[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4008 Placed on Calendar Senate (PCS)]
Calendar No. 664
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.
_______________________________________________________________________
September 27 (legislative day, September 12), 1994
Received; read twice and ordered placed on the calendar
Calendar No. 664
103d CONGRESS
2d Session
H. R. 4008
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 27 (legislative day, September 12), 1994
Received; read twice and ordered placed on the calendar
_______________________________________________________________________
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 Program, 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. 611. 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. 612. 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. 613. 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 of 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. 614. 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:
DONNALD K. ANDERSON,
Clerk.
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