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

103d CONGRESS
  2d Session
                                H. R. 4008

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 1994

 Mr. Ortiz (for himself, Mr. Weldon, Mr. Studds, Mr. Fields of Texas, 
   Mr. Lipinski, Mr. Manton and Mr. Young of Alaska) introduced the 
following bill; which was referred to the Committee on Merchant Marine 
                             and Fisheries

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of 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, $28,500,000 for fiscal year 1994 and 
        $29,505,000 for fiscal year 1995.
            (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 1994 and $1,300,000 for fiscal year 1995.
    (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, $17,900,000 for fiscal 
year 1994 and $19,332,000 for fiscal year 1995.
    (c) Observation and Prediction.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary of Commerce, to 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, $11,800,000 for fiscal year 1994 
        and $12,423,000 for fiscal year 1995.
            (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 1994 
        and $700,000 for fiscal year 1995.
            (3) Ocean and earth sciences.--In addition to amounts 
        authorized under paragraph (1), there are authorized to be 
        appropriated to the Secretary of Commerce, to enable the 
        National Oceanic and Atmospheric Administration to carry out 
        ocean and earth science activities, $4,442,000 for fiscal year 
        1994 and $4,442,000 for fiscal year 1995.
            (4) Center for ocean analysis and 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 1994 and $400,000 for fiscal year 
        1995.
    (d) Estuarine and Coastal Assessment.--
            (1) In general.--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 support estuarine and coastal 
        assessment activities under the Act of 1947 and any other law 
        involving those activities, $2,420,000 for fiscal year 1994 and 
        $2,420,000 for fiscal year 1995.
            (2) Ocean assessment.--In addition to amounts authorized 
        under paragraph (1), there are authorized to be appropriated to 
        the Secretary of Commerce, to enable the National Oceanic and 
        Atmospheric Administration to carry out the National Status and 
        Trends Program, the Strategic Environmental Assessment Program, 
        and the Hazardous Materials Response Program, $17,369,000 for 
        fiscal year 1994 and $19,000,000 for fiscal year 1995.
            (3) Damage assessment program.--In 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, $1,200,000 for fiscal year 1994 
        and $1,200,000 for fiscal year 1995.
            (4) Coastal ocean program.--In addition to amounts 
        authorized under paragraph (1), there are authorized to be 
        appropriated to the Secretary of Commerce to, enable the 
        National Oceanic and Atmospheric Administration to carry out 
        the Coastal Ocean Program, $11,400,000 for fiscal year 1994 and 
        $11,433,000 for fiscal year 1995. Of the amounts authorized 
        under this paragraph for fiscal years 1994 and 1995, a total of 
        $200,000 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.

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, $9,200,000 for fiscal 
        year 1994 and $10,000,000 for fiscal year 1995.
            (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 1994 and $4,558,000 for fiscal year 1995.
                    (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, $200,000 for fiscal year 1994 and 
                $200,000 for fiscal year 1995.
            (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 1994 and 1995 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.

              TITLE II--ADMINISTRATION AND OTHER ACCOUNTS

SEC. 201. PROGRAM SUPPORT.

    (a) Marine Services.--There are authorized to be appropriated to 
the Secretary of Commerce, to enable the National Oceanic and 
Atmospheric Administration to carry out marine services activities 
(including ship operations, maintenance, and support) under the Act of 
1947 and any other law involving those activities, $62,037,000 for 
fiscal year 1994 and $63,588,000 for fiscal year 1995.

                 TITLE III--MISCELLANEOUS NOAA PROGRAMS

SEC. 301. NAUTICAL PRODUCTS.

    (a) Deposit and Use of Receipts from 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 
180 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. 302. USE OF OCEAN RESEARCH RESOURCES OF OTHER FEDERAL AGENCIES.

    (a) Findings.--The Congress finds the following:
            (1) Changes in the defense needs of the United States have 
        redefined the status of many defense-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.

SEC. 303. NAUTICAL CHARTING MODERNIZATION AND IMPROVEMENT.

    (a) Study.--Not later than 120 days after the date of the enactment 
of this Act, the Secretary of Commerce shall submit to the Committee on 
Merchant Marine and Fisheries of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report on the status of National Ocean 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. 304. MULLICA RIVER RESEARCH RESERVE.

    The Secretary of Commerce shall give priority consideration to 
designating Mullica River, New Jersey, as a national estuarine reserve 
under section 315(b) of the Coastal Zone Management Act of 1972 (16 
U.S.C. 1461(b)).

SEC. 305. WEST COAST GROUNDFISH LABORATORY.

    In selecting a site for placement of a replacement for the National 
Marine Fisheries Service Lab at Tiburon, California, the Secretary of 
Commerce shall take into 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.

SEC. 306. 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 
requirements for 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. 307. SAN FRANCISCO BAY PORTS SYSTEM.

    (a) In General.--The Secretary of Commerce (hereinafter in this 
section referred to as the ``Secretary'') shall establish for San 
Francisco Bay in accordance with this section the safe navigation 
system known as the Physical-Oceanographic Real-Time System (known, and 
hereinafter in this section referred to, as the ``PORTS System''), 
after completion of implementation of section 301(c).
    (b) Study.--After completion of implementation of section 301(c), 
and not later than 1 year after the date of that completion, the 
Secretary shall conduct a hydrodynamics modeling study of San Francisco 
Bay to determine the appropriate technology and equipment and the 
effective placement of instruments for the establishment of the PORTS 
System for San Francisco Bay.
    (c) Implementation.--
            (1) In general.--Not later than 1 year after the completion 
        of the study under subsection (b), the Secretary, in 
        consultation with the State of California Office of Oil Spill 
        Prevention and Response and subject to paragraph (2), shall 
        acquire, install, and activate appropriate equipment to 
        establish an operational PORTS System for the San Francisco 
        Bay.
            (2) Condition.--The Secretary may not take any action under 
        paragraph (1) unless the State of California Office has 
        provided to the Secretary adequate assurances that the State 
        will fund the operation and maintenance of the PORTS System for 
        San Francisco Bay after its installation.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section $4,200,000 for 
fiscal years 1995 and 1996.

SEC. 308. CONVEYANCE OF NATIONAL MARINE FISHERIES SERVICE LABORATORY AT 
              GLOUCESTER, MASSACHUSETTS.

    (a) Conveyance Required.--
            (1) In general.--The Secretary of Commerce shall convey to 
        the Commonwealth of Massachusetts, all right, title, and 
        interest of the United States in and to the property comprising 
        the National Marine Fisheries Service laboratory located on 
        Emerson 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 rights 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 and interests conveyed under this section shall revert 
to the United States on the date on which the Commonwealth of 
Massachusetts uses any of the property for any purpose other than the 
Commonwealth of Massachusetts Division of Marine Fisheries resource 
management program.

SEC. 309. REIMBURSEMENT OF EXPENSES.

    (a) In General.--Notwithstanding section 3302 (b) and (c) of title 
31, United States Code, and subject to subsection (b), all amounts 
received by the United States in settlement of, or judgment for, damage 
claims arising from the October 9, 1992, allision of the vessel ZACHERY 
into the National Oceanic and Atmospheric Administration research 
vessel DISCOVERER--
            (1) shall be retained as an offsetting collection in the 
        Fleet Modernization, Shipbuilding, and 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. 310. NOAA FLEET MODERNIZATION.

    (a) Authority To Contract.--
            (1) In general.--The Secretary may enter into only the 
        following contracts in fiscal year 1995 to implement the Plan:
                    (A) A service life extension for the R/V 
                OCEANOGRAPHER.
                    (B) Construction of a medium endurance 
                oceanographic research vessel.
                    (C) A service life extension of the R/V DELAWARE 
                II.
                    (D) Conversion of a T-AGOS vessel for oceanographic 
                research.
                    (E) Conversion of a T-AGOS vessel for mapping and 
                charting.
                    (F) Construction of a coastal/low endurance vessel 
                for living marine research.
                    (G) Leasing to fulfill any NOAA mission 
                requirements.
                    (H) Necessary repairs to and maintenance of any 
                vessel in the NOAA fleet, subject to subsection (b).
                    (I) 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, 
        agencies, or instrumentality, if the vessel which is the 
        subject of the contract will be operated by or for the benefit 
        of the Department of Commerce.''.
    (b) Limitation on Expenditures for Repairs and Maintenance.--
Section 606 of the NOAA Fleet Modernization Act (33 U.S.C. 891d) is 
amended by adding at the end the following:
    ``(d) Limitation on Expenditures for Repair and Maintenance.--
            ``(1) In general.--Notwithstanding any other law, of the 
        amount appropriated for a fiscal year to the Fleet 
        Modernization, Shipbuilding, and Conversion Account of the 
        National Oceanic and Atmospheric Administration, not more than 
        10 percent may be expended by the Secretary for repairs and 
        maintenance of vessels in the NOAA fleet.
            ``(2) Application.--Paragraph (1) applies to amounts 
        appropriated for a fiscal year after fiscal year 1991.''.
    (c) Definitions.--In this section each of the terms ``contract'', 
``NOAA'', ``NOAA fleet'', ``Plan'', and ``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.

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