(c) OCEAN RESOURCES AND CONSERVATION ASSESS-
MENT.—Of the amounts authorized under subsection (a),
$99,650,000 for fiscal year 2000 and $99,650,000 for fiscal
year 2001 shall be for Ocean Resources and Conservation
Assessment, of which—
(1) $7,970,000 for fiscal year 2000 and
$7,970,000 for fiscal year 2001 shall be for Oceanic
and Coastal Research;
(2) $7,085,000 for fiscal year 2000 and
$7,085,000 for fiscal year 2001 shall be for the Great
Lakes Environmental Research Laboratory;
(3) $46,281,000 for fiscal year 2000 and
$46,281,000 for fiscal year 2001 shall be for the
Ocean Assessment Program;
(4) $18,884,000 for fiscal year 2000 and
$18,884,000 for fiscal year 2001 shall be for Response
and Restoration; and
(5) $19,430,000 for fiscal year 2000 and
$19,430,000 for fiscal year 2001 shall be for the
Coastal Ocean Program.
(d) ACQUISITION OF DATA.—Of the amounts author-
ized under subsection (a), $17,726,000 for fiscal year 2000
and $17,726,000 for fiscal year 2001 shall be for Acquisi-
tion of Data.
SEC. 4. OCEANIC AND ATMOSPHERIC RESEARCH.
(a) OPERATIONS, RESEARCH, AND FACILITIES.—There
are authorized to be appropriated to the Secretary to enable
the National Oceanic and Atmospheric Administration to
carry out the Operations, Research, and Facilities marine
research and related environmental research and develop-
ment activities of the Office of Oceanic and Atmospheric
Research $44,320,000 for fiscal year 2000 and $44,320,000
for fiscal year 2001, to remain available until expended.
(b) MARINE ENVIRONMENTAL RESEARCH.—Of the
amounts authorized under subsection (a), $22,300,000 for
fiscal year 2000 and $22,300,000 for fiscal year 2001 shall
be for Marine Environmental Research.
(c) NURP.—Of the amounts authorized under sub-
section (a), $9,000,000 for fiscal year 2000 and $9,000,000
for fiscal year 2001 shall be for the National Oceanic and
Atmospheric Administration Undersea Research Program
(NURP).
(d) ACQUISITION OF DATA.—Of the amounts author-
ized under subsection (a), $13,020,000 for fiscal year 2000
and $13,020,000 for fiscal year 2001 shall be for Acquisi-
tion of Data.
SEC. 5. PROGRAM SUPPORT.
(a) OPERATIONS, RESEARCH, AND FACILITIES.—There
are authorized to be appropriated to the Secretary to enable
the National Oceanic and Atmospheric Administration to
carry out the Operations, Research, and Facilities marine
research and related environmental research and develop-
ment activities of Program Support $63,769,000 for fiscal
year 2000 and $63,769,000 for fiscal year 2001, to remain
available until expended.
(b) ADMINISTRATION AND SERVICES.—Of the amounts
authorized under subsection (a), $52,750,000 for fiscal year
2000 and $52,750,000 for fiscal year 2001 shall be for Ad-
ministration and Services, of which—
(1) $19,200,000 for fiscal year 2000 and
$19,200,000 for fiscal year 2001 shall be for Executive
Direction and Administration;
(2) $700,000 for fiscal year 2000 and $700,000
for fiscal year 2001 shall be for Systems Acquisition
Office;
(3) $31,850,000 for fiscal year 2000 and
$31,850,000 for fiscal year 2001 shall be for Central
Administrative Support; and
(4) $1,000,000 for fiscal year 2000 and
$1,000,000 for fiscal year 2001 shall be for Histori-
cally Black Colleges and Universities.
(c) AIRCRAFT SERVICES.—Of the amounts authorized
under subsection (a), $11,019,000 for fiscal year 2000 and
$11,019,000 for fiscal year 2001 shall be for Aircraft Serv-
ices.
(d) INDEPENDENT AUDIT OF AIRCRAFT SERVICES.—
(1) IN GENERAL.—Not later than 60 days after
the date of enactment of this Act, the Secretary shall,
using available funds, enter into appropriate ar-
rangements with an independent external auditor ca-
pable of providing an audit to determine whether
outsourcing of aircraft services is a more cost-effective
alternative to in-house operation of aircraft in meet-
ing the National Oceanic and Atmospheric Adminis-
tration’s aircraft requirements of the conduct of ma-
rine and atmospheric research and related environ-
mental research and development activities, and for
other data and mission needs.
(2) AUDITING PROCEDURES.—
(A) IN GENERAL.—The audit under para-
graph (1) shall be conducted in accordance with
generally accepted government auditing stand-
ards.
(B) ACCESS
TO
INFORMATION.—The Sec-
retary shall provide the independent external
auditor the information such auditor requires to
conduct the audit under paragraph (1). The
independent external auditor may inspect any
records of and have access to personnel of the Na-
tional Oceanic and Atmospheric Administration
to obtain such information.
(3) REPORT OF THE RESULTS OF THE AUDIT.—
Not later than 180 days after the initiation of the
audit required by this subsection, the independent ex-
ternal auditor shall submit a report concerning the
results of the audit to the Committee on Science of the
House of Representatives and the Committee on
Science, Commerce, and Transportation of the Senate.
SEC. 6. FACILITIES.
(a) OPERATIONS, RESEARCH, AND FACILITIES.—There
are authorized to be appropriated to the Secretary to enable
the National Oceanic and Atmospheric Administration to
carry out the Operations, Research, and Facilities marine
research and related environmental research and develop-
ment activities required to carry out Facilities Maintenance
and Repairs and Environmental Compliance $5,717,000
for fiscal year 2000 and $5,717,000 for fiscal year 2001,
to remain available until expended.
(b) FACILITIES MAINTENANCE AND REPAIRS.—Of the
amounts authorized under subsection (a), $1,818,000 for fis-
cal year 2000 and $1,818,000 for fiscal year 2001 shall be
for Facilities Maintenance and Repairs.
(c) ENVIRONMENTAL COMPLIANCE.—Of the amounts
authorized under subsection (a), $3,899,000 for fiscal year
2000 and $3,899,000 for fiscal year 2001 shall be for Facili-
ties Environmental Compliance.
SEC. 7. FLEET MAINTENANCE, PLANNING AND REPLACE-
MENT.
(a) FLEET MAINTENANCE AND PLANNING.—There are
authorized to be appropriated to the Secretary to enable the
National Oceanic and Atmospheric Administration to carry
out the Operations, Research, and Facilities marine re-
search and related environmental research and development
activities of Fleet Maintenance and Planning $9,243,000
for fiscal year 2000 and $9,243,000 for fiscal year 2001,
to remain available until expended.
(b) FLEET REPLACEMENT.—There are authorized to be
appropriated 
to 
the 
National 
Science 
Foundation
$50,000,000 for fiscal year 2000 and $50,000,000 for fiscal
year 2001, to remain available until expended, to meet the
marine research and related environmental research and
development data requirements of the National Oceanic and
Atmospheric Administration set forth in the ‘‘NOAA Fish-
eries Data Acquisition Plan’’, dated September 1998, and
that could also help meet the Nation’s marine research and
related environmental research and development needs. The
National Science Foundation, in consultation with the De-
partment of the Navy, the University-National Oceanic
Laboratory System, academia, the National Oceanic and
Atmospheric Administration, the private sector, and any
other parties it considers appropriate, shall develop a strat-
egy for meeting such requirements and other Federal ma-
rine research and related environmental research and devel-
opment requirements, using funds appropriated under this
subsection and at the lowest possible cost. The National
Science Foundation shall consider all options, including
various methods of acquiring vessel services, remote sensing,
and any other possible means.
(c) REPORT.—Not later than 180 days after the date
of enactment of this Act, the Director of the National
Science Foundation shall submit to the Committee on
Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate
a report detailing the strategy developed pursuant to sub-
section (b) and a plan for implementing such strategy. The
Director shall include in such report an analysis of the ex-
tent to which funds authorized by subsection (b) will be suf-
ficient to implement such strategy.
(d) NOTIFICATION REQUIREMENT FOR REDUCTION IN
AUTHORIZED NUMBER OF NOAA CORPS COMMISSIONED
OFFICERS.—Section 2(a)(3) of the Coast and Geodetic Sur-
vey Commissioned Officers’ Act of 1948 (33 U.S.C.
853a(a)(3)) is amended by inserting ‘‘and the Committee
on Science’’ after ‘‘Committee on Resources’’.
SEC. 8. MARINE SERVICES.
(a) SERVICE CONTRACTS.—Notwithstanding any other
provision of law and subject to the availability of appro-
priations, the Secretary shall enter into contracts, including
multiyear contracts, subject to subsection (c), for the use of
vessels to conduct marine research and related environ-
mental research and development activities, monitoring, en-
forcement, and management, and to acquire other data nec-
essary to carry out the missions of the National Oceanic
and Atmospheric Administration. The Secretary shall enter
into these contracts unless—
(1) the cost of the contract is more than the cost
(including the cost of vessel operation, maintenance,
and all personnel) to the National Oceanic and At-
mospheric Administration of obtaining those services
on vessels of the National Oceanic and Atmospheric
Administration;
(2) the contract is for more than 7 years; or
(3) the data are acquired through a vessel agree-
ment pursuant to subsection (d).
(b) VESSELS.—The Secretary may not enter into any
contract under this section for the construction, lease-pur-
chase, upgrade, or service life extension of any vessel.
(c) MULTIYEAR CONTRACTS.—
(1) IN GENERAL.—Subject to paragraphs (2) and
(3), and notwithstanding section 1341 of title 31,
United States Code, and section 11 of title 41, United
States Code, the Secretary may acquire data, includ-
ing marine research and related environmental re-
search and development data, under multiyear con-
tracts.
(2) REQUIRED FINDINGS.—The Secretary may
not enter into a contract pursuant to this subsection
unless the Secretary finds with respect to that con-
tract that there is a reasonable expectation that
throughout the contemplated contract period the Sec-
retary will request from Congress funding for the con-
tract at the level required to avoid contract termi-
nation.
(3) REQUIRED PROVISIONS.—The Secretary may
not enter into a contract pursuant to this subsection
unless the contract includes—
(A) a provision under which the obligation
of the United States to make payments under the
contract for any fiscal year is subject to the
availability of appropriations provided in ad-
vance for those payments;
(B) a provision that specifies the term of ef-
fectiveness of the contract; and
(C) appropriate provisions under which, in
case of any termination of the contract before the
end of the term specified pursuant to subpara-
graph (B), the United States shall only be liable
for the lesser of—
(i) an amount specified in the contract
for such a termination; or
(ii) amounts that were appropriated
before the date of the termination for the
performance of the contract or for procure-
ment of the type of acquisition covered by
the contract and are unobligated on the date
of the termination.
(d) VESSEL AGREEMENTS.—The Secretary shall use
excess capacity of University-National Oceanographic Lab-
oratory System vessels where appropriate and may enter
into memoranda of agreement with the operators of these
vessels to carry out this requirement.
SEC. 9. REPEAL.
The NOAA Fleet Modernization Act (33 U.S.C. 891
et seq.) is repealed.
SEC. 10. INTERNET AVAILABILITY OF INFORMATION.
The Administrator shall make available through the
Internet home page of the National Oceanic and Atmos-
pheric Administration the abstracts relating to all research
grants and awards made with funds authorized by this Act.
Nothing in this section shall be construed to require or per-
mit the release of any information prohibited by law or reg-
ulation from being released to the public.
SEC. 11. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL.—The Administrator and the Direc-
tor shall exclude from consideration for grant agreements
made after fiscal year 1999 by the National Oceanic and
Atmospheric Administration and the National Science
Foundation, under the activities for which funds are au-
thorized by this Act, any person who received funds, other
than those described in subsection (b), appropriated for a
fiscal year after fiscal year 1999, under a grant agreement
from any Federal funding source for a project that was not
subjected to a competitive, merit-based award process, ex-
cept as specifically authorized by this Act. Any exclusion
from consideration pursuant to this section shall be effective
for a period of 5 years after the person receives such Federal
funds.
(b) EXCEPTION.—Subsection (a) shall not apply to the
receipt of Federal funds by a person due to the membership
of that person in a class specified by law for which assist-
ance is awarded to members of the class according to a for-
mula provided by law.
(c) DEFINITION.—For purposes of this section, the
term ‘‘grant agreement’’ means a legal instrument whose
principal purpose is to transfer a thing of value to the re-