207
(4) At the Hinchinbrook Lighthouse site, to ac-
quire and install an anemometer.
(b) MAINTENANCE.—The Secretary of Commerce
may expend $160,000 in each of fiscal years 1995 and
1996 to maintain the equipment identified in subsection
(a).
SEC. 1920. CLEANUP OF FACILITIES.
(a) To the maximum extent practicable, the Secretary
may carry out duties under the Fur Seal Act of 1966 (16
U.S.C. 1161) as amended, or obligation under applicable
Federal and State laws, through contracts, grants or coop-
erative agreements with the entities on the Pribilof Islands
entitled to receive conveyance of lands by the Fur Seal
Act of 1966 (16 U.S.C. 1161), as amended, and with resi-
dents of the Pribilof Islands.
(b) In fulfilling any obligations under the Fur Seal
Act of 1966 (16 U.S.C. 1161), as amended, or other Fed-
eral and State laws, the Secretary is authorized to clean
up such dumps, debris, storage tanks, property, hazardous
conditions, and contaminants, as the Secretary deems ap-
propriate.
(c) Subject to the availability of appropriations, the
Secretary is authorized to execute contracts or agree-
ments, including agreements on a reimbursable basis with
the State of Alaska or local governments, and to provide
208
technical and financial assistance and training requested
by said entities, in order to obtain their services in carry-
ing out this section.
SEC. 1921. PURCHASE OF REMOTELY SENSED SCIENCE
DATA.
(a) IN GENERAL.—To the maximum extent possible,
the Secretary of Commerce shall purchase from the pri-
vate sector remotely sensed science data. Examples of such
data include scientific data concerning the impact of
oceans worldwide on global climate change and concerning
the condition of the oceans.
(b) COMPETITIVE BIDDING.—
(1) Contracts for the purchase of remotely
sensed data under this section shall be awarded in
a process of full, fair, and open competitive bidding.
(2) Submission of cost data, either for the pur-
poses of supporting the bid or fulfillment of the con-
tract, shall not be required of bidders.
(3) Conformance with military specification
(Milspec) or Department of Commerce specifications
systems with respect to the design, construction, or
operation of equipment used in obtaining remotely
sensed data under contracts entered into under this
section shall not be a requirement for a commercial
provider bidding to provide such services.
209
(4) Contracts under this section shall not pro-
vide for the Federal Government to obtain ownership
of data not specifically sought by the Federal Gov-
ernment.
SEC. 1922. CONTRACTOR ACTIVITIES.
Activities of the contractor including the purchase,
transportation, receiving, and installation of property and
materials, on behalf of the National Oceanic and Atmos-
pheric Administration pursuant to the modernization of
the National Weather Service as set forth in Public Law
102–567, are hereby expressly exempted from taxation in
any manner or form by any State, county, municipality,
or any subdivision thereof.
SEC. 1923. COOPERATIVE AGREEMENTS REGARDING AD-
MINISTRATIVE LAW JUDGES.
The National Oceanic and Atmospheric Administra-
tion is authorized to enter into reimbursable cooperative
agreements with federal agencies that employ administra-
tive law judges at locations convenient to the places where
NOAA civil penalty hearings are usually held. The agree-
ments shall provide for the conduct of formal hearings by
administrative law judges selected by the cooperating
agency from its pool of administrative law judges in ac-
cordance with its customary practice.
210
SEC. 1924. HYDROGRAPHIC SURVEYING AND MAPPING
SERVICES.
The Secretary of Commerce shall award contracts for
hydrographic surveying and mapping services in accord-
ance with Title IX of the Federal Property and Adminis-
trative Services Act of 1949 (40 U.S.C. 541 et seq.).
SEC. 1925. EDUCATION PROGRAM TO REDUCE THE RISK AS-
SOCIATED 
WITH 
CONSUMING 
RAW
MOLLUSCAN SHELLFISH.
(a) IN GENERAL.—There are authorized to be appro-
priated to the Secretary of Commerce $500,000 for a com-
prehensive education program to reduce and prevent ill-
ness and deaths associated with the consumption of raw
molluscan shellfish.
(b) TRANSFER OF AUTHORITY.—The Secretary of
Commerce is authorized to transfer up to $500,000 of
amounts authorized to be appropriated under subsection
(a) to another federal agency to carry out the purposes
of this section.
(c) LIMITATION.—The Secretary of Commerce, or the
head of a federal agency to which the Secretary transfers
funds under this section, may not use more than five per-
cent of amounts authorized under this section for adminis-
trative expenses.
211
SEC. 1926. FEASIBILITY STUDY.
No later than 180 days after the date of enactment
of this Title, the Secretary of Commerce shall submit to
the Committee on Merchant Marine and Fisheries and the
Committee on Natural Resources of the House of Rep-
resentatives and the Committee on Commerce, Science,
and Transportation of the Senate, a study on the feasibil-
ity and desirability of converting the offshore gas produc-
tion platform known as High Island A389A, owned by
Mobil Exploration and Production U.S., Inc., into a ma-
rine research station for the purpose of supporting inves-
tigations of the northern Gulf of Mexico and for use as
a field laboratory for training students and marine science
professionals in technologies related to the exploration and
study of the Gulf of Mexico. The study shall include—
(1) an assessment of the need for such a re-
search platform, including consultations with Na-
tional Oceanic and Atmospheric Administration line
and program offices, other relevant Federal and
State agencies with research and management re-
sponsibilities in the Gulf of Mexico, and academic in-
stitutions involved in the study of the Gulf of Mexico
ecosystem;
(2) an assessment of the financial feasibility of
converting the platform, including the cost of con-
version from a gas production facility into a marine
212
research station, the cost of operation of the plat-
form as a marine science field station, the cost of re-
moval of the platform at the end of its functional life
span, and the potential costs to users of the plat-
form;
(3) an assessment of the possible liability to the
National Oceanic and Atmospheric Administration of
converting and maintaining the platform; and
(4) a description of potential users of the plat-
form, potential funding strategies, permit require-
ments, and time schedules and constraints.
SEC. 1927. FLEET MODERNIZATION.
(a) AUTHORITY TO CONTRACT.—
(1) IN
GENERAL.—The Secretary may enter
into only the following contracts in fiscal years 1995
and 1996 to implement the Plan—
(A) repairs to extend the service life of the
R/V DISCOVERER.
(B) construction of a medium endurance
oceanographic research vessel.
(C) a service life extension of the R/V
DELAWARE II.
(D) conversion of a T-AGOS vessel for
oceanographic research.
213
(E) construction of a coastal/low endur-
ance vessel for living marine research.
(F) leasing to fulfill any NOAA mission re-
quirements.
(G) necessary repairs to and maintenance
of any vessel in the NOAA fleet.
(H) necessary requirements, designs, and
specifications for future vessel repair, conver-
sion, construction, or lease.
(2) CONTRACT DEFINED.—Section 602 of the
NOAA Fleet Modernization Act (33 U.S.C. 891) is
amended by adding at the end the following:
‘‘(6) ‘contract’ means any contract or other
agreement for the construction, conversion, lease,
chartering, service life extension, or repair or main-
tenance of any vessel of the NOAA fleet, and provi-
sion of related equipment, including the development
of any necessary requirement, design, or specifica-
tion. The term includes contracts entered into on be-
half of the Secretary by another federal department,
agency, or instrumentality, if the vessel which is the
subject of the contract will be operated by or for the
benefit of the Department of Commerce.’’.
(b) LEASING AND CONTRACTS.—
214
(1) IN GENERAL.—The Secretary shall for each
of fiscal year 1995 and 1996, enter into contracts or
service contracts under the NOAA Fleet Moderniza-
tion Act (33 U.S.C. 891 et seq.) to use University-
National Oceanographic Laboratory System or non-
federal vessels.
(2) AMOUNT
SUBJECT
TO
OBLIGATION.—
Amounts subject to obligation under paragraph (1)
shall be, for each fiscal year, at least 10 percent of
the amounts appropriated to the Fleet Moderniza-
tion, Shipbuilding, and Conversion account for fiscal
years 1995 and 1996.
(c) DEFINITIONS.—In this section each of the terms
‘‘contract’’, ‘‘NOAA’’, ‘‘NOAA fleet’’, ‘‘Plan’’, and ‘‘Sec-
retary’’ has the meaning given to that term in section 602
of the NOAA Fleet Modernization Act (33 U.S.C. 891),
as amended by this section.
SEC. 1928. SCIENTIFIC PROGRAMS FOR RELEASE OF MA-
RINE MAMMALS.
(a) PROTOCOLS.—In general, the release to the wild
of a marine mammal held for purposes of public display
shall be prohibited unless authorized under a scientific re-
search permit issued by the Secretary of Commerce under
the appropriate statutory authority. In the case of a ma-
rine mammal previously held by the Secretary of the Navy,
215
the Secretary of Commerce shall only issue a research per-
mit for release of the marine mammal to an applicant
which submits with its permit application a program of
bona fide scientific research specifically related to the re-
lease.
(b) REPORT.—The Secretary of Commerce shall re-
port in accordance with section 103(f) of the Marine Mam-
mal Protection Act (16 U.S.C. 1373) on any release to
the wild or proposed release program for a marine mam-
mal held for purposes of public display or previously held
by the Secretary of the Navy.
SEC. 1929. AUTHORIZATION OF EDUCATIONAL PROGRAMS.
The Secretary of Commerce is authorized and di-
rected to enter into agreements establishing Cooperative
Marine 
Education 
and 
Research 
programs 
with
Kingsborough Community College, a branch of the City
University of New York, and the State University of New
York at Stony Brook, New York. The agreement shall pro-
vide for the cooperative use of the James J. Howard Lab-
oratory located at Sandy Hook, New Jersey.
SEC. 1930. UNDERSEA RESEARCH PROGRAM.
(a) ESTABLISHMENT.—There is established in the
National Oceanic and Atmospheric Administration a pro-
gram to be known as the National Undersea Research
Program.
216
(b) CENTER FOR GULF OF MEXICO REGION.—Not
later than 30 days after the date of enactment of this Act,
the Secretary of Commerce shall establish and maintain
at a public institution or consortium of public institutions
of higher education located in a state bordering the Gulf
of Mexico, a National Undersea Research Program Center
for the Gulf of Mexico to carry out the National Undersea
Research Program for the Gulf of Mexico region.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of Com-
merce, to enable the National Oceanic and Atmospheric
Administration to carry out the National Undersea Re-
search Program, $18,000,000 for fiscal year 1995 and
$18,648,000 for fiscal year 1996.
TITLE XX—ADDITIONAL
MISCELLANEOUS PROVISIONS
SEC. 2001. AMENDMENT TO REQUIRE EPIRBS ON THE
GREAT LAKES.
Paragraph (7) of section 4502(a) of title 46, United
States Code, is amended by inserting ‘‘or beyond 3 nau-
tical miles from the coastline of the Great Lakes’’ after
‘‘high seas’’.
217
SEC. 2002. IMPLEMENTATION OF OIL POLLUTION REQUIRE-
MENTS WITH RESPECT TO VEGETABLE OIL.
In implementing the Oil Pollution Act of 1990 (Pub-
lic Law 101–380), the Coast Guard and other agencies
shall differentiate between animal fats or oils of vegetable
origin and other oils, including petroleum oils, on the basis
of their physical, chemical, biological, and other prop-
erties, and their environmental effects.
SEC. 2003. DUAL PURPOSE VESSEL.
Subject to the availability of appropriations, the Sec-
retary of Transportation is authorized to expend up to
$10,000,000 in fiscal year 1996 for the design and con-
struction of a passenger ferry to be owned and operated
by the State of Alaska, provided that—
(1) any amounts expended under this provision
by the Secretary for such ferry are matched by an
equal or greater amount from the State of Alaska or
other sources;
(2) such ferry shall, when completed, be used
by the State of Alaska as part of the National Con-
tingency 
Plan 
in 
accordance 
with 
section
311(d)(2)(H) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1321(d)(2)(H)), in the event of
a worst case discharge of crude oil off Alaska;
(3) the State of Alaska shall agree to use such
ferry in cooperation with the Federal On-Scene Co-
218
ordinator in the event of a worst case discharge of
crude oil off Alaska; and
(4) such ferry shall be made available by the
State of Alaska to be included on the list of equip-
ment available in an Area Contingency Plan off
Alaska under section 311(j)(4)(C)(iv) of the Federal
Water 
Pollution 
Control 
Act 
(33 
U.S.C.
1321(j)(4)(C)(iv)).
SEC. 2004. EQUITABLE TREATMENT OF UNITED STATES
OCEAN FREIGHT FORWARDERS BY OCEAN
CARRIER CONFERENCES.
(a) INDEPENDENT ACTION.—Section 5(b) of the
Shipping Act of 1984 (46 U.S.C. App. 1704(b)) is amend-
ed by striking paragraph (8) and inserting the following:
‘‘(8) provide that—
‘‘(A) any member of the conference may
take independent action on any rate, service
item, or level of ocean freight forwarder com-
pensation required to be filed in a tariff under
section 8(a) upon not more than 10 calendar
days notice to the conference; and
‘‘(B) the conference will include the new
rate, service item, or level of ocean freight for-
warder compensation in its tariff for use by
that member, effective no later than 10 cal-
219
endar days after receipt of the notice, and by
any other member that notifies the conference
that it elects to adopt the independent rate,
service item, or level of ocean freight forwarder
compensation on or after its effective date, in
lieu of the existing conference tariff provision
for that rate, service item, or level of ocean
freight forwarder compensation;’’.
(b) PROHIBITION ON DENYING COMPENSATION.—
Section 10(c) of the Shipping Act of 1984 (46 U.S.C. App.
1709(c)), is amended by striking paragraph (5) and in-
serting the following:
‘‘(5) deny in the export foreign commerce of the
United States compensation to an ocean freight for-
warder, or limit that compensation to less than 1.25
percent of the aggregate of all of the rates and
charges applicable under the tariff assessed against
the cargo on which the forwarding services are pro-
vided; or’’.
SEC. 2005. FLORIDA AVENUE BRIDGE.
For purposes of the alteration of the Florida Avenue
Bridge (located approximately 1.63 miles east of the Mis-
sissippi River on the Gulf Intracoastal Waterway in Orle-
ans Parish, Louisiana) ordered by the Secretary of Trans-
portation under the Act of June 21, 1940 (33 U.S.C. 511
220
et seq.; popularly known as the Truman-Hobbs Act), the
Secretary shall treat the drainage siphon that is adjacent
to the bridge as an appurtenance of the bridge, including
with respect to apportionment and payment of costs for
the removal of the drainage siphon in accordance with that
Act.
SEC. 2006. LIMITATION ON CONSOLIDATION OF HOUSTON
AND GALVESTON MARINE SAFETY OFFICES.
The Secretary of Transportation may not consolidate
the Coast Guard Marine Safety Offices in Galveston,
Texas, and Houston, Texas.
SEC. 2007. BUY AMERICAN REQUIREMENT FOR SURFACE
SEARCH RADAR SYSTEMS AND MULTIBEAM
SONAR.
Notwithstanding any other law, at least 51 percent
of the components of surface search radar systems and
multibeam sonar systems for Coast Guard vessels shall be
manufactured in the United States, provided the United
States manufacturer offers the Coast Guard a competitive
price and such requirement is consistent with United
States international obligations.
SEC. 2008. SPECIAL RECRUITING AUTHORITY TO ACHIEVE
DIVERSITY.
(a) FINDINGS.—The Congress makes the following
findings:
221
(1) Women and minorities have historically
been underrepresented in the Coast Guard officer
corps and at the United States Coast Guard Acad-
emy.
(2) Notwithstanding application of traditional
recruiting programs, the Coast Guard has not been
able to rectify the historic underrepresentation of
women and minorities in the service and at the
Academy.
(3) The education and professional training
provided at the United States Coast Guard Academy
will be enhanced by the benefits that flow from a di-
verse student body.
(b) NEW AUTHORITY.—Section 93 of title 14, United
States Code, is amended—
(1) in paragraph (t)(2) by striking ‘‘and’’ after
the semicolon;
(2) in paragraph (u) by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(v) 
for 
the 
purposes 
of 
rectifying
underrepresentation or underutilization of women
and minorities in the Coast Guard and meeting iden-
tified personnel resource requirements and training
needs—
222
‘‘(1) conduct studies and analyses on Coast
Guard personnel resource and training needs;
and
‘‘(2) employ special programs for recruit-
ing women and minorities, including, subject to
appropriations, provision of financial assistance
by grant, cooperative agreement, contract, or
otherwise, to public or private associations, or-
ganizations, or individuals to implement na-
tional or local outreach programs.’’.
SEC. 2009. RECOMMENDATIONS ON ACTIONS FOR THE PRO-
TECTION OF THE NORTH ATLANTIC RIGHT
WHALE.
(a) RECOMMENDATIONS.—Not later than 6 months
after the date of enactment of this Act, the Secretary of
Transportation shall recommend to the Secretary of Com-
merce actions that could be undertaken by the Coast
Guard and the International Maritime Organization to
prevent mortalities of the northern right whale from vessel
collisions in the Great South Channel off Cape Cod, Mas-
sachusetts. Such recommendations may include—
(1) the designation of 1 or more areas to be
avoided;
(2) the shifting of the traffic separation scheme
in the Great South Channel; or
223
(3) other measures the Secretary considers ap-
propriate.
(b) INTERNATIONAL MARITIME ORGANIZATION.—
The Secretary of Transportation, in consultation with the
Secretary of Commerce, shall submit the appropriate rec-
ommendations under subsection (a) to the International
Maritime Organization for consideration.
(c) REPORT.—The Secretary of Commerce shall re-
port in accordance with section 103(f) of the Marine Mam-
mal Protection Act of 1972 (16 U.S.C. 1373(f)) on any
actions taken by the Secretary of Commerce and the Sec-
retary of Transportation pursuant to this section.
SEC. 2010. PROHIBITION ON DIVERSION OF DRUG INTER-
DICTION FUNDS.
The Secretary of Transportation may not reduce the
level of Coast Guard drug interdiction activities during fis-
cal year 1995 below the level proposed by the President
in the fiscal year 1995 budget.
SEC. 2011. LIMITATION ON AUTHORITY OF STATES TO REG-
ULATE GAMBLING DEVICES ON VESSELS.
Section 5(b)(2) of the Act of January 2, 1951 (15
U.S.C. 1175(b)(2)), commonly referred to as the ‘‘John-
son Act’’, is amended by adding at the end the following:
‘‘(C) EXCLUSION
OF
CERTAIN
VOYAGES
AND SEGMENTS.—Except for a voyage or seg-
224
ment of a voyage that occurs within the bound-
aries of the State of Hawaii or the State of
Alaska, a voyage or segment of a voyage is not
described in subparagraph (B) if it includes or
consists of a segment—
‘‘(i) that begins and ends in the same
State;
‘‘(ii) that is part of a voyage to an-
other State or to a foreign country; and
‘‘(iii) in which the vessel reaches the
other State or foreign country within 3
days after leaving the State in which it be-
gins.’’.
SEC. 2012. POLLUTION FROM SHIPS.
(a) PREVENTION OF POLLUTION FROM SHIPS.—Sec-
tion 6 of the Act to Prevent Pollution from Ships (33
U.S.C. 1905) is amended—
(1) in subsection (c)—
(A) in paragraph (2)—
(i) by striking ‘‘(2) If’’ and inserting
the following: ‘‘(2)(A) Subject to subpara-
graph (B), if’’; and
(ii) by adding at the end the following
new subparagraphs:
225
‘‘(B) The Secretary may issue a certificate attesting
to the adequacy of reception facilities under this para-
graph only if, prior to the issuance of the certificate, the
Secretary conducts an inspection of the reception facilities
of the port or terminal that is the subject of the certificate.
‘‘(C) The Secretary may, with respect to certificates
issued under this paragraph prior to the date of enactment
of the Oceans Act of 1994, prescribe by regulation differ-
ing periods of validity for such certificates.’’; and
(B) in paragraph (3), by striking subpara-
graph (A) and inserting the following new sub-
paragraph:
‘‘(A) is valid for the 5-year period beginning on
the date of issuance of the certificate, except that
if—
‘‘(i) the charge for operation of the port or
terminal is transferred to a person or entity
other than the person or entity that is the oper-
ator on the date of issuance of the certificate—
‘‘(I) the certificate shall expire on the
date that is 30 days after the date of the
transfer; and
‘‘(II) the new operator shall be re-
quired to submit an application for a cer-
226
tificate before a certificate may be issued
for the port or terminal; or
‘‘(ii) the certificate is suspended or revoked
by the Secretary, the certificate shall cease to
be valid; and’’; and
(2) by striking subsection (d) and inserting the
following new subsection:
‘‘(d)(1) The Secretary shall maintain a list of ports
or terminals with respect to which a certificate issued
under this section—
‘‘(A) is in effect; or
‘‘(B) has been revoked or suspended.
‘‘(2) The Secretary shall make the list referred to in
paragraph (1) available to the general public.’’.
(b) RECEPTION FACILITY PLACARDS.—Section 6(f)
of the Act to Prevent Pollution from Ships (33 U.S.C.
1905(f)) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;
and
(2) by adding at the end the following new
paragraph:
‘‘(2)(A) Not later than 18 months after the date of
enactment of this paragraph, the Secretary shall promul-
gate regulations that require the operator of each port or
terminal that is subject to any requirement of the
227
MARPOL Protocol relating to reception facilities to post
a placard in a location that can easily be seen by port
and terminal users. The placard shall state, at a mini-
mum, that a user of a reception facility of the port or
terminal should report to the Secretary any inadequacy
of the reception facility.’’.
(c) COMPLIANCE REPORTS.—Section 2201(a) of the
Marine Plastic Pollution Research and Control Act of
1987 (Public Law 100–220; 33 U.S.C. 1902 note) is
amended—
(1) by striking ‘‘for a period of 6 years’’; and
(2) by inserting before the period at the end the
following: ‘‘and, not later than 1 year after the date
of enactment of the Oceans Act of 1994, and annu-
ally thereafter, shall publish in the Federal Register
a list of the enforcement actions taken against any
domestic or foreign ship (including any commercial
or recreational ship) pursuant to the Act to Prevent
Pollution from Ships (33 U.S.C. 1901 et seq.)’’.
(d) MARINE PLASTIC POLLUTION RESEARCH AND
CONTROL
PUBLIC
OUTREACH
PROGRAM.—Section
2204(a) of the Marine Plastic Pollution Research and
Control Act of 1987 (Public Law 100–220; 42 U.S.C.
6981 note) is amended—
(1) in paragraph (1)—
228
(A) in the matter preceding subparagraph
(A), by striking ‘‘for a period of at least 3
years,’’;
(B) in subparagraph (C), by striking
‘‘and’’ at the end;
(C) in subparagraph (D), by striking the
period at the end and inserting ‘‘; and’’; and
(D) by adding at the end the following new
subparagraph:
‘‘(E) the requirements under this Act and
the Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.) with respect to ships and
ports, and the authority of citizens to report
violations of this Act and the Act to Prevent
Pollution from Ships (33 U.S.C. 1901 et
seq.).’’; and
(2) by striking paragraph (2) and inserting the
following new paragraph:
‘‘(2) AUTHORIZED ACTIVITIES.—
‘‘(A) PUBLIC
OUTREACH
PROGRAM.—A
public outreach program under paragraph (1)
may include—
‘‘(i) developing and implementing a
voluntary boaters’ pledge program;