II

103D CONGRESS

2D SESSION S. 2432

To authorize appropriations for the National Oceanic and Atmospheric

Administration for Fiscal Year 1995, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 13 (legislative day, SEPTEMBER 12), 1994

Mr. KERRY (for himself and Mr. STEVENS) introduced the following bill;

which was read twice and referred to the Committee on Commerce,

Science, and Transportation

A BILL

To authorize appropriations for the National Oceanic and

Atmospheric Administration for Fiscal Year 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 ex-
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1 penses of the Signal Corps of the Army, and to

2 transfer the Weather Bureau of the Department of

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

4 653); and

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

6 Act to define the functions and duties of the Coast

7 and Geodetic Survey, and for other purposes’’, ap8 proved August 6, 1947 (33 U.S.C. 883a et seq.).

9 TITLE I—NOAA ATMOSPHERIC AND

10 SATELLITE PROGRAMS

11 SEC. 101. NATIONAL WEATHER SERVICE OPERATIONS AND

12 RESEARCH.

13 There are authorized to be appropriated to the Sec14 retary of Commerce, to enable the National Oceanic and

15 Atmospheric Administration to carry out the operations

16 and research activities of the National Weather Service

17 under law, $526,277,000 for fiscal year 1995. Moneys ap18 propriated pursuant to this authorization shall be used to

19 fund those activities relating to National Weather Service

20 operations and research specified by the Act of 1890, the

21 Act of 1947, and any other law involving such activities.

22 Such activities include meteorological, hydrological, and

23 oceanographic public warnings and forecasts, as well as

24 applied research in support of such warnings and fore25 casts.
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1 SEC. 102. PUBLIC WARNING AND FORECAST SYSTEMS.

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

4 Atmospheric Administration to improve its public warning

5 and forecast systems under law, $160,599,000 for fiscal

6 year 1995. Moneys appropriated pursuant to this author7 ization shall be used to fund those activities relating to

8 public warning and forecast systems specified by the Act

9 of 1890, the Act of 1947, and any other law involving such

10 activities. Such activities include the development, acquisi11 tion, and implementation of major public warning and

12 forecast systems.

13 SEC. 103. CLIMATE AND AIR QUALITY RESEARCH.

14 (a) IN GENERAL.—There are authorized to be appro15 priated to the Secretary of Commerce, to enable the Na16 tional Oceanic and Atmospheric Administration to carry

17 out its climate and air quality research activities under

18 law, $139,023,000 for fiscal year 1995. Moneys appro19 priated pursuant to this authorization shall be used to

20 fund those activities relating to climate and air quality re21 search specified by the Act of 1890, the Act of 1947, and

22 any other law involving such activities. Such activities in23 clude interannual and seasonal climate research, long-term

24 climate and air quality research, high performance com25 puting, elementary education programs to augment global

26 observation systems, and the National Climate Program.
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1 (b) CLIMATE AND GLOBAL CHANGE.—Of the sums

2 authorized under subsection (a), $84,012,000 for fiscal

3 year 1995 are authorized to be appropriated for the pur4 poses of studying climate and global change. Such pro5 gram shall augment and integrate existing programs of

6 the National Oceanic and Atmospheric Administration

7 and shall include global observations, monitoring, and

8 data and information management relating to the study

9 of changes in the Earth’s climatic system, fundamental

10 research on critical oceanic and atmospheric processes,

11 and climate prediction and diagnostics.

12 SEC. 104. ATMOSPHERIC RESEARCH.

13 There are authorized to be appropriated to the Sec14 retary of Commerce, to enable the National Oceanic and

15 Atmospheric Administration to carry out its atmospheric

16 research activities under law, $47,020,000 for fiscal year

17 1995. Money appropriated pursuant to this authorization

18 shall be used to fund those activities relating to atmos19 pheric research specified by the Act of 1890 and by any

20 other law involving such activities. Such activities include

21 research for developing improved observation and pre22 diction capabilities for atmospheric processes, as well as

23 solar-terrestrial services and research.
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1 SEC. 105. SATELLITE OBSERVING SYSTEMS.

2 (a) IN GENERAL.—There are authorized to be appro3 priated to the Secretary of Commerce, to enable the Na4 tional Oceanic and Atmospheric Administration to carry

5 out its satellite observing systems activities under law,

6 $366,201,000 for fiscal year 1995. Moneys appropriated

7 pursuant to this authorization shall be used to fund those

8 activities relating to data and information services speci9 fied by the Act of 1890 and by any other law involving

10 such activities. Such activities include spacecraft procure11 ment, launch, and associated ground station system

12 changes involving polar orbiting and geostationary envi13 ronmental satellites and land remote-sensing satellites, as

14 well as the operation of such satellites.

15 SEC. 106. DATA AND INFORMATION SYSTEMS.

16 There are authorized to be appropriated to the Sec17 retary of Commerce, to enable the National Oceanic and

18 Atmospheric Administration to carry out its data and in19 formation services activities under law, $35,087,000 for

20 fiscal year 1995. Moneys appropriated pursuant to this

21 authorization shall be used to fund those activities relating

22 to data and information services specified by the Act of

23 1890 and by any other law involving such activities. Such

24 activities include climate data services, ocean data serv25 ices, geophysical data services, environmental data serv26 ices, and information services.
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1 TITLE II—NOAA OCEAN AND COASTAL

2 PROGRAMS

3 SEC. 201. NATIONAL OCEAN SERVICE.

4 (a) MAPPING, CHARTING, AND GEODESY.—There are

5 authorized to be appropriated to the Secretary of Com6 merce, to enable the National Oceanic and Atmospheric

7 Administration to carry out mapping, charting, and geod8 esy activities (including geodetic data collection and analy9 sis) under the Act of 1947 and any other law involving

10 those activities, $54,012,000 for fiscal year 1995.

11 (b) OBSERVATION AND ASSESSMENT.—There are au12 thorized to be appropriated to the Secretary of Commerce,

13 to enable the National Oceanic and Atmospheric Adminis14 tration to carry out observation and assessment activi15 ties—

16 (1) under the Act of 1947 and any other law

17 involving those activities, $68,546,000 for fiscal year

18 1995; and

19 (2) under title II of the Marine Protection, Re20 search, and Sanctuaries Act of 1972 (33 U.S.C.

21 1441 et seq.) $13,000,000 for fiscal year 1995.

22 (c) COASTAL OCEAN PROGRAM.—Of the sums au23 thorized under subsection (b)(1), $11,433,000 for fiscal

24 year 1995 are authorized to be appropriated for the pur25 poses of conducting a Coastal Ocean Program. Such pro-
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1 gram shall augment and integrate existing programs of

2 the National Oceanic and Atmospheric Administration

3 and shall include efforts to improve predictions of fish

4 stocks to better conserve and manage living marine re5 sources, to improve predictions of coastal ocean pollution

6 to help correct and prevent degradation, and to improve

7 predictions of coastal hazards to protect human life and

8 personal property.

9 SEC. 202. OCEAN AND GREAT LAKES RESEARCH.

10 There are authorized to be appropriated to the Sec11 retary of Commerce, to enable the National Oceanic and

12 Atmospheric Administration to carry out ocean and Great

13 Lakes research activities under the Act of 1947, the Act

14 of 1890, and any other law involving those activities,

15 $18,527,000 for fiscal year 1995.

16 SEC. 203. UNDERSEA RESEARCH.

17 There are authorized to be appropriated to the Sec18 retary of Commerce, to enable the National Oceanic and

19 Atmospheric Administration to carry out its undersea re20 search activities under law, $18,000,000 for fiscal year

21 1995. Moneys appropriated pursuant to this authorization

22 shall only be used to fund the ongoing operations of exist23 ing undersea research centers.
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1 TITLE III—NOAA MARINE FISHERY

2 PROGRAMS

3 SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

4 The National Oceanic and Atmospheric Administra5 tion Marine Fisheries Program Authorization Act (Public

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

7 (1) in section 2(a)—

8 (A) by striking ‘‘and’’ immediately after

9 ‘‘1992’’ and inserting a comma; and

10 (B) by inserting immediately before the pe11 riod at the end ‘‘, $51,092,000 for fiscal year

12 1995’’;

13 (2) in section 3(a)—

14 (A) by striking ‘‘and’’ immediately after

15 ‘‘1992’’ and inserting a comma; and

16 (B) by inserting immediately before the pe17 riod at the end ‘‘, $14,198,000 for fiscal year

18 1995’’; and

19 (3) in section 4(a)—

20 (A) by striking ‘‘and’’ immediately after

21 ‘‘1992’’ and inserting a comma; and

22 (B) by inserting immediately before the pe23 riod at the end ‘‘, $17,089,000 for fiscal year

24 1995’’.
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1 TITLE IV—MISCELLANEOUS PROVISIONS

2 SEC. 401. PROGRAM SUPPORT.

3 (a) EXECUTIVE DIRECTION AND ADMINISTRATIVE

4 ACTIVITIES.—

5 (1) There are authorized to be appropriated to

6 the Secretary of Commerce, to enable the National

7 Oceanic and Atmospheric Administration to carry

8 out executive direction and administrative activities

9 (including management, administrative support, pro10 vision of retired pay of National Oceanic and Atmos11 pheric Administration commissioned officers, and

12 policy development) under the Act entitled ‘‘An Act

13 to clarify the status and benefits of commissioned of14 ficers of the National Oceanic and Atmospheric Ad15 ministration, and for other purposes’’, approved De16 cember 31, 1970 (33 U.S.C. 857–1 et seq.), and any

17 other law involving those activities, $81,944,000 for

18 fiscal year 1995.

19 (2) Of the sums authorized under this sub20 section $1,000,000 is authorized to be appropriated

21 for the purpose of conducting the study under sec22 tion 404.

23 (b) ACQUISITION, CONSTRUCTION, MAINTENANCE,

24 AND OPERATION OF FACILITIES.—There are authorized

25 to be appropriated to the Secretary of Commerce, for ac-
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1 quisition, construction, maintenance, and operation of fa2 cilities of the National Oceanic and Atmospheric Adminis3 tration under any law involving those activities,

4 $100,000,000 for fiscal year 1995.

5 (c) MARINE SERVICES.—There are authorized to be

6 appropriated to the Secretary of Commerce, to enable the

7 National Oceanic and Atmospheric Administration to

8 carry out marine services activities (including ship oper9 ations, maintenance, and support) under the Act of 1947

10 and any other law involving those activities, $62,599,000

11 for fiscal year 1995.

12 (d) AIRCRAFT SERVICES.—There are authorized to

13 be appropriated to the Secretary of Commerce, to enable

14 the National Oceanic and Atmospheric Administration to

15 carry out aircraft services activities (including aircraft op16 erations, maintenance, and support) under the Act of

17 1890 and any other law involving those activities,

18 $14,680,000 for fiscal year 1995.

19 SEC. 402. CONVEYANCE OF NATIONAL MARINE FISHERIES

20 SERVICE LABORATORY AT GLOUCESTER,

21 MASSACHUSETTS.

22 (a) CONVEYANCE REQUIRED.—

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

24 shall convey to the Commonwealth of Massachusetts,

25 all right, title, and interest of the United States in
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1 and to the property comprising the National Marine

2 Fisheries Service laboratory located on Emerson Av3 enue in Gloucester, Massachusetts.

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

5 paragraph (1) shall be made—

6 (A) without payment of consideration; and

7 (B) subject to the terms and conditions

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

9 (b) CONDITIONS FOR TRANSFER.—

10 (1) IN GENERAL.—As a condition of any con11 veyance of property under this section, the Common12 wealth of Massachusetts shall assume full respon13 sibility for maintenance of the property for as long

14 as the Commonwealth retains the right and title to

15 that property.

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

17 The Secretary may enter into a memorandum of un18 derstanding with the Commonwealth of Massachu19 setts under which the National Marine Fisheries

20 Service is authorized to occupy existing laboratory

21 space on the property conveyed under this section,

22 if—

23 (A) the term of the memorandum of un24 derstanding is for a period of not longer than
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1 5 years beginning on the date of enactment of

2 this Act; and

3 (B) the square footage of the space to be

4 occupied by the National Marine Fisheries

5 Service does not conflict with the needs of, and

6 is agreeable to, the Commonwealth of Massa7 chusetts.

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

9 interest in and to all property conveyed under this section

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

11 the Commonwealth of Massachusetts uses any of the prop12 erty for any purpose other than the Commonwealth of

13 Massachusetts Division of Marine Fisheries resource man14 agement program.

15 SEC. 403. REIMBURSEMENT OF EXPENSES.

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

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

18 subsection (b) all amounts received by the United States

19 in settlement of, or judgment for, damage claims arising

20 from the October 9, 1992, allision of the vessel

21 ZACHERY into the National Oceanic and Atmospheric

22 Administration research vessel DISCOVERER—

23 (1) shall be retained as an offsetting collection

24 in the Fleet Modernization, Shipbuilding, and Con-
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1 version 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

10 into the Fleet Modernization, Shipbuilding, and Conver11 sion account pursuant to this section.

12 SEC. 404. STUDY OF NOAA CORPS.

13 Within 90 days of the date of enactment of this Act,

14 the Secretary of Commerce shall contract with the Na15 tional Research Council to examine and report to the Sec16 retary and the Congress on the responsibilities and activi17 ties of the National Oceanic and Atmospheric Administra18 tion Corps (hereinafter referred to as the ‘‘Corps’’) in sup19 porting the missions of the National Oceanic and Atmos20 pheric Administration. In particular, the study shall—

21 (1) examine future requirements for a uni22 formed service in operating the fleet and aircraft of

23 the National Oceanic and Atmospheric Administra24 tion, conducting hydrographic surveys, managing na25 tional marine sanctuaries, conducting oceanic and
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1 atmospheric research, and carrying out other respon2 sibilities and activities of the National Oceanic and

3 Atmospheric Administration.

4 (2) examine the role of the Corps in the fleet

5 replacement and modernization program;

6 (3) evaluate and compare the costs of services

7 provided by the Corps and civilian employees in

8 similar positions; and

9 (4) assess the availability of trained civilian em10 ployees to carry out identified activities in a cost ef11 fective manner that are currently the responsibility

12 of the Corps.

13 SEC. 405. WEATHER REPORTING STATIONS FOR PRINCE

14 WILLIAM SOUND.

15 (a) INSTALLATION.—To provide more comprehensive

16 weather information to ensure the safety of fishermen and

17 tank vessels and to protect the resources of Prince William

18 Sound from potential oil spills, the Secretary of Commerce

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

20 weather reporting stations in Prince William Sound, Alas21 ka, as follows:

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

23 install a weather buoy capable of measuring and re24 porting wind speed and direction, barometric pres25 sure, wave height and period, and air temperature.
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1 (2) On the existing tower at Bligh Reef, to ac2 quire and install a weather instrument capable of

3 measuring and reporting wind speed and direction.

4 (3) At Potato Point, to relocate the existing an5 emometer to a more exposed location in order to

6 provide more accurate information.

7 (4) At the Hinchinbrook Lighthouse site, to ac8 quire and install an anemometer.

9 (b) MAINTENANCE.—The Secretary of Commerce

10 may expend $160,000 in each of fiscal years 1995 and

11 1996 to maintain the equipment identified in subsection

12 (a).

13 SEC. 406. CONTRACTOR ACTIVITIES.

14 Activities of the contractor, including the purchase,

15 transportation, receiving, and installation of property and

16 materials, on behalf of the National Oceanic and Atmos17 pheric Administration pursuant to the modernization of

18 the National Weather Service as set forth in Public Law

19 102–567, are hereby expressly exempted from taxation in

20 any manner of form by any State, county, municipality,

21 or any subdivision thereof.

22 SEC. 407. CLEANUP OF NOAA FACILITIES.

23 (a) Section 201 of the Act of November 2, 1966

24 (Public Law 89–702; 80 Stat. 1091), formerly known as

25 the Fur Seal Act of 1966, (16 U.S.C. 1161), is amended
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1 by adding at the end the following sentence: ‘‘To the maxi2 mum extent feasible, the Secretary shall carry out his du3 ties under this Act through contracts, compacts, or memo4 randa of agreement with the entities on the Pribilof Is5 lands entitled to receive conveyance of lands by this Act.’’.

6 (b) Section 205 of that Act is amended by adding

7 at the end the following new subsection:

8 ‘‘(h) The Secretary is authorized to clean up the

9 dumps, debris, storage tanks, property, hazardous condi10 tions, and contaminants which the Federal Government

11 abandoned or conveyed to entities of the Pribilof Islands.

12 The Secretary is authorized to execute contracts or agree13 ments, including agreements on a reimbursable basis with

14 the State of Alaska or local governments, and to provide

15 financial and technical assistance and training requested

16 by said entities, in order to obtain their services in carry17 ing out any of the Secretary’s responsibilities under this

18 Act.’’.

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