I

103D CONGRESS

1ST SESSION H. R. 2094

To provide for the transfer of funds from the Harbor Maintenance Trust

Fund to support nautical charting and marine navigational safety programs, and other activities of the National Oceanic and Atmospheric

Administration related to commercial navigation, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 12, 1993

Mr. GIBBONS (for himself, Mr. SCHUMER, Ms. PELOSI, Mr.

HOCHBRUECKNER, Mr. YOUNG of Alaska, and Mr. ACKERMAN) introduced the following bill; which was referred jointly to the Committees on

Public Works and Transportation, Merchant Marine and Fisheries, and

Ways and Means

A BILL

To provide for the transfer of funds from the Harbor Maintenance Trust Fund to support nautical charting and marine navigational safety programs, and other activities

of the National Oceanic and Atmospheric Administration

related to commercial navigation, 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 ‘‘Marine Navigation

5 Safety Improvement Act of 1993’’.
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1 SEC. 2. ESTABLISHMENT OF MARINE NAVIGATION SAFETY

2 ACCOUNT.

3 Section 9505 of the Internal Revenue Code of 1986

4 (relating to the Harbor Maintenance Trust Fund) is

5 amended—

6 (1) in subsection (c)—

7 (A) by inserting ‘‘except as provided in

8 paragraph (4),’’ before ‘‘to carry out’’ in para9 graph (1);

10 (B) by striking the period at the end of

11 paragraph (3) and inserting a comma; and

12 (C) by adding at the end the following new

13 paragraph:

14 ‘‘(4) to carry out subsections (a)(3) and (c) of

15 section 210 of the Water Resources Development

16 Act of 1986.’’; and

17 (2) by adding at the end the following new sub18 section:

19 ‘‘(e) MARINE NAVIGATION SAFETY ACCOUNT.—

20 ‘‘(1) IN GENERAL.—There is hereby established

21 in the Harbor Maintenance Trust Fund a separate

22 account to be known as the ‘Marine Navigation

23 Safety Account’, consisting of such amounts as may

24 be transferred or credited to the account pursuant to

25 this subsection or section 9602(b).

26 ‘‘(2) TRANSFERS TO ACCOUNT.—
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1 ‘‘(A) 1991 AND 1992.—Not later than 30

2 days after the date of the enactment of the Ma3 rine Navigation Safety Improvement Act of

4 1993, the Secretary shall transfer from the

5 Harbor Maintenance Trust Fund to the Marine

6 Navigation Safety Account an amount equal to

7 the sum of—

8 ‘‘(i) 8 percent of the amount of taxes

9 received in the Treasury under section

10 4461 during calendar years 1991 and

11 1992; and

12 ‘‘(ii) interest on the amount referred

13 to in clause (i) which was credited pursu14 ant to section 9602(b)(3) during such cal15 endar years.

16 ‘‘(B) AFTER 1992.—The Secretary shall

17 transfer from the Harbor Maintenance Trust

18 Fund to the Marine Navigation Safety Account

19 an amount equal to 8 percent of the amount of

20 taxes received in the Treasury under section

21 4461 after December 31, 1992.

22 ‘‘(3) EXPENDITURES FROM ACCOUNT.—

23 Amounts in the Marine Navigation Safety Account

24 shall be available, as provided in appropriations

25 Acts, to carry out the programs and activities of the
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1 National Oceanic and Atmospheric Administration of

2 the Department of Commerce related to commercial

3 marine navigation described in section 210(c) of the

4 Water Resources Development Act of 1986.’’.

5 SEC. 3. AMENDMENT TO THE WATER RESOURCES DEVEL6 OPMENT ACT OF 1986.

7 Section 210 of the Water Resources Development Act

8 of 1986 (33 U.S.C. 2238) is amended—

9 (1) in subsection (a)—

10 (A) by striking ‘‘and’’ at the end of para11 graph (1);

12 (B) by striking the period at the end of

13 paragraph (2) and inserting ‘‘; and’’; and

14 (C) by adding at the end the following new

15 paragraph:

16 ‘‘(3) from the Marine Navigation Safety

17 Account established under section 9505(e) of the

18 Internal Revenue Code of 1986, to carry out the

19 programs and activities of the National Oceanic and

20 Atmospheric Administration of the Department of

21 Commerce related to commercial marine navigation

22 described in subsection (c).’’; and

23 (2) by adding at the end the following new sub24 section:

25 ‘‘(c) COMMERCIAL MARINE NAVIGATION.—
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1 ‘‘(1) AVAILABILITY TO SECRETARY OF COM2 MERCE.—The amounts authorized to be appro3 priated under subsection (a)(3) shall remain avail4 able until expended and shall be made available to

5 the Secretary of Commerce to support, either di6 rectly or by contract, the nautical charting and ma7 rine navigational safety programs and such other ac8 tivities of the National Oceanic and Atmospheric Ad9 ministration related to commercial marine naviga10 tion as the Secretary of Commerce determines to be

11 appropriate, including—

12 ‘‘(A) the nautical charting program;

13 ‘‘(B) marine tides and circulation pro14 grams;

15 ‘‘(C) charting survey ship support; and

16 ‘‘(D) marine weather services applicable to

17 commercial navigation safety in the waters of

18 the United States.

19 ‘‘(2) CONDITIONS.—Amounts appropriated pur20 suant to subsection (a)(3) may be used by the

21 Secretary of Commerce subject to the following

22 conditions:

23 ‘‘(A)(i) Funds transferred to the Marine

24 Navigation Safety Account pursuant to section

25 9505(e)(2)(A) of the Internal Revenue Code of
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1 1986 shall be used only for the purposes of ena2 bling, modernizing, enhancing, or expanding the

3 capabilities of the National Oceanic and Atmos4 pheric Administration to conduct the programs

5 and activities referred to in paragraph (1).

6 ‘‘(ii) No portion of the funds referred to in

7 clause (i) may be used to offset funds made

8 available for the purposes referred to in clause

9 (i) through appropriations to the Operations,

10 Research, and Facilities account of the National

11 Oceanic and Atmospheric Administration.

12 ‘‘(B)(i) Funds transferred to the Marine

13 Navigation Safety Account pursuant to section

14 9505(e)(2)(B) of the Internal Revenue Code of

15 1986 may be used for the following purposes:

16 ‘‘(I) Conducting the operational as17 pects of the programs and activities re18 ferred to in paragraph (1).

19 ‘‘(II) Enabling, modernizing, enhanc20 ing, or expanding the capabilities of the

21 National Oceanic and Atmospheric Admin22 istration to conduct the programs and ac23 tivities referred to in paragraph (1).

24 ‘‘(ii) Not more than 50 percent of the

25 funds referred to in clause (i) may be used to
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1 offset funds previously made available for the

2 purposes referred to in clause (i) through ap3 propriations to the Operations, Research and

4 Facilities account of the National Oceanic and

5 Atmospheric Administration.’’.

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