[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4008 Engrossed in House (EH)]

103d CONGRESS
  2d Session
                                H. R. 4008

_______________________________________________________________________

                                 AN ACT


 
 To authorize appropriations for the National Oceanic and Atmospheric 
 Administration for fiscal years 1995 and 1996, 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 1994''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act, the term--
            (1) ``Act of 1890'' means the Act entitled ``An Act to 
        increase the efficiency and reduce the expenses of the Signal 
        Corps of the Army, and to transfer the Weather Bureau to the 
        Department of Agriculture'', approved October 1, 1890 (26 Stat. 
        653);
            (2) ``Act of 1947'' means the Act entitled ``An Act to 
        define the functions and duties of the Coast and Geodetic 
        Survey, and for other purposes'', approved August 6, 1947 (33 
        U.S.C. 883a et seq.); and
            (3) ``Act of 1970'' means the Act entitled ``An Act to 
        clarify the status and benefits of commissioned officers of the 
        National Oceanic and Atmospheric Administration, and for other 
        purposes'', approved December 31, 1970 (33 U.S.C. 857-1 et 
        seq.).

                TITLE I--NOAA OCEAN AND COASTAL PROGRAMS

SEC. 101. NATIONAL OCEAN SERVICE.

    (a) Mapping and Charting.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce, to enable the National Oceanic and 
        Atmospheric Administration to carry out mapping and charting 
        activities under the Act of 1947 and any other law involving 
        those activities, $29,005,000 for fiscal year 1995 and 
        $30,049,000 for fiscal year 1996.
            (2) Automated nautical charting.--In addition to amounts 
        authorized under paragraph (1), there are authorized to be 
        appropriated to the Secretary of Commerce, to enable the 
        National Oceanic and Atmospheric Administration to develop and 
        implement an automated nautical charting system, $1,300,000 for 
        fiscal year 1995 and $1,347,000 for fiscal year 1996.
    (b) Geodesy.--There are authorized to be appropriated to the 
Secretary of Commerce, to enable the National Oceanic and Atmospheric 
Administration to carry out geodesy activities under the Act of 1947 
and any other law involving those activities, $19,332,000 for fiscal 
year 1995 and $20,028,000 for fiscal year 1996.
    (c) Observation and Prediction.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce, to enable the National Oceanic and 
        Atmospheric Administration to carry out observation and 
        prediction activities under the Act of 1947 and any other law 
        involving those activities, $12,429,000 for fiscal year 1995 
        and $12,876,000 for fiscal year 1996.
            (2) Circulatory survey program.--In addition to amounts 
        authorized under paragraph (1), there are authorized to be 
        appropriated to the Secretary of Commerce, to enable the 
        National Oceanic and Atmospheric Administration to carry out 
        the Circulatory Survey Program, $700,000 for fiscal year 1995 
        and $725,000 for fiscal year 1996.
            (3) Ocean and earth sciences.--In addition to amounts 
        authorized under paragraph (1), there are authorized to be 
        appropriated to the Secretary of Commerce, to enable the 
        National Oceanic and Atmospheric Administration to carry out 
        ocean and earth science activities, $4,442,000 for fiscal year 
        1995 and $4,602,000 for fiscal year 1996.
            (4) Center for ocean analysis and prediction.--In addition 
        to amounts authorized under paragraph (1), there are authorized 
        to be appropriated to the Secretary of Commerce, to enable the 
        National Oceanic and Atmospheric Administration to continue the 
        activities of the Center for Ocean Analysis and Prediction, 
        $400,000 for fiscal year 1995 and $414,000 for fiscal year 
        1996.
            (5) Observation buoys.--In addition to amounts authorized 
        under paragraph (1), there are authorized to be appropriated to 
        the Secretary of Commerce, to enable the National Oceanic and 
        Atmospheric Administration to operate and maintain observation 
        buoys in the Chesapeake Bay, $400,000 for fiscal year 1995 and 
        $414,000 for fiscal year 1996.
    (d) Estuarine and Coastal Assessment.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce, to enable the National Oceanic and 
        Atmospheric Administration to support estuarine and coastal 
        assessment activities under the Act of 1947 and any other law 
        involving those activities, $2,420,000 for fiscal year 1995 and 
        $2,507,000 for fiscal year 1996.
            (2) Ocean assessment.--In addition to amounts authorized 
        under paragraph (1), there are authorized to be appropriated to 
        the Secretary of Commerce, to enable the National Oceanic and 
        Atmospheric Administration to carry out the National Status and 
        Trends Program, the Strategic Environmental Assessment Program, 
        and the Hazardous Materials Response Program, $18,945,000 for 
        fiscal year 1995 and $19,627,000 for fiscal year 1996.
            (3) Damage assessment program.--In addition to amounts 
        authorized under paragraph (1), there are authorized to be 
        appropriated to the Secretary of Commerce, to enable the 
        National Oceanic and Atmospheric Administration to carry out 
        the Damage Assessment Program, $1,500,000 for fiscal year 1995 
        and $1,554,000 for fiscal year 1996.
            (4) Coastal ocean program.--In addition to amounts 
        authorized under paragraph (1), there are authorized to be 
        appropriated to the Secretary of Commerce, to enable the 
        National Oceanic and Atmospheric Administration to carry out 
        the Coastal Ocean Program, $11,433,000 for fiscal year 1995 and 
        $11,845,000 for fiscal year 1996. Of the amounts authorized 
        under this paragraph for fiscal years 1995 and 1996, a total of 
        $120,000 is available until expended to study the use of 
        oceanographic data obtained from satellite imagery and other 
        sources to determine and predict the presence of endangered sea 
        turtles in the Gulf of Mexico.
    (e) Ocean Management.--There are authorized to be appropriated to 
the Secretary of Commerce, to enable the National Oceanic and 
Atmospheric Administration to carry out deep ocean mineral and ocean 
energy activities, $500,000 for each of fiscal years 1995 and 1996.

SEC. 102. OCEAN AND GREAT LAKES RESEARCH.

    (a) Marine Prediction Research.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce, to enable the National Oceanic and 
        Atmospheric Administration to carry out marine prediction 
        research activities under the Act of 1947, the Act of 1890, and 
        any other law involving those activities, $10,000,000 for 
        fiscal year 1995 and $10,360,000 for fiscal year 1996.
            (2) Great lakes environmental research laboratory.--
                    (A) In general.--There are authorized to be 
                appropriated to the Secretary of Commerce, for the 
                operation and maintenance of the Great Lakes 
                Environmental Research Laboratory, $4,558,000 for 
                fiscal year 1995 and $4,722,000 for fiscal year 1996.
                    (B) Great lakes nearshore research.--There are 
                authorized to be appropriated to the Secretary of 
                Commerce, to enable the National Oceanic and 
                Atmospheric Administration to carry out nearshore 
                research activities of the Great Lakes Environmental 
                Research Laboratory, $500,000 for each of fiscal years 
                1995 and 1996.
                    (C) Zebra mussel research.--In addition to amounts 
                authorized under subparagraph (A), there are authorized 
                to be appropriated to the Secretary of Commerce, to 
                enable the National Oceanic and Atmospheric 
                Administration to carry out zebra mussel research 
                activities of the Great Lakes Environmental Research 
                Laboratory under the Nonindigenous Aquatic Nuisance 
                Prevention and Control Act of 1990 (16 U.S.C. 4701 et 
                seq.), $911,000 for fiscal year 1995 and $1,125,000 for 
                fiscal year 1996.
            (3) Southeast florida and caribbean recruitment program.--
        In addition to amounts authorized under paragraph (1), there 
        are authorized to be appropriated to the Secretary of Commerce 
        a total of $2,000,000 for fiscal years 1995 and 1996 to enable 
        the National Oceanic and Atmospheric Administration to carry 
        out, through the Cooperative Institute for Marine and 
        Atmospheric Studies, collaborative investigations to examine 
        the physical and biological processes which--
                    (A) occur in tropical marine environments in 
                coastal waters of the United States, Florida, and the 
                Caribbean; and
                    (B) impact variability and development of fisheries 
                resources.
    (b) Climate and Global Change Research.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce, to enable the National Oceanic and 
        Atmospheric Administration to carry out climate and global 
        change research activities, $71,000,000 for fiscal year 1995 
        and $84,012,000 for fiscal year 1996. Of sums appropriated 
        under this subsection, sufficient funds should be made 
        available by the Secretary of Commerce to initiate and support 
        research on the effects of climate and global change on the 
        Nation's major freshwater systems, including the Great Lakes 
        and the Mississippi River.
            (2) Environmental observations.--In addition to the amounts 
        authorized to be appropriated under paragraph (1), there is 
        authorized to be appropriated to the Secretary of Commerce 
        $7,000,000 for each of fiscal years 1995 and 1996 for a program 
        to increase scientific understanding of the earth by using a 
        network of schools to collect environmental observations. 
        Beginning in fiscal year 1996, amounts appropriated for such 
        program may be obligated only to the extent that an equal or 
        greater amount of non-Federal funding is provided for such 
        program.
            (3) Implementation of landsat agreement.--Section 103 of 
        the Land Remote Sensing Policy Act of 1992 is amended by adding 
        at the end the following new subsection:
    ``(c) Implementation of Agreement.--If negotiations under 
subsection (a) result in an agreement that the Landsat Program 
Management determines generally achieves the goals stated in subsection 
(a) (1) through (8), the Landsat Program Management shall award an 
extension, until the practical demise of Landsat 4 or Landsat 5, 
whichever occurs later, of the existing contract with the Landsat 6 
contractor incorporating the terms of such agreement.''.

                 TITLE II--NOAA MARINE FISHERY PROGRAMS

SEC. 201. 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--
                    (A) striking ``1992 and'' and inserting ``1992,''; 
                and
                    (B) inserting after ``1993'' the following: ``, 
                $51,092,000 for fiscal year 1995, and $52,931,000 for 
                fiscal year 1996'';
            (2) in section 3(a) by--
                    (A) striking ``1992 and'' and inserting ``1992,''; 
                and
                    (B) inserting after ``1993'' the following: ``, 
                $14,198,000 for fiscal year 1995, and $14,709,000 for 
                fiscal year 1996''; and
            (3) in section 4(a) by--
                    (A) striking ``1992 and'' and inserting ``1992,''; 
                and
                    (B) inserting after ``1993'' the following: ``, 
                $17,089,000 for fiscal year 1995, and $17,704,000 for 
                fiscal year 1996''.

SEC. 202. AMENDMENTS TO THE MERCHANT MARINE ACT, 1936.

    Section 1104A(b)(2) of the Merchant Marine Act, 1936 (46 App. 
U.S.C. 1274(b)(2)), is amended in the third proviso by striking ``, 
except that no debt may be placed under this proviso through the 
Federal Financing Bank''.

SEC. 203. SCALLOP RESTORATION PROGRAM.

    There are authorized to be appropriated to the Secretary of 
Commerce $200,000 for each of fiscal years 1995 and 1996, for the 
establishment and maintenance of a scallop restoration program for Long 
Island Sound.

SEC. 204. SALTONSTALL-KENNEDY PROGRAM AMENDMENTS.

    (a) In General.--Section 2 of the Act of August 11, 1939 (15 U.S.C. 
713c-3), popularly known as the ``Saltonstall-Kennedy Act'', is 
amended--
            (1) by striking ``Sec. 2.'' the second place it appears;
            (2) in subsection (b)(1) by--
                    (A) striking subparagraph (B);
                    (B) striking ``only for--'' and all that follows 
                through ``the Secretary--'' and inserting ``only for 
                use by the Secretary--'';
                    (C) redesignating clauses (i), (ii), and (iii) in 
                order as subparagraphs (A), (B), and (C); and
                    (D) moving subparagraphs (A), (B), and (C), as 
                redesignated by subparagraph (C) of this paragraph, 2 
                ems to the left so that the left margin of those 
                subparagraphs is aligned with the left margin of 
                section 2(a)(5) of that Act (15 U.S.C. 713c-3(a)(5)); 
                and
            (3) by striking the designation and heading for subsection 
        (c) and all that follows through paragraph (4) of that 
        subsection, and inserting the following:
    ``(c) Fisheries Research and Development Projects.--
            ``(1) In general.--The Secretary shall make grants from the 
        fund established under subsection (b) for the purpose of 
        assisting persons in carrying out research and development 
        projects to promote the sustainable use and development of 
        United States fisheries, including harvesting, processing, 
        aquaculture, marketing, and associated infrastructures.
            ``(2) Secretary's duties.--The Secretary shall each fiscal 
        year--
                    ``(A) receive at least once, during a 60-day period 
                specified by the Secretary, applications for grants 
                under this subsection pursuant to a Request for 
                Proposals published in the Federal Register;
                    ``(B) prescribe in that Request for Proposals the 
                form and manner in which applications for grants under 
                this subsection must be made, including the 
                specification of the information which must accompany 
                applications to ensure that the proposed projects 
                comply with Federal law and can be properly evaluated 
                under paragraph (3);
                    ``(C) include in that Request for Proposals a list 
                of priorities for grants under this subsection that is 
                based on the priorities recommended for the fiscal year 
                under paragraph (3)(F); and
                    ``(D) approve or disapprove each such application--
                            ``(i) based primarily on the 
                        recommendations of the grants review panel 
                        established under paragraph (3) for the fiscal 
                        year; and
                            ``(ii) before the end of the 90-day period 
                        beginning on the day after the last day of the 
                        application period specified in the Request for 
                        Proposals under subparagraph (A); and
                    ``(E) to the extent amounts are available, obligate 
                funds for grants for approved applications before the 
                end of the fiscal year for which the funds are 
                available, except that up to 10 percent of funds 
                available for a fiscal year may be obligated in the 
                next fiscal year.
            ``(3) Evaluation and approval of proposals.--
                    ``(A) Suitability for evaluation.--For each 
                application received under paragraph (2) in a fiscal 
                year, the Secretary shall--
                            ``(i) make a determination whether the 
                        project proposed in the application meets the 
                        requirements of this subsection and is 
                        consistent with the priorities recommended for 
                        the fiscal year under subparagraph (F); and
                            ``(ii) if so, forward the proposal to the 
                        grants review panel established for the fiscal 
                        year under subparagraph (B).
                    ``(B) Grants review panel.--Each fiscal year, the 
                Secretary shall establish a grants review panel that 
                consists of individuals with expertise in fisheries 
                research, development, or management, that represents a 
                balance among those disciplines, that is balanced in 
                the representation of those disciplines, and that is 
                balanced in the representation of the geographic 
                regions of the United States. Each grants review panel 
                shall review each proposal forwarded by the Secretary 
                under subparagraph (A)(ii) and make recommendations to 
                the Secretary for awarding grants under this subsection 
                among those proposals for the fiscal year, subject to 
                the criteria described in subparagraph (C) and 
                consistent with the funding available for the fiscal 
                year.
                    ``(C) Criteria for evaluation of proposals.--Each 
                grants review panel shall evaluate each proposal as 
                to--
                            ``(i) the value of the proposal in 
                        promoting the purpose described in paragraph 
                        (1) in general and in fulfilling the applicable 
                        regional priorities recommended under 
                        subparagraph (F);
                            ``(ii) the soundness of its design 
                        (including the likelihood of securing useful 
                        results, and the organization and management of 
                        the proposal);
                            ``(iii) the minimization of duplication 
                        within fisheries research and development 
                        activities; and
                            ``(iv) based on the criteria in clauses 
                        (i), (ii) and (iii), the overall quality and 
                        rank of the proposal relative to the other 
                        proposals under review.
                    ``(D) Industrial partners.--In evaluating and 
                ranking proposals under this subsection that are of 
                equivalent overall quality and rank based on the 
                criteria set forth in subparagraph (C), a grants review 
                panel and the Secretary shall give preference to 
                proposals in which at least 1 of the persons that would 
                be a principal grantee under the proposal receives a 
                substantial portion of income from seafood harvesting, 
                processing, marketing, or propagation.
                    ``(E) Notice of decision by the secretary.--If the 
                Secretary approves or disapproves an application for a 
                proposal contrary to the recommendations of a grants 
                review panel, the Secretary shall notify the panel, the 
                Committee on Merchant Marine and Fisheries of the House 
                of Representatives and the Committee on Commerce, 
                Science, and Transportation of the Senate in writing of 
                that decision, including the reasons for that decision.
                    ``(F) Recommendations for future funding 
                priorities.--Each grants review panel shall, after 
                evaluating proposals and making grants recommendations, 
                and after consulting with interested parties, recommend 
                to the Secretary for the next fiscal year national and 
                regional priorities for grants under this subsection.
            ``(4) Terms and conditions.--Each grant made under this 
        subsection shall be subject to such terms and conditions as the 
        Secretary may require to protect the interests of the United 
        States, including the following:
                    ``(A) Records.--The recipient of the grant--
                            ``(i) must keep such records as the 
                        Secretary shall require as being necessary and 
                        appropriate for disclosing the use made of 
                        grant funds; and
                            ``(ii) shall allow the Secretary and the 
                        Comptroller General of the United States, or 
                        any of their authorized representatives, access 
                        to such records for purposes of audit and 
                        examination.
                    ``(B) Amount of grant.--The amount of a grant may 
                not be less than 50 percent of the estimated cost of 
                the project.
                    ``(C) Period of grant.--A grant may not provide 
                funding for more than 2 years from the date of the 
                release of the funds to the grantee.
                    ``(D) Status report.--The recipient of a grant 
                shall submit annually to the Secretary a project status 
                report. The Secretary may not release funds to the 
                recipient for any subsequent period of funding for that 
                grant or for any other grant to that recipient made by 
                the Secretary under this subsection until the Secretary 
                receives that report.''.
    (b) Application.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section apply to fiscal years beginning 
        after the date of the enactment of this Act.
            (2) List of regional priorities.--Notwithstanding section 
        2(c)(2)(C) of the Act of August 11, 1939, as amended by 
        subsection (a)(2) of this section, the list of priorities 
        referred to in that section for the first fiscal year beginning 
        after the date of the enactment of this Act is not required to 
        be based on priorities recommended under paragraph (3)(F) of 
        that section.

              TITLE III--ADMINISTRATION AND OTHER ACCOUNTS

SEC. 301. PROGRAM SUPPORT.

    (a) Executive Direction and Administrative Activities.--There are 
authorized to be appropriated to the Secretary of Commerce, to enable 
the National Oceanic and Atmospheric Administration to carry out 
executive direction and administrative activities under the Act of 1970 
and any other law involving those activities, $25,000,000 for fiscal 
year 1995 and $25,900,000 for fiscal year 1996.
    (b) Systems Acquisition Office.--There are authorized to be 
appropriated to the Secretary of Commerce, to enable the National 
Oceanic and Atmospheric Administration to operate and maintain the 
Systems Acquisition Office under the Act of 1970, $1,100,000 for fiscal 
year 1995 and $1,140,000 for fiscal year 1996.
    (c) Central Administrative Support.--There are authorized to be 
appropriated to the Secretary of Commerce, to enable the National 
Oceanic and Atmospheric Administration to carry out central 
administrative support activities under the Act of 1970 and any other 
law involving those activities, $38,000,000 for fiscal year 1995 and 
$39,368,000 for fiscal year 1996.
    (d) Retired Pay.--There are authorized to be appropriated to the 
Secretary of Commerce, for retired pay for retired commissioned 
officers of the National Oceanic and Atmospheric Administration under 
the Act of 1970, $7,706,000 for fiscal year 1995 and $7,983,000 for 
fiscal year 1996.
    (e) Marine Services.--There are authorized to be appropriated to 
the Secretary of Commerce, to enable the National Oceanic and 
Atmospheric Administration to carry out marine services activities 
(including ship operations, maintenance, and support) under the Act of 
1947 and any other law involving those activities, $63,508,000 for 
fiscal year 1995 and $65,794,000 for fiscal year 1996.

                 TITLE IV--MISCELLANEOUS NOAA PROGRAMS

SEC. 401. NAUTICAL PRODUCTS.

    (a) Deposit and Use of Receipts from Nautical Products.--
Notwithstanding section 1307(b) of title 44, United States Code, one-
sixth of the fees collected each fiscal year from the sale of nautical 
products by the National Oceanic and Atmospheric Administration and 
from any licensing of those products by the National Oceanic and 
Atmospheric Administration which is authorized by law--
            (1) shall be deposited into the Operations, Research, and 
        Facilities account of the National Oceanic and Atmospheric 
        Administration; and
            (2) shall be available to the Secretary of Commerce, in the 
        manner provided for under section 312(d) of the National Marine 
        Sanctuaries Act, only for the acquisition and installation of 
        Physical Ocean Real-Time Systems, the acquisition and 
        maintenance of upgraded hydrographic survey equipment, and 
        other National Ocean Service activities directly related to the 
        modernization and improvement of maritime safety.
    (b) Budgetary Treatment of Receipts from Nautical Products.--
Amounts deposited and available to the Secretary of Commerce under 
subsection (a)(1) and (2)--
            (1) shall not be considered to be offsetting receipts of 
        the National Oceanic and Atmospheric Administration or the 
        Department of Commerce; and
            (2) shall not be available for administrative costs of the 
        National Oceanic and Atmospheric Administration or the 
        Department of Commerce.
    (c) Deployment of Physical Ocean Real Time System.--No later than 
270 days after the date of enactment of this Act, the Secretary of 
Commerce shall deploy, in Galveston Bay and the Houston Ship Channel a 
Physical Ocean Real Time System consisting, at a minimum, of current, 
wind, tide, salinity, and water level measuring devices and necessary 
computer links.

SEC. 402. USE OF OCEAN RESEARCH RESOURCES OF OTHER FEDERAL AGENCIES.

    (a) Findings.--The Congress finds the following:
            (1) Changes in the defense needs of the United States have 
        redefined the status of many defense- related assets.
            (2) Observing, monitoring, and predicting the ocean 
        environment has been a high priority for the defense community 
        to support ocean operations.
            (3) Many advances in ocean research have been made by the 
        defense community which could be shared with civilian 
        researchers.
            (4) The National Oceanic and Atmospheric Administration's 
        missions to describe and predict the ocean environment, manage 
        the Nation's ocean and coastal resources, and promote 
        stewardship of the world's oceans would benefit from increased 
        cooperation with defense agencies.
    (b) Sense of Congress.--It is the sense of the Congress that the 
National Oceanic and Atmospheric Administration should expand its 
efforts to develop interagency agreements to further the use of 
defense-related technologies, data, and other resources to support its 
oceanic missions.
    (c) Report.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Secretary of Commerce shall 
        submit to the Committee on Merchant Marine and Fisheries of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report on the 
        feasibility of expanding the use of defense-related 
        technologies, data, and other resources to support and enhance 
        the oceanic missions of the National Oceanic and Atmospheric 
        Administration.
            (2) Contents.--The report required under paragraph (1) 
        shall include--
                    (A) a detailed listing of defense-related resources 
                currently available to the National Oceanic and 
                Atmospheric Administration and the National Oceanic and 
                Atmospheric Administration missions which utilize those 
                resources;
                    (B) detailed findings and recommendations, 
                including funding requirements, on the potential for 
                expanding the use of available defense-related 
                resources;
                    (C) a detailed listing and funding history of the 
                National Oceanic and Atmospheric Administration 
                resources, including data and technology, which could 
                be supplemented by defense-related resources;
                    (D) a listing of currently unavailable defense-
                related resources, including data and technology, which 
                if made available would enhance the National Oceanic 
                and Atmospheric Administration mission performance;
                    (E) recommendations on the regulatory and 
                legislative structures needed to maximize the use of 
                defense-related resources;
                    (F) an assessment of the respective roles in the 
                use of defense-related resources of the Corps, data 
                centers, operational centers, and research facilities 
                of the National Oceanic and Atmospheric Administration; 
                and
                    (G) recommendations on how to provide access to 
                relevant defense-related data for non-Federal 
                scientific users.

SEC. 403. NAUTICAL CHARTING MODERNIZATION AND IMPROVEMENT.

    (a) Study.--Not later than 270 days after the date of the enactment 
of this Act, the Secretary of Commerce shall submit to the Committee on 
Merchant Marine and Fisheries of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report on the status of National Oceanic and Atmospheric Administration 
programs related to marine navigation safety.
    (b) Contents.--The study under subsection (a) shall include the 
funding history of navigation-related programs of the National Oceanic 
and Atmospheric Administration, adjusted for inflation, over at least 
the last 10 fiscal years, and detailed findings and recommendations on 
the following:
            (1) The missions and objectives of National Oceanic and 
        Atmospheric Administration's navigation-related programs, 
        including regarding the statutory or other authorities that 
        enable or require the National Oceanic and Atmospheric 
        Administration to conduct those programs.
            (2) The technological, financial, or other factors that 
        limit the National Oceanic and Atmospheric Administration's 
        ability to modernize its navigation-related programs.
            (3) Near-term actions, without regard to financial 
        constraints, that are required to enable National Oceanic and 
        Atmospheric Administration to address critical deficiencies in 
        its navigation-related programs.
            (4) Actions that need to be taken to allow the National 
        Oceanic and Atmospheric Administration to fulfill its 
        navigation-related responsibilities into the 21st century.
            (5) A comparison of the resources and activities of 
        National Oceanic and Atmospheric Administration's navigation-
        related programs with those of other Federal agencies 
        supporting the United States maritime infrastructure.
            (6) Past organizational changes within the National Oceanic 
        and Atmospheric Administration and foreseeable future 
        organizational changes that have affected, or would affect, the 
        ability of the National Oceanic and Atmospheric Administration 
        to provide navigation-related services.

SEC. 404. WEST COAST GROUNDFISH LABORATORY.

    (a) Site Selection Factors.--In selecting a site for placement of a 
replacement for the National Marine Fisheries Service Lab at Tiburon, 
California, the Secretary of Commerce shall take into account the 
following factors:
            (1) The proximity of sites considered to--
                    (A) groundfish fisheries, salmon fisheries, and 
                other unique marine study areas;
                    (B) academic and private research institutions 
                which conduct relevant marine habitat and environmental 
                research;
                    (C) other National Oceanic and Atmospheric 
                Administration research and management elements; and
                    (D) other Federal, State, and private marine 
                related research facilities.
            (2) The ability of the National Oceanic and Atmospheric 
        Administration to retain current staff.
            (3) The relative construction and operation costs, 
        including the potential for collocation with other Federal 
        facilities.
    (b) Authorization for Architecture and Engineering Studies.--In 
addition to amounts otherwise authorized by this Act, there are 
authorized to be appropriated to the Secretary of Commerce, for 
architecture and engineering studies regarding the replacement for the 
National Marine Fisheries Service Lab at Tiburon, California, 
$1,500,000 for fiscal year 1995.

SEC. 405. MARINE SANCTUARIES FACILITIES.

    Not later than 120 days after the date of the enactment of this 
Act, the Secretary of Commerce shall report to the Committee on 
Merchant Marine and Fisheries of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate on 
needs of the Department of Commerce for facilities (including real 
property for facilities) for the National Marine Sanctuary Program 
established under the National Marine Sanctuaries Act (16 U.S.C. 1431 
et seq.).

SEC. 406. SAN FRANCISCO BAY PORT SYSTEM.

    (a) In General.--The Secretary of Commerce (hereinafter in this 
section referred to as the ``Secretary'') shall establish for San 
Francisco Bay in accordance with this section the safe navigation 
system known as the Physical Ocean Real Time System (known, and 
hereinafter in this section referred to, as the ``PORT System''), after 
completion of implementation of section 401(c).
    (b) Study.--After completion of implementation of section 401(c), 
and not later than 1 year after the date of that completion, the 
Secretary shall conduct a hydrodynamics modeling study of San Francisco 
Bay to determine the appropriate technology and equipment and the 
effective placement of instruments for the establishment of the PORT 
System for San Francisco Bay.
    (c) Implementation.--
            (1) In general.--Not later than 1 year after the completion 
        of the study under subsection (b), the Secretary, in 
        consultation with the State of California Office of Oil Spill 
        Prevention and Response and subject to paragraph (2), shall 
        acquire, install, and activate appropriate equipment to 
        establish an operational PORT System for the San Francisco Bay.
            (2) Condition.--The Secretary may not take any action under 
        paragraph (1) unless the State of California Office has 
        provided to the Secretary adequate assurances that the State 
        will fund the operation and maintenance of the PORT System for 
        San Francisco Bay after its installation.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $4,200,000 for 
fiscal years 1995 and 1996.

SEC. 407. CONVEYANCE OF NATIONAL MARINE FISHERIES SERVICE LABORATORY AT 
              GLOUCESTER, MASSACHUSETTS.

    (a) Conveyance Required.--
            (1) In general.--The Secretary of Commerce shall convey to 
        the Commonwealth of Massachusetts, all right, title, and 
        interest of the United States in and to the property comprising 
        the National Marine Fisheries Service laboratory located on 
        Emerson Avenue in Gloucester, Massachusetts.
            (2) Terms.--A conveyance of property under paragraph (1) 
        shall be made--
                    (A) without payment of consideration; and
                    (B) subject to the terms and conditions specified 
                under subsections (b) and (c).
    (b) Conditions for Transfer.--
            (1) In general.--As a condition of any conveyance of 
        property under this section, the Commonwealth of Massachusetts 
        shall assume full responsibility for maintenance of the 
        property for as long as the Commonwealth retains the right and 
        title to that property.
            (2) Continued use of property by nmfs.--The Secretary may 
        enter into a memorandum of understanding with the Commonwealth 
        of Massachusetts under which the National Marine Fisheries 
        Service is authorized to occupy existing laboratory space on 
        the property conveyed under this section, if--
                    (A) the term of the memorandum of understanding is 
                for a period of not longer than 5 years beginning on 
                the date of enactment of this Act; and
                    (B) the square footage of the space to be occupied 
                by the National Marine Fisheries Service does not 
                conflict with the needs of, and is agreeable to, the 
                Commonwealth of Massachusetts.
    (c) Reversionary Interest.--All right, title, and interest in and 
to all property conveyed under this section shall revert to the United 
States on the date on which the Commonwealth of Massachusetts uses any 
of the property for any purpose other than the Commonwealth of 
Massachusetts Division of Marine Fisheries resource management program.

SEC. 408. REIMBURSEMENT OF EXPENSES.

    (a) In General.--Notwithstanding section 3302 (b) and (c) of title 
31, United States Code, and subject to subsection (b) of this section, 
all amounts received by the United States in settlement of, or judgment 
for, damage claims arising from the October 9, 1992, allision of the 
vessel ZACHERY into the National Oceanic and Atmospheric Administration 
research vessel DISCOVERER--
            (1) shall be retained as an offsetting collection in the 
        Fleet Modernization, Shipbuilding, and Conversion account of 
        the National Oceanic and Atmospheric Administration;
            (2) shall be deposited in that account upon receipt by the 
        United States Government; and
            (3) shall be available only for obligation for National 
        Oceanic and Atmospheric Administration vessel repairs.
    (b) Limitation.--Not more than $518,757.09 of the amounts referred 
to in subsection (a) may be deposited into the Fleet Modernization, 
Shipbuilding, and Conversion account pursuant to subsection (a).

SEC. 409. NOAA FLEET MODERNIZATION.

    (a) Authority To Contract.--
            (1) In general.--The Secretary may enter into only the 
        following contracts in fiscal years 1995 and 1996 to implement 
        the Plan:
                    (A) Repairs to extend the service life of the R/V 
                DISCOVERER.
                    (B) Construction of a medium endurance 
                oceanographic research vessel.
                    (C) A service life extension of the R/V DELAWARE 
                II.
                    (D) Conversion of a T-AGOS vessel for oceanographic 
                research.
                    (E) Construction of a coastal/low endurance vessel 
                for living marine research.
                    (F) Leasing to fulfill any NOAA mission 
                requirements.
                    (G) Necessary repairs to and maintenance of any 
                vessel in the NOAA fleet, subject to subsection (b).
                    (H) Necessary requirements, designs, and 
                specifications for future vessel repair, conversion, 
                construction, or lease.
            (2) Contract defined.--Section 602 of the NOAA Fleet 
        Modernization Act (33 U.S.C. 891) is amended by adding at the 
        end the following:
            ``(6) `contract' means any contract or other agreement for 
        the construction, conversion, lease, chartering, service life 
        extension, or repair or maintenance of any vessel of the NOAA 
        fleet, and provision of related equipment, including the 
        development of any necessary requirement, design, or 
        specification. The term includes contracts entered into on 
        behalf of the Secretary by another Federal department, agency, 
        or instrumentality, if the vessel which is the subject of the 
        contract will be operated by or for the benefit of the 
        Department of Commerce.''.
    (b) Limitation on Expenditures for Repairs and Maintenance.--
Notwithstanding any other law, of the total amount appropriated for 
fiscal years 1991 through 1996 to the Fleet Modernization, 
Shipbuilding, and Conversion account of the National Oceanic and 
Atmospheric Administration, not more than 20 percent may be expended by 
the Secretary for repairs and maintenance of vessels in the NOAA fleet.
    (c) Leasing and Contracts.--
            (1) In general.--The Secretary shall for each of fiscal 
        years 1995 and 1996, enter into contracts or service contracts 
        under the NOAA Fleet Modernization Act (33 U.S.C. 891 et seq.) 
        to use University-National Oceanographic Laboratory System or 
        non-Federal vessels.
            (2) Amount subject to obligation.--Amounts subject to 
        obligation under paragraph (1) shall be, for each fiscal year, 
        the greater of $6,000,000 or 10 percent of the amounts 
        appropriated to the Fleet Modernization, Shipbuilding, and 
        Conversion account for fiscal years 1995 and 1996.
    (d) Definitions.--In this section each of the terms ``contract'', 
``NOAA'', ``NOAA fleet'', ``Plan'', and ``Secretary'' has the meaning 
given to that term in section 602 of the NOAA Fleet Modernization Act 
(33 U.S.C. 891), as amended by this section.

SEC. 410. STUDY OF NOAA CORPS.

    (a) Study.--The Secretary of Commerce shall, subject to the 
availability of appropriations, contract with the Marine Board of the 
National Research Council to examine and report to the Secretary on the 
appropriate role of the National Oceanic and Atmospheric Administration 
Corps in supporting NOAA missions. In particular, the Marine Board 
shall--
            (1) examine whether there is a continued need for a 
        uniformed service to operate the NOAA fleet, fly weather 
        observations, conduct hydrographic surveys, manage national 
        marine sanctuaries, conduct NOAA research, and participate in 
        other NOAA activities;
            (2) examine the role of the NOAA Corps in modernizing the 
        NOAA fleet and the involvement of the NOAA Corps in obtaining 
        efficient, effective, low-cost ship support of NOAA missions;
            (3) compare the full costs of utilizing the services of the 
        NOAA Corps compared to civilian employees in similar positions; 
        and
            (4) determine whether adequately trained civilian employees 
        are available to fill NOAA Corps positions.
    (b) Deadline.--No later than 1 year after the date of enactment of 
this Act, the Secretary of Commerce shall submit the report of the 
Marine Board under subsection (a) to the Committee on Merchant Marine 
and Fisheries of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate.
    (c) Definitions.--In this section, the definitions in section 
409(d) apply.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Commerce to carry out this section a 
total of $100,000 for fiscal years 1995 and 1996, to remain available 
until expended.

SEC. 411. REPORT ON RESEARCH AND EFFECTS OF CLIMATE AND GLOBAL CHANGE 
              ON FRESHWATER SYSTEMS.

    Within 60 days after the date of submission of the President's 
budget request for each of fiscal years 1996 and 1997, the Secretary of 
Commerce shall submit a report to the Committee on Merchant Marine and 
Fisheries of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate, on--
            (1) the amount of funds allocated and the activities 
        supported for research on the effects of climate and global 
        change on the Nation's major freshwater systems, including 
        international commitments;
            (2) the criteria used in determining those allocations and 
        in selecting those activities; and
            (3) specific proposed agency plans for implementing 
        research programs and activities to evaluate the effects of 
        climate and global change on the Nation's major freshwater 
        systems.

SEC. 412. PROMOTION AND COORDINATION OF NATIONAL ESTUARINE RESEARCH 
              RESERVES.

    The Secretary of Commerce shall take such action as is necessary 
and reasonable to promote and coordinate the use of National Estuarine 
Research Reserves for research, monitoring, and education purposes. 
Such action may include consulting with Federal agencies, States, local 
governments, regional agencies, interstate agencies, or other persons 
to promote use of one or more such reserves for research, monitoring, 
and education, including coordination with the National Marine 
Sanctuaries Program.

SEC. 413. STUDY ON EFFECTS OF DOLPHIN FEEDING.

    (a) Study.--The Secretary of Commerce shall conduct a study on the 
effects of feeding noncaptive dolphins in the Gulf of Mexico and 
Southern Atlantic Ocean. The study shall consider the potential impacts 
on the behavior or general health of wild populations of dolphins 
resulting from this feeding.
    (b) Use of the Study.--The Secretary of Commerce shall use the 
results of the study required under subsection (a) in determining 
whether and under what conditions feeding noncaptive dolphins may be 
authorized.
    (c) Report.--Within 1 year after the date of enactment of this Act, 
the Secretary shall submit to the Committee on Merchant Marine and 
Fisheries of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
results of the study.

SEC. 414. FLOWER GARDEN BANKS BOUNDARY MODIFICATION.

    (a) Modification.--Notwithstanding section 304 of the National 
Marine Sanctuaries Act (16 U.S.C. 1434), the boundaries of the Flower 
Garden Banks National Marine Sanctuary, as designated by Public Law 
102-251, are amended to include the area described in subsection (d), 
popularly known as Stetson Bank. This area shall be part of the Flower 
Garden Banks National Marine Sanctuary and shall be managed and 
regulated as though it had been designated by the Secretary of Commerce 
under the National Marine Sanctuaries Act.
    (b) Depiction of Sanctuary Boundaries.--The Secretary of Commerce 
shall--
            (1) prepare a chart depicting the boundaries of the Flower 
        Garden Banks National Marine Sanctuary, as modified by this 
        section; and
            (2) submit copies of this chart to the Committee on 
        Merchant Marine and Fisheries of the House of Representatives 
        and the Committee on Commerce, Science, and Transportation of 
        the Senate.
    (c) Application of Regulations.--Regulations issued by the 
Secretary of Commerce to implement the designation of the Flower Garden 
Banks National Marine Sanctuary shall apply to the area described in 
subsection (d), unless modified by the Secretary. This subsection shall 
take effect 45 days after the date of enactment of this Act.
    (d) Area Described.--
            (1) In general.--Except as provided in paragraph (2), the 
        area referred to in subsections (a), (b), and (c) is the area 
        that is--
                    (A) generally depicted on the Department of the 
                Interior, Minerals Management Service map titled 
                ``Western Gulf of Mexico, Lease Sale 143, September 
                1993, Biologically Sensitive Areas, Map 3 of 3, 
                Final'';
                    (B) labeled ``Stetson'' on the High Island Area 
                South Addition diagram on that map; and
                    (C) within the 52 meter isobath.
            (2) Minor boundary adjustments.--The Secretary of Commerce 
        may make minor adjustments to the boundaries of the area 
        described in paragraph (1) as necessary to protect the living 
        coral resources of Stetson Bank or to simplify administration 
        of the Flower Garden Banks National Marine Sanctuary.
    (e) Publication of Notice.--
            (1) In general.--The Secretary of Commerce shall, as soon 
        as practicable after the date of the enactment of this Act, 
        publish in the Federal Register a notice describing--
                    (A) the boundaries of the Flower Garden Banks 
                National Marine Sanctuary, as modified by this section, 
                and
                    (B) any modification of regulations applicable to 
                that Sanctuary that are necessary to implement that 
                modification of the boundaries of the Sanctuary.
            (2) Treatment as notice required under national marine 
        sanctuaries act.--A notice published under paragraph (1) shall 
        be considered to be the notice required to be published under 
        section 304(b)(1) of the National Marine Sanctuaries Act (16 
        U.S.C. 1434).

SEC. 415. AMENDMENTS RELATING TO NATIONAL COASTAL RESOURCES RESEARCH 
              AND DEVELOPMENT INSTITUTE.

    (a) Administration of Institute.--Section 201(a) of the Act 
entitled ``An Act to authorize appropriations to carry out the Marine 
Mammal Protection Act of 1972, for fiscal years 1985 through 1988, and 
for other purposes'' (16 U.S.C. 1463b(a)) is amended by striking ``by 
the Oregon State Marine Science Center'' and inserting ``by the Oregon 
State System of Higher Education''.
    (b) Functions of Institute.--Section 201(b) of such Act (16 U.S.C. 
1463b(b)) is amended to read as follows:
    ``(b) The Institute shall promote the economic growth and 
prosperity of the United States by transferring research and technology 
into applications to improve the economic, environmental, and social 
well-being of the Nation's coastal communities and the competitiveness 
of coastal businesses.''.
    (c) Membership of Board of Governors.--Section 201(c)(1) of such 
Act (16 U.S.C. 1463b(c)(1)) is amended to read as follows:
    ``(c)(1) The policies of the Institute shall be determined by a 
Board of Governors composed of--
            ``(A) 1 representative appointed by the Chancellor of the 
        Oregon State System of Higher Education; and
            ``(B) 1 representative of each of the following regions, 
        appointed jointly by Governors of the States comprising that 
        region:
                    ``(i) The Alaska region, consisting of Alaska.
                    ``(ii) The Northwest Pacific Coast region, 
                consisting of Oregon and Washington.
                    ``(iii) The Southwest Pacific Coast region, 
                consisting of California.
                    ``(iv) The Pacific Islands region, consisting of 
                Hawaii, American Samoa, and Guam.
                    ``(v) The Great Lakes region, consisting of 
                Pennsylvania, Ohio, Michigan, Indiana, Illinois, 
                Wisconsin, and Minnesota.
                    ``(vi) The Gulf Coast region, consisting of Texas, 
                Louisiana, Mississippi, and Alabama.
                    ``(vii) The South Atlantic and Caribbean region, 
                consisting of South Carolina, Georgia, Florida, Puerto 
                Rico, and the U.S. Virgin Islands.
                    ``(viii) The Mid-Atlantic region, consisting of 
                Delaware, Maryland, Virginia, and North Carolina.
                    ``(ix) The North Atlantic region, consisting of New 
                Jersey, New York, Connecticut, Rhode Island, 
                Massachusetts, New Hampshire, and Maine.''.
    (d) Advisory Council.--Section 201(d)(1) of such Act (16 U.S.C. 
1463b(d)(1)) is amended by inserting ``and leaders in coastal 
communities and businesses'' after ``community''.
    (e) Conforming Amendment.--Section 201(e) of such Act (16 U.S.C. 
1463b(e)) is amended by striking ``Oregon Board of Higher Education'' 
and inserting ``Oregon State System of Higher Education''.
    (f) Reports.--Section 201(g) of such Act (16 U.S.C. 1463b(g)) is 
amended to read as follows:
    ``(g) The Institute shall report to the Congress on its activities 
annually, and shall report to the Secretary of Commerce in a like 
manner biennially.''.

SEC. 416. SENSE OF CONGRESS REGARDING PROMOTION OF MINORITIES AND WOMEN 
              IN COASTAL AND OCEAN PROGRAMS.

    It is the sense of the Congress that the National Oceanic and 
Atmospheric Administration should develop and promote programs that 
reach out to and recruit minorities and women for education in the 
sciences and take actions to increase the direct involvement of 
underrepresented minorities in coastal and ocean resource stewardship 
programs carried out directly by the National Oceanic and Atmospheric 
Administration and in partnership with State and local governments, 
universities, and other entities. To this end, the National Oceanic and 
Atmospheric Administration should create minority internship programs 
to develop a pool of professionals in coastal and ocean science and 
management, and to make these programs an eligible use of grant and 
program funds distributed by the National Oceanic and Atmospheric 
Administration to States, universities, and other entities.

SEC. 417. CHESAPEAKE BAY.

    (a) Repeal.--If by December 1, 1994, the Secretary of Commerce 
fails to obligate all funds appropriated to the Secretary of Commerce 
by Public Law 103-121 for oyster disease research, section 307 of the 
National Oceanic and Atmospheric Administration Act of 1992 (15 U.S.C. 
1511d), requiring the establishment of a National Oceanic and 
Atmospheric Administration Chesapeake Bay Estuarine Resources Office, 
is repealed.
    (b) Assignment of Functions.--If section 307 of the National 
Oceanic and Atmospheric Administration Act of 1992 (15 U.S.C. 1511d) is 
repealed by subsection (a), the Secretary of Commerce shall 
immediately--
            (1) enter into a cooperative agreement with the directors 
        of the Maryland and Virginia Sea Grant colleges to administer 
        all funds appropriated to the Secretary of Commerce under any 
        law for oyster disease research and Chesapeake Bay studies; and
            (2) transfer the functions of the former National Oceanic 
        and Atmospheric Administration Chesapeake Bay Estuarine 
        Resources Office to the Director of the Coastal Ocean Program.
The Director may delegate any of the functions transferred under 
paragraph (2) to the directors of the Maryland and Virginia Sea Grant 
colleges under the cooperative agreement required under paragraph (1).
    (c) Repeal and Authorization of Appropriations.--
            (1) Repeal.--Section 2(e) of the National Oceanic and 
        Atmospheric Administration Marine Fisheries Program 
        Authorization Act (Public Law 98-210, 97 Stat. 1409) is 
        repealed.
            (2) Authorization.--There is authorized to be appropriated 
        to the Secretary of Commerce to implement section 307 of the 
        National Oceanic and Atmospheric Administration Act of 1992 (15 
        U.S.C. 1511d) and this section, $2,500,000 for each of fiscal 
        years 1995 and 1996, to remain available until expended.

SEC. 418. WEATHER REPORTING STATIONS FOR PRINCE WILLIAM SOUND.

    (a) Installation.--To provide more comprehensive weather 
information to ensure the safety of fishermen and tank vessels and to 
protect the resources of Prince William Sound from potential oil 
spills, the Secretary of Commerce may expend $340,000 to acquire, 
construct, and install weather reporting stations in Prince William 
Sound, Alaska, as follows:
            (1) In the vicinity of Seal Rocks, to acquire and install a 
        weather buoy capable of measuring and reporting wind speed and 
        direction, barometric pressure, wave height and period, and air 
        temperature.
            (2) On the existing tower at Bligh Reef, to acquire and 
        install a weather instrument capable of measuring and reporting 
        wind speed and direction.
            (3) At Potato Point, to relocate the existing anemometer to 
        a more exposed location in order to provide more accurate 
        information.
            (4) At the Hinchinbrook Lighthouse site, to acquire and 
        install an anemometer.
    (b) Maintenance.--The Secretary of Commerce may expend $160,000 in 
each of fiscal years 1995 and 1996 to maintain the equipment identified 
in subsection (a).

SEC. 419. PURCHASE OF REMOTELY SENSED SCIENCE DATA.

    (a) In General.--To the maximum extent possible, the Secretary of 
Commerce shall purchase from the private sector remotely sensed science 
data. Examples of such data include scientific data concerning the 
impact of oceans worldwide on global climate change and concerning the 
condition of the oceans.
    (b) Competitive Bidding.--(1) Contracts for the purchase of 
remotely sensed data under this section shall be awarded in a process 
of full, fair, and open competitive bidding.
    (2) Submission of cost data, either for the purposes of supporting 
the bid or fulfillment of the contract, shall not be required of 
bidders.
    (3) Conformance with military specifications (Milspec) or 
Department of Commerce specifications systems with respect to the 
design, construction, or operation of equipment used in obtaining 
remotely sensed data under contracts entered into under this section 
shall not be a requirement for a commercial provider bidding to provide 
such services.
    (4) Contracts under this section shall not provide for the Federal 
Government to obtain ownership of data not specifically sought by the 
Federal Government.

SEC. 420. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.

    (a) Sense of Congress.--It is the sense of Congress that, to the 
greatest extent practicable, all equipment and products purchased with 
funds made available in this Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.

SEC. 421. AUTHORIZATION FOR ENFORCEMENT ACTIVITIES IN MONTEREY BAY 
              NATIONAL MARINE SANCTUARY.

    Of amounts provided hereafter in appropriations Acts for the 
National Marine Sanctuaries Programs, up to $150,000 may be expended in 
each of fiscal years 1995 and 1996, on a 1-to-1 matching basis with 
non-federal funds, for operation and maintenance of an enforcement 
vessel for the Monterey Bay National Marine Sanctuary.

                   TITLE V--GREAT LAKES IMPROVEMENTS

SEC. 501. SHORT TITLE.

    This title may be cited as the ``National Oceanic and Atmospheric 
Administration Great Lakes Improvements Act''.

SEC. 502. GREAT LAKES OFFICE.

    (a) Establishment.--The Under Secretary may establish and maintain 
within the Administration a Great Lakes Office in the Washington, 
District of Columbia area.
    (b) Purpose.--The purpose of the Great Lakes Office shall be to 
promote and coordinate Administration research, monitoring, and 
assessment work in the Great Lakes region consistent with the goals of 
the Great Lakes Water Quality Agreement.
    (c) Director.--The Director of the Great Lakes Office shall be an 
individual with extensive knowledge and expertise in the Great Lakes 
ecosystem, and with appropriate administrative experience.

SEC. 503. GREAT LAKES REPORT.

    (a) Contents.--Subject to the availability of appropriations under 
section 505, the Under Secretary, in consultation with the Director of 
the Great Lakes Office if established, shall prepare and submit to 
Congress an annual Great Lakes Report in accordance with this section. 
The Report shall provide information relating to Great Lakes ecosystem 
research, monitoring, and assessment, including--
            (1) the individual activities, projects, or proposals 
        conducted by the Administration in the previous fiscal year, 
        including a summary of funds expended in support of these 
        activities, projects, or proposals;
            (2) the amount of funds received from the Administration by 
        each State or local government unit bordering the Great Lakes;
            (3) the amount of funds received by individuals or 
        institutions residing or located within a State bordering the 
        Great Lakes;
            (4) an inventory of Administration facilities and personnel 
        located in a State bordering the Great Lakes or in the Great 
        Lakes used to conduct or support Administration-funded 
        activities, projects, or proposals in the Great Lakes, 
        including vessels;
            (5) the proposed Administration activities, projects, and 
        proposals to benefit the Great Lakes ecosystem for the current 
        fiscal year, including requested funds; and
            (6) a proposal for increasing the presence of the 
        Administration in the Great Lakes, and improving the 
        coordination of research within the Administration and with 
        other entities, including the Government of Canada.
    (b) Deadline.--Subject to the availability of appropriations under 
section 505, the Under Secretary shall submit the Great Lakes Report to 
the Congress by October 1 of 1995, 1996, 1997, and 1998.

SEC. 504. DEFINITIONS.

    In this title--
            (1) the term ``Administration'' means the National Oceanic 
        and Atmospheric Administration;
            (2) the term ``Great Lakes'' means--
                    (A) Lake Erie, Lake Huron, Lake Michigan, Lake 
                Ontario, and Lake Superior;
                    (B) their connecting waters, including the St. 
                Marys River, the St. Clair River, Lake St. Clair, the 
                Detroit River, and the Niagara River; and
                    (C) the St. Lawrence River;
            (3) the term ``Great Lakes Water Quality Agreement'' means 
        the bilateral agreement between the United States and Canada 
        which was signed in 1978 and amended by the Protocol of 1987; 
        and
            (4) the term ``Under Secretary'' means the Under Secretary 
        of Commerce for Oceans and Atmosphere.

SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Under Secretary to 
carry out this title $100,000 for each of fiscal years 1995, 1996, 
1997, and 1998.

              TITLE VI--NATIONAL UNDERSEA RESEARCH PROGRAM

SEC. 601. SHORT TITLE.

    This title may be cited as the ``National Undersea Research Program 
Act of 1994''.

SEC. 602. DEFINITIONS.

    For the purposes of this title, the term--
            (1) ``Administration'' means the National Oceanic and 
        Atmospheric Administration;
            (2) ``Center'' means any National Undersea Research Center 
        in existence on the day before the date of enactment of this 
        Act or established under section 605;
            (3) ``Center Director'' means the Director of any National 
        Undersea Research Center;
            (4) ``Committee'' means the National Undersea Research 
        Advisory Committee established under section 604;
            (5) ``Office'' means the Office of Undersea Research 
        established by section 603(d)(1);
            (6) ``priority research area'' means any of the priority 
        research areas set forth in section 603(f)(1), as those areas 
        may be revised by the Under Secretary under section 603(f)(2);
            (7) ``Program'' means the National Undersea Research 
        Program established under section 603;
            (8) ``Program Director'' means the Director of the National 
        Undersea Research Program appointed pursuant to section 
        603(d)(2);
            (9) ``undersea region'' means each of--
                    (A) the United States Northern Atlantic region, 
                comprised of the coastal and oceanic waters and seabed 
                north of Montauk, New York, and off Maine, New 
                Hampshire, Massachusetts, Rhode Island, and 
                Connecticut;
                    (B) the Mid-Atlantic Bight region, comprised of the 
                coastal and oceanic waters and seabed south of Montauk, 
                New York, and off New York, New Jersey, Pennsylvania, 
                Delaware, Maryland, and Virginia;
                    (C) the United States Southern Atlantic region, 
                comprised of the coastal and oceanic waters and seabed 
                off North Carolina, South Carolina, Georgia, and the 
                Atlantic coast of Florida (including the Florida Keys);
                    (D) the Gulf of Mexico region, comprised of the 
                coastal and oceanic waters and seabed of the Gulf of 
                Mexico off Florida, Alabama, Mississippi, Louisiana, 
                and Texas;
                    (E) the Great Lakes region, comprised of the waters 
                and lake beds of the Great Lakes;
                    (F) the California region, comprised of the coastal 
                and oceanic waters and seabed off California;
                    (G) the United States Northeast Pacific region, 
                comprised of the coastal and oceanic waters and seabed 
                off Oregon, Washington, and Alaska;
                    (H) the Western Pacific region, comprised of the 
                coastal and oceanic waters and seabed off Hawaii, 
                Johnston Island, Guam, American Samoa, and the Northern 
                Mariana Islands, and other Western Pacific waters and 
                seabed relevant to the purpose of the Program;
                    (I) the Caribbean region, comprised of the coastal 
                and oceanic waters and seabed off Puerto Rico, the 
                United States Virgin Islands, and other tropical and 
                subtropical waters and seabed relevant to the purposes 
                of the Program; and
                    (J) any other undersea region resulting from a 
                modification under section 603(e)(5);
            (10) ``undersea research'' means scientific research 
        carried out in the oceans or large lakes of the world, using 
        advanced underwater technology including diving, underwater 
        observatories and laboratories, research submersibles, remotely 
        operated vehicles, autonomous vehicles, and any other research 
        techniques necessary to carry out the provisions of this title; 
        and
            (11) ``Under Secretary'' means the Under Secretary of 
        Commerce for Oceans and Atmosphere.

SEC. 603. ESTABLISHMENT AND ADMINISTRATION OF NATIONAL UNDERSEA 
              RESEARCH PROGRAM.

    (a) Program Establishment and Maintenance.--The Under Secretary 
shall establish and maintain in the Administration a program to be 
known as the ``National Undersea Research Program''.
    (b) Program Purpose.--The purpose of the Program shall be to 
enhance scientific understanding of processes in the oceans and large 
lakes of the world, by--
            (1) developing, maintaining, and carrying out undersea 
        research programs;
            (2) investigating, developing, and applying technology for 
        undersea research; and
            (3) developing new approaches to undersea technology 
        transfer and marine science education.
    (c) National Undersea Research Centers.--The Program shall be 
conducted by the National Undersea Research Centers established 
pursuant to section 605(a).
    (d) Office of Undersea Research.--
            (1) Establishment.--There is established in the 
        Administration the Office of Undersea Research.
            (2) Program director.--The head of the Office and Program 
        Officer of the National Undersea Research Program is the 
        Director of the National Undersea Research Program, who shall 
        be appointed by the Under Secretary from among individuals with 
        extensive knowledge and expertise in undersea research and 
        having appropriate administrative experience.
    (e) Duties of Program Director.--Subject to the supervision of the 
Under Secretary, the Program Director shall carry out the following 
duties:
            (1) Facilitate and support the activities of Centers.
            (2) Establish guidelines for the submission and review of 
        proposals from the Centers and proposals from individual 
        researchers that are submitted to the Centers for research 
        under the Program.
            (3) Make grants and enter into contracts and cooperative 
        agreements under section 608 to advance knowledge in the 
        priority research areas through the Centers.
            (4) Support the Memorandum of Agreement Concerning Support 
        of a National Academic Deep Submergence Facility for Scientific 
        Use.
            (5) Modify undersea regions as necessary and appropriate.
            (6) Carry out any other duty assigned to the Program 
        Director by this title.
    (f) Priority Research Areas.--
            (1) In general.--The Under Secretary may use amounts 
        appropriated for the Program to fund research, including long-
        term studies, within the following priority research areas:
                    (A) Oceanic, coastal, estuarine, and limnological 
                processes.
                    (B) Pathways and fates of materials in the oceans 
                and large lakes.
                    (C) Diversity, distribution, productivity, and 
                recruitment of organisms, including commercially 
                valuable species, with respect to habitat 
                characteristics in the oceans and large lakes.
                    (D) Global change processes.
                    (E) Ocean lithosphere processes and mineral 
                resources.
                    (F) Undersea research platform and instrument 
                technology.
                    (G) Diving safety, physiology, and technology.
                    (H) Studies under section 21(e) of the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1347(e)).
            (2) Revision of priority areas.--Upon the recommendation of 
        the Committee, the Under Secretary may, after public comment, 
        revise the priority research areas under paragraph (1).

SEC. 604. ADVISORY COMMITTEE.

    (a) Establishment of Committee.--The Under Secretary shall 
establish an independent advisory committee to be known as the 
``National Undersea Research Advisory Committee''.
    (b) Composition.--
            (1) In general.--The Committee shall consist of 9 members 
        appointed by the Under Secretary from individuals who are 
        eminent professional scientists or engineers and active in at 
        least one priority research area, of whom 2 members shall be 
        appointed from individuals nominated by Center Directors. The 
        Under Secretary shall complete appointments under this 
        paragraph by not later than 6 months after the date of the 
        enactment of this Act.
            (2) Balance.--In appointing members of the Committee, the 
        Under Secretary shall seek to ensure balanced representation 
        of--
                    (A) priority research areas,
                    (B) disciplines related to priority research areas, 
                and
                    (C) geographic regions of the United States.
            (3) Prohibition on appointments.--Except as provided in 
        paragraph (4), no member of the Committee may be an employee of 
        a Center or of the Administration.
            (4) Ex officio members of the committee.--The Chief 
        Scientist of the Administration shall be a nonvoting ex officio 
        member of the Committee.
    (c) Duties.--The Committee shall--
            (1) advise the Under Secretary and the Program Director 
        concerning--
                    (A) the quality of research performed with grants 
                awarded under this title, the applicability of such 
                research to the priority research areas;
                    (B) the designation, establishment, and operation 
                of Centers;
                    (C) the modification of undersea regions;
                    (D) the need to revise the priority research areas; 
                and
                    (E) any other matters that the Under Secretary 
                refers to the Committee for review and advice, or that 
                the Committee considers appropriate; and
            (2) carry out any other duty specifically assigned to the 
        Committee by this title.
    (d) Term of Membership.--
            (1) In general.--Subject to paragraph (2), the term of 
        membership on the Committee shall be 3 years.
            (2) Initial appointments.--Of the members first appointed 
        to the Committee--
                    (A) 3 members shall serve a term of 1 year;
                    (B) 3 members shall serve a term of 2 years; and
                    (C) 3 members shall serve a term of 3 years;
        as specified by the Under Secretary at the time of appointment.
            (3) Term limitation.--No individual may serve consecutive 
        terms as a member of the Committee.
    (e) Compensation.--Members of the Committee, while performing 
official duties as members of the Committee, are entitled to receive 
compensation for travel and transportation expenses under section 5703 
of title 5, United States Code.
    (f) Chairperson.--The members of the Committee shall select 
annually from among the voting members of the Committee an individual 
who shall serve as Chairperson of the Committee. No member of the 
Committee may serve more than 2 annual terms as Chairperson.
    (g) Conduct of Business.--The Committee shall conduct its business 
according to the majority vote of those members present at a meeting of 
the Committee.
    (h) Public Participation.--The following guidelines apply to the 
conduct of business by the Committee:
            (1) Each meeting shall be open to the public, and 
        interested persons shall be permitted an opportunity to present 
        oral or written statements on items on the agenda.
            (2) Timely notice of each meeting, including the time, 
        place, and agenda, shall be published in the Federal Register 
        and copies sent to all Center Directors.
    (i) Exemption.--The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Committee.

SEC. 605. ESTABLISHMENT OF NATIONAL UNDERSEA RESEARCH CENTERS.

    (a) Assignment of Existing Regions and Establishment of New 
Centers.--
            (1) Assignment of regions to existing centers.--There are 
        assigned to the Centers in existence on the day before the date 
        of the enactment of this Act undersea regions, as follows:
                    (A) The Western Pacific region is assigned to the 
                Hawaii Undersea Research Laboratory.
                    (B) The United States Northeast Pacific and 
                Californian regions are assigned to the West Coast 
                National Undersea Research Center at the University of 
                Alaska-Fairbanks.
                    (C) The United States Northern Atlantic and Great 
                Lakes regions are assigned to the National Undersea 
                Research Center at the University of Connecticut at 
                Avery Point.
                    (D) The Mid-Atlantic Bight region is assigned to 
                the New York Bight National Undersea Research Center.
                    (E) The United States Southern Atlantic region is 
                assigned to the National Undersea Research Center at 
                the University of North Carolina at Wilmington.
                    (F) The Caribbean region is assigned to the 
                National Undersea Research Center at the Caribbean 
                Marine Research Center.
                    (G) The Gulf of Mexico region is assigned to a new 
                center to be established pursuant to subsection (f).
            (2) Establishment of new centers.--The Under Secretary may 
        establish a new Center to implement the Program for any 
        undersea region at an institution of higher education or 
        oceanographic research located in a State bordering the 
        region--
                    (A) if there is a clearly demonstrated, scientific 
                need for such a Center;
                    (B) if there are adequate funds available for the 
                establishment of the Center;
                    (C) after reviewing each proposal submitted under 
                subsection (b) with respect to that region; and
                    (D) if the Committee concurs in the selection of 
                that institution.
            (3) Limitation.--The Under Secretary may not establish a 
        new Center for an undersea region if the expenditure of amounts 
        for that Center would result in any reduction of amounts 
        available for expenditure for any other Center.
    (b) Solicitation of Proposals for New Centers.--
            (1) In general.--The Under Secretary may solicit proposals 
        for the establishment of a new Center under subsection (a)(2) 
        from institutions of higher education or oceanographic 
        research.
            (2) Proposal requirements.--A proposal under this 
        subsection shall consist of--
                    (A) a proposed science program;
                    (B) a program management plan;
                    (C) a description of the facilities of the 
                institution at which the new Center is proposed to be 
                established;
                    (D) a description of relevant capabilities of that 
                institution;
                    (E) an operational safety plan;
                    (F) mechanisms for information transfer;
                    (G) a budget for the proposed Center; and
                    (H) any other information the Under Secretary 
                considers necessary.
    (c) Review of Proposals.--The Under Secretary and the Committee 
shall review each proposal submitted under subsection (b) on the basis 
of--
            (1) relevance of the proposal to priority research areas; 
        and
            (2) the capability of the applicant institution to 
        administer and direct research in those areas.
    (d) Center Director.--Each institution at which a Center is 
established under this section may select, in consultation with the 
Office, an individual who shall be the Center Director of that Center.
    (e) 6-Year Review of Centers and Regions.--
            (1) In general.--Every 6 years the Under Secretary and the 
        Committee shall jointly review--
                    (A) the operation of each Center, except that in 
                the case of a Center in existence on the day before the 
                date of the enactment of this Act, the first review of 
                the Center shall be completed by not later than the 
                date which is 5 years after that date of enactment; and
                    (B) the configuration of undersea regions to 
                determine whether those regions meet scientific needs 
                for research in priority research areas.
            (2) Content of review.--A review under this subsection 
        shall consist of--
                    (A) an evaluation of the quality of the research 
                conducted at the Center under the Program and the 
                applicability of the research to the priority research 
                areas, including consideration of the reviews conducted 
                under section 606(c);
                    (B) recommendations for changes in the scientific 
                research program and the operation of the Center, that 
                are considered beneficial by the Committee and the 
                Under Secretary;
                    (C) a determination of whether the continued 
                operation of the Center will increase knowledge in the 
                priority research areas; and
                    (D) recommendations for the modification of the 
                undersea regions of the Center.
            (3) Establishment of new center at different institution.--
        If the Under Secretary and the Committee determine as a result 
        of a review under this subsection that continued operation of a 
        Center is not warranted, the Under Secretary--
                    (A) shall provide notification of that 
                determination to the Center, including a description of 
                any changes in the operations of the Center the Under 
                Secretary considers necessary for continued operation 
                of the Center;
                    (B) shall after 18 months after providing that 
                notice, and not later than 2 years after providing that 
                notice, review the implementation of those changes by 
                the Center; and
                    (C) may establish, at a different institution of 
                higher education or oceanographic research, a new 
                Center for the same undersea region in accordance with 
                this section, if the Under Secretary determines as a 
                result of the review under subparagraph (B) that those 
                changes are not implemented.
    (f) New Center.--
            (1) Gulf of mexico.--
                    (A) Establishment.--Notwithstanding subsection 
                (a)(2) and (a)(3), the Under Secretary shall establish 
                at a qualified public institution a Center to conduct 
                the Program for the Gulf of Mexico undersea region, 
                which shall be known as the ``Gulf of Mexico National 
                Undersea Research Center''. The Under Secretary shall 
                establish that Center no later than 60 days after the 
                date of enactment of this Act.
                    (B) Definition.--For the purposes of this 
                paragraph, the term ``qualified public institution'' 
                means a public institution or consortium of public 
                institutions of higher education--
                            (i) located directly on the coastline of, 
                        or having direct access to, the Gulf of Mexico;
                            (ii) with strong undergraduate and graduate 
                        programs in engineering, science, and 
                        technology as they may apply to undersea 
                        research;
                            (iii) with nationally recognized programs 
                        in marine science and maritime studies, with 
                        strong consideration given to any institution 
                        with a degree granting maritime academy;
                            (iv) with facilities for maintaining and 
                        operating research and other vessels 
                        appropriate for deployment of equipment 
                        necessary to conduct undersea research;
                            (v) with faculty and other personnel with 
                        expertise in undersea research;
                            (vi) capable of fully utilizing and working 
                        closely with the National Marine Sanctuary 
                        System in the Gulf of Mexico; and
                            (vii) capable of developing and maintaining 
                        cooperative undersea research programs with 
                        Mexico.
            (2) Limitation.--In carrying out this subsection, the Under 
        Secretary shall not reduce amounts available for carrying out 
        the Memorandum of Agreement Concerning Support of a National 
        Academic Deep Submergence Facility for Scientific Use.

SEC. 606. NATIONAL UNDERSEA RESEARCH CENTER RESEARCH PROGRAMS.

    (a) Individual Research Proposals.--
            (1) Solicitation.--Each Center Director shall annually 
        solicit individual proposals from the scientific community for 
        research to advance the priority research areas of the Program. 
        Research under each proposal shall be primarily conducted 
        within the undersea region of the Center, but may be conducted 
        in another undersea region in cooperation with the Center for 
        that region, or other geographic areas with the approval of the 
        Program Director. Individual proposals shall adhere to 
        guidelines established by the Program Director pursuant to 
        section 603(e)(2). Proposals under this paragraph may be for 
        multiyear research.
            (2) Individual proposal review process.--
                    (A) In general.--Each individual proposal shall be 
                reviewed by an independent review panel and by not less 
                than 3 anonymous mail reviewers. Each independent 
                review panel shall be composed of not less than 4 
                individuals with experience in undersea research 
                appointed by the Program Director, at least one of whom 
                shall be a member of the Committee.
                    (B) Panel review.--Each review by an independent 
                review panel shall--
                            (i) assess the scientific merit of the 
                        individual research proposal;
                            (ii) assess the ability of the Center to 
                        carry out the proposed research; and
                            (iii) the applicability of the proposal to 
                        the priority research areas.
                    (C) Mail reviews.--Each mail review shall 
                consider--
                            (i) the scientific merit of the proposal; 
                        and
                            (ii) the capability of the principal 
                        investigator to carry out or support the 
                        proposed research.
            (3) Allowance for response.--
                    (A) In general.--Subject to any regulation that is 
                issued by the Program Director, a Center Director 
                shall--
                            (i) provide to each person who submits to 
                        the Center a proposal under this section 
                        blinded copies of all mail reviews of the 
                        proposal conducted under paragraph (2), and
                            (ii) give the person not more than 14 days 
                        to respond to those reviews before rendering 
                        any final decision regarding funding for the 
                        proposal.
                    (B) Review of process by committee.--Not later than 
                3 years after the date of the enactment of this Act, 
                the Committee shall--
                            (i) whether all Centers are implementing 
                        subparagraph (A);
                            (ii) determine whether the opportunity of 
                        persons who submit proposals to respond to 
                        reviews pursuant to subparagraph (A) has been 
                        utilized by those persons;
                            (iii) determine whether those responses 
                        have been effective in ensuring full and fair 
                        consideration of those proposals; and
                            (iv) recommend to the Program Director that 
                        the procedures established by subparagraph (A) 
                        be continued, terminated, or modified 
                        (including the specific modifications which 
                        should be made).
                    (C) Regulations implementing recommendations.--The 
                Program Director may issue regulations implementing any 
                recommendation made by the Committee under subparagraph 
                (B)(iv).
    (b) Proposed Center Program.--Each fiscal year each Center Director 
shall submit to the Program Director--
            (1) a proposed program for the Center for the upcoming 
        fiscal year, which shall adhere to guidelines established by 
        the Program Director pursuant to section 603(e)(2) and shall 
        include--
                    (A) a description of the activities performed and 
                research funded by the Center in the previous fiscal 
                year;
                    (B) those individual research proposals submitted 
                under subsection (a) that the Center Director 
                determines to be meritorious based on reviews conducted 
                under that subsection;
                    (C) a proposed budget for the operation of the 
                Center for the current fiscal year;
                    (D) any other materials requested by the Program 
                Director to clarify the proposed program; and
                    (E) an annually revised long-range research and 
                operations plan; and
            (2) reviews, and responses thereto, of all individual 
        research proposals submitted to the Center Director for the 
        upcoming fiscal year.
    (c) Review of Proposed Center Programs.--The Program Director shall 
review the proposed programs submitted by each Center Director under 
subsection (b) and make recommendations to the Under Secretary for 
funding allocations under section 608(b).
    (d) Gifts, Devises, and Bequests.--Each Center may accept, solicit, 
and use the services of volunteers, and may accept, receive, hold, 
administer, and use gifts, devises, and bequests, to carry out the 
research program of the Center.

SEC. 607. PROCEDURES FOR JOINT REVIEW OF RESEARCH PROPOSALS.

    The Under Secretary, in consultation with the Program Director and 
the Committee and jointly with the Director of the National Science 
Foundation and the Secretary of the Navy, shall--
            (1) develop procedures for the submittal and joint review 
        of proposals for research in priority research areas to be 
        carried out with assistance from 2 or more agencies within the 
        Department of Commerce, the National Science Foundation, or the 
        Department of Defense; and
            (2) issue final rules establishing those procedures by not 
        later than 1 year after the date of the enactment of this Act.

SEC. 608. GRANTS AND CONTRACTS FOR NATIONAL UNDERSEA RESEARCH CENTERS.

    (a) Authorization.--The Under Secretary may make grants and enter 
into contracts and cooperative agreements under this section to fund 
any Center program if the Under Secretary finds that the program will 
advance knowledge in the priority research areas.
    (b) Allocation of Funding.--
            (1) In general.--Based on the reviews under section 606(c) 
        of proposed Center programs, the Under Secretary shall--
                    (A) allocate among the Centers, in such manner as 
                will best advance knowledge in the priority research 
                areas, all amounts available for the current fiscal 
                year for research to be conducted by the Centers and 
                administration of the Centers, consistent with each 
                Center's long-term responsibilities to conduct priority 
                research; and
                    (B) notify each Center Director of the amount 
                allocated to that Center under subparagraph (A).
    (c) Terms and Conditions.--
            (1) In general.--Any grant made or contract entered into 
        under this section shall be subject to paragraphs (2) and (3) 
        and to any other terms, conditions, and requirements the Under 
        Secretary considers necessary.
            (2) Limitations on use for land and buildings.--Amounts 
        provided under any grant or contract under this section may not 
        be used for--
                    (A) the purchase of any land; or
                    (B) the purchase or construction of any building.
            (3) Maintenance of records.--Any person who receives or 
        utilizes any proceeds of any grant of contract under this 
        section shall keep any records the Under Secretary prescribes 
        as necessary to facilitate effective audit and evaluation, 
        including reports which full disclose the amount and 
        disposition of funds received under this title, the total cost 
        of activities for which those funds were used, and the amount, 
        if any, of costs which were provided through other sources. The 
        records shall be maintained for 6 years after the completion of 
        the activity. The Under Secretary and the Comptroller General 
        of the United States, or any of their duly authorized 
        representatives, shall have access, for the purpose of audit 
        and evaluation, to any books, documents, papers, and records of 
        receipts, which in the opinion of the Under Secretary or of the 
        Comptroller General may be related or pertinent to the grants 
        and contracts.

SEC. 609. FINANCIAL ASSISTANCE REVIEW BOARD.

    After the date of the enactment of this Act, grants and contracts 
under the Program shall not be subject to review by the board in the 
Department of Commerce known as the Financial Assistance Review Board.

SEC. 610. AUTHORIZATION OF APPROPRIATIONS.

    (a) Center Program Funding.--There is authorized to be appropriated 
to the Under Secretary for use for grants and contracts under section 
608, to remain available until expended, $18,000,000 for fiscal year 
1995, $18,540,000 for fiscal year 1996, $19,100,000 for fiscal year 
1997, $19,670,000 for fiscal year 1998, and $20,260,000 for fiscal year 
1999.
    (b) Office of Undersea Research.--There is authorized to be 
appropriated to the Under Secretary for the administration of the 
Office of Undersea Research and support of the Memorandum of Agreement 
Concerning Support of a National Academic Deep Submergence Facility for 
Scientific Use, to remain available until expended, $2,100,000 for 
fiscal year 1995, $2,200,000 for fiscal year 1996, $2,300,000 for 
fiscal year 1997, $2,400,000 for fiscal year 1998, and $2,500,000 for 
fiscal year 1999.
    (c) Reversion of Unobligated Amounts.--The amount of any grant, 
contract, or portion of a grant or contract, made under section 603 or 
608 that is not obligated before the end of the third fiscal year in 
which it is authorized to be obligated--
            (1) shall revert to the Under Secretary; and
            (2) shall remain available for grants or contracts under 
        that section.
    (d) Limitations on Use.--Amounts appropriated under the authority 
of subsection (a) shall not be available for administration of this 
title by the Office, or for program or administrative expenses of the 
Administration or the Department of Commerce.

SEC. 506. HYDROGRAPHIC SURVEYING AND MAPPING SERVICES.

    The Secretary of Commerce may award contracts for hydrographic 
surveying and mapping services in accordance with title IX of the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 
et seq.).

SEC. 507. FEASIBILITY STUDY.

    No later than 180 days after the date of enactment of this Act, the 
Secretary of Commerce shall submit to the Committee on Merchant Marine 
and Fisheries and the Committee on Natural Resources of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate, a study on the feasibility and 
desirability of converting the offshore gas production platform known 
as High Island A389A, owned by Mobil Exploration and Production U.S., 
Inc., to a marine research station for the purpose of supporting 
investigations of the northern Gulf of Mexico and for use as a field 
laboratory for training students and marine science professionals in 
technologies related to the exploration and study of the Gulf of 
Mexico. The study shall include--
            (1) an assessment of the need for such a research platform, 
        including consultations with National Oceanic and Atmospheric 
        Administration line and program offices, other relevant Federal 
        and State agencies with research and management 
        responsibilities in the Gulf of Mexico, and academic 
        institutions involved in the study of the Gulf of Mexico 
        ecosystem;
            (2) an assessment of the financial feasibility of 
        converting the platform, including the cost of conversion from 
        a gas production facility to a marine science research station, 
        the cost of operation of the platform as a marine science field 
        station, the cost of removal of the platform at the end of its 
        functional life span, and the potential costs to users of the 
        platform; and
            (3) a description of potential users of the platform, 
        potential funding strategies, permit requirements, and time 
        schedules and constraints.

SEC. 508. COORDINATED EFFORTS TO CONSERVE, PROTECT, AND REBUILD PACIFIC 
              SALMON STOCKS.

    (a) The Secretary of Commerce, in cooperation with other federal 
agencies, the states of Washington, Oregon, and California and tribal 
and local fisheries and natural resource management agencies, shall 
develop and implement an inter-agency and intergovernmental cooperative 
plan to protect, restore and enhance Pacific salmon and their habitats 
in those states. The plan shall be based on existing Pacific salmon 
restoration efforts and shall include, but not be limited to--
            (1) developing and implementing watershed plans to rebuild 
        targeted stocks of Pacific salmon in those states; and
            (2) other actions needed to restore and conserve stocks of 
        Pacific salmon and their habitats in those states.
    (b) Not later than January 1, 1996, and annually thereafter until 
the Secretary of Commerce determines that Pacific salmon stocks have 
recovered, the Secretary shall prepare and submit to the Committee on 
Merchant Marine and Fisheries in the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report on progress made under this section to conserve, protect, and 
rebuild Pacific salmon stocks.

SEC. 509. EDUCATION PROGRAM TO REDUCE THE RISK ASSOCIATED WITH 
              CONSUMING RAW MOLLUSCAN SHELLFISH.

    (a) In General.--Of amounts available under section 713c-3(d) of 
the Saltonstall-Kennedy Act of 1954, as amended, (15 U.S.C. Sec. 713c-
3), the Secretary of Commerce is authorized to use $500,000 for a 
comprehensive education program to reduce and prevent illnesses and 
deaths associated with the consumption of raw molluscan shellfish.
    (b) Transfer Authority.--The Secretary of Commerce is authorized to 
transfer up to $500,000 of amounts authorized to be expended under 
subsection (a) to another federal agency to carry out the purposes of 
this section.
    (c) Limitation.--The Secretary of Commerce, or the head of a 
federal agency to which the Secretary transfers funds under this 
section, may not use more than 5 percent of amounts authorized to be 
expended under this section for administrative expenses.

            Passed the House of Representatives September 26, 1994.

            Attest:






                                                                 Clerk.
                                     







103d CONGRESS

  2d Session

                               H. R. 4008

_______________________________________________________________________

                                 AN ACT

 To authorize appropriations for the National Oceanic and Atmospheric 
 Administration for fiscal years 1995 and 1996, and for other purposes.