Union Calendar No. 140

104TH CONGRESS

1ST SESSION H. R. 1815

[Report No. 104–237, Parts I and II]

A BILL

To authorize appropriations for the National Oceyear 1996, and for other purposes. anic and Atmospheric Administration for fiscal

SEPTEMBER 29, 1995

Reported from the Committee on Resources with an

printedHouse on the State of the Union, and ordered to beamendment, committed to the Committee of the Whole
IB

Union Calendar No. 140

104TH CONGRESS

1ST SESSION H. R. 1815

[Report No. 104–237, Parts I and II]

To authorize appropriations for the National Oceanic and Atmospheric

Administration for fiscal year 1996, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 13, 1995

Mr. ROHRABACHER (for himself and Mr. HAYES) introduced the following bill;

which was referred to the Committee on Science, and in addition to the

Committee on Resources, for a period to be subsequently determined by

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

AUGUST 4, 1995

Reported from the Committee on Science with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

AUGUST 4, 1995

Referral to the Committee on Resources extended for a period ending not later

than September 22, 1995

SEPTEMBER 29, 1995

Referral to the Committee on Resources extended for a period ending not later

than September 29, 1995

SEPTEMBER 29, 1995

From the Committee on Resources reported with an amendment, committed

to the Committee of the Whole House on the State of the Union, and

ordered to be printed

[For text of introduced bill, see copy of bill as introduced on June 13, 1995]

[Strike out all after the enacting clause and insert the part printed in bold face roman]
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A BILL

To authorize appropriations for the National Oceanic and

Atmospheric Administration for fiscal year 1996, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Oceanic and

5 Atmospheric Administration Authorization Act of 1995’’.

6 SEC. 2. DEFINITIONS.

7 For the purposes of this Act, the term—

8 (1) ‘‘Act of 1890’’ means the Act entitled ‘‘An

9 Act to increase the efficiency and reduce the expenses

10 of the Signal Corps of the Army, and to transfer the

11 Weather Bureau to the Department of Agriculture’’,

12 approved October 1, 1890 (26 Stat. 653);

13 (2) ‘‘Act of 1947’’ means the Act entitled ‘‘An

14 Act to define the functions and duties of the Coast

15 and Geodetic Survey, and for other purposes’’, ap16 proved August 6, 1947 (33 U.S.C. 883a et seq.);

17 (3) ‘‘Act of 1970’’ means the Act entitled ‘‘An

18 Act to clarify the status and benefits of commissioned

19 officers of the National Oceanic and Atmospheric Ad20 ministration, and for other purposes’’, approved De21 cember 31, 1970 (33 U.S.C. 857–1 et seq.);
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1 (4) ‘‘Administrator’’ means the Administrator of

2 the National Oceanic and Atmospheric Administra3 tion; and

4 (5) ‘‘Secretary’’ means the Secretary of Com5 merce.

6 TITLE I—ATMOSPHERIC, WEATH7 ER, AND SATELLITE PRO8 GRAMS

9 SEC. 101. NATIONAL WEATHER SERVICE.

10 (a) OPERATIONS AND RESEARCH.—There are author11 ized to be appropriated to the Secretary to enable the Na12 tional Oceanic and Atmospheric Administration to carry

13 out the operations and research duties of the National

14 Weather Service, $472,338,000 for fiscal year 1996. Such

15 duties include meteorological, hydrological, and oceano16 graphic public warnings and forecasts, as well as applied

17 research in support of such warnings and forecasts.

18 (b) SYSTEMS ACQUISITION.—There are authorized to

19 be appropriated to the Secretary to enable the National Oce20 anic and Atmospheric Administration to carry out the pub21 lic warning and forecast systems duties of the National

22 Weather Service, $79,034,000 for fiscal year 1996. Such du23 ties include the development, acquisition, and implementa24 tion of major public warning and forecast systems. None

25 of the funds authorized under this subsection shall be used
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1 for the purposes for which funds are authorized under sec2 tion 102(b) of the National Oceanic and Atmospheric Ad3 ministration Authorization Act of 1992 (Public Law 102–

4 567). None of the funds authorized by such section 102(b)

5 shall be expended for a particular NEXRAD installation

6 unless—

7 (1) it is identified as a National Weather Service

8 NEXRAD installation in the National Implementa9 tion Plan for modernization of the National Weather

10 Service, required under section 703 of the National

11 Oceanic and Atmospheric Administration Authoriza12 tion Act of 1992 (Public Law 102–567); or

13 (2) it is to be used only for spare parts, not as

14 an installation at a particular site.

15 (c) NEW NEXRAD INSTALLATIONS.—No funds may be

16 obligated for NEXRAD installations not identified in the

17 National Implementation Plan for 1996, unless the Sec18 retary certifies that such NEXRAD installations can be ac19 quired within the authorization for NEXRAD contained in

20 section 102(b) of the National Oceanic and Atmospheric Ad21 ministration Authorization Act of 1992.

22 (d) ASOS PROGRAM AUTHORIZATION.—Of the sums

23 authorized in subsection (b), $16,952,000 for fiscal year

24 1996 are authorized to be appropriated to the Secretary,

25 for the acquisition and deployment of—
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1 (A) the Automated Surface Observing System

2 and related systems, including multisensor and

3 backup arrays for National Weather Service sites at

4 airports; and

5 (B) Automated Meteorological Observing System

6 and Remote Automated Meteorological Observing Sys7 tem replacement units,

8 and to cover all associated activities, including program

9 management and operations and maintenance.

10 (e) AWIPS AUTHORIZATION.—Of the sums authorized

11 in subsection (b), there are authorized to be appropriated

12 to the Secretary $52,097,000 for fiscal year 1996, to remain

13 available until expended, for—

14 (1) the acquisition and deployment of the Ad15 vanced Weather Interactive Processing System and

16 NOAA Port and associated activities; and

17 (2) associated program management and oper18 ations and maintenance.

19 (f) CONSTRUCTION OF WEATHER FORECAST OF20 FICES.—There are authorized to be appropriated to the Sec21 retary to enable the National Oceanic and Atmospheric Ad22 ministration to carry out construction, repair, and modi23 fication activities relating to new and existing weather fore24 cast offices, $20,628,000 for fiscal year 1996. Such activities
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1 include planning, design, and land acquisition related to

2 such offices.

3 (g) STREAMLINING WEATHER SERVICE MODERNIZA4 TION.—

5 (1) REPEALS.—Sections 706 and 707 of the

6 Weather Service Modernization Act (15 U.S.C. 313

7 note) are repealed.

8 (2) CONFORMING AMENDMENTS.—The Weather

9 Service Modernization Act (15 U.S.C. 313 note) is

10 amended—

11 (A) in section 702, by striking paragraph

12 (3) and redesignating paragraphs (4) through

13 (10) as paragraphs (3) through (9), respectively;

14 and

15 (B) in section 703—

16 (i) by striking ‘‘(a) NATIONAL IMPLE17 MENTATION PLAN.—’’;

18 (ii) by striking paragraph (3) and re19 designating paragraphs (4), (5), and (6) as

20 paragraphs (3), (4), and (5), respectively;

21 and

22 (iii) by striking subsections (b) and

23 (c).
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1 SEC. 102. ATMOSPHERIC RESEARCH.

2 (a) CLIMATE AND AIR QUALITY RESEARCH.—(1)

3 There are authorized to be appropriated to the Secretary

4 to enable the National Oceanic and Atmospheric Adminis5 tration to carry out its climate and air quality research

6 duties, $86,757,000 for fiscal year 1996. Such duties include

7 interannual and seasonal climate research and long-term

8 climate and air quality research.

9 (2) The Administrator shall ensure that at least the

10 same percentage of the climate and air quality research

11 funds that were provided to institutions of higher education

12 for fiscal year 1995 is provided to institutions of higher

13 education from funds authorized by this subsection.

14 (b) ATMOSPHERIC PROGRAMS.—There are authorized

15 to be appropriated to the Secretary to enable the National

16 Oceanic and Atmospheric Administration to carry out its

17 atmospheric research duties, $39,894,000 for fiscal year

18 1996. Such duties include research for developing improved

19 prediction capabilities for atmospheric processes, as well as

20 solar-terrestrial research and services.

21 (c) GLOBE AUTHORIZATION.—There are authorized

22 to be appropriated to the Secretary to enable the National

23 Oceanic and Atmospheric Administration to carry out the

24 Global Learning and Observations to Benefit the Environ25 ment program, $7,000,000 for fiscal year 1996.
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1 SEC. 103. NATIONAL ENVIRONMENTAL SATELLITE, DATA,

2 AND INFORMATION SERVICE.

3 (a) SATELLITE OBSERVING SYSTEMS.—There are au4 thorized to be appropriated to the Secretary to enable the

5 National Oceanic and Atmospheric Administration to carry

6 out its satellite observing systems duties, $319,448,000 for

7 fiscal year 1996, to remain available until expended. Such

8 duties include spacecraft procurement, launch, and associ9 ated ground station systems involving polar orbiting and

10 geostationary environmental satellites, as well as the oper11 ation of such satellites. None of the funds authorized under

12 this subsection shall be used for the purposes for which funds

13 are authorized under section 105(d) of the National Oceanic

14 and Atmospheric Administration Authorization Act of 1992

15 (Public Law 102–567).

16 (b) POES PROGRAM AUTHORIZATION.—Of the sums

17 authorized in subsection (a), there are authorized to be ap18 propriated to the Secretary $184,425,000 for fiscal year

19 1996, to remain available until expended, for the procure20 ment of Polar Orbiting Environmental Satellites K, L, M,

N, and N1 21 , and the procurement of the launching and sup22 porting ground systems of such satellites.

23 (c) GEOSTATIONARY OPERATIONAL ENVIRONMENTAL

24 SATELLITES.—Of the sums authorized in subsection (a),

25 there are authorized to be appropriated to the Adminis-
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1 trator $46,300,000 for fiscal year 1996, to remain available

2 until expended—

3 (1) to procure up to three additional Geo4 stationary Operational Environmental NEXT Sat5 ellites (GOES I–M clones) and instruments; and

6 (2) for contracts, and amendments or modifica7 tions of contracts, with the developer of previous

8 GOES-NEXT satellites for the acquisition of the addi9 tional satellites and instruments described in para10 graph (1).

11 (d) ENVIRONMENTAL DATA AND INFORMATION SERV12 ICES.—There are authorized to be appropriated to the Sec13 retary to enable the National Oceanic and Atmospheric Ad14 ministration to carry out its environmental data and infor15 mation services duties, $35,665,000 for fiscal year 1996.

16 Such duties include climate data services, geophysical data

17 services, and environmental assessment and information

18 services.

19 (e) NATIONAL POLAR-ORBITING OPERATIONAL ENVI20 RONMENTAL SATELLITE SYSTEM PROGRAM AUTHORIZA21 TION.—Of the sums authorized in subsection (a), there are

22 authorized to be appropriated to the Secretary, for fiscal

23 year 1996, $39,500,000, to remain available until expended,

24 for the procurement of the National Polar-Orbiting Oper25 ational Environmental Satellite System, and the procure-
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1 ment of the launching and supporting ground systems of

2 such satellites.

3 TITLE II—MARINE RESEARCH

4 SEC. 201. NATIONAL OCEAN SERVICE.

5 (a) MAPPING AND CHARTING.—There are authorized

6 to be appropriated to the Secretary, to enable the National

7 Oceanic and Atmospheric Administration to carry out

8 mapping and charting activities under the Act of 1947 and

9 any other law involving those activities, $29,149,000.

10 (b) GEODESY.—There are authorized to be appro11 priated to the Secretary, to enable the National Oceanic and

12 Atmospheric Administration to carry out geodesy activities

13 under the Act of 1947 and any other law involving those

14 activities, $19,927,000 for fiscal year 1996.

15 (c) OBSERVATION AND PREDICTION.—

16 (1) IN GENERAL.—There are authorized to be ap17 propriated to the Secretary, to enable the National

18 Oceanic and Atmospheric Administration to carry

19 out observation and prediction activities under the

20 Act of 1947 and any other law involving those activi21 ties, $11,279,000 for fiscal year 1996.

22 (2) CIRCULATORY SURVEY PROGRAM.—In addi23 tion to amounts authorized under paragraph (1),

24 there are authorized to be appropriated to the Sec25 retary, to enable the National Oceanic and Atmos-
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1 pheric Administration to carry out the Circulatory

2 Survey Program, $695,000 for fiscal year 1996.

3 (3) OCEAN AND EARTH SCIENCES.—In addition

4 to amounts authorized under paragraph (1), there are

5 authorized to be appropriated to the Secretary, to en6 able the National Oceanic and Atmospheric Adminis7 tration to carry out ocean and earth science activi8 ties, $4,231,000 for fiscal year 1996.

9 (d) ESTUARINE AND COASTAL ASSESSMENT.—

10 (1) IN GENERAL.—There are authorized to be ap11 propriated to the Secretary, to enable the National

12 Oceanic and Atmospheric Administration to support

13 estuarine and coastal assessment activities under the

14 Act of 1947 and any other law involving those activi15 ties, $1,171,000 for fiscal year 1996.

16 (2) OCEAN ASSESSMENT.—In addition to

17 amounts authorized under paragraph (1), there are

18 authorized to be appropriated to the Secretary, to en19 able the National Oceanic and Atmospheric Adminis20 tration to carry out the National Status and Trends

21 Program, the Strategic Environmental Assessment

22 Program, and the Hazardous Materials Response Pro23 gram, $8,401,000 for fiscal year 1996.

24 (3) DAMAGE ASSESSMENT PROGRAM.—In addi25 tion to amounts authorized under paragraph (1),
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1 there are authorized to be appropriated to the Sec2 retary, to enable the National Oceanic and Atmos3 pheric Administration to carry out the Damage As4 sessment Program, $585,000 for fiscal year 1996.

5 (4) COASTAL OCEAN PROGRAM.—In addition to

6 amounts authorized under paragraph (1), there are

7 authorized to be appropriated to the Secretary, to en8 able the National Oceanic and Atmospheric Adminis9 tration to carry out the Coastal Ocean Program,

10 $9,158,000 for fiscal year 1996.

11 SEC. 202. OCEAN AND GREAT LAKES RESEARCH.

12 (a) MARINE PREDICTION RESEARCH.—There are au13 thorized to be appropriated to the Secretary, to enable the

14 National Oceanic and Atmospheric Administration to carry

15 out marine prediction research activities under the Act of

16 1947, the Act of 1890, and any other law involving those

17 activities, $13,763,000 for fiscal year 1996.

18 (b) NATIONAL SEA GRANT COLLEGE PROGRAM.—(1)

19 Section 212(a) of the National Sea Grant College Program

20 Act (33 U.S.C. 1131(a)) is amended to read as follows:

21 ‘‘(a) GRANTS AND CONTRACTS; FELLOWSHIPS.—There

22 are authorized to be appropriated to carry out sections 205

23 and 208, $34,500,000 for fiscal year 1996.’’.

24 (2) Section 212(b)(1) of the National Sea Grant Col25 lege Program Act (33 U.S.C. 1131(b)(1)) is amended by
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1 striking ‘‘an amount’’ and all that follows through ‘‘not to

2 exceed $2,900,000’’ and inserting in lieu thereof

3 ‘‘$1,500,000 for fiscal year 1996’’.

4 (3) Section 203(4) of the National Sea Grant College

5 Program Act (33 U.S.C. 1122(4)) is amended by striking

6 ‘‘discipline or field’’ and all that follows through ‘‘public

7 administration)’’ and inserting in lieu thereof ‘‘field or dis8 cipline involving scientific research’’.

9 SEC. 203. USE OF OCEAN RESEARCH RESOURCES OF OTHER

10 FEDERAL AGENCIES.

11 (a) FINDINGS.—The Congress finds the following:

12 (1) Observing, monitoring, and predicting the

13 ocean environment has been a high priority for the

14 defense community to support ocean operations.

15 (2) Many advances in ocean research have been

16 made by the defense community which could be

17 shared with civilian researchers.

18 (3) The National Oceanic and Atmospheric Ad19 ministration’s missions to describe and predict the

20 ocean environment, manage the Nation’s ocean and

21 coastal resources, and promote stewardship of the

22 world’s oceans would benefit from increased coopera23 tion with defense agencies.

24 (b) SENSE OF CONGRESS.—It is the sense of the Con25 gress that the National Oceanic and Atmospheric Adminis-
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1 tration should expand its efforts to develop interagency

2 agreements to further the use of defense-related technologies,

3 data, and other resources to support its oceanic missions.

4 (c) REPORT.—

5 (1) IN GENERAL.—Not later than 120 days after

6 the date of the enactment of this Act, the Secretary of

7 Commerce shall submit to the Committee on Science

8 of the House of Representatives and the Committee on

9 Commerce, Science, and Transportation of the Senate

10 a report on the feasibility of expanding the use of de11 fense-related technologies, data, and other resources to

12 support and enhance the oceanic missions of the Na13 tional Oceanic and Atmospheric Administration.

14 (2) CONTENTS.—The report required under

15 paragraph (1) shall include—

16 (A) a detailed listing of defense-related re17 sources currently available to the National Oce18 anic and Atmospheric Administration and the

19 National Oceanic and Atmospheric Administra20 tion missions which utilize those resources;

21 (B) detailed findings and recommendations,

22 including funding requirements, on the potential

23 for expanding the use of available defense-related

24 resources;
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1 (C) a detailed listing and funding history of

2 the National Oceanic and Atmospheric Adminis3 tration resources, including data and technology,

4 which could be supplemented by defense-related

5 resources;

6 (D) a listing of currently unavailable de7 fense-related resources, including data and tech8 nology, which if made available would enhance

9 the National Oceanic and Atmospheric Adminis10 tration mission performance;

11 (E) recommendations on the regulatory and

12 legislative structures needed to maximize the use

13 of defense-related resources;

14 (F) an assessment of the respective roles in

15 the use of defense-related resources of the Army

16 Corps of Engineers, data centers, operational

17 centers, and research facilities of the National

18 Oceanic and Atmospheric Administration; and

19 (G) recommendations on how to provide ac20 cess to relevant defense-related data for non-Fed21 eral scientific users.

22 TITLE III—PROGRAM SUPPORT

23 SEC. 301. PROGRAM SUPPORT.

24 (a) EXECUTIVE DIRECTION AND ADMINISTRATIVE AC25 TIVITIES.—There are authorized to be appropriated to the
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1 Secretary, to enable the National Oceanic and Atmospheric

2 Administration to carry out executive direction and admin3 istrative activities under the Act of 1970 and any other law

4 involving those activities, $20,632,000 for fiscal year 1996.

5 (b) CENTRAL ADMINISTRATIVE SUPPORT.—There are

6 authorized to be appropriated to the Secretary, to enable

7 the National Oceanic and Atmospheric Administration to

8 carry out central administrative support activities under

9 the Act of 1970 and any other law involving those activities,

10 $30,000,000 for fiscal year 1996.

11 (c) RETIRED PAY.—There are authorized to be appro12 priated to the Secretary, for retired pay for retired commis13 sioned officers of the National Oceanic and Atmospheric Ad14 ministration under the Act of 1970, $7,706,000 for fiscal

15 year 1996.

16 (d) MARINE SERVICES.—

17 (1) CONTRACTING AUTHORITY.—Notwithstanding

18 any other provision of law, the Secretary is author19 ized to enter into contracts for data or days-at-sea to

20 fulfill the National Oceanic and Atmospheric Admin21 istration missions of marine research, climate re22 search, fisheries research, and mapping and charting

23 services.

24 (2) UNOLS VESSEL AGREEMENTS.—In fulfilling

25 the National Oceanic and Atmospheric Administra-
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1 tion mission requirements described in paragraph (1),

2 the Secretary shall use excess capacity of University3 National Oceanographic Laboratory System vessels

4 where appropriate, and may enter into memoranda of

5 agreement with operators of those vessels to carry out

6 those mission requirements.

7 (3) AUTHORIZATION OF APPROPRIATIONS.—

8 There are authorized to be appropriated to the Sec9 retary, to enable the National Oceanic and Atmos10 pheric Administration to carry out marine services

11 activities, including activities described in para12 graphs (1) and (2), $60,689,000 for fiscal year 1996.

13 (e) AIRCRAFT SERVICES.—There are authorized to be

14 appropriated to the Secretary, to enable the National Oce15 anic and Atmospheric Administration to carry out aircraft

16 services activities (including aircraft operations, mainte17 nance, and support) under the Act of 1970 and any other

18 law involving those activities, $9,548,000 for fiscal year

19 1996.

20 (f) FACILITIES REPAIRS AND RENOVATIONS.—There

21 are authorized to be appropriated to the Secretary, to enable

22 the National Oceanic and Atmospheric Administration to

23 carry out facilities repairs and renovations, $7,374,000 for

24 fiscal year 1996.
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1 TITLE IV—STREAMLINING OF

2 OPERATIONS

3 SEC. 401. PROGRAM TERMINATIONS.

4 (a) TERMINATIONS.—No funds may be appropriated

5 for the following programs and accounts:

6 (1) The National Undersea Research Program.

7 (2) The Fleet Modernization, Shipbuilding, and

8 Construction Account.

9 (3) The Charleston, South Carolina, Special

10 Management Plan.

11 (4) Chesapeake Bay Observation Buoys.

12 (5) Federal/State Weather Modification Grants.

13 (6) The Southeast Storm Research Account.

14 (7) The Southeast United States Caribbean Fish15 eries Oceanographic Coordinated Investigations Pro16 gram.

17 (8) National Institute for Environmental Re18 newal.

19 (9) The Lake Champlain Study.

20 (10) The Maine Marine Research Center.

21 (11) The South Carolina Cooperative Geodetic

22 Survey Account.

23 (12) Pacific Island Technical Assistance.

24 (13) Sea Grant/Oyster Disease Account.
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1 (14) National Coastal Research and Development

2 Institute Account.

3 (15) VENTS program.

4 (16) National Weather Service Non-Federal,

5 Non-Wildfire Fire Weather Service.

6 (17) National Weather Service Regional Climate

7 Centers.

8 (18) National Weather Service Samoa Weather

9 Forecast Office Repair and Upgrade Account.

10 (19) Dissemination of Weather Charts (Marine

11 Facsimile Service).

12 (b) REPORT.—Not later than 60 days after the date

13 of the enactment of this Act, the Secretary shall submit to

14 the Committee on Science of the House of Representatives

15 and the Committee on Commerce, Science, and Transpor16 tation of the Senate a report certifying that all the pro17 grams listed in subsection (a) will be terminated no later

18 than September 30, 1995.

19 (c) REPEAL OF SEA GRANT PROGRAMS.—

20 (1) REPEALS.—(A) Section 208(b) of the Na21 tional Sea Grant College Program Act (33 U.S.C.

22 1127(b)) is repealed.

23 (B) Section 3 of the Sea Grant Program Im24 provement Act of 1976 (33 U.S.C. 1124a) is repealed.
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1 (2) CONFORMING AMENDMENT.—Section 209 of

2 the National Sea Grant College Program Act (33

3 U.S.C. 1128(b)(1)) is amended by striking ‘‘and sec4 tion 3 of the Sea Grant Program Improvement Act of

5 1976’’.

6 (d) ADDITIONAL REPEAL.—The NOAA Fleet Mod7 ernization Act (33 U.S.C. 851 note) is repealed.

8 SEC. 402. LIMITATION ON APPROPRIATIONS.

9 (a) SUBSEQUENT FISCAL YEARS.—Notwithstanding

10 any other provision of law, no funds are authorized to be

11 appropriated for any fiscal year after fiscal year 1996 for

12 carrying out the programs, projects, and activities for

13 which funds are authorized by this Act.

14 (b) FISCAL YEAR 1996.—No more than $1,692,470,000

15 is authorized to be appropriated to the Secretary for fiscal

16 year 1996, by this Act or any other Act, to enable the Na17 tional Oceanic and Atmospheric Administration to carry

18 out all activities associated with Operations, Research, and

19 Facilities.

20 (c) REDUCTION IN TRAVEL BUDGET.—Of the sums ap21 propriated under this Act for Operations, Research, and

22 Facilities, no more than $20,000,000 may be used for reim23 bursement of travel and related expenses for National Oce24 anic and Atmospheric Administration personnel.
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1 SEC. 403. REDUCTION IN THE COMMISSIONED OFFICER

2 CORPS.

3 (a) MAXIMUM NUMBER.—The total number of commis4 sioned officers on the active list of the National Oceanic

5 and Atmospheric Administration shall not exceed—

6 (1) 369 for fiscal year 1996;

7 (2) 100 for fiscal year 1997; and

8 (3) 50 for fiscal year 1998.

9 No such commissioned officers are authorized for any fiscal

10 year after fiscal year 1998.

11 (b) SEPARATION PAY.—The Secretary may separate

12 commissioned officers from the active list of the National

13 Oceanic and Atmospheric Administration, and may do so

14 without providing separation pay.

15 TITLE V—MISCELLANEOUS

16 SEC. 501. WEATHER DATA BUOYS.

17 (a) PROHIBITION.—It shall be unlawful for any unau18 thorized person to remove, change the location of, obstruct,

19 willfully damage, make fast to, or interfere with any weath20 er data buoy established, installed, operated, or maintained

21 by the National Data Buoy Center.

22 (b) CIVIL PENALTIES.—The Administrator is author23 ized to assess a civil penalty against any person who vio24 lates any provision of this section in an amount of not more

25 than $10,000 for each violation. Each day during which

26 such violation continues shall be considered a new offense.
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1 Such penalties shall be assessed after notice and oppor2 tunity for a hearing.

3 (c) REWARDS.—The Administrator may offer and pay

4 rewards for the apprehension and conviction, or for infor5 mation helpful therein, of persons found interfering, in vio6 lation of law, with data buoys maintained by the National

7 Data Buoy Center; or for information leading to the discov8 ery of missing National Weather Service property or the

9 recovery thereof.

10 SEC. 502. DUTIES OF THE NATIONAL WEATHER SERVICE.

11 (a) IN GENERAL.—To protect life and property and

12 enhance the national economy, the Secretary, through the

13 National Weather Service, except as outlined in subsection

14 (b), shall be responsible for—

15 (1) forecasts and shall serve as the sole official

16 source of weather warnings;

17 (2) the issue of storm warnings;

18 (3) the collection, exchange, and distribution of

19 meteorological, hydrological, climatic, and oceano20 graphic data and information; and

21 (4) the preparation of hydrometeorological guid22 ance and core forecast information.

23 (b) COMPETITION WITH PRIVATE SECTOR.—The Na24 tional Weather Service shall not compete, or assist other en25 tities to compete, with the private sector when a service is
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1 currently provided or can be provided by commercial enter2 prise, unless—

3 (1) the Secretary finds that the private sector is

4 unwilling or unable to provide the services; and

5 (2) the service provides vital weather warnings

6 and forecasts for the protection of lives and property

7 of the general public.

8 (c) AMENDMENTS.—The Act of 1890 is amended—

9 (1) by striking section 3 (15 U.S.C. 313); and

10 (2) in section 9 (15 U.S.C. 317), by striking all

11 after ‘‘Department of Agriculture’’ and inserting in

12 lieu thereof a period.

13 (d) REPORT.—Not later than 60 days after the date

14 of the enactment of this Act, the Secretary shall submit to

15 the Committee on Science of the House of Representatives

16 and the Committee on Commerce, Science, and Transpor17 tation of the Senate a report detailing all National Weather

18 Service activities which do not conform to the requirements

19 of this section and outlining a timetable for their termi20 nation.

21 SEC. 503. REIMBURSEMENT OF EXPENSES.

22 (a) IN GENERAL.—Notwithstanding section 3302 (b)

23 and (c) of title 31, United States Code, and subject to sub24 section (b) of this section, all amounts received by the Unit25 ed States in settlement of, or judgment for, damage claims
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1 arising from the October 9, 1992, allision of the vessel

2 ZACHERY into the National Oceanic and Atmospheric Ad3 ministration research vessel DISCOVERER—

4 (1) shall be retained as an offsetting collection in

5 the Marine Services account of the National Oceanic

6 and Atmospheric Administration;

7 (2) shall be deposited in that account upon re8 ceipt by the United States Government; and

9 (3) shall be available only for obligation for Na10 tional Oceanic and Atmospheric Administration ves11 sel repairs.

12 (b) LIMITATION.—Not more than $518,757.09 of the

13 amounts referred to in subsection (a) may be deposited into

14 the Marine Services account pursuant to subsection (a).

15 SEC. 504. ELIGIBILITY FOR AWARDS.

16 (a) IN GENERAL.—The Administrator shall exclude

17 from consideration for awards of financial assistance made

18 by the National Oceanic and Atmospheric Administration

19 after fiscal year 1995 any person who received funds, other

20 than those described in subsection (b), appropriated for a

21 fiscal year after fiscal year 1995, from any Federal funding

22 source for a project that was not subjected to a competitive,

23 merit-based award process. Any exclusion from consider24 ation pursuant to this section shall be effective for a period

25 of 5 years after the person receives such Federal funds.
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1 (b) EXCEPTION.—Subsection (a) shall not apply to

2 awards to persons who are members of a class specified by

3 law for which assistance is awarded to members of the class

4 according to a formula provided by law.

5 SEC. 505. PROHIBITION OF LOBBYING ACTIVITIES.

6 None of the funds authorized by this Act shall be avail7 able for any activity whose purpose is to influence legisla8 tion pending before the Congress, provided that this shall

9 not prevent officers or employees of the United States or

10 of its departments or agencies from communicating to Mem11 bers of Congress on the request of any Member or to Con12 gress, through the proper channels, requests for legislation

13 or appropriations which they deem necessary for the effi14 cient conduct of the public business.

15 SEC. 506. REPORT ON LABORATORIES.

16 (a) IN GENERAL.—No later than 120 days after the

17 date of the enactment of this Act, the Secretary shall con18 duct a review of the laboratories operated by the National

19 Oceanic and Atmospheric Administration and submit a re20 port to the Committee on Science of the House of Represent21 atives and the Committee on Commerce, Science, and

22 Transportation of the Senate.

23 (b) REQUIREMENTS.—The report required by sub24 section (a) shall—
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1 (1) address potential efficiencies and savings

2 which could be achieved through closing or consolidat3 ing laboratory facilities;

4 (2) review each laboratory’s—

5 (A) mission and activities and their cor6 relation to the mission priorities of the National

7 Oceanic and Atmospheric Administration;

8 (B) physical assets, equipment, condition,

9 and personnel resources; and

10 (C) organization and program manage11 ment; and

12 (3) address other issues the Inspector General

13 considers relevant.

14 SECTION 1. SHORT TITLE.

15 This Act may be cited as the ‘‘National

16 Oceanic and Atmospheric Administration Au17 thorization Act of 1995’’.

18 SEC. 2. DEFINITIONS.

19 For the purposes of this Act, the term—

20 (1) ‘‘Act of 1890’’ means the Act enti21 tled ‘‘An Act to increase the efficiency

22 and reduce the expenses of the Signal

23 Corps of the Army, and to transfer the

24 Weather Bureau to the Department of Ag-
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1 riculture’’, approved October 1, 1890 (26

2 Stat. 653);

3 (2) ‘‘Act of 1947’’ means the Act enti4 tled ‘‘An Act to define the functions and

5 duties of the Coast and Geodetic Survey,

6 and for other purposes’’, approved Au7 gust 6, 1947 (33 U.S.C. 883a et seq.); and

8 (3) ‘‘Administrator’’ means the Admin9 istrator of the National Oceanic and At10 mospheric Administration.

11 TITLE I—NATIONAL OCEAN

12 SERVICE

13 SEC. 101. NATIONAL OCEAN SERVICE.

14 (a) MAPPING, CHARTING, AND GEODESY.—

15 (1) AUTHORIZATION OF APPROPRIA16 TIONS.—There are authorized to be appro17 priated to the Secretary of Commerce, to

18 enable the National Ocean and Atmos19 pheric Administration to carry out map20 ping, charting, and geodesy activities (in21 cluding geodetic data collection and anal22 ysis) under the Act of 1947 and any other

23 law involving those activities, $58,500,000

24 for fiscal year 1996 and $63,000,000 for

25 fiscal year 1997.
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1 (2) ENGINEERING SERVICES CON2 TRACTS.—The Secretary, subject to the

3 availability of appropriations, may award

4 contracts for hydrographic, geodetic, and

5 photogrammetric surveying and mapping

6 services in accordance with title IX of the

7 Federal Property and Administrative

8 Services Act of 1949 (40 U.S.C. 541 et

9 seq.).

10 (b) OBSERVATION AND ASSESSMENT.—(1)

11 There are authorized to be appropriated to

12 the Secretary of Commerce, to enable the Na13 tional Oceanic and Atmospheric Administra14 tion to carry out observation and assessment

15 activities, $50,500,000 for each of fiscal years

16 1996 and 1997.

17 (2) Of the sums authorized under para18 graph (1), $5,000,000 for each of fiscal years

19 1996 and 1997 are authorized to be appro20 priated for the purposes of conducting a

21 Coastal Ocean Program. Such program shall

22 augment and integrate existing programs of

23 the National Oceanic and Atmospheric Ad24 ministration, and shall include efforts to im25 prove predictions of fish stocks to better con-
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1 serve and manage living marine resources, to

2 improve predictions of coastal ocean pollu3 tion to help correct and prevent degradation,

4 and to improve predictions of coastal hazards

5 to protect human life and personal property.

6 SEC. 102. OCEAN AND GREAT LAKES RESEARCH.

7 There are authorized to be appropriated

8 to the Secretary of Commerce, to enable the

9 National Oceanic and Atmospheric Adminis10 tration to carry out ocean and Great Lakes re11 search activities under the Act of 1947, the

12 Act of 1890, and any other law involving those

13 activities, $13,000,000 for each of fiscal years

14 1996 and 1997.

15 SEC. 103. NATIONAL UNDERSEA RESEARCH PROGRAM.

16 (a) ESTABLISHMENT.—The Secretary of

17 Commerce shall—

18 (1) establish and maintain within the

19 Administration a program to be known as

20 the National Undersea Research Program

21 (in this section referred to as the ‘‘Pro22 gram’’); and

23 (2) under the Program, establish and

24 maintain regional National Undersea Re25 search Centers.
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1 (b) PURPOSE.—The purpose of the Pro2 gram shall be to increase knowledge essential

3 for the wise use and preservation of oceanic,

4 coastal, and large lake resources through ad5 vanced undersea exploration, sampling obser6 vation, and experimentation addressing is7 sues of regional, national, and global impor8 tance.

9 (c) AUTHORIZATION OF APPROPRIATIONS.—

10 There are authorized to be appropriated to

11 the Secretary of Commerce—

12 (1) to administer the Program,

13 $1,800,000 for each of fiscal years 1996

14 and 1997; and

15 (2) for grants and contracts to re16 gional National Undersea Research Cen17 ters, $16,200,000 for each of fiscal years

18 1996 and 1997.

19 TITLE II—NOAA MARINE

20 FISHERY PROGRAMS

21 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

22 The National Oceanic and Atmospheric

23 Administration Marine Fisheries Program Au24 thorization Act (Public Law 98–210; 97 Stat.

25 1409) is amended—
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1 (1) in section 2(a)—

2 (A) by striking ‘‘and’’ after ‘‘1992’’

3 and inserting a comma; and

4 (B) by inserting before the period

5 at the end the following: ‘‘, $45,000,000

6 for each of fiscal years 1996 and

7 1997’’;

8 (2) in section 3(a)—

9 (A) by striking ‘‘and’’ after ‘‘1992’’

10 and inserting a comma; and

11 (B) by inserting before the period

12 at the end the following: ‘‘, $27,000,000

13 for each of fiscal years 1996 and

14 1997’’;

15 (3) in section 4(a)—

16 (A) by striking ‘‘and’’ after ‘‘1992’’

17 and inserting a comma; and

18 (B) by inserting before the period

19 at the end the following: ‘‘, $18,000,000

20 for each of fiscal years 1996 and

21 1997’’; and

22 (4) in section 2(e)—

23 (A) by striking ‘‘1992 and 1993’’

24 and inserting ‘‘1996 and 1997’’;
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1 (B) by striking ‘‘establish’’ and in2 serting ‘‘operate’’;

3 (C) by striking ‘‘306’’ and inserting

4 ‘‘307’’; and

5 (D) by striking ‘‘1991’’ and insert6 ing ‘‘1992’’.

7 TITLE III—MISCELLANEOUS

8 PROVISIONS

9 SEC. 301. PROGRAM SUPPORT.

10 (a) EXECUTIVE DIRECTION AND ADMINISTRA11 TIVE ACTIVITIES.—There are authorized to be

12 appropriated to the Secretary of Commerce,

13 to enable the National Oceanic and Atmos14 pheric Administration to carry out executive

15 direction and administrative activities (in16 cluding management, administrative support,

17 provision of retired pay of National Oceanic

18 and Atmospheric Administration commis19 sioned officers, and policy development)

20 under the Act entitled ‘‘An Act to clarify the

21 status and benefits of commissioned officers

22 of the National Oceanic and Atmospheric Ad23 ministration, and for other purposes’’, ap24 proved December 31, 1970 (33 U.S.C. 857–1 et

25 seq.), and any other law involving those ac-
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1 tivities, $60,000,000 for each of fiscal years

2 1996 and 1997.

3 (b) ACQUISITION, CONSTRUCTION, MAINTE4 NANCE, AND OPERATION OF FACILITIES.—There

5 are authorized to be appropriated to the Sec6 retary of Commerce, for acquisition, construc7 tion, maintenance, and operation of facilities

8 of the National Oceanic and Atmospheric Ad9 ministration under any law involving those

10 activities, $43,000,000 for fiscal year 1996, and

11 such sums as may be necessary for fiscal year

12 1997.

13 (c) MARINE SERVICES.—There are author14 ized to be appropriated to the Secretary of

15 Commerce, to enable the National Oceanic

16 and Atmospheric Administration to carry out

17 marine services activities (including ship op18 erations, maintenance, and support) under

19 the Act of 1947 and any other law involving

20 those activities, $60,000,000 for each of fiscal

21 years 1996 and 1997.

22 SEC. 302. CONVEYANCE OF NATIONAL MARINE FISHERIES

23 SERVICE LABORATORY AT GLOUCESTER,

24 MASSACHUSETTS.

25 (a) CONVEYANCE REQUIRED.—
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1 (1) IN GENERAL.—The Secretary of

2 Commerce shall convey to the Common3 wealth of Massachusetts all right, title,

4 and interest of the United States in and

5 to the property comprising the National

6 Marine Fisheries Service laboratory lo7 cated on Emerson Avenue in Gloucester,

8 Massachusetts.

9 (2) TERMS.—A conveyance of property

10 under paragraph (1) shall be made—

11 (A) without payment of consider12 ation; and

13 (B) subject to the terms and con14 ditions specified under subsections

15 (b) and (c).

16 (b) CONDITIONS FOR TRANSFER.—

17 (1) IN GENERAL.—As a condition of any

18 conveyance of property under this sec19 tion, the Commonwealth of Massachu20 setts shall assume full responsibility for

21 maintenance of the property for as long

22 as the Commonwealth retains the right

23 and title to that property.

24 (2) CONTINUED USE OF PROPERTY BY

25 NMFS.—The Secretary may enter into a
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1 memorandum of understanding with the

2 Commonwealth of Massachusetts under

3 which the National Marine Fisheries

4 Service is authorized to occupy existing

5 laboratory space on the property con6 veyed under this section, if—

7 (A) the term of the memorandum

8 of understanding is for a period of

9 not longer than 5 years beginning on

10 the date of enactment of this Act; and

11 (B) the square footage of the

12 space to be occupied by the National

13 Marine Fisheries Service does not

14 conflict with the needs of, and is

15 agreeable to, the Commonwealth of

16 Massachusetts.

17 (c) REVERSIONARY INTEREST.—All right,

18 title, and interest in and to all property con19 veyed under this section shall revert to the

20 United States on the date on which the Com21 monwealth of Massachusetts uses any of the

22 property for any purpose other than the Com23 monwealth of Massachusetts Division of Ma24 rine Fisheries resource management pro25 gram.
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1 SEC. 303. CLEANUP OF NOAA FACILITIES.

2 (a) IN GENERAL.—The Secretary of Com3 merce shall cleanup landfills, wastes, dumps,

4 debris, storage tanks, property, hazardous or

5 unsafe conditions, and contaminants (includ6 ing, without limitation, petroleum products

7 and their derivatives), on lands which the Na8 tional Oceanic and Atmospheric Administra9 tion and its predecessor agencies abandoned,

10 quitclaimed, or otherwise transferred, or is

11 obligated to transfer, to local entities or land12 owners on the Pribilof Islands, Alaska, pursu13 ant to the Fur Seal Act of 1966 (16 U.S.C. 1161

14 et seq.).

15 (b) SPECIFIC REQUIREMENTS.—To carry out

16 subsection (a), the Secretary shall—

17 (1) by December 31, 1995, executive

18 agreements with the State of Alaska, af19 fected local entities and landowners, and

20 in the case of new landfills, the Indian

21 Health Service;

22 (2) manage the cleanup required in

23 subsection (a) with the minimum possible

24 Federal overhead, delay, and duplication

25 of State and local planning and design

26 work;
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1 (3) receive approval of the State of

2 Alaska for the cleanup plans prepared as

3 a result of the agreements described in

4 subsection (b)(1) where said cleanup is

5 required by State law;

6 (4) receive approval of affected local

7 entities and landowners before conduct8 ing cleanup work on their property, if

9 such approval is not obtained by agree10 ment in accordance with paragraph (5);

11 (5) to the maximum extent possible,

12 and notwithstanding any other law, carry

13 out duties under this Act and under

14 other Federal laws on the Pribilof Islands

15 through contracts, grants, or cooperative

16 agreements, including agreements on a

17 reimbursable basis, with the local entities

18 and landowners and with residents of the

19 Pribilof Islands; and

20 (6) not require financial contribu21 tions by or from local entities or land22 owners.

23 (c) CONTENTS OF AGREEMENTS.—The agree24 ments described in subsection (b)(1) shall—
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1 (1) require the Secretary to clean up

2 all sites referred to in subsection (a), as

3 soon as possible;

4 (2) specify the Secretary’s responsibil5 ity to—

6 (A) contribute to the planning

7 and construction of new or redevel8 oped landfills;

9 (B) provide technical and finan10 cial assistance and training to the

11 local entities and landowners and

12 residents of the Pribilof Islands; and

13 (C) to the greatest extent possible,

14 secure their participation in carrying

15 out this section.

16 (d) DEFINITIONS.—For purposes of this sec17 tion—

18 (1) the term ‘‘cleanup’’ means, without

19 limitation, planning and execution of re20 mediation actions for lands described in

21 subsection (a) and redevelopment of land22 fills to meet regulatory requirements; and

23 (2) the term ‘‘local entities and land24 owners’’ means those local political sub25 divisions and entities that have received
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1 or are eligible to receive lands under the

2 Fur Seal Act of 1966 (16 U.S.C. 1161 et

3 seq.)

4 SEC. 304. NOAA FLEET MODERNIZATION.

5 (a) SERVICE CONTRACTS.—Notwithstanding

6 any other provision of law and subject to the

7 availability of appropriations, the Adminis8 trator shall enter into contracts, including

9 multiyear contracts, subject to subsection (d),

10 for the use of vessels to conduct oceano11 graphic research and fisheries research, mon12 itoring, enforcement, and management, and

13 for the use of vessels to acquire mapping and

14 charting data necessary to carry out the mis15 sions of the Administration. The Adminis16 trator shall enter into these contracts un17 less—

18 (1) the cost of the contract is more

19 than the cost (including the cost of vessel

20 operation, maintenance, and all person21 nel) to the Administration of obtaining

22 those services on vessels of the Adminis23 tration;

24 (2) the contract is for more than 7

25 years;
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1 (3) the Administrator finds that it is

2 not in the public interest to do so; or

3 (4) the data is acquired through a

4 vessel agreement pursuant to subsection

5 (e).

6 (b) REPORT.—The Administrator shall re7 port to Congress by February 1, 1996, on the

8 need to own, lease, or charter vessels to ac9 quire data.

10 (c) VESSELS.—After the date of the enact11 ment of this Act, the Administrator may not

12 enter into any contract for the construction,

13 lease-purchase, or service life extension of

14 any vessel unless specifically authorized by

15 Congress.

16 (d) MULTIYEAR CONTRACTS.—

17 (1) IN GENERAL.—Subject to para18 graphs (2) and (3), and notwithstanding

19 section 1341 of title 31 and section 11 of

20 title 41, the Administrator may acquire

21 data under multiyear contracts.

22 (2) REQUIRED FINDINGS.—The Adminis23 trator may not enter into a contract pur24 suant to this subsection unless the Ad25 ministrator finds with respect to that
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1 contract that there is a reasonable expec2 tation that throughout the contemplated

3 contract period the Administrator will re4 quest from Congress funding for the con5 tract at the level required to avoid con6 tract termination.

7 (3) REQUIRED PROVISIONS.—The Ad8 ministrator may not enter into a contract

9 pursuant to this subsection unless the

10 contract includes—

11 (A) a provision under which the

12 obligation of the United States to

13 make payments under the contract

14 for any fiscal year is subject to the

15 availability of appropriations pro16 vided in advance for those payments;

17 (B) a provision that specifies the

18 term of effectiveness of the contract;

19 and

20 (C) appropriate provisions under

21 which, in case of any termination of

22 the contract before the end of the

23 term specified pursuant to subpara24 graph (B), the United States shall

25 only be liable for the lesser of—
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1 (i) an amount specified in the

2 contract for such a termination;

3 or

4 (ii) amounts that—

5 (I) were appropriated be6 fore the date of the termi7 nation for the performance of

8 the contract or for procure9 ment of the type of acquisi10 tion covered by the contract;

11 and

12 (II) are unobligated on the

13 date of the termination.

14 (e) VESSEL AGREEMENTS.—The Adminis15 trator shall use excess capacity of University

16 National Oceanographic Laboratory System

17 vessels where appropriate and may enter into

18 memoranda of agreement with the operators

19 of these vessels to carry out this requirement.

20 (f) TRANSFER OF EXCESS VESSELS.—The Ad21 ministrator shall transfer any vessels found

22 excess to the needs of the Administration to

23 the National Defense Reserve Fleet. Notwith24 standing any other provision of law, these

25 vessels may be scrapped in accordance with
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1 section 1160(i) of title 46 App. United States

2 Code.

3 (g) VESSEL RETIREMENT FUND.—There shall

4 be established in the Treasury a National Ma5 rine Resources Administration Vessel Retire6 ment Fund. Notwithstanding any other provi7 sion of law, 95 percent of amounts received by

8 the United States—

9 (1) from the scrapping of Administra10 tion vessels transferred to the National

11 Defense Reserve Fleet; and

12 (2) in settlement of, or judgment for,

13 damage claims arising from the October

14 9, 1992, collision of the vessel ZACHARY

15 into the National Oceanic and Atmos16 pheric Administration research vessel

17 DISCOVERER,

18 shall be deposited in such Fund. Expenditures

19 from such Fund shall cover the Maritime Ad20 ministration’s costs of laying up and selling

21 the vessels. Any additional moneys in such

22 Fund shall be used by the Administration to

23 make separation payments to commissioned

24 officers of the National Oceanic and Atmos25 pheric Administration.
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1 SEC. 305. TERMINATION OF THE NATIONAL OCEANIC AND

2 ATMOSPHERIC ADMINISTRATION CORPS OF

3 COMMISSIONED OFFICERS.

4 (a) NUMBER OF OFFICERS.—Notwithstand5 ing section 8 of the Act of June 3, 1948 (33

6 U.S.C. 853g), the total number of commis7 sioned officers on the active list of the Na8 tional Oceanic and Atmospheric Administra9 tion shall not exceed 358 for fiscal year 1996

10 and 50 for fiscal year 1997. No commissioned

11 officers are authorized for any fiscal year

12 after fiscal year 1997.

13 (b) SEPARATION PAY.—The Secretary of

14 Commerce may separate commissioned offi15 cers from the active list of the National Oce16 anic and Atmospheric Administration, and

17 may do so without providing separation pay.

18 (c) TRANSFER.—

19 (1) TRANSFER TO ARMED SERVICES.—

20 Subject to the approval of the Secretary

21 of Defense and under terms and condi22 tions specified by the Secretary, commis23 sioned officers subject to subsection (a)

24 may transfer to the armed services under

25 section 716 of title 10, United States Code.
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1 (2) TRANSFER TO COAST GUARD.—Sub2 ject to the approval of the Secretary of

3 Transportation and under terms and con4 ditions specified by the Secretary, com5 missioned officers subject to subsection

6 (a) may transfer to the Coast Guard

7 under section 716 of title 10, United

8 States Code.

9 (3) TRANSFER TO ADMINISTRATION AS

10 MEMBER OF CIVIL SERVICE.—Subject to the

11 approval of the Administrator and under

12 terms and conditions specified by the Ad13 ministrator, commissioned officers sub14 ject to subsection (a) who on the date of

15 enactment of this Act have been assigned

16 for a period of one year or more to the

17 programs transferred to the Administra18 tion by this Act (other than those associ19 ated with the modernization of the Na20 tional Oceanic and Atmospheric Adminis21 tration fleet or the operations of the Na22 tional Oceanic and Atmospheric Adminis23 tration Corps of Commissioned Officers)

24 may transfer to the Administration as

25 members of the civil service.
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1 (d) REPEALS.—

2 (1) IN GENERAL.—The following provi3 sions of law are repealed:

4 (A) The Coast and Geodetic Sur5 vey Commissioned Officers’ Act of

6 1948 (33 U.S.C. 853a–853o, 853p–853u).

7 (B) Section 5 of the Act of Feb8 ruary 16, 1929 (Chapter 221; 45 Stat.

9 1187).

10 (C) The Act of January 19, 1942

11 (Chapter 6; 56 Stat. 6).

12 (D) Section 9 of Public Law 87–

13 649 (76 Stat. 495).

14 (E) Section 16 of the Act of May

15 22, 1917 (Chapter 20; 40 Stat. 87; 33

16 U.S.C. 854 et seq.).

17 (F) The Act of December 3, 1942

18 (Chapter 670; 56 Stat. 1038).

19 (G) Sections 1 through 5 of Public

20 Law 91–621 (84 Stat. 1863; 33 U.S.C.

21 857–1 et seq.).

22 (H) Section 3 of the Act of August

23 10, 1956 (Chapter 1041; 70A Stat. 619;

24 33 U.S.C. 857a).
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1 (I) Section 11 of the Act of May 18,

2 1920 (Chapter 190; 41 Stat. 603; 33

3 U.S.C. 864).

4 (J) The Act of July 22, 1947 (Chap5 ter 286; 61 Stat. 400; 33 U.S.C. 873,

6 874).

7 (K) The Act of August 3, 1956

8 (Chapter 932; 70 Stat. 988; 33 U.S.C.

9 875, 876).

10 (L) All other Acts inconsistent

11 with this subsection.

12 (2) EFFECTIVE DATE.—The effective

13 date of the repeals under paragraph (1)

14 shall be September 30, 1997.

15 (e) UNEXPENDED BALANCES.—Unexpended

16 balances of appropriations, allocations, and

17 other funds available or made available in

18 connection with the National Oceanic and At19 mospheric Administration Corps of Commis20 sioned officers may be used by the Adminis21 trator for payments under section 8 of the Act

22 of June 3, 1948 (33 U.S.C. 853g).

23 (f) ABOLITION.—The Office of the National

24 Oceanic and Atmospheric Administration

25 Corps of Operations and the Commissioned
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1 Personnel Center are abolished effective Sep2 tember 30, 1997.

3 SEC. 306. OTHER TERMINATIONS.

4 The following programs of the National

5 Oceanic and Atmospheric Administration are

6 terminated:

7 (1) The National Oceanic and Atmos8 pheric Administration Fleet Moderniza9 tion Program.

10 (2) The Global Learning and Observa11 tions to Benefit the Environment Pro12 gram.

13 (3) The Sea Grant oyster disease ac14 count.

15 (4) The Sea Grant zebra mussel ac16 count.

17 (5) VENTS.

18 (6) The Charleston, South Carolina

19 Special Management Plan.

20 (7) The Lake Champlain study.

21 (8) The South Carolina cooperative

22 geodetic survey.

23 (9) The Chesapeake Bay data buoys

24 (as of September 30, 1996).

25 (10) Great Lakes nearshore research.
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1 (11) Mussel watch.

2 Any unobligated balances appropriated to

3 carry out any program referred to in this sub4 section shall be transferred to the general

5 fund of the Treasury.

6 SEC. 307. REPEALS.

7 The following are repealed:

8 (1) The National Advisory Committee

9 on Oceans and Atmosphere Act of 1977,

10 Public Law 95–63, 91 Stat. 265 (33 U.S.C.

11 857–13 through 857–18).

12 (2) The Ocean Thermal Conversion

13 Act of 1980 (42 U.S.C. 9101 et seq.).

14 (3) Title IV of the Marine Protection,

15 Research, and Sanctuaries Act of 1972 (16

16 U.S.C. 1447 et seq.).

17 (4) Title V of the Marine Protection,

18 Research, and Sanctuaries Act of 1972 (33

19 U.S.C. 2801 et seq.).

20 (5) The Great Lakes Shoreline Map21 ping Act of 1987 (33 U.S.C. 883a note).

22 (6) The Great Lakes Fish and Wildlife

23 Tissue Bank Act (16 U.S.C. 943 et seq.).
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1 (7) The Nonindigenous Aquatic Nui2 sance Prevention and Control Act of 1990

3 (16 U.S.C. 4701 et seq.).

4 (8) Section 3 of the Sea Grant Pro5 gram Improvement Act of 1976 (33 U.S.C.

6 1124a).

7 (9) Section 305 of the Coastal Zone

8 Management Act of 1972 (16 U.S.C. 1454)

9 is repealed effective October 1, 1998.

10 (10) The NOAA Fleet Modernization

11 Act (33 U.S.C. 891 et seq.).

12 (11) Public Law 85–342 (72 Stat. 35; 16

13 U.S.C. 778 et seq.), relating to fish re14 search and experimentation.

15 (12) The first section of the Act of Au16 gust 8, 1956 (70 Stat. 1126; 16 U.S.C. 760d),

17 relating to grants for commercial fishing

18 education.

19 (13) Public Law 86–359 (16 U.S.C. 760e

20 et seq.), relating to the study of migratory

21 marine gamefish.

22 (14) The Act of August 15, 1914 (Chap23 ter 253; 38 Stat. 692; 16 U.S.C. 781 et seq.),

24 prohibiting the taking of sponges in the

25 Gulf of Mexico and the Straits of Florida.
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1 SEC. 308. BUDGET PRESENTATION.

2 The Administrator shall develop a revised

3 budget structure that displays the amounts

4 requested under a true program office and ac5 tivity structure. This budget structure shall

6 identify and segregate amounts requested for

7 headquarters and field office components of

8 various activities as well as indicate the

9 amounts intended for external grants or con10 tracts. The Administrator shall develop this

11 budget structure in consultation with the

12 Committee on Appropriations and the Com13 mittee on Resources of the House of Rep14 resentatives, and shall use this revised budget

15 structure in the submission of the fiscal year

16 1997 budget request of the Administrator.

17 SEC. 309. SOUTH FLORIDA COASTAL OCEAN STUDIES.

18 (a) IN GENERAL.—The Administrator may

19 implement an integrated program to study

20 the role of ocean circulation in coastal ocean

21 processes affecting the health of South Flor22 ida’s coastal ecosystems and fisheries, includ23 ing the effects of pollutants on living marine

24 resources.

25 (b) AUTHORIZATION OF APPROPRIATIONS.—

26 There are authorized to be appropriated to
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1 the Administrator to carry out this section

2 $1,350,000 for each of fiscal years 1996 and

3 1997.

4 SEC. 310. OCEAN APPLICATIONS BRANCH.

5 (a) ESTABLISHMENT.—The Secretary of

6 Commerce shall establish and maintain with7 in the Administration a program to be known

8 as the Ocean Application Branch (in this sec9 tion referred to as the ‘‘Branch’’).

10 (b) PURPOSE.—The purpose of the Branch

11 shall be to make meteorological and other

12 weather information developed by the De13 partment of Defense Fleet Numerical Meteor14 ology and Oceanography Center available for

15 private, educational, and government use

16 pursuant to agreement between the Secretary

17 of Defense and the Secretary of Commerce. It

18 shall be the goal of the Secretary of Com19 merce to support the activities of the Ocean

20 Applications Branch through user fees.

21 (c) AUTHORIZATION OF APPROPRIATIONS.—

22 There are authorized to be appropriated up to

23 $450,000 to support the operation of the

24 Branch not supported by user fees.
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1 (d) LIMITATION ON CLOSURE.—The Sec2 retary of Commerce shall not terminate oper3 ation of the Branch, before the Branch fully

4 funds its operations through user fees or fis5 cal year 2000, whichever comes first.

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