National Oceanic and Atmospheric Administration Authorization Act of 1992
PL 102-567 (H.R.2130), enacted 10/29/1992

106 STAT. 4270 
PUBLIC LAW 102-567—OCT. 29, 1992 
Public Law 102-567 
102d Congress 
Oct. 29, 1992 
[H.R. 2130] 
National 
Oceanic and 
Atmospheric 
Administration 
Authorization 
Act of 1992. 
15 use 325 note. 
An Act 
To authorize appropriations for the National Oceanic and Atmospheric 
Administration, and for other purposes. 
Be it enacted by the Senate and House of Representatives 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 1992". 
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 Depart-
ment of Agriculture", approved October 1, 1890 (26 Stat. 653); 
and 
(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", approved August 6, 1947 (33 U.S.C. 
883a et seq.). 
TITLE I—NCAA ATMOSPHERIC AND SATELLITE 
PROGRAMS 
SEC. 101. NATIONAL 
WEATHER 
SERVICE 
OPERATIONS 
AND 
RESEARCH. 
(a) IN GENERAL.—^There are authorized to be appropriated to 
the Secretary of Commerce, to enable the National Oceanic and 
Atmospheric Administration to carry out the operations and 
research activities of the National Weather Service under law, 
$311,532,000 for fiscal year 1992 and $395,822,000 for fiscal year 
1993. Moneys appropriated pursuant to this authorization shall 
be used to fund those activities relating to National Weather Service 
operations and research specified by the Act of 1890, the Act of 
1947, and any other law involving such activities. Such activities 
include meteorological, hydrological, aviation, and oceanographic 
public warnings and forecasts, as well as applied research in support 
of such warnings and forecasts. 
(b) PACIFIC WEATHER BUOYS.—Of the simis authorized under 
subsection (a), $840,000 for fiscal year 1992 and $1,135,000 for 
fiscal year 1993 are authorized to be appropriated for the purpose 
of operating and maintaining weather buoys off the coast of Califor-
nia, Oregon, Washington, and Hawaii. 
(c) COOPERATIVE WEATHER OBSERVER PROGRAM.—The Sec-
retary of Commerce may use funds otherwise available for conduct-
ing weather observations to strengthen the Cooperative Weather 
Observer Program and encourage public participation in the pro-
gram. The Secretary may— 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4271 
(1) provide distinctive insignia or paraphernalia to Coopera-
tive Weather Observers; and 
(2) make awards of nominal value to recognize continued 
participation in the program by observers or to recognize 
outstanding achievements by such observers or groups of 
observers without regard to any law restricting expenditures 
for such purposes to Federal employees. 
SEC. 102. PUBUC WARNING AND FORECAST SYSTEMS. 
(a) IN GENERAL.—^There are authorized to be appropriated to 
the Secretary of Commerce, to enable the National Oceanic and 
Atmospheric Administration to improve its public warning and fore-
cast systems under law, $132,034,000 for each of the fiscal years 
1992 and 1993. Moneys appropriated pursuant to this authorization 
shall be used to fund those activities relating to public warning 
and forecast systems specified bv the Act of 1890, the Act of 1947, 
and any other law involving such activities. Such activities include 
the development, acquisition, and implementation of major public 
warning and forecast systems. 
(b) WEATHER RADAR COMPLETE PROGRAM AUTHORIZATION.— 
(1) Except as provided in paragraph (2), there are authorized to 
be appropriated to the Secretary of Commerce for all fiscal years 
beginning with fiscal year 1993, not to exceed $426,971,000, to 
remain available imtil expended, to complete the acquisition and 
deployment of the Next Generation Weather Radar system, and 
to cover all associated activities (including program management 
and operations and maintenance through September 30, 1996). 
(2) None of the funds are authorized to be appropriated for 
any fiscal year under paragraph (1), unless, within 60 days after 
the submission of the President's budget request for sucn fiscal 
year, the Secretary of Commerce— 
(A) certifies to the Congress that— 
(i) the radars, including system software, meet the 
technical performance specifications included in the radar 
procurement contract as in effect on October 1,1992; 
(ii) the system contract is viable, and the Secretary 
does not foresee circumstcmces which would prevent fulfill-
ment of the contract; 
(iii) the system can be fully sited, commissioned, and 
operational without requiring further authorization of 
appropriations beyond amounts authorized under para-
graph (1); and 
(iv) the Secretary does not foresee further delays in 
the system deplo^mient and operation schedule; or 
(B) submits to the Congress a report which describes— Reports, 
(i) the circumstances which prevent a certification 
under subparagraph (A); 
(ii) remedial actions imdertaken or to be undertaken 
with respect to such circumstances; 
(iii) the effects of such circumstances on the deployment 
and operation schedule and radar coverage; and 
(iv) a justification for proceeding with the program, 
if appropriate. 
SEC. 103. CLIMATE AND AIR QUALITY RESEARCH. 
(a) IN GENERAL.—^There are authorized to be appropriated to 
the Secretary of Commerce, to enable the National Oceanic and 
Atmospheric Administration to carry out its climate and air quality 
106 STAT. 4272 
PUBLIC LAW 102-567—OCT. 29, 1992 
research activities under law, $100,718,000 for fiscal year 1992 
and $103,877,000 for fiscal year 1993. Moneys appropriated pursu-
ant to this authorization shall be used to fund those activities 
relating to climate and air quality research specified by the Act 
of 1890, the Act of 1947, and any other law involving such activities. 
- Such activities include interannual and seasonal climate research, 
long-term climate and air quality research, and the National Cli-
mate Program. 
(b) CLIMATE AND GLOBAL CHANGE.—Of the sums authorized 
under subsection (a), $67,000,000 for each of the fiscal years 1992 
and 1993 are authorized to be appropriated for the purpose of 
studying climate and global change. Such program shall augment 
and integrate existing programs of the National Oceanic and 
Atmospheric Administration and shall include global observations, 
monitoring, and data and information management relating to the 
study of changes in the Earth's climatic system, fundamental 
research on critical oceanic and atmospheric processes, and climate 
prediction and diagnostics. 
SEC. 104. ATMOSPHERIC RESEARCH. 
There are authorized to be appropriated to the Secretary of 
Commerce, to enable the National Oceanic and Atmospheric 
Administration to carry out its atmospheric research activities 
under law, $43,935,000 for fiscal year 1992 and $44,781,000 for 
fiscal year 1993. Moneys appropriated pursuant to this authoriza-
tion shall be used to fund tnose activities relating to atmospheric 
research specified by the Act of 1890 and by any other law involving 
such activities. Such activities include research for developing 
improved observation and prediction capabilities for atmospheric 
processes, as well as solar-terrestrial services and research. 
SEC. lOS. SATELLITE OBSERVING SYSTEMS. 
(a) IN GENERAL.—(1) There are authorized to be appropriated 
to the Secretary of Commerce, to enable the National Oceanic 
and Atmospheric Administration to carry out its satellite observing 
systems activities under law, $305,744,000 for fiscal year 1992 
and $336,000,000 for fiscal year 1993. Moneys appropriated pursu-
ant to this authorization shall be used to fund those activities 
relating to data and information services specified by the Act of 
1890 and by any other law involving such activities. Such activities 
include spacecraft procurement, launch, and associated ground sta-
tion momfications for polar orbiting and geostationary environ-
mental satellite systems, as well as the operation of such satelUtes 
and land remote-sensing satellites. 
(2) Of the sums authorized under paragraph (1), $2,300,000 
in fiscal year 1993 are authorized for the administration by the 
National Oceanic and Atmospheric Administration of the ground 
stations for the Search and Rescue SatelUte Aided Tracking system. 
Such administration shall be carried out in consultation with the 
Department of Transportation and the Department of Defense. 
(b) EMERGENCY CONTINGENCY FUND.—There are authorized to 
be appropriated to liie Secretary of Commerce, $110,000,000 for 
fiscal year 1992, to be deposited in an Emergency Weather Satellite 
Contingency Fund. Such Fund shall be available subject to the 
restrictions of appropriations Acts, without fiscal year limitation, 
to the Secretary only for the purpose of enabling the National 
Oceanic and Atmospheric Administration to maintain geostationary 
environmental satellite coverage for monitoring and prediction of 
PUBLIC LAW 102-567—OCT. 29,1992 
106 STAT. 4273 
hurricanes and severe storms, including but not limited to the 
procurement of gap filler satellites, launch vehicles, and pa3rments 
to foreign governments. 
(c) STRATEGIC PLAN.-^1) The Secretary of Commerce and the 
Administrator of the National Aeronautics and Space Administra-
tion shall jointly develop and, not more than 120 days after the 
date of enactment of this Act, submit to the Committee on Com-
merce, Science, and Transportation of the Senate and the Commit-
tee on Science, Space, and Technology of the House of Representa-
tives a strategic plan for development, procurement, and operation 
of the environmental satellite program of the Department of Com-
merce. 
(2) The objectives of the strategic plan shall be— 
(A) to ensure continuous and adequate operational environ-
mental satellite coverage; and 
(B) to require dvrect Federal fiscal and administrative 
accountability in all aspects of such environmental satellite 
program. 
(3) The strategic plan shall— 
(A) delineate the management duties and functions of each 
Federal department or agenpy involved in such satellite pro-
gram; 
(B) establish funding responsibilities for each Federal 
department or agency in a manner which reflects their respec-
tive management duties and functions; 
(C) set forth procedures to be followed in the development, 
procurement, and operations of environmental satellites in such 
program; 
(D) minimize the potential for developmental and procure-
ment problems, and for cost overruns; 
(E) provide for effective interagency and international 
coordination; 
(F) provide for research and development activities to 
ensure that the procurement of operational environmental sat-
ellites relies on proven technologies, and to investigate potential 
improvements in data applications and operations for such 
satellites in order to improve the national weather warning 
and forecast system; and 
(G) specify legislative and administrative actions necessary 
to implement the plan and to accomplish the objectives 
described in paragraph (2). 
(d) GEOSTATIONARY SATELLITE COMPLETE PROGRAM AUTHORIZA-
TION.—<1) Except as provided in paragraph (2), there are authorized 
to be appropriated to the Secretary of Commerce for all fiscal 
years beginning with fiscal year 1993, not to exceed $1,005,255,000, 
to remain available until expended, to complete the procurement 
of Geostationary Operational Environmental Satellites I, J, K, L, 
and M, and the procurement of the launching and supporting 
ground systems of such satellites. 
(2) None of the funds are authorized to be appropriated for 
any fiscal year under paragraph (1), unless, within 60 days after 
the submission of the President's budget request for such fiscal 
year, the Secretary of Commerce— 
(A) certifies to the Congress that— 
(i) the results of testing indicate that the satellite 
instruments are likely to meet the technical performance 
106 STAT. 4274 
PUBLIC LAW 102-567—OCT. 29, 1992 
specifications included in the satellite contract as in effect 
on October 1,1992; 
(ii) the procurements can be completed without requir-
ing further authorization of appropriations beyond amounts 
authorized imder paragraph (1); and 
(iii) the Secretary foresees no gap in two-satellite serv-
ice operations resulting from non-performance of the sat-
ellite contract; or 
Reports. 
(B) submits to the Congress a report which describes— 
(i) the circiunstances which prevent a certification 
under subparagraph (A); 
(ii) remedial actions undertaken or to be undertaken 
with respect to such circumstances; 
(iii) the effects of such circumstances on the launch 
schedule and satellite coverage; and 
(iv) a justification for proceeding with the program, 
if appropriate. 
SEC. 106. DATA AND INFORMATION SYSTEMS. 
(a) IN GENERAL.—^There are authorized to be appropriated to 
the Secretary of Commerce, to enable the National Oceanic and 
Atmospheric Administration to carry out its data and information 
services activities imder law, $32,628,000 for fiscal year 1992 and 
$39,596,000 for fiscal year 1993. Moneys appropriated pursuant 
to this authorization shall be used to fund those activities relating 
to data and information services specified by the Act of 1890 and 
by any other law involving such activities. Such activities include 
climate data services, ocean data services, geophysical data services, 
and environmental assessment and information services. 
(b) MODERNIZATION INITIATIVE.—Of the sirnis authorized under 
subsection (a), $10,000,000 in fiscal year 1992 and $15,000,000 
in fiscal year 1993 are authorized to be appropriated for the purpose 
of modernizing the data and information systems of the National 
Oceanic and Atmospheric Administration to meet increasing 
requirements for managing, archiving, and distributing environ-
mental data and information. 
15 use 1537. 
(c) NEEDS ASSESSMENT FOR DATA MANAGEMENT, ARCHIVAL, AND 
DISTRIBUTION.—(1) Not later than 12 months after the date of 
enactment of this Act and at least biennially thereafter, the Sec-
retary of Commerce shall complete an assessment of the adequacy 
of the environmental data and information systems of the National 
Oceanic and Atmospheric Administration. In conducting such an 
assessment, the Secretary shall take into consideration the need 
to— 
(A) provide adequate capacity to manage, archive, and 
disseminate environmental data and information collected and 
processed, or expected to be collected and processed, by the 
National Oceanic and Atmospheric Administration and other 
appropriate departments and agencies; 
(B) establish, develop, and maintain information bases, 
including necessary management systems, which will promote 
consistent, efficient, and compatible transfer and use of data; 
(C) develop effective interfaces among the environmental 
data and information systems of the National Oceanic and 
Atmospheric Administration and other appropriate depart-
ments and agencies; 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4275 
(D) develop and use nationally accepted formats and stand-
ards for data collected by various national and international 
sources; and 
(E) integrate and interpret data from different sources 
to produce information that can be used by decisionmakers 
in developing policies that effectively respond to national and 
global environmental concerns. 
(2) Not later than 12 months after the date of enactment 
of this Act and biennially thereafter, the Secretary of Commerce 
shall develop and submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Science, 
Space, and Technology of the House of Representatives a com-
prehensive plan, based on the assessment imder paragraph (1), 
to modernize and improve the environmental data and imormation 
systems of the National Oceanic and Atmospheric Administration. 
The report shall— 
Reports. 
(A) set forth modernization and improvement objectives 
for the 10-year period beginning with the year in which the 
plan is submitted, including facility requirements and critical 
new technological components that would be necessary to meet 
the objectives set forth; 
(B) propose specific agency programs and activities for 
implementing the plan; 
(C) identify the data and information 
management, 
archival, and distribution responsibilities of the National Oce-
anic and Atmospheric Administration with respect to other 
Federal departments and agencies and international organiza-
tions, including the role of the National Oceanic and 
Atmospheric Administration with respect to large data svstems 
like the Earth Observing System Data and Information System; 
and 
(D) provide an implementation schedule and estimate fund-
ing levels necessary to achieve modernization and improvement 
objectives. 
SEC. 107. HURRICANE RECONNAISSANCE PROGRAM. 
15 USC 313 note. 
(a) ESTABLISHMENT OF PROGRAM.—(1) The Secretary of Defense 
and the Secretary of Commerce shall establish a 5-year joint pro-
gram for collecting operational and reconnaissance data, conducting 
research, and analyzing data on tropical cyclones to assist the 
forecast and warning program and increase the understanding of 
the causes and behavior of tropical cyclones. 
(2) The Secretary of Commerce shall establish the Tropical 
Cyclone Research Advisory Committee, an advisory committee of 
tropical cyclone research scientists, to make recommendations for 
tropical cyclone research activities and reconnaissance procedures. 
(b) RESPONSIBILITIES.—<1) The Secretary of Defense shall have 
the responsibility for maintaining, flying, and funding tropical 
QTclone reconnaissance aircraft to accomplish the program estab-
lished under this section and to transfer the data to the Secretary 
of Commerce. Program responsibility may not be transferred to 
any other Federal department or agency, including the Coast Guard, 
without the agreement and approval of the Secretary of Defense, 
the Secretary of Commerce, and the head of any other Federal 
agency or department to which the responsibility is transferred. 
(2) The Secretary of Commerce shall have tiie responsibility 
to provide funding for data gathering and research by remote sens-
106 STAT. 4276 
PUBLIC LAW 102-567—OCT. 29, 1992 
ing, ground sensing, research aircraft, and other technologies nec-
essary to accomplish the program established under this section, 
(c) MANAGEMENT PLANS.—(1) The Secretary of Defense and 
the Secretary of Commerce shall jointly develop and, within 120 
days after the date of enactment of this Act, submit to the Congress 
a management plan for the program established under this section, 
which shall include organizational structure, goals, mcgor tasks, 
and fimding profiles for the 5-year duration of the program. 
(2) The Secretanr of Defense and the Secretary of Commerce, 
in consultation with the Tropical Cyclone Research Advisory 
Committee established by section 107(aX2), shall iointly develop 
and, within 4 years after the date of enactment of this Act, submit 
to the Congress a management plan providing for continued tropical 
cyclone surveillance and reconnaissance which will adequately pro-
tect the citizens of the coastal areas of the United States. 
(3) The management plans and programs required by this sec-
tion shall in every sense provide for at least the same degree 
and quality of protection (such as early warning capability and 
accuracy of fixing a storm's location) as currently exists with a 
combination of satellite technology and manned reconnaissance 
flights. Additionally, such plans and programs shall in no way 
allow £iny reduction in the level, quality, timeliness, sustainability, 
or area served (including the State of Hawaii) of both the existing 
principal and back-up tropical cyclone reconnaissance and tracking 
systems. 
15 use 313 note. 
SEC. 108. UNITED STATES WEATHER RESEARCH PROGRAM. 
(a) ESTABLISHMENT.—^The Secretary of Commerce, in coopera-
tion with the Federal Coordinating Council for Science, Engineering, 
and Technology through the Committee on Earth and Environ-
mental Sciences, shall establish a United States Weather Research 
Program to— 
(1) increase benefits to the Nation from the substantial 
investment in modernizing the public weather warning and 
forecast system in the United States; 
(2) improve local and regional weather forecasts and 
warnings; 
(3) address critical weather-related scientific issues; and 
(4) coordinate governmental, university, and private-sector 
efforts. 
(b) IMPLEMENTATION PLAN.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Commerce, in 
cooperation with the Committee on Earth and Environmental 
Sciences, shall prepare and submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Science, Space, and Technology of the House of Representatives 
a plan for implementation of the United States Weather Research 
Program whicn shall— 
(1) establish, for the 10-year period beginning in the year 
the plan is submitted, the goals and priorities for Federal 
weather research which most effectively advance the scientific 
understanding of weather processes and provide information 
to improve weather warning and forecast systems in the United 
States; 
(2) describe specific activities, including research activities, 
data collection and data analysis requirements, predictive mod-
eling, participation in international research efforts, demonstra-
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4277 
tion of potential operational forecast applications, and education 
and training required to achieve such goals and priorities; 
and 
(3) set forth the role of each Federal agency and department 
to be involved in the United States Weather Research Program, 
identifying and addressing, as appropriate, relevant programs 
and activities of the Federal agencies and departments that 
would contribute to such Program. 
SEC. 109. WEATHER SERVICE OFFICE IN RENO, NEVADA. 
(a) FACILITY ACQUISITION.—The Administrator of the National 
Oceanic and Atmospheric Administration is authorized— 
(1) to construct, on approximately 10 acres of land to be 
leased from the University of Nevada System, Desert Research 
Institute, or 
(2) in the alternative, to acquire by lease construction on 
such land, with a lease tei-m of up to 30 years, 
a Weather Forecast Office, upper air facility, regional climate center, 
and associated instruments and site improvements as part of the 
implementation of the Next Generation Weather Radar and 
National Weather Service Modernization Program for the Reno, 
Nevada surea. This authorization is subject to the availability of 
appropriations provided in advance for the purpose stated in para-
graph (1) or (2). 
(b) REIMBURSEMENT AUTHORITY.—The Administrator is author-
ized to reimburse the Desert Research Institute for the cost of 
providing utilities and access to the site. 
(c) OPERATIONS.—^The Administrator is authorized to carry out 
the operations of the National Oceanic and Atmospheric Admimstra-
tion in such facility. 
SEC. 110. WEATHER SERVICE FACILmES IN SOUTH FLORIDA. 
(a) CONSTRUCTION OF FACILITY.—The Administrator of the 
National Oceanic and Atmospheric Administration is authorized 
to construct, on land to be leased from Florida International Univer-
sity at the Universit/s Tamiami campus, a facility for the National 
Hurricane Center, a Weather Forecast Office, an upper air facility, 
and associated site improvements as part of the implementation 
of the Next Generation Weather Radar and National Weather Serv-
ice Modernization Program for the South Florida area. This 
authorization is subject to the availability of appropriations pro-
vided in advance for thepurpose stated in this subsection. 
(b) OPERATIONS.—^The Administrator is authorized to cany out 
the operations of the National Oceanic and Atmospheric Admimstra-
tion in such facility. 
SEC. 111. WEATHER FORECAST OFFICE, HONOLULU. 
(a) FACILITY ACQUISITION.—(1) The Administrator of the 
National Oceanic and Atmospheric Administration is authorized 
to lease building and associated space from the University of 
Hawaii, Honolulu, for the operation of a Weather Forecast Office, 
as part of the implementation of the Next Generation Weather 
Radar and National Weather Service Modernization Program for 
the State of Hawaii, for a term of up to 20 years. This authorization 
is subject to the availability of appropriations provided in advance 
for the purpose stated in this paragraph. 
106 STAT. 4278 
PUBLIC LAW 102-567—OCT. 29, 1992 
(2) Rental costs for the space leased under paragraph (1) shall 
not exceed fair annual rental value as established by governmental 
appraisal. 
(b) ALTERATIONS.—^The Administrator is authorized to expend 
funds to make all necessary alterations to the space to allow for 
operation of a Weather Forecast OfiEice. 
(c) OPERATIONS.—^The Administrator is authorized to carry out 
the operations of the National Oceanic and Atmospheric Admimstra-
tion in such facility. 
Establishment. 
SEC. 112. DESTITUTE FOR AVIATION WEATHER PREDICTION. 
The Administrator of the National Oceanic and Atmospheric 
Administration shall establish an Institute for Aviation Weather 
Prediction. The Institute shall provide forecasts, weather warnings, 
and other weather services to the United States aviation commu-
nity. The Institute shall expand upon the activities of the aviation 
unit ciurently at the National Severe Storms Forecast Center in 
Kansas City, Missouri, and shall be established in the Kansas 
City, Missouri area. The Administrator shall provide a full and 
fair opportunity for employees at the National Severe Storms Fore-
cast Center to assume comparable duties and responsibilities within 
the Institute. 
SEC. 113. WEATHER SERVICE OFFICE IN OKLAHOMA. 
(a) FACILITY ACQUISITION.—(1) The Administrator of the 
National Oceanic and Atmospheric Administration is authorized 
to lease building and associated space to be constructed by the 
University of Oklahoma, Norman, for the operation of the National 
Severe Storms Laboratory, Weather Forecast Office, NEXRAD OpKer-
ational Support Facility, and National Institute for Storm Prediction 
as part of the implementation of the Next Generation Weather 
Radar and National Weather Service Modernization Program, for 
a term of up to 20 years. This authorization is subject to the 
availability of appropriations provided in advance for the purpose 
stated in this paragraph. 
(2) Rental costs for the space leased luider paragraph (1) shall 
not exceed fair annual rental value as established by governmental 
appraisal. 
(b) ALTERATIONS.—^The Administrator is authorized to expend 
funds to make all necessary alterations to the space to allow for 
operations listed in subsection (aXD. 
(c) OPERATIONS.—^The Administrator is authorized to carry out 
the operations of the National Oceanic and Atmospheric Administra-
tion in such facility. 
SEC. 
1
1
4
. 
TRANSFER 
OF 
DATA 
ARCHIVING 
RESPONSmiUTY. 
(a) FINDINGS.—^The Congress finds that— 
(1) section 602 of the Land Remote-Sensing Commercializa-
tion Act of 1984 (15 U.S.C. 4272) directs the Secretary of 
Commerce to provide for the archiving of land remote-sensing 
data for historical, scientific, and technical purposes, including 
long-term global environmental monitoring; 
(2) the Secretary of Commerce currently provides for the 
archiving of Landsat data at the Department of the Interior's 
EROS Data Center, which is consistent with the requirement 
of section 602(g) of such Act (15 U.S.C. 4272(g)) to use existing 
Federal Government facilities to the extent practicable in carry-
ing out this archiving responsibility; 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4279 
(3) the Landsat data collected since 1972 are an important 
global data set for monitoring and assessing land resources 
and global change; 
{4) the Secretanr of the Interior maintains archives of aerial 
photography, digital cartographic data, and other Earth science 
data at the EROS Data Center that also are important data 
sets for monitoring and assessing land resources and global 
change; 
(5) it is appropriate to transfer authority to the Secretary 
of the Interior for the archiving of land remote-sensing data; 
and 
(6) the Secretary of the Interior should explore ways to 
facilitate the use of archived data for research purposes consist-
ent with other provisions of the Land Remote-Sensing Commer-
cialization Act of 1984. 
(b) PROVISION OF UNENHANCED DATA.—Section 402(bX4) of the 
Land Remote-Sensing Commercialization Act of 1984 (15 U.S.C. 
4242(bX4)) is amended by inserting *
*
o
f the Interior" immediately 
after "Secretary". 
(c) ARCHIVING OF DATA.—Section 602 of the Land Remote-
Sensing CommerciaUzation Act of 1984 (15 U.S.C. 4272) is 
amended— 
(1) in subsections (b), (c), (d), (f), and (g), by inserting 
"of the Interior" immediately after "Secretary* each place it 
appears; and 
(2) by adding at the end the following new subsection: 
"(h) in canying out the functions of this section, the Secretary 
of the Interior shall consult with the Secretary to ensure that 
archiving activities are consistent with the terms and conditions 
of any contract or a^eement entered into under title II, III, or 
V of this Act and with any license issued under title IV of this 
Act.". 
SEC. 115. WEATHER OFFICE IN EUREKA, CALIFORNIA. 
Real property. 
Notwithstanding any other law, anv property and improve-
ments to that property located on Woooley Island in the city of 
Eureka, California, that are— 
(1) acquired by the Secretary of Commerce from Humboldt 
Bay Harbor Recreation and Conservation District, California, 
for use as a weather fc»recasting office; and 
(2) determined by the Secretary to be excess property, 
shall revert to that district. 
SEC. 116. REPORT ON SATELLITE OCEANOGRAPHY. 
33 USC 883j 
(a) IN GENERAL.—^The Federal Coordinating Council for Science, 
Engineering, and Technology through the Committee on Earth and 
Environmental Sciences, in consultation with Federal, academic, 
and commercial users of remotely sensed data, shall consider and 
develop findings and recommendations regarding— 
(1) the most urgent current needs of oceanographic 
researchers within the Federal Government, the academic 
community, and the private sector, for remote sensing capabili-
ties and remotely sensed data, including findings regarding 
the present inadequacies in these capabilities and data; and 
(2) the msgor goals of satellite oceanography for the next 
10 years. 
(b) REPORT.—^Not later than one year after the date of enact-
ment of this Act, the Federal CoorcUnating Council for Science, 
59-194 O—93 
21 : QL 3 (Pt 5) 
106 STAT. 4280 
PUBLIC LAW 102-567—OCT. 29, 1992 
Engineering, and Technology shall submit to the Congress a report 
which describes the findings and recommendations of the Commit-
tee on Earth and Environmental Sciences, including recommenda-
tions for, or a description of actions to be taken toward— 
(1) correcting the inadequacies in remote sensing capabili-
ties; 
(2) improving the availability of remotely sensed data; and 
(3) achieving the msgor goals of satellite oceanography 
developed pursuant to subsection (aX2). 
TITLE II—NOAA OCEAN AND COASTAL PROGRAMS 
SEC. 20i: NATIONAL OCEAN SERVICE. 
(a) MAPPING, CHARTING, AND GEODESY.—^There are authorized 
to be appropriated to the Secretary of Commerce, to enable the 
National Oceanic and Atmospheric Administration to carry out 
mapping, charting, and geodesy activities (including geodetic data 
collection and analysis) under the Act of 1947 and any other law 
involving those activities, $50,917,000 for fiscal year 1992 and 
$51,087,000 for fiscal year 1993. 
(b) OBSERVATION AND ASSESSMENT.—There are authorized to 
be appropriated to the Secretary of Commerce, to enable the 
National Oceanic and Atmospheric Administration to carry out 
observation and assessment activities— 
(1) under the Act of 1947 and any other law involving 
those 
activities, 
$57,273,000 
for 
fiscal 
year 
1992 
and 
$57,273,000 for fiscal year 1993; and 
(2) under title II of the Marine Protection, Research, and 
Sanctuaries Act of 1972 (33 U.S.C. 1441 et seq.), $11,000,000 
for fiscal year 1992 and $11,000,000 for fiscal year 1993. 
(c) COASTAL OCEAN PROGRAM.—Of the sums authorized under 
,r 
. 
subsection (b)(1), $17,352,000 for each of the fiscal years 1992 
and 1993 are authorized to be appropriated for the purposes of 
conducting a Coastal Ocean Program. Such program shall augment 
and integrate existing programs of the National Oceanic and 
Atmospheric Administration and shall include efforts to improve 
predictions of fish stocks, to better conserve and manage living 
marine resources, to improve predictions of coastal ocean pollution 
to help correct and prevent degradation of the ocean environment, 
to promote development of ocean technology to support the effort 
of science to understand and characterize the role oceans play 
g * 
ijj global climate and environmental analysis, and to improve pre-
dictions of coastal hazards to protect human life and personal 
property. 
(d) LONG ISLAND SOUND CIRCULATION MODEL.—NO moneys 
appropriated pursuant to the authorizations in this Act shall be 
used to conduct analyses of samples collected under the National 
Status and Trends Program until the Policy Committee of the 
Long Island Sound Study certifies that the National Oceanic and 
Atmospheric Administration has completed the water circulation 
model for Long Island Sound. 
(e) CIRCULATION MODEL FUNDING.—Of the sums authorized 
under subsection (b) for fiscal year 1992, $600,000 is available 
for completion of the water circulation model for Long Island Sound 
and $400,000 is available for National Status and Trends Program 
stations in Long Island Sound. 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4281 
(f) OCEAN MANAGEMENT.—^There are authorized to be aporo-
priated to the Secretary of Commerce, to enable the National Oce-
anic and Atmospheric Administration to carry out ocean manage-
ment activities, $1,678,000 for fiscal year 1992 and $1,823,000 
for 
fiscal 
year 1993. 
SEC. 202. OCEAN AND GREAT LAKES RESEARCH. 
(a) OCEAN AND GREAT LAKES RESEARCH AUTHORIZATION.— 
There are authorized to be appropriated to the Secretary of Com-
merce, to enable the National Oceanic and Atmospheric Aoministra-
tion to carry out ocean and Great Lakes research activities under 
the Act of 1947, the Act of 1890, and any other law involving 
those activities, $32,171,000 for fiscal year 1992 and $39,800,000 
for fiscalyear 1993. 
(b) CfooPERATivE INSTITUTE FOR LIMNOLOGY AND ECOSYSTEMS 
RESEARCH.—In addition to amounts authorized under subsection 
(a), there are authorized to be appropriated to the Office of Oceanic 
and Atmospheric Research of the National Oceanic and Atmospheric 
Administration $250,000 for fiscal year 1992 and $260,000 for fiscal 
year 1993, for use bv the Cooperative Institute for Limnology and 
Ecosystems Research (established in partnership with the State 
of Michigan and the Great Lakes Environmental Research Labora-
tory) for— 
(1) research conducted by the Institute; 
(2) development of the Institute; and 
(3) for preparation of a five-year plan for research and 
development. 
(c) LARGE LAKES RESEARCH.—(1) In addition to amounts author-
ized under subsections (a) and (b), there are authorized to be 
appropriated to the Secretary of Commerce for use by the Office 
of Oceanic and Atmospheric Research $2,000,000 for fiscal year 
1992 and $2,080,000 tor fiscal year 1993 for use for preparing 
a plan for large lakes research. 
(2) Amounts appropriated under this subsection may be used 
for— 
(A) preparation of a 5-year plan designating large lake 
study sites, research activities, and anticipated research prod-
ucts; and 
(B) collection of physical, chemical, and biological data 
required for preparing that plan. 
(3) Activities conducted witn amounts appropriated under this 
subsection shall be coordinated throiigh the Great Lakes Environ-
mental Research Laboratory, working in association witJi the 
Cooperative Institute for Limnology and Ecosystems Research and 
the National Undersea R<3search Program. 
SEC. 203. AQUATIC NUISANCE PREVENTION AND CONTROL PROGRAM. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary of Commerce $11,000,000 for 
fiscal year 1992 and $11,440,000 for fiscal year 1993 for use in 
implementing the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (PubUc Law 101-646). 
(b) REPORT.—Not later than one year after the date of the 1
6 use mi 
enactment of this Act, the Secretary of Commerce shall submit ^°^-
a report to the Congress on progress toward establishing a 
nonindigenous aquatic nuisance prevention and control program 
within uie National Oceanic and Atmospheric Administration and 
106 STAT. 4282 
PUBLIC LAW 102-567—(XTT. 29, 1992 
projected funding for such a program for the following five fiscal 
years. 
SEC. 204. REPEAL OF NATIONAL OCEAN POLLUTION PLANNING ACT 
OF 1978. 
The National Ocean Pollution Planning Act of 1978 (33 U.S.C. 
1701-1709) is repealed. 
33 use 2706 
SEC. 206. NOAA OIL AND HAZARDOUS SUBSTANCE SPILL COST 
note- 
REIMBURSEMENT. 
(a) TREATMENT OF AMOUNTS RECEIVED AS REIMBURSEMENT OF 
EXPENSES.—Notwithstanding any other provision of law, amounts 
received by the United States as reimbursement of expenses related 
to oil or hazardous substance spill response activities, or natural 
resource damage assessment, restoration, rehabilitation, replace-
ment, or acquisition activities, conducted (or to be conducted) by 
the National Oceanic and Atmospheric Administration— 
(1) shall be deposited into the Fund; 
(2) shall be available, without fiscal year limitation and 
without apportionment, for use in accordance with the law 
under which the activities are conducted; and 
(3) shall not be considered to be an augmentation of appro-
priations. 
(b) APPLICATION.—Subsection (a) shall apply to amoimts 
described in subsection (a) that are received— 
(1) after the date of the enactment of this Act; or 
(2) with respect to the oil spill associated with the groimd-
ing of the EXXON VALDEZ. 
(c) DEFINITIONS.—For purposes of this section— 
(1) the term "Fund" means the Damage Assessment and 
Restoration Revolving Fund of the National Oceanic and 
Atmospheric Administration referred to in title I of Public 
Law 101-515 under the heading "National Oceanic and 
Atmospheric Administration" (104 Stat. 2105); and 
(2) the term "expenses" includes incremental and base sala-
ries, ships, aircraft, and associated indirect costs, except the 
term does not include base salaries and benefits of National 
Oceanic and Atmospheric Administration Support Coordinators. 
TITLE III—NOAA MARINE FISHERY PROGRAMS 
SEC 301. AUTHORIZATION OF APPROPRIATIONS. 
The National Oceanic and Atmospheric Administration Marine 
Fisheries Program Authorization Act (Public Law 98-210; 97 Stat. 
1409) is amended— 
(1) in section 2(a) by striking "$26,500,000" and all that follows 
through "fiscal year 1989" and inserting in lieu thereof "$47,933,000 
for fiscal year 1992 and $59,162,000 for fiscal year 1993"; 
(2) in section 3(a) by striking "$35,000,000" the first time it 
appears and all that follows through "fiscal year 1989" and inserting 
m lieu thereof "$27,290,000 for fiscal year 1992 and $35,594,000 
for fiscal year 1993"; and 
97 Stat. 1410. 
(3) in section 4(a) by striking "$10,000,000" and all that follows 
through "fiscal year 1989" and inserting in lieu thereof "$12,182,000 
for fiscal year 1992 and $18,838,000 for fiscal year 1993". 
information. 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4283 
SEC. 302. DEVELOPMENT OF DOLPHIN-SAFE METHODS OF TUNA FISH-
ING. 
Section 2 of the National Oceanic and Atmospheric Administra-
tion Marine Fisheries Program Authorization Act (PubHc Law 98-
210; 97 Stat. 1409) is amended by adding at the end the following 
new subsection: 
"(d) Of the sums authorized imder subsection (a) of this section, 
$1,000,000 for each of the fiscal years 1992 and 1993 are authorized 
to be appropriated for the purpose of developing dolphin-safe meth-
ods of locating and catching yellowfin tuna. Such authorization 
shall be in addition to moneys authorized under section 7 of the 
Act entitled 'An Act to improve the operation of the Marine Mammal 
Protection Act of 1972, and for other purposes', approved October 
9, 1981 (16 U.S.C. 1384). Within six months after the date of Printing. 
enactment of this subsection, the Secretary, in cooperation with ?"^J.^J^. 
the Inter-American Tropical Tuna Commission and after consulta- 
" """ 
tion with interested persons, shall publish a program plan for 
public comment that shall provide for— 
"(1) cooperative research to improve understanding of the 
behavioral association of dolphins and yellowfin tuna in the 
eastern tropical Pacific Ocean; 
"(2) development, testing, and implementation of new meth-
ods of locating and catching yellowfin tuna without the inciden-
tal taking of dolphins; and 
"(3) appropriate measures to ensure program participation 
and sharing of associated costs by each foreign government 
that conducts, or authorizes its nationals to conduct, yellowfin 
tuna fishing in the eastern tropical Pacific Ocean.**. 
SEC. 303. FISHERIES RESEARCH. 
Section 304(e) of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1854(e)) is amended by redesignating 
paragraphs (1), (2), and (3), and any reference thereto, as para-
graphs (2), (3), and (4), respectively, and by inserting immediately 
after "FISHERIES RESEABCH.—" the following: "(1) The Secretary 
shall initiate and maintain, in cooperation with the Councils, a 
comprehensive program of fishery research to carry out and further 
the purposes, policy, and provisions of this Act. Such program 
shall be designed to acquire knowledge and information, including 
statistics, on fishery conservation and management and on the 
economics of the fisheries.". 
SEC 304. FISHERY FACILmES. 
Section llOl(k) of the Merchant Marine Act, 1936 (46 App. 
U.S.C. 1271(k)), is amended— 
(1) by striking "or" at the end of paragraph (1); 
(2) by adding "or" at the end of paragraph (2); and 
(3) by inserting immediately after paragraph (2) the follow-
ing new paragraph: 
"(3) for aquaculture, including operations on land or 
elsewhere— 
"(A) any structure or appurtenance thereto designed 
for aquaculture; 
"(B) the land necessary for any such structure or appur-
tenance described in subparagrapn (A); 
"(C) equipment which is for use in connection with 
any such structure or appurtenance and which is necessary 
106 STAT. 4284 
PUBLIC LAW 102-567—OCT. 29, 1992 
Reports. 
for the performance of any function referred to in subpara-
graph (A); and 
"(D) any vessel built in the United States used for, 
equipped to be used for, or of a type which is normally 
used tor aquaculture;". 
SEC. 305. STUDY OF JOINT ENFORCEMENT OF FISHERIES REGULA-
TIONS. 
Not later than 4 months after the date of enactment of this 
Act, the Secretary of Transportation and the Secretary of Commerce 
shall submit to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Merchant Marine and 
Fisheries of the House of Representatives a joint report describing 
methods by which Coast Guard enforcement efforts in the western 
Pacific Ocean under the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1801 et sea.) may be enhanced and 
coordinated with those of the National Oceamc and Atmospheric 
Administration. The report shall— 
(1) evaluate the ability of the Coast Guard to address 
key enforcement problems, which the Secretary of Commerce 
shall identify, for the western Pacific Ocean, particularly in 
the exclusive economic zone adjacent to the Hawaiian Islands, 
the Northern Mariana Islands, and the territories and posses-
sions of the United States; 
(2) propose procedures by which the Coast Guard and the 
National Oceanic and Atmospheric Administration may coordi-
nate their efforts to improve and maximize efiTective enforce-
ment of fisheries regulations, including but not limited to the 
chartering of light aircraft for fisheries surveillance and enforce-
ment; and 
(3) recommend appropriate levels of Coast Guard participa-
tion in such efforts. 
SEC. 306. STUDY ON EFFECTS OF DOLPHIN FEEDING. 
(a) STUDY.—^The Secretary of Commerce shall conduct a study 
in the eastern Gulf of Mexico on the effects of feeding of noncaptive 
dolphins by human beings. The study conducted pursuant to this 
section shall be designed to detect an^ behavior or diet modification 
resulting from this feeding and to identify^ the eCTects, if any, of 
these modifications on the health and well-being of the dolphins. 
(b) EXTERNAL REVIEW.—^In design and conduct of the studv 
required under subsection (a), the Secretaiy shall consult with 
the National Academy of Sciences and the Marine Mammal 
Commission. 
(c) REPORT.—^Within 18 months after the date of the enactment 
of this Act, the Secretary shall submit to the Committee on Mer-
chant Marine and Fisheries of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the 
Senate a report on the results of the study conducted pursuant 
to subsection (a). 
Establishment. 
SEC. 307. CHESAPEAKE BAY ESTUARINE RESOURCES OFFICE. 
(a) ESTABUSHMENT.—(1) The Secretary of Commerce shall 
establish, within the National Oceanic and Atmospheric Administra-
tion, an office to be known as the Chesapeake Bay Estuarine 
Resources OfiGce (hereinafter referred to as the 'H^fi&ce"). 
(2) The Office shall be headed by a Director who shall be 
appointed by the Secretary of Commerce, in consultation with the 
Mexico. 
16 use 1361 
note. 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4285 
Chesapeake Bay Executive Council. Any individual appointed as 
Director shall have knowledge and experience in research or 
resource management efforts in the Chesapeake Bay. 
(3) The Director may appoint such additional personnel for 
the Office as the Director determines necessary to carry out this 
section. 
(b) FUNCTIONS.—The Office, in consultation with the Chesa-
peake Bay Executive Coimcil, shall— 
(1) provide technical assistance to the Administrator, to 
other Federal departments and agencies, and to State and 
local government agencies in— 
(A) assessing the processes that shape the Chesapeake 
Bay system suid affect its living resources; 
(B) identifying technical and management alternatives 
for the restoration and protection of living resources and 
the habitats the}'^ depend upon; and 
(C) monitoring the implementation and effectiveness 
of management plans; 
(2) develop and implement a strategy for the National 
Oceanic and Atmospheric Administration that integrates the 
science, research, monitoring, data collection, regulatory, and 
management responsibilities of the Secretary of Commerce in 
such a manner as to assist the cooperative, mtergovemmental 
Chesapeake Bay Program to meet the commitments of the 
Chesapeake Bay Agreement; 
(3) coordinate the programs and activities of the various 
organizations within the National Oceanic and Atmospheric 
Acuninistration and the Chesapeake Bay Regional Sea Grant 
Programs (including programs and activities in coastal and 
estuarine research, monitoring, and assessment; fisheries 
research and stock assessment; data management; remote 
sensing; coastal management; and habitat conservation); 
(4) coordinate the activities of the National Oceanic and 
Atmospheric Administration with the activities of the Environ-
mental Protection Agency and other Federal, State, and local 
agencies; 
(5) establish an effective mechanism which shall ensure 
that projects have undergone appropriate peer review and pro-
vide other appropriate means to determine that projects have 
acceptable scientific and technical merit for the purpose of 
achieving maximum utilization of available funds and resources 
to benefit the Chesapeake Bay area; 
(6) remain cognizant of ongoing research, monitoring, and 
management projects and assist in the dissemination of the 
results and 
findings 
of those projects; and 
(7) submit a biennial report to the Congress and the Sec- Reports. 
retary of Commerce with respect to the activities of the Office 
and on the progress made in protecting and restoring the 
living resources and habitat of the Chesapeake Bay. 
(c) BUDGET LINE ITEM.—^The Secretary of Commerce shall iden-
tify, in the President's annual budget to the Congress, the funding 
request for the Office. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 2 of 
the 
National Oceanic and Atmospheric Administration Marine Fisheries 
Program Authorization Act (Public Law 98-210; 97 Stat. 1409), 
as amended by section 302 of this Act, is further amended by 
adding at the end the following new subsection: 
106 STAT. 4286 
PUBLIC LAW 102-567—OCT. 29, 1992 
"(e) Of the sums authorized under subsection (a) of this section, 
no more than $2,500,000 are authorized to be appropriated for 
each of the fiscal years 1992 and 1993 to enable the National 
Oceanic and Atmospheric Administration to establish the Chesa^ 
peake Bay Estuarine Resources Office under section 306 of the 
National Oceanic and Atmospheric Administration Authorization 
Act of 1991. No more than 20 percent of the amount appropriated 
under the authorization in this subsection shall be used for adminis-
trative purposes.". 
(e) CHESAPEAKE EXECUTIVE COUNCIL.—For purposes of this 
section, "Chesapeake Executive Council" means the representatives 
from the Commonwealth of Virginia, the State of Maryland, the 
Commonwealth of Pennsylvania, the Environmental Protection 
Agency, the District of Columbia, and the Chesapeake Bay Commis-
sion, who are signatories to the Chesapeake Bay Agreement, and 
any future signatories to that Agreement. 
33 use 1251 
SEC. 308. NATIONAL SHEIXFISH INDICATOR PROGRAM. 
^°^' 
(a) ESTABLISHMENT OF A RESEARCH PROGRAM.—The Secretary 
of Commerce, in cooperation with the Secretary* of Health and 
Human Services and the Administrator of the Environmental 
Protection Agency, shall establish and administer a 5-year national 
shellfish research program (hereafter in this section referred to 
as the "Program") for the purpose of improving existing classifica-
tion systems for shellfish Rowing waters using the latest techno-
logical advancements in microbiology and epidemiological methods. 
Within 12 months after the date of enactment of this Act, the 
Secretary of Commerce, in cooperation with the advisory committee 
established under subsection (b) and the Consortium, snail develop 
a comprehensive 5-year plan for the Program which shall at a 
minimum provide for— 
(1) an environmental assessment of commercial shellfish 
growing areas in the United States, including an evaluation 
of the relationships between indicators of fecal contamination 
and human enteric pathogens; 
(2) the evaluation of such relationships with respect to 
potential health hazards associated with human consumption 
of shellfish; 
(3) a comparison of the current microbiological methods 
used for evaluating indicator bacteria and human enteric patho-
gens in shellfish and shellfish growing waters with new techno-
logical methods designed for this purpose; 
(4) the evaluation of current and projected systems for 
human sewage treatment in eliminating viruses and other 
human enteric pathogens which accumulate in shellfish; 
(5) the design of epidemiological 
studies to relate 
microbiological daUi, sanitary survey data, and human shellfish 
consumption data to actual hazards to health associated with 
such consumption; and 
(6) recommendations for revising Federal shellfish stand-
ards and improving the capabilities of Federal and State agen-
cies to effectively manage shellfish and ensure the safety of 
shellfish intended for human consumption. 
Establishment. 
(b) ADVISORY COMMITTEE.—(1) For the purpose of providing 
oversight of the Program on a continuing basis, an advisory commit-
tee (hereafter in this section referred to as the "Committee") shall 
be established under a memorandum of understanding between 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4287 
the Interstate Shellfish Sanitation Conference and the National 
Marine Fisheries Service. 
(2) The Committee shall— 
(A) identify priorities for achieving the purpose of the Pro-
gram; 
(B) review and recommend approval or disapproval of Pro-
gram work plans and plans of operation; 
(C) review and comment on all subcontracts and grants 
to be awarded luider the Program; 
(D) receive and review progress reports from the Consor-
tiimi and program subcontractors and grantees; and 
(E) provide such other advice on the Program as is appro-
priate. 
(3) The Committee shall consist of at least ten members and 
shall include— 
(A) three members representing agencies having authority 
under State law to regulate the shellfish industry, of whom 
one shall represent each of the Atlantic, Pacific, and Gulf 
of Mexico shellfish growing regions; 
(B) three membc^rs representing persons engaged in the 
shellfish industry in the Atlantic, Pacific, and Gulf of Mexico 
shellfish growing regions (who shall be appointed from among 
at least six recommendations by the industry members of the 
Interstate Shellfish Sanitation Conference Executive Board), 
of whom one shall represent the shellfish industry in each 
region; 
(C) three members, of whom one shall represent each of 
the following Federal agencies: the National Oceanic and 
Atmospheric Administration, the Environmental Protection 
Agency, and the Food and Drug Administration; and 
(D) one member representing the Shellfish Institute of 
North America. 
(4) The Chairman of the Committee shall be selected from 
among the Committee members described in paragraph (3XA). 
(5) The Committee shall establish and maintain a subcommittee Establishment, 
of scientific experts to provide advice, assistance, and information 
relevant to research funded under the Program, except that no 
individual who is awarded, or whose application is being considered 
for, a grant or subcontract under the Program may serve on such 
subcommittee. The membership of the subcommittee shall, to the 
extent practicable, be regionally balanced with experts who have 
scientific knowledge concerning each of the Atlantic, Pacific, and 
Gulf of Mexico shellfish growing regions. Scientists from the 
National Academy of Sciences and appropriate Federal agencies 
(including the National Oceanic and Atmospheric Administration, 
Food and Drug Administration, Centers for Disease Control, 
National Institutes of Health, Environmental Protection Agency, 
and National Science Foundation) shall be considered for member-
ship on the subcommittee. 
(6) Members of the Committee and its scientific subcommittee 
established under this subsection shall not be paid for serving 
on the Committee or subcommittee, but shall receive travel expenses 
as authorized by section 5703 of title 5, United States Code. 
(c) CONTRACT WITH CONSORTIUM.—Within 30 days after the 
date of enactment of this Act, the Secretary of Commerce shall 
seek to enter into a cooiierative agreement or contract with the 
Consortium under which tne Consortium will— 
106 STAT. 4288 
PUBLIC LAW 102-567—OCT. 29, 1992 
(1) be the academic administrative organization and fiscal 
agent for the Program; 
(2) award and administer such grants and subcontracts 
as are approved by the Committee under subsection (b); 
(3) develop and implement a scientific peer review process 
for evaluating grant and subcontractor applications prior to 
review by the Committee; 
(4) in cooperation with the Secretary of Conmierce and 
the Committee, procure the services of a scientific project 
director; 
Imports- 
(5) develop and submit budgets, progress reports, work 
plans, and plans of operation for the Program to the Secretary 
of Conmierce and the Committee; and 
(6) make available to the Committee such staff, informa-
tion, and assistance as the Committee may reasonably require 
to carry out its activities. 
(d) REPORTING REQUIREMENTS.—Within 3 months afl;er the date 
of enactment of this Act and within each of the next three consecu-
tive 3-month intervals, the Secretary of Commerce shall provide 
Congress with written assessments of Federal efforts to implement 
this section. In addition, the Secretary of Commerce shall submit 
an annual report to Congress on the Program, including a descrip-
tion of the rosearoh fiinded under the Program and the rosults 
of such research. 
(e) AUTHORIZATION OF APPROPRIATIONS.—(1) Of the sums 
authorized under section 4(a) of the National Oceanic and 
Atmospheric Administration Marine Fisheries Program Authoriza-
tion Act (Public Law 98-210; 97 Stat. 1409), there are authorized 
to be appropriated to the Secret£ury of Commerce $5,200,000 for 
each of tiie fiscal years 1993 through 1997 for carrying out the 
Program. Of the amounts appropriated pursuant to this authoriza-
tion, not more than 5 percent of such appropriation may be used 
for administrative 
purposes by the 
National 
Ocecuiic and 
Atmospheric Administration. The remaining 95 percent of such 
appropriation shall be used to meet the administrative and scientific 
objectives of the Program. 
(2) The Interstate Shellfish Sanitation Conference shall not 
administer appropriations authorized under this section, but may 
be reimbursed from such appropriations for its expenses in arrang-
ing for travel, meetings, workshops, or conferences necessary to 
carry out the Program. 
(0 DEFINITIONS.—^As used in this section, the term— 
(1) "Consortium" means the Louisiana Universities Marine 
Consortium; and 
(2) "shellfish" means any species of oyster, clam, or mussel 
that is harvested for human consumption. 
SEC. 30e. COOPERATIVE INSTITUTE OF FISHERIES OCEANOGRAPHY. 
North Carolina. 
The Secretary of Commerce shall acquire on a long-term basis 
fix>m the Administrator of General Services space on Pivers Island 
in Beaufort, North Carohna, that is needed to implement the memo-
randum of understanding of Maroh 2, 1989, between the National 
Oceanic and Atmospheric Administration, Duke University, and 
the University of North Carolina estoblishing the Cooperative 
Institute of Fisheries Oceanography. This section shall not apply 
if the annual cost of leasing the required space exceeds $2,000,000. 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4289 
SEC. 310. UNITED STATES GULF OF MEXICO AND SOUTH ATLANTIC 
SHRIMP FISHERY STUDY. 
(a) STUDY.—(1) The Secretary of Commerce shall conduct a 
comprehensive economic study to provide baseline information to 
guide policy decisions on the future of the United States Gulf 
of Mexico and South Atlantic shrimp fishery. Funds shall only 
be expended imder the terms of paragraph (2) of this section. 
(2) The study shall— 
(A) gather information as to the extent to which govern-
mental and economic: factors have affected or may affect the 
United States Gulf of Mexico and South Atlantic shrimp fishery; 
(B) attempt to expand available historical data through 
survey contacts and cooperation with the industry; and 
(C) incorporate the results of the studies on the United 
States Gulf of Mexico and South Atlantic shrimp fishery that 
are underway or completed on the date this section is effective. 
(b) REPORT.—^The Secretary of Commerce shall submit a report 
to Congress detailing the results of this study no later than October 
1,1993. 
(c) AUTHORIZATION.—There is authorized to be appropriated 
to carry out the provisions of this section $1,000,000 for fiscal 
year 1993. None of the funds authorized under section 304(g) of 
the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1854(g)) may be used to carry out the provisions of this 
section. 
SEC. 311. REPORT ON SATELLITE CAPABIUTIES FOR FISHERIES 
ENFORCEMENT. 
(a) IN GENERAL.—^Not later than six months after the date 
of the enactment of this Act, the Secretary of Commerce, in consulta-
tion with the heads of other Federal agencies, shall prepare and 
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 describing how 
current and planned satellite capabilities of the Federal Government 
can aid in the enforcement of Federal fisheries laws and inter-
national fisheries conservation programs. 
(b) REPORT CONTENTS.—^The report under subsection (a) shall 
include consideration o
f
— 
(1) active, transponder-based systems and passive, vessel 
signature-based techniologies capable of localizing or identi-
fying individual vessels without the use of vessel-carried 
transmitters; 
(2) the resolution, coverage periods, and all-weather 
effectiveness of each technology and the real-time data delivery 
capacity of the various systems; 
(3) a description of the technological requirements (includ-
ing data processing and transfer procedures) and institutional 
requirements necessary to transfer satellite data to end users 
for management and enforcement purposes; and 
(4) the status of foreign civil satellites and the feasibility 
of their application to international vessel location and monitor-
ing. 
106 STAT. 4290 
PUBLIC LAW 102-567—OCT. 29, 1992 
California. 
SEC. 312. DEMONSTRATION 
PROJECT 
FOR 
SEAFOOD 
HANDLING 
TRAINING AND EDUCATION. 
(a) GRANTS.—^The Secretary of Commerce may make annual 
grants to the City of San Francisco and the Port of San Francisco 
for each of the fiscal years 1992 and 1993 for a joint proiect 
at the San Francisco Wharf to demonstrate safe seafood handling 
and to conduct seafood education programs. 
(b) AUTHORIZATION OF APPROPRIATIONS.—For grants imder this 
section, there are authorized to be appropriated to the Secretary 
of Commerce— 
(1) $250,000 for fiscal year 1992; and 
(2) $350,000 for fiscal year 1993. 
Such funds shall remain available iintil expended. 
SEC. 313. BOWHEAD WHALE STUDY. 
Notwithstanding any other provision of law, the Department 
of Commerce and the Department of the Interior are authorized 
to pay as appropriate, $48,464, plus interest since June 6, 1988, 
to reimburse any unpaid costs inciirred in the research and prepara-
^\ 
tion of a paper entitled "Quantification of Subsistence and Cultural 
\ . Need for Bowhead Whales by Alaska Eskimos", which was pre-
sented by the United States to the 40th Annual Meeting of the 
International Whaling Commission. 
Louisiana. 
SEC. 314. FISHERIES RESEARCH CENTER. 
The Secretary of Commerce, through the Under Secretary of 
Commerce for Oceans and Atmosphere, is authorized to construct 
a building, on approximately 15 acres of land to be leased from 
the University of Southwest Louisiana for a 99-year term. This 
section shall not apply if the annual cost of leasing the required 
land exceeds one dollar. This authorization is subject to the avail-
ability of appropriations provided in advance for the purpose stated 
in this section. 
Mississippi. 
SEC. 315. PASCAGOULA LABORATORY WAREHOUSE FACILITIES. 
Due to the logistical crisis at the National Marine Fisheries 
Service Laboratonr at Pascagoula, Mississippi, the Administrator 
of the National Oceanic and Atmospheric Administration should 
give immediate consideration to upgrading dock and warehouse 
support facilities at such Laboratory in fiscal year 1993. 
TITLE IV—ADMINISTRATION AND OTHER ACCOUNTS 
SEC. 401. PROGRAM SUPPORT. 
(a) EXECUTIVE DIRECTION AND ADMINISTRATIVE ACTIVITIES.— 
There are authorized to be appropriated to the Secretary of Com-
merce, to enable the National Oceanic and Atmospheric Administra-
tion to carry out executive direction and administrative activities 
(including management, administrative support, provision of retired 
pay of National Oceanic and Atmospheric Administration commis-
sioned ofiRcers, and policy development) under the Act entitled 
"An Act to clarify the status and benefits of commissioned ofiicers 
of the National Oceanic and Atmospheric Administration, and for 
other purposes", approved December 31, 1970 (33 U.S.C. 857-1 
et seq.), and any other law involving those activities, $68,460,000 
for fiscal year 1992 and $75,750,000 for fiscal year 1993. 
(b) MARINE SERVICES.-—(1) There are authorized to be appro-
priated to the Secretary of Commerce, to enable the National Oce-
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4291 
anic and Atmospheric Administration to carry out marine services 
activities (including ship operations, maintenance, and support) 
under the Act of 1947 and any other law involving those activities, 
$63,407,000 for fiscal year 1992 and $68,518,000 for fiscal year 
1993. 
(2) There are authorized to be appropriated to the Secretary 
of Commerce, to enable the National Oceanic and Atmospheric 
Administration to acquire a multibeam sonar mapper, $1,500,000 
for fiscal year 1993. 
(3) In addition to sums authorized in paragraphs (1) and (2), 
there are authorized to be appropriated to the Secretary of Com-
merce $1,040,000 for fiscal year 1993 for the reactivation and oper-
ation of the research vessle ALBATROSS IV. 
(4)(A) Unless necessary for safety reasons, the Secretary of 33 USC 89lb 
Commerce shall not deactivate the ALBATROSS IV (if active), "°*« 
until an equivalent replacement vessel is operational. 
(B) The Secretary of Commerce shall notify the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Merchant Marine and Fisheries of the House of 
Representatives 60 days prior to the proposed deactivation of any 
other research vessel of the National Oceanic and Atmospheric 
Administration, if an equivalent replacement vessel will not become 
operational at the time of deactivation. 
(5) The Secretary of Commerce shall consult with the Oceanog- 33 USC 89lg 
rapher of the Navy regarding appropriate cost effective and practical 
^°^-
measures to allow vessels of the National Oceanic and Atmospheric 
Administration to be interoperable with vessels of the Department 
of the Navy, including with respect to operation, maintenance, 
and repair of those vessels. 
(c) AIRCRAFT SERVICES.—There are authorized to be appro-
priated to the Secretary of Commerce, to enable the National Oce-
anic and Atmospheric Administration to carry out aircraft services 
activities (including aircraft operations, maintenance, and support) 
under the Act of 1890 and any other law involving those activities, 
$8,865,000 for fiscal year 1992 and $10,336,000 for fiscal year 
1993. 
SEC. 402. CONSTRUCTION. 
There are authorized to be appropriated to the Secretary of 
Commerce, for acquisition, construction, maintenance, and oper-
ation of facilities of the National Oceanic and Atmospheric Adminis-
tration under any law involving those activities, $34,917,000 for 
fiscal year 1992 and $94,500,000 for fiscal year 1993. 
SEC. 403. NOTICE OF REPROGRAMMING. 
15 USC 1538. 
(a) IN GENERAL.—^The Secretary of Commerce shall provide 
notice to the Committee on Commerce, Science, and Transportation 
and Committee on Appropriations of the Senate and to the Commit-
tee on Merchant Marine and Fisheries, Committee on Science, 
Space, and Technology, and Committee on Appropriations of the 
House 
of 
Representatives, 
not 
less 
than 
15 
days 
before 
reprogramming funds available for a program, project, or activity 
of the National Oceanic and Atmospneric Administration in an 
amount greater than the lesser of $250,000 or 5 percent of the 
total funding 
of such program, project, 
or activity if the 
reprogramming— 
(1) augments an existing program, project, or activity; 
106 STAT. 4292 
PUBLIC LAW 102-567—OCT. 29, 1992 
15 use 1539. 
Regulations. 
44 use 1307 
note. 
(2) reduces by 5 percent or more (A) the funding for an 
existing program, project, or activity or (B) the numbers of 
personnel therefor as approved by Confess; or 
(3) results from any general savings from a reduction in 
personnel which would result in a change in an existing pro-
gram, project, or activity. 
(b) NOTICE OF REORGANIZATION.—The Secretary of Commerce 
shall provide notice to the Committees on Merchant Marine and 
Fisheries, Science, Space, and Technology, and Appropriations of 
the House of Representatives, and the Committees on Commerce, 
Science, and Transportation and Appropriations of the Senate not 
later than 15 days before any major reorganization of any program, 
project, or activity of the National Oceanic and Atmospheric 
Administration. 
SEC. 404. FINANCIAL ASSISTANCE. 
(a) PROCESSING OF APPLICATIONS.—Within 12 months after the 
date of enactment of this Act, the Secretary of Commerce shall 
develop and, after notice and opportunity for public comment, 
promulgate regulations or guidelines to ensure that a completed 
application for a grant, contract, or other financial assistance under 
a nondiscretionary assistance program shall be processed and 
approved or disapproved within 75 days after submission of the 
application to the responsible program omce of the National Oceanic 
and Atmospheric Administration. 
(b) NOTIFICATION OF APPUCANT.—Not later than 14 days after 
the date on which the Secretary of Commerce receives an applica-
tion for a contract, grant, or other financial assistance provided 
imder a nondiscretionary assistance program administered by the 
National Oceanic and Atmospheric Administration, the Secretary 
shall indicate in writing to the applicant whether or not the applica-
tion is complete and, if not complete, shall specify the additional 
material tnat the applicant must provide to complete the 
application. 
(c) EXEMPTION.—In the case of a program for which the recipi-
ent of a grant, contract, or other financial assistance is specified 
by statute to be, or has customarily been, a State or an interstate 
fishery commission, such financial assistance may be provided bv 
the Secretary to that recipient on a sole-source basis, notwithstand-
ing any other provision of law. 
(d) DEFINITION.—In this section, the term "nondiscretionary 
assistance program" means any program for providing financial 
assistance— 
(1) under which the aniount of funding for, and the 
intended recipient of, the financial assistance is specified by 
Congress; or 
(2) the recipients of which have customarily been a State 
or an interstate fishery commission. 
SEC. 406. 
PRICE FREEZE ON 
CHARTS AND 
OTHER PRODUCTS 
OF 
NOAA. 
Notwithstanding section 1307 of title 44, United States Code, 
the price of nautical charts or other nautical products produced 
or published by the National Oceanic and Atmospheric Administra-
tion and sold after the date of the enactment of this Act shall 
not exceed the price of that t3rpe of chart or product on the date 
of enactment of this Act adjusted for inflation. This section shall 
not apply after September 30,1994. 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4293 
SEC. 406. COOPERATIVE AGREEMENTS. 
15 USC 1540. 
The Secretary of Commerce, acting through the Under Sec-
retary of Commerce for Oceans and Atmosphere, may enter into 
cooperative agreements and other financial agreements with any 
nonprofit organization to— 
(1) aid and promote scientific and educational activities 
to foster public understanding of the National Oceanic and 
Atmospheric Administration or its programs; and 
(2) solicit private donations for the support of such 
activities. 
SEC. 407. RECRUITMENT OF MmORITIES AND WOMEN FOR NOAA 
SCIENCE EDUCATION ACTIVITIES. 
(a) FINDINGS.—The Congress finds the following: 
(1) In this decade, more than two-thirds of the new entrants 
to the United States labor force will be minorities and women— 
groups which for the most part have been historically 
underrepresented in the sciences. 
(2) The National Science Foundation estimates that by 
the year 2000, the United States will face a shortfall of more 
than 400,000 science and engineering personnel. 
(3) Given the demographics of the United States workforce, 
the problem of underrepresented minorities and women in the 
sciences and engineenng could seriously compromise the indus-
trial and technological capability of the United States, as well 
as its ability to compete in international marketplaces. 
(4) The National Oceanic and Atmospheric Administration 
has made important efforts to promote education programs 
in the sciences for students, teachers, and other citizens. 
(b) SENSE OF CONGRESS.—It is the sense of the Congress that 
the National Oceanic and Atmospheric Administration should con-
tinue to expand its educational programs in the sciences, and in 
this effort, that the National Oceanic and Atmospheric Administra-
tion should develop and promote programs that reach out to and 
recruit minorities and women for education in the sciences. 
TITLE V—NATIONAL MARINE MONITORING PROGRAM 
SEC. 501. AMENDMENT. 
The Marine Protection, Research, and Sanctuaries Act of 1972 
is amended by adding at the end the following new title: 
TITLE V—NATIONAL COASTAL MONITORING ACT 
"SEC. 501. PURPOSES. 
33 USC 2801. 
'Thepurposesof this title are to— 
"(1) establish a comprehensive national program for consist-
ent monitoring of the Nation's coastal ecosystems; 
"(2) establish long-term water quality assessment and mon-
itoring programs for high priority coastal waters that will 
enhance the ability of Federal, State, and local authorities 
to develop and implement effective remedial programs for those 
waters; 
"(3) establish a system for reviewing and evaluating the 
scientific, analjrtical, and technological means that are available 
for monitoring the environmental quality of coastal ecosystems; 
106 STAT. 4294 
PUBLIC LAW 102-567—OCT. 29, 1992 
"(4) establish methods for identifying uniform indicators 
of coastal ecosystem quality; 
Reports- 
"(5) proviae for periodic, comprehensive reports to Congress 
concerning the quality of the Nation's coastal ecosystems; 
"(6) establish a coastal environment information program 
to distribute coastal monitoring information: 
''(7) provide state programs authorized under the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) with 
information necessary to design land use plans and coastal 
zone regulations that will contribute to the protection of coastal 
ecosystems; and 
"(8) provide certain water pollution control programs 
authorized imder the Federal Water Pollution Control ^ t (33 
U.S.C. 1251 et seq.) with information necessary to design and 
implement effective coastal water pollution controls. 
33 use 2802. 
"SEC. 502. DEFINITIONS. 
"For the purposes of this title, the term— 
"(1) 'Administrator' means the Administrator of the 
Environmental Protection Agency; 
"(2) 'coastal ecosystem means a system of interacting 
biological, chemical, and physical components throughout the 
water column, water surface, and benthic environment of 
coastal waters; 
"(3) 'coastial water quality* means the physical, chemical 
and biological parameters that relate to the health and integrity 
of coastal ecosystems; 
"(4) 'coastal water quality monitoring' means a continuing 
program of measurement, analysis, and s^thesis to identify 
ana quantify coastal water quality conditions and trends to 
proviae a technical basis for decisionmaking; 
"(5) 'coastal waters' means waters of the Great Lakes, 
including their connecting waters and those portions of rivers, 
streams, and other bodies of water having unimpaired connec-
tion with the open sea up to the head of tidal influence, includ-
ing wetlands, intertidal areas, bays, harbors, and leigoons, 
including waters of the territorial sea of the United Stetes 
and the contiguous zone"; and 
"(6) *Under Secretary' means Under Secretary of Commerce 
for Oceans and Atmosphere. 
33 use 2803. 
'^EC. 503. COMPREHENSIVE COASTAL WATER QUALTIT MONITORING 
PROGRAM. 
"(a) AUTHORITY; JOINT IMPLEMENTATION.—(1) The Adminis-
trator and the Under Secretary, in conjunction with other Federal, 
Stete, and local authorities, shall jointly develop and implement 
a program for the long-term collection, assimilation, and analysis 
of scientific date designed to measure the environmentel quality 
of the Nation's cosistal ecosystems pursuant to this section. Monitor-
ing conducted pursuant to this section shall be coordinated with 
relevant monitoring programs conducted by the Administrator, 
Under Secretary, and other Federal, Stete, and local authorities. 
Rhode Island. 
**(2) Primanr leadership for the monitoring program activities 
conducted by the Environmental Protection Agency pursuant to 
this section shall be located at the Environmental Research Labora-
tory in Narragansett, Rhode Island. 
"(b) PROGRAM ELEMENTS.—The Comprehensive Coastal Water 
Quality Monitoring Program shall include, but not be limited to— 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4295 
"(1) identification and analysis of the status of environ-
mental ^[uality in the Nation's coastal ecosystems, including 
but not limited to, assessment of— 
"(A) ambient water quality, including contaminant lev-
els in relation to criteria and standards issued pursuant 
to title III or the Federal Water Pollution Control Act 
(33 U.S.C. 1311 et seq.); 
"(B) benthic environmental quality, including analysis 
of contaminant levels in sediments in relation to criteria 
and standards issued pursuant to title III of the Federal 
Water Pollution Control Act (33 U.S.C. 1311 et seq.); and 
"(C) health and quality of living resources. 
"(2) identification of sources of environmental degradation 
affecting the Nation's coastal ecosystems; 
"(3) assessment of the impact of governmental programs 
and management strategies and measures designed to abate 
or prevent the environmental degradation of the Nation's 
coastel ecosystems; 
"(4) assessment of the accumulation of floatables along 
coastal shorelines; 
"(5) analysis of expected short-term and long-term trends 
in the environmentel quality of the Nation's coastal ecosystems; 
and 
"(6) the development and implementetion of intensive 
coastal water quality monitoring programs in accordance with 
subsection (d). 
(c) MONITORING GUIDELINES AND PROTOCOLS.— 
"(1) GUIDELINES.—Not later than 18 months after the date 
of the enactment of this title, the Administrator and the Under 
Secretary shall jointly issue coastal water quality monitoring 
guidelines to assist in the development and implementetion 
of coastel water quality monitoring programs. The guidelines 
shall— 
"(A) provide an appropriate degree of uniformity among 
the coastel water quality monitoring methods and data 
while preserving the flexibility of monitoring programs to 
address specific needs; 
"(B) esteblish scientifically valid monitoring methods 
that will— 
"(i) provide simplified methods to survey and 
. 
assess the water quality and ecological health of coastel 
^ 
waters; 
"(ii) identify and quantify through more intensive 
efforts the severity of existing or anticipated problems 
in selected coastal waters; 
"(iii) identify and quantify sources of pollution that 
cause or contribute to those problems, including point 
and nonpoint sources; and 
"(iv) evaluate over time the effectiveness of efforts 
to reduce or eliminate pollution from those sources; 
"(C) provide for date compatibility to enable date to 
be efiicientlv stored and shared by various users; and 
"(D) identify 
appropriate physical, chemical, and 
biological indicators of the health and quality of coastal 
ecosystems. 
"(2) TECHNICAL PROTOCOLS.—Guidelines issued under para-
graph (1) shall include protocols for— 
106 STAT. 4296 
PUBLIC LAW 102-567—OCT. 29, 1992 
"(A) designing statistically valid coastal water quality 
monitoring networks and monitoring surveys, including 
assessment of the accumulation of floatables. 
"(B) sampling and analysis, including appropriate 
physical and chemical parameters, living resource param-
eters, and sediment analysis techniques; and 
''(C) quality control, quality assessment, and data 
consistency and management. 
"(3) PERIODIC REVIEW.—The Administrator and the Under 
Secretary shall periodically review the guidelines and protocols 
issued imder this subsection to evaluate their efiTectiveness, 
the degree to which they continue to answer program objectives 
\ 
: and provide an appropriate degree of uniformity while taking 
local conditions into account, and any need to modify or supple-
ment them with new guidelines £uid protocols, as needed. 
"(4) DISCHARGE PERMIT DATA.—^The Administrator or a 
State permitting authority shall ensure that compliance mon-
itoring conducted pursuant to section 402(aX2) of the Federal 
Water Pollution Control Act (33 U.S.C. 1342(a)(2)) for permits 
for discharges to coastal waters is consistent with the guidelines 
issued under this subsection. Any modifications of discharge 
permits necessary to implement this subsection shall be deemed 
to be minor modifications of such permit. Nothing in this sub-
section requires dischargers to conduct monitoring other than 
compliance monitoring pursuant to permits under section 
402(a)(2) of the Federal Water Pollution Control Act (33 U.S.C. 
1342(aX2)). 
"(d) 
INTENSIVE 
COASTAL 
WATER 
QUALITY 
MONITORING 
PROGRAMS.— 
"(1) IN GENERAL.—The Comprehensive Coastal Water Qual-
ity Monitoring Program established pursuant to this section 
shall include intensive coastal water quality monitoring pro-
grams developed under this subsection. 
"(2) DESIGNATION OF INTENSIVE MONITORING AREAS.—^Not 
later than 24 months after the date of enactment of this title 
and periodically thereafter, the Administrator and the Under 
Secretary shall, based on recommendations by the National 
Research Council, jointly designate coastal areas to be inten-
sively monitored. 
"(3) IDENTIFICATION OF SUITABLE COASTAL AREAS.—(A) The 
Administrator and the Under Secretary shall contract with 
the National Research Council to conduct a study to identify 
coastal areas suitable for the establishment of intensive coastal 
monitoring programs. In identifying these coastal areas, the 
National Research Council shall consider areas that— 
"(i) are representatives of coastal ecosystems through-
out the United States; 
"(ii) will provide information to assess the status and 
trends of coastal water quality nation-wide; and 
"(iii) would benefit from intensive water quality mon-
itoring because of local management needs. 
"(B) In making recommendations under this paragraph, 
the National Research Council shall consult with Regional 
Research Boards established pursuant to title IV of this Act. 
Reports. 
"(C) The National Research Council shall, within 18 months 
of the date of enactment of this title, submit a report to the 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4297 
Administrator and the Under Secretary listing areas suitable 
for intensive monitoring. 
**(D) The Administrator and the Under Secretary, in Massachusetts. 
conjunction with other Federal, State, and local authorities, ^
^
^
'
^
^
• 
shall develop and implement multi-year programs of intensive 
monitoring tor Massachusetts and Cape Cod Bays, the Gulf 
of Maine, the Chesapeake Bay, the Hudson-Raritan Estuary, 
and each area jointly designated by the Administrator and 
the Under Secretary pursuant to paragraph (2). 
"(4) INTENSIVE COASTAL WATER QUALITY MONITORING PRO-
GRAMS.—Each intensive coastal water q[uality monitoring pro-
gram developed pursuant to this subsection shall— 
**(A) identify water quality conditions and problems 
and provide information to assist in improving coastal 
water quality; 
"(B) clearly state the goals and objectives of the mon-
itoring program and their relationship to the water quality 
objectives for coastal waters covered by the program; 
"(C) identify the water quality and biological param-
eters of the monitoring program and their relationship 
to these goals and objectives; 
"(D) describe the types of monitoring networks, surveys 
and other activities to be used to achieve these goals and 
objectives, using where appropriate the guidelines issued 
under subsection (c); 
"(E) survey existing Federal, State, and local coastal 
monitoring activities and private compliance monitoring 
activities in or on the coastal waters covered by the pro-
gram, describe the relationship of the program to those 
other monitoring activities, and integrate them, as appro-
priate, into the intensive monitoring program; 
"(F) describe the data management and quality control 
components of the program; 
"(G) specify the implementation requirements for the 
program, including— 
"(i) the lead Federal, State, or regional authority 
that will administer the program; 
"(ii) the public and private parties that will imple-
ment the program; 
"(iii) a detailed schedule for program implementa-
tion; 
"(iv) all Federal and State responsibilities for 
implementing the pro-am; and 
"(v) the changes in Federal, State, and local mon-
itoring programs necessary to implement the program; 
"(H) estimate the costs to Federal and State govern-
ments, and other participants, of implementing the mon-
itoring program; and 
"(I) describe the methods to assess periodically the 
success of the monitoring program in meeting its goals 
and objectives, and the manner in which the program may 
be mooified from time-to-time. 
"(5) CRITERIA FOR MONITORING MASSACHUSETTS AND CAPE 
C
O
D BAYS.—In addition to the criteria listed in paragraph (4), 
tiie intensive monitoring program for Massachusetts and Cape 
Cod Bays shall establish baseline data on environmental 
phenomena (such as quantity of bacteria and quality of indige-
106 STAT. 4298 
PUBLIC LAW 102-567—OCT. 29, 1992 
Federal 
Register, 
publication. 
nous species, and swimmability) and determine the ecological 
impacts resulting from major point source discharges. 
"(6) 
MEMORANDUM 
OF 
UNDERSTANDING.—Prior 
to 
implementing any intensive coastal water quality monitoring 
program under this subsection, the Administrator and the 
Under 
Secretary 
shall 
enter 
into 
a 
Memorandum 
of 
Understanding to implement the intensive coastal water quality 
monitoring programs and may extend the memorandum of 
Understanding to include other appropriate Federal agencies. 
The Memorandum of Understanding shall identify the monitor-
ing and reporting responsibilities of each agency and shall 
encourage the coordination of monitoring activities. 
"(7) IMPLEMENTATION.—<A) The Administrator, the Under 
Secretary, and the Governor of each State having waters subject 
to an intensive coastal water quality monitoring program devel-
oped pursuant to this subsection shall ensure compliance with 
that program. 
"(B) The Administrator and the Under Secretary are 
authorized to enter into cooperative agreements to provide 
financial assistance to non-Federal agencies and institu-
tions to support implementation of intensive monitoring 
programs under this subsection. Federal financial assist-
ance may only be provided on the condition that not less 
than fifty percent of the costs of the monitoring to be 
conducted by a non-Federal agency or institution is pro-
vided from non-Federal funds. 
"(e) COMPREHENSIVE IMPLEMENTATION STRATEGY.— 
"(1) IN GENERAL.—Within 1 year after the date of enact-
ment of this title, the Administrator and the Under Secretary 
shall jointly submit to Congress a Comprehensive Implementa-
tion Strategy identifjdng the current and planned activities 
to implement the Comprehensive Coastal Monitoring Program 
pursuant to this section. 
"(2) CONSULTATION.—The Administrator and the Under 
Secretary shall consult with the National Academy of Sciences, 
the Director of the United States Fish and Wildlife Service, 
the Director of the Minerals Management Service, the Com-
mandant of the Coast Guard, the Secretary of the Navy, the 
Secretary of Agriculture, the heads of any other relevant Fed-
eral or regional agencies, and the Governors of coastal States 
in developing the Strategy. 
"(3) PUBLIC COMMENT.—Not less than 3 months before 
submitting the Strategy to Congress, the Administrator and 
the Under Secretary shall jointly publish a draft version of 
the Strategy in the Federal Register and shall solicit public 
comments regarding the Strategy. 
"(4) MEMORANDUM OF UNDERSTANDING.—Within 1 year 
after submission of the Strategy under paragraph (1), the 
Administrator and the Under Secretary shall enter into a 
Memorandum of Understanding with appropriate Federal agen-
cies necessary to effect the coordination of Federal coastal mon-
itoring programs. The Memorandum of Understanding shall 
identify the monitoring and reporting responsibilities of each 
agency and shall encourage the coordination of monitoring 
activities where possible. 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4299 
SEC. 504. REPORT TO CONGRESS. 
33 USC 2804. 
''On September 30 of each other year beginning in 1993, the 
Administrator and the Under Secretary shall jointly submit to 
the Committee on Commerce, Science, and Transportation and the 
Committee on Environment and Public Works of the Senate and 
tiie Conmiittee on Merchant Marine and Fisheries and the Commit-
tee on Public Works and Transportation of the House of Representa-
tives a report describing the condition of the Nation's coastal 
ecosystems, including the following: 
"(1) an assessment of the status and health of the Nation's 
coastal ecosystems; 
"(2) an evaluation of environmental trends in coastal 
ecosystems; 
"(3) identification of sources of enironmental degradation 
affecting coastal ecosystems; 
"(4) an assessment of the extent to which floatables degrade 
coastal ecosystems, including trends in the accumulation of 
floatables and the threat posed by floatables to aquatic life; 
"(5) an assessment of the impact of government programs 
designed to abate the degradation of coastal ecosystems: 
"(6) an evaluation of the adequacy of monitoring programs 
and identification of any additional program elements which 
may be needed; and 
"(7) a summary of monitoring results in areas monitored 
iinder subsection 503(d). 
•^EC. SOS. AUTHORIZATION OF APPROPRIATIONS. 
33 USC 2805. 
"(a) NOAA AUTHORIZATION.—For development and implementa-
tion of programs imder this title, including financial assistance 
to non-Federal agencies and institutions to support implementation 
of intensive monitoring programs imder section 503(d), there is 
authorized to be appropriated to the Under Secretary amounts 
not to exceed $5,000,000 for fiscal year 1993, $8,000,000 for fiscal 
year 1994, $10,000,000 for fiscal year 1995, and $12,000,000 for 
fiscal year 1996. 
**(b) EPA AUTHORIZATION.—^For development and implementa-
tion of programs under this title, including financial assistance 
to non-Federal agencies and institutions to support implementation 
of intensive monitoring programs imder section 503(d), there is 
authorized to be appropriated to the Administrator amounts not 
to exceed $5,000,000 for fiscal year 1993, $8,000,000 for fiscal 
year 1994, and $10,000,000 for fiscal year 1995, and $12,000,000 
for fiscal year 1996.". 
TITLE VI—NOAA FLEET MODERNIZATION 
NOAA Fleet 
Modernization 
Act. 
SEC. 601. SHORT TITLE. 
33 usC 851 
This title may be cited as the *
T
»
J
O
A
A Fleet Modernization ^"^ 
Act". 
SEC. 602. DEFINITIONS. 
33 USC 891. 
In this title, the term— 
(1) '^OAA" means the National Oceanic and Atmospheric 
Administration within the Department of Commerce. 
(2) "NOAA fleet" means the fleet of research vessels owned 
or operated by NOAA 
106 STAT. 4300 
PUBLIC LAW 102-567—OCT. 29, 1992 
(3) Tlan" means the NOAA Fleet Replacement and Mod-
ernization Plan described in section 604. 
(4) "Secretanr" means the Secretiury of Commerce. 
(5) 'TJNOLS) means University-National Oceanographic 
Laboratory System. 
33 use 891a. 
SEC. 608. FLEET REPLACEMENT AND MODERNIZATION PROGRAM. 
The Secretary is authorized to implement, subject to the 
requirements of tnis Act, a 15-year program to replace and modern-
ize the NOAA fleet. 
33 use 891b. 
SEC. 604. FLEET REPLACEMENT AND MODERNIZATION PLAN. 
(a) IN GENERAL.—^To carry out the program authorized in sec-
tion 603, the Secretcuy shall develop and submit to Congress a 
replacement and modernization Plan for the NOAA fleet covering 
the years authorized under section 610. 
(b) TIMING.—^The Plan required in subsection (a) shall be 
submitted to Congress within 30 days of the date of enactment 
of this Act, and updated on an annual basis. 
(c) PLAN ELEMENTS.—^The Plan required in subsection (a) shall 
include the following— 
(1) the number of vessels proposed to be modernized or 
replaced, the schedule for their modernization or replacement, 
and anticipated funding requirements; 
(2) the number of vessels proposed to be constructed, leased, 
or chartered; 
(3) the number of vessels, or days at sea, that can be 
obtained by using the vessels of the UNOLS; 
(4) the number of vessels that will be made available to 
NOAA by the Secretary of the Navy, or any other federal 
official, and the terms and conditions for their availability; 
(5) 
the proposed 
acquisition 
of modem 
scientific 
instrumentation for the NOAA fleet, including acoustic systems, 
data transmission positioning and communication systems, 
physical, chemical, and meteorological oceanographic systems, 
and data acquisition and processing systems; and 
(6) the appropriate role of the NOAA Corps in operating 
and maintaining uie NOAA fleet. 
(d) CONTRACTING LIMITATION.—The Secretary may not enter 
into any contract for the construction, lease, or service life extension 
of a vessel of the NOAA fleet before the date of the submission 
to Congress of the Plan required in subsection (a). 
33 use 891c. 
SEC. 605. DESIGN OF NOAA VESSELS. 
(a) DESIGN REQUIREMENT.—Except for the vessel designs identi-
^ 
fled 
under subsection (b), the Secret£ury, working through the Office 
of the NOAA Corps Operations and the Systems Procurement Office, 
shall— 
(1) prepare requirements for each class of vessel to be 
constructed or converted under the Plan; and 
(2) contract competitively from nongovernmental entities 
with expertise in shipbuilding for vessel design and construction 
based on the requurements for each class of vessel to be 
acquired. 
Reports. 
(b) ExCEPnON.—The Secretary shall— 
(1) report to Congress identifying any existing vessel design 
or design proposal mat meets the requirements of the Plan 
within 30 days after the date of enactment of this Act and 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4301 
shall promptly advise the Congress of any modification of these 
designs; and 
(2) submit to Congress as part of the annual update of 
the Plan required in section 604, any subsequent existing vessel 
design or design proposals that meet the requirements of the 
Plan. 
SEC. 606. CONTRACT AUTHORITY. 
33 USC 891d. 
(a) MuLTiYEAR CONTRACTS.— 
(1) IN GENERAL.—Subject to paragraphs (2) and (3), and 
notwithstanding section 1341 of title 31, United States Code 
and section 3732 of the Revised Statutes of the United States 
(41 U.S.C. 11), the Secretary may acquire vessels for the NOAA 
fleet by purchase, lease, lease-purchase, or otherwise, imder 
one or more multiyear contracts. 
(2) REQUIRED FINDINGS.—The Secretary may not enter into 
a contract pursuant to this subsection unless the Secretary 
finds with respect to that contract that— 
(A) there is a reasonable expectation that throughout 
the contemplated contract period the Secretary will request 
from Congress funding for the contract at the level required 
to avoid contract termination; and 
(B) the use of the contract will promote the best 
interests of the United States by encouraging competition 
and promoting economic efficiency in the operation of the 
NOAA fleet. 
(3) REQUIRED CONTRACT 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 pajnnents under the contract for any fiscal 
year is subject to the availability of appropriations provided 
in advance for those payments; 
(B) a provision that specifies the term of effectiveness 
of the contract; and 
(C) appropriate provisions imder which, in case of any 
termination of the contract before the end of the term 
specified pursuant to subparagraph (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— 
(I) were appropriated before the date of the 
termination for the performance of the contract 
or for procurement of the type of acquisition cov-
ered by the contract; and 
(II) are imobligated on the date of the termi-
nation. 
(b) SERVICE CONTRACTS.—Notwithstanding any other provision 
of law, the Secretary may enter into multiyear contracts for oceano-
graphic research, fisheries research, and mapping and charting 
services to assist the Secretary in fulfilling NOAA missions. The 
Secretary may only enter into these contracts if— 
(1) the Secretary finds that it is in the public interest 
to do so; 
(2) the contract is for not more than 7 years; and 
106 STAT. 4302 
PUBLIC LAW 102-567—OCT. 29, 1992 
(3XA) the cost of the contract is less than the cost (mcluding 
the cost of operation, maintenance, and personnel) to the NOAA 
of 
obtaining those services on NOAA vessels; or 
(B) NOAA vessels are not available or cannot provide those 
services. 
(c) BONDING AUTHORTIY.—^Notwithstanding any other law, the 
Secretary may not require a contractor for the construction, edter-
ation, repair or maintenance of a NOAA vessel to provide a bid 
bond, pa3rment bond, performance bond, completion bond, or other 
surety instrument in an amount greater than 20 percent of the 
value of the base contract quantity (excluding options) unless the 
Secretary determines that requiring an instrument in that amoimt 
will not prevent a responsible bidder or offeror from competing 
for the award of the contract. 
33 use 891e. 
SEC. 607. BESTRICTION WITH RESPECT TO CERTAIN SHIPYARD SUB-
SIDIES. 
(a) IN GENERAL.—^The Secretary of Commerce may not award 
a contract for the construction, repair (except emergency repairs), 
or alteration of any vessel of the National Oceanic and Atmospheric 
Administration in a shipyard, if that vessel benefits or would benefit 
firom significant subsidies for the construction, repair, or alteration 
of 
vessels in that shipyard. 
(b) DEFINITION.—^In this section, the term "significant subsidy" 
includes, but is not limited to, any of the following: 
(1) Ofiicially supported export credits. 
(2) Direct ofiELdal operating support to the commercial ship-
building and repair industry, or to a related entity that favors 
the operation of shipbuildmg and repair, incluoing but not 
limited to— 
(A) grants; 
(B) loans and loan guarantees other than those avail-
able on the commercial market; 
(C) forgiveness of 
debt; 
(D) equity infiisions on terms inconsistent with 
commercially reasonable investment practices; and 
(E) preferential provision of 
goods and services. 
(3) Direct official support for investment in the commercial 
shipbuilding and repair mdustry, or to a related entity that 
favors the operation of shipbuiloing and repair, including but 
not limited to the kinds or support listed in paragraph (2XA) 
throi^h (E), and any restructuring support, except public sup-
port for social purposes directly and effectively linked to ship-
yard closures. 
(4) Assistance in the form of grants, preferential loans, 
preferential tax treatment, or otherwise, tnat benefits or is 
directly related to shipbuilding and repair for purposes of 
research and development that is not equally open to domestic 
and foreign enterprises. 
(5) Tax poliaes and practices that favor the shipbuilding 
and repair industiy, directly or indirectly, such as tax credits, 
deductions, exemptions, and preferences, including accelerated 
depreciation, if such benefits are not generally available to 
persons or 
firms 
not engaged in shipbuilding or repair. 
(6) Any official rf^eiuation or practice that authorizes or 
encourages persons or firms engaged in shipbuilding or repair 
to enter mto anticompetitive arrangements. 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4303 
(7) Any indirect support directly related, in law or in fact, 
to shipbuilding and repair at national yards, including any 
public assistance favoring shipowners with an indirect effect 
on shipbuilding or repair activities, and any assistance provided 
to suppliers of significant inputs to shipbuilding, which results 
in benefits to domestic shipbuilders. 
(8) Any export subsidy identified in the Illustrative List 
of Export Subsidies in the Annex to the Agreement on 
Interpretation and Application of Articles VI, XVI, and XXIII 
of the General Agreement on Tariffs and Trade or any other 
export subsidy that may be prohibited as a result of the Uru-
guay Round of trade negotiations. 
SEC. 608. USE OF VESSELS. 
33 USC 891f. 
(a) VESSEL AGREEMENTS.—In implementing the NOAA fleet 
replacement and modernization program, the Secretary shall use 
excess capacity of UNOLS vessels where appropriate and may enter 
into memoranda of agreement with the operators of these vessels 
to carry out this requirement. 
(b) REPORT TO CONGRESS.—Within one year afler the date 
of enactment of this Act, the Comptroller General of the United 
States shall provide a report to Congress, in consultation with 
the Secretary, comparing the cost-efficiency, accounting, and operat-
ing practices of the vessels of NOAA, UNOLS, other Federal agen-
cies, and the United States private sector in meeting the missions 
ofNOAA. 
SEC. 609. INTEROPERABILnY. 
33 USC 891g. 
The Secretary shall consult with the Oceanographer of the 
Navy regarding appropriate measures that should be taken, on 
a reimbursable basis, to ensure that NOAA vessels are interoperable 
with vessels of the Department of the Navy, including with respect 
to operation, maintenance, and repair of those vessels. 
SEC. 610. AUTHORIZATION OF APPROPRIATIONS. 
33 USC 891h. 
(a) IN GENERAL.—^There are authorized to be appropriated to 
the Secretary for carrying out this title— 
(1) $50,000,000 for fiscal year 1993; 
(2) $100,000,000 for fiscal year 1994; and 
(3) such sums as are necessary for each of the fiscal years 
1995,1996, and 1997. 
(b) 
LIMITATION ON FLEET MODERNIZATION ACTIVITIES.—All 
National Oceanic and Atmospheric Administration fleet moderniza-
tion shipbuilding, and conversion shall be conducted in accordance 
with this title. 
TITLE VII—WEATHER SERVICE MODERNIZATION 
Weather Service 
Modernization 
SEC. 701. SHORT TITLE. 
Act. 
This title may be cited as the "Weather Service Modernization 
Act". 
SEC. 702. DEFINITIONS. 
For the purposes of this title, the term— 
(1) "automate" means to replace employees with automated 
weather service equipment; 
(2) "change operations at a field ofHce" means transfer 
service responsibility, commission weather observation systems. 
15 USC 313 note. 
106 STAT. 4304 
PUBLIC LAW 102-567—OCT. 29, 1992 
decommission a National Weather Service radar, change staff-
ing levels significantly, or move a field office to a new location 
inside the local commuting and service area; 
(3) "Committee" means the Modernization Transition 
Conmiittee established by section 707; 
(4) "degradation of service" means any decrease in or failure 
to maintain the quality and tj^pje of weather services provided 
by the National Weauier Service to the public in a service 
area, including but not limited to a reduction in existing 
weather radar coverage at an elevation of 10,000 feet; 
(5) "field office" means any National Weather Service Office 
or National Weather Service Forecast Office; 
(6) "Plan" means the National Implementation Plan 
required under section 703; 
(7) "relocate" means to transfer from one location to another 
location that is outside the local commuting or service area; 
(8) "Secretary" means the Secretary of Commerce; 
(9) "service area" means the geographical area for which 
a field office provides services or conducts observations, includ-
ing but not limited to local forecasts, severe weather w£umings, 
aviation support, radar coverage, and ground weather observa-
tions; and 
(10) "Strategic Plan" means the 10-year strategic plan for 
the comprehensive modernization of tiie National Weather 
Service, required under section 407 of the National Aeronautics 
and Space Administration Authorization Act, Fiscal Year 1989 
(15 U.S.C. 313 note). 
SEC. 703. NATIONAL IMPLEMENTATION PLAN. 
(a) NATIONAL IMPLEMENTATION PLAN.—AS part of the budget 
justification documents submitted to Congress in support of the 
£mnual budget request for the Department of Commerce, the Sec-
retary shall include a National Implementation Plan for moderniza-
tion of the National Weather Service for each fiscal year following 
fiscal year 1993 imtil such modernization is complete. The Plan 
shall set forth the actions, during the 2-year period beginning 
with the fiscal year for which the budget request is macte, that 
will be necessary to accomplish the objectives described in the 
Strategic Plan, and shall include— 
(1) detailed requirements for new technologies, facilities, 
staffing levels and positions, and funding, in accordance with 
the overall schedule for modernization; 
(2) notification of any proposed action to change operations 
at a field office and the intended date of such operational 
change; 
(3) identification of any field office that the Secretary 
intends to certify under section 706, including the intended 
date of such certincation; 
(4) special measiires to test, evaluate, and demonstrate 
key elements of the modernized National Weather Service oper-
ations 
prior to national 
implementation, 
including a 
midtistation operational demonstration which tests the 
performcuice of the modernization in an integrated manner 
for a sustained period; 
(5) detailed plans and funding requirements for meteoro-
logical research to be accomplishment imder this title to assure 
that new techniques in forecasting will be developed to utilize 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4305 
Reports. 
the new technologies being implemented in the modernization; 
and 
(6) training and education programs to ensure that employ-
ees gain the necessary expertise to utilize the new technologies 
and to minimize employee displacement as a consequence of 
modernization. 
(b) TRANSMITTAL TO COMMITTEE.-—The Secretary shall transmit 
a copy of each annu£d Plan to the Committee. 
(c) CONSULTATION.—^In developing the Plan, the Secretary shall 
consult, as appropriate, with the Committee and public entities 
responsible for providing or utilizing weather services. 
SEC. 704. MODERNIZATION CRITERIA. 
(a) NATIONAL RESEARCH COUNCIL REVIEW.—The Secretary shall 
contract with the National Research Council for a review of the 
scientific and technical modernization criteria by which the Sec-
retary proposes to certify action to close, consolidate, automate, 
or relocate a field office under section 706. In conducting such 
review, the National Research Council shall prepare and submit 
to the Secretary, no later than 9 months after the date of enactment 
of this Act, a report which— 
(1) assesses requirements and procedures for commission-
ing new weather observation systems, decommissioning an out-
dated National Weather Service radar, and evaluating staffing 
needs for 
field 
offices in an affected service area; 
(2) assesses the statistical and analytical measures that 
shovdd be made for a service area to form an adequate basis 
for determining that there will be no degradation of service; 
and 
(3) includes such other recommendations as the National 
Research Council determines are appropriate to ensure public 
safety. 
(b) CRITERIA.—^No later than 12 months after the date of enact-
ment of this Act, the Secretary, in consultation with the National 
Research Council and the Committee and after notice and oppor-
tunity for public comment, shall publish in the Federal Register 
modernization criteria (including all requirements and procedures), 
based on the report required uncfer this section, for— 
(1) commissioning new weather observation systems, 
decommissioning an outdated National Weather Service radar, 
and evaluating staffing needs for field offices in an affected 
service area; and 
(2) certifying action to close, consolidate, automate, or 
relocate a 
field 
oince under section 706. 
SEC. 70S. CHANGES IN FIELD OFFICE OPERATIONS. 
(a) NOTIFICATION.—^The Secretary shall not change operations 
at a field office pursuant to implementation of the Strategic Plan 
unless the Secretary has provided the notification reqmred by sec-
tion 703. 
(b) WEATHER RADAR DECOKIMISSIONING.—The Secretary shall Reports. 
not remove or permanently decommission any National Weather 
Service radar until the Secretary has prepared radar commissioning 
and decommissioning reports documenting that such action would 
be consistent with the modernization criteria estabUshed under 
section 704(bXl). The commissioning report shall document that 
the radar svstem performs reUably, satisfactory maintenance sup-
port is in place, sufficient staff with adequate U>aining are present 
Federal 
Register, 
publication. 
106 STAT. 4306 
PUBLIC LAW 102-567—OCT. 29, 1992 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
to operate the system, technical coordination with weather service 
users has been completed, and the radar being commissioned satis-
factorily supports field office operations. The decommissioning 
report shall document that the replacement radar has been commis-
sioned, technical coordination with service users has been com-
pleted, and the radar being decommissioned is no longer needed 
to support field office operations. 
(c) SURFACE OBSERVING SYSTEM COMMISSIONING.—The Sec-
retary may not commission an automated surface observing system 
located at an airport unless it is determined, in consultation with 
the Secretary of Transportation, that the weather services provided 
after commissioning will continue to be in full compliance with 
applicable flight aviation rules promulgated by the Federal Aviation 
Administration. 
SEC. 706. RESTRUCTURING FIELD OFFICES. 
SEC. 706. (a) PROHIBITION.—The Secretary shall not close, 
before January 1, 1996, any field office pursuant to implementation 
of the Strategic Plan. 
(b) CERTIFICATION.—^The Secretary shall not close, consolidate, 
automate, or relocate any field office, unless the Secretary has 
certified that such action will not result in any degradation of 
service. Such certification shall include— 
(1) a description of local weather characteristics and 
weather-related concerns which affect the weather services pro-
vided within the service area; 
(2) a detailed comparison of the services provided within 
the service area and the services to be provided after such 
action; 
(3) a description of any recent or expected modernization 
of National Weather Service operations which will enhance 
services in the service area; 
(4) an identification of any area within any State which 
would not receive coverage (at an elevation of 10,000 feet) 
by the next generation weather radar network; 
(5) evidence, based upon operational demonstration of mod-
ernized National Weather Service operations, which was consid-
ered in reaching the conclusion that no degradation in service 
will result from such action; and 
(6) any report of the Committee submitted under section 
707(c) that evaluates the proposed certification. 
(c) PUBLIC REVIEW.—Each certification decision shall be pre-
ceded by— 
(1) publication in the Federal Register of a proposed certifi-
cation; and 
(2) a 60-day period after such publication during which 
the public may provide comments to the Secretary on the 
proposed certification. 
(d) FINAL DECISION.—If after consideration of the public com-
ment received under subsection (c) the Secretary, in consultation 
with the Committee, decides to close, consolidate, automate, or 
relocate any such field office, the Secretary shall publish a final 
certification in the Federal Register and submit the certification 
to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Science, Space, and Technology 
of the House of Representatives. 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4307 
(e) SPECIAL CIRCUMSTANCES.—The Secretary may not close or 
relocate any field office— 
(1) which is located at an airport, unless the Secretary, 
in consultation with the Secretary of Transportation and the 
Committee, first conducts an air safety appraisal, determines 
that such action will not result in degradation of service that 
affects aircraft safety, and includes such determination in the 
certification required under subsection (b); or 
(2) which is the only office in a State, unless the Secretary 
first evaluates the effect on weather services provided to in-
State users, such as State agencies, civil defense officials, and 
local public safety offices, and includes in the certification 
required under subsection (b) the Secretary's determination 
that a comparable level of weather services provided to such 
in-State users will remain. 
(f) LIAISON OFFICER.—^The Secretary may not close, consolidate, 
automate, or relocate a field office until arrangements have been 
made to maintain for a period of at least 2 years at least one 
person in the service area to act as a liaison officer who— 
(1) provides timely information regarding the activities of 
the National Weather Service which may affect service to the 
community, including modernization and restructuring; and 
(2) works with area weather service users, including per-
sons associated with general aviation, civil defense, emergency 
preparedness, and the news media, with respect to the provision 
of timely weather warnings and forecasts. 
SEC. 707. MODERNIZATION TRANSITION COMMITTEE. 
(a) ESTABLISHMENT.—^There is established a committee of 12 
members to be known as the Modernization Transition Committee. 
(b) MEMBERSHIP AND TERMS.—(1) The Committee shall consist 
of— 
(A) five members representing agencies and departments 
of the United States which are responsible for providing or 
using weather services, including out not limited to the 
National Weather Service, the Department of Defense, the Fed-
eral Aviation Administration, and the Federal Emergency 
Management Agencv; and 
(B) seven members to be appointed by the Secretary from 
civil defense and public safety organizations, news media, any 
labor organization certified by the Federal Labor Relations 
Authority as an exclusive representative of weather service 
employees, meteorological experts, and private sector users of 
weather information such as pilots and farmers. 
(2) The terms of office of a member of the Committee shall 
be 3 years; except that, of the original membership, four shall 
serve a 5-year term, four shall serve a 4-year term, and four 
shall serve a 3-year term. No individual may serve for more than 
one additional 3-year term. 
(3) The Secretary shall designate a chairman of the Committee 
from among its members. 
(c) DUTIES.—(1) The Committee may review any proposed cer-
tification under section 706 for which the Secretery nas provided 
a notice of intent to certify in the Plan, and should review such 
a proposed certification if there is a significant possibility of deg-
radation of service within the affected service area. Upon the 
request of the Committee, the Secretary shall make available to 
106 STAT. 4308 
PUBLIC LAW 102-567—OCT. 29, 1992 
the Committee the supporting documents developed by the Sec-
retary in connection with the proposed certification. The Committee 
may prepare and submit to the Secretary, prior to pubHcation 
of the proposed certification, a report which evaluates the proposed 
certification on the basis of the modernization criteria and with 
respect to the requirement that there be no degradation of service. 
(2) The Committee shall advise the Congress and the Secretary 
on— 
(A) the implementation of the Strategic Plan, annual devel-
opment of the Plan, and establishment and implementation 
of modernization criteria; and 
(B) matters of public safety and the provision of weather 
services which relate to the comprehensive modernization of 
the National Weather Service. 
(d) PAY AND TRAVEL EXPENSES.—Members of the Committee 
who are not employees of the United States shall each be paid 
at a rate equal to the daily equivalent of the rate for GS-18 
of the General Schedule under section 5332 of title 5, United States 
Code, for each day (including travel time) during which the member 
is engaged in the actual performance of duties vested in the 
Committee. Members shall receive travel expenses, including per 
diem in lieu of subsistence, as authorized by section 5703 of title 
5, United States Code. 
(e) STAFF.—^The Secretary shall make available to the Commit-
tee such staff, information, and assistance as it may reasonably 
require to carry out its activities. 
(f) TERMINATION.—^The Committee shall terminate on December 
31,1999. 
SEC. 708. WEATHER SERVICE REPORT. 
(a) REPORT.—^The Secretary shall prepare a report on the pro-
posed modernization of the National Weather Service and transmit 
the report, not later than 6 months afi^er the date of enactment 
of this Act, to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Science, Space, and 
Technology of the House of Representatives. 
(b) CONTENTS.—(1) The report required by subsection (a) shall 
identify the size of the geographic area of responsibility of each 
proposed Weather Forecast Ofiice and shall include an explanation 
of the number and type of personnel required at each Weather 
Forecast Office. For each proposed Weather Forecast Office covering 
a geographic area greater than two times the average geographic 
area of responsibility of Weather Forecast Offices nationwide, the 
report shall detail the reasons for assigning those Weather Forecast 
Offices a geographic area which differs significantly from the 
national average. 
(2) The report shall list the number of next generation weather 
radars that will be associated with each Weather Forecast Office 
nationwide under the proposed modernization plan. If some Weather 
Forecast Offices will be associated with more than one such radar, 
the report shall explain the deviation from the National Weather 
Service's stated policy of associating one such radar with one 
Weather Forecast Office, and shall analyze and compare any dif-
ferences in the expected efficiency of those Weather Forecast Offices 
with Weather Forecast Offices that will be associated with only 
one such radar. 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4309 
(c) CONSULTATION.—In preparing portions of the report that 
address Weather Forecast Offices located in areas of the Nation 
that are uniquely dependent on general aviation as a means of 
transportation, the Secretary shall consult with local aviation 
groups. In the case of Alaska, such local groups shall include 
the Alaska Aviation Safety Foundation, the Alaska Airmen's 
Association, and the regional representatives of the Aircraft Owners 
and Pilots Association. 
Alaska. 
SEC. 709. REPEALS. 
The National Aeronautics and Space Administration Authoriza-
i Act, 
repealing-
dSpj 
U.S.( 
tion Act, Fiscal Year 1989 (15 U.S.C. 313 note), is amended by 
(1) subsections (b), (c), and (d) of section 407; and 
(2) section 408. 
TITLE Vin—NORTH PACIFIC ANADROMOUS STOCKS 
CONVENTION 
SEC. 801. SHORT TITLE. 
This title may be cited as the "North Pacific Anadromous Stocks 
Act of 1992". 
SEC. 802. PURPOSE. 
It is the purpose of this title to implement the Convention 
for the Conservation of Anadromous Stocks in the North Pacific 
Ocean, signed in Moscow, February 11,1992. 
SEC. 803. DEFINITIONS. 
As used in this title, the term— 
(1) "Anadromous stocks" means stocks of species listed 
in the Annex to the Convention that migrate into the Conven-
tion area. 
(2) "Anadromous fish" means fish of the species listed in 
the Annex to the Convention that migrate into the Convention 
area. 
(3) "Authorized officer" means a law enforcement official 
authorized to enforce this title under section 809(a). 
(4) "Commission" means the North Pacific Anadromous 
Fish Commission provided for by article VIII of the Convention. 
(5) "Convention" means the Convention for the Conserva-
tion of Anadromous Stocks of the North Pacific Ocean, signed 
in Moscow, February 11,1992. 
(6) "Convention area" means the waters of the North Pacific 
Ocean and its adjacent seas, north of 33 degrees North Latitude, 
beyond 200 nautical miles from the baselines from which the 
breadth of the territorial sea is measured. 
(7) "Directed fishing" means fishing targeted at a particular 
species or stock offish. 
(8) "Ecologically related species" means living marine spe-
cies which are associated with anadromous stocks found in 
the Convention area, including, but not restricted to, both 
predators and prey of anadromous fish. 
(9) "Enforcement officer" means a law enforcement official 
authorized by any Party to enforce this title. 
(10) "Exclusive economic zone" means the zone established 
by Proclamation Numbered 5030, dated March 10, 1983. For 
purposes of appljdng this title, the inner boundary of that 
North Pacific 
Anadromous 
Stocks Act of 
1992. 
16 use 5001 
note. 
16 use 5001. 
16 use 5002. 
106 STAT. 4310 
PUBLIC LAW 102-567—OCT. 29, 1992 
zone is a line coterminous with the seaward boundary of each 
of the coasttd States. 
(11) Tish" means finfish, moUusks, crustaceans, and all 
other forms of marine animal and plant life other than marine 
mammals and birds. 
(12) "Fishing" means— 
(A) the catching, taking, or harvesting of fish, or any 
other activity that can reasonably be expected to result 
in the catching, taking, or harvesting offish; or 
(B) any operation at sea in preparation for or in direct 
support of any activity described in subparagraph (A). 
(13) "Fishing vessel" means— 
(A) any vessel engaged in catching fish within the 
Convention area or in processing or transporting fish loaded 
in the Convention area; 
(B) any vessel outfitted to engage in any activity 
described in subparagraph (A); 
(C) any vessel described in subparagraph (A) or (B). 
(14) "Incidental taking" means catching, taking, or harvest-
ing a species or stock of nsh while conducing directed fishing 
for another species or stock offish. 
(15) "Party" means Canada, Japan, the Russian Federation, 
the United States, and any other nation that may accede to 
the Convention. 
(16) "Secretary" means the Secretary of State. 
(17) "United States Section" means the United States 
Commissioners of the Commission. 
16 use 5003. 
SEC. 804. UNITED STATES COMMISSIONERS. 
(a) COMMISSIONERS.—The United States shall be represented 
on the Commission by not more than three United States Commis-
sioners to be appointed by and serve at the pleasure of the Presi-
dent. Each United States Commissioner shall be appointed for 
a term of office not to exceed 4 years, but is eligible for reappoint-
ment. Of the Commissioners— 
(1) one shall be an official of the United States Government; 
(2) one shall be a resident of the State of Alaska; and 
(3) one shall be a resident of the State of Washington. 
An individual is not eligible for appointment under paragraph (2) 
or (3) as a Commissioner imless the individual is knowledgeable 
or experienced concerning the anadromous stocks and ecologically 
related species of the North Pacific Ocean. 
(b) ALTERNATE COMMISSIONERS.—The Secretary, in consultation 
with the Secretary of Commerce, may designate from time to time 
Alternate United States Commissioners to the Commission. An 
Alternate United Stetes Commissioner may exercise all designated 
powers and duties of a United Stetes Commissioner in the absence 
of a duly designated Commissioner for whatever reason. The nimi-
ber of such Alternate United Stetes Commissioners that may be 
designated for any such meeting shall be limited to the number 
of authorized United Stetes Commissioners that will not be present. 
(c) UNITED STATES SECTION.—The United Stetes Section, in 
consultetion vath the Advisory Panel esteblished in section 805, 
shall identify and recommend to the Commission research needs 
and priorities for anadromous stocks and ecologically related species 
subject to the Convention, and oversee the United Stetes research 
programs involving such 
fisheries, 
stocks, and species. 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4311 
(d) COMPENSATION.—^United States Commissioners and Alter-
nate United States Commissioners shall receive no compensation 
for their services as Commissioners and Alternate Commissioners. 
SEC. 805. ADVISORY PANEL. 
16 USC 5004. 
(a) ESTABUSHMENT OF PANEL.—An Advisory Panel to the 
United States Section is established. The Advisory Panel shall 
be composed of the following: 
(1) The Commissioner of the Alaska Department of Fish 
and Game. 
(2) The Director of the Washington Department of 
Fisheries. 
(3) One representative of the Pacific States Marine Fish-
eries Commission, designated by the Executive Director of that 
commission. 
(4) Eleven members (six of whom shall be residents of 
the State of Alaska and five of whom shall be residents of 
the State of Washington), appointed by the Secretary, in con-
sultation with the Secretary of Commerce, from among a slate 
of 12 persons nominated by the Governor of Alaska and a 
slate of 10 persons nominated by the Governor of Washington. 
(b) QUALIFICATIONS.—^Persons appointed to the Advisory Panel 
shall be individuals who are knowleageable or experienced concern-
ing anadromous stocks and ecologicallv related species. In submit-
ting a slate of nominees pursuant to subsection (a)(4), the Grovemors 
of Alaska and Washington shall seek to represent the broad range 
of parties interested in anadromous stocks and ecologically related 
species, and at a minimum shall include on each slate at least 
one representative of commercial salmon fishing interests and of 
environmental interests concerned with protection of living marine 
resources. 
(c) LIMITATION ON SERVICE.—Any person appointed to the 
Advisory Panel pursuant to subsection (aX4) shall serve for a term 
not to exceed 4 years, and may not serve more than two consecutive 
terms. 
(d) FUNCTIONS.—The Advisoi^ Panel shall be invited to all 
nonexecutive meetings of the United States Section and at such 
meetings shall be granted the opportimity to examine and to be 
heard on all proposed programs of study and investigation, reports, 
and recommendations of the United States Section. 
(e) COMPENSATION AND EXPENSES.—The members of the 
Advisory Panel shall receive no compensation or travel expenses 
for their services as such members. 
SEC. 806. COMMISSION RECOMMENDATIONS. 
16 USC 5005. 
The Secretary, with the concurrence of the Secretary of Com-
merce, may accept or reject, on behalf of the United States, rec-
ommendations made by the Commission in accordance with article 
D
C of the Convention. 
SEC. 807. ADMINISTRATION AND ENFORCEMENT OF CONVENTION. 
16 USC 5006. 
(a) RESPONSIBILITIES.—^The Secretary of Commerce shall be 
responsible for administering provisions of the Convention, this 
title, and regulations issued under this title. The Secretary, in 
consultation with the Secretary of Commerce and the Secretary 
of Transportation, shall be responsible for coordinating the partici-
pation 01 the United States in the Commission. 
59-194 O—93 
22:QL3(Pt. 5) 
106 STAT. 4312 
PUBLIC LAW 102-567—OCT. 29, 1992 
(b) CONSULTATION AND COOPERATION.—In carrying out such 
functions, the Secretary of Commerce— 
Regulations. 
(1) shall, in consultation with the Secretary of Transpor-
tation and the United States Section, issue such regulations 
as may be necessary to cany out the purposes and objectives 
of the Convention and this title; and 
(2) may, with the concurrence of the Secretanr, cooperate 
with the authorized officials of tiie government of any Party. 
16 use 5007. 
SEC. 808. COOPERATION WITH OTHER AGENCIES. 
(a) IN GENERAL.—^Any agency of the Federal Government is 
authorized, upon request of the Commission, to cooperate in the 
conduct of scientific and other programs, and to furnish, on a 
reimbursable basis, facilities and personnel for the purpose of assist-
ing the Commission in carrying out its duties under the Convention. 
Such agency may accept reimbursement from the Commission. 
(b) FUNCTIONS OF SECRETARY OF COMMERCE.—In carrying out 
the provisions of the Convention and this title, the Secretary of 
Commerce may arrange for cooperation with agencies of the United 
States, the States, private institutions and organizations, and agen-
cies of the government of any Party, to conduct scientific and 
other programs, and may execute such memoranda as may be 
necessary to reflect such agreements. 
16 use 5008. 
SEC. 809. ENFORCEMENT PROVISIONS. 
(a) DUTIES OF SECRETARIES OF COMMERCE AND TRANSPOR-
TATION.—^This title shall be enforced by the Secretary of Commerce 
and the Secretary of Transportation. Such Secretaries may by agree-
ment utilize, on a reimbursable basis or otherwise, the personnel, 
services, equipment (including aircraft and vessels), and facilities 
of any other Federal agency, including all elements of the Depart-
ment of Defense, and of any State agencv, in the peiformance 
of such duties. Such Secretaries shall, and the head of any Federal 
or State agency that has entered into an agreement with either 
such Secretary under the preceding sentence may (if the agreement 
so provides), authorize officers to enforce the provisions of the 
Convention, this title, and regulations issued under, this title. Any 
such agreement or contract entered into pursuant to this section 
shall be effective only to such extent or m such amounts as are 
provided in advance in appropriations Acts. 
(b) DISTRICT COURT JURISDICTION.—The district courts of the 
United States shall have exclusive jurisdiction over any case or 
controversy arising under the provisions of this title. 
(c) POWERS OF ENFORCEMENT OFFICERS.—Authorized officers 
. ,. 
i3iay> shoreward of the outer boundary of the exclusive economic 
zone, or durinj^ hot pursuit from the zone— 
(1) with or without a warrant or other process— 
(A) arrest any person, if the officer has reasonable 
cause to believe that such person has committed an act 
prohibited by section 810; 
(B) board, and search or inspect, any fishing vessel 
subject to the provisions of the Convention and tlus title; 
(C) seize £uiy fishing vessel (together with its fishing 
gear, fUmiture, appurtenances, stores, and cargo) used or 
employed in, or witn respect to which it reasonably appears 
that such vessel was used or employed in, the violation 
of any provision of the Convention, this title, or regulations 
issued under this title; 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4313 
(D) seize any fish (wherever found) taken or retained 
in violation of any provision referred to in subparagraph 
(C); 
(E) seize any other evidence related to any violation 
of any provision referred to in subparagraph (C); 
(2) execute any warrant or other process issued by any 
court of competent jurisdiction; and 
(3) exercise any other lawful authority. 
(d) ADDITIONAL POWERS.—(1) An authorized officer may in the 
Convention area— 
(A) board a vessel of any Party that reasonably can be 
believed to be engaged in directed fishing for, incidental taking 
of, or processing of anadromous fish, and, without warrant 
or process, inspect equipment, logs, documents, catch, and other 
articles, and question persons, on board the vessel, for the 
purpose of carrying out the provisions of the Convention, this 
title, or any regulation issued under this title; and 
(B) If any such vessel or person on board is actually 
engaged in operations in violation of any such provision, or 
there is reasonable ground to believe any person or vessel 
was obviously so engaged before the boarding of such vessel 
by the authorized officer, arrest or seize such person or vessel 
and further investigate the circumstance if necessary. 
If an authorized officer, after boarding and investigation, has 
reasonable cause to believe that any such fishing vessel or person 
engaged in operations in violation of any provision referred to 
in subparagraph (A), the officer shall deliver the vessel or person 
as promptly as practicable to the enforcement officers of the appro-
priate Party, in accordance with the provisions of the Convention. 
(2) When requested by the appropriate authorities of a Party, 
an authorized officer may be directed to attend as a witness, and 
to produce such available records and files or duly certified copies 
thereof as may be necessary, for the prosecution by that Party 
of any violation of the provisions of the Convention or any law 
of that Party relating to the enforcement thereof. 
SEC. 810. UNLAWFUL ACTIVmES. 
16 USC 5009. 
It is unlawful for any person or fishing vessel subject to the 
jurisdiction of the United States— 
(1) to fish for any anadromous fish in the Convention 
area; 
(2) to retain on board any anadromous fish taken inciden-
tally in a fishery directed at nonanadromous fish in the Conven-
tion area; 
(3) to fail to return immediately to the sea any anadromous 
fish taken incidentally in a fishery directed at nonanadromous 
fish in the Convention area; 
(4) to ship, transport, offer for sale, sell, purchase, import, 
export, or have custody, control, or possession of, any anad-
romous fish taken or retained in violation of the Convention, 
this title, or any regulation issued under this title; 
(5) to refuse to permit any enforcement officer to board 
a fishing vessel subject to such person's control for piirposes 
of conducting any search or inspection in connection with the 
enforcement of the Convention, this title, or any regulation 
issued under this title; 
106 STAT. 4314 
PUBLIC LAW 102-567—OCT. 29, 1992 
(6) to forcibly assault, resist, oppose, impede, intimidate, 
or interfere with any enforcement officer in the conduct of 
any search or inspection described in paragraph (5); 
(7) to resist a lawful arrest or detection for any act prohib-
ited by this section; 
(8) to interfere with, delay, or prevent, by any means, 
the apprehension, arrest, or detection of another person, know-
ing tnat such person has committed any act prohibited by 
this section; or 
(9) to violate any provision of the Convention, this title, 
or any regulation issued under this title. 
16 use 5010. 
SEC. 811. PENALTIES. 
(a) CIVIL PENALTIES.—(1) Any person who is foimd by the 
Secretary of Commerce, after notice and opportimity for a hearing 
in accordance with section 554 of title 5, United States Code, 
to have committed an act prohibited by section 810 shall be liable 
to the United States for a civil penalty. The amount of the civil 
penalty shall not exceed $100,000 for each violation. Each day 
of a continuing violation shall constitute a separate offense. The 
amount of such civil penalty shall be assessed by the Secretary 
of Commerce, or the Secretary's designee, by written notice. In 
determining the amount of such penalty, the Secretary of Commerce 
shall take into account the nature, circumstances, extent, and grav-
ity of the prohibited acts committed and, with respect to the viola-
tion, the degree of culpability, any history of prior offenses, ability 
to pay, and such other matters as justice may require. 
(2) Any person against whom a civil penalty is assessed under 
paragraph (1) may obtain review thereof in the appropriate court 
of the United States by filing a complaint in sucn court within 
30 days from the date of such order and by simultaneously serving 
a copy of such complaint by certified mail on the Secretary of 
Commerce, the Attorney General, and the appropriate United States 
Attorney. The Secretary of Commerce shall promptly file in such 
court a certified copy of the record upon which such violation 
was found or such penalty imposed, as provided in section 2112 
of title 28, United States Code. The findings and order of the 
Secretary of Commerce shall be set aside by such court if they 
are not foimd to be supported by substantial evidence, as provided 
in section 706(2) of title 5, United States Code. 
(3) If any person fails to pay an assessment of a civil penalty 
after it has become a final and unappealable order, or after the 
appropriate court has entered final judgment in favor of the Sec-
retary of Commerce, the matter shall be referred to the Attorney 
Greneral, who shall recover the amount assessed in any appropriate 
district court of the United States. In such action, the validity 
and appropriateness of the final order imposing the civil penalty 
shall not be subject to review. 
(4) A fishing vessel (including its fishing gear, furniture, appur-
tenances, stores, and cargo) used in the commission of an act 
prohibited by section 810 shall be liable in rem for any civil penalty 
assessed for such violation under paragraph (1) and may oe pro-
ceeded against in any district court of the United States having 
jurisdiction thereof. Such penalty shall constitute a maritime lien 
on such vessel that may be recovered in an action in rem in 
the district court of the United States having jurisdiction over 
the vessel. 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4315 
(5) The Secretary of Commerce may compromise, modify, or 
remit, with or without conditions, any civil penalty that is subject 
to imposition or that has been imposed under this section. 
(6) For the purposes of conducting any hearing iinder this 
section, the Secretary of Commerce may issue subpoenas for the 
attendance and testimony of witnesses and the production of rel-
evant papers, books, and documents, and may administer oaths. 
Witnesses simimoned shall be paid the same fees and mileage 
that are paid to witnesses in the courts of the United States. 
In case oi contempt or refusal to obey a subpoena served upon 
any person pursuant to this paragraph, the district court of the 
United States for any district in which such person is found, resides, 
or transacts business, upon application by the United States and 
after notice to such person, snail have jurisdiction to issue an 
order requiring such person to appear and give testimony before 
the Secretary of Commerce or to appear and produce documents 
before the Secretary of Commerce, or both, and any failure to 
obey such order of the court may be punished by such court as 
a contempt thereof. 
(b) OFFENSES.—(1) A person is guilty of an offense if the person 
commits any act prohibited by section 810 (5), (6), (7), or (8). 
(2) Any offense described in paragraph (1) is a class A mis-
demeanor punishable by a fine under title 18, United States code, 
or imprisonment for not more than 6 months, or both; except 
that if in the commission of any ofTense the person uses a dangeroiis 
weapon, engages in conduct that causes bodily injury to any enforce-
ment officer, or places any such officer in fear of imminent bodily 
injury, the offense is a felony punishable by a fine under title 
18, United States Code, or imprisonment for not more than 10 
years, or both. 
(c) FORFEITURE.—(1) Any fishing vessel (including its fishing 
gear, furniture, appurtenances, stores, and cargo) used, and any 
nsh (or a fair market value thereoO taken or retained, in any 
manner, in connection with or as a result of the commission of 
any act prohibited by section 810 shall be subject to forfeiture 
to the United States. All or part of such vessel may, and all 
such fish shall, be forfeited to the United States pursuant to a 
civil proceeding under this section. 
(2) Any district court of the United States shall have jurisdic-
tion, upon application of the Attorney General on behalf of the 
United States, to order any forfeiture authorized xmder paragraph 
(1) and any action provided for under paragraph (4). 
(3) if a judgment is entered for the United States in a civil 
forfeiture proceeding under this section, the Attorney General may 
seize any property or other interest declared forfeited to the United 
States, which has not previously been seized pursuant to this title 
or for which security has not previously been obtained. The provi-
sions of the customs laws relating to— 
(A) the seizure, forfeiture, and condemnation of property 
for violation of the customs law; 
(B) the disposition of such property or the proceeds from 
the sale thereof; and 
(C) the remission or mitigation of any such forfeiture; 
shall apply to seizures and forfeitures incurred, or alleged to have 
been incurred, under the provisions of this title, imless such provi-
sions are inconsistent with the purposes, policy, and provisions 
of this title. 
106 STAT. 4316 
PUBLIC LAW 102-567—CKT. 29, 1992 
(4XA) Any officer authorized to serve any process in rem that 
is issued by a coiirt having jurisdiction under section 809(b) shall— 
(i) stay the execution of such process; or 
(ii) discharge any fish seized pursuant to such process; 
upon receipt of a satisfactory bond or other security from any 
person claiming such property. Such bond or other security shall 
be conditioned upon such person delivering such property to the 
appropriate court upon order thereof, without any impairment of 
its value, or paying the monetary value of such property pursuant 
to an order of such court. Judgment shall be recoverable on such 
bond or other security against both the principal and any sureties 
in the event that any condition thereof is breached, as determined 
by such court. 
(B) Any fish seized pursuant to this title may be sold, subject 
to the approval and direction of the appropriate court, for not 
less than the fair market value thereof. Tne proceeds of any such 
sale shall be deposited with such court pending the disposition 
of the matter involved. 
(5) For purposes of this section, it shall be a rebuttable 
presimiption that all fish found on board a fishing vessel and 
which IS seized in connection with an act prohibited by section 
810 were taken or retained in violation of the Convention and 
this title. 
16USC5011. 
SEC. 812. FUNDING REQUIREMENTS. 
(a) AUTHORIZATION.—^There are authorized to be appropriated 
from time to time such sums as may be necessary for canying 
out the piuposes and provisions of the Convention and this title, 
including— 
(1) necessary travel expenses of the United States Commis-
sioners or Alternate Commissioners; and 
(2) the United States' share of the joint expenses of the 
Commission. 
(b) RESEARCH.—Such funds as shall be made available to the 
Secretary of Commerce for research and related activities shall 
be expended to carry out the program of the Commission in accord-
ance with the recommendations of the United States Section and 
to carry out other research and observer programs pursuant to 
the Convention. 
16 use 5012. 
SEC. 813. DISPOSITION OF PROPERTY. 
The Secretary shall dispose of any United States property held 
by the International North Pacific Fisheries Commission on the 
date of its termination in a manner that would further the purposes 
of this title. 
SEC. 814. REPEAL OF THE NORTH PACIFIC FISHERIES ACT OF 1954. 
The Act of August 12, 1954 (16 U.S.C. 1021-1035) is repealed. 
TITLE IX—NEW ENGLAND GROUNDFISH 
SEC. 901. FISHERY ENFORCEMENT. 
Section 311 of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1861) is amended— 
(1) by redesignating subsection (f) as subsection (g); and 
(2) by inserting immediately after subsection (e) the follow-
ing new subsection: 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4317 
"(f) 
ENFORCEMENT OF NORTHEAST 
MULTISPECIES 
FISHERY 
MANAGEMENT PLAN.— 
"(1) ENFORCEMENT AGREEMENTS.—Beginning not later than 
October 1, 1993, the Secretary shall, if requested by the Grov-
emor of a State represented on the New England Fishery 
Management Council, enter into an agreement under subsection 
(a), with each of the States represented on such Council, that 
authorizes the marine law enforcement agency of such Stete 
to perform duties of the Secretory relating to enforcement of 
the Northeast Multispecies Fishery Management Plan. 
"(2) REIMBURSEMENT.—^An agreement with a Stete under 
this subsection shall provide, subject to the availability of appro-
priations, for reimbursement of the State for expenses incurred 
/ 
in detection and prosecution of violations of any fishery manage- 
/ 
ment plan approved by the Secretary. 
"(3) COAST GUARD ENFORCEMENT WORKING GROUP.— 
"(A) ESTABLISHMENT.—The Commander of the First 
Coast Guard District shall esteblish an informal fisheries 
enforcement working group to improve the overall compli-
ance with and effectiveness of the regulations issued under 
the Northeast Multispecies Fishery Management Plan. 
"(B) MEMBERSHIP.—^The working group shall consist 
/ 
of members selected by the Commander, and shall 
include— 
"(i) individuals who are representetives of various 
fishing porte located in the Stetes represented on the 
New England Fishery Management Council; 
"(ii) capteins of fishing vessels that operate in 
waters imder the jurisdiction of that Council; and 
"(iii) other individuals the Commander considers 
appropriate. 
"(C) NON-FEDERAL STATUS OF WORKING GROUP MEM-
BERS.—^An individual shall not receive any compensation 
for, and shall not be considered to be a Federal employee 
based on, membership in the working group. 
"(D) MEETINCTS.—^The working group shall meet, at 
the call of the Commander, at least 4 times each year. 
The meetings shall be held at various msgor fishing ports 
in Stetes represented on the New England Fishery Manage-
ment Council, as specified by the Commander. 
"(4) USE OF FINES AND PENALTIES.—Amounts available to 
the Secretory under this Act which are attributeble to fines 
and penalties imposed for violations of the Northeast 
Multispecies Fishery Management Plan shall be used by the 
Secretary pursuant to this section to enforce that Plan.". 
SEC. 902. FISHERIES REINVESTMENT PROGRAM. 
(a) PROGRAM.—^Title III of the Magnuson Fishery Conservation 
£md Management Act (16 U.S.C. 1851 et seq.) is amended by adding 
at the end the following: 
'^EC. 314. NORTHWEST ATLANTIC OCEAN FISHERIES REINVESTMENT 16 USC 1863. 
PROGRAM. 
"(a) PROGRAM.—<1) Not later than October 1, 1993, the Sec-
retory shall estobUsh a Northwest Atlantic Ocean Fisheries 
Reinvestment Program for the purposes of— 
106 STAT. 4318 
PUBLIC LAW 102-567—OCT. 29, 1992 
"(A) promoting development of commercial fisheries £Lnd 
markets for underutilized species of the northwest Atlantic 
Ocean; 
"(B) developing alternative fishing opportunities for partici-
pants in the New England groundfish fisnery; 
"(C) providing technical support and assistance to United 
States fishermen and fish processors to improve the value-
added processing of underutilized species and to make partici-
pation in fisheries for underutilized species of the northwest 
Atlantic Ocean economically viable; 
"(D) creating new economic opportunities through the 
improved processing and expanded use offish waste; and 
"(E) helping to restore overfished New England groundfish 
stocks through aquaculture or hatchery programs. 
"(2) CONSULTATION.—In establishing and implementing the 
Northwest Fisheries Reinvestment Program, the Secretary shall 
consult with representatives of the commercial fishing industry, 
the seafood processing industry, and the academic community 
(including the National Sea Grant Program). 
Contracts. 
"(3) ACTIVITIES UNDER PROGRAM.—Subiect to the availability 
Grants. 
of appropriations, the Secretary shall award contracts, grants and 
other financial assistance to United States citizens to carry out 
the purposes of subsection (1), under the terms and conditions 
provided in section 2(c) of the Act of August 11, 1939 (15 U.S.C. 
713c-3(c); commonly referred to as the "Saltonstall-Kennedy Act"), 
except that, in making awards under this section for projects involv-
ing participation in fisheries for imderutilized species, the Secretary 
shall give the highest priority to a person who owns or operates 
a fishing vessel permitted under this Act to participate in the 
New England groundfish fishery who agrees to surrender that 
permit to the Secretary during the duration of the contract, grant 
or other assistance. 
"(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated $5,000,000 for each of fiscal years 1993 through 
1997 to carry out the purposes of this section. For fiscal year 
1993 no more than $1,000,000, and for fiscal year 1994 no more 
than $2,000,000, of such funds may be provided from monies made 
available under section 2(b) of the Act of August 11, 1939 (15 
U.S.C. 713c-3(b)). 
"(b) ASSISTANCE OF OTHER AGENCIES.—The Secretary shall 
actively seek the assistance of other Federal agencies in the develop-
ment of fisheries for underutilized species of the northwest Atlantic 
Ocean, including, to the extent permitted by other applicable laws, 
assistance from the Secretary of Agriculture in including such 
underutilized species as agricultural commodities in the programs 
of the Foreign Agricultural Service for which amounts are author-
ized under the Food, Agriculture, Conservation, and Trade Act 
of 1990 (PubHc Law 101-624; 104 Stat. 3359). 
"(c) MANAGEMENT PLANS FOR UNDERUTILIZED SPECIES.—The 
New England Fishery Management Council, in consultation with 
other appropriate Councils, shall develop fishery management plans 
as soon as possible for any underutilized species of the northwest 
Atlantic Ocean that is not covered under such a plan, in order 
to prevent overfishing of that species. 
"(d) UNDERUTILIZED SPECIES DEFINED.—For purposes of this 
section, the term 'underutilized species of the northwest Atlantic 
Ocean' means any fish species of the northwest Atlantic Ocean 
PUBLIC LAW 102-567—OCT. 29, 1992 
106 STAT. 4319 
that is identified, by the Director of the Northeast Fisheries Center 
of the National Marine Fisheries Service, as an iinderutilized 
species.". 
(b) CONFORMING AMENDMENT.—The table of contents in the 
first section of the Magnuson Fishery Conservation and Manage-
ment Act is amended by inserting immediately after the item relat-
ing to section 313 the following new item: 
"Sec. 314. Northwest Atlantic Oceans Fisheries Reinvestment Program.". 
(c) AMENDMENTS TO THE SALTONSTALL-KENNEDY ACT.—Section 
2(bXlXA) of the Act of August 11, 1939 (15 U.S.C. 713c-3(bXlXA)); 
commonly referred to as the "Saltonstall-Kennedy Act"), is 
amended— 
(1) by striking "and" at the end of clause (i); and 
(2) by adding at the end the following new clause: 
(iii) to implement the Northwest Atlantic Ocean Fish-
eries Reinvestment Program established under section 314 
of the Magnuson Fishery Conservation and Management 
Act.". 
Approved October 29, 1992. 
LEGISLATIVE HISTORY—H.R. 2130 (S. 1405): 
HOUSE REPORTS: No. 102-133, Pt. 1 (Comm. on Merchant Marine and Fisheries) 
and Pt. 2 (Comm. on Ways and Means). 
S E N A T E REPORTS: No. 102-198 accompanying S. 1405 (Comm. on Commerce, 
Science and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 137 (1991): Nov. 20, considered and passed House. 
Vol. 138 (1992): Aug. 12, considered and passed Senate, amended, in lieu of 
S. 1405. 
Oct. 5, House concurred in Senate amendment with an 
amendment. 
Oct. 7, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Oct. 28, Presidential statement.