I

104TH CONGRESS

1ST SESSION H. R. 1815

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

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

2 Act to increase the efficiency and reduce the ex3 penses of the Signal Corps of the Army, and to

4 transfer the Weather Bureau to the Department of

5 Agriculture’’, approved October 1, 1890 (26 Stat.

6 653);

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

8 Act to define the functions and duties of the Coast

9 and Geodetic Survey, and for other purposes’’, ap10 proved August 6, 1947 (33 U.S.C. 883a et seq.);

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

12 Act to clarify the status and benefits of commis13 sioned officers of the National Oceanic and Atmos14 pheric Administration, and for other purposes’’, ap15 proved December 31, 1970 (33 U.S.C. 857–1 et

16 seq.);

17 (4) ‘‘Administrator’’ means the Administrator

18 of the National Oceanic and Atmospheric Adminis19 tration; and

20 (5) ‘‘Secretary’’ means the Secretary of Com21 merce.
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1 TITLE I—ATMOSPHERIC, WEATH2 ER, AND SATELLITE PRO3 GRAMS

4 SEC. 101. NATIONAL WEATHER SERVICE.

5 (a) OPERATIONS AND RESEARCH.—There are au6 thorized to be appropriated to the Secretary to enable the

7 National Oceanic and Atmospheric Administration to

8 carry out the operations and research duties of the Na9 tional Weather Service, $472,338,000 for fiscal year 1996.

10 Such duties include meteorological, hydrological, and

11 oceanographic public warnings and forecasts, as well as

12 applied research in support of such warnings and fore13 casts.

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

15 be appropriated to the Secretary to enable the National

16 Oceanic and Atmospheric Administration to carry out the

17 public warning and forecast systems duties of the National

18 Weather Service, $79,034,000 for fiscal year 1996. Such

19 duties include the development, acquisition, and imple20 mentation of major public warning and forecast systems.

21 None of the funds authorized under this subsection shall

22 be used for the purposes for which funds are authorized

23 under section 102(b) of the National Oceanic and Atmos24 pheric Administration Authorization Act of 1992 (Public

25 Law 102–567). None of the funds authorized by such sec-
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1 tion 102(b) shall be expended for a particular NEXRAD

2 installation unless—

3 (1) it is identified as a National Weather Serv4 ice NEXRAD installation in the National Implemen5 tation Plan for modernization of the National

6 Weather Service for fiscal year 1995, required under

7 section 703 of the National Oceanic and Atmos8 pheric Administration Authorization Act of 1992

9 (Public Law 102–567); or

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

11 an installation at a particular site.

12 (c) ASOS PROGRAM AUTHORIZATION.—Of the sums

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

14 1996 are authorized to be appropriated to the Secretary,

15 for the acquisition and deployment of—

16 (A) the Automated Surface Observing System

17 and related systems, including multisensor and

18 backup arrays for National Weather Service sites at

19 airports; and

20 (B) Automated Meteorological Observing Sys21 tem and Remote Automated Meteorological Observ22 ing System replacement units,

23 and to cover all associated activities, including program

24 management and operations and maintenance.
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1 (d) AWIPS AUTHORIZATION.—Of the sums author2 ized in subsection (b), there are authorized to be appro3 priated to the Secretary $52,097,000 for fiscal year 1996,

4 to remain available until expended, for—

5 (1) the acquisition and deployment of the Ad6 vanced Weather Interactive Processing System and

7 NOAA Port and associated activities; and

8 (2) associated program management and oper9 ations and maintenance.

10 (e) CONSTRUCTION OF WEATHER FORECAST OF11 FICES.—There are authorized to be appropriated to the

12 Secretary to enable the National Oceanic and Atmospheric

13 Administration to carry out construction, repair, and

14 modification activities relating to new and existing weath15 er forecast offices, $20,628,000 for fiscal year 1996. Such

16 activities include planning, design, and land acquisition re17 lated to such offices.

18 (f) STREAMLINING WEATHER SERVICE MODERNIZA19 TION.—

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

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

22 note) are repealed.

23 (2) CONFORMING AMENDMENTS.—The Weather

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

25 amended—
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1 (A) in section 702, by striking paragraph

2 (3) and redesignating paragraphs (4) through

3 (10) as paragraphs (3) through (9), respec4 tively; and

5 (B) in section 703—

6 (i) by striking ‘‘(a) NATIONAL IMPLE7 MENTATION PLAN.—’’;

8 (ii) by striking paragraph (3) and re9 designating paragraphs (4), (5), and (6) as

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

11 and

12 (iii) by striking subsections (b) and

13 (c).

14 SEC. 102. ATMOSPHERIC RESEARCH.

15 (a) CLIMATE AND AIR QUALITY RESEARCH.—There

16 are authorized to be appropriated to the Secretary to en17 able the National Oceanic and Atmospheric Administra18 tion to carry out its climate and air quality research du19 ties, $86,757,000 for fiscal year 1996. Such duties include

20 interannual and seasonal climate research and long-term

21 climate and air quality research.

22 (b) ATMOSPHERIC PROGRAMS.—There are author23 ized to be appropriated to the Secretary to enable the Na24 tional Oceanic and Atmospheric Administration to carry

25 out its atmospheric research duties, $39,894,000 for fiscal
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1 year 1996. Such duties include research for developing im2 proved prediction capabilities for atmospheric processes,

3 as well as solar-terrestrial research and services.

4 (c) GLOBE AUTHORIZATION.—There are authorized

5 to be appropriated to the Secretary to enable the National

6 Oceanic and Atmospheric Administration to carry out the

7 Global Learning and Observations to Benefit the Environ8 ment program, $7,000,000 for fiscal year 1996.

9 SEC. 103. NATIONAL ENVIRONMENTAL SATELLITE, DATA,

10 AND INFORMATION SERVICE.

11 (a) SATELLITE OBSERVING SYSTEMS.—There are

12 authorized to be appropriated to the Secretary to enable

13 the National Oceanic and Atmospheric Administration to

14 carry out its satellite observing systems duties,

15 $323,906,000 for fiscal year 1996, to remain available

16 until expended. None of the funds authorized under this

17 subsection shall be used for the purposes for which funds

18 are authorized under section 105(d) of the National Oce19 anic and Atmospheric Administration Authorization Act

20 of 1992 (Public Law 102–567). Such duties include space21 craft procurement, launch, and associated ground station

22 systems involving polar orbiting and geostationary envi23 ronmental satellites, as well as the operation of such sat24 ellites. None of the funds authorized under this subsection

25 shall be used for the purposes for which funds are author-
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1 ized under section 105(d) of the National Oceanic and At2 mospheric Administration Authorization Act of 1992

3 (Public Law 102–567).

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

5 authorized in subsection (a), there are authorized to be

6 appropriated to the Secretary $188,883,000 for fiscal year

7 1996, to remain available until expended, for the procure8 ment of Polar Orbiting Environmental Satellites K, L, M,

N, and N1 9 , and the procurement of the launching and sup10 porting ground systems of such satellites.

11 (c) GEOSTATIONARY OPERATIONAL ENVIRONMENTAL

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

13 there are authorized to be appropriated to the Adminis14 trator $46,300,000 for fiscal year 1996, to remain avail15 able until expended—

16 (1) to procure up to three additional Geo17 stationary Operational Environmental NEXT Sat18 ellites (GOES I–M clones) and instruments; and

19 (2) for contracts, and amendments or modifica20 tions of contracts, with the developer of previous

21 GOES-NEXT satellites for the acquisition of the ad22 ditional satellites and instruments described in para23 graph (1).

24 (d) ENVIRONMENTAL DATA AND INFORMATION

25 SERVICES.—There are authorized to be appropriated to
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1 the Secretary to enable the National Oceanic and Atmos2 pheric Administration to carry out its environmental data

3 and information services duties, $31,207,000 for fiscal

4 year 1996. Such duties include climate data services, geo5 physical data services, and environmental assessment and

6 information services.

7 (e) NATIONAL POLAR-ORBITING OPERATIONAL EN8 VIRONMENTAL SATELLITE SYSTEM PROGRAM AUTHOR9 IZATION.—Of the sums authorized in subsection (a), there

10 are authorized to be appropriated to the Secretary, for fis11 cal year 1996, $39,500,000, to remain available until ex12 pended, for the procurement of the National Polar13 Orbiting Operational Environmental Satellite System, and

14 the procurement of the launching and supporting ground

15 systems of such satellites.

16 TITLE II—MARINE RESEARCH

17 SEC. 201. NATIONAL OCEAN SERVICE.

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

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

20 Oceanic and Atmospheric Administration to carry out

21 mapping and charting activities under the Act of 1947 and

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

23 (b) GEODESY.—There are authorized to be appro24 priated to the Secretary, to enable the National Oceanic

25 and Atmospheric Administration to carry out geodesy ac-
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1 tivities under the Act of 1947 and any other law involving

2 those activities, $19,927,000 for fiscal year 1996.

3 (c) OBSERVATION AND PREDICTION.—

4 (1) IN GENERAL.—There are authorized to be

5 appropriated to the Secretary, to enable the Na6 tional Oceanic and Atmospheric Administration to

7 carry out observation and prediction activities under

8 the Act of 1947 and any other law involving those

9 activities, $11,279,000 for fiscal year 1996.

10 (2) CIRCULATORY SURVEY PROGRAM.—In addi11 tion to amounts authorized under paragraph (1),

12 there are authorized to be appropriated to the Sec13 retary, to enable the National Oceanic and Atmos14 pheric Administration to carry out the Circulatory

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

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

17 to amounts authorized under paragraph (1), there

18 are authorized to be appropriated to the Secretary,

19 to enable the National Oceanic and Atmospheric Ad20 ministration to carry out ocean and earth science ac21 tivities, $4,231,000 for fiscal year 1996.

22 (d) ESTUARINE AND COASTAL ASSESSMENT.—

23 (1) IN GENERAL.—There are authorized to be

24 appropriated to the Secretary, to enable the Na25 tional Oceanic and Atmospheric Administration to
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1 support estuarine and coastal assessment activities

2 under the Act of 1947 and any other law involving

3 those activities, $1,171,000 for fiscal year 1996.

4 (2) OCEAN ASSESSMENT.—In addition to

5 amounts authorized under paragraph (1), there are

6 authorized to be appropriated to the Secretary, to

7 enable the National Oceanic and Atmospheric Ad8 ministration to carry out the National Status and

9 Trends Program, the Strategic Environmental As10 sessment Program, and the Hazardous Materials

11 Response Program, $8,401,000 for fiscal year 1996.

12 (3) DAMAGE ASSESSMENT PROGRAM.—In addi13 tion to amounts authorized under paragraph (1),

14 there are authorized to be appropriated to the Sec15 retary, to enable the National Oceanic and Atmos16 pheric Administration to carry out the Damage As17 sessment Program, $585,000 for fiscal year 1996.

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

19 amounts authorized under paragraph (1), there are

20 authorized to be appropriated to the Secretary, to

21 enable the National Oceanic and Atmospheric Ad22 ministration to carry out the Coastal Ocean Pro23 gram, $9,158,000 for fiscal year 1996.
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1 SEC. 202. OCEAN AND GREAT LAKES RESEARCH.

2 (a) MARINE PREDICTION RESEARCH.—There are au3 thorized to be appropriated to the Secretary, to enable the

4 National Oceanic and Atmospheric Administration to

5 carry out marine prediction research activities under the

6 Act of 1947, the Act of 1890, and any other law involving

7 those activities, $13,763,000 for fiscal year 1996.

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

9 Section 212(a) of the National Sea Grant College Pro10 gram Act (33 U.S.C. 1131(a)) is amended to read as fol11 lows:

12 ‘‘(a) GRANTS AND CONTRACTS; FELLOWSHIPS.—

13 There are authorized to be appropriated to carry out sec14 tions 205 and 208, $34,500,000 for fiscal year 1996.’’.

15 (2) Section 212(b) of the National Sea Grant College

16 Program Act (33 U.S.C. 1131(b)) is amended by striking

17 ‘‘an amount’’ and all that follows through ‘‘not to exceed

18 $2,900,000’’ and inserting in lieu thereof ‘‘$1,500,000 for

19 fiscal year 1996’’.

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

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

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

23 administration)’’ and inserting in lieu thereof ‘‘field or dis24 cipline involving scientific research’’.
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1 TITLE III—PROGRAM SUPPORT

2 SEC. 301. PROGRAM SUPPORT.

3 (a) EXECUTIVE DIRECTION AND ADMINISTRATIVE

4 ACTIVITIES.—There are authorized to be appropriated to

5 the Secretary, to enable the National Oceanic and Atmos6 pheric Administration to carry out executive direction and

7 administrative activities under the Act of 1970 and any

8 other law involving those activities, $20,632,000 for fiscal

9 year 1996.

10 (b) CENTRAL ADMINISTRATIVE SUPPORT.—There

11 are authorized to be appropriated to the Secretary, to en12 able the National Oceanic and Atmospheric Administra13 tion to carry out central administrative support activities

14 under the Act of 1970 and any other law involving those

15 activities, $30,000,000 for fiscal year 1996.

16 (c) RETIRED PAY.—There are authorized to be ap17 propriated to the Secretary, for retired pay for retired

18 commissioned officers of the National Oceanic and Atmos19 pheric Administration under the Act of 1970, $7,706,000

20 for fiscal year 1996.

21 (d) MARINE SERVICES.—

22 (1) CONTRACTING AUTHORITY.—Notwithstand23 ing any other provision of law, the Secretary is au24 thorized to enter into contracts for data or days-at25 sea to fulfill the National Oceanic and Atmospheric
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1 Administration missions of marine research, climate

2 research, fisheries research, and mapping and chart3 ing services.

4 (2) UNOLS VESSEL AGREEMENTS.—In fulfill5 ing the National Oceanic and Atmospheric Adminis6 tration mission requirements described in paragraph

7 (1), the Secretary shall use excess capacity of Uni8 versity-National Oceanographic Laboratory System

9 vessels where appropriate, and may enter into

10 memoranda of agreement with operators of those

11 vessels to carry out those mission requirements.

12 (3) AUTHORIZATION OF APPROPRIATIONS.—

13 There are authorized to be appropriated to the Sec14 retary, to enable the National Oceanic and Atmos15 pheric Administration to carry out marine services

16 activities, including activities described in para17 graphs (1) and (2), $60,689,000 for fiscal year

18 1996.

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

20 appropriated to the Secretary, to enable the National Oce21 anic and Atmospheric Administration to carry out aircraft

22 services activities (including aircraft operations, mainte23 nance, and support) under the Act of 1970 and any other

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

25 1996.
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1 (f) FACILITIES REPAIRS AND RENOVATIONS.—There

2 are authorized to be appropriated to the Secretary, to en3 able the National Oceanic and Atmospheric Administra4 tion to carry out facilities repairs and renovations,

5 $7,374,000 for fiscal year 1996.

6 TITLE IV—STREAMLINING OF

7 OPERATIONS

8 SEC. 401. PROGRAM TERMINATIONS.

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

10 for the following programs and accounts:

11 (1) The National Undersea Research Program.

12 (2) The Fleet Modernization, Shipbuilding, and

13 Construction Account.

14 (3) The Charleston, South Carolina, Special

15 Management Plan.

16 (4) Chesapeake Bay Observation Buoys.

17 (5) Federal/State Weather Modernization

18 Grants.

19 (6) The Southeast Storm Research Account.

20 (7) The Southeast United States Caribbean

21 Fisheries Oceanographic Coordinated Investigations

22 Program.

23 (8) National Institute for Environmental Re24 newal.

25 (9) The Lake Champlain Study.
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1 (10) The Maine Marine Research Center.

2 (11) The South Carolina Cooperative Geodetic

3 Survey Account.

4 (12) Pacific Island Technical Assistance.

5 (13) Sea Grant/Oyster Disease Account.

6 (14) National Coastal Research and Develop7 ment Institute Account.

8 (15) VENTS program.

9 (16) National Weather Service Agriculture and

10 Fruit Frost Program.

11 (17) National Weather Service Fire Weather

12 Service.

13 (18) National Weather Service Regional Cli14 mate Centers.

15 (19) National Weather Service Samoa Weather

16 Forecast Office Repair and Upgrade Account.

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

18 of the enactment of this Act, the Secretary shall submit

19 to the Committee on Science of the House of Representa20 tives and the Committee on Commerce, Science, and

21 Transportation of the Senate a report certifying that all

22 the programs listed in subsection (a) will be terminated

23 no later than September 30, 1995.

24 (c) REPEAL OF SEA GRANT PROGRAMS.—
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1 (1) REPEALS.—(A) Section 208(b) of the Na2 tional Sea Grant College Program Act (33 U.S.C.

3 1127(b)) is repealed.

4 (B) Section 3 of the Sea Grant Program Im5 provement Act of 1976 (33 U.S.C. 1124a) is re6 pealed.

7 (2) CONFORMING AMENDMENT.—Section

8 209(b)(1) of the National Sea Grant College Pro9 gram Act (33 U.S.C. 1128(b)(1)) is amended by

10 striking ‘‘and section 3 of the Sea Grant Improve11 ment Act of 1976’’.

12 (d) ADDITIONAL REPEAL.—The NOAA Fleet Mod13 ernization Act (33 U.S.C. 851 note) is repealed.

14 SEC. 402. LIMITATION ON APPROPRIATIONS.

15 (a) SUBSEQUENT FISCAL YEARS.—Notwithstanding

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

17 appropriated for any fiscal year after fiscal year 1996 for

18 carrying out the programs for which funds are authorized

19 by this Act.

20 (b) FISCAL YEAR 1996.—No more than

21 $1,692,470,000 is authorized to be appropriated to the

22 Secretary for fiscal year 1996, by this Act or any other

23 Act, to enable the National Oceanic and Atmospheric Ad24 ministration to carry out all activities associated with Op25 erations, Research, and Facilities.
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1 (c) REDUCTION IN TRAVEL BUDGET.—Of the sums

2 appropriated under this Act for Operations, Research, and

3 Facilities, no more than $20,000,000 may be used for re4 imbursement of travel and related expenses for National

5 Oceanic and Atmospheric Administration personnel.

6 SEC. 403. REDUCTION IN THE COMMISSIONED OFFICER

7 CORPS.

8 (a) MAXIMUM NUMBER.—The total number of com9 missioned officers on the active list of the National Oce10 anic and Atmospheric Administration shall not exceed—

11 (1) 369 for fiscal year 1996;

12 (2) 100 for fiscal year 1997; and

13 (3) 50 for fiscal year 1998.

14 No such commissioned officers are authorized for any fis15 cal year after fiscal year 1998.

16 (b) SEPARATION PAY.—The Secretary may make

17 separations required pursuant to subsection (a) without

18 providing separation pay.

19 TITLE V—MISCELLANEOUS

20 SEC. 501. WEATHER DATA BUOYS.

21 (a) PROHIBITION.—It shall be unlawful for any unau22 thorized person to remove, change the location of, ob23 struct, willfully damage, make fast to, or interfere with

24 any weather data buoy established, installed, operated, or

25 maintained by the National Data Buoy Center.
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1 (b) CIVIL PENALTIES.—The Administrator is author2 ized to assess a civil penalty against any person who vio3 lates any provision of this section in an amount of not

4 more than $10,000 for each violation. Each day during

5 which such violation continues shall be considered a new

6 offense. Such penalties shall be assessed after notice and

7 opportunity for a hearing.

8 (c) REWARDS.—The Administrator may offer and

9 pay rewards for the apprehension and conviction, or for

10 information helpful therein, of persons found interfering,

11 in violation of law, with data buoys maintained by the Na12 tional Data Buoy Center; or for information leading to

13 the discovery of missing National Weather Service prop14 erty or the recovery thereof.

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

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

17 enhance the national economy, the Secretary, through the

18 National Weather Service, except as outlined in subsection

19 (b), shall be responsible for—

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

21 source of weather warnings;

22 (2) the issue of storm warnings;

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

24 meteorological, hydrological, climatic, and oceano25 graphic data and information; and
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1 (4) the preparation of hydrometeorological guid2 ance and core forecast information.

3 (b) COMPETITION WITH PRIVATE SECTOR.—The

4 National Weather Service shall not compete, or assist

5 other entities to compete, with the private sector when a

6 service is currently provided or can be provided by com7 mercial enterprise, unless—

8 (1) the Secretary finds that the private sector

9 is unwilling or unable to provide the services; and

10 (2) the service provides vital weather warnings

11 and forecasts for the protection of lives and property

12 of the general public.

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

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

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

16 after ‘‘Department of Commerce’’ and inserting in

17 lieu thereof a period.

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

19 of the enactment of this Act, the Secretary shall submit

20 to the Committee on Science of the House of Representa21 tives and the Committee on Commerce, Science, and

22 Transportation of the Senate a report detailing all Na23 tional Weather Service activities which do not conform to

24 the requirements of this section and outlining a timetable

25 for their termination.
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1 SEC. 503. REIMBURSEMENT OF EXPENSES.

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

3 and (c) of title 31, United States Code, and subject to

4 subsection (b) of this section, all amounts received by the

5 United States in settlement of, or judgment for, damage

6 claims arising from the October 9, 1992, allision of the

7 vessel ZACHERY into the National Oceanic and Atmos8 pheric Administration research vessel DISCOVERER—

9 (1) shall be retained as an offsetting collection

10 in the Marine Services account of the National Oce11 anic and Atmospheric Administration;

12 (2) shall be deposited in that account upon re13 ceipt by the United States Government; and

14 (3) shall be available only for obligation for Na15 tional Oceanic and Atmospheric Administration ves16 sel repairs.

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

18 amounts referred to in subsection (a) may be deposited

19 into the Marine Services account pursuant to subsection

20 (a).

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