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 Oce-
anic and Atmospheric Administration for fiscal
years 1994 and 1995, and for other purposes.
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
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]
A BILL
To authorize appropriations for the National Oceanic and
Atmospheric Administration for fiscal years 1994 and
1995, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Oceanic and
Atmospheric Administration Authorization Act of 1994’’.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the term—
(1) ‘‘Act of 1890’’ means the Act entitled ‘‘An
Act to increase the efficiency and reduce the expenses
of the Signal Corps of the Army, and to transfer the
Weather Bureau to the Department of Agriculture’’,
approved October 1, 1890 (26 Stat. 653);
(2) ‘‘Act of 1947’’ means the Act entitled ‘‘An
Act to define the functions and duties of the Coast
and Geodetic Survey, and for other purposes’’, ap-
proved August 6, 1947 (33 U.S.C. 883a et seq.); and
(3) ‘‘Act of 1970’’ means the Act entitled ‘‘An
Act to clarify the status and benefits of commissioned
officers of the National Oceanic and Atmospheric Ad-
ministration, and for other purposes’’, approved De-
cember 31, 1970 (33 U.S.C. 857–1 et seq.).
TITLE I—NOAA OCEAN AND
COASTAL PROGRAMS
SEC. 101. NATIONAL OCEAN SERVICE.
(a) MAPPING AND CHARTING.—
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary of Commerce, to enable
the National Oceanic and Atmospheric Administra-
tion to carry out mapping and charting activities
under the Act of 1947 and any other law involving
those activities, $29,005,000 for fiscal year 1995 and
$30,049,000 for fiscal year 1996.
(2) AUTOMATED NAUTICAL CHARTING.—In addi-
tion to amounts authorized under paragraph (1),
there are authorized to be appropriated to the Sec-
retary of Commerce, to enable the National Oceanic
and Atmospheric Administration to develop and im-
plement an automated nautical charting system,
$1,300,000 for fiscal year 1995 and $1,347,000 for
fiscal year 1996.
(b) GEODESY.—There are authorized to be appro-
priated to the Secretary of Commerce, to enable the Na-
tional Oceanic and Atmospheric Administration to carry
out geodesy activities under the Act of 1947 and any other
law involving those activities, $19,332,000 for fiscal year
1995 and $20,028,000 for fiscal year 1996.
(c) OBSERVATION AND PREDICTION.—
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary of Commerce, to enable
the National Oceanic and Atmospheric Administra-
tion to carry out observation and prediction activities
under the Act of 1947 and any other law involving
those activities, $12,429,000 for fiscal year 1995 and
$12,876,000 for fiscal year 1996.
(2) CIRCULATORY SURVEY PROGRAM.—In addi-
tion to amounts authorized under paragraph (1),
there are authorized to be appropriated to the Sec-
retary of Commerce, to enable the National Oceanic
and Atmospheric Administration to carry out the
Circulatory Survey Program, $700,000 for fiscal year
1995 and $725,000 for fiscal year 1996.
(3) OCEAN AND EARTH SCIENCES.—In addition
to amounts authorized under paragraph (1), there are
authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and At-
mospheric Administration to carry out ocean and
earth science activities, $4,442,000 for fiscal year
1995 and $4,602,000 for fiscal year 1996.
(4) CENTER
FOR
OCEAN
ANALYSIS
AND
PRE-
DICTION.—In addition to amounts authorized under
paragraph (1), there are authorized to be appro-
priated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to
continue the activities of the Center for Ocean Analy-
sis and Prediction, $400,000 for fiscal year 1995 and
$414,000 for fiscal year 1996.
(5) 
OBSERVATION
BUOYS.—In 
addition 
to
amounts authorized under paragraph (1), there are
authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and At-
mospheric Administration to operate and maintain
observation buoys in the Chesapeake Bay, $400,000
for fiscal year 1995 and $414,000 for fiscal year
1996.
(d) ESTUARINE AND COASTAL ASSESSMENT.—
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary of Commerce, to enable
the National Oceanic and Atmospheric Administra-
tion to support estuarine and coastal assessment ac-
tivities under the Act of 1947 and any other law in-
volving those activities, $2,420,000 for fiscal year
1995 and $2,507,000 for fiscal year 1996.
(2) 
OCEAN
ASSESSMENT.—In 
addition 
to
amounts authorized under paragraph (1), there are
authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and At-
mospheric Administration to carry out the National
Status and Trends Program, the Strategic Environ-
mental Assessment Program, and the Hazardous Ma-
terials Response Program, $18,945,000 for fiscal year
1995 and $19,627,000 for fiscal year 1996.
(3) DAMAGE ASSESSMENT PROGRAM.—In addi-
tion to amounts authorized under paragraph (1),
there are authorized to be appropriated to the Sec-
retary of Commerce, to enable the National Oceanic
and Atmospheric Administration to carry out the
Damage Assessment Program, $1,500,000 for fiscal
year 1995 and $1,554,000 for fiscal year 1996.
(4) COASTAL OCEAN PROGRAM.—In addition to
amounts authorized under paragraph (1), there are
authorized to be appropriated to the Secretary of
Commerce to, enable the National Oceanic and At-
mospheric Administration to carry out the Coastal
Ocean Program, $11,433,000 for fiscal year 1995 and
$11,845,000 for fiscal year 1996. Of the amounts au-
thorized under this paragraph for fiscal years 1995
and 1996, a total of $120,000 is available until ex-
pended to study the use of oceanographic data ob-
tained from satellite imagery and other sources to de-
termine and predict the presence of endangered sea
turtles in the Gulf of Mexico.
(e) OCEAN MANAGEMENT.—There are authorized to be
appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to carry
out deep ocean mineral and ocean energy activities,
$500,000 for each of fiscal years 1995 and 1996.
SEC. 102. OCEAN AND GREAT LAKES RESEARCH.
(a) MARINE PREDICTION RESEARCH.—
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary of Commerce, to enable
the National Oceanic and Atmospheric Administra-
tion to carry out marine prediction research activities
under the Act of 1947, the Act of 1890, and any other
law involving those activities, $10,000,000 for fiscal
year 1995 and $10,360,000 for fiscal year 1996.
(2) GREAT
LAKES
ENVIRONMENTAL
RESEARCH
LABORATORY.—
(A) IN GENERAL.—There are authorized to
be appropriated to the Secretary of Commerce,
for the operation and maintenance of the Great
Lakes 
Environmental 
Research 
Laboratory,
$4,558,000 for fiscal year 1995 and $4,722,000
for fiscal year 1996.
(B) 
GREAT
LAKES
NEARSHORE
RE-
SEARCH.—There are authorized to be appro-
priated to the Secretary of Commerce, to enable
the National Oceanic and Atmospheric Adminis-
tration to carry out nearshore research activities
of the Great Lakes Environmental Research Lab-
oratory, $500,000 for each of fiscal years 1995
and 1996.
(C) ZEBRA MUSSEL RESEARCH.—In addi-
tion to amounts authorized under subparagraph
(A), there are authorized to be appropriated to
the Secretary of Commerce, to enable the Na-
tional Oceanic and Atmospheric Administration
to carry out zebra mussel research activities of
the Great Lakes Environmental Research Lab-
oratory under the Nonindigenous Aquatic Nui-
sance Prevention and Control Act of 1990 (16
U.S.C. 4701 et seq.), $911,000 for fiscal year
1995 and $1,125,000 for fiscal year 1996.
(3) SOUTHEAST FLORIDA AND CARIBBEAN RE-
CRUITMENT PROGRAM.—In addition to amounts au-
thorized under paragraph (1), there are authorized to
be appropriated to the Secretary of Commerce a total
of $2,000,000 for fiscal years 1995 and 1996 to enable
the National Oceanic and Atmospheric Administra-
tion to carry out, through the Cooperative Institute
for Marine and Atmospheric Studies, collaborative in-
vestigations to examine the physical and biological
processes which—
(A) occur in tropical marine environments
in coastal waters of the United States, Florida,
and the Caribbean; and
(B) impact variability and development of
fisheries resources.
(b) NATIONAL UNDERSEA RESEARCH PROGRAM—
There are authorized to be appropriated to the Secretary
of Commerce, to enable the National Oceanic and Atmos-
pheric Administration to carry out undersea research ac-
tivities under the National Undersea Research Program es-
tablished by section 411, $22,100,000 for fiscal year 1995
and $24,200,000 for fiscal year 1996, of which $1,250,000
shall be available each fiscal year for implementing section
411(c).
(c) CLIMATE AND GLOBAL CHANGE RESEARCH.—
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary of Commerce, to enable
the National Oceanic and Atmospheric Administra-
tion to carry out climate and global change research
activities, $84,012,000 for fiscal year 1995 and
$87,036,000 for fiscal year 1996. Of sums appro-
priated under this subsection, sufficient funds should
be made available by the Secretary of Commerce to
initiate and support research on the effects of climate
and global change on the Nation’s major freshwater
systems, including the Great Lakes and the Mis-
sissippi River.
(2) ENVIRONMENTAL OBSERVATIONS.—In addi-
tion to the amounts authorized to be appropriated
under paragraph (1), there is authorized to be appro-
priated to the Secretary of Commerce $7,000,000 for
each of fiscal years 1995 and 1996 for a program to
increase scientific understanding of the earth by using
a network of schools to collect environmental observa-
tions.
TITLE II—NOAA MARINE
FISHERY PROGRAMS
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
The National Oceanic and Atmospheric Administra-
tion Marine Fisheries Program Authorization Act (Public
Law 98–210; 97 Stat. 1409) is amended—
(1) in section 2(a) by—
(A) striking ‘‘1992 and’’ and inserting
‘‘1992,’’; and
(B) inserting after ‘‘1993’’ the following: ‘‘,
$51,092,000 
for 
fiscal 
year 
1995, 
and
$52,931,000 for fiscal year 1996’’;
(2) in section 3(a) by—
(A) striking ‘‘1992 and’’ and inserting
‘‘1992,’’; and
(B) inserting after ‘‘1993’’ the following: ‘‘,
$14,198,000 
for 
fiscal 
year 
1995, 
and
$14,709,000 for fiscal year 1996’’; and
(3) in section 4(a) by—
(A) striking ‘‘1992 and’’ and inserting
‘‘1992,’’; and
(B) inserting after ‘‘1993’’ the following: ‘‘,
$17,089,000 
for 
fiscal 
year 
1995, 
and
$17,704,000 for fiscal year 1996’’.
SEC. 202. AMENDMENTS TO THE MERCHANT MARINE ACT,
1936.
Section 1104A(b)(2) of the Merchant Marine Act, 1936
(46 App. U.S.C. 1274(b)(2)), is amended in the third pro-
viso by striking ‘‘, except that no debt may be placed under
this proviso through the Federal Financing Bank’’.
SEC. 203. SCALLOP RESTORATION PROGRAM.
There are authorized to be appropriated to the Sec-
retary of Commerce $200,000 for each of fiscal years 1995
and 1996, for the establishment and maintenance of a scal-
lop restoration program for Long Island Sound.
SEC. 
204. 
SALTONSTALL-KENNEDY 
PROGRAM 
AMEND-
MENTS.
(a) IN GENERAL.—Section 2 of the Act of August 11,
1939 (15 U.S.C. 713c–3), popularly known as the
‘‘Saltonstall-Kennedy Act’’, is amended—
(1) in subsection (b)(1) by—
(A) striking subparagraph (B);
(B) striking ‘‘only for—’’ and all that fol-
lows through ‘‘the Secretary—’’ and inserting
‘‘only for use by the Secretary—’’;
(C) redesignating clauses (i), (ii), and (iii)
in order as subparagraphs (A), (B), and (C);
and
(D) moving subparagraphs (A), (B), and
(C), as redesignated by subparagraph (C) of this
paragraph, 2 ems to the left so that the left mar-
gin of those subparagraphs is aligned with the
left margin of section 2(a)(5) of that Act (15
U.S.C. 713c–3(a)(5)); and
(2) by striking the heading for subsection (c) and
all that follows through paragraph (4) of that sub-
section, and inserting the following:
‘‘(c) FISHERIES
RESEARCH
AND
DEVELOPMENT
PROJECTS.—
‘‘(1) IN
GENERAL.—The Secretary shall make
grants from the fund established under subsection (b)
for the purpose of assisting persons in carrying out
research and development projects to promote the sus-
tainable use and development of United States fish-
eries, including harvesting, processing, aquaculture,
marketing, and associated infrastructures.
‘‘(2) SECRETARY’S DUTIES.—The Secretary shall
each fiscal year—
‘‘(A) receive at least once, during a 60-day
period specified by the Secretary, applications
for grants under this subsection pursuant to a
Request for Proposals published in the Federal
Register;
‘‘(B) prescribe in that Request for Proposals
the form and manner in which applications for
grants under this subsection must be made, in-
cluding the specification of the information
which must accompany applications to ensure
that the proposed projects comply with Federal
law and can be properly evaluated under para-
graph (3);
‘‘(C) include in that Request for Proposals
a list of priorities for grants under this sub-
section that is based on the priorities rec-
ommended for the fiscal year under paragraph
(3)(F); and
‘‘(D) approve or disapprove each such ap-
plication—
‘‘(i) based primarily on the rec-
ommendations of the grants review panel es-
tablished under paragraph (3) for the fiscal
year; and
‘‘(ii) before the end of the 90-day pe-
riod beginning on the day after the last day
of the application period specified in the
Request for Proposals under subparagraph
(A); and
‘‘(E) to the extent amounts are available,
obligate funds for grants for approved applica-
tions before the end of the fiscal year for which
the funds are available, except that up to 10 per-
cent of funds available for a fiscal year may be
obligated in the next fiscal year.
‘‘(3) EVALUATION
AND
APPROVAL
OF
PROPOS-
ALS.—
‘‘(A) SUITABILITY FOR EVALUATION.—For
each application received under paragraph (2)
in a fiscal year, the Secretary shall—
‘‘(i) make a determination whether the
project proposed in the application meets
the requirements of this subsection and is
consistent with the priorities recommended
for the fiscal year under subparagraph (F);
and
‘‘(ii) if so, forward the proposal to the
grants review panel established for the fiscal
year under subparagraph (B).
‘‘(B) GRANTS REVIEW PANEL.—Each fiscal
year, the Secretary shall establish a grants re-
view panel that consists of individuals with ex-
pertise in fisheries research, development, or
management, that represents a balance among
those disciplines, that is balanced in the rep-
resentation of those disciplines, and that is bal-
anced in the representation of the geographic re-
gions of the United States. Each grants review
panel shall review each proposal forwarded by
the Secretary under subparagraph (A)(ii) and
make recommendations to the Secretary for
awarding grants under this subsection among
those proposals for the fiscal year, subject to the
criteria described in subparagraph (C) and con-
sistent with the funding available for the fiscal
year.
‘‘(C) CRITERIA FOR EVALUATION OF PRO-
POSALS.—Each grants review panel shall evalu-
ate each proposal as to—
‘‘(i) the value of the proposal in pro-
moting the purpose described in paragraph
(1) in general and in fulfilling the applica-
ble regional priorities recommended under
subparagraph (F);
‘‘(ii) the soundness of its design (in-
cluding the likelihood of securing useful re-
sults, and the organization and manage-
ment of the proposal);
‘‘(iii) the minimization of duplication
within fisheries research and development
activities; and
‘‘(iv) based on the criteria in clauses
(i), (ii) and (iii), the overall quality and
rank of the proposal relative to the other
proposals under review.
‘‘(D) INDUSTRIAL PARTNERS.—In evaluat-
ing and ranking proposals under this subsection
that are of equivalent overall quality and rank
based on the criteria set forth in subparagraph
(C), a grants review panel and the Secretary
shall give preference to proposals in which at
least 1 of the persons that would be a principal
grantee under the proposal receives a substantial
portion of income from seafood harvesting, proc-
essing, marketing, or propagation.
‘‘(E) NOTICE
OF
DECISION
BY
THE
SEC-
RETARY.—If the Secretary approves or dis-
approves an application for a proposal contrary
to the recommendations of a grants review panel,
the Secretary shall notify the panel, the Commit-
tee on Merchant Marine and Fisheries of the
House of Representatives and the Committee on
Commerce, Science, and Transportation of the
Senate in writing of that decision, including the
reasons for that decision.
‘‘(F) 
RECOMMENDATIONS
FOR
FUTURE
FUNDING
PRIORITIES.—Each 
grants 
review
panel shall, after evaluating proposals and mak-
ing grants recommendations, and after consult-
ing with interested parties, recommend to the
Secretary for the next fiscal year national and
regional priorities for grants under this sub-
section.
‘‘(4) TERMS
AND
CONDITIONS.—Each grant
made under this subsection shall be subject to such
terms and conditions as the Secretary may require to
(1) IN GENERAL.—The Secretary of Commerce
shall convey to the Commonwealth of Massachusetts,
all right, title, and interest of the United States in
and to the property comprising the National Marine
Fisheries Service laboratory located on Emerson Ave-
nue in Gloucester, Massachusetts.
(2) TERMS.—A conveyance of property under
paragraph (1) shall be made—
(A) without payment of consideration; and
(B) subject to the terms and conditions
specified under subsections (b) and (c).
(b) CONDITIONS FOR TRANSFER.—
(1) IN GENERAL.—As a condition of any convey-
ance of property under this section, the Common-
wealth of Massachusetts shall assume full responsibil-
ity for maintenance of the property for as long as the
Commonwealth retains the right and title to that
property.
(2) CONTINUED USE OF PROPERTY BY NMFS.—
The Secretary may enter into a memorandum of un-
derstanding with the Commonwealth of Massachusetts
under which the National Marine Fisheries Service is
authorized to occupy existing laboratory space on the
property conveyed under this section, if—