I
103D CONGRESS
2D SESSION
H. R. 4008
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
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 ex-
penses 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 commis-
sioned officers of the National Oceanic and Atmos-
pheric Administration, and for other purposes’’, ap-
proved December 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
appropriated to the Secretary of Commerce, to en-
able the National Oceanic and Atmospheric Adminis-
tration to carry out mapping and charting activities
under the Act of 1947 and any other law involving
those activities, $28,500,000 for fiscal year 1994
and $29,505,000 for fiscal year 1995.
(2) AUTOMATED NAUTICAL CHARTING.—In ad-
dition 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 1994 and $1,300,000 for
fiscal year 1995.
(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, $17,900,000 for fiscal year
1994 and $19,332,000 for fiscal year 1995.
(c) OBSERVATION AND PREDICTION.—
(1) IN GENERAL.—There are authorized to be
appropriated to the Secretary of Commerce, to en-
able the National Oceanic and Atmospheric Adminis-
tration to carry out observation and prediction ac-
tivities under the Act of 1947 and any other law in-
volving those activities, $11,800,000 for fiscal year
1994 and $12,423,000 for fiscal year 1995.
(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 1994 and $700,000 for fiscal year 1995.
(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
Atmospheric Administration to carry out ocean and
earth science activities, $4,442,000 for fiscal year
1994 and $4,442,000 for fiscal year 1995.
(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
Analysis and Prediction, $400,000 for fiscal year
1994 and $400,000 for fiscal year 1995.
(d) ESTUARINE AND COASTAL ASSESSMENT.—
(1) IN GENERAL.—In addition to amounts au-
thorized under paragraph (1), there are authorized
to be appropriated to the Secretary of Commerce, to
enable the National Oceanic and Atmospheric ad-
ministration to support estuarine and coastal assess-
ment activities under the Act of 1947 and any other
law involving those activities, $2,420,000 for fiscal
year 1994 and $2,420,000 for fiscal year 1995.
(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
Materials Response Program, $17,369,000 for fiscal
year 1994 and $19,000,000 for fiscal year 1995.
(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, $1,200,000 for fiscal
year 1994 and $1,200,000 for fiscal year 1995.
(4) COASTAL OCEAN PROGRAM.—In addition to
amounts authorized under paragraph (1), there are
authorized to be appropriated to the Secretary of
Lakes Environmental Research Laboratory,
$4,558,000 for fiscal year 1994 and $4,558,000
for fiscal year 1995.
(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 Admin-
istration to carry out nearshore research activi-
ties of the Great Lakes Environmental Re-
search Laboratory, $200,000 for fiscal year
1994 and $200,000 for fiscal year 1995.
(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 1994 and 1995
to enable the National Oceanic and Atmospheric Ad-
ministration to carry out, through the Cooperative
Institute for Marine and Atmospheric Studies, col-
laborative investigations 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.
TITLE II—ADMINISTRATION AND
OTHER ACCOUNTS
SEC. 201. PROGRAM SUPPORT.
(a) MARINE SERVICES.—There are authorized to be
appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to
carry out marine services activities (including ship oper-
ations, maintenance, and support) under the Act of 1947
and any other law involving those activities, $62,037,000
for fiscal year 1994 and $63,588,000 for fiscal year 1995.
TITLE III—MISCELLANEOUS
NOAA PROGRAMS
SEC. 301. NAUTICAL PRODUCTS.
(a) DEPOSIT AND USE OF RECEIPTS FROM NAU-
TICAL PRODUCTS.—Notwithstanding section 1307(b) of
title 44, United States Code, one-sixth of the fees collected
each fiscal year from the sale of nautical products by the
National Oceanic and Atmospheric Administration and
from any licensing of those products by the National Oce-
anic and Atmospheric Administration which is authorized
by law—
(1) shall be deposited into the Operations, Re-
search, and Facilities account of the National Oce-
anic and Atmospheric Administration; and
(2) shall be available to the Secretary of Com-
merce, in the manner provided for under section
312(d) of the National Marine Sanctuaries Act, only
for the acquisition and installation of Physical Ocean
Real-Time Systems, the acquisition and maintenance
of upgraded hydrographic survey equipment, and
other National Ocean Service activities directly relat-
ed to the modernization and improvement of mari-
time safety.
(b) BUDGETARY TREATMENT OF RECEIPTS FROM
NAUTICAL PRODUCTS.—Amounts deposited and available
to the Secretary of Commerce under subsection (a) (1)
and (2)—
(1) shall not be considered to be offsetting re-
ceipts of the National Oceanic and Atmospheric Ad-
ministration or the Department of Commerce; and
(2) shall not be available for administrative
costs of the National Oceanic and Atmospheric Ad-
ministration or the Department of Commerce.
(c) DEPLOYMENT OF PHYSICAL OCEAN REAL-TIME
SYSTEM.—No later than 180 days after the date of enact-
ment of this Act, the Secretary of Commerce shall deploy,
in Galveston Bay and the Houston Ship Channel a Phys-
ical Ocean Real-Time System consisting, at a minimum,
of current, wind, tide, salinity, and water level measuring
devices and necessary computer links.
SEC. 302. USE OF OCEAN RESEARCH RESOURCES OF OTHER
FEDERAL AGENCIES.
(a) FINDINGS.—The Congress finds the following:
(1) Changes in the defense needs of the United
States have redefined the status of many defense-re-
lated assets.
(2) Observing, monitoring, and predicting the
ocean environment has been a high priority for the
defense community to support ocean operations.
(3) Many advances in ocean research have been
made by the defense community which could be
shared with civilian researchers.
(4) The National Oceanic and Atmospheric Ad-
ministration’s missions to describe and predict the
ocean environment, manage the Nation’s ocean and
coastal resources, and promote stewardship of the
world’s oceans would benefit from increased coopera-
tion with defense agencies.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that the National Oceanic and Atmospheric Ad-
ministration should expand its efforts to develop inter-
agency agreements to further the use of defense-related
technologies, data, and other resources to support its oce-
anic missions.
SEC. 303. NAUTICAL CHARTING MODERNIZATION AND IM-
PROVEMENT.
(a) STUDY.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of Commerce
shall submit to the Committee on Merchant Marine and
Fisheries of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate a report on the status of National Ocean and At-
mospheric Administration programs related to marine
navigation safety.
(b) CONTENTS.—The study under subsection (a)
shall include the funding history of navigation-related pro-
grams of the National Oceanic and Atmospheric Adminis-
tration, adjusted for inflation, over at least the last 10
fiscal years, and detailed findings and recommendations
on the following:
(1) The missions and objectives of National
Oceanic and Atmospheric Administration’s naviga-
tion-related programs, including regarding the statu-
tory or other authorities that enable or require the
National Oceanic and Atmospheric Administration
to conduct those programs.
(2) The technological, financial, or other factors
that limit the National Oceanic and Atmospheric
Administration’s ability to modernize its navigation-
related programs.
(3) Near-term actions, without regard to finan-
cial constraints, that are required to enable National
Oceanic and Atmospheric Administration to address
critical deficiencies in its navigation-related pro-
grams.
(4) Actions that need to be taken to allow the
National Oceanic and Atmospheric Administration
to fulfill its navigation-related responsibilities into
the 21st century.
(5) A comparison of the resources and activities
of National Oceanic and Atmospheric Administra-
tion’s navigation-related programs with those of
other Federal agencies supporting the United States
maritime infrastructure.
(6) Past organizational changes within the Na-
tional Oceanic and Atmospheric Administration and
foreseeable future organizational changes that have
affected, or would affect, the ability of the National
Oceanic and Atmospheric Administration to provide
navigation-related services.
SEC. 304. MULLICA RIVER RESEARCH RESERVE.
The Secretary of Commerce shall give priority consid-
eration to designating Mullica River, New Jersey, as a na-
tional estuarine reserve under section 315(b) of the Coast-
al Zone Management Act of 1972 (16 U.S.C. 1461(b)).
SEC. 305. WEST COAST GROUNDFISH LABORATORY.
In selecting a site for placement of a replacement for
the National Marine Fisheries Service Lab at Tiburon,
California, the Secretary of Commerce shall take into ac-
count the following factors:
(1) The proximity of sites considered to—
(A) groundfish fisheries, salmon fisheries,
and other unique marine study areas;
(B) academic and private research institu-
tions which conduct relevant marine habitat
and environmental research;
(C) other National Oceanic and Atmos-
pheric Administration research and manage-
ment elements; and
(D) other Federal, State, and private ma-
rine related research facilities.
(2) The ability of the National Oceanic and At-
mospheric Administration to retain current staff.
(3) The relative construction and operation
costs, including the potential for collocation with
other Federal facilities.
SEC. 306. MARINE SANCTUARIES FACILITIES.
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Commerce shall report
to the Committee on Merchant Marine and Fisheries of
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate on re-
quirements for needs of the Department of Commerce for
facilities (including real property for facilities) for the Na-
tional Marine Sanctuary Program established under the
National Marine Sanctuaries Act (16 U.S.C. 1431 et
seq.).
SEC. 307. SAN FRANCISCO BAY PORTS SYSTEM.
(a) IN GENERAL.—The Secretary of Commerce
(hereinafter in this section referred to as the ‘‘Secretary’’)
shall establish for San Francisco Bay in accordance with
this section the safe navigation system known as the Phys-
ical-Oceanographic Real-Time System (known, and herein-
after in this section referred to, as the ‘‘PORTS System’’),
after completion of implementation of section 301(c).
(b) STUDY.—After completion of implementation of
section 301(c), and not later than 1 year after the date
of that completion, the Secretary shall conduct a
hydrodynamics modeling study of San Francisco Bay to
determine the appropriate technology and equipment and
the effective placement of instruments for the establish-
ment of the PORTS System for San Francisco Bay.
(c) IMPLEMENTATION.—
(1) IN GENERAL.—Not later than 1 year after
the completion of the study under subsection (b), the
Secretary, in consultation with the State of Califor-
nia Office of Oil Spill Prevention and Response and
subject to paragraph (2), shall acquire, install, and
activate appropriate equipment to establish an oper-
ational PORTS System for the San Francisco Bay.
(2) CONDITION.—The Secretary may not take
any action under paragraph (1) unless the State of
California Office has provided to the Secretary ade-
quate assurances that the State will fund the oper-
ation and maintenance of the PORTS System for
San Francisco Bay after its installation.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary to carry
out this section $4,200,000 for fiscal years 1995 and
1996.
SEC. 308. CONVEYANCE OF NATIONAL MARINE FISHERIES
SERVICE 
LABORATORY 
AT 
GLOUCESTER,
MASSACHUSETTS.
(a) CONVEYANCE REQUIRED.—
(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 Av-
enue 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 con-
veyance of property under this section, the Common-
wealth of Massachusetts shall assume full respon-
sibility for maintenance of the property for as long
as the Commonwealth retains the rights 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 Massachu-
setts under which the National Marine Fisheries
Service is authorized to occupy existing laboratory
space on the property conveyed under this section,
if—
(A) the term of the memorandum of un-
derstanding is for a period of not longer than
5 years beginning on the date of enactment of
this Act; and
(B) the square footage of the space to be
occupied by the National Marine Fisheries
Service does not conflict with the needs of, and
is agreeable to, the Commonwealth of Massa-
chusetts.
(c) REVERSIONARY INTEREST.—All right, title, and
interest in and to all property and interests conveyed
under this section shall revert to the United States on the
date on which the Commonwealth of Massachusetts uses
any of the property for any purpose other than the Com-
monwealth of Massachusetts Division of Marine Fisheries
resource management program.
SEC. 309. REIMBURSEMENT OF EXPENSES.
(a) IN GENERAL.—Notwithstanding section 3302 (b)
and (c) of title 31, United States Code, and subject to
subsection (b), all amounts received by the United States
in settlement of, or judgment for, damage claims arising
from the October 9, 1992, allision of the vessel
ZACHERY into the National Oceanic and Atmospheric
Administration research vessel DISCOVERER—
(1) shall be retained as an offsetting collection
in the Fleet Modernization, Shipbuilding, and Con-
version account of the National Oceanic and Atmos-
pheric Administration;
(2) shall be deposited in that account upon re-
ceipt by the United States Government; and
(3) shall be available only for obligation for Na-
tional Oceanic and Atmospheric Administration ves-
sel repairs.
(b) LIMITATION.—Not more than $518,757.09 of the
amounts referred to in subsection (a) may be deposited
into the Fleet Modernization, Shipbuilding, and Conver-
sion account pursuant to subsection (a).
SEC. 310. NOAA FLEET MODERNIZATION.
(a) AUTHORITY TO CONTRACT.—
(1) IN
GENERAL.—The Secretary may enter
into only the following contracts in fiscal year 1995
to implement the Plan:
(A) A service life extension for the R/V
OCEANOGRAPHER.
(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.
(E) Conversion of a T–AGOS vessel for
mapping and charting.
(F) Construction of a coastal/low endur-
ance vessel for living marine research.
(G) Leasing to fulfill any NOAA mission
requirements.
(H) Necessary repairs to and maintenance
of any vessel in the NOAA fleet, subject to sub-
section (b).
(I) 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 depart-
ment, agencies, or instrumentality, if the vessel
which is the subject of the contract will be operated
by or for the benefit of the Department of Com-
merce.’’.
(b) LIMITATION ON EXPENDITURES FOR REPAIRS
AND MAINTENANCE.—Section 606 of the NOAA Fleet
Modernization Act (33 U.S.C. 891d) is amended by add-
ing at the end the following:
‘‘(d) LIMITATION ON EXPENDITURES FOR REPAIR
AND MAINTENANCE.—
‘‘(1) IN GENERAL.—Notwithstanding any other
law, of the amount appropriated for a fiscal year to
the Fleet Modernization, Shipbuilding, and Conver-
sion Account of the National Oceanic and Atmos-
pheric Administration, not more than 10 percent
may be expended by the Secretary for repairs and
maintenance of vessels in the NOAA fleet.
‘‘(2) APPLICATION.—Paragraph (1) applies to
amounts appropriated for a fiscal year after fiscal
year 1991.’’.
(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.
Æ
HR 4008 IH——2