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) by striking ‘‘SEC. 2.’’ the second
place it appears;
(2) in subsection (b)(1) by—
(A) striking subparagraph (B);
(B) striking ‘‘only for—’’ and all
that follows 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 sub-
paragraph (C) of this paragraph, 2
ems to the left so that the left margin
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
(3) by striking the designation and
heading for subsection (c) and all that
follows through paragraph (4) of that
subsection, and inserting the following:
‘‘(c) FISHERIES
RESEARCH
AND
DEVELOP-
MENT 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 re-
search and development projects to pro-
mote the sustainable use and develop-
ment of United States fisheries, including
harvesting, processing, aquaculture, mar-
keting, and associated infrastructures.
‘‘(2) SECRETARY’S
DUTIES.—The Sec-
retary shall each fiscal year—
‘‘(A) receive at least once, during
a 60-day period specified by the Sec-
retary, applications for grants under
this subsection pursuant to a Request
for Proposals published in the Fed-
eral Register;
‘‘(B) prescribe in that Request for
Proposals the form and manner in
which applications for grants under
this subsection must be made, includ-
ing the specification of the informa-
tion which must accompany applica-
tions to ensure that the proposed
projects comply with Federal law and
can be properly evaluated under
paragraph (3);
‘‘(C) include in that Request for
Proposals a list of priorities for
grants under this subsection that is
based on the priorities recommended
for the fiscal year under paragraph
(3)(F); and
‘‘(D) approve or disapprove each
such application—
‘‘(i) based primarily on the
recommendations of the grants
review panel established under
paragraph (3) for the fiscal year;
and
‘‘(ii) before the end of the 90-
day period beginning on the day
after the last day of the applica-
tion period specified in the Re-
quest for Proposals under sub-
paragraph (A); and
‘‘(E) to the extent amounts are
available, obligate funds for grants
for approved applications before the
end of the fiscal year for which the
funds are available, except that up to
10 percent of funds available for a fis-
cal year may be obligated in the next
fiscal year.
‘‘(3) EVALUATION AND APPROVAL OF PRO-
POSALS.—
‘‘(A) 
SUITABILITY
FOR
EVALUA-
TION.—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 require-
ments of this subsection and is
consistent with the priorities rec-
ommended for the fiscal year
under subparagraph (F); and
‘‘(ii) if so, forward the pro-
posal to the grants review panel
established for the fiscal year
under subparagraph (B).
‘‘(B) GRANTS REVIEW PANEL.—Each
fiscal year, the Secretary shall estab-
lish a grants review panel that con-
sists of individuals with expertise in
fisheries research, development, or
management, that represents a bal-
ance among those disciplines, that is
balanced in the representation of
those disciplines, and that is bal-
anced in the representation of the ge-
ographic regions of the United States.
Each grants review panel shall re-
view each proposal forwarded by the
Secretary under subparagraph (A)(ii)
and make recommendations to the
Secretary for awarding grants under
this subsection among those propos-
als for the fiscal year, subject to the
criteria described in subparagraph
(C) and consistent with the funding
available for the fiscal year.
‘‘(C) CRITERIA FOR EVALUATION OF
PROPOSALS.—Each 
grants 
review
panel shall evaluate each proposal as
to—
‘‘(i) the value of the proposal
in promoting the purpose de-
scribed in paragraph (1) in gen-
eral and in fulfilling the applica-
ble 
regional 
priorities 
rec-
ommended under subparagraph
(F);
‘‘(ii) the soundness of its de-
sign (including the likelihood of
securing useful results, and the
organization and management of
the proposal);
‘‘(iii) the minimization of du-
plication 
within 
fisheries 
re-
search and development activi-
ties; and
‘‘(iv) based on the criteria in
clauses (i), (ii) and (iii), the over-
all quality and rank of the pro-
posal relative to the other propos-
als under review.
‘‘(D) 
INDUSTRIAL
PARTNERS.—In
evaluating 
and 
ranking 
proposals
under this subsection that are of
equivalent overall quality and rank
based on the criteria set forth in sub-
paragraph (C), a grants review panel
and the Secretary shall give pref-
erence to proposals in which at least
1 of the persons that would be a prin-
cipal grantee under the proposal re-
ceives a substantial portion of income
from seafood harvesting, processing,
marketing, or propagation.
‘‘(E) NOTICE
OF
DECISION
BY
THE
SECRETARY.—If 
the 
Secretary 
ap-
proves or disapproves an application
for a proposal contrary to the rec-
ommendations of a grants review
panel, the Secretary shall notify the
panel, the Committee on Merchant
Marine and Fisheries of the House of
Representatives and the Committee
on Commerce, Science, and Transpor-
tation of the Senate in writing of that
decision, including the reasons for
that decision.
‘‘(F) RECOMMENDATIONS
FOR
FU-
TURE
FUNDING
PRIORITIES.—Each
grants review panel shall, after evalu-
ating proposals and making grants
recommendations, and after consult-
ing 
with 
interested 
parties, 
rec-
ommend to the Secretary for the next
fiscal year national and regional pri-
orities 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 protect
the interests of the United States, includ-
ing the following:
‘‘(A) RECORDS.—The recipient of
the grant—
‘‘(i) must keep such records as
the Secretary shall require as
being necessary and appropriate
for disclosing the use made of
grant funds; and
‘‘(ii) shall allow the Secretary
and the Comptroller General of
the United States, or any of their
authorized 
representatives, 
ac-
cess to such records for purposes
of audit and examination.
‘‘(B) 
AMOUNT
OF
GRANT.—The
amount of a grant may not be less
than 50 percent of the estimated cost
of the project.
‘‘(C) PERIOD
OF
GRANT.—A grant
may not provide funding for more
than 2 years from the date of the re-
lease of the funds to the grantee.
‘‘(D) STATUS REPORT.—The recipi-
ent of a grant shall submit annually
to the Secretary a project status re-
port. The Secretary may not release
funds to the recipient for any subse-
quent period of funding for that
grant or for any other grant to that
recipient 
made 
by 
the 
Secretary
under this subsection until the Sec-
retary receives that report.’’.
(b) APPLICATION.—
(1) IN GENERAL.—Except as provided
in paragraph (2), the amendments made
by this section apply to fiscal years be-
ginning after the date of the enactment of
this Act.
(2) LIST OF REGIONAL PRIORITIES.—Not-
withstanding section 2(c)(2)(C) of the Act
of August 11, 1939, as amended by sub-
section (a)(2) of this section, the list of
priorities referred to in that section for
the first fiscal year beginning after the
date of the enactment of this Act is not
required to be based on priorities rec-
ommended under paragraph (3)(F) of that
section.
TITLE III—ADMINISTRATION
AND OTHER ACCOUNTS
SEC. 301. PROGRAM SUPPORT.
(a) EXECUTIVE DIRECTION AND ADMINISTRA-
TIVE ACTIVITIES.—There are authorized to be
appropriated to the Secretary of Commerce,
to enable the National Oceanic and Atmos-
pheric Administration to carry out executive
direction and administrative activities under
the Act of 1970 and any other law involving
those activities, $25,000,000 for fiscal year
1995 and $25,900,000 for fiscal year 1996.
(b) SYSTEMS ACQUISITION OFFICE.—There
are authorized to be appropriated to the Sec-
retary of Commerce, to enable the National
Oceanic and Atmospheric Administration to
operate and maintain the Systems Acquisition
Office under the Act of 1970, $1,100,000 for fis-
cal year 1995 and $1,140,000 for fiscal year
1996.
(c) CENTRAL ADMINISTRATIVE SUPPORT.—
There are authorized to be appropriated to
the Secretary of Commerce, to enable the Na-
tional Oceanic and Atmospheric Administra-
tion to carry out central administrative sup-
port activities under the Act of 1970 and any
other 
law 
involving 
those 
activities,
$38,000,000 for fiscal year 1995 and $39,368,000
for fiscal year 1996.
(d) RETIRED PAY.—There are authorized to
be appropriated to the Secretary of Com-
merce, for retired pay for retired commis-
sioned officers of the National Oceanic and
Atmospheric Administration under the Act of
1970, $7,706,000 for fiscal year 1995 and
$7,983,000 for fiscal year 1996.
(e) MARINE SERVICES.—There are author-
ized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic
and Atmospheric Administration to carry out
marine services activities (including ship op-
erations, maintenance, and support) under
the Act of 1947 and any other law involving
those activities, $63,508,000 for fiscal year
1995 and $65,794,000 for fiscal year 1996.
TITLE IV—MISCELLANEOUS
NOAA PROGRAMS
SEC. 401. NAUTICAL PRODUCTS.
(a) DEPOSIT
AND USE
OF RECEIPTS
FROM
NAUTICAL
PRODUCTS.—Notwithstanding sec-
tion 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 Na-
tional Oceanic and Atmospheric Administra-
tion and from any licensing of those products
by the National Oceanic and Atmospheric Ad-
ministration which is authorized by law—
(1) shall be deposited into the Oper-
ations, Research, and Facilities account
of the National Oceanic and Atmospheric
Administration; and
(2) shall be available to the Secretary
of Commerce, in the manner provided for
under section 312(d) of the National Ma-
rine Sanctuaries Act, only for the acquisi-
tion and installation of Physical Ocean
Real-Time Systems, the acquisition and
maintenance of upgraded hydrographic
survey equipment, and other National
Ocean Service activities directly related
to the modernization and improvement of
maritime safety.
(b) BUDGETARY TREATMENT
OF RECEIPTS
FROM NAUTICAL PRODUCTS.—Amounts depos-
ited and available to the Secretary of Com-
merce under subsection (a)(1) and (2)—
(1) shall not be considered to be off-
setting receipts of the National Oceanic
and Atmospheric Administration or the
Department of Commerce; and
(2) shall not be available for adminis-
trative costs of the National Oceanic and
Atmospheric Administration or the De-
partment of Commerce.
(c) DEPLOYMENT OF PHYSICAL OCEAN REAL
TIME SYSTEM.—No later than 270 days after
the date of enactment of this Act, the Sec-
retary of Commerce shall deploy, in Galveston
Bay and the Houston Ship Channel a Physical
Ocean Real Time System consisting, at a mini-
mum, of current, wind, tide, salinity, and
water level measuring devices and necessary
computer links.
SEC. 402. USE OF OCEAN RESEARCH RESOURCES OF OTHER
FEDERAL AGENCIES.
(a) FINDINGS.—The Congress finds the fol-
lowing:
(1) Changes in the defense needs of
the United States have redefined the sta-
tus of many defense-related assets.
(2) Observing, monitoring, and pre-
dicting 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 commu-
nity which could be shared with civilian
researchers.
(4) The National Oceanic and Atmos-
pheric Administration’s missions to de-
scribe and predict the ocean environ-
ment, manage the Nation’s ocean and
coastal resources, and promote steward-
ship of the world’s oceans would benefit
from increased cooperation with defense
agencies.
(b) SENSE OF CONGRESS.—It is the sense of
the Congress that the National Oceanic and
Atmospheric Administration should expand
its efforts to develop interagency agreements
to further the use of defense-related tech-
nologies, data, and other resources to support
its oceanic missions.
(c) REPORT.—
(1) IN
GENERAL.—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 Committee on
Commerce, Science, and Transportation
of the Senate a report on the feasibility of
expanding the use of defense-related
technologies, data, and other resources to
support and enhance the oceanic mis-
sions of the National Oceanic and Atmos-
pheric Administration.
(2) CONTENTS.—The report required
under paragraph (1) shall include—
(A) a detailed listing of defense-
related resources currently available
to the National Oceanic and Atmos-
pheric Administration and the Na-
tional Oceanic and Atmospheric Ad-
ministration missions which utilize
those resources;
(B) detailed findings and rec-
ommendations, including funding re-
quirements, on the potential for ex-
panding the use of available defense-
related resources;
(C) a detailed listing and funding
history of the National Oceanic and
Atmospheric 
Administration 
re-
sources, including data and tech-
nology, which could be supplemented
by defense-related resources;
(D) a listing of currently unavail-
able defense-related resources, in-
cluding data and technology, which if
made available would enhance the
National Oceanic and Atmospheric
Administration mission performance;
(E) recommendations on the regu-
latory and legislative structures need-
ed to maximize the use of defense-re-
lated resources;
(F) an assessment of the respec-
tive roles in the use of defense-relat-
ed resources of the Corps, data cen-
ters, operational centers, and re-
search facilities of the National Oce-
anic and Atmospheric Administra-
tion; and
(G) recommendations on how to
provide access to relevant defense-re-
lated data for non-Federal scientific
users.
SEC. 403. NAUTICAL CHARTING MODERNIZATION AND IM-
PROVEMENT.
(a) STUDY.—Not later than 270 days after
the date of the enactment of this Act, the Sec-
retary of Commerce shall submit to the Com-
mittee on Merchant Marine and Fisheries of
the House of Representatives and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate a report on the status of
National Oceanic and Atmospheric Adminis-
tration programs related to marine naviga-
tion safety.
(b) CONTENTS.—The study under sub-
section (a) shall include the funding history of
navigation-related programs of the National
Oceanic and Atmospheric Administration, ad-
justed for inflation, over at least the last 10
fiscal years, and detailed findings and rec-
ommendations on the following:
(1) The missions and objectives of Na-
tional Oceanic and Atmospheric Adminis-
tration’s navigation-related programs, in-
cluding regarding the statutory or other
authorities that enable or require the Na-
tional Oceanic and Atmospheric Adminis-
tration to conduct those programs.
(2) The technological, financial, or
other factors that limit the National Oce-
anic and Atmospheric Administration’s
ability to modernize its navigation-relat-
ed programs.
(3) The relative construction and op-
eration costs, including the potential for
collocation with other Federal facilities.
SEC. 405. MARINE SANCTUARIES FACILITIES.
Not later than 120 days after the date of
the enactment 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
Commerce, Science, and Transportation of
the Senate on needs of the Department of
Commerce for facilities (including real prop-
erty for facilities) for the National Marine
Sanctuary Program established under the Na-
tional Marine Sanctuaries Act (16 U.S.C. 1431
et seq.).
SEC. 406. SAN FRANCISCO BAY PORT SYSTEM.
(a) IN GENERAL.—The Secretary of Com-
merce (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
Physical Ocean Real Time System (known,
and hereinafter in this section referred to, as
the ‘‘PORT System’’), after completion of im-
plementation of section 401(c).
(b) STUDY.—After completion of implemen-
tation of section 401(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 deter-
mine the appropriate technology and equip-
ment and the effective placement of instru-
ments for the establishment of the PORT Sys-
tem 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 consulta-
tion with the State of California Office of
Oil Spill Prevention and Response and
subject to paragraph (2), shall acquire,
install, and activate appropriate equip-
ment to establish an operational PORT
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 adequate as-
surances that the State will fund the op-
eration and maintenance of the PORT
System for San Francisco Bay after its in-
stallation.
(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. 407. CONVEYANCE OF NATIONAL MARINE FISHERIES
SERVICE 
LABORATORY 
AT 
GLOUCESTER,
MASSACHUSETTS.
(a) CONVEYANCE REQUIRED.—
(1) IN
GENERAL.—The Secretary of
Commerce shall convey to the Common-
wealth of Massachusetts, all right, title,
and interest of the United States in and
to the property comprising the National
Marine Fisheries Service laboratory lo-
cated on Emerson Avenue in Gloucester,
Massachusetts.
(2) TERMS.—A conveyance of property
under paragraph (1) shall be made—
(A) without payment of consider-
ation; and
(B) subject to the terms and con-
ditions specified under subsections
(b) and (c).
(b) CONDITIONS FOR TRANSFER.—
(1) IN GENERAL.—As a condition of any
conveyance of property under this sec-
tion, the Commonwealth of Massachu-
setts shall assume full responsibility 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 understanding with the
Commonwealth of Massachusetts under
which the National Marine Fisheries
Service is authorized to occupy existing
laboratory space on the property con-
veyed under this section, if—
(A) the term of the memorandum
of understanding 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
Massachusetts.
(c) REVERSIONARY
INTEREST.—All right,
title, and interest in and to all property con-
veyed under this section shall revert to the
United States on the date on which the Com-
monwealth of Massachusetts uses any of the
property for any purpose other than the Com-
monwealth of Massachusetts Division of Ma-
rine Fisheries resource management pro-
gram.
SEC. 408. REIMBURSEMENT OF EXPENSES.
(a) IN GENERAL.—Notwithstanding section
3302 (b) and (c) of title 31, United States Code,
and subject to subsection (b) of this section,
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 Oce-
anic and Atmospheric Administration re-
search vessel DISCOVERER—
(1) shall be retained as an offsetting
collection in the Fleet Modernization,
Shipbuilding, and Conversion account of
the National Oceanic and Atmospheric
Administration;
(2) shall be deposited in that account
upon receipt by the United States Gov-
ernment; and
(3) shall be available only for obliga-
tion for National Oceanic and Atmos-
pheric Administration vessel repairs.
(b) 
LIMITATION.—Not 
more 
than
$518,757.09 of the amounts referred to in sub-
section (a) may be deposited into the Fleet
Modernization, Shipbuilding, and Conversion
account pursuant to subsection (a).
SEC. 409. NOAA 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 en-
durance oceanographic research ves-
sel.
(C) A service life extension of the
R/V DELAWARE II.
(D) Conversion of a T–AGOS ves-
sel for oceanographic research.
(E) Construction of a coastal/low
endurance vessel for living marine re-
search.
(F) Leasing to fulfill any NOAA
mission requirements.
(G) 
Necessary 
repairs 
to 
and
maintenance of any vessel in the
NOAA fleet, subject to subsection (b).
(H) Necessary requirements, de-
signs, and specifications for future
vessel repair, conversion, construc-
tion, 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 maintenance of
any vessel of the NOAA fleet, and provi-