Union Calendar No. 345

103D CONGRESS

2D SESSION H. R. 4008

[Report No. 103–583, Parts I and II]

A BILL

To authorize appropriations for the National Oceyears 1994 and 1995, and for other purposes. anic and Atmospheric Administration for fiscal

JULY 29, 1994

Reported from the Committee on Science, Space, and

Union, and ordered to be printedCommittee of the Whole House on the State of theTechnology with an amendment, committed to the
IB

Union Calendar No. 345

103D CONGRESS

2D SESSION H. R. 4008

[Report No. 103–583, Parts I and II]

To authorize appropriations for the National Oceanic and Atmospheric

Administration for fiscal years 1994 and 1995, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 10, 1994

Mr. ORTIZ (for himself, Mr. WELDON, Mr. STUDDS, Mr. FIELDS of Texas,

Mr. LIPINSKI, Mr. MANTON and Mr. YOUNG of Alaska) introduced the

following bill; which was referred to the Committee on Merchant Marine

and Fisheries

JULY 8, 1994

Reported with an amendment and referred to the Committee on Science,

Space, and Technology for a period ending not later than July 29, 1994,

for consideration of such provisions contained in the bill and amendment

as fall within the jurisdiction of the committee pursuant to clause 1(r),

rule X

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

JULY 29, 1994

Additional sponsor: Mr. SAXTON

JULY 29, 1994

Reported from the Committee on Science, Space, and Technology with an

amendment, committed to the Committee of the Whole House on the

State of the Union, and ordered to be printed

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

[For text of introduced bill, see copy of bill as introduced on March 10, 1994]
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A BILL

To authorize appropriations for the National Oceanic and

Atmospheric Administration for fiscal years 1994 and

1995, 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 1994’’.

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.); and

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 TITLE I—NOAA OCEAN AND

2 COASTAL PROGRAMS

3 SEC. 101. NATIONAL OCEAN SERVICE.

4 (a) MAPPING AND CHARTING.—

5 (1) IN GENERAL.—There are authorized to be ap6 propriated to the Secretary of Commerce, to enable

7 the National Oceanic and Atmospheric Administra8 tion to carry out mapping and charting activities

9 under the Act of 1947 and any other law involving

10 those activities, $29,005,000 for fiscal year 1995 and

11 $30,049,000 for fiscal year 1996.

12 (2) AUTOMATED NAUTICAL CHARTING.—In addi13 tion to amounts authorized under paragraph (1),

14 there are authorized to be appropriated to the Sec15 retary of Commerce, to enable the National Oceanic

16 and Atmospheric Administration to develop and im17 plement an automated nautical charting system,

18 $1,300,000 for fiscal year 1995 and $1,347,000 for

19 fiscal year 1996.

20 (b) GEODESY.—There are authorized to be appro21 priated to the Secretary of Commerce, to enable the Na22 tional Oceanic and Atmospheric Administration to carry

23 out geodesy activities under the Act of 1947 and any other

24 law involving those activities, $19,332,000 for fiscal year

25 1995 and $20,028,000 for fiscal year 1996.
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1 (c) OBSERVATION AND PREDICTION.—

2 (1) IN GENERAL.—There are authorized to be ap3 propriated to the Secretary of Commerce, to enable

4 the National Oceanic and Atmospheric Administra5 tion to carry out observation and prediction activities

6 under the Act of 1947 and any other law involving

7 those activities, $12,429,000 for fiscal year 1995 and

8 $12,876,000 for fiscal year 1996.

9 (2) CIRCULATORY SURVEY PROGRAM.—In addi10 tion to amounts authorized under paragraph (1),

11 there are authorized to be appropriated to the Sec12 retary of Commerce, to enable the National Oceanic

13 and Atmospheric Administration to carry out the

14 Circulatory Survey Program, $700,000 for fiscal year

15 1995 and $725,000 for fiscal year 1996.

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

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

18 authorized to be appropriated to the Secretary of

19 Commerce, to enable the National Oceanic and At20 mospheric Administration to carry out ocean and

21 earth science activities, $4,442,000 for fiscal year

22 1995 and $4,602,000 for fiscal year 1996.

23 (4) CENTER FOR OCEAN ANALYSIS AND PRE24 DICTION.—In addition to amounts authorized under

25 paragraph (1), there are authorized to be appro-
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1 priated to the Secretary of Commerce, to enable the

2 National Oceanic and Atmospheric Administration to

3 continue the activities of the Center for Ocean Analy4 sis and Prediction, $400,000 for fiscal year 1995 and

5 $414,000 for fiscal year 1996.

6 (5) OBSERVATION BUOYS.—In addition to

7 amounts authorized under paragraph (1), there are

8 authorized to be appropriated to the Secretary of

9 Commerce, to enable the National Oceanic and At10 mospheric Administration to operate and maintain

11 observation buoys in the Chesapeake Bay, $400,000

12 for fiscal year 1995 and $414,000 for fiscal year

13 1996.

14 (d) ESTUARINE AND COASTAL ASSESSMENT.—

15 (1) IN GENERAL.—There are authorized to be ap16 propriated to the Secretary of Commerce, to enable

17 the National Oceanic and Atmospheric Administra18 tion to support estuarine and coastal assessment ac19 tivities under the Act of 1947 and any other law in20 volving those activities, $2,420,000 for fiscal year

21 1995 and $2,507,000 for fiscal year 1996.

22 (2) OCEAN ASSESSMENT.—In addition to

23 amounts authorized under paragraph (1), there are

24 authorized to be appropriated to the Secretary of

25 Commerce, to enable the National Oceanic and At-
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1 mospheric Administration to carry out the National

2 Status and Trends Program, the Strategic Environ3 mental Assessment Program, and the Hazardous Ma4 terials Response Program, $18,945,000 for fiscal year

5 1995 and $19,627,000 for fiscal year 1996.

6 (3) DAMAGE ASSESSMENT PROGRAM.—In addi7 tion to amounts authorized under paragraph (1),

8 there are authorized to be appropriated to the Sec9 retary of Commerce, to enable the National Oceanic

10 and Atmospheric Administration to carry out the

11 Damage Assessment Program, $1,500,000 for fiscal

12 year 1995 and $1,554,000 for fiscal year 1996.

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

14 amounts authorized under paragraph (1), there are

15 authorized to be appropriated to the Secretary of

16 Commerce to, enable the National Oceanic and At17 mospheric Administration to carry out the Coastal

18 Ocean Program, $11,433,000 for fiscal year 1995 and

19 $11,845,000 for fiscal year 1996. Of the amounts au20 thorized under this paragraph for fiscal years 1995

21 and 1996, a total of $120,000 is available until ex22 pended to study the use of oceanographic data ob23 tained from satellite imagery and other sources to de24 termine and predict the presence of endangered sea

25 turtles in the Gulf of Mexico.
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1 (e) OCEAN MANAGEMENT.—There are authorized to be

2 appropriated to the Secretary of Commerce, to enable the

3 National Oceanic and Atmospheric Administration to carry

4 out deep ocean mineral and ocean energy activities,

5 $500,000 for each of fiscal years 1995 and 1996.

6 SEC. 102. OCEAN AND GREAT LAKES RESEARCH.

7 (a) MARINE PREDICTION RESEARCH.—

8 (1) IN GENERAL.—There are authorized to be ap9 propriated to the Secretary of Commerce, to enable

10 the National Oceanic and Atmospheric Administra11 tion to carry out marine prediction research activities

12 under the Act of 1947, the Act of 1890, and any other

13 law involving those activities, $10,000,000 for fiscal

14 year 1995 and $10,360,000 for fiscal year 1996.

15 (2) GREAT LAKES ENVIRONMENTAL RESEARCH

16 LABORATORY.—

17 (A) IN GENERAL.—There are authorized to

18 be appropriated to the Secretary of Commerce,

19 for the operation and maintenance of the Great

20 Lakes Environmental Research Laboratory,

21 $4,558,000 for fiscal year 1995 and $4,722,000

22 for fiscal year 1996.

23 (B) GREAT LAKES NEARSHORE RE24 SEARCH.—There are authorized to be appro25 priated to the Secretary of Commerce, to enable
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1 the National Oceanic and Atmospheric Adminis2 tration to carry out nearshore research activities

3 of the Great Lakes Environmental Research Lab4 oratory, $500,000 for each of fiscal years 1995

5 and 1996.

6 (C) ZEBRA MUSSEL RESEARCH.—In addi7 tion to amounts authorized under subparagraph

8 (A), there are authorized to be appropriated to

9 the Secretary of Commerce, to enable the Na10 tional Oceanic and Atmospheric Administration

11 to carry out zebra mussel research activities of

12 the Great Lakes Environmental Research Lab13 oratory under the Nonindigenous Aquatic Nui14 sance Prevention and Control Act of 1990 (16

15 U.S.C. 4701 et seq.), $911,000 for fiscal year

16 1995 and $1,125,000 for fiscal year 1996.

17 (3) SOUTHEAST FLORIDA AND CARIBBEAN RE18 CRUITMENT PROGRAM.—In addition to amounts au19 thorized under paragraph (1), there are authorized to

20 be appropriated to the Secretary of Commerce a total

21 of $2,000,000 for fiscal years 1995 and 1996 to enable

22 the National Oceanic and Atmospheric Administra23 tion to carry out, through the Cooperative Institute

24 for Marine and Atmospheric Studies, collaborative in-
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1 vestigations to examine the physical and biological

2 processes which—

3 (A) occur in tropical marine environments

4 in coastal waters of the United States, Florida,

5 and the Caribbean; and

6 (B) impact variability and development of

7 fisheries resources.

8 (b) NATIONAL UNDERSEA RESEARCH PROGRAM—

9 There are authorized to be appropriated to the Secretary

10 of Commerce, to enable the National Oceanic and Atmos11 pheric Administration to carry out undersea research ac12 tivities under the National Undersea Research Program es13 tablished by section 411, $22,100,000 for fiscal year 1995

14 and $24,200,000 for fiscal year 1996, of which $1,250,000

15 shall be available each fiscal year for implementing section

16 411(c).

17 (c) CLIMATE AND GLOBAL CHANGE RESEARCH.—

18 (1) IN GENERAL.—There are authorized to be ap19 propriated to the Secretary of Commerce, to enable

20 the National Oceanic and Atmospheric Administra21 tion to carry out climate and global change research

22 activities, $84,012,000 for fiscal year 1995 and

23 $87,036,000 for fiscal year 1996. Of sums appro24 priated under this subsection, sufficient funds should

25 be made available by the Secretary of Commerce to
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1 initiate and support research on the effects of climate

2 and global change on the Nation’s major freshwater

3 systems, including the Great Lakes and the Mis4 sissippi River.

5 (2) ENVIRONMENTAL OBSERVATIONS.—In addi6 tion to the amounts authorized to be appropriated

7 under paragraph (1), there is authorized to be appro8 priated to the Secretary of Commerce $7,000,000 for

9 each of fiscal years 1995 and 1996 for a program to

10 increase scientific understanding of the earth by using

11 a network of schools to collect environmental observa12 tions.

13 TITLE II—NOAA MARINE

14 FISHERY PROGRAMS

15 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

16 The National Oceanic and Atmospheric Administra17 tion Marine Fisheries Program Authorization Act (Public

18 Law 98–210; 97 Stat. 1409) is amended—

19 (1) in section 2(a) by—

20 (A) striking ‘‘1992 and’’ and inserting

21 ‘‘1992,’’; and

22 (B) inserting after ‘‘1993’’ the following: ‘‘,

23 $51,092,000 for fiscal year 1995, and

24 $52,931,000 for fiscal year 1996’’;

25 (2) in section 3(a) by—
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1 (A) striking ‘‘1992 and’’ and inserting

2 ‘‘1992,’’; and

3 (B) inserting after ‘‘1993’’ the following: ‘‘,

4 $14,198,000 for fiscal year 1995, and

5 $14,709,000 for fiscal year 1996’’; and

6 (3) in section 4(a) by—

7 (A) striking ‘‘1992 and’’ and inserting

8 ‘‘1992,’’; and

9 (B) inserting after ‘‘1993’’ the following: ‘‘,

10 $17,089,000 for fiscal year 1995, and

11 $17,704,000 for fiscal year 1996’’.

12 SEC. 202. AMENDMENTS TO THE MERCHANT MARINE ACT,

13 1936.

14 Section 1104A(b)(2) of the Merchant Marine Act, 1936

15 (46 App. U.S.C. 1274(b)(2)), is amended in the third pro16 viso by striking ‘‘, except that no debt may be placed under

17 this proviso through the Federal Financing Bank’’.

18 SEC. 203. SCALLOP RESTORATION PROGRAM.

19 There are authorized to be appropriated to the Sec20 retary of Commerce $200,000 for each of fiscal years 1995

21 and 1996, for the establishment and maintenance of a scal22 lop restoration program for Long Island Sound.
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1 SEC. 204. SALTONSTALL-KENNEDY PROGRAM AMEND2 MENTS.

3 (a) IN GENERAL.—Section 2 of the Act of August 11,

4 1939 (15 U.S.C. 713c–3), popularly known as the

5 ‘‘Saltonstall-Kennedy Act’’, is amended—

6 (1) in subsection (b)(1) by—

7 (A) striking subparagraph (B);

8 (B) striking ‘‘only for—’’ and all that fol9 lows through ‘‘the Secretary—’’ and inserting

10 ‘‘only for use by the Secretary—’’;

11 (C) redesignating clauses (i), (ii), and (iii)

12 in order as subparagraphs (A), (B), and (C);

13 and

14 (D) moving subparagraphs (A), (B), and

15 (C), as redesignated by subparagraph (C) of this

16 paragraph, 2 ems to the left so that the left mar17 gin of those subparagraphs is aligned with the

18 left margin of section 2(a)(5) of that Act (15

19 U.S.C. 713c–3(a)(5)); and

20 (2) by striking the heading for subsection (c) and

21 all that follows through paragraph (4) of that sub22 section, and inserting the following:

23 ‘‘(c) FISHERIES RESEARCH AND DEVELOPMENT

24 PROJECTS.—

25 ‘‘(1) IN GENERAL.—The Secretary shall make

26 grants from the fund established under subsection (b)
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1 for the purpose of assisting persons in carrying out

2 research and development projects to promote the sus3 tainable use and development of United States fish4 eries, including harvesting, processing, aquaculture,

5 marketing, and associated infrastructures.

6 ‘‘(2) SECRETARY’S DUTIES.—The Secretary shall

7 each fiscal year—

8 ‘‘(A) receive at least once, during a 60-day

9 period specified by the Secretary, applications

10 for grants under this subsection pursuant to a

11 Request for Proposals published in the Federal

12 Register;

13 ‘‘(B) prescribe in that Request for Proposals

14 the form and manner in which applications for

15 grants under this subsection must be made, in16 cluding the specification of the information

17 which must accompany applications to ensure

18 that the proposed projects comply with Federal

19 law and can be properly evaluated under para20 graph (3);

21 ‘‘(C) include in that Request for Proposals

22 a list of priorities for grants under this sub23 section that is based on the priorities rec24 ommended for the fiscal year under paragraph

25 (3)(F); and
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1 ‘‘(D) approve or disapprove each such ap2 plication—

3 ‘‘(i) based primarily on the rec4 ommendations of the grants review panel es5 tablished under paragraph (3) for the fiscal

6 year; and

7 ‘‘(ii) before the end of the 90-day pe8 riod beginning on the day after the last day

9 of the application period specified in the

10 Request for Proposals under subparagraph

11 (A); and

12 ‘‘(E) to the extent amounts are available,

13 obligate funds for grants for approved applica14 tions before the end of the fiscal year for which

15 the funds are available, except that up to 10 per16 cent of funds available for a fiscal year may be

17 obligated in the next fiscal year.

18 ‘‘(3) EVALUATION AND APPROVAL OF PROPOS19 ALS.—

20 ‘‘(A) SUITABILITY FOR EVALUATION.—For

21 each application received under paragraph (2)

22 in a fiscal year, the Secretary shall—

23 ‘‘(i) make a determination whether the

24 project proposed in the application meets

25 the requirements of this subsection and is
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1 consistent with the priorities recommended

2 for the fiscal year under subparagraph (F);

3 and

4 ‘‘(ii) if so, forward the proposal to the

5 grants review panel established for the fiscal

6 year under subparagraph (B).

7 ‘‘(B) GRANTS REVIEW PANEL.—Each fiscal

8 year, the Secretary shall establish a grants re9 view panel that consists of individuals with ex10 pertise in fisheries research, development, or

11 management, that represents a balance among

12 those disciplines, that is balanced in the rep13 resentation of those disciplines, and that is bal14 anced in the representation of the geographic re15 gions of the United States. Each grants review

16 panel shall review each proposal forwarded by

17 the Secretary under subparagraph (A)(ii) and

18 make recommendations to the Secretary for

19 awarding grants under this subsection among

20 those proposals for the fiscal year, subject to the

21 criteria described in subparagraph (C) and con22 sistent with the funding available for the fiscal

23 year.
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1 ‘‘(C) CRITERIA FOR EVALUATION OF PRO2 POSALS.—Each grants review panel shall evalu3 ate each proposal as to—

4 ‘‘(i) the value of the proposal in pro5 moting the purpose described in paragraph

6 (1) in general and in fulfilling the applica7 ble regional priorities recommended under

8 subparagraph (F);

9 ‘‘(ii) the soundness of its design (in10 cluding the likelihood of securing useful re11 sults, and the organization and manage12 ment of the proposal);

13 ‘‘(iii) the minimization of duplication

14 within fisheries research and development

15 activities; and

16 ‘‘(iv) based on the criteria in clauses

17 (i), (ii) and (iii), the overall quality and

18 rank of the proposal relative to the other

19 proposals under review.

20 ‘‘(D) INDUSTRIAL PARTNERS.—In evaluat21 ing and ranking proposals under this subsection

22 that are of equivalent overall quality and rank

23 based on the criteria set forth in subparagraph

24 (C), a grants review panel and the Secretary

25 shall give preference to proposals in which at
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1 least 1 of the persons that would be a principal

2 grantee under the proposal receives a substantial

3 portion of income from seafood harvesting, proc4 essing, marketing, or propagation.

5 ‘‘(E) NOTICE OF DECISION BY THE SEC6 RETARY.—If the Secretary approves or dis7 approves an application for a proposal contrary

8 to the recommendations of a grants review panel,

9 the Secretary shall notify the panel, the Commit10 tee on Merchant Marine and Fisheries of the

11 House of Representatives and the Committee on

12 Commerce, Science, and Transportation of the

13 Senate in writing of that decision, including the

14 reasons for that decision.

15 ‘‘(F) RECOMMENDATIONS FOR FUTURE

16 FUNDING PRIORITIES.—Each grants review

17 panel shall, after evaluating proposals and mak18 ing grants recommendations, and after consult19 ing with interested parties, recommend to the

20 Secretary for the next fiscal year national and

21 regional priorities for grants under this sub22 section.

23 ‘‘(4) TERMS AND CONDITIONS.—Each grant

24 made under this subsection shall be subject to such

25 terms and conditions as the Secretary may require to
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1 protect the interests of the United States, including

2 the following:

3 ‘‘(A) RECORDS.—The recipient of the

4 grant—

5 ‘‘(i) must keep such records as the Sec6 retary shall require as being necessary and

7 appropriate for disclosing the use made of

8 grant funds; and

9 ‘‘(ii) shall allow the Secretary and the

10 Comptroller General of the United States, or

11 any of their authorized representatives, ac12 cess to such records for purposes of audit

13 and examination.

14 ‘‘(B) AMOUNT OF GRANT.—The amount of a

15 grant may not be less than 50 percent of the esti16 mated cost of the project.

17 ‘‘(C) PERIOD OF GRANT.—A grant may not

18 provide funding for more than 2 years from the

19 date of the release of the funds to the grantee.

20 ‘‘(D) STATUS REPORT.—The recipient of a

21 grant shall submit annually to the Secretary a

22 project status report. The Secretary may not re23 lease funds to the recipient for any subsequent

24 period of funding for that grant or for any other

25 grant to that recipient made by the Secretary
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1 under this subsection until the Secretary receives

2 that report.’’.

3 (b) APPLICATION.—

4 (1) IN GENERAL.—Except as provided in para5 graph (2), the amendments made by this section

6 apply to fiscal years beginning after the date of the

7 enactment of this Act.

8 (2) LIST OF REGIONAL PRIORITIES.—Notwith9 standing section 2(c)(2)(C) of the Act of August 11,

10 1939, as amended by subsection (a)(2) of this section,

11 the list of priorities referred to in that section for the

12 first fiscal year beginning after the date of the enact13 ment of this Act is not required to be based on prior14 ities recommended under paragraph (3)(F) of that

15 section.

16 TITLE III—ADMINISTRATION

17 AND OTHER ACCOUNTS

18 SEC. 301. PROGRAM SUPPORT.

19 (a) EXECUTIVE DIRECTION AND ADMINISTRATIVE AC20 TIVITIES.—There are authorized to be appropriated to the

21 Secretary of Commerce, to enable the National Oceanic and

22 Atmospheric Administration to carry out executive direc23 tion and administrative activities under the Act of 1970

24 and any other law involving those activities, $25,000,000

25 for fiscal year 1995 and $25,900,000 for fiscal year 1996.
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1 (b) SYSTEMS ACQUISITION OFFICE.—There are au2 thorized to be appropriated to the Secretary of Commerce,

3 to enable the National Oceanic and Atmospheric Adminis4 tration to operate and maintain the Systems Acquisition

5 Office under the Act of 1970, $1,100,000 for fiscal year 1995

6 and $1,140,000 for fiscal year 1996.

7 (c) CENTRAL ADMINISTRATIVE SUPPORT.—There are

8 authorized to be appropriated to the Secretary of Commerce,

9 to enable the National Oceanic and Atmospheric Adminis10 tration to carry out central administrative support activi11 ties under the Act of 1970 and any other law involving those

12 activities, $38,000,000 for fiscal year 1995 and $39,368,000

13 for fiscal year 1996.

14 (d) RETIRED PAY.—There are authorized to be appro15 priated to the Secretary of Commerce, for retired pay for

16 retired commissioned officers of the National Oceanic and

17 Atmospheric Administration under the Act of 1970,

18 $7,706,000 for fiscal year 1995 and $7,983,000 for fiscal

19 year 1996.

20 (e) MARINE SERVICES.—There are authorized to be ap21 propriated to the Secretary of Commerce, to enable the Na22 tional Oceanic and Atmospheric Administration to carry

23 out marine services activities (including ship operations,

24 maintenance, and support) under the Act of 1947 and any
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1 other law involving those activities, $63,508,000 for fiscal

2 year 1995 and $65,794,000 for fiscal year 1996.

3 TITLE IV—MISCELLANEOUS

4 NOAA PROGRAMS

5 SEC. 401. NAUTICAL PRODUCTS.

6 (a) DEPOSIT AND USE OF RECEIPTS FROM NAUTICAL

7 PRODUCTS.—Notwithstanding section 1307(b) of title 44,

8 United States Code, one-sixth of the fees collected each fiscal

9 year from the sale of nautical products by the National Oce10 anic and Atmospheric Administration and from any licens11 ing of those products by the National Oceanic and Atmos12 pheric Administration which is authorized by law—

13 (1) shall be deposited into the Operations, Re14 search, and Facilities account of the National Oceanic

15 and Atmospheric Administration; and

16 (2) shall be available to the Secretary of Com17 merce, in the manner provided for under section

18 312(d) of the National Marine Sanctuaries Act, only

19 for the acquisition and installation of Physical Ocean

20 Real-Time Systems, the acquisition and maintenance

21 of upgraded hydrographic survey equipment, and

22 other National Ocean Service activities directly relat23 ed to the modernization and improvement of mari24 time safety.
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1 (b) BUDGETARY TREATMENT OF RECEIPTS FROM NAU2 TICAL PRODUCTS.—Amounts deposited and available to the

3 Secretary of Commerce under subsection (a)(1) and (2)—

4 (1) shall not be considered to be offsetting re5 ceipts of the National Oceanic and Atmospheric Ad6 ministration or the Department of Commerce; and

7 (2) shall not be available for administrative costs

8 of the National Oceanic and Atmospheric Administra9 tion or the Department of Commerce.

10 (c) DEPLOYMENT OF PHYSICAL OCEAN REAL TIME

11 SYSTEM.—No later than 270 days after the date of enact12 ment of this Act, the Secretary of Commerce shall deploy,

13 in Galveston Bay and the Houston Ship Channel a Phys14 ical Ocean Real Time System consisting, at a minimum,

15 of current, wind, tide, salinity, and water level measuring

16 devices and necessary computer links.

17 SEC. 402. USE OF OCEAN RESEARCH RESOURCES OF OTHER

18 FEDERAL AGENCIES.

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

20 (1) Changes in the defense needs of the United

21 States have redefined the status of many defense-relat22 ed assets.

23 (2) Observing, monitoring, and predicting the

24 ocean environment has been a high priority for the

25 defense community to support ocean operations.
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1 (3) Many advances in ocean research have been

2 made by the defense community which could be

3 shared with civilian researchers.

4 (4) The National Oceanic and Atmospheric Ad5 ministration’s missions to describe and predict the

6 ocean environment, manage the Nation’s ocean and

7 coastal resources, and promote stewardship of the

8 world’s oceans would benefit from increased coopera9 tion with defense agencies.

10 (b) SENSE OF CONGRESS.—It is the sense of the Con11 gress that the National Oceanic and Atmospheric Adminis12 tration should expand its efforts to develop interagency

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

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

15 (c) REPORT.—

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

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

18 Commerce shall submit to the Committee on Merchant

19 Marine and Fisheries of the House of Representatives

20 and the Committee on Commerce, Science, and Trans21 portation of the Senate a report on the feasibility of

22 expanding the use of defense-related technologies,

23 data, and other resources to support and enhance the

24 oceanic missions of the National Oceanic and Atmos25 pheric Administration.
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1 (2) CONTENTS.—The report required under

2 paragraph (1) shall include—

3 (A) a detailed listing of defense-related re4 sources currently available to the National Oce5 anic and Atmospheric Administration and the

6 National Ocean and Atmospheric Administra7 tion missions which utilize those resources;

8 (B) detailed findings and recommendations,

9 including funding requirements, on the potential

10 for expanding the use of available defense-related

11 resources;

12 (C) a detailed listing and funding history of

13 the National Oceanic and Atmospheric Adminis14 tration resources, including data and technology,

15 which could be supplemented by defense-related

16 resources;

17 (D) a listing of currently unavailable de18 fense-related resources, including data and tech19 nology, which if made available would enhance

20 the National Oceanic and Atmospheric Adminis21 tration mission performance;

22 (E) recommendations on the regulatory and

23 legislative structures needed to maximize the use

24 of defense-related resources;
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1 (F) an assessment of the respective roles in

2 the use of defense-related resources of the Corps,

3 data centers, operational centers, and research

4 facilities of the National Oceanic and Atmos5 pheric Administration; and

6 (G) recommendations on how to provide ac7 cess to relevant defense-related data for non-Fed8 eral scientific users.

9 SEC. 403. NAUTICAL CHARTING MODERNIZATION AND IM10 PROVEMENT.

11 (a) STUDY.—Not later than 270 days after the date

12 of the enactment of this Act, the Secretary of Commerce

13 shall submit to the Committee on Merchant Marine and

14 Fisheries of the House of Representatives and the Committee

15 on Commerce, Science, and Transportation of the Senate

16 a report on the status of National Oceanic and Atmospheric

17 Administration programs related to marine navigation

18 safety.

19 (b) CONTENTS.—The study under subsection (a) shall

20 include the funding history of navigation-related programs

21 of the National Oceanic and Atmospheric Administration,

22 adjusted for inflation, over at least the last 10 fiscal years,

23 and detailed findings and recommendations on the follow24 ing:
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1 (1) The missions and objectives of the National

2 Oceanic and Atmospheric Administration’s naviga3 tion-related programs, including the statutory or

4 other authorities that enable or require the National

5 Oceanic and Atmospheric Administration to conduct

6 those programs.

7 (2) The technological, financial, or other factors

8 that limit the National Oceanic and Atmospheric Ad9 ministration’s ability to modernize its navigation-re10 lated programs.

11 (3) Near-term actions, without regard to finan12 cial constraints, that are required to enable the Na13 tional Oceanic and Atmospheric Administration to

14 address critical deficiencies in its navigation-related

15 programs.

16 (4) Actions that need to be taken to allow the

17 National Oceanic and Atmospheric Administration to

18 fulfill its navigation-related responsibilities into the

19 21st century.

20 (5) A comparison of the resources and activities

21 of the National Oceanic and Atmospheric Administra22 tion’s navigation-related programs with those of other

23 Federal agencies supporting the United States mari24 time infrastructure.
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1 (6) Past organizational changes within the Na2 tional Oceanic and Atmospheric Administration and

3 foreseeable future organizational changes that have af4 fected, or would affect, the ability of the National Oce5 anic and Atmospheric Administration to provide

6 navigation-related services.

7 SEC. 404. WEST COAST GROUNDFISH LABORATORY.

8 In selecting a site for placement of a replacement for

9 the National Marine Fisheries Service Lab at Tiburon,

10 California, the Secretary of Commerce shall take into ac11 count the following factors:

12 (1) The proximity of sites considered to—

13 (A) groundfish fisheries, salmon fisheries,

14 and other unique marine study areas;

15 (B) academic and private research institu16 tions which conduct relevant marine habitat and

17 environmental research;

18 (C) other National Oceanic and Atmos19 pheric Administration research and management

20 elements; and

21 (D) other Federal, State, and private ma22 rine related research facilities.

23 (2) The ability of the National Oceanic and At24 mospheric Administration to retain current staff.
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1 (3) The relative construction and operation costs,

2 including the potential for colocation with other Fed3 eral facilities.

4 SEC. 405. MARINE SANCTUARIES FACILITIES.

5 Not later than 120 days after the date of the enactment

6 of this Act, the Secretary of Commerce shall report to the

7 Committee on Merchant Marine and Fisheries of the House

8 of Representatives and the Committee on Commerce,

9 Science, and Transportation of the Senate on needs of the

10 Department of Commerce for facilities (including real prop11 erty for facilities) for the National Marine Sanctuary Pro12 gram established under the National Marine Sanctuaries

13 Act (16 U.S.C. 1431 et seq.).

14 SEC. 406. SAN FRANCISCO BAY PORT SYSTEM.

15 (a) IN GENERAL.—The Secretary of Commerce (here16 inafter in this section referred to as the ‘‘Secretary’’) shall

17 establish for San Francisco Bay in accordance with this

18 section the safe navigation system known as the Physical

19 Ocean Real Time System (known, and hereinafter in this

20 section referred to, as the ‘‘PORT System’’), after comple21 tion of implementation of section 401(c).

22 (b) STUDY.—After completion of implementation of

23 section 401(c), and not later than 1 year after the date of

24 that completion, the Secretary shall conduct a

25 hydrodynamics modeling study of San Francisco Bay to
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1 determine the appropriate technology and equipment and

2 the effective placement of instruments for the establishment

3 of the PORT System for San Francisco Bay.

4 (c) IMPLEMENTATION.—

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

6 the completion of the study under subsection (b), the

7 Secretary, in consultation with the State of Califor8 nia Office of Oil Spill Prevention and Response and

9 subject to paragraph (2), shall acquire, install, and

10 activate appropriate equipment to establish an oper11 ational PORT System for San Francisco Bay.

12 (2) CONDITION.—The Secretary may not take

13 any action under paragraph (1) unless the State of

14 California Office has provided to the Secretary ade15 quate assurances that the State will fund the oper16 ation and maintenance of the PORT System for San

17 Francisco Bay after its installation.

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

19 authorized to be appropriated to the Secretary to carry out

20 this section a total of $4,200,000 for fiscal years 1995 and

21 1996.

22 SEC. 407. CONVEYANCE OF NATIONAL MARINE FISHERIES

23 SERVICE LABORATORY AT GLOUCESTER, MAS24 SACHUSETTS.

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

2 shall convey to the Commonwealth of Massachusetts,

3 all right, title, and interest of the United States in

4 and to the property comprising the National Marine

5 Fisheries Service laboratory located on Emerson Ave6 nue in Gloucester, Massachusetts.

7 (2) TERMS.—A conveyance of property under

8 paragraph (1) shall be made—

9 (A) without payment of consideration; and

10 (B) subject to the terms and conditions

11 specified under subsections (b) and (c).

12 (b) CONDITIONS FOR TRANSFER.—

13 (1) IN GENERAL.—As a condition of any convey14 ance of property under this section, the Common15 wealth of Massachusetts shall assume full responsibil16 ity for maintenance of the property for as long as the

17 Commonwealth retains the right and title to that

18 property.

19 (2) CONTINUED USE OF PROPERTY BY NMFS.—

20 The Secretary may enter into a memorandum of un21 derstanding with the Commonwealth of Massachusetts

22 under which the National Marine Fisheries Service is

23 authorized to occupy existing laboratory space on the

24 property conveyed under this section, if—
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1 (A) the term of the memorandum of under2 standing is for a period of not longer than 5

3 years beginning on the date of enactment of this

4 Act; and

5 (B) the square footage of the space to be oc6 cupied by the National Marine Fisheries Service

7 does not conflict with the needs of, and is agree8 able to, the Commonwealth of Massachusetts.

9 (c) REVERSIONARY INTEREST.—All right, title, and

10 interest in and to all property conveyed under this section

11 shall revert to the United States on the date on which the

12 Commonwealth of Massachusetts uses any of the property

13 for any purpose other than the Commonwealth of Massachu14 setts Division of Marine Fisheries resource management

15 program.

16 SEC. 408. REIMBURSEMENT OF EXPENSES.

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

18 and (c) of title 31, United States Code, and subject to sub19 section (b) of this section, all amounts received by the Unit20 ed States in settlement of, or judgment for, damage claims

21 arising from the October 9, 1992, allision of the vessel

22 ZACHERY into the National Oceanic and Atmospheric Ad23 ministration research vessel DISCOVERER—

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

25 the Fleet Modernization, Shipbuilding, and Conver-
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1 sion account of the National Oceanic and Atmos2 pheric Administration;

3 (2) shall be deposited in that account upon re4 ceipt by the United States Government; and

5 (3) shall be available only for obligation for Na6 tional Oceanic and Atmospheric Administration ves7 sel repairs.

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

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

10 the Fleet Modernization, Shipbuilding, and Conversion ac11 count pursuant to subsection (a).

12 SEC. 409. NOAA FLEET MODERNIZATION.

13 (a) AUTHORITY TO CONTRACT.—

14 (1) IN GENERAL.—The Secretary may enter into

15 only the following contracts in fiscal years 1995 and

16 1996 to implement the Plan:

17 (A) Repairs to extend the service life of the

18 R/V DISCOVERER.

19 (B) Construction of a medium endurance

20 oceanographic research vessel.

21 (C) A service life extension of the R/V

22 DELAWARE II.

23 (D) Conversion of a T–AGOS vessel for

24 oceanographic research.
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1 (E) Construction of a coastal/low endurance

2 vessel for living marine research.

3 (F) Leasing to fulfill any NOAA mission re4 quirements.

5 (G) Necessary repairs to and maintenance

6 of any vessel in the NOAA fleet, subject to sub7 section (b).

8 (H) Necessary requirements, designs, and

9 specifications for future vessel repair, conversion,

10 construction, or lease.

11 (2) CONTRACT DEFINED.—Section 602 of the

12 NOAA Fleet Modernization Act (33 U.S.C. 891) is

13 amended by adding at the end the following:

14 ‘‘(6) ‘contract’ means any contract or other

15 agreement for the construction, conversion, lease,

16 chartering, service life extension, or repair or mainte17 nance of any vessel of the NOAA fleet, and provision

18 of related equipment, including the development of

19 any necessary requirement, design, or specification.

20 The term includes contracts entered into on behalf of

21 the Secretary by another Federal department, agency,

22 or instrumentality, if the vessel which is the subject

23 of the contract will be operated by or for the benefit

24 of the Department of Commerce.’’.
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1 (b) LIMITATION ON EXPENDITURES FOR REPAIRS AND

2 MAINTENANCE.—Notwithstanding any other law, of the

3 total amount appropriated for fiscal years 1991 through

4 1996 to the Fleet Modernization, Shipbuilding, and Conver5 sion account of the National Oceanic and Atmospheric Ad6 ministration, not more than 20 percent may be expended

7 by the Secretary for repairs and maintenance of vessels in

8 the NOAA fleet.

9 (c) LEASING AND CONTRACTS.—

10 (1) IN GENERAL.—The Secretary shall for each

11 of fiscal years 1995 and 1996, enter into contracts,

12 including service contracts, under the NOAA Fleet

13 Modernization Act (33 U.S.C. 891 et seq.) to use Uni14 versity-National Oceanographic Laboratory System

15 or non-Federal vessels.

16 (2) AMOUNT SUBJECT TO OBLIGATION.—

17 Amounts subject to obligation under paragraph (1)

18 shall be, for each fiscal year, the greater of $6,000,000

19 or 10 percent of the amounts appropriated to the

20 Fleet Modernization, Shipbuilding, and Conversion

21 account for fiscal years 1995 and 1996.

22 (d) DEFINITIONS.—In this section each of the terms

23 ‘‘contract’’, ‘‘NOAA’’, ‘‘NOAA fleet’’, ‘‘Plan’’, and ‘‘Sec24 retary’’ has the meaning given to that term in section 602
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1 of the NOAA Fleet Modernization Act (33 U.S.C. 891), as

2 amended by this section.

3 SEC. 410. STUDY OF NOAA CORPS.

4 (a) STUDY.—The Secretary of Commerce shall, subject

5 to the availability of appropriations, contract with the Ma6 rine Board of the National Research Council to examine

7 and report to the Secretary on the appropriate role of the

8 National Oceanic and Atmospheric Administration Corps

9 in supporting NOAA missions. In particular, the Marine

10 Board shall—

11 (1) examine whether there is a continued need

12 for a uniformed service to operate the NOAA fleet, fly

13 weather observations, conduct hydrographic surveys,

14 manage national marine sanctuaries, conduct NOAA

15 research, and participate in other NOAA activities;

16 (2) examine the role of the NOAA Corps in mod17 ernizing the NOAA fleet and the involvement of the

18 NOAA Corps in obtaining efficient, effective, low-cost

19 ship support of NOAA missions;

20 (3) compare the full costs of utilizing the services

21 of the NOAA Corps compared to civilian employees in

22 similar positions; and

23 (4) determine whether adequately trained civil24 ian employees are available to fill NOAA Corps posi25 tions.
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1 (b) DEADLINE.—No later than 1 year after the date

2 of enactment of this Act, the Secretary of Commerce shall

3 submit the report of the Marine Board under subsection (a)

4 to the Committee on Merchant Marine and Fisheries of the

5 House of Representatives and the Committee on Commerce,

6 Science, and Transportation of the Senate.

7 (c) DEFINITIONS.—In this section, the definitions in

8 section 409(d) apply.

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

10 authorized to be appropriated to the Secretary of Commerce

11 to carry out this section a total of $100,000 for fiscal years

12 1995 and 1996, to remain available until expended.

13 SEC. 411. UNDERSEA RESEARCH PROGRAM.

14 (a) ESTABLISHMENT.—There is established in the Na15 tional Oceanic and Atmospheric Administration a program

16 to be known as the National Undersea Research Program.

17 (b) PROGRAM PURPOSE.—The National Undersea Re18 search Program shall develop, maintain, and conduct un19 dersea research programs to enhance the understanding of

20 processes in the oceans, coastal areas, and large lakes of the

21 world through the use and development of undersea tech22 nologies.

23 (c) CENTER FOR GULF OF MEXICO REGION.—

24 (1) ESTABLISHMENT.—Not later than 180 days

25 after the date of the enactment of this Act, the Sec-
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1 retary of Commerce shall establish and maintain, at

2 a qualified public institution, a National Undersea

3 Research Program center for the Gulf of Mexico to

4 carry out the National Undersea Research Program

5 for the Gulf of Mexico region.

6 (2) DEFINITION.—For purposes of this sub7 section, ‘‘qualified public institution’’ means a public

8 institution or consortium of public institutions of

9 higher education—

10 (A) located directly on the coastline of, or

11 having direct access to, the Gulf of Mexico, and

12 proximate to the Flower Garden Banks National

13 Marine Sanctuary;

14 (B) with strong undergraduate and grad15 uate programs in engineering, science, and tech16 nology as they may apply to undersea research;

17 (C) with nationally-recognized programs in

18 marine science and maritime studies, including

19 the presence of a degree-granting maritime acad20 emy;

21 (D) with facilities for maintaining and op22 erating research and other vessels appropriate for

23 deployment of equipment necessary to conduct

24 undersea research;
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1 (E) with faculty and other personnel with

2 expertise in undersea research;

3 (F) which maintains cooperative institu4 tional relationships with Federal agencies re5 sponsible for research work in the Gulf of Mexico

6 and along the Gulf of Mexico coast;

7 (G) which participates in cooperative un8 dersea research programs with Mexico; and

9 (H) has received funding for undersea re10 search from the Secretary in the past.

11 (3) LIMITATION.—In carrying out this sub12 section, the Secretary of Commerce shall not reduce

13 amounts available for carrying out the Memorandum

14 of Agreement Concerning Support of a National Aca15 demic Deep Submergence Facility of Scientific Use.

16 SEC. 412. REPORT ON RESEARCH AND EFFECTS OF CLI17 MATE AND GLOBAL CHANGE ON FRESHWATER

18 SYSTEMS.

19 Within 60 days after the date of submission of the

20 President’s budget request for each of fiscal years 1996 and

21 1997, the Secretary of Commerce shall submit a report to

22 the Committee on Merchant Marine and Fisheries of the

23 House of Representatives and the Committee on Commerce,

24 Science, and Transportation of the Senate, on—
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1 (1) the amount of funds allocated and the activi2 ties supported for research on the effects of climate

3 and global change on the Nation’s major freshwater

4 systems, including international commitments;

5 (2) the criteria used in determining those alloca6 tions and in selecting those activities; and

7 (3) specific proposed agency plans for imple8 menting research programs and activities to evaluate

9 the effects of climate and global change on the Na10 tion’s major freshwater systems.

11 SEC. 413. PROMOTION AND COORDINATION OF NATIONAL

12 ESTUARINE RESEARCH RESERVES.

13 The Secretary of Commerce shall take such action as

14 is necessary and reasonable to promote and coordinate the

15 use of National Estuarine Research Reserves for research,

16 monitoring, and education purposes. Such action may in17 clude consulting with Federal agencies, States, local govern18 ments, regional agencies, interstate agencies, or other per19 sons to promote use of one or more such reserves for re20 search, monitoring, and education, including coordination

21 with the National Marine Sanctuaries Program.

22 SEC. 414. STUDY ON EFFECTS OF DOLPHIN FEEDING.

23 (a) STUDY.—The Secretary of Commerce shall conduct

24 a study on the effects of feeding noncaptive dolphins in the

25 Gulf of Mexico and Southern Atlantic Ocean. The study
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1 shall consider the potential impacts on the behavior or gen2 eral health of wild populations of dolphins resulting from

3 this feeding.

4 (b) USE OF THE STUDY.—The Secretary of Commerce

5 shall use the results of the study required under subsection

6 (a) in determining whether and under what conditions feed7 ing noncaptive dolphins may be authorized.

8 (c) REPORT.—Within 1 year after the date of enact9 ment of this Act, the Secretary shall submit to the Commit10 tee on Merchant Marine and Fisheries of the House of Rep11 resentatives and the Committee on Commerce, Science, and

12 Transportation of the Senate a report on the results of the

13 study.

14 SEC. 415. FLOWER GARDEN BANKS BOUNDARY MODIFICA15 TION.

16 (a) MODIFICATION.—Notwithstanding section 304 of

17 the National Marine Sanctuaries Act (16 U.S.C. 1434), the

18 boundaries of the Flower Garden Banks National Marine

19 Sanctuary, as designated by Public Law 102–251, are

20 amended to include the area described in subsection (d),

21 popularly known as Stetson Bank. This area shall be part

22 of the Flower Garden Banks National Marine Sanctuary

23 and shall be managed and regulated as though it had been

24 designated by the Secretary of Commerce under the Na25 tional Marine Sanctuaries Act.
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1 (b) DEPICTION OF SANCTUARY BOUNDARIES.—The

2 Secretary of Commerce shall—

3 (1) prepare a chart depicting the boundaries of

4 the Flower Garden Banks National Marine Sanc5 tuary, as modified by this section; and

6 (2) submit copies of this chart to the Committee

7 on Merchant Marine and Fisheries of the House of

8 Representatives and the Committee on Commerce,

9 Science, and Transportation of the Senate.

10 (c) APPLICATION OF REGULATIONS.—Regulations is11 sued by the Secretary of Commerce to implement the des12 ignation of the Flower Garden Banks National Marine

13 Sanctuary shall apply to the area described in subsection

14 (d), unless modified by the Secretary. This subsection shall

15 take effect 45 days after the date of enactment of this Act.

16 (d) AREA DESCRIBED.—

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the area referred to in subsections (a), (b),

19 and (c) is the area that is—

20 (A) generally depicted on the Department of

21 the Interior, Minerals Management Service map

22 titled ‘‘Western Gulf of Mexico, Lease Sale 143,

23 September 1993, Biologically Sensitive Areas,

24 Map 3 of 3, Final’’;
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1 (B) labeled ‘‘Stetson’’ on the High Island

2 Area South Addition diagram on that map; and

3 (C) within the 52 meter isobath.

4 (2) MINOR BOUNDARY ADJUSTMENTS.—The Sec5 retary of Commerce may make minor adjustments to

6 the boundaries of the area described in paragraph (1)

7 as necessary to protect the living coral resources of

8 Stetson Bank or to simplify administration of the

9 Flower Garden Banks National Marine Sanctuary.

10 (e) PUBLICATION OF NOTICE.—

11 (1) IN GENERAL.—The Secretary of Commerce

12 shall, as soon as practicable after the date of the en13 actment of this Act, publish in the Federal Register

14 a notice describing—

15 (A) the boundaries of the Flower Garden

16 Banks National Marine Sanctuary, as modified

17 by this section, and

18 (B) any modification of regulations appli19 cable to that Sanctuary that are necessary to im20 plement that modification of the boundaries of

21 the Sanctuary.

22 (2) TREATMENT AS NOTICE REQUIRED UNDER

23 NATIONAL MARINE SANCTUARIES ACT.—A notice pub24 lished under paragraph (1) shall be considered to be

25 the notice required to be published under section
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1 304(b)(1) of the National Marine Sanctuaries Act (16

2 U.S.C. 1434).

3 SEC. 416. AMENDMENTS RELATING TO NATIONAL COASTAL

4 RESOURCES RESEARCH AND DEVELOPMENT

5 INSTITUTE.

6 (a) ADMINISTRATION OF INSTITUTE.—Section 201(a)

7 of the Act entitled ‘‘An Act to authorize appropriations to

8 carry out the Marine Mammal Protection Act of 1972 for

9 fiscal years 1985 through 1988, and for other purposes’’ (16

10 U.S.C. 1463b(a)) is amended by striking ‘‘by the Oregon

11 State Marine Science Center’’ and inserting ‘‘by the Oregon

12 State System of Higher Education’’.

13 (b) FUNCTIONS OF INSTITUTE.—Section 201(b) of such

14 Act (16 U.S.C. 1463b(b)) is amended to read as follows:

15 ‘‘(b) The Institute shall promote the economic growth

16 and prosperity of the United States by transferring research

17 and technology into applications to improve the economic,

18 environmental, and social well-being of the Nation’s coastal

19 communities and the competitiveness of coastal businesses.’’.

20 (c) MEMBERSHIP OF BOARD OF GOVERNORS.—Section

21 201(c)(1) of such Act (16 U.S.C. 1463b(c)(1)) is amended

22 to read as follows:

23 ‘‘(c)(1) The policies of the Institute shall be determined

24 by a Board of Governors composed of—
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1 ‘‘(A) 1 representative appointed by the Chan2 cellor of the Oregon State System of Higher Edu3 cation; and

4 ‘‘(B) 1 representative of each of the following re5 gions, appointed jointly by Governors of the States

6 comprising that region:

7 ‘‘(i) The Alaska region, consisting of Alaska.

8 ‘‘(ii) The Northwest Pacific Coast region,

9 consisting of Oregon and Washington.

10 ‘‘(iii) The Southwest Pacific Coast region,

11 consisting of California.

12 ‘‘(iv) The Pacific Islands region, consisting

13 of Hawaii, American Samoa, and Guam.

14 ‘‘(v) The Great Lakes region, consisting of

15 Pennsylvania, Ohio, Michigan, Indiana, Illinois,

16 Wisconsin, and Minnesota.

17 ‘‘(vi) The Gulf Coast region, consisting of

18 Texas, Louisiana, Mississippi, and Alabama.

19 ‘‘(vii) The South Atlantic and Caribbean

20 region, consisting of South Carolina, Georgia,

21 Florida, Puerto Rico, and the U.S. Virgin Is22 lands.

23 ‘‘(viii) The Mid-Atlantic region, consisting

24 of Delaware, Maryland, Virginia, and North

25 Carolina.
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1 ‘‘(ix) The North Atlantic region, consisting

2 of New Jersey, New York, Connecticut, Rhode Is3 land, Massachusetts, New Hampshire, and

4 Maine.’’.

5 (d) ADVISORY COUNCIL.—Section 201(d)(1) of such

6 Act (16 U.S.C. 1463b(d)(1)) is amended by inserting ‘‘and

7 leaders in coastal communities and businesses’’ after ‘‘com8 munity’’.

9 (e) CONFORMING AMENDMENT.—Section 201(e) of such

10 Act (16 U.S.C. 1463b(e)) is amended by striking ‘‘Oregon

11 Board of Higher Education’’ and inserting ‘‘Oregon State

12 System of Higher Education’’.

13 (f) REPORTS.—Section 201(g) of such Act (16 U.S.C.

14 1463b(g)) is amended to read as follows:

15 ‘‘(g) The Institute shall report to the Congress on its

16 activities annually, and shall report to the Secretary of

17 Commerce in a like manner biennially.’’.

18 SEC. 417. SENSE OF CONGRESS REGARDING PROMOTION OF

19 MINORITIES AND WOMEN IN COASTAL AND

20 OCEAN PROGRAMS.

21 It is the sense of the Congress that the National Oce22 anic and Atmospheric Administration should develop and

23 promote programs that reach out to and recruit minorities

24 and women for education in the sciences and take actions

25 to increase the direct involvement of underrepresented mi-
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1 norities in coastal and ocean resource stewardship pro2 grams carried out directly by the National Oceanic and At3 mospheric Administration and in partnership with State

4 and local governments, universities, and other entities. To

5 this end, the National Oceanic and Atmospheric Adminis6 tration should create minority internship programs to de7 velop a pool of professionals in coastal and ocean science

8 and management, and to make these programs an eligible

9 use of grant and program funds distributed by the National

10 Oceanic and Atmospheric Administration to States, univer11 sities, and other entities.

12 SEC. 418. CHESAPEAKE BAY.

13 (a) REPEAL.—If by December 1, 1994, the Secretary

14 of Commerce fails to obligate all funds appropriated to the

15 Secretary of Commerce by Public Law 103–121 for oyster

16 disease research, section 307 of the National Oceanic and

17 Atmospheric Administration Act of 1992 (15 U.S.C.

18 1511d), requiring the establishment of a National Oceanic

19 and Atmospheric Administration Chesapeake Bay Estua20 rine Resources Office, is repealed.

21 (b) ASSIGNMENT OF FUNCTIONS.—If section 307 of the

22 National Oceanic and Atmospheric Administration Act of

23 1992 (15 U.S.C. 1511d) is repealed by subsection (a), the

24 Secretary of Commerce shall immediately—
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1 (1) enter into a cooperative agreement with the

2 directors of the Maryland and Virginia Sea Grant

3 colleges to administer all funds appropriated to the

4 Secretary of Commerce under any law for oyster dis5 ease research and Chesapeake Bay studies; and

6 (2) transfer the functions of the former National

7 Oceanic and Atmospheric Administration Chesapeake

8 Bay Estuarine Resources Office to the Director of the

9 Coastal Ocean Program.

10 The Director may delegate any of the functions transferred

11 under paragraph (2) to the directors of the Maryland and

12 Virginia Sea Grant colleges under the cooperative agree13 ment required under paragraph (1).

14 (c) REPEAL AND AUTHORIZATION OF APPROPRIA15 TIONS.—

16 (1) REPEAL.—Section 2(e) of the National Oce17 anic and Atmospheric Administration Marine Fish18 eries Program Authorization Act (Public Law 98–

19 210, 97 Stat. 1409) is repealed.

20 (2) AUTHORIZATION.—There is authorized to be

21 appropriated to the Secretary of Commerce to imple22 ment section 307 of the National Oceanic and Atmos23 pheric Administration Act of 1992 (15 U.S.C. 1511d)

24 and this section, $2,500,000 for each of fiscal years

25 1995 and 1996, to remain available until expended.
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1 SEC. 419. WEATHER REPORTING STATIONS FOR PRINCE

2 WILLIAM SOUND.

3 (a) INSTALLATION.—To provide more comprehensive

4 weather information to ensure the safety of fishermen and

5 tank vessels and to protect the resources of Prince William

6 Sound from potential oil spills, the Secretary of Commerce

7 may expend $340,000 to acquire, construct, and install

8 weather reporting stations in Prince William Sound, Alas9 ka, as follows:

10 (1) In the vicinity of Seal Rocks, to acquire and

11 install a weather buoy capable of measuring and re12 porting wind speed and direction, barometric pres13 sure, wave height and period, and air temperature.

14 (2) On the existing tower at Bligh Reef, to ac15 quire and install a weather instrument capable of

16 measuring and reporting wind speed and direction.

17 (3) At Potato Point, to relocate the existing ane18 mometer to a more exposed location in order to pro19 vide more accurate information.

20 (4) At the Hinchinbrook Lighthouse site, to ac21 quire and install an anemometer.

22 (b) MAINTENANCE.—The Secretary of Commerce may

23 expend $160,000 in each of fiscal years 1995 and 1996 to

24 maintain the equipment identified in subsection (a).
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1 TITLE V—GREAT LAKES

2 IMPROVEMENTS

3 SEC. 501. SHORT TITLE.

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

5 Atmospheric Administration Great Lakes Improvements

6 Act’’.

7 SEC. 502. GREAT LAKES OFFICE.

8 (a) ESTABLISHMENT.—The Under Secretary may es9 tablish and maintain within the Administration a Great

10 Lakes Office in the Washington, District of Columbia area.

11 (b) PURPOSE.—The purpose of the Great Lakes Office

12 shall be to promote and coordinate Administration research,

13 monitoring, and assessment work in the Great Lakes region

14 consistent with the goals of the Great Lakes Water Quality

15 Agreement.

16 (c) DIRECTOR.—The Director of the Great Lakes Office

17 shall be an individual with extensive knowledge and exper18 tise in the Great Lakes ecosystem, and with appropriate

19 administrative experience.

20 SEC. 503. GREAT LAKES REPORT.

21 (a) CONTENTS.—Subject to the availability of appro22 priations under section 505, the Under Secretary, in con23 sultation with the Director of the Great Lakes Office if es24 tablished, shall prepare and submit to Congress an annual

25 Great Lakes Report in accordance with this section. The
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1 Report shall provide information relating to Great Lakes

2 ecosystem research, monitoring, and assessment, includ3 ing—

4 (1) the individual activities, projects, or propos5 als conducted by the Administration in the previous

6 fiscal year, including a summary of funds expended

7 in support of these activities, projects, or proposals;

8 (2) the amount of funds received from the Ad9 ministration by each State or local government unit

10 bordering the Great Lakes;

11 (3) the amount of funds received by individuals

12 or institutions residing or located within a State bor13 dering the Great Lakes;

14 (4) an inventory of Administration facilities and

15 personnel located in a State bordering the Great

16 Lakes or in the Great Lakes used to conduct or sup17 port Administration-funded activities, projects, or

18 proposals in the Great Lakes, including vessels;

19 (5) the proposed Administration activities,

20 projects, and proposals to benefit the Great Lakes eco21 system for the current fiscal year, including requested

22 funds; and

23 (6) a proposal for increasing the presence of the

24 Administration in the Great Lakes, and improving

25 the coordination of research within the Administra-
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1 tion and with other entities, including the Govern2 ment of Canada.

3 (b) DEADLINE.—Subject to the availability of appro4 priations under section 505, the Under Secretary shall sub5 mit the Great Lakes Report to the Congress by October 1

6 of 1995, 1996, 1997, and 1998.

7 SEC. 504. DEFINITIONS.

8 In this title—

9 (1) the term ‘‘Administration’’ means the Na10 tional Oceanic and Atmospheric Administration;

11 (2) the term ‘‘Great Lakes’’ means—

12 (A) Lake Erie, Lake Huron, Lake Michi13 gan, Lake Ontario, and Lake Superior;

14 (B) their connecting waters, including the

15 St. Marys River, the St. Clair River, Lake St.

16 Clair, the Detroit River, and the Niagara River;

17 and

18 (C) the St. Lawrence River;

19 (3) the term ‘‘Great Lakes Water Quality Agree20 ment’’ means the bilateral agreement between the

21 United States and Canada which was signed in 1978

22 and amended by the Protocol of 1987; and

23 (4) the term ‘‘Under Secretary’’ means the

24 Under Secretary of Commerce for Oceans and Atmos25 phere.
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1 SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated to the Under

3 Secretary to carry out this title $100,000 for each of fiscal

4 years 1995, 1996, 1997, and 1998.

5 SECTION 1. SHORT TITLE.

6 This Act may be cited as the ‘‘National

7 Oceanic and Atmospheric Administration Au8 thorization Act of 1994’’.

9 SEC. 2. DEFINITIONS.

10 For the purposes of this Act, the term—

11 (1) ‘‘Act of 1890’’ means the Act enti12 tled ‘‘An Act to increase the efficiency

13 and reduce the expenses of the Signal

14 Corps of the Army, and to transfer the

15 Weather Bureau to the Department of Ag16 riculture’’, approved October 1, 1890 (26

17 Stat. 653);

18 (2) ‘‘Act of 1947’’ means the Act enti19 tled ‘‘An Act to define the functions and

20 duties of the Coast and Geodetic Survey,

21 and for other purposes’’, approved Au22 gust 6, 1947 (33 U.S.C. 883a et seq.); and

23 (3) ‘‘Act of 1970’’ means the Act enti24 tled ‘‘An Act to clarify the status and ben25 efits of commissioned officers of the Na26 tional Oceanic and Atmospheric Adminis-
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1 tration, and for other purposes’’, ap2 proved December 31, 1970 (33 U.S.C. 857–

3 1 et seq.).

4 TITLE I—NOAA OCEAN AND

5 COASTAL PROGRAMS

6 SEC. 101. NATIONAL OCEAN SERVICE.

7 (a) MAPPING AND CHARTING.—

8 (1) IN GENERAL.—There are authorized

9 to be appropriated to the Secretary of

10 Commerce, to enable the National Oce11 anic and Atmospheric Administration to

12 carry out mapping and charting activities

13 under the Act of 1947 and any other law

14 involving those activities, $29,005,000 for

15 fiscal year 1995 and $30,049,000 for fiscal

16 year 1996.

17 (2) AUTOMATED NAUTICAL CHARTING.—

18 In addition to amounts authorized under

19 paragraph (1), there are authorized to be

20 appropriated to the Secretary of Com21 merce, to enable the National Oceanic

22 and Atmospheric Administration to de23 velop and implement an automated nau24 tical charting system, $1,300,000 for fiscal
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1 year 1995 and $1,347,000 for fiscal year

2 1996.

3 (b) GEODESY.—There are authorized to be

4 appropriated to the Secretary of Commerce,

5 to enable the National Oceanic and Atmos6 pheric Administration to carry out geodesy

7 activities under the Act of 1947 and any other

8 law involving those activities, $19,332,000 for

9 fiscal year 1995 and $20,028,000 for fiscal year

10 1996.

11 (c) OBSERVATION AND PREDICTION.—

12 (1) IN GENERAL.—There are authorized

13 to be appropriated to the Secretary of

14 Commerce, to enable the National Oce15 anic and Atmospheric Administration to

16 carry out observation and prediction ac17 tivities under the Act of 1947 and any

18 other law involving those activities,

19 $12,429,000 for fiscal year 1995 and

20 $12,876,000 for fiscal year 1996.

21 (2) CIRCULATORY SURVEY PROGRAM.—In

22 addition to amounts authorized under

23 paragraph (1), there are authorized to be

24 appropriated to the Secretary of Com25 merce, to enable the National Oceanic
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1 and Atmospheric Administration to carry

2 out the Circulatory Survey Program,

3 $700,000 for fiscal year 1995 and $725,000

4 for fiscal year 1996.

5 (3) OCEAN AND EARTH SCIENCES.—In ad6 dition to amounts authorized under para7 graph (1), there are authorized to be ap8 propriated to the Secretary of Commerce,

9 to enable the National Oceanic and At10 mospheric Administration to carry out

11 ocean and earth science activities,

12 $4,442,000 for fiscal year 1995 and

13 $4,602,000 for fiscal year 1996.

14 (4) CENTER FOR OCEAN ANALYSIS AND

15 PREDICTION.—In addition to amounts au16 thorized under paragraph (1), there are

17 authorized to be appropriated to the Sec18 retary of Commerce, to enable the Na19 tional Oceanic and Atmospheric Adminis20 tration to continue the activities of the

21 Center for Ocean Analysis and Pre22 diction, $400,000 for fiscal year 1995 and

23 $414,000 for fiscal year 1996.

24 (5) OBSERVATION BUOYS.—In addition

25 to amounts authorized under paragraph
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1 (1), there are authorized to be appro2 priated to the Secretary of Commerce, to

3 enable the National Oceanic and Atmos4 pheric Administration to operate and

5 maintain observation buoys in the Chesa6 peake Bay, $400,000 for fiscal year 1995

7 and $414,000 for fiscal year 1996.

8 (d) ESTUARINE AND COASTAL ASSESSMENT.—

9 (1) IN GENERAL.—There are authorized

10 to be appropriated to the Secretary of

11 Commerce, to enable the National Oce12 anic and Atmospheric Administration to

13 support estuarine and coastal assessment

14 activities under the Act of 1947 and any

15 other law involving those activities,

16 $2,420,000 for fiscal year 1995 and

17 $2,507,000 for fiscal year 1996.

18 (2) OCEAN ASSESSMENT.—In addition to

19 amounts authorized under paragraph (1),

20 there are authorized to be appropriated

21 to the Secretary of Commerce, to enable

22 the National Oceanic and Atmospheric

23 Administration to carry out the National

24 Status and Trends Program, the Strategic

25 Environmental Assessment Program, and
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1 the Hazardous Materials Response Pro2 gram, $18,945,000 for fiscal year 1995 and

3 $19,627,000 for fiscal year 1996.

4 (3) DAMAGE ASSESSMENT PROGRAM.—In

5 addition to amounts authorized under

6 paragraph (1), there are authorized to be

7 appropriated to the Secretary of Com8 merce, to enable the National Oceanic

9 and Atmospheric Administration to carry

10 out the Damage Assessment Program,

11 $1,500,000 for fiscal year 1995 and

12 $1,554,000 for fiscal year 1996.

13 (4) COASTAL OCEAN PROGRAM.—In addi14 tion to amounts authorized under para15 graph (1), there are authorized to be ap16 propriated to the Secretary of Commerce,

17 to enable the National Oceanic and At18 mospheric Administration to carry out

19 the Coastal Ocean Program, $11,433,000

20 for fiscal year 1995 and $11,845,000 for

21 fiscal year 1996. Of the amounts author22 ized under this paragraph for fiscal years

23 1995 and 1996, a total of $120,000 is avail24 able until expended to study the use of

25 oceanographic data obtained from sat-
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1 ellite imagery and other sources to deter2 mine and predict the presence of endan3 gered sea turtles in the Gulf of Mexico.

4 (e) OCEAN MANAGEMENT.—There are au5 thorized to be appropriated to the Secretary

6 of Commerce, to enable the National Oceanic

7 and Atmospheric Administration to carry out

8 deep ocean mineral and ocean energy activi9 ties, $500,000 for each of fiscal years 1995 and

10 1996.

11 SEC. 102. OCEAN AND GREAT LAKES RESEARCH.

12 (a) MARINE PREDICTION RESEARCH.—

13 (1) IN GENERAL.—There are authorized

14 to be appropriated to the Secretary of

15 Commerce, to enable the National Oce16 anic and Atmospheric Administration to

17 carry out marine prediction research ac18 tivities under the Act of 1947, the Act of

19 1890, and any other law involving those

20 activities, $10,000,000 for fiscal year 1995

21 and $10,360,000 for fiscal year 1996.

22 (2) GREAT LAKES ENVIRONMENTAL RE23 SEARCH LABORATORY.—

24 (A) IN GENERAL.—There are au25 thorized to be appropriated to the
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1 Secretary of Commerce, for the oper2 ation and maintenance of the Great

3 Lakes Environmental Research Lab4 oratory, $4,558,000 for fiscal year 1995

5 and $4,722,000 for fiscal year 1996.

6 (B) GREAT LAKES NEARSHORE RE7 SEARCH.—There are authorized to be

8 appropriated to the Secretary of

9 Commerce, to enable the National

10 Oceanic and Atmospheric Administra11 tion to carry out nearshore research

12 activities of the Great Lakes Environ13 mental Research Laboratory, $500,000

14 for each of fiscal years 1995 and 1996.

15 (C) ZEBRA MUSSEL RESEARCH.—In

16 addition to amounts authorized

17 under subparagraph (A), there are

18 authorized to be appropriated to the

19 Secretary of Commerce, to enable the

20 National Oceanic and Atmospheric

21 Administration to carry out zebra

22 mussel research activities of the

23 Great Lakes Environmental Research

24 Laboratory under the Nonindigenous

25 Aquatic Nuisance Prevention and
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1 Control Act of 1990 (16 U.S.C. 4701 et

2 seq.), $911,000 for fiscal year 1995 and

3 $1,125,000 for fiscal year 1996.

4 (3) SOUTHEAST FLORIDA AND CARIBBEAN

5 RECRUITMENT PROGRAM.—In addition to

6 amounts authorized under paragraph (1),

7 there are authorized to be appropriated

8 to the Secretary of Commerce a total of

9 $2,000,000 for fiscal years 1995 and 1996

10 to enable the National Oceanic and At11 mospheric Administration to carry out,

12 through the Cooperative Institute for Ma13 rine and Atmospheric Studies, collabo14 rative investigations to examine the

15 physical and biological processes which—

16 (A) occur in tropical marine envi17 ronments in coastal waters of the

18 United States, Florida, and the Carib19 bean; and

20 (B) impact variability and devel21 opment of fisheries resources.

22 (b) NATIONAL UNDERSEA RESEARCH PRO23 GRAM.—There are authorized to be appro24 priated to the Secretary of Commerce, to en25 able the National Oceanic and Atmospheric
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1 Administration to carry out undersea re2 search activities under the National Undersea

3 Research Program established by section 411,

4 $22,100,000 for fiscal year 1995 and $24,200,000

5 for fiscal year 1996, of which $1,250,000 shall

6 be available each fiscal year for implementing

7 section 411(c).

8 (c) CLIMATE AND GLOBAL CHANGE RE9 SEARCH.—

10 (1) IN GENERAL.—There are authorized

11 to be appropriated to the Secretary of

12 Commerce, to enable the National Oce13 anic and Atmospheric Administration to

14 carry out climate and global change re15 search activities, $66,000,000 for fiscal

16 year 1995 and $84,012,000 for fiscal year

17 1996. Of sums appropriated under this

18 subsection, sufficient funds should be

19 made available by the Secretary of Com20 merce to initiate and support research on

21 the effects of climate and global change

22 on the Nation’s major freshwater systems,

23 including the Great Lakes and the Mis24 sissippi River.
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1 (2) ENVIRONMENTAL OBSERVATIONS.—In

2 addition to the amounts authorized to be

3 appropriated under paragraph (1), there

4 is authorized to be appropriated to the

5 Secretary of Commerce $7,000,000 for

6 each of fiscal years 1995 and 1996 for a

7 program to increase scientific under8 standing of the earth by using a network

9 of schools to collect environmental obser10 vations. Beginning in fiscal year 1996,

11 amounts appropriated for such program

12 may be obligated only to the extent that

13 an equal or greater amount of non-Fed14 eral funding is provided for such pro15 gram.

16 (3) IMPLEMENTATION OF LANDSAT

17 AGREEMENT.—Section 103 of the Land Re18 mote Sensing Policy Act of 1992 is amend19 ed by adding at the end the following

20 new subsection:

21 ‘‘(c) IMPLEMENTATION OF AGREEMENT.—If

22 negotiations under subsection (a) result in an

23 agreement that the Landsat Program Manage24 ment determines generally achieves the goals

25 stated in subsection (a)(1) through (8), the
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1 Landsat Program Management shall award an

2 extension, until the practical demise of

3 Landsat 4 or Landsat 5, whichever occurs

4 later, of the existing contract with the

5 Landsat 6 contractor incorporating the terms

6 of such agreement.’’.

7 TITLE II—NOAA MARINE

8 FISHERY PROGRAMS

9 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

10 The National Oceanic and Atmospheric

11 Administration Marine Fisheries Program Au12 thorization Act (Public Law 98–210; 97 Stat.

13 1409) is amended—

14 (1) in section 2(a) by—

15 (A) striking ‘‘1992 and’’ and insert16 ing ‘‘1992,’’; and

17 (B) inserting after ‘‘1993’’ the fol18 lowing: ‘‘, $51,092,000 for fiscal year

19 1995, and $52,931,000 for fiscal year

20 1996’’;

21 (2) in section 3(a) by—

22 (A) striking ‘‘1992 and’’ and insert23 ing ‘‘1992,’’; and

24 (B) inserting after ‘‘1993’’ the fol25 lowing: ‘‘, $14,198,000 for fiscal year
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1 1995, and $14,709,000 for fiscal year

2 1996’’; and

3 (3) in section 4(a) by—

4 (A) striking ‘‘1992 and’’ and insert5 ing ‘‘1992,’’; and

6 (B) inserting after ‘‘1993’’ the fol7 lowing: ‘‘, $17,089,000 for fiscal year

8 1995, and $17,704,000 for fiscal year

9 1996’’.

10 SEC. 202. AMENDMENTS TO THE MERCHANT MARINE ACT,

11 1936.

12 Section 1104A(b)(2) of the Merchant Ma13 rine Act, 1936 (46 App. U.S.C. 1274(b)(2)), is

14 amended in the third proviso by striking ‘‘, ex15 cept that no debt may be placed under this

16 proviso through the Federal Financing Bank’’.

17 SEC. 203. SCALLOP RESTORATION PROGRAM.

18 There are authorized to be appropriated

19 to the Secretary of Commerce $200,000 for

20 each of fiscal years 1995 and 1996, for the es21 tablishment and maintenance of a scallop res22 toration program for Long Island Sound.
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1 SEC. 204. SALTONSTALL-KENNEDY PROGRAM AMEND2 MENTS.

3 (a) IN GENERAL.—Section 2 of the Act of

4 August 11, 1939 (15 U.S.C. 713c–3), popularly

5 known as the ‘‘Saltonstall-Kennedy Act’’, is

6 amended—

7 (1) by striking ‘‘SEC. 2.’’ the second

8 place it appears;

9 (2) in subsection (b)(1) by—

10 (A) striking subparagraph (B);

11 (B) striking ‘‘only for—’’ and all

12 that follows through ‘‘the Secretary—

13 ’’ and inserting ‘‘only for use by the

14 Secretary—’’;

15 (C) redesignating clauses (i), (ii),

16 and (iii) in order as subparagraphs

17 (A), (B), and (C); and

18 (D) moving subparagraphs (A),

19 (B), and (C), as redesignated by sub20 paragraph (C) of this paragraph, 2

21 ems to the left so that the left margin

22 of those subparagraphs is aligned

23 with the left margin of section 2(a)(5)

24 of that Act (15 U.S.C. 713c–3(a)(5));

25 and
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1 (3) by striking the designation and

2 heading for subsection (c) and all that

3 follows through paragraph (4) of that

4 subsection, and inserting the following:

5 ‘‘(c) FISHERIES RESEARCH AND DEVELOP6 MENT PROJECTS.—

7 ‘‘(1) IN GENERAL.—The Secretary shall

8 make grants from the fund established

9 under subsection (b) for the purpose of

10 assisting persons in carrying out re11 search and development projects to pro12 mote the sustainable use and develop13 ment of United States fisheries, including

14 harvesting, processing, aquaculture, mar15 keting, and associated infrastructures.

16 ‘‘(2) SECRETARY’S DUTIES.—The Sec17 retary shall each fiscal year—

18 ‘‘(A) receive at least once, during

19 a 60-day period specified by the Sec20 retary, applications for grants under

21 this subsection pursuant to a Request

22 for Proposals published in the Fed23 eral Register;

24 ‘‘(B) prescribe in that Request for

25 Proposals the form and manner in
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1 which applications for grants under

2 this subsection must be made, includ3 ing the specification of the informa4 tion which must accompany applica5 tions to ensure that the proposed

6 projects comply with Federal law and

7 can be properly evaluated under

8 paragraph (3);

9 ‘‘(C) include in that Request for

10 Proposals a list of priorities for

11 grants under this subsection that is

12 based on the priorities recommended

13 for the fiscal year under paragraph

14 (3)(F); and

15 ‘‘(D) approve or disapprove each

16 such application—

17 ‘‘(i) based primarily on the

18 recommendations of the grants

19 review panel established under

20 paragraph (3) for the fiscal year;

21 and

22 ‘‘(ii) before the end of the 90-

23 day period beginning on the day

24 after the last day of the applica25 tion period specified in the Re-
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1 quest for Proposals under sub2 paragraph (A); and

3 ‘‘(E) to the extent amounts are

4 available, obligate funds for grants

5 for approved applications before the

6 end of the fiscal year for which the

7 funds are available, except that up to

8 10 percent of funds available for a fis9 cal year may be obligated in the next

10 fiscal year.

11 ‘‘(3) EVALUATION AND APPROVAL OF PRO12 POSALS.—

13 ‘‘(A) SUITABILITY FOR EVALUA14 TION.—For each application received

15 under paragraph (2) in a fiscal year,

16 the Secretary shall—

17 ‘‘(i) make a determination

18 whether the project proposed in

19 the application meets the require20 ments of this subsection and is

21 consistent with the priorities rec22 ommended for the fiscal year

23 under subparagraph (F); and

24 ‘‘(ii) if so, forward the pro25 posal to the grants review panel
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1 established for the fiscal year

2 under subparagraph (B).

3 ‘‘(B) GRANTS REVIEW PANEL.—Each

4 fiscal year, the Secretary shall estab5 lish a grants review panel that con6 sists of individuals with expertise in

7 fisheries research, development, or

8 management, that represents a bal9 ance among those disciplines, that is

10 balanced in the representation of

11 those disciplines, and that is bal12 anced in the representation of the ge13 ographic regions of the United States.

14 Each grants review panel shall re15 view each proposal forwarded by the

16 Secretary under subparagraph (A)(ii)

17 and make recommendations to the

18 Secretary for awarding grants under

19 this subsection among those propos20 als for the fiscal year, subject to the

21 criteria described in subparagraph

22 (C) and consistent with the funding

23 available for the fiscal year.

24 ‘‘(C) CRITERIA FOR EVALUATION OF

25 PROPOSALS.—Each grants review
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1 panel shall evaluate each proposal as

2 to—

3 ‘‘(i) the value of the proposal

4 in promoting the purpose de5 scribed in paragraph (1) in gen6 eral and in fulfilling the applica7 ble regional priorities rec8 ommended under subparagraph

9 (F);

10 ‘‘(ii) the soundness of its de11 sign (including the likelihood of

12 securing useful results, and the

13 organization and management of

14 the proposal);

15 ‘‘(iii) the minimization of du16 plication within fisheries re17 search and development activi18 ties; and

19 ‘‘(iv) based on the criteria in

20 clauses (i), (ii) and (iii), the over21 all quality and rank of the pro22 posal relative to the other propos23 als under review.

24 ‘‘(D) INDUSTRIAL PARTNERS.—In

25 evaluating and ranking proposals
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1 under this subsection that are of

2 equivalent overall quality and rank

3 based on the criteria set forth in sub4 paragraph (C), a grants review panel

5 and the Secretary shall give pref6 erence to proposals in which at least

7 1 of the persons that would be a prin8 cipal grantee under the proposal re9 ceives a substantial portion of income

10 from seafood harvesting, processing,

11 marketing, or propagation.

12 ‘‘(E) NOTICE OF DECISION BY THE

13 SECRETARY.—If the Secretary ap14 proves or disapproves an application

15 for a proposal contrary to the rec16 ommendations of a grants review

17 panel, the Secretary shall notify the

18 panel, the Committee on Merchant

19 Marine and Fisheries of the House of

20 Representatives and the Committee

21 on Commerce, Science, and Transpor22 tation of the Senate in writing of that

23 decision, including the reasons for

24 that decision.
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1 ‘‘(F) RECOMMENDATIONS FOR FU2 TURE FUNDING PRIORITIES.—Each

3 grants review panel shall, after evalu4 ating proposals and making grants

5 recommendations, and after consult6 ing with interested parties, rec7 ommend to the Secretary for the next

8 fiscal year national and regional pri9 orities for grants under this sub10 section.

11 ‘‘(4) TERMS AND CONDITIONS.—Each

12 grant made under this subsection shall

13 be subject to such terms and conditions

14 as the Secretary may require to protect

15 the interests of the United States, includ16 ing the following:

17 ‘‘(A) RECORDS.—The recipient of

18 the grant—

19 ‘‘(i) must keep such records as

20 the Secretary shall require as

21 being necessary and appropriate

22 for disclosing the use made of

23 grant funds; and

24 ‘‘(ii) shall allow the Secretary

25 and the Comptroller General of
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1 the United States, or any of their

2 authorized representatives, ac3 cess to such records for purposes

4 of audit and examination.

5 ‘‘(B) AMOUNT OF GRANT.—The

6 amount of a grant may not be less

7 than 50 percent of the estimated cost

8 of the project.

9 ‘‘(C) PERIOD OF GRANT.—A grant

10 may not provide funding for more

11 than 2 years from the date of the re12 lease of the funds to the grantee.

13 ‘‘(D) STATUS REPORT.—The recipi14 ent of a grant shall submit annually

15 to the Secretary a project status re16 port. The Secretary may not release

17 funds to the recipient for any subse18 quent period of funding for that

19 grant or for any other grant to that

20 recipient made by the Secretary

21 under this subsection until the Sec22 retary receives that report.’’.

23 (b) APPLICATION.—

24 (1) IN GENERAL.—Except as provided

25 in paragraph (2), the amendments made
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1 by this section apply to fiscal years be2 ginning after the date of the enactment of

3 this Act.

4 (2) LIST OF REGIONAL PRIORITIES.—Not5 withstanding section 2(c)(2)(C) of the Act

6 of August 11, 1939, as amended by sub7 section (a)(2) of this section, the list of

8 priorities referred to in that section for

9 the first fiscal year beginning after the

10 date of the enactment of this Act is not

11 required to be based on priorities rec12 ommended under paragraph (3)(F) of that

13 section.

14 TITLE III—ADMINISTRATION

15 AND OTHER ACCOUNTS

16 SEC. 301. PROGRAM SUPPORT.

17 (a) EXECUTIVE DIRECTION AND ADMINISTRA18 TIVE ACTIVITIES.—There are authorized to be

19 appropriated to the Secretary of Commerce,

20 to enable the National Oceanic and Atmos21 pheric Administration to carry out executive

22 direction and administrative activities under

23 the Act of 1970 and any other law involving

24 those activities, $25,000,000 for fiscal year

25 1995 and $25,900,000 for fiscal year 1996.
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1 (b) SYSTEMS ACQUISITION OFFICE.—There

2 are authorized to be appropriated to the Sec3 retary of Commerce, to enable the National

4 Oceanic and Atmospheric Administration to

5 operate and maintain the Systems Acquisition

6 Office under the Act of 1970, $1,100,000 for fis7 cal year 1995 and $1,140,000 for fiscal year

8 1996.

9 (c) CENTRAL ADMINISTRATIVE SUPPORT.—

10 There are authorized to be appropriated to

11 the Secretary of Commerce, to enable the Na12 tional Oceanic and Atmospheric Administra13 tion to carry out central administrative sup14 port activities under the Act of 1970 and any

15 other law involving those activities,

16 $38,000,000 for fiscal year 1995 and $39,368,000

17 for fiscal year 1996.

18 (d) RETIRED PAY.—There are authorized to

19 be appropriated to the Secretary of Com20 merce, for retired pay for retired commis21 sioned officers of the National Oceanic and

22 Atmospheric Administration under the Act of

23 1970, $7,706,000 for fiscal year 1995 and

24 $7,983,000 for fiscal year 1996.
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1 (e) MARINE SERVICES.—There are author2 ized to be appropriated to the Secretary of

3 Commerce, to enable the National Oceanic

4 and Atmospheric Administration to carry out

5 marine services activities (including ship op6 erations, maintenance, and support) under

7 the Act of 1947 and any other law involving

8 those activities, $63,508,000 for fiscal year

9 1995 and $65,794,000 for fiscal year 1996.

10 TITLE IV—MISCELLANEOUS

11 NOAA PROGRAMS

12 SEC. 401. NAUTICAL PRODUCTS.

13 (a) DEPOSIT AND USE OF RECEIPTS FROM

14 NAUTICAL PRODUCTS.—Notwithstanding sec15 tion 1307(b) of title 44, United States Code,

16 one-sixth of the fees collected each fiscal year

17 from the sale of nautical products by the Na18 tional Oceanic and Atmospheric Administra19 tion and from any licensing of those products

20 by the National Oceanic and Atmospheric Ad21 ministration which is authorized by law—

22 (1) shall be deposited into the Oper23 ations, Research, and Facilities account

24 of the National Oceanic and Atmospheric

25 Administration; and
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1 (2) shall be available to the Secretary

2 of Commerce, in the manner provided for

3 under section 312(d) of the National Ma4 rine Sanctuaries Act, only for the acquisi5 tion and installation of Physical Ocean

6 Real-Time Systems, the acquisition and

7 maintenance of upgraded hydrographic

8 survey equipment, and other National

9 Ocean Service activities directly related

10 to the modernization and improvement of

11 maritime safety.

12 (b) BUDGETARY TREATMENT OF RECEIPTS

13 FROM NAUTICAL PRODUCTS.—Amounts depos14 ited and available to the Secretary of Com15 merce under subsection (a)(1) and (2)—

16 (1) shall not be considered to be off17 setting receipts of the National Oceanic

18 and Atmospheric Administration or the

19 Department of Commerce; and

20 (2) shall not be available for adminis21 trative costs of the National Oceanic and

22 Atmospheric Administration or the De23 partment of Commerce.

24 (c) DEPLOYMENT OF PHYSICAL OCEAN REAL

25 TIME SYSTEM.—No later than 270 days after
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1 the date of enactment of this Act, the Sec2 retary of Commerce shall deploy, in Galveston

3 Bay and the Houston Ship Channel a Physical

4 Ocean Real Time System consisting, at a mini5 mum, of current, wind, tide, salinity, and

6 water level measuring devices and necessary

7 computer links.

8 SEC. 402. USE OF OCEAN RESEARCH RESOURCES OF OTHER

9 FEDERAL AGENCIES.

10 (a) FINDINGS.—The Congress finds the fol11 lowing:

12 (1) Changes in the defense needs of

13 the United States have redefined the sta14 tus of many defense-related assets.

15 (2) Observing, monitoring, and pre16 dicting the ocean environment has been a

17 high priority for the defense community

18 to support ocean operations.

19 (3) Many advances in ocean research

20 have been made by the defense commu21 nity which could be shared with civilian

22 researchers.

23 (4) The National Oceanic and Atmos24 pheric Administration’s missions to de25 scribe and predict the ocean environ-
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1 ment, manage the Nation’s ocean and

2 coastal resources, and promote steward3 ship of the world’s oceans would benefit

4 from increased cooperation with defense

5 agencies.

6 (b) SENSE OF CONGRESS.—It is the sense of

7 the Congress that the National Oceanic and

8 Atmospheric Administration should expand

9 its efforts to develop interagency agreements

10 to further the use of defense-related tech11 nologies, data, and other resources to support

12 its oceanic missions.

13 (c) REPORT.—

14 (1) IN GENERAL.—Not later than 120

15 days after the date of the enactment of

16 this Act, the Secretary of Commerce shall

17 submit to the Committee on Merchant

18 Marine and Fisheries of the House of

19 Representatives and the Committee on

20 Commerce, Science, and Transportation

21 of the Senate a report on the feasibility of

22 expanding the use of defense-related

23 technologies, data, and other resources to

24 support and enhance the oceanic mis-
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1 sions of the National Oceanic and Atmos2 pheric Administration.

3 (2) CONTENTS.—The report required

4 under paragraph (1) shall include—

5 (A) a detailed listing of defense6 related resources currently available

7 to the National Oceanic and Atmos8 pheric Administration and the Na9 tional Oceanic and Atmospheric Ad10 ministration missions which utilize

11 those resources;

12 (B) detailed findings and rec13 ommendations, including funding re14 quirements, on the potential for ex15 panding the use of available defense16 related resources;

17 (C) a detailed listing and funding

18 history of the National Oceanic and

19 Atmospheric Administration re20 sources, including data and tech21 nology, which could be supplemented

22 by defense-related resources;

23 (D) a listing of currently unavail24 able defense-related resources, in25 cluding data and technology, which if
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1 made available would enhance the

2 National Oceanic and Atmospheric

3 Administration mission performance;

4 (E) recommendations on the regu5 latory and legislative structures need6 ed to maximize the use of defense-re7 lated resources;

8 (F) an assessment of the respec9 tive roles in the use of defense-relat10 ed resources of the Corps, data cen11 ters, operational centers, and re12 search facilities of the National Oce13 anic and Atmospheric Administra14 tion; and

15 (G) recommendations on how to

16 provide access to relevant defense-re17 lated data for non-Federal scientific

18 users.

19 SEC. 403. NAUTICAL CHARTING MODERNIZATION AND IM20 PROVEMENT.

21 (a) STUDY.—Not later than 270 days after

22 the date of the enactment of this Act, the Sec23 retary of Commerce shall submit to the Com24 mittee on Merchant Marine and Fisheries of

25 the House of Representatives and the Com-
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1 mittee on Commerce, Science, and Transpor2 tation of the Senate a report on the status of

3 National Oceanic and Atmospheric Adminis4 tration programs related to marine naviga5 tion safety.

6 (b) CONTENTS.—The study under sub7 section (a) shall include the funding history of

8 navigation-related programs of the National

9 Oceanic and Atmospheric Administration, ad10 justed for inflation, over at least the last 10

11 fiscal years, and detailed findings and rec12 ommendations on the following:

13 (1) The missions and objectives of Na14 tional Oceanic and Atmospheric Adminis15 tration’s navigation-related programs, in16 cluding regarding the statutory or other

17 authorities that enable or require the Na18 tional Oceanic and Atmospheric Adminis19 tration to conduct those programs.

20 (2) The technological, financial, or

21 other factors that limit the National Oce22 anic and Atmospheric Administration’s

23 ability to modernize its navigation-relat24 ed programs.
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1 (3) Near-term actions, without regard

2 to financial constraints, that are required

3 to enable National Oceanic and Atmos4 pheric Administration to address critical

5 deficiencies in its navigation-related pro6 grams.

7 (4) Actions that need to be taken to

8 allow the National Oceanic and Atmos9 pheric Administration to fulfill its navi10 gation-related responsibilities into the

11 21st century.

12 (5) A comparison of the resources and

13 activities of National Oceanic and Atmos14 pheric Administration’s navigation-relat15 ed programs with those of other Federal

16 agencies supporting the United States

17 maritime infrastructure.

18 (6) Past organizational changes with19 in the National Oceanic and Atmospheric

20 Administration and foreseeable future or21 ganizational changes that have affected,

22 or would affect, the ability of the Na23 tional Oceanic and Atmospheric Adminis24 tration to provide navigation-related

25 services.
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1 SEC. 404. WEST COAST GROUNDFISH LABORATORY.

2 In selecting a site for placement of a re3 placement for the National Marine Fisheries

4 Service Lab at Tiburon, California, the Sec5 retary of Commerce shall take into account

6 the following factors:

7 (1) The proximity of sites considered

8 to—

9 (A) groundfish fisheries, salmon

10 fisheries, and other unique marine

11 study areas;

12 (B) academic and private re13 search institutions which conduct rel14 evant marine habitat and environ15 mental research;

16 (C) other National Oceanic and

17 Atmospheric Administration research

18 and management elements; and

19 (D) other Federal, State, and pri20 vate marine related research facili21 ties.

22 (2) The ability of the National Oce23 anic and Atmospheric Administration to

24 retain current staff.
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1 (3) The relative construction and op2 eration costs, including the potential for

3 collocation with other Federal facilities.

4 SEC. 405. MARINE SANCTUARIES FACILITIES.

5 Not later than 120 days after the date of

6 the enactment of this Act, the Secretary of

7 Commerce shall report to the Committee on

8 Merchant Marine and Fisheries of the House

9 of Representatives and the Committee on

10 Commerce, Science, and Transportation of

11 the Senate on needs of the Department of

12 Commerce for facilities (including real prop13 erty for facilities) for the National Marine

14 Sanctuary Program established under the Na15 tional Marine Sanctuaries Act (16 U.S.C. 1431

16 et seq.).

17 SEC. 406. SAN FRANCISCO BAY PORT SYSTEM.

18 (a) IN GENERAL.—The Secretary of Com19 merce (hereinafter in this section referred to

20 as the ‘‘Secretary’’) shall establish for San

21 Francisco Bay in accordance with this section

22 the safe navigation system known as the

23 Physical Ocean Real Time System (known,

24 and hereinafter in this section referred to, as
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1 the ‘‘PORT System’’), after completion of im2 plementation of section 401(c).

3 (b) STUDY.—After completion of implemen4 tation of section 401(c), and not later than 1

5 year after the date of that completion, the

6 Secretary shall conduct a hydrodynamics

7 modeling study of San Francisco Bay to deter8 mine the appropriate technology and equip9 ment and the effective placement of instru10 ments for the establishment of the PORT Sys11 tem for San Francisco Bay.

12 (c) IMPLEMENTATION.—

13 (1) IN GENERAL.—Not later than 1 year

14 after the completion of the study under

15 subsection (b), the Secretary, in consulta16 tion with the State of California Office of

17 Oil Spill Prevention and Response and

18 subject to paragraph (2), shall acquire,

19 install, and activate appropriate equip20 ment to establish an operational PORT

21 System for the San Francisco Bay.

22 (2) CONDITION.—The Secretary may

23 not take any action under paragraph (1)

24 unless the State of California Office has

25 provided to the Secretary adequate as-
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1 surances that the State will fund the op2 eration and maintenance of the PORT

3 System for San Francisco Bay after its in4 stallation.

5 (d) AUTHORIZATION OF APPROPRIATIONS.—

6 There are authorized to be appropriated to

7 the Secretary to carry out this section

8 $4,200,000 for fiscal years 1995 and 1996.

9 SEC. 407. CONVEYANCE OF NATIONAL MARINE FISHERIES

10 SERVICE LABORATORY AT GLOUCESTER,

11 MASSACHUSETTS.

12 (a) CONVEYANCE REQUIRED.—

13 (1) IN GENERAL.—The Secretary of

14 Commerce shall convey to the Common15 wealth of Massachusetts, all right, title,

16 and interest of the United States in and

17 to the property comprising the National

18 Marine Fisheries Service laboratory lo19 cated on Emerson Avenue in Gloucester,

20 Massachusetts.

21 (2) TERMS.—A conveyance of property

22 under paragraph (1) shall be made—

23 (A) without payment of consider24 ation; and
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1 (B) subject to the terms and con2 ditions specified under subsections

3 (b) and (c).

4 (b) CONDITIONS FOR TRANSFER.—

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

6 conveyance of property under this sec7 tion, the Commonwealth of Massachu8 setts shall assume full responsibility for

9 maintenance of the property for as long

10 as the Commonwealth retains the right

11 and title to that property.

12 (2) CONTINUED USE OF PROPERTY BY

13 NMFS.—The Secretary may enter into a

14 memorandum of understanding with the

15 Commonwealth of Massachusetts under

16 which the National Marine Fisheries

17 Service is authorized to occupy existing

18 laboratory space on the property con19 veyed under this section, if—

20 (A) the term of the memorandum

21 of understanding is for a period of

22 not longer than 5 years beginning on

23 the date of enactment of this Act; and

24 (B) the square footage of the

25 space to be occupied by the National
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1 Marine Fisheries Service does not

2 conflict with the needs of, and is

3 agreeable to, the Commonwealth of

4 Massachusetts.

5 (c) REVERSIONARY INTEREST.—All right,

6 title, and interest in and to all property con7 veyed under this section shall revert to the

8 United States on the date on which the Com9 monwealth of Massachusetts uses any of the

10 property for any purpose other than the Com11 monwealth of Massachusetts Division of Ma12 rine Fisheries resource management pro13 gram.

14 SEC. 408. REIMBURSEMENT OF EXPENSES.

15 (a) IN GENERAL.—Notwithstanding section

16 3302 (b) and (c) of title 31, United States Code,

17 and subject to subsection (b) of this section,

18 all amounts received by the United States in

19 settlement of, or judgment for, damage claims

20 arising from the October 9, 1992, allision of

21 the vessel ZACHERY into the National Oce22 anic and Atmospheric Administration re23 search vessel DISCOVERER—

24 (1) shall be retained as an offsetting

25 collection in the Fleet Modernization,
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1 Shipbuilding, and Conversion account of

2 the National Oceanic and Atmospheric

3 Administration;

4 (2) shall be deposited in that account

5 upon receipt by the United States Gov6 ernment; and

7 (3) shall be available only for obliga8 tion for National Oceanic and Atmos9 pheric Administration vessel repairs.

10 (b) LIMITATION.—Not more than

11 $518,757.09 of the amounts referred to in sub12 section (a) may be deposited into the Fleet

13 Modernization, Shipbuilding, and Conversion

14 account pursuant to subsection (a).

15 SEC. 409. NOAA FLEET MODERNIZATION.

16 (a) AUTHORITY TO CONTRACT.—

17 (1) IN GENERAL.—The Secretary may

18 enter into only the following contracts in

19 fiscal years 1995 and 1996 to implement

20 the Plan:

21 (A) Repairs to extend the service

22 life of the R/V DISCOVERER.

23 (B) Construction of a medium en24 durance oceanographic research ves25 sel.
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1 (C) A service life extension of the

2 R/V DELAWARE II.

3 (D) Conversion of a T–AGOS ves4 sel for oceanographic research.

5 (E) Construction of a coastal/low

6 endurance vessel for living marine re7 search.

8 (F) Leasing to fulfill any NOAA

9 mission requirements.

10 (G) Necessary repairs to and

11 maintenance of any vessel in the

12 NOAA fleet, subject to subsection (b).

13 (H) Necessary requirements, de14 signs, and specifications for future

15 vessel repair, conversion, construc16 tion, or lease.

17 (2) CONTRACT DEFINED.—Section 602 of

18 the NOAA Fleet Modernization Act (33

19 U.S.C. 891) is amended by adding at the

20 end the following:

21 ‘‘(6) ‘contract’ means any contract or

22 other agreement for the construction,

23 conversion, lease, chartering, service life

24 extension, or repair or maintenance of

25 any vessel of the NOAA fleet, and provi-
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1 sion of related equipment, including the

2 development of any necessary require3 ment, design, or specification. The term

4 includes contracts entered into on behalf

5 of the Secretary by another Federal de6 partment, agency, or instrumentality, if

7 the vessel which is the subject of the con8 tract will be operated by or for the bene9 fit of the Department of Commerce.’’.

10 (b) LIMITATION ON EXPENDITURES FOR RE11 PAIRS AND MAINTENANCE.—Notwithstanding

12 any other law, of the total amount appro13 priated for fiscal years 1991 through 1996 to

14 the Fleet Modernization, Shipbuilding, and

15 Conversion account of the National Oceanic

16 and Atmospheric Administration, not more

17 than 20 percent may be expended by the Sec18 retary for repairs and maintenance of vessels

19 in the NOAA fleet.

20 (c) LEASING AND CONTRACTS.—

21 (1) IN GENERAL.—The Secretary shall

22 for each of fiscal years 1995 and 1996,

23 enter into contracts or service contracts

24 under the NOAA Fleet Modernization Act

25 (33 U.S.C. 891 et seq.) to use University-
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1 National Oceanographic Laboratory Sys2 tem or non-Federal vessels.

3 (2) AMOUNT SUBJECT TO OBLIGATION.—

4 Amounts subject to obligation under

5 paragraph (1) shall be, for each fiscal

6 year, the greater of $6,000,000 or 10 per7 cent of the amounts appropriated to the

8 Fleet Modernization, Shipbuilding, and

9 Conversion account for fiscal years 1995

10 and 1996.

11 (d) DEFINITIONS.—In this section each of

12 the terms ‘‘contract’’, ‘‘NOAA’’, ‘‘NOAA fleet’’,

13 ‘‘Plan’’, and ‘‘Secretary’’ has the meaning

14 given to that term in section 602 of the NOAA

15 Fleet Modernization Act (33 U.S.C. 891), as

16 amended by this section.

17 SEC. 410. STUDY OF NOAA CORPS.

18 (a) STUDY.—The Secretary of Commerce

19 shall, subject to the availability of appropria20 tions, contract with the Marine Board of the

21 National Research Council to examine and re22 port to the Secretary on the appropriate role

23 of the National Oceanic and Atmospheric Ad24 ministration Corps in supporting NOAA mis25 sions. In particular, the Marine Board shall—
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1 (1) examine whether there is a contin2 ued need for a uniformed service to oper3 ate the NOAA fleet, fly weather observa4 tions, conduct hydrographic surveys,

5 manage national marine sanctuaries, con6 duct NOAA research, and participate in

7 other NOAA activities;

8 (2) examine the role of the NOAA

9 Corps in modernizing the NOAA fleet and

10 the involvement of the NOAA Corps in

11 obtaining efficient, effective, low-cost

12 ship support of NOAA missions;

13 (3) compare the full costs of utilizing

14 the services of the NOAA Corps compared

15 to civilian employees in similar positions;

16 and

17 (4) determine whether adequately

18 trained civilian employees are available

19 to fill NOAA Corps positions.

20 (b) DEADLINE.—No later than 1 year after

21 the date of enactment of this Act, the Sec22 retary of Commerce shall submit the report of

23 the Marine Board under subsection (a) to the

24 Committee on Merchant Marine and Fisheries

25 of the House of Representatives and the Com-
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1 mittee on Commerce, Science, and Transpor2 tation of the Senate.

3 (c) DEFINITIONS.—In this section, the defi4 nitions in section 409(d) apply.

5 (d) AUTHORIZATION OF APPROPRIATIONS.—

6 There is authorized to be appropriated to the

7 Secretary of Commerce to carry out this sec8 tion a total of $100,000 for fiscal years 1995

9 and 1996, to remain available until expended.

10 SEC. 411. UNDERSEA RESEARCH PROGRAM.

11 (a) ESTABLISHMENT.—There is established

12 in the National Oceanic and Atmospheric Ad13 ministration a program to be known as the

14 National Undersea Research Program. The

15 head of the Program shall be the National Un16 dersea Research Program Director. The Pro17 gram shall be conducted at centers which

18 shall each be known as a National Undersea

19 Research Program Center. Each Center shall

20 be administered by a Center Director.

21 (b) PROGRAM PURPOSE.—The National Un22 dersea Research Program shall develop,

23 maintain, and conduct undersea research pro24 grams to enhance the understanding of proc25 esses in the oceans, coastal areas, and large
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1 lakes of the world through the use and devel2 opment of undersea technologies.

3 (c) CENTER FOR GULF OF MEXICO REGION.—

4 (1) ESTABLISHMENT.—Not later than 60

5 days after the date of the enactment of

6 this Act, the Secretary of Commerce shall

7 establish and maintain, at a qualified

8 public institution, a National Undersea

9 Research Program center for the Gulf of

10 Mexico to carry out the National Under11 sea Research Program for the Gulf of

12 Mexico region.

13 (2) DEFINITION.—For purposes of this

14 subsection, ‘‘qualified public institution’’

15 means a public institution or consortium

16 of public institutions of higher education

17 located directly on the coastline of, or

18 having direct access to, the Gulf of Mex19 ico.

20 (3) LIMITATION.—In carrying out this

21 subsection, the Secretary of Commerce

22 shall not reduce amounts available for

23 carrying out the Memorandum of Agree24 ment Concerning Support of a National
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1 Academic Deep Submergence Facility of

2 Scientific Use.

3 (d) SOLICITATION OF PROPOSALS FOR NEW

4 CENTERS.—

5 (1) IN GENERAL.—The Under Secretary

6 may solicit proposals for the establish7 ment of a new Center from institutions of

8 higher education or oceanographic re9 search.

10 (2) PROPOSAL REQUIREMENTS.—A pro11 posal submitted under this subsection

12 shall consist of—

13 (A) a proposed science program;

14 (B) a program management plan;

15 (C) a description of the facilities

16 of the institution at which the Center

17 is proposed to be established;

18 (D) a description of relevant capa19 bilities of that institution;

20 (E) an operational safety plan;

21 (F) mechanisms for information

22 transfer;

23 (G) a budget for the proposed

24 Center; and
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1 (H) any other information the

2 Under Secretary considers necessary.

3 (e) REVIEW OF PROPOSALS.—The Under

4 Secretary shall review each proposal submit5 ted by an institution under subsection (d) on

6 the basis of—

7 (1) relevance of the proposal to prior8 ity research areas; and

9 (2) the capability of the institution at

10 which the new Center is proposed to be

11 established to administer and direct re12 search in those areas.

13 (f) CENTER DIRECTOR.—Each institution at

14 which a new Center is established under this

15 section may select, in consultation with the

16 Under Secretary, an individual who shall be

17 the Center Director of that Center.

18 (g) 6-YEAR REVIEW OF CENTERS AND RE19 GIONS.—

20 (1) IN GENERAL.—Every 6 years the

21 Under Secretary shall jointly review—

22 (A) the operation of each Center,

23 except that in the case of a Center in

24 existence on the day before the date

25 of the enactment of this Act, the first
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1 review of the Center shall be com2 pleted by not later than the date

3 which is 5 years after that date of en4 actment; and

5 (B) the configuration of the un6 dersea regions for which those Cen7 ters are responsible, to determine

8 whether those regions meet scientific

9 needs for research in priority re10 search areas.

11 (2) CONTENT OF REVIEW.—A review of a

12 Center under this subsection shall con13 sist of—

14 (A) an evaluation of the quality of

15 the research conducted at the Center

16 under the Program and the applica17 bility of the research to the priority

18 research areas;

19 (B) recommendations for changes

20 in the scientific research program

21 and the operation of the Center, that

22 are considered beneficial by the

23 Under Secretary;

24 (C) a determination of whether

25 the continued operation of the Center
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1 will increase knowledge in the prior2 ity research areas; and

3 (D) recommendations for the

4 modification of the undersea regions

5 of the Center.

6 (3) ESTABLISHMENT OF NEW CENTER AT

7 DIFFERENT INSTITUTION.—If the Under Sec8 retary determines as a result of a review

9 under this subsection that continued op10 eration of a Center for an undersea re11 gion is not warranted, the Under Sec12 retary—

13 (A) shall provide notification of

14 that determination to the Center, in15 cluding a description of any changes

16 in the operations of the Center the

17 Under Secretary considers necessary

18 for continued operation of the Cen19 ter;

20 (B) shall after 18 months after

21 providing that notice, and not later

22 than 2 years after providing that no23 tice, review the implementation of

24 those changes by the Center; and
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1 (C) may establish, at a different

2 institution of higher education or

3 oceanographic research, a new Cen4 ter for the same undersea region in

5 accordance with this section, if the

6 Under Secretary determines as a re7 sult of the review under subpara8 graph (B) that those changes are not

9 implemented.

10 (h) INDIVIDUAL RESEARCH PROPOSALS.—

11 Each Center Director shall annually solicit in12 dividual proposals from the scientific commu13 nity for research to advance the priority re14 search areas of the Program. Research under

15 each proposal shall be primarily conducted

16 within the undersea region of the Center of

17 the Center Director, but may be conducted in

18 another undersea region in cooperation with

19 the Center for that other region, or other geo20 graphic areas with the approval of the Pro21 gram Director. Proposals under this sub22 section may be for multiyear research. Each

23 proposal under this subsection shall be sub24 ject to peer review.

25 (i) DEFINITIONS.—In this section:
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1 (1) CENTER.—The term ‘‘Center’’

2 means a National Undersea Research

3 Program Center.

4 (2) PROGRAM.—The term ‘‘Program’’

5 means the National Undersea Research

6 Program established by subsection (a).

7 (3) PROGRAM DIRECTOR.—The term

8 ‘‘Program Director’’ means the National

9 Undersea Research Program Director.

10 (4) UNDER SECRETARY.—The term

11 ‘‘Under Secretary’’ means the Under Sec12 retary of Commerce for Oceans and At13 mosphere.

14 SEC. 412. REPORT ON RESEARCH AND EFFECTS OF CLI15 MATE AND GLOBAL CHANGE ON FRESH16 WATER SYSTEMS.

17 Within 60 days after the date of submis18 sion of the President’s budget request for

19 each of fiscal years 1996 and 1997, the Sec20 retary of Commerce shall submit a report to

21 the Committee on Merchant Marine and Fish22 eries of the House of Representatives and the

23 Committee on Commerce, Science, and Trans24 portation of the Senate, on—
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1 (1) the amount of funds allocated and

2 the activities supported for research on

3 the effects of climate and global change

4 on the Nation’s major freshwater systems,

5 including international commitments;

6 (2) the criteria used in determining

7 those allocations and in selecting those

8 activities; and

9 (3) specific proposed agency plans for

10 implementing research programs and ac11 tivities to evaluate the effects of climate

12 and global change on the Nation’s major

13 freshwater systems.

14 SEC. 413. PROMOTION AND COORDINATION OF NATIONAL

15 ESTUARINE RESEARCH RESERVES.

16 The Secretary of Commerce shall take

17 such action as is necessary and reasonable to

18 promote and coordinate the use of National

19 Estuarine Research Reserves for research,

20 monitoring, and education purposes. Such ac21 tion may include consulting with Federal

22 agencies, States, local governments, regional

23 agencies, interstate agencies, or other persons

24 to promote use of one or more such reserves

25 for research, monitoring, and education, in-
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1 cluding coordination with the National Ma2 rine Sanctuaries Program.

3 SEC. 414. STUDY ON EFFECTS OF DOLPHIN FEEDING.

4 (a) STUDY.—The Secretary of Commerce

5 shall conduct a study on the effects of feeding

6 noncaptive dolphins in the Gulf of Mexico and

7 Southern Atlantic Ocean. The study shall con8 sider the potential impacts on the behavior or

9 general health of wild populations of dolphins

10 resulting from this feeding.

11 (b) USE OF THE STUDY.—The Secretary of

12 Commerce shall use the results of the study

13 required under subsection (a) in determining

14 whether and under what conditions feeding

15 noncaptive dolphins may be authorized.

16 (c) REPORT.—Within 1 year after the date

17 of enactment of this Act, the Secretary shall

18 submit to the Committee on Merchant Marine

19 and Fisheries of the House of Representatives

20 and the Committee on Commerce, Science,

21 and Transportation of the Senate a report on

22 the results of the study.
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1 SEC. 415. FLOWER GARDEN BANKS BOUNDARY MODIFICA2 TION.

3 (a) MODIFICATION.—Notwithstanding sec4 tion 304 of the National Marine Sanctuaries

5 Act (16 U.S.C. 1434), the boundaries of the

6 Flower Garden Banks National Marine Sanc7 tuary, as designated by Public Law 102–251,

8 are amended to include the area described in

9 subsection (d), popularly known as Stetson

10 Bank. This area shall be part of the Flower

11 Garden Banks National Marine Sanctuary

12 and shall be managed and regulated as

13 though it had been designated by the Sec14 retary of Commerce under the National Ma15 rine Sanctuaries Act.

16 (b) DEPICTION OF SANCTUARY BOUND17 ARIES.—The Secretary of Commerce shall—

18 (1) prepare a chart depicting the

19 boundaries of the Flower Garden Banks

20 National Marine Sanctuary, as modified

21 by this section; and

22 (2) submit copies of this chart to the

23 Committee on Merchant Marine and Fish24 eries of the House of Representatives and

25 the Committee on Commerce, Science,

26 and Transportation of the Senate.
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1 (c) APPLICATION OF REGULATIONS.—Regula2 tions issued by the Secretary of Commerce to

3 implement the designation of the Flower Gar4 den Banks National Marine Sanctuary shall

5 apply to the area described in subsection (d),

6 unless modified by the Secretary. This sub7 section shall take effect 45 days after the date

8 of enactment of this Act.

9 (d) AREA DESCRIBED.—

10 (1) IN GENERAL.—Except as provided

11 in paragraph (2), the area referred to in

12 subsections (a), (b), and (c) is the area

13 that is—

14 (A) generally depicted on the De15 partment of the Interior, Minerals

16 Management Service map titled

17 ‘‘Western Gulf of Mexico, Lease Sale

18 143, September 1993, Biologically Sen19 sitive Areas, Map 3 of 3, Final’’;

20 (B) labeled ‘‘Stetson’’ on the High

21 Island Area South Addition diagram

22 on that map; and

23 (C) within the 52 meter isobath.

24 (2) MINOR BOUNDARY ADJUSTMENTS.—

25 The Secretary of Commerce may make
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1 minor adjustments to the boundaries of

2 the area described in paragraph (1) as

3 necessary to protect the living coral re4 sources of Stetson Bank or to simplify ad5 ministration of the Flower Garden Banks

6 National Marine Sanctuary.

7 (e) PUBLICATION OF NOTICE.—

8 (1) IN GENERAL.—The Secretary of

9 Commerce shall, as soon as practicable

10 after the date of the enactment of this

11 Act, publish in the Federal Register a no12 tice describing—

13 (A) the boundaries of the Flower

14 Garden Banks National Marine Sanc15 tuary, as modified by this section,

16 and

17 (B) any modification of regula18 tions applicable to that Sanctuary

19 that are necessary to implement that

20 modification of the boundaries of the

21 Sanctuary.

22 (2) TREATMENT AS NOTICE REQUIRED

23 UNDER NATIONAL MARINE SANCTUARIES

24 ACT.—A notice published under para25 graph (1) shall be considered to be the
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1 notice required to be published under

2 section 304(b)(1) of the National Marine

3 Sanctuaries Act (16 U.S.C. 1434).

4 SEC. 416. AMENDMENTS RELATING TO NATIONAL COASTAL

5 RESOURCES RESEARCH AND DEVELOPMENT

6 INSTITUTE.

7 (a) ADMINISTRATION OF INSTITUTE.—Section

8 201(a) of the Act entitled ‘‘An Act to authorize

9 appropriations to carry out the Marine Mam10 mal Protection Act of 1972, for fiscal years

11 1985 through 1988, and for other purposes’’

12 (16 U.S.C. 1463b(a)) is amended by striking

13 ‘‘by the Oregon State Marine Science Center’’

14 and inserting ‘‘by the Oregon State System of

15 Higher Education’’.

16 (b) FUNCTIONS OF INSTITUTE.—Section

17 201(b) of such Act (16 U.S.C. 1463b(b)) is

18 amended to read as follows:

19 ‘‘(b) The Institute shall promote the eco20 nomic growth and prosperity of the United

21 States by transferring research and tech22 nology into applications to improve the eco23 nomic, environmental, and social well-being

24 of the Nation’s coastal communities and the

25 competitiveness of coastal businesses.’’.
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1 (c) MEMBERSHIP OF BOARD OF GOV2 ERNORS.—Section 201(c)(1) of such Act (16

3 U.S.C. 1463b(c)(1)) is amended to read as fol4 lows:

5 ‘‘(c)(1) The policies of the Institute shall

6 be determined by a Board of Governors com7 posed of—

8 ‘‘(A) 1 representative appointed by

9 the Chancellor of the Oregon State Sys10 tem of Higher Education; and

11 ‘‘(B) 1 representative of each of the

12 following regions, appointed jointly by

13 Governors of the States comprising that

14 region:

15 ‘‘(i) The Alaska region, consisting

16 of Alaska.

17 ‘‘(ii) The Northwest Pacific Coast

18 region, consisting of Oregon and

19 Washington.

20 ‘‘(iii) The Southwest Pacific Coast

21 region, consisting of California.

22 ‘‘(iv) The Pacific Islands region,

23 consisting of Hawaii, American

24 Samoa, and Guam.
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1 ‘‘(v) The Great Lakes region, con2 sisting of Pennsylvania, Ohio, Michi3 gan, Indiana, Illinois, Wisconsin, and

4 Minnesota.

5 ‘‘(vi) The Gulf Coast region, con6 sisting of Texas, Louisiana, Mis7 sissippi, and Alabama.

8 ‘‘(vii) The South Atlantic and Car9 ibbean region, consisting of South

10 Carolina, Georgia, Florida, Puerto

11 Rico, and the U.S. Virgin Islands.

12 ‘‘(viii) The Mid-Atlantic region,

13 consisting of Delaware, Maryland,

14 Virginia, and North Carolina.

15 ‘‘(ix) The North Atlantic region,

16 consisting of New Jersey, New York,

17 Connecticut, Rhode Island, Massachu18 setts, New Hampshire, and Maine.’’.

19 (d) ADVISORY COUNCIL.—Section 201(d)(1)

20 of such Act (16 U.S.C. 1463b(d)(1)) is amended

21 by inserting ‘‘and leaders in coastal commu22 nities and businesses’’ after ‘‘community’’.

23 (e) CONFORMING AMENDMENT.—Section

24 201(e) of such Act (16 U.S.C. 1463b(e)) is

25 amended by striking ‘‘Oregon Board of Higher
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1 Education’’ and inserting ‘‘Oregon State Sys2 tem of Higher Education’’.

3 (f) REPORTS.—Section 201(g) of such Act

4 (16 U.S.C. 1463b(g)) is amended to read as fol5 lows:

6 ‘‘(g) The Institute shall report to the Con7 gress on its activities annually, and shall re8 port to the Secretary of Commerce in a like

9 manner biennially.’’.

10 SEC. 417. SENSE OF CONGRESS REGARDING PROMOTION

11 OF MINORITIES AND WOMEN IN COASTAL

12 AND OCEAN PROGRAMS.

13 It is the sense of the Congress that the Na14 tional Oceanic and Atmospheric Administra15 tion should develop and promote programs

16 that reach out to and recruit minorities and

17 women for education in the sciences and take

18 actions to increase the direct involvement of

19 underrepresented minorities in coastal and

20 ocean resource stewardship programs carried

21 out directly by the National Oceanic and At22 mospheric Administration and in partnership

23 with State and local governments, univer24 sities, and other entities. To this end, the Na25 tional Oceanic and Atmospheric Administra-
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1 tion should create minority internship pro2 grams to develop a pool of professionals in

3 coastal and ocean science and management,

4 and to make these programs an eligible use of

5 grant and program funds distributed by the

6 National Oceanic and Atmospheric Adminis7 tration to States, universities, and other enti8 ties.

9 SEC. 418. CHESAPEAKE BAY.

10 (a) REPEAL.—If by December 1, 1994, the

11 Secretary of Commerce fails to obligate all

12 funds appropriated to the Secretary of Com13 merce by Public Law 103–121 for oyster dis14 ease research, section 307 of the National Oce15 anic and Atmospheric Administration Act of

16 1992 (15 U.S.C. 1511d), requiring the establish17 ment of a National Oceanic and Atmospheric

18 Administration Chesapeake Bay Estuarine

19 Resources Office, is repealed.

20 (b) ASSIGNMENT OF FUNCTIONS.—If section

21 307 of the National Oceanic and Atmospheric

22 Administration Act of 1992 (15 U.S.C. 1511d) is

23 repealed by subsection (a), the Secretary of

24 Commerce shall immediately—
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1 (1) enter into a cooperative agree2 ment with the directors of the Maryland

3 and Virginia Sea Grant colleges to admin4 ister all funds appropriated to the Sec5 retary of Commerce under any law for

6 oyster disease research and Chesapeake

7 Bay studies; and

8 (2) transfer the functions of the

9 former National Oceanic and Atmos10 pheric Administration Chesapeake Bay

11 Estuarine Resources Office to the Direc12 tor of the Coastal Ocean Program.

13 The Director may delegate any of the func14 tions transferred under paragraph (2) to the

15 directors of the Maryland and Virginia Sea

16 Grant colleges under the cooperative agree17 ment required under paragraph (1).

18 (c) REPEAL AND AUTHORIZATION OF APPRO19 PRIATIONS.—

20 (1) REPEAL.—Section 2(e) of the Na21 tional Oceanic and Atmospheric Adminis22 tration Marine Fisheries Program Au23 thorization Act (Public Law 98–210, 97

24 Stat. 1409) is repealed.
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1 (2) AUTHORIZATION.—There is author2 ized to be appropriated to the Secretary

3 of Commerce to implement section 307 of

4 the National Oceanic and Atmospheric

5 Administration Act of 1992 (15 U.S.C.

6 1511d) and this section, $2,500,000 for

7 each of fiscal years 1995 and 1996, to re8 main available until expended.

9 SEC. 419. WEATHER REPORTING STATIONS FOR PRINCE

10 WILLIAM SOUND.

11 (a) INSTALLATION.—To provide more com12 prehensive weather information to ensure the

13 safety of fishermen and tank vessels and to

14 protect the resources of Prince William Sound

15 from potential oil spills, the Secretary of Com16 merce may expend $340,000 to acquire, con17 struct, and install weather reporting stations

18 in Prince William Sound, Alaska, as follows:

19 (1) In the vicinity of Seal Rocks, to ac20 quire and install a weather buoy capable

21 of measuring and reporting wind speed

22 and direction, barometric pressure, wave

23 height and period, and air temperature.

24 (2) On the existing tower at Bligh

25 Reef, to acquire and install a weather in-
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1 strument capable of measuring and re2 porting wind speed and direction.

3 (3) At Potato Point, to relocate the ex4 isting anemometer to a more exposed lo5 cation in order to provide more accurate

6 information.

7 (4) At the Hinchinbrook Lighthouse

8 site, to acquire and install an anemom9 eter.

10 (b) MAINTENANCE.—The Secretary of Com11 merce may expend $160,000 in each of fiscal

12 years 1995 and 1996 to maintain the equip13 ment identified in subsection (a).

14 SEC. 420. LIMITATION ON APPROPRIATIONS.

15 Notwithstanding any other provision of

16 this Act, no funds are authorized to be appro17 priated for carrying out the programs for

18 which funds are authorized by this Act for

19 any fiscal year after fiscal year 1996.

20 SEC. 421. PURCHASE OF REMOTELY SENSED SCIENCE

21 DATA.

22 (a) IN GENERAL.—To the maximum extent

23 possible, the Secretary of Commerce shall

24 purchase from the private sector remotely

25 sensed science data. Examples of such data in-
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1 clude scientific data concerning the impact of

2 oceans worldwide on global climate change

3 and concerning the condition of the oceans.

4 (b) COMPETITIVE BIDDING.—(1) Contracts

5 for the purchase of remotely sensed data

6 under this section shall be awarded in a proc7 ess of full, fair, and open competitive bidding.

8 (2) Submission of cost data, either for the

9 purposes of supporting the bid or fulfillment

10 of the contract, shall not be required of bid11 ders.

12 (3) Conformance with military specifica13 tions (Milspec) or Department of Commerce

14 specifications systems with respect to the de15 sign, construction, or operation of equipment

16 used in obtaining remotely sensed data under

17 contracts entered into under this section shall

18 not be a requirement for a commercial pro19 vider bidding to provide such services.

20 (4) Contracts under this section shall not

21 provide for the Federal Government to obtain

22 ownership of data not specifically sought by

23 the Federal Government.
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1 SEC. 422. PURCHASE OF AMERICAN-MADE EQUIPMENT AND

2 PRODUCTS.

3 (a) SENSE OF CONGRESS.—It is the sense of

4 Congress that, to the greatest extent prac5 ticable, all equipment and products pur6 chased with funds made available in this Act

7 should be American-made.

8 (b) NOTICE REQUIREMENT.—In providing fi9 nancial assistance to, or entering into any

10 contract with, any entity using funds made

11 available in this Act, the head of each Federal

12 agency, to the greatest extent practicable,

13 shall provide to such entity a notice describ14 ing the statement made in subsection (a) by

15 the Congress.

16 TITLE V—GREAT LAKES

17 IMPROVEMENTS

18 SEC. 501. SHORT TITLE.

19 This title may be cited as the ‘‘National

20 Oceanic and Atmospheric Administration

21 Great Lakes Improvements Act’’.

22 SEC. 502. GREAT LAKES OFFICE.

23 (a) ESTABLISHMENT.—The Under Secretary

24 may establish and maintain within the Ad25 ministration a Great Lakes Office in the

26 Washington, District of Columbia area.
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1 (b) PURPOSE.—The purpose of the Great

2 Lakes Office shall be to promote and coordi3 nate Administration research, monitoring,

4 and assessment work in the Great Lakes re5 gion consistent with the goals of the Great

6 Lakes Water Quality Agreement.

7 (c) DIRECTOR.—The Director of the Great

8 Lakes Office shall be an individual with ex9 tensive knowledge and expertise in the Great

10 Lakes ecosystem, and with appropriate ad11 ministrative experience.

12 SEC. 503. GREAT LAKES REPORT.

13 (a) CONTENTS.—Subject to the availability

14 of appropriations under section 505, the

15 Under Secretary, in consultation with the Di16 rector of the Great Lakes Office if established,

17 shall prepare and submit to Congress an an18 nual Great Lakes Report in accordance with

19 this section. The Report shall provide infor20 mation relating to Great Lakes ecosystem re21 search, monitoring, and assessment, includ22 ing—

23 (1) the individual activities, projects,

24 or proposals conducted by the Adminis25 tration in the previous fiscal year, includ-
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1 ing a summary of funds expended in sup2 port of these activities, projects, or pro3 posals;

4 (2) the amount of funds received from

5 the Administration by each State or local

6 government unit bordering the Great

7 Lakes;

8 (3) the amount of funds received by

9 individuals or institutions residing or lo10 cated within a State bordering the Great

11 Lakes;

12 (4) an inventory of Administration fa13 cilities and personnel located in a State

14 bordering the Great Lakes or in the

15 Great Lakes used to conduct or support

16 Administration-funded activities, proj17 ects, or proposals in the Great Lakes, in18 cluding vessels;

19 (5) the proposed Administration ac20 tivities, projects, and proposals to benefit

21 the Great Lakes ecosystem for the cur22 rent fiscal year, including requested

23 funds; and

24 (6) a proposal for increasing the pres25 ence of the Administration in the Great
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1 Lakes, and improving the coordination of

2 research within the Administration and

3 with other entities, including the Govern4 ment of Canada.

5 (b) DEADLINE.—Subject to the availability

6 of appropriations under section 505, the

7 Under Secretary shall submit the Great Lakes

8 Report to the Congress by October 1 of 1995,

9 1996, 1997, and 1998.

10 SEC. 504. DEFINITIONS.

11 In this title—

12 (1) the term ‘‘Administration’’ means

13 the National Oceanic and Atmospheric

14 Administration;

15 (2) the term ‘‘Great Lakes’’ means—

16 (A) Lake Erie, Lake Huron, Lake

17 Michigan, Lake Ontario, and Lake Su18 perior;

19 (B) their connecting waters, in20 cluding the St. Marys River, the St.

21 Clair River, Lake St. Clair, the De22 troit River, and the Niagara River;

23 and

24 (C) the St. Lawrence River;
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1 (3) the term ‘‘Great Lakes Water Qual2 ity Agreement’’ means the bilateral agree3 ment between the United States and Can4 ada which was signed in 1978 and amend5 ed by the Protocol of 1987; and

6 (4) the term ‘‘Under Secretary’’ means

7 the Under Secretary of Commerce for

8 Oceans and Atmosphere.

9 SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

10 There is authorized to be appropriated to

11 the Under Secretary to carry out this title

12 $100,000 for each of fiscal years 1995, 1996,

13 1997, and 1998.

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