[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1552 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1552

 To authorize appropriations for fiscal year 2000 and fiscal year 2001 
    for the Marine Research and related environmental research and 
development program activities of the National Oceanic and Atmospheric 
   Administration and the National Science Foundation, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 1999

 Mr. Calvert introduced the following bill; which was referred to the 
 Committee on Science, and in addition to the Committee on Resources, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for fiscal year 2000 and fiscal year 2001 
    for the Marine Research and related environmental research and 
development program activities of the National Oceanic and Atmospheric 
   Administration and the National Science Foundation, 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 ``Marine Research and Related 
Environmental Research and Development Programs Authorization Act of 
1999''.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the term--
            (1) ``Administrator'' means the Administrator of the 
        National Oceanic and Atmospheric Administration; and
            (2) ``Secretary'' means the Secretary of Commerce.

SEC. 3. NATIONAL OCEAN SERVICE.

    (a) Operations, Research, and Facilities.--There are authorized to 
be appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out the Operations, Research, and 
Facilities marine research and related environmental research and 
development activities of the National Ocean Service $200,343,000 for 
fiscal year 2000 and $200,343,000 for fiscal year 2001, to remain 
available until expended.
    (b) Navigation Services.--Of the amounts authorized under 
subsection (a), $82,967,000 for fiscal year 2000 and $82,967,000 for 
fiscal year 2001 shall be for Navigation Services, of which--
            (1) $33,335,000 for fiscal year 2000 and $33,335,000 for 
        fiscal year 2001 shall be for Mapping and Charting;
            (2) $14,900,000 for fiscal year 2000 and $14,900,000 for 
        fiscal year 2001 shall be for Hydrographic Survey Backlog;
            (3) $19,849,000 for fiscal year 2000 and $19,849,000 for 
        fiscal year 2001 shall be for Geodesy; and
            (4) $14,883,000 for fiscal year 2000 and $14,883,000 for 
        fiscal year 2001 shall be for Tide and Current Data.
    (c) Ocean Resources and Conservation Assessment.--Of the amounts 
authorized under subsection (a), $99,650,000 for fiscal year 2000 and 
$99,650,000 for fiscal year 2001 shall be for Ocean Resources and 
Conservation Assessment, of which--
            (1) $7,970,000 for fiscal year 2000 and $7,970,000 for 
        fiscal year 2001 shall be for Oceanic and Coastal Research;
            (2) $6,085,000 for fiscal year 2000 and $6,085,000 for 
        fiscal year 2001 shall be for the Great Lakes Environmental 
        Research Laboratory;
            (3) $46,281,000 for fiscal year 2000 and $46,281,000 for 
        fiscal year 2001 shall be for the Ocean Assessment Program;
            (4) $19,884,000 for fiscal year 2000 and $19,884,000 for 
        fiscal year 2001 shall be for Response and Restoration; and
            (5) $19,430,000 for fiscal year 2000 and $19,430,000 for 
        fiscal year 2001 shall be for the Coastal Ocean Program.
    (d) Acquisition of Data.--Of the amounts authorized under 
subsection (a), $17,726,000 for fiscal year 2000 and $17,726,000 for 
fiscal year 2001 shall be for Acquisition of Data.

SEC. 4. OCEANIC AND ATMOSPHERIC RESEARCH.

    (a) Operations, Research, and Facilities.--There are authorized to 
be appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out the Operations, Research, and 
Facilities marine research and related environmental research and 
development activities of the Office of Oceanic and Atmospheric 
Research $44,320,000 for fiscal year 2000 and $44,320,000 for fiscal 
year 2001, to remain available until expended.
    (b) Marine Environmental Research.--Of the amounts authorized under 
subsection (a), $22,300,000 for fiscal year 2000 and $22,300,000 for 
fiscal year 2001 shall be for Marine Environmental Research.
    (c) NURP.--Of the amounts authorized under subsection (a), 
$9,000,000 for fiscal year 2000 and $9,000,000 for fiscal year 2001 
shall be for the National Oceanic and Atmospheric Administration 
Undersea Research Program (NURP).
    (d) Acquisition of Data.--Of the amounts authorized under 
subsection (a), $13,020,000 for fiscal year 2000 and $13,020,000 for 
fiscal year 2001 shall be for Acquisition of Data.

SEC. 5. PROGRAM SUPPORT.

    (a) Operations, Research, and Facilities.--There are authorized to 
be appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out the Operations, Research, and 
Facilities marine research and related environmental research and 
development activities of Program Support $63,769,000 for fiscal year 
2000 and $63,769,000 for fiscal year 2001, to remain available until 
expended.
    (b) Administration and Services.--Of the amounts authorized under 
subsection (a), $52,750,000 for fiscal year 2000 and $52,750,000 for 
fiscal year 2001 shall be for Administration and Services, of which--
            (1) $19,200,000 for fiscal year 2000 and $19,200,000 for 
        fiscal year 2001 shall be for Executive Direction and 
        Administration;
            (2) $700,000 for fiscal year 2000 and $700,000 for fiscal 
        year 2001 shall be for Systems Acquisition Office;
            (3) $31,850,000 for fiscal year 2000 and $31,850,000 for 
        fiscal year 2001 shall be for Central Administrative Support; 
        and
            (4) $1,000,000 for fiscal year 2000 and $1,000,000 for 
        fiscal year 2001 shall be for Historically Black Colleges and 
        Universities.
    (c) Aircraft Services.--Of the amounts authorized under subsection 
(a), $11,019,000 for fiscal year 2000 and $11,019,000 for fiscal year 
2001 shall be for Aircraft Services.
    (d) Independent Audit of Aircraft Services.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall, using available 
        funds, enter into appropriate arrangements with an independent 
        external auditor capable of providing an audit to determine 
        whether outsourcing of aircraft services is a more cost-
        effective alternative to in-house operation of aircraft in 
        meeting the National Oceanic and Atmospheric Administration's 
        aircraft requirements of the conduct of marine and atmospheric 
        research and related environmental research and development 
        activities, and for other data and mission needs.
            (2) Auditing procedures.--
                    (A) In general.--The audit under paragraph (1) 
                shall be conducted in accordance with generally 
                accepted government auditing standards.
                    (B) Access to information.--The Secretary shall 
                provide the independent external auditor the 
                information such auditor requires to conduct the audit 
                under paragraph (1). The independent external auditor 
                may inspect any records of and have access to personnel 
                of the National Oceanic and Atmospheric Administration 
                to obtain such information.
            (3) Report of the results of the audit.--Not later than 180 
        days after the initiation of the audit required by this 
        subsection, the independent external auditor shall submit a 
        report concerning the results of the audit to the Committee on 
        Science of the House of Representatives and the Committee on 
        Science, Commerce, and Transportation of the Senate.

SEC. 6. FACILITIES.

    (a) Operations, Research, and Facilities.--There are authorized to 
be appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out the Operations, Research, and 
Facilities marine research and related environmental research and 
development activities required to carry out Facilities Maintenance and 
Repairs and Environmental Compliance $5,717,000 for fiscal year 2000 
and $5,717,000 for fiscal year 2001, to remain available until 
expended.
    (b) Facilities Maintenance and Repairs.--Of the amounts authorized 
under subsection (a), $1,818,000 for fiscal year 2000 and $1,818,000 
for fiscal year 2001 shall be for Facilities Maintenance and Repairs.
    (c) Environmental Compliance.--Of the amounts authorized under 
subsection (a), $3,899,000 for fiscal year 2000 and $3,899,000 for 
fiscal year 2001 shall be for Facilities Environmental Compliance.

SEC. 7. FLEET MAINTENANCE, PLANNING AND REPLACEMENT.

    (a) Fleet Maintenance and Planning.--There are authorized to be 
appropriated to the Secretary to enable the National Oceanic and 
Atmospheric Administration to carry out the Operations, Research, and 
Facilities marine research and related environmental research and 
development activities of Fleet Maintenance and Planning $9,243,000 for 
fiscal year 2000 and $9,243,000 for fiscal year 2001, to remain 
available until expended.
    (b) Fleet Replacement.--There are authorized to be appropriated to 
the National Science Foundation $50,000,000 for fiscal year 2000 and 
$50,000,000 for fiscal year 2001, to remain available to expended, to 
meet the marine research and related environmental research and 
development data requirements of the National Oceanic and Atmospheric 
Administration set forth in the ``NOAA Fisheries Data Acquisition 
Plan'', dated September 1998, and that could also help meet the 
Nation's marine research and related environmental research and 
development needs. The National Science Foundation, in consultation 
with the Department of the Navy, the University-National Oceanic 
Laboratory System, academia, the National Oceanic and Atmospheric 
Administration, the private sector, and any other parties it considers 
appropriate, shall develop a strategy for meeting such requirements and 
other Federal marine research and related environmental research and 
development requirements, using funds appropriated under this 
subsection and at the lowest possible cost. The National Science 
Foundation shall consider all options, including various methods of 
acquiring vessel services, remote sensing, and any other possible 
means.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Director of the National Science Foundation shall submit 
to the Committee on Science of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report detailing the strategy developed pursuant to subsection (b) and 
a plan for implementing such strategy.
    (d) Notification Requirement for Reduction in Authorized Number of 
NOAA Corps Commissioned Officers.--Section 2(a)(3) of the Coast and 
Geodetic Survey Commissioned Officers' Act of 1948 (33 U.S.C. 
853a(a)(3)) is amended by inserting ``and the Committee on Science'' 
after ``Committee on Resources''.

SEC. 8. MARINE SERVICES.

    (a) Service Contracts.--Notwithstanding any other provision of law 
and subject to the availability of appropriations, the Secretary shall 
enter into contracts, including multiyear contracts, subject to 
subsection (c), for the use of vessels to conduct marine research and 
related environmental research and development activities, monitoring, 
enforcement, and management, and to acquire other data necessary to 
carry out the missions of the National Oceanic and Atmospheric 
Administration. The Secretary shall enter into these contracts unless--
            (1) the cost of the contract is more than the cost 
        (including the cost of vessel operation, maintenance, and all 
        personnel) to the National Oceanic and Atmospheric 
        Administration of obtaining those services on vessels of the 
        National Oceanic and Atmospheric Administration;
            (2) the contract is for more than 7 years; or
            (3) the data is acquired through a vessel agreement 
        pursuant to subsection (d).
    (b) Vessels.--The Secretary may not enter into any contract under 
this section for the construction, lease-purchase, upgrade, or service 
life extension of any vessel.
    (c) Multiyear Contracts.--
            (1) In general.--Subject to paragraphs (2) and (3), and 
        notwithstanding section 1341 of title 31, United States Code, 
        and section 11 of title 41, United States Code, the Secretary 
        may acquire data, including marine research and related 
        environmental research and development data, under multiyear 
        contracts.
            (2) Required findings.--The Secretary may not enter into a 
        contract pursuant to this subsection unless the Secretary finds 
        with respect to that contract that there is a reasonable 
        expectation that throughout the contemplated contract period 
        the Secretary will request from Congress funding for the 
        contract at the level required to avoid contract termination.
            (3) Required provisions.--The Secretary may not enter into 
        a contract pursuant to this subsection unless the contract 
        includes--
                    (A) a provision under which the obligation of the 
                United States to make payments under the contract for 
                any fiscal year is subject to the availability of 
                appropriations provided in advance for those payments;
                    (B) a provision that specifies the term of 
                effectiveness of the contract; and
                    (C) appropriate provisions under which, in case of 
                any termination of the contract before the end of the 
                term specified pursuant to subparagraph (B), the United 
                States shall only be liable for the lesser of--
                            (i) an amount specified in the contract for 
                        such a termination; or
                            (ii) amounts that were appropriated before 
                        the date of the termination for the performance 
                        of the contract or for procurement of the type 
                        of acquisition covered by the contract and are 
                        unobligated on the date of the termination.
    (d) Vessel Agreements.--The Secretary shall use excess capacity of 
University-National Oceanographic Laboratory System vessels where 
appropriate and may enter into memoranda of agreement with the 
operators of these vessels to carry out this requirement.

SEC. 9. REPEAL.

    The NOAA Fleet Modernization Act (33 U.S.C. 891 et seq.) is 
repealed.

SEC. 10. ELIGIBILITY FOR AWARDS.

    (a) In General.--The Administrator shall exclude from consideration 
for grant agreements for marine research and related environmental 
research and development activities made by the National Oceanic and 
Atmospheric Administration after fiscal year 1999 any person who 
received funds, other than those described in subsection (b), 
appropriated for a fiscal year after fiscal year 1999, under a grant 
agreement from any Federal funding source for a project that was not 
subjected to a competitive, merit-based award process. Any exclusion 
from consideration pursuant to this section shall be effective for a 
period of 5 years after the person receives such Federal funds.
    (b) Exception.--Subsection (a) shall not apply to the receipt of 
Federal funds by a person due to the membership of that person in a 
class specified by law for which assistance is awarded to members of 
the class according to a formula provided by law.
    (c) Definition.--For purposes of this section, the term ``grant 
agreement'' means a legal instrument whose principal purpose is to 
transfer a thing of value to the recipient to carry out a public 
purpose of support or stimulation authorized by a law of the United 
States, and does not include the acquisition (by purchase, lease, or 
barter) of property or services for the direct benefit or use of the 
United States Government. Such term does not include a cooperative 
agreement (as such term is used in section 6305 of title 31, United 
States Code) or a cooperative research and development agreement (as 
such term is defined in section 12(d)(1) of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))).
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