[House Report 104-237]
[From the U.S. Government Publishing Office]



104th Congress                                            Rept. 104-237
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     Part 2
_______________________________________________________________________


 
 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AUTHORIZATION ACT OF 
                                  1995

                                _______


 September 29, 1995.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1815]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1815) to authorize appropriations for the National 
Oceanic and Atmospheric Administration for fiscal year 1996, 
and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Oceanic and Atmospheric 
Administration Authorization Act of 1995''.

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) ``Administrator'' means the Administrator of the National 
        Oceanic and Atmospheric Administration.

                    TITLE I--NATIONAL OCEAN SERVICE

SEC. 101. NATIONAL OCEAN SERVICE.

  (a) Mapping, Charting, and Geodesy.--
          (1) Authorization of appropriations.--There are authorized to 
        be appropriated to the Secretary of Commerce, to enable the 
        National Ocean and Atmospheric Administration to carry out 
        mapping, charting, and geodesy activities (including geodetic 
        data collection and analysis) under the Act of 1947 and any 
        other law involving those activities, $58,500,000 for fiscal 
        year 1996 and $63,000,000 for fiscal year 1997.
          (2) Engineering services contracts.--The Secretary, subject 
        to the availability of appropriations, may award contracts for 
        hydrographic, geodetic, and photogrammetric 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.).
  (b) Observation and Assessment.--(1) There are authorized to be 
appropriated to the Secretary of Commerce, to enable the National 
Oceanic and Atmospheric Administration to carry out observation and 
assessment activities, $50,500,000 for each of fiscal years 1996 and 
1997.
  (2) Of the sums authorized under paragraph (1), $5,000,000 for each 
of fiscal years 1996 and 1997 are authorized to be appropriated for the 
purposes of conducting a Coastal Ocean Program. Such program shall 
augment and integrate existing programs of the National Oceanic and 
Atmospheric Administration, and shall include efforts to improve 
predictions of fish stocks to better conserve and manage living marine 
resources, to improve predictions of coastal ocean pollution to help 
correct and prevent degradation, and to improve predictions of coastal 
hazards to protect human life and personal property.

SEC. 102. OCEAN AND GREAT LAKES RESEARCH.

  There are authorized to be appropriated to the Secretary of Commerce, 
to enable the National Oceanic and Atmospheric Administration to carry 
out ocean and Great Lakes research activities under the Act of 1947, 
the Act of 1890, and any other law involving those activities, 
$13,000,000 for each of fiscal years 1996 and 1997.

SEC. 103. NATIONAL UNDERSEA RESEARCH PROGRAM.

  (a) Establishment.--The Secretary of Commerce shall--
          (1) establish and maintain within the Administration a 
        program to be known as the National Undersea Research Program 
        (in this section referred to as the ``Program''); and
          (2) under the Program, establish and maintain regional 
        National Undersea Research Centers.
  (b) Purpose.--The purpose of the Program shall be to increase 
knowledge essential for the wise use and preservation of oceanic, 
coastal, and large lake resources through advanced undersea 
exploration, sampling observation, and experimentation addressing 
issues of regional, national, and global importance.
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Commerce--
          (1) to administer the Program, $1,800,000 for each of fiscal 
        years 1996 and 1997; and
          (2) for grants and contracts to regional National Undersea 
        Research Centers, $16,200,000 for each of fiscal years 1996 and 
        1997.

                 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)--
                  (A) by striking ``and'' after ``1992'' and inserting 
                a comma; and
                  (B) by inserting before the period at the end the 
                following: ``, $45,000,000 for each of fiscal years 
                1996 and 1997'';
          (2) in section 3(a)--
                  (A) by striking ``and'' after ``1992'' and inserting 
                a comma; and
                  (B) by inserting before the period at the end the 
                following: ``, $27,000,000 for each of fiscal years 
                1996 and 1997'';
          (3) in section 4(a)--
                  (A) by striking ``and'' after ``1992'' and inserting 
                a comma; and
                  (B) by inserting before the period at the end the 
                following: ``, $18,000,000 for each of fiscal years 
                1996 and 1997''; and
          (4) in section 2(e)--
                  (A) by striking ``1992 and 1993'' and inserting 
                ``1996 and 1997'';
                  (B) by striking ``establish'' and inserting 
                ``operate'';
                  (C) by striking ``306'' and inserting ``307''; and
                  (D) by striking ``1991'' and inserting ``1992''.

                  TITLE III--MISCELLANEOUS PROVISIONS

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 (including 
management, administrative support, provision of retired pay of 
National Oceanic and Atmospheric Administration commissioned officers, 
and policy development) under 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.), and any other law 
involving those activities, $60,000,000 for each of fiscal years 1996 
and 1997.
  (b) Acquisition, Construction, Maintenance, and Operation of 
Facilities.--There are authorized to be appropriated to the Secretary 
of Commerce, for acquisition, construction, maintenance, and operation 
of facilities of the National Oceanic and Atmospheric Administration 
under any law involving those activities, $43,000,000 for fiscal year 
1996, and such sums as may be necessary for fiscal year 1997.
  (c) 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, $60,000,000 for each of fiscal 
years 1996 and 1997.

SEC. 302. 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. 303. CLEANUP OF NOAA FACILITIES.

  (a) In General.--The Secretary of Commerce shall cleanup landfills, 
wastes, dumps, debris, storage tanks, property, hazardous or unsafe 
conditions, and contaminants (including, without limitation, petroleum 
products and their derivatives), on lands which the National Oceanic 
and Atmospheric Administration and its predecessor agencies abandoned, 
quitclaimed, or otherwise transferred, or is obligated to transfer, to 
local entities or landowners on the Pribilof Islands, Alaska, pursuant 
to the Fur Seal Act of 1966 (16 U.S.C. 1161 et seq.).
  (b) Specific Requirements.--To carry out subsection (a), the 
Secretary shall--
          (1) by December 31, 1995, executive agreements with the State 
        of Alaska, affected local entities and landowners, and in the 
        case of new landfills, the Indian Health Service;
          (2) manage the cleanup required in subsection (a) with the 
        minimum possible Federal overhead, delay, and duplication of 
        State and local planning and design work;
          (3) receive approval of the State of Alaska for the cleanup 
        plans prepared as a result of the agreements described in 
        subsection (b)(1) where said cleanup is required by State law;
          (4) receive approval of affected local entities and 
        landowners before conducting cleanup work on their property, if 
        such approval is not obtained by agreement in accordance with 
        paragraph (5);
          (5) to the maximum extent possible, and notwithstanding any 
        other law, carry out duties under this Act and under other 
        Federal laws on the Pribilof Islands through contracts, grants, 
        or cooperative agreements, including agreements on a 
        reimbursable basis, with the local entities and landowners and 
        with residents of the Pribilof Islands; and
          (6) not require financial contributions by or from local 
        entities or landowners.
  (c) Contents of Agreements.--The agreements described in subsection 
(b)(1) shall--
          (1) require the Secretary to clean up all sites referred to 
        in subsection (a), as soon as possible;
          (2) specify the Secretary's responsibility to--
                  (A) contribute to the planning and construction of 
                new or redeveloped landfills;
                  (B) provide technical and financial assistance and 
                training to the local entities and landowners and 
                residents of the Pribilof Islands; and
                  (C) to the greatest extent possible, secure their 
                participation in carrying out this section.
  (d) Definitions.--For purposes of this section--
          (1) the term ``cleanup'' means, without limitation, planning 
        and execution of remediation actions for lands described in 
        subsection (a) and redevelopment of landfills to meet 
        regulatory requirements; and
          (2) the term ``local entities and landowners'' means those 
        local political subdivisions and entities that have received or 
        are eligible to receive lands under the Fur Seal Act of 1966 
        (16 U.S.C. 1161 et seq.)

SEC. 304. NOAA FLEET MODERNIZATION.

  (a) Service Contracts.--Notwithstanding any other provision of law 
and subject to the availability of appropriations, the Administrator 
shall enter into contracts, including multiyear contracts, subject to 
subsection (d), for the use of vessels to conduct oceanographic 
research and fisheries research, monitoring, enforcement, and 
management, and for the use of vessels to acquire mapping and charting 
data necessary to carry out the missions of the Administration. The 
Administrator 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 Administration of obtaining those services on vessels of 
        the Administration;
          (2) the contract is for more than 7 years;
          (3) the Administrator finds that it is not in the public 
        interest to do so; or
          (4) the data is acquired through a vessel agreement pursuant 
        to subsection (e).
  (b) Report.--The Administrator shall report to Congress by February 
1, 1996, on the need to own, lease, or charter vessels to acquire data.
  (c) Vessels.--After the date of the enactment of this Act, the 
Administrator may not enter into any contract for the construction, 
lease-purchase, or service life extension of any vessel unless 
specifically authorized by Congress.
  (d) Multiyear Contracts.--
          (1) In general.--Subject to paragraphs (2) and (3), and 
        notwithstanding section 1341 of title 31 and section 11 of 
        title 41, the Administrator may acquire data under multiyear 
        contracts.
          (2) Required findings.--The Administrator may not enter into 
        a contract pursuant to this subsection unless the Administrator 
        finds with respect to that contract that there is a reasonable 
        expectation that throughout the contemplated contract period 
        the Administrator will request from Congress funding for the 
        contract at the level required to avoid contract termination.
          (3) Required provisions.--The Administrator 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--
                                  (I) 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
                                  (II) are unobligated on the date of 
                                the termination.
  (e) Vessel Agreements.--The Administrator 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.
  (f) Transfer of Excess Vessels.--The Administrator shall transfer any 
vessels found excess to the needs of the Administration to the National 
Defense Reserve Fleet. Notwithstanding any other provision of law, 
these vessels may be scrapped in accordance with section 1160(i) of 
title 46 App. United States Code.
  (g) Vessel Retirement Fund.--There shall be established in the 
Treasury a National Marine Resources Administration Vessel Retirement 
Fund. Notwithstanding any other provision of law, 95 percent of amounts 
received by the United States--
          (1) from the scrapping of Administration vessels transferred 
        to the National Defense Reserve Fleet; and
          (2) in settlement of, or judgment for, damage claims arising 
        from the October 9, 1992, collision of the vessel ZACHARY into 
        the National Oceanic and Atmospheric Administration research 
        vessel DISCOVERER,
shall be deposited in such Fund. Expenditures from such Fund shall 
cover the Maritime Administration's costs of laying up and selling the 
vessels. Any additional moneys in such Fund shall be used by the 
Administration to make separation payments to commissioned officers of 
the National Oceanic and Atmospheric Administration.

SEC. 305. TERMINATION OF THE NATIONAL OCEANIC AND ATMOSPHERIC 
                    ADMINISTRATION CORPS OF COMMISSIONED OFFICERS.

  (a) Number of Officers.--Notwithstanding section 8 of the Act of June 
3, 1948 (33 U.S.C. 853g), the total number of commissioned officers on 
the active list of the National Oceanic and Atmospheric Administration 
shall not exceed 358 for fiscal year 1996 and 50 for fiscal year 1997. 
No commissioned officers are authorized for any fiscal year after 
fiscal year 1997.
  (b) Separation Pay.--The Secretary of Commerce may separate 
commissioned officers from the active list of the National Oceanic and 
Atmospheric Administration, and may do so without providing separation 
pay.
  (c) Transfer.--
          (1) Transfer to armed services.--Subject to the approval of 
        the Secretary of Defense and under terms and conditions 
        specified by the Secretary, commissioned officers subject to 
        subsection (a) may transfer to the armed services under section 
        716 of title 10, United States Code.
          (2) Transfer to coast guard.--Subject to the approval of the 
        Secretary of Transportation and under terms and conditions 
        specified by the Secretary, commissioned officers subject to 
        subsection (a) may transfer to the Coast Guard under section 
        716 of title 10, United States Code.
          (3) Transfer to administration as member of civil service.--
        Subject to the approval of the Administrator and under terms 
        and conditions specified by the Administrator, commissioned 
        officers subject to subsection (a) who on the date of enactment 
        of this Act have been assigned for a period of one year or more 
        to the programs transferred to the Administration by this Act 
        (other than those associated with the modernization of the 
        National Oceanic and Atmospheric Administration fleet or the 
        operations of the National Oceanic and Atmospheric 
        Administration Corps of Commissioned Officers) may transfer to 
        the Administration as members of the civil service.
  (d) Repeals.--
          (1) In general.--The following provisions of law are 
        repealed:
                  (A) The Coast and Geodetic Survey Commissioned 
                Officers' Act of 1948 (33 U.S.C. 853a-853o, 853p-853u).
                  (B) Section 5 of the Act of February 16, 1929 
                (Chapter 221; 45 Stat. 1187).
                  (C) The Act of January 19, 1942 (Chapter 6; 56 Stat. 
                6).
                  (D) Section 9 of Public Law 87-649 (76 Stat. 495).
                  (E) Section 16 of the Act of May 22, 1917 (Chapter 
                20; 40 Stat. 87; 33 U.S.C. 854 et seq.).
                  (F) The Act of December 3, 1942 (Chapter 670; 56 
                Stat. 1038).
                  (G) Sections 1 through 5 of Public Law 91-621 (84 
                Stat. 1863; 33 U.S.C. 857-1 et seq.).
                  (H) Section 3 of the Act of August 10, 1956 (Chapter 
                1041; 70A Stat. 619; 33 U.S.C. 857a).
                  (I) Section 11 of the Act of May 18, 1920 (Chapter 
                190; 41 Stat. 603; 33 U.S.C. 864).
                  (J) The Act of July 22, 1947 (Chapter 286; 61 Stat. 
                400; 33 U.S.C. 873, 874).
                  (K) The Act of August 3, 1956 (Chapter 932; 70 Stat. 
                988; 33 U.S.C. 875, 876).
                  (L) All other Acts inconsistent with this subsection.
          (2) Effective date.--The effective date of the repeals under 
        paragraph (1) shall be September 30, 1997.
  (e) Unexpended Balances.--Unexpended balances of appropriations, 
allocations, and other funds available or made available in connection 
with the National Oceanic and Atmospheric Administration Corps of 
Commissioned officers may be used by the Administrator for payments 
under section 8 of the Act of June 3, 1948 (33 U.S.C. 853g).
  (f) Abolition.--The Office of the National Oceanic and Atmospheric 
Administration Corps of Operations and the Commissioned Personnel 
Center are abolished effective September 30, 1997.

SEC. 306. OTHER TERMINATIONS.

  The following programs of the National Oceanic and Atmospheric 
Administration are terminated:
          (1) The National Oceanic and Atmospheric Administration Fleet 
        Modernization Program.
          (2) The Global Learning and Observations to Benefit the 
        Environment Program.
          (3) The Sea Grant oyster disease account.
          (4) The Sea Grant zebra mussel account.
          (5) VENTS.
          (6) The Charleston, South Carolina Special Management Plan.
          (7) The Lake Champlain study.
          (8) The South Carolina cooperative geodetic survey.
          (9) The Chesapeake Bay data buoys (as of September 30, 1996).
          (10) Great Lakes nearshore research.
          (11) Mussel watch.
Any unobligated balances appropriated to carry out any program referred 
to in this subsection shall be transferred to the general fund of the 
Treasury.

SEC. 307. REPEALS.

  The following are repealed:
          (1) The National Advisory Committee on Oceans and Atmosphere 
        Act of 1977, Public Law 95-63, 91 Stat. 265 (33 U.S.C. 857-13 
        through 857-18).
          (2) The Ocean Thermal Conversion Act of 1980 (42 U.S.C. 9101 
        et seq.).
          (3) Title IV of the Marine Protection, Research, and 
        Sanctuaries Act of 1972 (16 U.S.C. 1447 et seq.).
          (4) Title V of the Marine Protection, Research, and 
        Sanctuaries Act of 1972 (33 U.S.C. 2801 et seq.).
          (5) The Great Lakes Shoreline Mapping Act of 1987 (33 U.S.C. 
        883a note).
          (6) The Great Lakes Fish and Wildlife Tissue Bank Act (16 
        U.S.C. 943 et seq.).
          (7) The Nonindigenous Aquatic Nuisance Prevention and Control 
        Act of 1990 (16 U.S.C. 4701 et seq.).
          (8) Section 3 of the Sea Grant Program Improvement Act of 
        1976 (33 U.S.C. 1124a).
          (9) Section 305 of the Coastal Zone Management Act of 1972 
        (16 U.S.C. 1454) is repealed effective October 1, 1998.
          (10) The NOAA Fleet Modernization Act (33 U.S.C. 891 et 
        seq.).
          (11) Public Law 85-342 (72 Stat. 35; 16 U.S.C. 778 et seq.), 
        relating to fish research and experimentation.
          (12) The first section of the Act of August 8, 1956 (70 Stat. 
        1126; 16 U.S.C. 760d), relating to grants for commercial 
        fishing education.
          (13) Public Law 86-359 (16 U.S.C. 760e et seq.), relating to 
        the study of migratory marine gamefish.
          (14) The Act of August 15, 1914 (Chapter 253; 38 Stat. 692; 
        16 U.S.C. 781 et seq.), prohibiting the taking of sponges in 
        the Gulf of Mexico and the Straits of Florida.

SEC. 308. BUDGET PRESENTATION.

  The Administrator shall develop a revised budget structure that 
displays the amounts requested under a true program office and activity 
structure. This budget structure shall identify and segregate amounts 
requested for headquarters and field office components of various 
activities as well as indicate the amounts intended for external grants 
or contracts. The Administrator shall develop this budget structure in 
consultation with the Committee on Appropriations and the Committee on 
Resources of the House of Representatives, and shall use this revised 
budget structure in the submission of the fiscal year 1997 budget 
request of the Administrator.

SEC. 309. SOUTH FLORIDA COASTAL OCEAN STUDIES.

  (a) In General.--The Administrator may implement an integrated 
program to study the role of ocean circulation in coastal ocean 
processes affecting the health of South Florida's coastal ecosystems 
and fisheries, including the effects of pollutants on living marine 
resources.
  (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator to carry out this section $1,350,000 
for each of fiscal years 1996 and 1997.

SEC. 310. OCEAN APPLICATIONS BRANCH.

  (a) Establishment.--The Secretary of Commerce shall establish and 
maintain within the Administration a program to be known as the Ocean 
Application Branch (in this section referred to as the ``Branch'').
  (b) Purpose.--The purpose of the Branch shall be to make 
meteorological and other weather information developed by the 
Department of Defense Fleet Numerical Meteorology and Oceanography 
Center available for private, educational, and government use pursuant 
to agreement between the Secretary of Defense and the Secretary of 
Commerce. It shall be the goal of the Secretary of Commerce to support 
the activities of the Ocean Applications Branch through user fees.
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated up to $450,000 to support the operation of the Branch not 
supported by user fees.
  (d) Limitation on Closure.--The Secretary of Commerce shall not 
terminate operation of the Branch, before the Branch fully funds its 
operations through user fees or fiscal year 2000, whichever comes 
first.

                          Purpose of the Bill

    The purpose of H.R. 1815 is to authorize certain programs 
within the National Oceanic and Atmospheric Administration for 
Fiscal Years (FY) 1996 and 1997.

                  Background and Need for Legislation

    H.R. 1815 was referred to the Resources Committee because 
the committee has jurisdiction over the fish, coastal and ocean 
programs within the National Oceanic and Atmospheric 
Administration (NOAA). The Rules of the House give the 
Resources Committee jurisdiction over ``Fisheries and wildlife, 
including research, restoration, refuges and conservation'', 
``Marine affairs (including coastal zone management) * * *'', 
and ``Oceanography''.

NOAA

    NOAA consists of five line offices: the National Weather 
Service, the National Marine Fisheries Service (NMFS), the 
National Ocean Service (NOS), the Office of Oceanic and 
Atmospheric Research (OAR), and the National Environmental 
Satellite Data and Information System. The agency was created 
by Executive Order in 1970.
    The NOAA budget consists of three major accounts: 
Operations, Research, and Facilities; Construction; and Fleet 
Modernization, Shipbuilding, and Conversion. The agency budget 
also contains several small single-purpose funds related to 
fisheries. The Operations Research, and Facilities account 
includes more than 90 percent of the funding for NOAA programs.

National Ocean Service (NOS)

    NOS manages ocean and coastal resources; provides ocean 
observations; produces nautical aeronautical navigation charts 
and related products; and performs geodetic survey. NOS 
programs include nautical mapping and charting, coastal zone 
management, marine sanctuaries, and the Coastal Ocean Program.
            Mapping and charting
    Under current NOS nautical mapping and charting operations, 
it will take 40 years to complete surveys of ocean and coastal 
areas that are critical for resource management, U.S. commerce 
and protection of the coastal environment.
    Currently, hydrographic surveys and chart creation and 
production are done primarily by government workers. NOAA is 
investing in new digital map production technology, and 
experimenting with contracting for hydrographic survey work. 
Given the capital cost involved in replacing the rapidly aging 
government-owned hydrographic fleet, it is likely that there 
will be greater use of contracting for private survey work in 
the future. Efforts are currently underway to establish uniform 
standards for survey work performed by contractors.
            Observation and assessment
    Observation and prediction work includes the National Water 
Levels Program, the Coastal Circulation Program and the 
Observation, Analysis and Prediction Program. These programs 
gather tidal and water level data necessary for accurate charts 
and tide prediction tables and for baseline figures for use in 
sea level change research.
    The Estuarine and Coastal Assessment work is done through 
the Office of Ocean Resources Conservation and Assessment. The 
Office maintains the National Estuarine, Coastal Wetlands and 
Coastal Pollution Discharge Inventories, and systems for 
accessing the data contained in these inventories. The National 
Status and Trends Program, which monitors concentrations of 
toxic organic compounds in marine species, is also carried out 
by this office.
    The Coastal Ocean Program is a multi-disciplinary effort by 
various NOAA line offices aimed at improving the scientific 
basis for policy and management decisions.
            Ocean and coastal management
    The Office of Ocean and Coastal Resources Management 
oversees the Coastal Zone Management Act (CZMA) and the 
National Marine Sanctuaries Act. Twenty-nine States have 
approved coastal zone management plans. The Office also 
oversees the 22 national estuarine research reserve programs, 
and 14 national marine sanctuaries.
    The coastal zone management program provides States with 
incentives to develop coastal zone management plans that meet 
broad Federal guidelines. States with approved Federal plans 
are eligible for Federal grants and more importantly, are given 
the right to review proposed Federal actions for 
``consistency'' with State plans.
    The State coastal zone management programs and the national 
estuarine research reserve programs are authorized under CZMA, 
which expires this year. The Act was originally passed in 1972. 
The marine sanctuaries program is up for reauthorization next 
year.

National Marine Fisheries Service (NMFS)

    The National Marine Fisheries Service (NMFS) is responsible 
for the management of marine and anadromous fisheries in the 
United States Exclusive Economic Zone (EEZ). Fisheries in the 
EEZ are managed under the Magnuson Fishery Conservation and 
Management Act, which provides authority for Federal fishery 
management plans and the Regional Fishery Management Councils 
that prepare those plans. The agency also implements portions 
of the Endangered Species and the Marine Mammal Protection 
Acts.
    NMFS assists States in conducting multi-state management 
efforts under the Anadromous Fish Conservation Act, the 
Interjurisdictional Fisheries Act, and the Atlantic States 
Cooperative Fisheries Management Act. NMFS also implements 
NOAA's Marine Fisheries Program Authorization Act. The Act 
authorizes NMFS' general marine fisheries activities including 
research, hatchery operations, fishery management plans, 
habitat conservation, protected species management, product 
quality and grants to States for improving management of 
interstate fisheries.

Oceanic and Atmospheric Research (OAR)

    OAR programs provide the research and technology 
development necessary to improve NOAA services and provide the 
scientific basis for national policy decisions. Research is 
conducted by NOAA and university scientists through a network 
of 11 Environmental Research Laboratories, 29 Sea Grant 
programs, 6 Undersea Research Centers, and 8 cooperative 
laboratories with universities.
    In FY 1995, roughly $167 million of the OAR budget went to 
Climate and Air Quality Research and Atmospheric Programs, and 
$97 million went to marine prediction research, Sea Grant, and 
the National Undersea Research Program.
    In providing authority for a coastal ocean studies program 
on the role of ocean circulation in coastal ocean processes 
affecting South Florida's ecosystems and fisheries, it is the 
Committee's intent to enable NOAA to advance the integration of 
two vital and continuing NOAA initiatives--the Southeast United 
States and Caribbean Fisheries Oceanographic, Collaborative 
Investigation and the South Florida Pollution Prevention 
Research Center. The Committee intends that these two 
initiatives be implemented as an integrated program through the 
Rosenstiel School of Marine and Atmospheric Science.

The NOAA Commissioned Officer Corps and the NOAA Fleet

            The corps
    The 350-plus member NOAA Commissioned Officers Corps is 
responsible for the agency's fleet and airplane operations. The 
Corps was established as part of the U.S. Navy in 1917, but 
soon operated as an independent agency, the Coast and Geodetic 
Survey. The Survey was transferred to the Department of 
Commerce and then in 1970 to NOAA, when that agency was 
created. Corps officers (there are no enlisted Corps members) 
get military rather than civilian personnel benefits. The 
officers rotate through shoreside posts between sea and air 
operational assignments.
    Programs of the Corps argue that their personnel costs are 
equivalent to the cost of civilian employees, and that their 
service throughout NOAA's line offices provides the agency with 
much needed program integration. Opponents of the Corps believe 
that military benefits are not justified by their job 
requirements, and that Corps members run up NOAA's personnel 
costs unnecessarily. In fact, in 1990 the Department of 
Commerce Inspector General concluded that NOAA Corps personnel 
assigned to shore-based management and technical support duties 
were ``far more costly than the use of equivalent civilian 
personnel''--59 percent more.
    In addition, the Department of Commerce General Counsel 
recently stated that the Department plans to eliminate the 
Corps as part of its effort to streamline and reinvent services 
under the National Performance Review.
            NOAA fleet
    NOAA maintains an active fleet of 18 oceanographic, fishery 
research and hydrographic vessels which provide NOAA with 3,500 
days at sea. Most of these vessels are reaching the end of 
their useful life, and NOAA has been studying the fleet's 
future for several years. In 1993, NOAA submitted to Congress 
an ambitious 15-year fleet replacement and modernization plan 
with an estimated cost of $1.9 billion. The Administration has 
not requested or received adequate funds to implement that 
plan.
    Under the terms of the plan, NOAA should have completed 
three vessel conversions, two ship-life extensions, and begun 
construction on two new vessels by the end of FY 1996. At 
current spending levels, NOAA will have finished one conversion 
and one ship-life extension by the end of FY 1996, and will 
have built one vessel by the end of FY 1997.
    Funding realities have led NOAA to revise the 1993 plan and 
look seriously at chartering alternatives to meet their 
research days-at-sea needs. The new plan is now under review at 
the Commerce Department, and is expected to be significantly 
different from the 1993 plan. It is expected to call for fewer 
days at sea, significantly more contracting for services, and a 
much lower overall price tag than the current plan.
    The Federal Government also contributes to a second 
oceanographic fleet which is run by the University-National 
Oceanographic Laboratory System (UNOLS). This consortium of 56 
universities and research institutions coordinates the 
activities of the Nation's academic research fleet. UNOLS 
operates 25 vessels ranging in length from a 60-foot coastal 
research ship to vessels nearly 300 feet in length, capable of 
high latitude, open ocean research. Most of these vessels were 
originally purchased by the Navy or the National Science 
Foundation, and are operated by individual institutions with 
funding provided through research grants, mainly from the 
National Science Foundation.
    The Navy is currently building two new general purpose 
oceanographic research vessels over 200 feet in length, which 
will be turned over to UNOLS institutions for operation. 
Although one or more UNOLS vessels may be retired when the new 
vessels are operational, the UNOLS fleet's open ocean research 
capacity may still exceed demand for ship time in the coming 
years, particularly if ocean research funding decreases.

                            Committee Action

    H.R. 1815 was introduced on June 13, 1995, by Congressman 
Rohrabacher. The bill was referred to the Committee on Science, 
and in addition to the Committee on Resources. Within the 
Resources Committee, the bill was referred to the Subcommittee 
on Fisheries, Wildlife and Oceans.
    On February 16, 1995, the Subcommittee held a hearing on 
the National Oceanic and Atmospheric Administration FY 1996 
budget request. Testimony was received from the Honorable D. 
James Baker, Under Secretary for Oceans and Atmosphere, 
Department of Commerce.
    On June 15, 1995, the Subcommittee held an oversight 
hearing on the National Oceanic and Atmospheric Administration 
in anticipation of action on NOAA authorizing legislation. 
Testimony was received from NOAA, the Consortium for 
Oceanographic Research and Education, the Ocean Studies Board 
of the National Research Council, the National Fisheries 
Institute, the Center for Marine Conservation, and the American 
Pilots' Association.
    On September 13, 1995, the Resources Committee met to mark 
up H.R. 1815. The Subcommittee on Fisheries, Wildlife and 
Oceans was discharged from consideration of the bill by voice 
vote. Chairman Don Young offered a substitute amendment 
authorizing fishery, coastal and ocean programs within NOAA 
that are not otherwise authorized for FY's 1996 and 1997 and 
making other changes to NOAA operations.
    Mr. Farr offered an amendment to the Young amendment to 
prevent the closing of the Ocean Applications Branch before FY 
2000, or the date at which it fully funds its operations 
through user fees, whichever comes first. The amendment was 
adopted by voice vote.
    The Young amendment, as amended, was adopted by voice vote. 
The bill as amended was then ordered favorably reported to the 
House of Representatives.

                      Section-by-Section Analysis

    Section 1 lists the short title as the National Oceanic and 
Atmospheric Authorization Act of 1995.
    Section 2 defines terms used in the Act.
    Title I authorizes selected programs in the National Ocean 
Service.
    Section 101 authorizes the mapping, charting and geodesy 
functions at $58.5 million for FY 1996, the level in the House-
passed Department of Commerce appropriation bill, and at $63 
million for FY 1997. The section also authorizes $50.5 million 
for observation and assessment functions for FYs 1996 and 1997. 
Of that amount, $5 million is authorized for the Coastal Ocean 
Program. These levels also reflect House-passed appropriations 
levels.
    Section 102 authorizes Ocean and Great Lakes Research at 
the House-passed appropriations level of $13 million for FY 
1996 and 1997.
    Section 103 authorizes the National Undersea Research 
Program at a total of $18 million for FY 1996 and 1997. This is 
the FY 1995 appropriated level.
    Title II authorizes NOAA marine fishery programs that are 
not otherwise authorized. Programs authorized under the Marine 
Fisheries Program Authorization Act are authorized for FYs 1996 
and 1997 at the total House-passed FY 1996 appropriations level 
of $90 million. NOAA's Chesapeake Bay Office is also 
reauthorized for FYs 1996 and 1997.
    Title III contains several miscellaneous provisions.
    Section 301 authorizes program support at $60 million for 
FYs 1996 and 1997, construction for $43 million in FY 1996 and 
such sums as may be necessary in FY 1997, and Marine Services 
at $60 million for FYs 1996 and 1997. The FY 1996 funding 
amounts all reflect the House-passed FY 1996 appropriated 
level.
    Section 302 conveys a National Marine Fisheries Laboratory 
at Gloucester, Massachusetts, to the Commonwealth of 
Massachusetts.
    Section 303 directs the Secretary of Commerce to clean up 
lands transferred to non-Federal owners under the Fur Seal Act.
    Section 304 requires that any additional ships brought into 
the NOAA fleet must have specific Congressional authorization. 
The Administrator is to acquire data to carry out NOAA 
functions through contracts for services and use of University 
National Oceanographic Laboratory System vessels, rather than 
through NOAA-owned vessels, unless he can prove that the NOAA-
owned vessels are more cost effective. Excess NOAA vessels are 
to be transferred to the Maritime Administration and scrapped.
    Section 305 terminates the National Oceanic and Atmospheric 
Administration Corps of Commissioned Officers by the end of FY 
1997. The Committee does not intend by abolishing the NOAA 
Corps to also affect the wage mariners who currently operate 
the NOAA ships, but expects NOAA to continue to utilize these 
mariners for those vessels retained and operated by the agency. 
It is also not the Committee's intent to abrogate any existing 
retirement benefits or privileges to which Corps officers are 
entitled under current law and will seek clarifying language to 
that effect before H.R. 1815 is considered by the full House of 
Representatives.
    Section 306 terminates low priority, duplicative or 
superseded programs.
    Section 307 repeals laws which are duplicative, have 
received little or no funding, have been superseded, or are not 
national priorities.
    Section 308 directs the Administrator to develop a revised 
budget structure which gives Congress budget information in a 
more useful form.
    Section 309 authorizes South Florida Coastal Ocean Studies 
at $1.35 million for each of FYs 1996 and 1997.
    Section 310 prohibits the closure of the Oceans 
Applications Branch before FY 2000, or the date at which the 
Branch is able to fully fund its operations through user fees, 
whichever comes first.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of Rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of Rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of Rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 1815 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        Cost of the Legislation

    Clause 7(a) of Rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 1815. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
Rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
1815 does not contain any new budget authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
Rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 1815.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
Rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
1815 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 27, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has not 
yet completed our review of H.R. 1815, the National Oceanic and 
Atmospheric Administration Authorization Act of 1995, as 
ordered reported by the House Committee on Resources on 
September 13, 1995. On a preliminary basis, we estimate that 
enacting H.R. 1815 would increase direct spending; therefore, 
pay-as-you-go procedures would apply to the bill. However, the 
increase in direct spending would be less than $500,000 and 
would be a one-time event in either 1996 or 1997.
    The bill specifies authorizations of appropriations of 
about $395 million for fiscal year 1996, about $400 million for 
fiscal year 1997, and about $450,000 for fiscal years 1998 
through 2000. In addition, CBO estimates that the bill 
authorizes spending for additional activities that would cost 
up to $50 million over the 1996-2000 period. Assuming 
appropriations of all amounts authorized, we estimate--on a 
preliminary basis--that NOAA spending authorized by H.R. 1815 
would total about $810 million over the 1996-2000 period.
    CBO will provide a final cost estimate for H.R. 1815 as 
soon as our review of the bill is complete. If you wish further 
details on this preliminary estimate, we will be pleased to 
provide them. The CBO staff contact is Gary Brown.
            Sincerely,
                                              James L. Blum
                                             (For June E. O'Neill).

                          Departmental Reports

    The Committee received a report on H.R. 1815 from the 
Department of Commerce on September 8, 1995. No other reports 
have been received on H.R. 1815.

               General Counsel of the United States
                                    Department of Commerce,
                                 Washington, DC, September 8, 1995.
Hon. Don Young,
Chairman, Committee on Resources, House of Representatives,
Washington, DC.
    Dear Mr. Chairman: This letter responds to your request for 
views on H.R. 1815 as reported by the House Science Committee. 
H.R. 1815 would authorize appropriations for the National 
Oceanic and Atmospheric Administration (NOAA) for fiscal year 
1996. Our views concerning the programs within the jurisdiction 
of the Resources Committee, primarily fisheries and oceanic 
issues, are included in an enclosure. The Department's views 
regarding programs within the Science Committee's jurisdiction 
are contained in a June 19th letter, also enclosed.
    The Department is seriously concerned that the 
authorization levels are inconsistent with the President's FY 
1996 budget request and will cripple NOAA's principal missions 
to predict, observe, measure, assess and chart the oceans and 
their resources, and to protect lives, property and the economy 
associated with ocean resources. For example, H.R. 1815 would 
authorize appropriations of no more than $1,692,470,000 for 
activities associated with Operations, Research and Facilities, 
whereas the President's FY 1996 budget request was for 
$2,097,835,000.
    Congress faces difficult decisions in reducing the Federal 
budget deficit. Reductions should not sacrifice our ability to 
provide decisionmakers with sufficient, sound, technical 
information to formulate national and regional policy 
concerning ocean and climate issues. At risk are important 
services that directly affect the Nation: managing marine 
fisheries to maximize economic benefits; protecting citizens 
and their property from storm surge and coastal erosion; 
predicting the consequences of climate phenomena such as El 
Nino; and reducing by one-third the approximately $1 billion in 
losses annually resulting from navigation mishaps.
    The Department looks forward to working with you and your 
staff to improve this legislation.
    The Office of Management and Budget advises that there is 
no objection to the submission of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                           Kathleen Ambrose
                                                  (For Ginger Lew).

    department of commerce comments--noaa authorization act of 1995

National Marine Fisheries Service (NMFS)

            Marine fisheries programs
    We recommend that H.R. 1815 be amended to reflect the 
priorities and funding levels in the President's FY 1996 budget 
concerning marine fishery programs.
    H.R. 1815, as reported by the House Science Committee, does 
not provide for adequate authorizations for NMFS programs. 
While the Science Committee does not have jurisdiction over 
NMFS programs, the bill reported by the Committee contains 
authorizations for NMFS that would be below the FY 1993 level 
and $105 million less than the level requested for FY 1996. 
Separate authorizations for NMFS programs included in the 
Magnuson Fishery Conservation and Management Act, the Marine 
Mammal Protection Act, and the Endangered Species Act would 
also be impacted by H.R. 1815.
    Authorization levels for NMFS programs consistent with the 
President's budget request are critical to ensure adequate 
management of the Nation's $3.5 billion commercial fishing 
industry, enforce fisheries regulations to prevent overfishing, 
and rebuild depleted stocks to healthy levels. The 
authorization levels described below are particularly important 
to protecting and restoring marine and coastal habitats, 
managing of anadromous and interjurisdictional fisheries, and 
improving the quality and safety of fishery products for human 
consumption. Finally, the authorization levels resulting from 
H.R. 1815 would require the closure of a number of fisheries 
labs and science centers around the country as well as Columbia 
River hatcheries important to the Northwest salmon fishery.
    We suggest that the Resources Committee amend H.R. 1815 to 
authorize appropriations for NMFS programs described below. 
Specific draft language is provided at Tab A.
    1. The National Oceanic and Atmospheric Administration 
Marine Fisheries Program Authorization Act (97 Stat. 1409; 
Public Law No. 98-210, as amended).
    This Act authorized NMFS fisheries programs not otherwise 
authorized by other laws, such as the Magnuson Act, Endangered 
Species Act, and Marine Mammal Protection Act. It provides 
appropriations authorizations for fisheries conservation and 
management operations, fisheries information collection and 
analysis, and fisheries state and industry assistance programs. 
Examples include development of habitat restoration techniques, 
dissemination of scientific data, market development for 
fishery products, restoration of the Chesapeake Bay, and 
conservation of Antarctic living marine resources.
    2. The Anadromous Fish Conservation Act (16 U.S.C. 
Sec. Sec. 757a-757g; Pub. L. No. 89-304).
    This Act authorizes the Secretary of Commerce, the 
Secretary of the Interior, or both, to enter into cooperative 
agreements for the purpose of protecting anadromous and Great 
Lakes fishery resources. The Secretary of Commerce cooperates 
with States as well as other non-Federal interests for the 
purposes of implementing the Act.
    3. The Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 
Sec. Sec. 4101-4107; Pub. L. No. 99-659).
    This Act authorizes the Secretary of Commerce to apportion 
money to the states for use in the development of research 
programs to enhance the management of interjurisdictional 
fisheries throughout their range. Additionally, emergency 
assistance programs were conducted under this Act for recent 
resource disasters in the Northeast and Northwest.

National Ocean Service

            Mapping, charting, and geodesy
    As approved by the House Science Committee the funding for 
Mapping, Charting and Geodesy contained in H.R. 1815, 
Subsections 201 (a) and (b), would be $3.437 million below the 
level requested in the President's FY 96 budget. As a result, 
this would delay implementation of improvements to NOAA's aids 
to navigation that would in the long run increase efficiency 
and better meet user needs, such as conversion to digital 
nautical charts. Plans to conduct much needed surveys in areas 
in and around leading ports and harbors would be hampered and 
some surveys would not be completed. The ability of the Nation 
to advance its competitive position in international trade 
would be directly impacted because U.S. ports would be 
increasingly less attractive due to outmoded charts and a 
failure to commit to the next-generation technology already 
being employed by others in the international maritime 
community. In addition, this would adversely impact U.S. 
exports such as coal because in the absence of accurate 
knowledge of depth, tides and currents, ships must carry 
lighter loads, thereby increasing the cost of U.S. goods 
through greater shipping costs. Finally, a failure to support 
the modernization of these functions places coastal communities 
at increased risk of major environmental disasters from 
collisions and spills of hazardous materials.
            Observation and assessment
    The authorization of appropriations is inadequate and below 
the level recommended by the President's FY 1996 budget.
            Section 201(c)--Observation and prediction
    The National Ocean Service houses the National Water Level 
Observation System and produces the Nation's only source of 
tide and current information. NOS has been upgrading historical 
systems with new real-time monitoring devices. The proposed 
reductions would impede the ability of NOS to complete this 
upgrade. (NOS has had to withdraw tide and current predictions 
for some areas until upgrades are completed because older 
systems are no longer accurate.) These systems are used to 
provide data on tsunami and storm-surge warnings, real-time 
data for ports and harbors, data for calculating land-sea 
boundaries, and data for scientific research. User groups that 
would be affected include Nautical Charting, the National 
Weather Service, the U.S. Coast Guard, the Army Corps of 
Engineers, the Defense Mapping Agency, the Department of 
Justice, state and local governments, port authorities, pilot 
associations, shipping firms, oceanographic researchers and 20 
million recreational boaters.
            Section 201(d)--Estuarine and coastal assessment
    Overall, Estuarine and Coastal Assessment would be reduced 
by 35 percent. The Ocean Assessment Program would be cut by 74 
percent. Such cuts imply that monitoring the health of our 
Nation's coastal and ocean waters is unimportant. This is 
contrary to all of the scientific evidence that demonstrates 
the vast majority of commercial and recreational fish depend 
upon healthy coastal waters as hatcheries and nurseries for 
their young. In addition to the fishing industry, the booming 
coastal tourism industry is dependent on clean coastal 
environments to attract people to the shore. The transboundary 
nature of coastal waters and rivers that wind down to coastal 
estuaries requires a national effort to sustain healthy coasts.
    The Center for Coastal Ecosystem Health's program 
activities would receive no funds under H.R. 1815 although the 
President's FY 96 budget request was for $10 million. The 
Center provides science-based information and tools to state 
and local managers to improve the scientific basis for 
permitting decisions. In an era when Congress is promoting the 
use of the best science to perform risk analysis and evaluate 
the cost/benefits of projects, it seems particularly 
inappropriate to reduce the Center's funding.
            Ocean and coastal management
    H.R. 1815 fails to authorize appropriations for Coastal 
Zone Management, the National Estuarine Research Reserve System 
(NERRS) or National Marine Sanctuaries. These programs fall 
outside the jurisdiction of the Science Committee. However, 
funding should be authorized by the Resources Committee.
    The Coastal Zone Management Act (CZMA), for which Rep. 
Saxton has recently introduced reauthorization legislation 
(H.R. 1965), provides the kind of voluntary federal/state 
partnerships so many in Congress are trying to achieve. The 
Department recommends that section 201 of H.R. 1815 be amended 
to include a new paragraph (e), ``Ocean and Coastal 
Management'', to authorize appropriations of $58,851,000 as 
requested in the President's budget to continue the CZM and 
NERRS programs.
    Under the CZMA, the federal government, realizing it has a 
tremendous stake in primarily state-managed coastal areas, 
offers direct grants and other provisions to participating 
states. The states implement their own management programs 
aimed at balancing federal, state and local interests. States 
match federal funds received under the CZMA dollar for dollar. 
To further enhance state authority, the CZMA assures states 
that once they have instituted an approved coastal management 
program, most federal or federally permitted activities will be 
reviewed by the state to ensure consistency with the state 
plan.
    The CZMA includes the National Estuarine Research Reserve 
System. Federal funding for each of the 22 NERRS sites amounts 
to less than $150,000 per year. The sites serve as living 
laboratories that are studied by students of all ages from 
preschool to doctoral candidates. Many NERRS have cultivated 
groups of local volunteers to assist in educational and other 
Reserve activities. The success of NERRS is demonstrated by the 
continued interest from state governors in establishing NERRS 
in their states. Most recently Alaska has requested three sites 
be considered for designation.
    In short, the CZMA encourages balancing stewardship with 
developmental needs without imposing burdensome federal 
regulations. It empowers states and local communities to take 
responsibility for the management and wise use of their coastal 
resources. It is a partnership that works.
    In addition, a new paragraph (f), authorizing 
appropriations as requested in the President's budget of 
$12,371,000 for the National Marine Sanctuaries Programs, 
should be added to section 201 of H.R. 1815. The sanctuary 
program encompasses thousands of square miles of treasured 
national marine environments and living resources. Funding is 
essential for continuing this program that leading 
oceanographers and many citizens have called one of the best 
ideas the Nation has ever had.

Oceanic and atmospheric research

            National Sea Grant College program
    Section 202(b) of the NOAA Authorization Act of 1995 would 
destroy the concept of Sea Grant as the bridge between 
universities and users in coastal communities, industry, 
government, and non-profit organizations. This section would 
drastically reduce Sea Grant's authorized funding level as well 
as amend the Sea Grant College Program Act to require the 
program to focus exclusively on scientific research. Although 
we agree with the level of support provided for the research 
component of Sea Grant, this legislation would eliminate vital 
education and outreach programs. By repealing the authority to 
perform these functions and by failing to authorize 
appropriations for such activities, the bill would destroy all 
efforts to develop a strong educational base and to carry out 
prompt dissemination to users of knowledge and techniques 
resulting from Sea Grant research. Provisions of H.R. 1815 that 
remove the education and outreach components would eliminate 
the ability of Sea Grant to transfer the research results to 
the user community, the exact group that has the research need 
and enjoys the benefits. Until the creation of Sea Grant's 
extension network, no mechanism existed which could bridge the 
gap between marine sciences research and coastal industries and 
residents. Sea Grant educational activities reach across the 
complete spectrum including graduate education, direct 
technology transfer from research to industry, upgrading skills 
through science teacher training and extension, and improving 
math and science skills at the K-12 level. Together, outreach 
and education are the keys to ensuring the broadest benefit of 
the research. Amendments to address the Department's concerns 
are attached (see Tab B).
    This bill would jeopardize the ability of the Sea Grant 
programs to secure legislatively required matching funds and 
thus the leveraging ability of the Sea Grant program. Finally, 
this change would seriously cripple national progress in 
solving critical problems facing our Nation's fisheries, 
increasing seafood production through aquaculture, and 
developing new technologies and products to spur economic 
growth in the coastal zone. With over 50 percent of the U.S. 
population now residing in coastal areas, Sea Grant is needed 
more than ever.
            Marine prediction research
    Section 202(a) would authorize appropriations for marine 
prediction research at a level approximately $1.2 million below 
amounts requested in the President's budget. This decrease 
would significantly hinder OAR's tsunami research which, as 
part of the Coastal Hazards element of NOAA's Coastal Ocean 
Program, seeks to mitigate tsunami hazards to Hawaii, 
California, Oregon, Washington, and Alaska. Research efforts 
involve three coupled programs--instrumental, observational, 
and modeling--which are designed to improve our fundamental 
understanding of tsunami generation, propagation, and 
inundation dynamics. The decrease would also result in 
significant cuts in marine prediction programs at the Great 
Lakes Environmental Research Laboratory (GLERL) by causing 
critical cutbacks in models for simulating hydrological 
processes in the Laurentian Great Lakes that allow for 
improving hydrological forecasts and for assessing hydrological 
impacts associated with climate and other changes. These models 
are the basis for the Great Lakes component of the NWS Water 
Resources Forecasting System. The authorization of 
appropriations in section 202(a) should be revised to be 
consistent with the President's budget request of $14,984,000.
            VENTS program
    The President's FY 1996 budget requests continued support 
of $2,499,000 for the VENTS program through the climate and 
global change program. The Department, therefore, opposes 
section 401(a)(15) which would terminate funding for the 
program. VENTS has a long list of scientific successes 
including the discovery that submarine volcanic eruptions are 
much more common than previously known. Associated discoveries 
have demonstrated how these eruptions have ocean environmental 
impacts which affect the chemical and thermal state of the 
global ocean over varying time scales. Additionally, technology 
development in support of VENTS has produced many technological 
``spinoffs'' beneficial to the Nation (e.g., acoustically 
monitoring the entire Pacific Basin for volcanic events and 
marine mammal activity).

Office of NOAA corps operations

            Fleet Replacement and Modernization (FRAM)
    Section 401(a) would prohibit funds from being appropriated 
for the FRAM account. The President's budget requests $23 
million for FY 1996. These funds are essential. They support 
maintenance of the current NOAA fleet of vessels and long-range 
preparations for the replacement of these aging vessels with 
appropriate owned, leased or chartered vessels. Without these 
funds in FY 96, NOAA would be unable to complete critical 
repairs to the DISCOVERER and OREGON II. Current NOAA ship 
operations would be severely impacted, resulting in the loss of 
important fisheries, hydrographic, and research data needed to 
support fisheries management, nautical charting and climate 
research.
    Section 401(d) would repeal the NOAA Fleet Modernization 
Act, which provides legal authority for NOAA to modernize its 
aging fleet. If this legal authorization were repealed, 
critical data collection platforms for fisheries stock 
assessments, oceanographic and marine mammal data collection, 
and hydrographic surveys for safe ship navigation would be 
jeopardized. Without a modernized fleet, NOAA would be unable 
to meet its statutorily mandated responsibilities in these 
areas. In addition, if this Act were repealed, NOAA would lose 
its authority to lease vessels on a multiyear basis to satisfy 
NOAA days-at-sea requirements and its authority to enter into 
multiyear contracts for oceanographic research, fisheries 
research, and mapping and charting services to assist NOAA in 
fulfilling its missions. NOAA requires the authorization to 
make multiyear contracts in order to complete its statutorily 
mandated responsibility.
            NOAA corps streamlining or elimination
    Section 403 would reduce the size of the NOAA Corps from a 
maximum of 369 in FY 1996 to 100 in FY 1997, 50 in FY 1998, and 
zero after FY 1998. In the context of the National Performance 
Review, the Department of Commerce proposes to eliminate the 
NOAA Corps as part of its effort to streamline and reinvent 
services within the Department. Therefore, the Department 
considers section 403 to be unnecessary and overly restrictive. 
We recommend that section 403 be deleted.

Natural resources

    Section 201(d)(3) would authorize $585,000 to carry out the 
Damage Assessment Program for FY 1996. If the authorization for 
damage assessment remains at $585,000 instead of the 
President's request of $4.5 million, NOAA would be required to 
dismantle its Natural Resource Damage Assessment and 
Restoration Program (DARP) beginning in FY 1996. If the DARP is 
phased out in FY 1996, explicit Congressional mandates assigned 
to the Secretary of Commerce under the Comprehensive 
Environmental Response, Compensation, and Liability Act and the 
Oil Pollution Act would not be addressed. Injuries to the 
Nation's marine and coastal resources from hazardous material 
releases and oil spills would continue and important trust 
resources would not be restored.
    Working with co-trustees, NOAA has recovered more than $140 
million in restoration funds with an investment of just under 
$10 million in appropriated monies. This represents a return of 
more than $10 for the restoration of injured coastal and marine 
habitats for every tax dollar spent. We therefore recommend 
that authorization levels be revised to match the President's 
FY 1996 budget.

High-Performance Computing and Communications (HPCC)

    Reducing the HPCC program to the $1 million level would 
leave NOAA unable to use advanced high-performance computing 
technology to develop improved weather forecasting and other 
models. The high-performance computer system just acquired for 
the Geophysical Fluid Dynamics Lab would have to be returned, 
since funds to support its continued lease and use would not be 
available. NOAA would have to retrench in its use of computer 
networking, substantially reducing public and private access to 
the real-time and historical environmental data NOAA makes 
available to the Nation.

Program and account terminations

    Subsection 401(a) of the bill prohibits appropriation of 
funds for, and thus terminates, 19 specific programs and budget 
accounts. Although NOAA supports the termination of the 
majority of the programs, the time frame which requires the 
Secretary to certify to the Congress within 60 days of 
enactment that the listed programs and accounts would be 
terminated by September 30, 1995, is a problem. As a practical 
matter, this schedule is impossible to meet--for termination of 
programs funded in the President's FY 96 budget, additional 
time would be needed to close accounts and wind up program 
activities and obligations. In addition, section 401(a)(5) 
would delete ``* * * Weather Modernization Grants''. Presumably 
this should read, ``Weather modification grants.''

Program support

    Subsections 301(a) and (b) would reduce program support 
accounts by $7 million. This would hamper NOAA's capabilities 
in human resource management, grants and procurements, 
financial management, public affairs, legislative affairs and 
administrative service center functions. This reduction would 
require either a massive reprogramming of funds, or a 
reduction-in-force of over one hundred employees.

Limitation on appropriations

    Subsection 402(a) provides that no funds are authorized to 
be appropriated for any fiscal year after FY 1996 programs for 
which funds are authorized by this bill. This provision could 
subject appropriations for NOAA in FY 1997 to a point of order 
challenge under the Rules of the House of Representatives. 
During the past two decades, Congress has only infrequently 
passed omnibus legislation explicitly authorizing 
appropriations for NOAA. The provision, therefore, appears to 
needlessly jeopardize future funding for NOAA's programs.
    Subsection 402(b) would authorize appropriations of no more 
than $1,692,470,000 in FY 1996 to enable NOAA to carry out all 
activities associated with Operations, Research and Facilities, 
whereas the President's FY 1996 budget requests were 
$2,105,235,000.

Financial assistance eligibility

    Section 504 of H.R. 1815 would exclude from eligibility for 
NOAA financial assistance for five years, any person who had 
received non-competitive federal funding, except for persons 
receiving formula grants. We interpret section 504 to apply 
solely to Federal assistance awards, and not to procurement 
contracts or other reimbursable agreements. The term ``person'' 
appears to refer to an individual. If the term ``person'' 
includes all entities that receive Federal assistance (e.g. 
institutions and universities), then the section could severely 
impede NOAA's ability to provide the scientific and academic 
communities with support to conduct highly specialized 
research. Also, the section appears to conflict with certain 
statutes (e.g. 15 USC 1539) which mandate that NOAA make awards 
to selected recipients.
    A number of statutes already require NOAA to maintain 
merit-based competitive awards. Pursuant to the Federal Grant 
and Cooperative Agreement Act of 1977, the Department of 
Commerce generally requires discretionary grants to be made on 
the basis of competitive review. In addition, the Federal 
Acquisition Streamlining Act of 1994 states a preference for 
merit-based selection procedures for making awards.
    Accordingly, NOAA sole source awards are made on a limited 
basis and must be justified. NOAA reviews all sole source 
awards to ensure strict compliance with one of the following 
factors: (1) a sole applicant with particular capabilities; (2) 
a sole applicant that possesses specialized facilities and/or 
equipment; (3) the grantee makes a substantial investment; (4) 
a sole applicant holds the patent, data or copyright; (5) time 
is of the essence and a sole source can meet the Department's 
needs; and, (6) a clear advantage exists in continuing a 
previous effort.
    The discretion to make sole source awards is vital to 
NOAA's mission. Section 504 would eliminate all discretion to 
make these awards and undermine NOAA's ability to address the 
needs of the scientific, academic, and environmental 
communities in an efficient manner. In particular, NOAA/
University partnerships would suffer. Under these partnerships, 
government and academia serve as a focal point in facilitating 
and enhancing long-term, peer-reviewed scientific research 
through their substantial collaboration, nationally as well as 
internationally. Under section 504, NOAA would risk losing top 
notch researchers because they will not ``risk'' having one 
year jobs if proposals are competed for every year. While 
NOAA's research is far reaching in many ways, it also needs to 
be closely coordinated with other research. Co-location of NOAA 
and university expertise cannot readily be duplicated 
elsewhere. Under section 504, NOAA would almost certainly lose 
its valuable dialogue and credibility with the academic 
research community. The Department therefore strongly 
recommends that section 504 be deleted.

Prohibition of funding for activities whose purpose is to influence 
        pending legislation

    Section 505 provides that except for certain communications 
by officers or employees of the United States to members of 
Congress, through the proper channels, ``none of the funds 
authorized by this Act shall be available for any activity 
whose purpose is to influence legislation pending before the 
Congress.'' The Department notes that an existing criminal 
statute, 18 U.S.C. Sec. 1913, enacted in 1919, directly 
prohibits the use of appropriated funds to ``be used directly 
or indirectly to pay for any personal service, advertisement * 
* * or other device, intended or designed to influence in any 
manner a Member of Congress, to favor or oppose, by vote or 
otherwise, any legislation or appropriation by Congress, 
whether before or after the introduction of any bill or 
resolution proposing such legislation or appropriation; but 
this shall not prevent officers or employees of the United 
States or of its departments or agencies from communicating to 
Members of Congress on the request of any Member of Congress 
through the proper official channels, request for legislation 
or appropriations which they deem necessary for the efficient 
conduct of the public business.''
    In addition, the Department is subject to an annual 
appropriations act restriction similar to those applicable to 
virtually all Federal agencies, which prohibits appropriated 
funds from being used for ``publicity or propaganda purposes 
not authorized by Congress.'' Title VI, Departments of 
Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 1995, Pub. L. No. 103-317, 
Sec. 601 (Aug. 26, 1994), 108 Stat. 1773. These laws have 
historically formed the basis for Federal agency practice, and 
have proved quite adequate over the years.
    Because current law already provides such restrictions on 
the use of funds by Federal agencies, section 505 is 
duplicative and therefore unnecessary. Therefore, the 
Department recommends that section 505 be deleted.
                              ----------                              --
--------


       NOAA MARINE FISHERIES PROGRAM AUTHORIZATION ACT AMENDMENT

SEC.   . AUTHORIZATION OF APPROPRIATIONS.

    The National Oceanic and Atmospheric Administration Marine 
Fisheries Program Authorization Act (Public Law No. 98-210; 97 
Stat. 1409) is amended--(a) in section 2(a)--
          (1) by striking ``and'' immediately after ``1992'' 
        and inserting a comma; and
          (2) by inserting immediately before the period at the 
        end ``, $51,207,000 for fiscal year 1996, and such sums 
        as may be necessary for fiscal years 1997 and 1998'';
    (b) in section 3(a)--
          (1) by striking ``and'' immediately after ``1992'' 
        and inserting a comma; and
          (2) by inserting immediately before the period at the 
        end ``, $32,038,000 for fiscal year 1996, and such sums 
        as may be necessary for fiscal years 1997 and 1998''; 
        and
    (c) in section 4(a)--
          (1) by striking ``and'' immediately after ``1992'' 
        and inserting a comma; and
          (2) by inserting immediately before the period at the 
        end ``, $17,131,000 for fiscal year 1996, and such sums 
        as may be necessary for fiscal years 1997 and 1998''.
                              ----------                              --
--------


               ANADROMOUS FISH CONSERVATION ACT AMENDMENT

SEC.   . AUTHORIZATION OF APPROPRIATIONS.

    The Anadromous Fish Conservation Act (Pub. L. No. 89-304, 
16 U.S.C. Sec. 757d) is amended by inserting in subsection (a) 
after the words ``and 1995.'' the following: ``(3) $2,358,000 
for fiscal year 1996, and such sums as may be necessary for 
fiscal years 1997 and 1998.''
                              ----------                              --
--------


            THE INTERJURISDICTIONAL FISHERIES ACT AMENDMENT

SEC.   . AUTHORIZATION OF APPROPRIATIONS.

    The Interjurisdictional Fisheries Act (Pub. L. No. 99-649, 
16 U.S.C. Sec. 4107) is amended by inserting before the period 
in subsection (a) the following: ``; $3,650,000 for fiscal year 
1996; and such sums as may be necessary for fiscal years 1997 
and 1998''.

                   national sea grant college program

Section 202(b)(1) Amend to read

    There are authorized to be appropriated to carry out 
sections 205 and 208 and the Small Business Innovative Research 
Program $49,400,000 for fiscal year 1996.

Rationale

    This authorization level supports the President's FY 1996 
request. The Small Business Innovative Research Program 
contribution should not be taken from the funding for NOAA 
administrative support. Payment of the SBIR set-aside from the 
administrative support funds would seriously compromise NOAA's 
ability to effectively manage Sea Grant.

Section 202(b)(2)

    Delete $1,500,000 and substitute $2,900,000.

Rationale

    This modification retains the funding for administrative 
costs for NOAA administrative support at $2.9 million.

Section 202(b)(3)

    Delete.

Rationale

    This section would eliminate Sea Grant's Education and 
Outreach functions.

Section 401(c)(1)(A)

    Delete.

Rationale

    This language would repeal the Knauss Fellowship program.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

   NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION MARINE FISHERIES 
                       PROGRAM AUTHORIZATION ACT

AN ACT To consolidate and authorize certain marine fishery programs and 
functions of the National Oceanic and Atmospheric Administration under 
                       the Department of Commerce

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``National Oceanic and Atmospheric 
Administration Marine Fisheries Program Authorization Act''.
          * * * * * * *

             fisheries information collection and analysis

    Sec. 2. (a) There are authorized to be appropriated to the 
Department of Commerce to enable the National Marine Fisheries 
Service to carry out its Fisheries Information Collection and 
Analysis duties under law, $47,933,000 for fiscal year 1992 
[and], $59,162,000 for fiscal year 1993, $45,000,000 for each 
of fiscal years 1996 and 1997. These moneys shall be used to 
fund those duties relating to fisheries information collection 
and analysis specified by the Fish and Wildlife Act of 1956 (16 
U.S.C. 742a et seq.), the Act of May 11, 1938 (16 U.S.C. 755), 
and the Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.), the Act 
entitled, ``An Act to promote the conservation of wildlife, 
fish, and game, and for other purposes'', approved March 10, 
1934 (16 U.S.C. 661 et seq.), and any other law involving such 
duties. These duties include, but are not limited to, 
collection analysis and dissemination of scientific data 
necessary to manage: marine fishery resources, marine mammals, 
endangered species, and their habitats.
          * * * * * * *
    (e) Of the sums authorized under subsection (a) of this 
section, no more than $2,500,000 are authorized to be 
appropriated for each of the fiscal years [1992 and 1993] 1996 
and 1997 to enable the National Oceanic and Atmospheric 
Administration to [establish] operate the Chesapeake Bay 
Estuarine Resources Office under section [306] 307 of the 
National Oceanic and Atmospheric Administration Authorization 
Act of [1991] 1992. No more than 20 percent of the amount 
appropriated under the authorization in this subsection shall 
be used for administrative purposes.
          * * * * * * *

            fisheries conservation and management operations

    Sec. 3. (a) There are authorized to be appropriated to the 
Department of Commerce to enable the National Marine Fisheries 
Service to carry out its fisheries conservation and management 
operations duties under law, $27,290,000 for fiscal year 1992 
[and], $35,594,000 for fiscal year 1993, $27,000,000 for each 
of fiscal years 1996 and 1997. These moneys shall be used to 
fund those duties relating to fisheries conservation and 
management operations specified by the Fish and Wildlife Act of 
1956 (16 U.S.C. 742a et seq.), the Act of May 11, 1938 (16 
U.S.C. 755), the Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.), 
and the Act entitled, ``An Act to promote the conservation of 
wildlife, fish, and game, and for other purposes'', approved 
March 10, 1934 (16 U.S.C. 661 et seq.), and any other law 
involving such duties. These duties include, but are not 
limited to, development, implementation, and enforcement of 
conservation and management measures to achieve continued 
optimum use of living marine resources; including hatchery 
operations, fishery management plan activities, habitat 
conservation, and protected species management.
          * * * * * * *

            fisheries state and industry assistance programs

    Sec. 4. (a) There are authorized to be appropriated to the 
Department of Commerce to enable the National Marine Fisheries 
Service to carry out its fisheries State and industry 
assistance program duties under law, $12,182,000 for fiscal 
year 1992 [and], $18,838,000 for fiscal year 1993, $18,000,000 
for each of fiscal years 1996 and 1997. These moneys shall be 
used to fund those duties specified by the Fish and Wildlife 
Act of 1956 (16 U.S.C. 742a et seq.) and any other law 
affecting State and industry fisheries assistance. These duties 
include, but are not limited to, financial assistance for 
fishing boats and fish processing plants, market development 
for fishery products, product quality and grants to States for 
improving management of interstate fisheries and stimulating 
fishery development.
          * * * * * * *
                              ----------                              --
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      COAST AND GEODETIC SURVEY COMMISSIONED OFFICERS' ACT OF 1948

  AN ACT To provide for the distribution, promotion, separation, and 
 retirement of commissioned officers of the Coast and Geodetic Survey, 
                         and for other purposes

    [Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled,

                              [short title

    [Section 1. That this Act may be cited as the ``Coast and 
Geodetic Survey Commissioned Officers' Act of 1948''.

                     [authorized numbers in grades

    [Sec. 2. (a) Of the total authorized number of commissioned 
officers on the active list of the Coast and Geodetic Survey, 
there are authorized numbers in permanent grade, in relative 
rank with officers of the Navy, in the proportion of eight in 
the grade of captain, to fourteen in the grade of commander, to 
nineteen in the grade of lieutenant commander, to twenty-three 
in the grade of lieutenant, to eighteen in the grade of 
lieutenant (junior grade), to eighteen in the grade of ensign.
    [(b) Whenever a final fraction occurs in computing the 
authorized number of officers in any grade, the nearest whole 
number shall be taken, and if such fraction be one-half the 
next higher whole number shall be taken: Provided, That the 
total number of officers as authorized by law shall not be 
increased as the result of the computations prescribed herein, 
and if necessary the number of officers in the lowest grade 
shall be reduced accordingly.
    [(c) No officer shall be reduced in grade or pay or 
separated from the active list as the result of any 
computations made to determine the authorized number of 
officers in the various grades.
    [(d) Nothing in this section shall be construed as 
requiring the filling of any vacancy or as prohibiting 
additional numbers in any grade to compensate for vacancies 
existing in higher grades.
    [(e) The total number of officers on active duty as 
authorized by law may be temporarily exceeded provided that the 
average number on active duty for the fiscal year shall not 
exceed the authorized number.

                 [promotion and separation of officers

    [Sec. 3. Promotion to fill vacancies in all permanent 
grades above that of lieutenant (junior grade) shall be made by 
selection from the next lower respective grades upon 
recommendation of the personnel board hereinafter provided for.
    [Sec. 4. Irrespective of any vacancies, any officer in the 
permanent grade of lieutenant (junior grade) and lieutenant 
shall be considered by the personnel board for promotion to the 
grade of lieutenant and lieutenant commander in sufficient time 
so that, if found fully qualified, such officer may be promoted 
to and appointed in such grade upon completion of seven and 
fourteen years of service, respectively. All promotions under 
this section shall be made on the date on which the required 
service is completed, and the authorized number of officers in 
the grade of lieutenant and lieutenant commander shall be 
temporarily increased, if necessary, to authorize such 
appointments: Provided, That an officer found not fully 
qualified in accordance with this section may be promoted on 
such later date on which he may be found fully qualified.
    [Sec. 5. Irrespective of any vacancies, any officer in the 
permanent grade of lieutenant commander who has completed 
twenty-one years of service and any officer in the permanent 
grade of commander who has completed thirty years of service 
may be considered by the personnel board at any time for 
promotion to the grade of commander and captain, respectively. 
If selected, he may be promoted at any time and the authorized 
number of officers in the grade of commander and captain shall 
be temporarily increased, if necessary, to authorize such 
appointments.
    [Sec. 6. (a) Officers in the permanent grade of ensign 
shall be promoted to and appointed in the grade of lieutenant 
(junior grade) on completion of three years of service, and the 
authorized number of officers in the grade of lieutenant 
(junior grade) shall from time to time be temporarily increased 
as necessary to authorize such appointments.
    [(b) Ensigns who are found not fully qualified at any time 
shall have their commissions revoked and be separated from the 
commissioned service.
    [Sec. 7. Each officer shall be assumed to have, for 
promotion purposes, at least the same length of service as any 
officer below him on the lineal list, except that an officer 
who has lost numbers shall be assumed to have for promotion 
purposes no greater service than the officer next above him in 
his new position on the lineal list.
    [Sec. 8. (a) As recommended by the personnel board--
          [(1) an officer in the permanent grade of captain or 
        commander may be transferred to the retired list; and
          [(2) an officer in the permanent grade of lieutenant 
        commander, lieutenant, or lieutenant (junior grade) who 
        is not qualified for retirement may be separated from 
        the service.
    [(b) In any fiscal year, the total number of officers 
selected for retirement or separation under subsection (a) plus 
the number of officers retired for age may not exceed the whole 
number nearest four percent of the total number of officers 
authorized to be on the active list, except as otherwise 
provided by law.
    [(c) Any retirement or separation under subsection (a) 
shall take effect on the first day of the sixth month beginning 
after the date on which the Secretary of Commerce approves the 
retirement or separation, except that if the officer concerned 
requests earlier retirement or separation, the date shall be as 
determined by the Secretary.
    [Sec. 9. (a) An officer who is separated under section 8 
and who has completed more than three years of continuous 
active service immediately before that separation is entitled 
to separation pay computed under subsection (b) unless the 
Secretary of Commerce determines that the conditions under 
which the officer is separated do not warrant payment of that 
pay.
    [(b)(1) In the case of an officer who has completed five or 
more years of continuing active service immediately before that 
separation, the amount of separation pay which may be paid to 
the officer under this section is 10 percent of the product of 
(A) the years of active service creditable to the officer, and 
(B) twelve times the monthly basic pay to which the officer was 
entitled at the time of separation, or $30,000, whichever is 
less.
    [(2) In the case of an officer who has completed three but 
fewer than five years of continuous active service immediately 
before that separation, the amount of separation pay which may 
be paid to the officer under this section is one-half of the 
amount computed under paragraph (1), but in no event more than 
$15,000.
    [(c) In determining an officer's years of active service 
for the purpose of computing separation pay under this section, 
each full month of service that is in addition to the number of 
full years of service creditable to the officer is counted as 
one-twelfth of a year and any remaining fractional part of a 
month is disregarded.
    [(d)(1) A period for which an officer has previously 
received separation pay, severance pay, or readjustment pay 
under any other provision of law based on service in a 
uniformed service may not be included in determining the years 
of creditable service that may be counted in computing the 
separation pay of the officer under this section.
    [(2) The total amount that an officer may receive in 
separation pay under this section and separation pay, severance 
pay, and readjustment pay under any other provision of law 
based on service in a uniformed service may not exceed $30,000.
    [(e)(1) An officer who has received separation pay under 
this section, or separation pay, severance pay, or readjustment 
pay under any other provision of law, based on service in a 
uniformed service and who later qualifies for retired pay under 
this Act shall have deducted from each payment of retired pay 
so much of that pay as is based on the service for which the 
officer received that separation pay, severance pay, or 
readjustment pay until the total amount deducted is equal to 
the total amount of separation pay, severance pay, and 
readjustment pay received.
    [(2) An officer who has received separation pay under this 
section may not be deprived, by reason of receipt of that pay, 
of any disability compensation to which the officer is entitled 
under the laws administered by the Secretary of Veterans 
Affairs, but there shall be deducted from that disability 
compensation an amount equal to the total amount of separation 
pay received. Notwithstanding the preceding sentence, no 
deduction may be made from disability compensation for the 
amount of separation pay received because of an earlier 
discharge, separation, or release from a period of active duty 
if the disability which is the basis for that disability 
compensation was incurred or aggravated during a later period 
of active duty.
    [Sec. 10. (a) Appointments in and promotions to all 
permanent grades shall be made by the President, by and with 
the advice and consent of the Senate.
    [(b) In time of emergency declared by the President or by 
the Congress, and in time of war, the President is authorized, 
in his discretion, to suspend the operation of all or any part 
or parts of the several provisions of law pertaining to 
promotion.
    [Sec. 11. Nothing in this Act shall be construed to modify 
the provisions of existing law relating to examination of 
officers for promotion, and no officer shall be promoted until 
he shall have passed the prescribed examinations.
    [Sec. 12. (a) Temporary appointment in the grade of ensign 
may be made by the President alone, provided such temporary 
appointment will be terminated at the close of the next regular 
session of the Congress unless confirmed by the Senate.
    [(b) Officers in the permanent grade of ensign may be 
temporarily promoted to and appointed in the grade of 
lieutenant junior grade by the President alone whenever 
vacancies exist in higher grades.
    [(c) When determined by the Secretary of Commerce to be in 
the best interest of the service, officers in any permanent 
grade may be temporarily promoted one grade by the President 
alone. Any such temporary promotion terminates upon the 
transfer of the officer to a new assignment.

                        [retirement of officers

    [Sec. 13. (a) When any commissioned officer serving in a 
rank below that of rear admiral has attained the age of sixty 
years, he shall be placed on the retired list: Provided, That 
this subsection shall not become effective until a date six 
months subsequent to the enactment of this Act, and until such 
effective date the retirement age for officers serving in a 
rank below that of rear admiral shall be sixty-two years.
    [(b) When any officer serving in a rank above that of 
captain has attained the age of sixty-two years, he shall be 
placed on the retired list: Provided, That the President may, 
in his discretion, defer placing any such officer on the 
retired list for the length of time he deems advisable but not 
later than the date upon which such officer attains the age of 
sixty-four years.
    [Sec. 14. When any commissioned officer has completed 
twenty years of service, he may at any time thereafter, upon 
his own application, in the discretion of the President, be 
placed on the retired list.
          * * * * * * *
    [Sec. 16. (a) Each commissioned officer on the retired list 
who first became a member of a uniformed service (as defined in 
section 101 of title 10, United States Code) before September 
8, 1980, shall receive retired pay at the rate determined by 
multiplying--
          [(1) the retired pay base determined under section 
        1406(g) of title 10, United States Code; by
          [(2) 2\1/2\ percent of the number of years of service 
        that may be credited to the officer under section 1405 
        of such title as if the officer's service were service 
        as a member of the Armed Forces.
The retired pay so computed may not exceed 75 percent of the 
retired pay base.
    [(b) Each commissioned officer on the retired list who 
first became a member of a uniformed service (as defined in 
section 101 of title 10, United States Code) on or after 
September 8, 1980, shall receive retired pay at the rate 
determined by multiplying--
          [(1) the retired pay base determined under section 
        1407 of title 10, United States Code; by
          [(2) the retired pay multiplier determined under 
        section 1409 of such title for the number of years of 
        service that may be credited to the officer under 
        section 1405 of such title as if the officer's service 
        were service as a member of the Armed Forces.
    [(c)(1) In computing the number of years of service of an 
officer for the purposes of subsection (a)--
          [(A) each full month of service that is in addition 
        to the number of full years of service creditable to 
        the officer shall be credited as \1/12\ of a year; and
          [(B) any remaining fractional part of a month shall 
        be disregarded.
    [(2) Retired pay computed under this section, if not a 
multiple of $1, shall be rounded to the next lower multiple of 
$1.
    [Sec. 17. (a) Each commissioned officer heretofore or 
hereafter retired pursuant to any provision of law shall be 
placed on the retired list with the highest rank, permanent or 
temporary, held by him while on active duty, if his performance 
of duty, in the case of temporary rank, has been satisfactory 
as determined by the Secretary of the department or departments 
under whose jurisdiction the officer served, and shall receive 
retired pay based on such higher rank: Provided, That for the 
purposes of this section the words ``temporary rank'' shall 
mean temporary rank held prior to June 30, 1946.
    [(b) Officers on the retired list returned to an inactive 
status with higher rank pursuant to subsection (a) of this 
section shall receive retired pay based on such higher rank.
    [Sec. 18. Nothing in this Act shall prevent any officer 
from being placed on the retired list with the highest rank and 
with the highest retired pay to which he might be entitled 
under other provision of law.

                            [personnel board

    [Sec. 19. At least once a year and at such other times as 
may be necessary, the Secretary of Commerce shall appoint a 
personnel board consisting of not less than five officers not 
below the permanent rank of commander on the active list, to 
recommend such changes in the lineal list as the board may 
determine, and to make selections and recommendations for the 
promotion, separation, and retirement of officers as herein 
prescribed: Provided, That in case any recommendation by the 
board is not acceptable to the Secretary of Commerce or to the 
President, the board shall make such further recommendations as 
shall be acceptable.
          * * * * * * *

  [amendments to and repeal of appointment, promotion, and retirement 
                                  laws

    [Sec. 21. (a) Section 5 of the Act of February 16, 1929 (45 
Stat. 1186), as amended by the Act of March 18, 1936 (ch. 147, 
49 Stat. 1164), is hereby further amended by deleting the word 
``not'' in the third line.
    [(b) Section 8 of the Act of January 19, 1942 (59 Stat. 8), 
is hereby amended by deleting the word ``not'' in the fourth 
line, by changing the period at the end of the section to a 
colon, and by adding the words ``Provided further, That any 
officer, upon expiration of his appointment as Director or 
Assistant Director, shall, unless reappointed, revert to the 
grade and number that he would have occupied had he not served 
as Director or Assistant Director. Such officer shall be an 
extra number in his grade and the authorized number of ensigns 
shall be decreased accordingly.''
    [Sec. 22. (a) Sections 1, 2 (except the second proviso of 
section 2(b)), 3, 4, 5, and 6 of the Act of January 19, 1942 
(59 Stat. 8), are hereby repealed.
    [(b) The word ``physicial'' in the first line of section 7 
of the said Act of January 19, 1942, is hereby amended to read 
``physical''.
    [Sec. 23. (a) Original appointments may be made in grades 
up to and including lieutenant after passage of a mental and 
physical examination given in accordance with regulations 
prescribed by the Secretary of Commerce: Provided, That the 
President, under such regulations as he may prescribe, may 
revoke the commission of any officer appointed under this 
section during his first three years of service if he is found 
not qualified for the service.
    [(b) Any person appointed under authority of this section 
shall be placed on the lineal list of active duty officers in a 
position commensurate with his age, education, and experience 
in accordance with regulations prescribed by the Secretary of 
Commerce.
    [(c)(1) For the purposes of basic pay any person appointed 
under this section to the grade of lieutenant or lieutenant 
(junior grade) shall be considered as having, on date of 
appointment, three years or one and one-half years service 
respectively.
    [(2) If a person appointed under this section is entitled 
to credit for the purpose of basic pay under other provision of 
law which would exceed that authorized by subsection (c)(1) he 
shall be credited with that service in lieu of the credit 
provided by subsection (c)(1).
    [Sec. 24. (a) The Secretary may designate positions in the 
Administration as being positions of importance and 
responsibility for which it is appropriate that commissioned 
officers of the Administration, if serving in those positions, 
serve in the grade of vice admiral, rear admiral, or rear 
admiral (lower half) as designated by the Secretary for each 
position, and may assign officers to those positions. An 
officer assigned to any position under this section has the 
grade designated for that position if appointed to that grade 
by the President, by and with the advice and consent of the 
Senate.
    [(b) the number of officers serving on active duty under 
appointments under this section may not exceed--
          [(1) one in the grade of vice admiral;
          [(2) three in the grade of rear admiral; and
          [(3) three in the grade of rear admiral (lower half).
    [(c) An officer appointed to a grade under this section, 
while serving in that grade, shall have the pay and allowances 
of the grade to which appointed.
    [(d) An appointment of an officer under this section--
          [(1) does not vacate the permanent grade held by the 
        officer; and
          [(2) creates a vacancy on the active list.
    [(e) the provisions of section 2(g) of Reorganization Plan 
Numbered 4 of 1970 (84 Stat. 2090, 5 U.S.C. App.) apply to an 
officer who serves in a grade above captain under an 
appointment under this section in the same manner as if the 
officer served in that grade under section 2(d) or 2(f) of that 
Reorganization Plan.]
                              ----------                              --
--------


                        ACT OF FEBRUARY 16, 1929

    Chap. 22I. An Act To amend the Act entitled ``An Act to 
readjust the pay and allowances of the commissioned and 
enlisted personnel of the Army, Navy, Marine Corps, Coast 
Guard, Coast and Geodetic Survey, and Public Health Service,'' 
approved June 10, 1922, as amended.
          * * * * * * *
    [Sec. 5. That the Director of the Coast and Geodetic Survey 
shall be appointed and hold office as now authorized by law; 
his appointment shall create a vacancy, and while holding said 
office he shall have the rank, pay, and allowances of a Chief 
of Bureau of the Navy Department.]
                              ----------                              


                        ACT OF JANUARY 19, 1942

   AN ACT To regulate the distribution and promotion of commissioned 
   officers of the Coast and Geodetic Survey, and for other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That the 
total number of commissioned officers on the active list of the 
Coast and Geodetic Survey shall be distributed in rank relative 
with officers of the Navy in the proportion of five in the 
grade of captain to eight in the grade of commander, to eighty-
seven in the grades of lieutenant commander, lieutenant, 
lieutenant (junior grade) and ensign, inclusive: Provided, That 
the number of officers in the grade of lieutenant commander 
shall not exceed 35 per centum of the total authorized number 
of commissioned officers on the active list.

                         [promotion of officers

    [Sec. 2. (a) Promotions to the grades of captain and 
commander shall be made as vacancies occur and shall be by 
selection from the next lower respective grades upon 
recommendation of the Personnel Board hereinafter authorized.
    [(b) Except as otherwise provided in this Act, lieutenants, 
lieutenants (junior grade), and ensigns shall be promoted to 
the respective grades of lieutenant commander, lieutenant, and 
lieutenant (junior grade) in the order in which the names 
appear on the current lineal list hereinafter authorized as the 
officers become credited with seventeen years', ten years', and 
three years' service, respectively: Provided, That lieutenants 
with not less than fourteen years' accredited service and 
lieutenants (junior grade) with not less than seven years' 
accredited service may be promoted to the grades of lieutenant 
commander and lieutenant, respectively, at any time in such 
numbers as will not cause the resulting number of officers in 
each of the grades of lieutenant commander and lieutenant to 
exceed 28 per centum of the total authorized force of 
commissioned officers on the active list: Provided further, 
That for purposes of pay, longevity pay, allowances, promotion, 
or retirement, which are now or may hereafter be authorized for 
officers appointed after June 30, 1992, there shall be counted 
in addition to active commissioned service, as deck officer and 
junior engineer in excess of one year.
    [(c) All promotions, when made, shall be effective from the 
date of the respective vacancies, and promotions to all grades 
shall be made by the President, by and with the advice and 
consent of the Senate.
    [(d) Each officer shall be assumed to have, for promotion 
purposes, at least the same length of service as any officer 
junior to him on the lineal list hereinafter authorized, except 
that an officer who has lost numbers on the lineal list shall 
be assumed to have for promotion purposes no greater service 
than the officer next above him in his new position on the 
lineal list.
    [(e) Whenever a final fraction occurs in computing the 
authorized number of officers of any grade, the nearest whole 
number shall be regarded as the authorized number: Provided, 
That the total number of officers as authorized by law shall 
not be increased as a result of the computations prescribed 
herein, and if necessary the number of officers in the lowest 
grade shall be reduced accordingly: Provided further, That no 
officer shall be reduced in grade or pay or separated from the 
active list as the result of any computations made to determine 
the authorized number of officers in the various grades.

                            [personnel board

    [Sec. 3. At least once a year and at such other times as 
may be necessary, the Secretary of Commerce shall appoint and 
convene a Personnel Board consisting of not less than five 
officers not below the rank of commander on the active list of 
the Coast and Geodetic Survey, to make the computations 
prescribed herein, to prepare and maintain a lineal list on 
which the names of all officers on the active list shall be 
arranged in such order as the board may determine, and to make 
selections and recommendations for the promotion and retirement 
of officers as herein prescribed.
    [Sec. 4. Each report of the Personnel Board shall be 
submitted to the President for approval or disapproval: 
Provided, That in case any recommendation by the board is not 
acceptable to the President, the board shall be so informed and 
shall make such further recommendations as shall be acceptable 
to the President and, if necessary, the board shall be 
reconvened for this purpose: Provided further, That when the 
report of the board shall have been approved, the 
recommendations therein shall be carried out in accordance with 
the provisions of this Act.

                        [retirement of officers

    [Sec. 5. The President may transfer to the retired list 
from the grades of captain, commander, lieutenant commander, 
and lieutenant such officers as have been recommended for 
retirement by the Personnel Board: Provided, That the total 
number of officers so retired in any fiscal year shall not 
exceed the whole number nearest 1 per centum of the total 
authorized number of commissioned officers on the active list, 
and, except as otherwise required by law, the number of 
officers so retired plus the number of officers retired for age 
in any fiscal year shall not exceed 3 per centum of the total 
authorized number of commissioned officers on the active list: 
Provided further, That all transfers to the retired list 
pursuant to this Act shall become effective on the next ensuing 
July 1 and the resulting vacancies may be filled as of that 
date.
    [Sec. 6. Officers retired pursuant to section 5 of this Act 
shall receive pay at the rate of 2\1/2\ per centum of their 
active-duty pay at the time of retirement multiplied by the 
number of years of service for which entitled to credit in the 
computation of their pay on the active list, not to exceed a 
total of 75 per centum of said active-duty pay: Provided, That 
a fractional year of six months or more shall be considered a 
full year in computing the number of years' service by which 
the rate of 2\1/2\ per centum is multiplied.
    [Sec. 7. Should an officer fail in his physical examination 
for promotion and be found incapacitated for service by reason 
of physical disability contracted in line of duty, he shall be 
retired with the rank to which he would otherwise be entitled 
to be promoted, with retired pay at the rate of 75 per centum 
of the active-duty pay of that grade.

                       [miscellaneous provisions

    [Sec. 8. The President is authorized to appoint, by and 
with the advice and consent of the Senate, an officer on the 
active list of the Coast and Geodetic Survey not below the rank 
of commander to serve as Assistant Director; his appointment 
shall not create a vacancy and while holding said office he 
shall have the rank, pay, and allowances of rear admiral (lower 
half): Provided, That any officer who may be retired while 
serving as Director or Assistant Director, or who has or shall 
have served four years as Director or Assistant Director and is 
retired after completion of such service while serving in a 
lower rank or grade, shall be retired with the rank, pay, and 
allowances authorized by law for the highest grade or rank held 
by him as Director or Assistant Director.
    [Sec. 9. The provisions of sections 1 to 5, inclusive, of 
the Act of April 20, 1940 (54 Stat. 144), relating to the 
burial expenses of Navy personnel, and the provisions of the 
Act of June 4, 1920 (41 Stat. 824), as amended by the Act of 
May 22, 1928 (45 Stat. 710), relating to the payment of a death 
gratuity to dependents of commissioned officers and other 
personnel of the Navy or Marine Corps, shall apply to 
commissioned officers of the Coast and Geodetic Survey, except 
that the duties and obligations imposed in said Acts upon the 
Secretary of the Navy are hereby imposed for the purposes of 
this Act upon the Secretary of Commerce who shall cause the 
necessary payments to be made from funds appropriated for the 
Coast and Geodetic Survey: Provided, That the provisions of 
this section shall be effective from December 8, 1941.
    [Sec. 10. Commissioned officers, ships' officers, and 
members of the crews of vessels of the Coast and Geodetic 
Survey shall be permitted to purchase commissary and 
quartermaster supplies as far as available from the Army, Navy, 
or Marine Corps at the prices charged officers and enlisted men 
of those services.
    [Sec. 11. All laws or parts of laws inconsistent with the 
provisions of this Act are hereby repealed, and the provisions 
of this Act shall be in effect in lieu thereof.]
                              ----------                              


                     SECTION 9 OF PUBLIC LAW 87-649

AN ACT To revise, codify, and enact title 37 of the United States Code, 
       entitled ``Pay and Allowances of the Uniformed Services''

          * * * * * * *

   AMENDMENTS TO CERTAIN LAWS APPLICABLE TO COAST AND GEODETIC SURVEY

    [Sec. 9. (a) Section 3(a) of the Act of August 10, 1956, 
ch. 1041, as amended (33 U.S.C. 857a(a)), is amended by adding 
the following new clause at the end thereof:
          [``(10) Chapter 40. Leave.''
    [(b) The Act of June 3, 1948, ch. 390, as amended, is 
further amended as follows:
          [(1) Section 9 (33 U.S.C. 853h) is amended by 
        striking out the words ``active-duty pay with longevity 
        credit'' wherever they appear and inserting the words 
        ``basic pay'' in place thereof.
          [(2) Section 16(a) (33 U.S.C. 853o(a)) is amended by 
        striking out the words ``active-duty pay with longevity 
        credit'' wherever they appear and inserting the words 
        ``basic pay'' in place thereof.
    [(c) Active service in the Coast and Geodetic Survey as a 
deck officer or junior engineer and active service counted on 
June 30, 1992, for longevity pay, shall be credited to 
commissioned officers as active commissioned service for 
purposes of retirement and retirement pay.]
                              ----------                              


                          ACT OF MAY 22, 1917

    Chap. 20.--An Act To temporarily increase the commissioned 
and warrant and enlisted strength of the Navy and Marine Corps, 
and for other purposes.
          * * * * * * *
    [Sec. 16. The President is authorized, whenever in his 
judgment a sufficient national emergency exists, to transfer to 
the service and jurisdiction of a military department such 
vessels, equipment, stations, and commissioned officers of the 
Environmental Science Services Administration as he may deem to 
the best interest of the country, and after such transfer all 
expenses connected therewith shall be defrayed out of the 
appropriations for the department to which transfer is made: 
Provided, That such vessels, equipment, stations, and 
commissioned officers shall be returned to the Environmental 
Science Services Administration when such national emergency 
ceases, in the opinion of the President, and nothing in this 
section shall be construed as transferring the Environmental 
Science Services Administration or any of its functions from 
the Department of Commerce except in time of national emergency 
and to the extent herein provided: Provided further, That any 
of the commissioned officers of the Environmental Science 
Services Administration who may be transferred as provided in 
this section, shall, while under the jurisdiction of a military 
department, have proper military status and shall be subject to 
the laws, regulations, and orders for the government of the 
Army, Navy, or Air Force, as the case may be, insofar as the 
same may be applicable to persons whose retention permanently 
in the military service of the United States is not 
contemplated by law.
    [Nothing in this Act shall reduce the total amount of pay 
and allowances they were receiving at the time of transfer. 
While actually employed in active service under direct orders 
of the War Department or of the Navy Department members of the 
Coast and Geodetic Survey shall receive the benefit of all 
provisions of laws relating to disability incurred in line of 
duty or loss of life.
    [When serving with the Army, Navy, or Air Force, 
commissioned officers of the Coast and Geodetic Survey shall 
rank with and after officers of corresponding grade in the 
Army, Navy, or Air Force of the same length of service in 
grade.
    [And nothing in this Act shall be construed to affect or 
alter their rates of pay and allowances when not assigned to 
military duty as hereinbefore mentioned.
    [The Secretary of Defense and the Secretary of Commerce 
shall jointly prescribe regulations governing the duties to be 
performed by the Environmental Science Services Administration 
in time of war, and for the cooperation of that service with 
the military departments in time of peace in preparation for 
its duties in war, which regulations shall not be effective 
unless approved by each of those Secretaries, and included 
therein may be rules and regulations for making reports and 
communications between a military department and the 
Environmental Science Services Administration.]
                              ----------                              


                        ACT OF DECEMBER 3, 1942

    AN ACT Authorizing the temporary appointment or advancement of 
 commissioned officers of the Coast and Geodetic Survey in time of war 
             or national emergency, and for other purposes

    [Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
Personnel of the Environmental Science Services Administration 
shall be subject in like manner and to the same extent as 
personnel of the Navy to all laws authorizing temporary 
appointment or advancement of commissioned officers in time of 
war or national emergency subject to the following limitations:
          [(1) Commissioned officers in the service of a 
        military department, under the provisions of section 16 
        of the Act of May 22, 1917 (40 Stat. 87), as amended, 
        may, upon the recommendation of the Secretary of the 
        military department concerned, be temporarily promoted 
        to higher ranks or grades.
          [(2) Commissioned officers in the service of the 
        Environmental Science Services Administration may be 
        temporarily promoted to fill vacancies in ranks and 
        grades caused by the transfer of commissioned officers 
        to the service and jurisdiction of a military 
        department under the provisions of section 16 of the 
        Act of May 22, 1917 (40 Stat. 87), as amended.
          [(3) Temporary appointments may be made in all grades 
        to which original appointments in the Environmental 
        Science Service Administration are authorized: 
        Provided, That the number of officers holding temporary 
        appointments shall not exceed the number of officers 
        transferred to a military department under the 
        provisions of section 16 of the Act of May 22, 1917 (40 
        Stat. 87), as amended.
          * * * * * * *
    [Sec. 3. Any commissioned officer of the Coast and Geodetic 
Survey promoted to a higher grade at any time after December 7, 
1941, shall be deemed for all purposes to have accepted his 
promotion to higher grade upon the date such promotion is made 
by the President unless he shall expressly decline such 
promotion, and shall receive the pay and allowances of the 
higher grade from such date unless he is entitled under some 
other provision of law to receive the pay and allowances of the 
higher grade from an earlier date. No such officer who shall 
have subscribed to the oath of office required by section 1757, 
Revised Statutes, shall be required to renew such oath or to 
take a new oath upon his promotion to a higher grade, if his 
service after the taking of such an oath shall have been 
continuous.]
                              ----------                              --
--------


                           PUBLIC LAW 91-621

 AN ACT To clarify the status and benefits of commissioned officers of 
  the National Oceanic and Atmospheric Administration, and for other 
                                purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
    [Section 1. Definitions listed in section 101 of title 10, 
United States Code, apply to this Act, except as noted below:
          [(1) ``active duty'' means full-time duty in the 
        active service of a uniformed service;
          [(2) ``Administration'' means the National Oceanic 
        and Atmospheric Administration;
          [(3) ``grade'' means a step or degree, in a graduated 
        scale of office or rank, that is established and 
        designated as a grade by law or regulation;
          [(4) ``officer'' means a commissioned officer;
          [(5) ``Secretary'' means the Secretary of Commerce;
          [(6) ``Secretary concerned'' as defined in section 
        101 of title 37, United States Code.
          [(7) ``uniformed services'' is defined in section 101 
        of title 37, United States Code.
    [Sec. 2. Each officer retired pursuant to any provision of 
law shall be placed on the retired list with the highest grade 
satisfactorily held by him while on active duty including 
active duty pursuant to recall, under permanent or termpoary 
appointment, and he shall receive retired pay based on such 
highest grade: Provided, That his performance of duty in such 
highest grade has been satisfactory, as determined by the 
Secretary of the department or departments under whose 
jurisdiction the officer served, and unless retired for 
disability, his length of service in such highest grade is no 
less than that required by the Secretary of officers retiring 
under permanent appointment in that grade.
    [Sec. 3. (a) Active service of officers of the 
Administration shall be deemed to be active military service in 
the armed forces of the United States for the purposes of all 
rights, privileges, immunities, and benefits now or hereafter 
provided by--
          [(1) laws administered by the Secretary of Veterans 
        Affairs;
          [(2) laws administered by the Interstate Commerce 
        Commission; and
          [(3) the Soldiers' and Sailors' Civil Relief Act of 
        1940, as amended.
In the administration of these laws and regulations, with 
respect to the National Oceanic and Atmospheric Administration, 
the authority vested in the Secretary of Defense, the Secretary 
of the Army, the Secretary of the Navy, and the Secretary of 
the Air Force and their respective departments shall be 
exercised by the Secretary of Commerce.
    [(b) The Secretary may provide medical and dental care, 
including care in private facilities, for personnel of the 
Administration entitled to that care by law or regulation.
    [Sec. 4. (a) Commissioned officers, ships' officers, and 
members of crews of vessels of the Administration shall be 
permitted to purchase commissary and quartermaster supplies as 
far as available from the armed forces at the prices charged 
officers and enlisted men of those services.
    [(b) The Secretary may purchase ration supplies for messes, 
stores, uniforms, accouterments, and related equipment for sale 
aboard ship and shore stations of the Administration to members 
of the uniformed services and to personnel assigned to such 
ships or shore stations. Sales shall be in accordance with 
regulations prescribed by the Secretary, and proceeds therefrom 
shall, as far as is practicable, fully reimburse the 
appropriations charged without regard to fiscal year.
    [(c) Rights extended to members of the uniformed services 
in this section are extended to their widows and to such others 
as are designated by the Secretary concerned.
    [Sec. 5. (a) All statutes that applied to commissioned 
officers of the Coast and Geodetic Survey on July 12, 1965, 
shall apply to officers of the Environmental Science Services 
Administration on that date and subsequent thereto, unless 
amended or repealed, and service as a commissioned officer in 
the Coast and Geodetic Survey shall constitute service as a 
commissioned officer in the Environmental Science Services 
Administration.
    [(b) All statutes that applied to commissioned officers of 
the Coast and Geodetic Survey on July 12, 1965, and to 
commissioned officers of the Environmental Science Services 
Administration subsequent to that date shall apply to officers 
of the National Oceanic and Atmospheric Administration on 
October 3, 1970, and subsequent thereto, unless amended or 
repealed, and service as a commissioned officer in the Coast 
and Geodetic Survey or the Environmental Science Services 
Administration shall constitute service as a commissioned 
officer in the National Oceanic and Atmospheric Administration.
    [(c) The enactment of this Act does not increase or 
decrease the pay or allowances of any person.
    [(d) A reference to a law replaced by this Act, including a 
reference in a regulation, order, or other law, is deemed to 
refer to the corresponding provisions enacted by this Act.
    [(e) An order, rule, or regulation in effect under a law 
replaced by this Act continues in effect under the 
corresponding provisions enacted by this Act until repealed, 
amended, or superseded.
    [(f) An inference of a legislative construction is not to 
be drawn by reason of the location in the United States Code of 
a provision enacted by this Act or by reason of the caption or 
catchline thereof.
    [(g) If any provision of this Act or the application 
thereof to any person or circumstances is held invalid, the 
remainder of this Act and the application of such provision to 
other persons or circumstances shall not be affected thereby.]
                              ----------                              --
--------


                         ACT OF AUGUST 10, 1956

 AN ACT To revise, codify, and enact into law, title 10 of the United 
  States Code, entitled ``Armed Forces'', and title 32 of the United 
                States Code, entitled ``National Guard''

          * * * * * * *

        [PARTS OF TITLE 10 ADOPTED FOR COAST AND GEODETIC SURVEY

    [Sec. 3. (a) The rules of law that apply to the Armed 
Forces under the following provisions of title 10, Armed 
Forces, United States Code, including changes in those rules 
made after the effective date of this Act, apply also to the 
Coast and Geodetic Survey:
          [(1) Section 1036, Escorts for dependents of members: 
        transportation and travel allowances.
          [(2) Chapter 61, Retirement or Separation for 
        Physical Disability.
          [(3) Chapter 69, Retired Grade, except sections 1370, 
        1374, 1375, and 1387(a).
          [(4) Chapter 71, Computation of Retired Pay, except 
        formula No. 3 of section 1401.
          [(5) Chapter 73, Retired Serviceman's Family 
        Protection Plan; Survivor Benefit Plan.
          [(6) Chapter 75, Death Benefits.
          [(7) Section 2771, Final settlement of accounts: 
        deceased members.
          [(8) Sections 2731, 2732, and 2735, property loss 
        incident to service.
          [(9) Such other provisions of subtitle A as may be 
        adopted for applicability to the Coast and Geodetic 
        Survey by any other provision of law.
          [(10) Chapter 40. Leave.
          [(11) Section 2634, Motor vehicles: for members on 
        permanent change of station.
          [(12) Section 1035, Deposits of Savings.
          [(13) Section 716, Commissioned officers: transfers 
        among the Armed Forces, the National Oceanic and 
        Atmospheric Administration, and the Public Health 
        Service.
          [(14) Section 7572(b), Quarters: accommodations in 
        place of for members on sea duty.
    [(b) The authority vested by title 10, United States Code, 
in the ``military departments'' Secretary concerned'', or ``the 
Secretary of Defense'' with respect to the provisions of law 
referred to in subsection (a) shall be exercised, with respect 
to the Coast and Geodetic Survey, by the Secretary of Commerce 
or his designee.]
                              ----------                              


                          ACT OF MAY 18, 1920

    Chap. 190.--An Act To increase the efficiency of the 
commissioned and enlisted personnel of the Army, Navy, Marine 
Corps, Coast Guard, Coast and Geodetic Survey, and Public 
Health Service.
          * * * * * * *
    [Sec. 11. That in lieu of compensation now prescribed by 
law, commissioned officers of the Coast and Geodetic Survey 
shall receive the same pay and allowances as now are or 
hereafter may be prescribed for officers of the Navy with whom 
they hold relative rank as prescribed in the Act of May 22, 
1917, entitled ``An Act to temporarily increase the 
commissioned and warrant and enlisted strength of the Navy and 
Marine Corps, and for other purposes,'' including longevity; 
and all laws relating to the retirement of commissioned 
officers of the Navy shall hereafter apply to commissioned 
officers of the Coast and Geodetic Survey: Provided, That 
hereafter longevity pay for officers in the Army, Navy, Marine 
Corps, Coast Guard, Public Health Service, and Coast and 
Geodetic Survey shall be based on the total of all service in 
any or all of said services.]
                              ----------                              


                          ACT OF JULY 22, 1947

   AN ACT To provide basic authority for the performance of certain 
  functions and activities of the Coast and Geodetic Survey, and for 
                             other purposes

    [Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, That the 
Coast and Geodetic Survey is hereby authorized to provide, from 
appropriations now or hereafter made available to the Survey, 
for--
    [(a) Transportation (including packing, unpacking, crating, 
and uncrating) of personal and household effects of 
commissioned officers who die on active duty to the official 
residence of record for such officers, or, upon application by 
their dependents, to such other locations as may be determined 
by the Director of the Coast and Geodetic Survey or by such 
person as he may designate.
    [(b) Reimbursement, under regulations prescribed by the 
Secretary, of commissioned officers for food, clothing, 
medicines, and other supplies furnished by them for the 
temporary relief of distressed persons in remote localities and 
to shipwrecked persons temporarily provided for by them.
    [Sec. 2. The Secretary of Commerce is hereby authorized to 
pay extra compensation to members of crews of vessels when 
assigned duties as instrument observer or recorder, and to 
employees of other Federal agencies while observing tides or 
currents, or tending seismographs or magnetographs, at such 
rates as may be specified from time to time by him and without 
regard to section 301 of the Dual Compensation Act.]
                              ----------                              


                         ACT OF AUGUST 3, 1956

AN ACT To authorize officers of the Coast and Geodetic Survey to act as 
              notaries in places outside the United States

    [Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, That, in 
places where the Coast and Geodetic Survey is serving which are 
not within the jurisdiction of any one of the States of the 
continental United States, excluding Alaska commanding officers 
of Coast and Geodetic Survey vessels, and such other officers 
of the Coast and Geodetic Survey as the Secretary of Commerce 
may designate, may exercise the general powers of the notary 
public in the administration of oaths for the execution, 
acknowledgment, and attestation of instruments and papers, and 
the performance of all other notarial acts. The powers hereby 
conferred shall be limited to acts performed in behalf of the 
personnel of the Coast and Geodetic Survey or in connection 
with the proper execution of the functions of that agency.
    [Sec. 2. No fee of any kind shall be paid to any officer 
for the performance of any notarial act herein authorized. The 
signature without seal together with indication of grade of any 
officer performing any notarial act shall be prima facie 
evidence of his authority.]
                              ----------                              


    NATIONAL ADVISORY COMMITTEE ON OCEANS AND ATMOSPHERE ACT OF 1977

  AN ACT To establish qualifications for individuals appointed to the 
 National Advisory Committee on Oceans and Atmosphere and to authorize 
         appropriations for the Committee for fiscal year 1978

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [Tht this 
Act may be cited as the ``National Advisory Committee on Oceans 
and Atmosphere Act of 1977''.

[SEC. 2. ESTABLISHMENT.

    [There is hereby established a committee of 18 members to 
be known as the National Advisory Committee on Oceans and 
Atmosphere (hereinafter in this Act referred to as the 
``Committee'').

[SEC. 3. MEMBERSHIP, TERMS, AND DUTIES.

    [(a) Membership.--The members of the Committee, who may not 
be full-time officers or employees of the United States, shall 
be appointed by the President. Members shall be appointed only 
from among individuals who are eminently qualified by way of 
knowledge and expertise in the following areas of direct 
concern to the Committee--
          [(1) one or more of the disciplines and fields 
        included in marine science and technology, marine 
        industry, marine-related State and local governmental 
        functions, coastal zone management, or other fields 
        directly appropriate for consideration of matters of 
        ocean policy; or
          [(2) one or more of the disciplines and fields 
        included in atmospheric science, atmospheric-related 
        State and local governmental functions, or other fields 
        directly appropriate for consideration of matters of 
        atmospheric policy.
    [(b) Terms.--(1) The term of office of a member of the 
Committee shall be 3 years; except that of the original 
appointees, 6 shall be appointed for a term to expire on July 
1, 1979, 6 shall be appointed for a term to expire on July 1, 
1980, and 6 shall be appointed for a term to expire on July 1, 
1981.
    [(2) Any individual appointed to fill a vacancy occurring 
before the expiration of the term for which his or her 
predecessor was appointed shall be appointed only for the 
remainder of such term. No individual may be reappointed to the 
Committee for more than one additional 3-year term. A member 
may serve after the date of the expiration of the term of 
office for which appointed until his or her successor has taken 
office. The terms of office for members first appointed after 
the date of enactment of this Act shall begin on July 1, 1977.
    [(c) Chairman.--The President shall designate one of the 
members of the Committee as the Chairman and one of the members 
as the Vice Chairman. The Vice Chairman shall act as Chairman 
in the absence or incapacity of, or in the event of a vacancy 
in the office of, the Chairman.
    [(d) Duties.--The Committee shall--
          [(1) undertake a continuing review, on a selective 
        basis, of national ocean policy, coastal zone 
        management, and the status of the marine and 
        atmospheric science and service programs of the United 
        States; and
          [(2) advise the Secretary of Commerce with respect to 
        the carrying out of the programs administered by the 
        National Oceanic and Atmospheric Administration.

[SEC. 4. REPORTS.

    [(a) In General.--The Committee shall submit an annual 
report to the President and to the Congress setting forth an 
assessment, on a selective basis, of the status of the Nation's 
marine and atmospheric activities, and shall submit such other 
reports as may from time to time be requested by the President 
or the Congress.
    [(b) Review by Secretary.--Each annual report shall also be 
submitted to the Secretary of Commerce, who shall, within 60 
days after receipt thereof, transmit his or her comments and 
recommendations to the President and to the Congress.
    [(c) Annual Report Submittal.--The annual report required 
under subsection (a) shall be submitted on or before June 30 of 
each year, beginning with June 30, 1978.

[SEC. 5. COMPENSATION AND TRAVEL EXPENSES.

    [Members of the Committee shall each be entitled to receive 
compensation not to exceed the daily rate for a GS-18 for each 
day (including traveltime) during which they are engaged in the 
actual performance of the duties of the Committee. In addition, 
while away from their homes or regular places of business in 
the performance of the duties of the Committee, each member of 
the Committee shall be allowed travel expenses, including per 
diem in lieu of subsistence, in the same manner as persons 
employed intermittently in the Government service are allowed 
expenses under section 5703(b) of title 5 of the United States 
Code.

[SEC. 6. INTERAGENCY COOPERATION AND ASSISTANCE.

    [(a) Liaison.--The head of each department or agency of the 
Federal Government concerned with marine and atmospheric 
matters shall designate a senior policy official to participate 
as observer in the work of the Committee and offer necessary 
assistance.
    [(b) Agency Assistance.--The Committee is authorized to 
request from the head of any department, agency, or independent 
instrumentality of the Federal Government any information and 
assistance it deems necessary to carry out the functions 
assigned under this Act. The head of each such department, 
agency, or instrumentality is authorized to cooperate with the 
Committee, and, to the extent permitted by law, to furnish such 
information and assistance to the Committee upon request made 
by the Chairman, without reimbursement for such services and 
assistance.
    [(c) Administrative Assistance.--The Secretary of Commerce 
shall make available to the Committee such staff, information, 
personnel, and administrative services and assistance as may 
reasonably be required to carry out the provisions of this Act.

[SEC. 7. REPEAL AND TRANSFER.

    [(a) Repeal.--The Act of August 16, 1971 (establishing an 
advisory committee on oceans and atmosphere) (33 U.S.C. 857-6 
et seq.) is hereby repealed.
    [(b) Transfer.--All personnel, positions, records, and 
unexpended balances of appropriations, allocations, and other 
funds employed, used, held, available, or to be made available 
in connection with the functions specified by the Act of August 
16, 1971 (establishing an advisory committee on oceans and 
atmosphere), are hereby transferred to the National Advisory 
Committee on Oceans and Atmosphere established by this Act. The 
personnel transferred under this subsection shall be so 
transferred without reduction in classification or compensation 
except, that after such transfer, such personnel shall be 
subject to reductions in classification or compensation in the 
same manner, to the same extent, and according to the same 
procedure as other employees of the United States classified 
and compensated according to the General Schedule in title 5, 
United States Code.

[SEC. 8. AUTHORIZATION FOR APPROPRIATIONS.

    [There are authorized to be appropriated for purposes of 
carrying out the provisions of this Act not to exceed $520,000 
for the fiscal year ending September 30, 1978, $572,000 for the 
fiscal year ending September 30, 1979, $565,000 for the fiscal 
year ending September 30, 1980, $600,000 for the fiscal year 
ending September 30, 1981, and $555,000 for the fiscal year 
ending September 30, 1982. Such sums as may be appropriated 
under this section shall remain available until expended.]
                              ----------                              


                  OCEAN THERMAL CONVERSION ACT OF 1980

   AN ACT To regulate commerce, promote energy self-sufficiency, and 
 protect the environment, by establishing procedures for the location, 
    construction, and operation of ocean thermal energy conversion 
 facilities and plantships to produce electricity and energy-intensive 
  products off the coasts of the United States; to amend the Merchant 
 Marine Act, 1936, to make available certain financial assistance for 
 construction and operation of such facilities and plantships; and for 
                             other purposes

    [Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, That 
this Act may be cited as the ``Ocean Thermal Energy Conversion 
Act of 1980''.

[SEC. 2. DECLARATION OF POLICY.

    [(a) It is declared to be the purposes of the Congress in 
this Act to--
          [(1) authorize and regulate the construction, 
        location, ownership, and operation of ocean thermal 
        energy conversion facilities connected to the United 
        States by pipeline or cable, or located in whole or in 
        part between the highwater mark and the seaward 
        boundary of the territorial sea of the United States 
        consistent with the Convention on the High Seas, and 
        general principles of international law;
          [(2) authorize and regulate the construction, 
        location, ownership, and operation of ocean thermal 
        energy conversion plantships documented under the laws 
        of the United States, consistent with the Convention on 
        the High Seas and general principles of international 
        law;
          [(3) authorize and regulate the construction, 
        location, ownership, and operation of ocean thermal 
        energy conversion plantships by United States citizens, 
        consistent with the Convention on the High Seas and 
        general principles of international law;
          [(4) establish a legal regime which will permit and 
        encourage the development of ocean thermal energy 
        conversion as a commercial energy technology;
          [(5) provide for the protection of the marine and 
        coastal environment, and consideration of the interests 
        of ocean users, to prevent or minimize any adverse 
        impact which might occur as a consequence of the 
        development of such ocean thermal energy conversion 
        facilities or plantships;
          [(6) make applicable certain provisions of the 
        Merchant Marine Act, 1936 (46 U.S.C. 1177 et seq.) to 
        assist in financing of ocean thermal energy conversion 
        facilities and plantships;
          [(7) protect the interests of the United States in 
        the location, construction, and operation of ocean 
        thermal energy conversion facilities and plantships; 
        and
          [(8) protect the rights and responsibilities of 
        adjacent coastal States in ensuring that Federal 
        actions are consistent with approved State coastal zone 
        management programs and other applicable State and 
        local laws.
    [(b) The Congress declares that nothing in this Act shall 
be construed to affect the legal status of the high seas, the 
superjacent airspace, or the seabed and subsoil, including the 
Continental Shelf.

[SEC. 3. DEFINITIONS.

    [As used in this Act, unless the context otherwise 
requires, the term--
          [(1) ``adjacent coastal State'' means any coastal 
        State which is required to be designated as such by 
        section 105(a)(1) of this Act or is designated as such 
        by the Administrator in accordance with section 
        105(a)(2) of this Act;
          [(2) ``Administrator'' means the Administrator of the 
        National Oceanic and Atmospheric Administration;
          [(3) ``antitrust laws'' includes the Act of July 2, 
        1890, as amended, the Act of October 15, 1914, as 
        amended, and sections 73 and 74 of the Act of August 
        27, 1894, as amended;
          [(4) ``application'' means any application submitted 
        under this Act (A) for issuance of a license for the 
        ownership, construction, and operation of an ocean 
        thermal energy conversion facility or plantship; (B) 
        for transfer or renewal of any such license; or (C) for 
        any substantial change in any of the conditions and 
        provisions of any such license;
          [(5) ``coastal State'' means a State in, or bordering 
        on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of 
        Mexico, Long Island Sound, or one or more of the Great 
        Lakes;
          [(6) ``construction'' means any activities conducted 
        at sea to supervise, inspect, actually build, or 
        perform other functions incidental to the building, 
        repairing, or expanding of an ocean thermal energy 
        conversion facility or plantship or any of its 
        components, including but not limited to, piledriving, 
        emplacement of mooring devices, emplacement of cables 
        and pipelines, and deployment of the cold water pipe, 
        and alterations, modifications, or additions to an 
        ocean thermal energy conversion facility or plantship;
          [(7) ``facility'' means an ocean thermal energy 
        conversion facility;
          [(8) ``Governor'' means the Governor of a State or 
        the person designated by law to exercise the powers 
        granted to the Governor pursuant to this Act;
          [(9) ``high seas'' means that part of the oceans 
        lying seaward of the territorial sea of the United 
        States and outside the territorial sea, as recognized 
        by the United States, of any other nation;
          [(10) ``licensee'' means the holder of a valid 
        license for the ownership, construction, and operation 
        of an ocean thermal energy conversion facility or 
        plantship that was issued, transferred, or renewed 
        pursuant to this Act;
          [(11) ``ocean thermal energy conversion facility'' 
        means any facility which is standing, fixed or moored 
        in whole or in part seaward of the highwater mark and 
        which is designed to use temperature differences in 
        ocean water to produce electricity or another form of 
        energy capable of being used directly to perform work, 
        and includes any equipment installed on such facility 
        to use such electricity or other form of energy to 
        produce, process, refine, or manufacture a product, and 
        any cable or pipeline used to deliver such electricity, 
        fresh water, or product to shore, and all other 
        associated equipment and appurtenances of such 
        facility, to the extent they are located seaward of the 
        highwater mark;
          [(12) ``ocean thermal energy conversion plantship'' 
        means any vessel which is designed to use temperature 
        differences in ocean water while floating unmoored or 
        moving through such water, to produce electricity or 
        another form of energy capable of being used directly 
        to perform work, and includes any equipment installed 
        on such vessel to use such electricity or other form of 
        energy to produce, process, refine, or manufacture a 
        product, and any equipment used to transfer such 
        product to other vessels for transportation to users, 
        and all other associated equipment and appurtenances of 
        such vessel;
          [(13) ``plantship'' means an ocean thermal energy 
        conversion plantship;
          [(14) ``person'' means any individual (whether or not 
        a citizen of the United States), any corporation, 
        partnership, association, or other entity organized or 
        existing under the laws of any nation, and any Federal, 
        State, local or foreign government or any entity of any 
        such government;
          [(15) ``State'' means each of the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        American Samoa, the United States Virgin Islands, Guam, 
        the Commonwealth of the Northern Marianas, and any 
        other Commonwealth, territory, or possession over which 
        the United States has jurisdiction;
          [(16) ``Test platform'' means any floating or moored 
        platform, barge, ship, or other vessel which is 
        designed for limited-scale, at sea operation in order 
        to test or evaluate the operation of components or all 
        of an ocean thermal energy conversion system and which 
        will not operate as an ocean thermal energy conversion 
        facility or plantship after the conclusion of such 
        tests or evaluation;
          [(17) ``thermal plume'' means the area of the ocean 
        in which a significant difference in temperature, as 
        defined in regulations by the Administrator, occurs as 
        a result of the operation of an ocean thermal energy 
        conversion facility or plantship; and
          [(18) ``United States citizen'' means (A) any 
        individual who is a citizen of the United States by 
        law, birth, or naturalization; (B) any Federal, State, 
        or local government in the United States, or any entity 
        of any such government; or (C) any corporation, 
        partnership, association, or other entity, organized or 
        existing under the laws of the United States, or of any 
        State, which has as its president or other executive 
        officer and as its chairman of the board of directors, 
        or holder of similar office, an individual who is a 
        United States citizen and which has no more of its 
        directors who are not United States citizens than 
        constitute a minority of the number required for a 
        quorum necessary to conduct the business of the board.

[TITLE I--REGULATION OF OCEAN THERMAL ENERGY CONVERSION FACILITIES AND 
                               PLANTSHIPS

[SEC. 101. LICENSE FOR THE OWNERSHIP, CONSTRUCTION, AND OPERATION OF AN 
                    OCEAN THERMAL ENERGY CONVERSION FACILITY OR 
                    PLANTSHIP.

    [(a) No person may engage in the ownership, construction, 
or operation of an ocean thermal energy conversion facility 
which is documented under the laws of the United States, which 
is located in whole or in part between the highwater mark and 
the seaward boundary of the territorial sea of the United 
States, or which is connected to the United States by pipeline 
or cable, except in accordance with a license issued pursuant 
to this Act. No citizen of the United States may engage in the 
ownership, construction or operation of an ocean thermal energy 
conversion plantship except in accordance with a license issued 
pursuant to this Act, or in accordance with a license issued by 
a foreign nation whose licenses are found by the Administrator, 
after consultation with the Secretary of State, to be 
compatible with licenses issued pursuant to this Act.
    [(b) The Administrator shall, upon application and in 
accordance with the provisions of this Act, issue, transfer, 
amend, or renew licenses for the ownership, construction, and 
operation of--
          [(1) ocean thermal energy conversion plantships 
        documented under the laws of the United States, and
          [(2) ocean thermal energy conversion facilities 
        documented under the laws of the United States, located 
        in whole or in part between the highwater mark and the 
        seaward boundary of the territorial sea of the United 
        States, or connected to the United States by pipeline 
        or cable.
    [(c) The Administrator may issue a license to a citizen of 
the United States in accordance with the provisions of this Act 
unless--
          [(1) he determines that the applicant cannot or will 
        not comply with applicable laws, regulations, and 
        license conditions;
          [(2) he determines that the construction and 
        operation of the ocean thermal energy conversion 
        facility or plantship will not be in the national 
        interest and consistent with national security and 
        other national policy goals and objectives, including 
        energy self-sufficiency and environmental quality;
          [(3) he determines, after consultation with the 
        Secretary of the department in which the Coast Guard is 
        operating, that the ocean thermal energy conversion 
        facility or plantship will not be operated with 
        reasonable regard to the freedom of navigation or other 
        reasonable uses of the high seas and authorized uses of 
        the Continental Shelf, as defined by United States law, 
        treaty, convention, or customary international law;
          [(4) he has been informed, within 45 days after the 
        conclusion of public hearings on that application, or 
        on proposed licenses for the designated application 
        area, by the Administrator of the Environmental 
        Protection Agency that the ocean thermal energy 
        conversion facility or plantship will not conform with 
        all applicable provisions of any law for which he has 
        regulatory authority;
          [(5) he has received the opinion of the Attorney 
        General, pursuant to section 104 of this Act, stating 
        that issuance of the license would create a situation 
        in violation of the antitrust laws, or the 90-period 
        provided in section 104 has not expired;
          [(6) he has consulted with the Secretary of Energy, 
        the Secretary of Transportation, the Secretary of 
        State, the Secretary of the Interior, and the Secretary 
        of Defense, to determine their views on the adequacy of 
        the application, and its effect on programs within 
        their respective jurisdictions and determines on the 
        basis thereof, that the application for a license is 
        inadequate;
          [(7) the proposed ocean thermal energy conversion 
        facility or plantship will be documented under the laws 
        of a foreign nation;
          [(8) the applicant has not agreed to the condition 
        that no vessel may be used for the transportation to 
        the United States of things produced, processed, 
        refined, or manufactured at the ocean thermal energy 
        conversion facility or plantship unless such vessel is 
        documented under the laws of the United States;
          [(9) when the license is for an ocean thermal energy 
        conversion facility, he determines that the facility, 
        including any submarine electric transmission cables 
        and equipment or pipelines which are components of the 
        facility, will not be located and designed so as to 
        minimize interference with other uses of the high seas 
        or the Continental Shelf, including cables or pipelines 
        already in position on or in the seabed and the 
        possibility of their repair;
          [(10) the Governor of any adjacent coastal State with 
        an approved coastal zone management program in good 
        standing pursuant to the Coastal Zone Management Act of 
        1972 (16 U.S.C. 1451 et seq.) determines that, in his 
        or her view, the application is inadequate or 
        inconsistent with respect to programs with his or her 
        jurisdiction;
          [(11) when the license is for an ocean thermal energy 
        conversion facility, he determines that the thermal 
        plume of the facility is expected to impinge on so as 
        to degrade the thermal gradient used by any other ocean 
        thermal energy conversion facility already licensed or 
        operating, without the consent of its owner;
          [(12) when the license is for an ocean thermal energy 
        conversion facility, he determines that the thermal 
        plume of the facility is expected to impinge on so as 
        to adversely affect the territorial sea or area of 
        national resource jurisdiction, as recognized by the 
        United States, or any other nation, unless the 
        Secretary of State approves such impingement after 
        consultation with such nation;
          [(13) When the license is for an ocean thermal energy 
        conversion plantship, he determines that the applicant 
        has not provided adequate assurance that the plantship 
        will be operated in such a way as to prevent its 
        thermal plume from impinging on so as to degrade the 
        thermal gradient used by any other ocean thermal energy 
        conversion facility or plantship without the consent of 
        its owner, and from impinging on so as to adversely 
        affect the territorial sea or area of national resource 
        jurisdiction, as recognized by the United States, of 
        any other nation unless the Secretary of State approves 
        such impingement after consultation with such nation; 
        or
          [(14) if a regulation has been adopted which places 
        an upper limit on the number or total capacity of ocean 
        thermal energy conversion facilities or plantships to 
        be licensed under this Act for simultaneous operations, 
        either overall or within specific geographic areas, 
        pursuant to a determination under the provisions of 
        section 107(b)(4) of this Act, issuance of the license 
        will cause such upper limit to be exceeded.
    [(d)(1) In issuing a license for the ownership, 
construction, and operation of an ocean thermal energy 
conversion facility or plantship, the Administrator shall 
prescribe conditions which he deems necessary to carry out the 
provisions of this Act, or which are otherwise required by any 
Federal department or agency pursuant to the terms of this Act.
    [(2) No license shall be issued, transferred, or renewed 
under this Act unless the applicant, licensee or transferee 
first agrees in writing that (A) there will be no substantial 
change from the plans, operational systems, and methods, 
procedures, and safeguards set forth in his application, as 
approved, without prior approval in writing from the 
administrator, and (B) he will comply with conditions the 
Administrator may prescribe in accordance with the provisions 
of this Act.
    [(3) The Administrator shall establish such bonding 
requirements or other assurances as he deems necessary to 
assure that, upon the revocation, termination, relinquishment, 
or surrender of a license, the licensee will dispose of or 
remove all components of the ocean thermal energy conversion 
facility or plantship as directed by the Administrator. In the 
case of components which another applicant or licensee desires 
to use, the Administrator may waive the disposal or removal 
requirements until he has reached a decision on the 
application. In the case of components lying on or below the 
seabed, the Administrator may waive the disposal or removal 
requirements if he finds that such removal is not otherwise 
necessary and that the remaining components do not constitute 
any threat to the environment, navigation, fishing, or other 
uses of the seabed.
    [(e) Upon application, a license issued under this Act may 
be transferred if the Administrator determines that such 
transfer is in the public interest and that the transferee 
meets the requirements of this Act and the prerequisites to 
issuance under subsection (c) of this section.
    [(f) Any United States citizen who otherwise qualifies 
under the terms of this Act shall be eligible to be issued a 
license for the ownership, construction, and operation of an 
ocean thermal energy conversion facility or plantship.
    [(g) Licenses issued under this Act shall be for a term of 
not to exceed 25 years. Each licensee shall have a preferential 
right to renew his license subject to the requirements of 
subsection (c) of this section, upon such conditions and for 
such term, not to exceed an additional 10 years upon each 
renewal, as the Administrator determines to be reasonable and 
appropriate.

[SEC. 102. PROCEDURE.

    [(a) The Administrator shall, after consultation with the 
Secretary of Energy and the heads of other Federal agencies, 
issue regulations to carry out the purposes and provisions of 
this Act, in accordance with the provisions of section 553 of 
title 5, United States Code, without regard to subsection (a) 
thereof. Such regulations shall pertain to, but need not be 
limited to, application for issuance, transfer, renewal, 
suspension, and termination of licenses. Such regulations shall 
provide for full consultation and cooperation with all other 
interested Federal agencies and departments and with any 
potentially affected coastal State, and for consideration of 
the views of any interested members of the general public. The 
Administrator is further authorized, consistent with the 
purposes and provisions of this Act, to amend or rescind any 
such regulation. The Administrator shall complete issuance of 
final regulations to implement this Act within 1 year of the 
date of its enactment.
    [(b) The Administrator, in consultation with the Secretary 
of the Interior and the Secretary of the department in which 
the Coast Guard is operating may, if he determines it to be 
necessary, prescribe regulations consistent with the purposes 
of this Act, relating to those activities in site evaluation 
and preconstruction testing at potential ocean thermal energy 
conversion facility or plantship locations that may (1) 
adversely affect the environment; (2) interfere with other 
reasonable uses of the high seas or with authorized uses of the 
Outer Continental Shelf; or (3) pose a threat to human health 
and safety. If the Administrator prescribes regulations 
relating to such activities, such activities may not be 
undertaken after the effective date of such regulations except 
in accordance therewith.
    [(c) Not later than 60 days after the date of enactment of 
this Act, the Secretary of Energy, the Administrator of the 
Environmental Protection Agency, the Secretary of the 
department in which the Coast Guard is operating, the Secretary 
of the Interior, the Chief of Engineers of the United States 
Army Corps of Engineers, and the heads of any other Federal 
departments or agencies having expertise concerning, or 
jurisdiction over, any aspect of the construction or operation 
or ocean thermal energy conversion facilities or plantships, 
shall transmit to the Administrator written description of 
their expertise or statutory responsibilities pursuant to this 
Act or any other Federal law.
    [(d)(1) Within 21 days after the receipt of an application, 
the Administrator shall determine whether the application 
appears to contain all of the information required by paragraph 
(2) of this subsection. If the Administrator determines that 
such information appears to be contained in the application, 
the Administrator shall, no later than 5 days after making such 
a determination, publish notice of the application and a 
summary of the plans in the Federal Register. If the 
Administrator determines that all of the required information 
does not appear to be contained in the application, the 
Administrator shall notify the applicant and take no further 
action with respect to the application until such deficiencies 
have been remedied.
    [(2) Each application shall include such financial, 
technical, and other information as the Administrator 
determines by regulation to be necessary or appropriate to 
process the license pursuant to section 101.
    [(e)(1) At the time notice of an application for an ocean 
thermal energy conversion facility is published pursuant to 
subsection (d) of this section, the Administrator shall publish 
a description in the Federal Register of an application area 
encompassing the site proposed in the application for such 
facility and within which the thermal plume of one ocean 
thermal energy conversion facility might be expected to impinge 
on so as to degrade the thermal gradient used by another ocean 
thermal energy conversion facility, unless the application is 
for a license for an ocean thermal energy conversion facility 
to be located within an application area which has already been 
designated.
    [(2) The Administrator shall accompany such publication 
with a call for submission of any other applications for 
licenses for the ownership, construction, and operation of an 
ocean thermal energy conversion facility within the designated 
application area. Any person intending to file such an 
application shall submit a notice of intent to file an 
application to the Administrator not later than 60 days after 
the publication of notice pursuant to subsection (d) of this 
section, and shall submit the completed application no later 
than 90 days after publication of such notice. The 
Administrator shall publish notice of any such application 
received in accordance with subsection (d) of this section. No 
application for a license for the ownership, construction, and 
operation of an ocean thermal energy conversion facility within 
the designated application area for which a notice of intent to 
file was received after such 60-day period, or which is 
received after such 90-day period has elapsed, shall be 
considered until action has been completed on all timely filed 
applications pending with respect to such application area.
    [(f) An application filed with the Administrator shall 
constitute an application for all Federal authorizations 
required for ownership, construction, and operation of an ocean 
thermal energy conversion facility or plantship, except for 
authorizations required by documentation, inspection, 
certification, construction, and manning laws and regulations 
administered by the Secretary of the department in which the 
Coast Guard is operating. At the time notice of any application 
is published pursuant to subsection (d) of this section, the 
Administrator shall forward a copy of such application to those 
Federal agencies and departments with jurisdiction over any 
aspect of such ownership, construction, or operation for 
comment, review, or recommendation as to conditions and for 
such other action as may be required by law. Each agency or 
department involved shall review the application and, based 
upon legal considerations within its area of responsibility, 
recommend to the Administrator the approval or disapproval of 
the application not later than 45 days after public hearings 
are concluded pursuant to subsection (g) of this section. In 
any case in which an agency or department recommends 
disapproval, it shall set forth in detail the manner in which 
the application does not comply with any law or regulation 
within its area of responsibility and shall notify the 
Administrator of the manner in which the application may be 
amended or the license conditioned so as to bring it into 
compliance with the law or regulation involved.
    [(g) A license may be issued, transferred, or renewed only 
after public notice, opportunity for comment, and public 
hearings in accordance with this subsection. At least one such 
public hearing shall be held in the District of Columbia and in 
any adjacent coastal State to which a facility is proposed to 
directly connected by pipeline or electric transmission cable. 
Any interested person may present relevant material at any such 
hearing. After the hearings required by this subsection are 
concluded, if the Administrator determines that there exist one 
or more specific and material factual issues which may be 
resolved by a formal evidentiary hearing, at least one 
adjudicatory hearing shall be held in the District of Columbia 
in accordance with the provisions of section 554 of title 5, 
United States Code. The record developed in any such 
adjudicatory hearing shall be part of the basis for the 
Administrator's decision to approve or deny a license. Hearings 
held pursuant to this subsection shall be consolidated insofar 
as practicable with hearings held by other agencies. All public 
hearings on all applications with respect to facilities for any 
designated application area shall be consolidated and shall be 
concluded not later than 240 days after notice of the initial 
application has been published pursuant to subsection (d) of 
this section. All public hearings on applications with respect 
to ocean thermal energy conversion plantships shall be 
concluded not later than 240 days after notice of the 
application has been published pursuant tot subsection (d) of 
this section.
    [(h) The Administrator shall no take final action on any 
application unless the applicant has paid to the Administrator 
a reasonable administrative fee, which shall be deposited into 
miscellaneous receipts of the Treasury. The amount of the fee 
imposed by the Administrator on any applicant shall reflect the 
reasonable administrative costs incurred by the National 
Oceanic and Atmospheric Administration in reviewing and 
processing the application.
    [(i)(1) The Administrator shall approve or deny any timely 
filed application with respect to a facility for a designated 
application area submitted in accordance with the provision of 
this Act not later than 90 days after public hearings on 
proposed licenses for that area are concluded pursuant to 
subsection (g) of this section. The Administrator shall approve 
or deny an application for a license for ownership, 
construction, and operation of an ocean thermal energy 
conversion plantship submitted pursuant to this Act no later 
than 90 days after the public hearings on that application are 
concluded pursuant to subsection (g) of this section.
    [(2) In the event more than one application for a license 
for ownership, construction, and operation of an ocean thermal 
energy conversion facility is submitted pursuant to this Act 
for the same designated application area, the Administrator, 
unless one or a specific combination of the proposed facilities 
clearly best serves the national interest, shall make decisions 
on license applications in the order in which they were 
submitted to him.
    [(3) In determining whether any one or a specific 
combination of the proposed ocean thermal energy conversion 
facilities clearly best serves the national interest, the 
Administrator, in consultation with the Secretary of Energy, 
shall consider the following factors:
          [(A) the goal of making the greatest possible use of 
        ocean thermal energy conversion by installing the 
        largest capacity practicable in each application area;
          [(B) the amount of net energy impact of each of the 
        proposed ocean thermal energy conversion facilities;
          [(C) the degree to which the proposed ocean thermal 
        energy conversion facilities will affect the 
        environment;
          [(D) any significant differences between anticipated 
        dates and commencement of operation of the proposed 
        ocean thermal energy conversion facilities; and
          [(E) any differences in costs of construction and 
        operation of the proposed ocean thermal energy 
        conversion facilities, to the extent that such 
        differentials may significantly affect the ultimate 
        cost of energy or products to the consumer.

[SEC. 103. PROTECTION OF SUBMARINE ELECTRIC TRANSMISSION CABLES AND 
                    EQUIPMENT.

    [(a) Any person who shall willfully and wrongfully break or 
injure, or attempt to break or injure, or who shall in any 
manner procure, counsel, aid, abet, or be accessory to such 
breaking or injury, or attempt to break or injure, any 
submarine electric transmission cable or equipment being 
constructed or operated under a license issued pursuant to this 
Act shall be guilty of a misdemeanor and, on conviction 
thereof, shall be liable to imprisonment for a term not 
exceeding 2 years, or to a fine not exceeding $5,000, or to 
both fine and imprisonment, at the discretion of the court.
    [(b) Any person who by culpable negligence shall break or 
injure any submarine electric transmission cable or equipment 
being constructed or operated under a license issued pursuant 
to this Act shall be guilty of a misdemeanor and, on conviction 
thereof, shall be liable to imprisonment for a term not 
exceeding 3 months, or to a fine not exceeding $500, or to both 
fine and imprisonment, at the discretion of the court.
    [(c) The provisions of subsections (a) and (b) of this 
section shall not apply to any person who, after having taken 
all necessary precautions to avoid such breaking or injury, 
breaks or injuries any submarine electric transmission cable or 
equipment in an effort to save the life or limb of himself or 
of any other person, or to save his own or any other vessel.
    [(d) The penalties provided in subsections (a) and (b) of 
this section for the breaking or injury of any submarine 
electric transmission cable or equipment shall not be a bar to 
a suit for damages on account of such breaking or injury.
    [(e) Whenever any vessel sacrifices any anchor, fishing 
net, or other fishing gear to avoid injuring any submarine 
electric transmission cable or equipment being constructed or 
operated under a license issued pursuant to this Act, the 
licensee shall indemnify the owner of such vessel for the items 
sacrificed: Provided, That the owner of the vessel had taken 
all reasonable precautionary measures beforehand.
    [(f) Any licensee who causes any break in or injury to any 
submarine cable or pipeline of any type shall bear the cost of 
the repairs.

[SEC. 104. ANTITRUST REVIEW.

    [(a) Whenever any application for issuance, transfer, or 
renewal of any license is received, the Administrator shall 
transmit promptly to the Attorney General a complete copy of 
such application. Within 90 days of the receipt of the 
application, the Attorney General shall conduct such antitrust 
review of the application as he deems appropriate, and submit 
to the Administrator any advice or recommendations he deems 
advisable to avoid any action upon such application by the 
Administrator which would create a situation inconsistent with 
the antitrust laws. If the Attorney General fails to file such 
views within the 90-day period, the Administrator shall proceed 
as if such views has been received. The Administrator shall not 
issue, transfer, or renew the license during the 90-day period, 
except upon written confirmation by the Attorney General that 
he does not intend to submit any further advice or 
recommendation on the application during such period.
    [(b) The issuance of a license under this Act shall not be 
admissible in any way as a defense to any civil or criminal 
action for violation of the antitrust laws of the United 
States, nor shall it in any way modify or abridge any private 
right of action under such laws. Nothing in this section shall 
be construed to bar the Attorney General or the Federal Trade 
Commission from challenging any anticompetitive situation 
involved in the ownership, construction, or operation of an 
ocean thermal energy conversion facility of plantship.

[SEC. 105. ADJACENT COASTAL STATES.

    [(a)(1) The Administrator, in issuing notice of application 
pursuant to section 102(d) of this title, shall designate as an 
``adjacent coastal State'' any coastal State which (A) would be 
directly connected by electric transmission cable or pipeline 
to an ocean thermal energy conversion facility as proposed in 
an application, or (B) in whose waters any part of such 
proposed ocean thermal energy conversion facility would be 
located, or (C) in whose waters an ocean thermal energy 
conversion plantship would be operated as proposed in an 
application.
    [(2) The Administrator shall, upon request of a State, 
designate such State as an ``adjacent coastal State'' if he 
determines (A) that there is a risk of damage to the coastal 
environment of such State equal to or greater than the risk 
posed to a State required to be designated as an ``adjacent 
coastal State'' by paragraph (1) of this subsection or (B) that 
the thermal plume of the proposed ocean thermal energy 
conversion facility or plantship is likely to impinge on so as 
to degrade the thermal gradient at possible locations for ocean 
thermal energy conversion facilities which could reasonably be 
expected to be directly connected by electric transmission 
cable or pipeline to such State. This paragraph shall apply 
only with respect to requests made by a State not later than 
the 14th day after the date of publication of notice of 
application for a proposed ocean thermal energy conversion 
facility in the Federal Register in accordance with section 
102(d) of this title. The Administrator shall make any 
designation required by this paragraph not later than the 45th 
day after the date he receives such a request from a State.
    [(b)(1) Not later than 5 days after the designation of an 
adjacent coastal State pursuant to this section, the 
Administrator shall transmit a complete copy of the application 
to the Governor of such State. The Administrator shall not 
issue a license without consultation with the Governor of each 
adjacent coastal State which has an approved coastal zone 
management program in good standing pursuant to the Coastal 
Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). If the 
Governor of such a State has not transmitted his approval or 
disapproval to the Administrator by the 45th day after public 
hearings on the application are concluded pursuant to section 
102(g) of this title, such approval shall be conclusively 
presumed. If the Governor of such a State notifies the 
Administrator that an application which the Governor would 
otherwise pursuant to this paragraph is inconsistent in some 
respect with the State's coastal zone management program, the 
Administrator shall condition the license granted so as to make 
it consistent with such State program.
    [(2) Any adjacent coastal State which does not have an 
approved coastal zone management program in good standing, and 
any other interested State, shall have the opportunity to make 
its views known to, and to have them given full consideration 
by, the Administrator regarding the location, construction, and 
operation of an ocean thermal energy conversion facility or 
plantship.
    [(c) The consent of Congress is given to 2 or more States 
to negotiate and enter into agreements or compacts, not in 
conflict with any law or treaty of the United States, (1) to 
apply for a license for the ownership, construction, and 
operation of an ocean thermal energy conversion facility or 
plantship or for the transfer of such a license, and (2) to 
establish such agencies, joint or otherwise, as are deemed 
necessary or appropriate for implementing and carrying out the 
provisions of any such agreement or compact. Such agreement or 
compact shall be binding and obligatory upon any State or other 
party thereto without further approval by the Congress.

[SEC. 106. DILIGENCE REQUIREMENTS.

    [(a) The Administrator shall promulgate regulations 
requiring each licensee to pursue diligently the construction 
and operation of the ocean thermal energy conversion facility 
or plantship to which the license applies.
    [(b) If the Administrator determines that a licensee is not 
pursuing diligently the construction and operations of the 
ocean thermal energy conversion facility or plantship to which 
the license applies, or that the project has apparently been 
abandoned, the Administrator shall cause proceedings to be 
instituted under section 111 of this title to terminate the 
license.

[SEC. 107. PROTECTION OF THE ENVIRONMENT.

    [(a) The administrator shall initiate a program to assess 
the effects on the environment of ocean thermal energy 
conversion facilities or plantships. The program shall include 
baseline studies of locations where ocean thermal energy 
conversion facilities and plantships are likely to be sited or 
operated; and research; and monitoring of the effects of ocean 
thermal energy conversion facilities and plantships in actual 
operation. The purpose of the program shall be to assess the 
environmental effects of individual ocean thermal energy 
facilities and plantships, and to assess the magnitude of any 
cumulative environmental effects of large numbers of ocean 
thermal energy facilities and plantships.
    [(b) The program shall be designed to determine, among 
other things--
          [(1) any short-term and long-term effects on the 
        environment which may occur as a result of the 
        operation of ocean thermal energy conversion facilities 
        and plantships;
          [(2) the nature and magnitude of any oceanographic, 
        atmospheric, weather, climatic, or biological changes 
        in the environment which may occur as a result of 
        deployment and operation of large numbers of ocean 
        thermal energy conversion facilities and plantships;
          [(3) the nature and magnitude of any oceanographic, 
        biological or other changes in the environment which 
        may occur as a result of the operation of electric 
        transmission cables and equipment located in the water 
        column or on or in the seabed, including the hazards of 
        accidentally severed transmission cables; and
          [(4) whether the magnitude of one or more of the 
        cumulative environmental effects of deployment and 
        operation of large numbers of ocean thermal energy 
        conversion facilities and plantships requires that an 
        upper limit be placed on the number or total capacity 
        of such facilities or plantships to be licensed under 
        this Act for simultaneous operation, either overall or 
        within specific geographic areas.
    [(c) Within 180 days after enactment of this Act, the 
Administrator shall prepare a plan to carry out the program 
described in subsections (a) and (b) of this section, including 
necessary funding levels for the next 5 fiscal years, and 
submit the plan to the Congress.
    [(d) The program established by subsections (a) and (b) of 
this section shall be reduced to the minimum necessary to 
perform baseline studies and to analyze monitoring data, when 
the Administrator determines that the program has resulted in 
sufficient knowledge to make the determinations enumerated in 
subsection (b) of this section with an acceptable level of 
confidence.
    [(e) The issuance of any license for ownership, 
construction, and operation of an ocean thermal energy 
conversion facility or plantship shall be deemed to be a major 
Federal action significantly affecting the quality of the human 
environment for purposes of section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). For 
all timely applications covering purposed facilities in a 
single application area, and for each application relating to a 
proposed plantship, the Administrator shall, pursuant to such 
section 102(2)(C) and in cooperation with other involved 
Federal agencies and departments, prepare a single 
environmental impact statement, which shall fulfill the 
requirement of all Federal agencies in carrying out their 
responsibilities pursuant to this Act to prepare an 
environmental impact statement. Each such draft environmental 
impact statement relating to proposed facilities shall be 
prepared and published within 180 days after notice of the 
initial application has been published pursuant to section 
102(d) of this title. Each such draft environmental impact 
statement relating to a proposed plantship shall be prepared 
and published within 180 days after notice of the application 
has been published pursuant to section 102(d) of this title. 
Each final environmental impact statement shall be published 
not later than 90 days following the date on which public 
hearings are concluded pursuant to section 102(g) of this 
title. The Administrator may extend the deadline for 
publication of a specific draft or final environmental impact 
statement to a later specified time for good cause shown in 
writing.
    [(f) An ocean thermal energy conversion facility or 
plantship licensed under this title shall be deemed not to be a 
``vessel or other floating craft'' for the purposes of section 
502(12)(B) of the Federal Water Pollution Control Act of 1972 
(33 U.S.C. 1362(12)(B)).

[SEC. 108. MARINE ENVIRONMENTAL PROTECTION AND SAFETY OF LIFE AND 
                    PROPERTY AT SEA.

    [(a) The Secretary of the department in which the Coast 
Guard is operating shall, subject to recognized principles of 
international law, prescribe by regulation and enforce 
procedures with respect to any ocean thermal energy conversion 
facility or plantship licensed under this Act, including, but 
not limited to, rules governing vessel movement, procedures for 
transfer of materials between such a facility or plantship and 
transport vessels, designation and marking of anchorage areas, 
maintenance, law enforcement, and the equipment, training, and 
maintenance required (1) to promote the safety of life and 
property at sea, (2) to prevent pollution of the marine 
environment, (3) to clean up any pollutants which may be 
discharged, and (4) to otherwise prevent or minimize any 
adverse impact from the construction and operation of such 
ocean thermal energy conversion facility or plantship.
    [(b) The Secretary of the department in which the Coast 
Guard is operating shall issue and enforce regulations, subject 
to recognized principles of international law, with respect to 
lights and other warning devices, safety equipment, and other 
matters relating to the promotion of safety of life and 
property on any ocean thermal energy conversion facility or 
plantship licensed under this Act.
    [(c) Whenever a licensee fails to mark any component of 
such an ocean thermal energy conversion facility or plantship 
in accordance with applicable regulations, the Secretary of the 
department in which the Coast Guard is operating shall mark 
such components for the protection of navigation, and the 
licensee shall pay the cost of such marking.
    [(d)(1) Subject to recognized principles of international 
law and after consultation with the Secretary of Commerce, the 
Secretary of the Interior, the Secretary of State, and the 
Secretary of Defense, the Secretary of the department in which 
the Coast Guard is operating shall designate a zone of 
appropriate size around and including any ocean thermal energy 
conversion facility licensed under this Act and may designate 
such a zone around and including any ocean thermal energy 
conversion plantship licensed under this Act for the purposes 
of navigational safety and protection of the facility or 
plantship. The Secretary of the department in which the Coast 
Guard is operating shall by regulation define permitted 
activities within such zone consistent with the purpose for 
which it was designated. The Secretary of the department in 
which the Coast Guard is operating shall, not later than 30 
days after publication of notice pursuant to section 102(d) of 
this title, designate such safety zone with respect to any 
proposed ocean thermal energy conversion facility or plantship.
    [(2) In addition to any other regulations, the Secretary of 
the department in which the Coast Guard is operating is 
authorized, in accordance with this subsection, to establish a 
safety zone to be effective during the period of construction 
of an ocean thermal energy conversion facility or plantship 
licensed under this Act, and to issue rules and regulations 
relating thereto.
    [(3) Except in a situation involving force majeure, a 
licensee of an ocean thermal energy conversion facility or 
plantship shall not permit a vessel, registered in or flying 
the flag of a foreign state, to call at, load or unload cargo 
at, or otherwise utilize such a facility or plantship licensed 
under this Act unless (A) the foreign state involved has 
agreed, by specific agreement with the United States, to 
recognize the jurisdiction of the United States over the vessel 
and its personnel, in accordance with the provisions of this 
Act, while the vessel is located within the safety zone, and 
(B) the vessel owner or operator has designated an agent in the 
United States for receipt of service of process in the event of 
any claim or legal proceeding resulting from activities of the 
vessel or its personnel while located within such a safety 
zone.
    [(e)(1) The Secretary of the department in which the Coast 
Guard is operating shall promulgate and enforce regulations 
specified in paragraph (2) of this subsection and such other 
regulations as he deems necessary concerning the documentation, 
design, construction, alteration, equipment, maintenance, 
repair, inspection, certification, and manning of ocean thermal 
energy conversion facilities and plantships. In addition to 
other requirements prescribed under those regulations, the 
Secretary of the department in which the Coast Guard is 
operating may require compliance with those vessel 
documentation, inspection, and manning laws which he determines 
to be appropriate.
    [(2) Within 1 year after the date of enactment of this Act, 
the Secretary of the department in which the Coast Guard is 
operating shall promulgate regulations under paragraph (1) of 
this subsection which require that any ocean thermal energy 
conversion facility or plantship--
          [(A) be documented;
          [(B) comply with minimum standards of design, 
        construction, alteration, and repair; and
          [(C) be manned or crewed by United States citizens or 
        aliens lawfully admitted to the United States for 
        permanent residence, unless--
                  [(i) there is not a sufficient number of 
                United States citizens, or aliens lawfully 
                admitted to the United States for permanent 
                residence, qualified and available for such 
                work, or
                  [(ii) the President makes a specific finding, 
                with respect to the particular vessel, 
                platform, or moored; fixed or standing 
                structure, that application of this requirement 
                would not be consistent with the national 
                interest.
    [(3) For the purposes of the documentation laws, for which 
compliance is required under paragraph (1) of this subsection, 
ocean thermal energy conversion facilities and plantships shall 
be deemed to be vessels and, if documented, vessels of the 
United States for the purposes of the Ship Mortgage Act, 1920 
(46 U.S.C. 911-984).
    [(4) For the purposes of this subsection the term ``ocean 
thermal energy conversion facility'' refers only to an ocean 
thermal energy conversion facility which has major components 
other than water intake or discharge pipes located seaward of 
the highwater mark.
    [(f) Subject to recognized principles of international law, 
the Secretary of the department in which the Coast Guard is 
operating shall promulgate and enforce such regulations as he 
deems necessary to protect navigation in the vicinity of a 
vessel engaged in the installation, repair, or maintenance of 
any submarine electric transmission cable or equipment, and to 
govern the markings and signals used by such a vessel.

[SEC. 109. PREVENTION OF INTERFERENCE WITH OTHER USES OF THE HIGH SEAS.

    [(a) Each license shall include such conditions as may be 
necessary and appropriate to ensure that construction and 
operation of the ocean thermal energy conversion facility or 
plantship are conducted with reasonable regard for navigation, 
fishing, energy production, scientific research, or other uses 
of the high seas, either by citizens of the United States or by 
other nations in their exercise of the freedoms of the high 
seas as recognized under the Convention of the High Seas and 
the general principles of international law.
    [(b) The Administrator shall promulgate regulations 
specifying under what conditions and in what circumstances the 
thermal plume of an ocean thermal energy conversion facility or 
plantship licensed under this Act will be deemed--
          [(1) to impinge on so as to degrade the thermal 
        gradient used by another ocean thermal energy 
        conversion facility or plantship, or
          [(2) to impinge on so as to adversely affect the 
        territorial sea or area of national resource 
        jurisdiction, as recognized by the United States, of 
        any other nation.
Such regulations shall also provide for the Administrator to 
mediate or arbitrate any disputes among licensees regarding the 
extent to which the thermal plume of one licensee's facility or 
plantship impinges on the operation of another licensee's 
facility or plantship.
    [(c) The Secretary of the department in which the Coast 
Guard is operating shall promulgate, after consultation with 
the Administrator, and shall enforce, regulations governing the 
movement and navigation of ocean thermal energy conversion 
plantship licensed under this Act to ensure that the thermal 
plume of such an ocean thermal energy conversion plantship does 
not unreasonably impinge on so as to degrade the thermal 
gradient used by the operation of any other ocean thermal 
energy conversion plantship or facility except in case of force 
majeure or with the consent of owner of the other such 
plantship or facility, and to ensure that the thermal plume of 
such an ocean thermal energy conversion plantship does not 
impinge on so as to adversely affect the territorial sea or 
area of national resource jurisdiction, as recognized by the 
United States, of any other nation unless the Secretary of 
State has approved such impingement after consultation with 
such nation.

[SEC. 110. MONITORING OF LICENSEES' ACTIVITIES.

    [Each license shall require the licensee--
          [(1) to allow the Administrator to place appropriate 
        Federal officers or employees in or aboard the ocean 
        thermal energy conversion facility or plantship to 
        which the license applies, at such times and to such 
        extent as the Administrator deems reasonable and 
        necessary to assess compliance with any condition or 
        regulation applicable to the licensee, and to report to 
        the Administrator whenever such officers or employees 
        have reason to believe there is a failure to comply;
          [(2) to cooperate with such officers and employees in 
        the performance of monitoring functions; and
          [(3) to monitor the environmental effects, if any, of 
        the operation of the ocean thermal energy conversion 
        facility or plantship in accordance with regulations 
        issued by the Administrator, and to submit such 
        information as the Administrator finds to be necessary 
        and appropriate to assess environmental impacts and to 
        develop and evaluate mitigation methods and 
        possibilities.

[SEC. 111. SUSPENSION, REVOCATION, OR TERMINATION OF LICENSE.

    [(a) Whenever a licensee fails to comply with any 
applicable provision of this Act or any applicable rule, 
regulation, restriction, or condition issued or imposed by the 
Administrator under the authority of this Act, the Attorney 
General, at the request of the Administrator, shall file an 
action in the appropriate United States district court to--
          [(1) suspend the license; or
          [(2) if such failure is knowing and continues for a 
        period of 30 days after the Administrator mails 
        notification of such failure by registered letter to 
        the licensee at his record post office address revoke 
        such license.
No proceeding under this section is necessary if the license, 
by its terms, provides for automatic suspension or termination 
upon the occurrence of a fixed or agreed upon condition, event, 
or time.
    [(b) If the Administrator determines that immediate 
suspension of the construction or operation of an ocean thermal 
energy conversion facility or plantship or any component 
thereof is necessary to protect public health and safety or to 
eliminate imminent and substantial danger to the environment 
the Administrator may order the licensee to cease or alter such 
construction or operation pending the completion of a judicial 
proceeding pursuant to subsection (a) of this section.

[SEC. 112. RECORDKEEPING AND PUBLIC ACCESS TO INFORMATION.

    [(a) Each licensee shall establish and maintain such 
records, make such reports, and provide such information as the 
administrator, after consultation with other interested Federal 
departments and agencies, shall be regulation prescribed to 
carry out the provisions of this Act. Each licensee shall 
submit such reports and shall make available such records and 
information as the Administrator may request.
    [(b) Any information reported to or collected by the 
Administrator under this Act which is exempt from disclosure 
pursuant to section 552(b)(4) of title 5, United States Code 
(relating to trade secrets and commercial or financial 
information which is privileged or confidential), shall not--
          [(1) be publicly disclosed by the Administrator or by 
        any other officer or employee of the United States, 
        unless the Administrator has--
                  [(A) determined that the disclosure is 
                necessary to protect the public health or 
                safety or the environment against an 
                unreasonable risk of injury, and
                  [(B) notified the person who submitted the 
                information 10 days before the disclosure is to 
                be made, unless the delay resulting from such 
                notice would be detrimental to the public 
                health or safety or the environment, or
          [(2) be otherwise disclosed except--
                  [(A)(i) to other Federal and adjacent coastal 
                State government departments and agencies for 
                official use,
                  [(ii) to any committee of the Congress of 
                appropriate jurisdiction, or
                  [(iii) pursuant to court order, and
                  [(B) when the commercial or financial 
                information which is privileged or 
                confidential) has taken appropriate steps to 
                inform the recipient of the confidential nature 
                of the information.

[SEC. 113. RELINQUISHMENT OR SURRENDER OF LICENSE.

    [(a) Any licensee may at any time, without penalty, 
surrender to the Administrator a license issued to him, or 
relinquish to the Administrator, in whole or in part, any right 
to conduct construction or operation of an ocean thermal energy 
conversion facility or plantship, including part or all of any 
right of way which may have been granted in conjunction with 
such license: Provided, That such surrender or relinquishment 
shall not relieve the licensee of any obligation or liability 
established by this or any other Act, or of any obligation or 
liability for actions taken by him prior to such surrender or 
relinquishment, or during disposal or removal of any components 
required to be disposed of or removed pursuant to this Act.
    [(b) If part or all of a right of way which is 
relinquished, or for which the license is surrendered, to the 
Administrator pursuant to subsection (a) of this section 
contains an electric transmission cable or pipeline which is 
used in conjunction with another license for an ocean thermal 
energy conversion facility, the Administrator shall allow the 
other licensee an opportunity to add such right of way to his 
license before informing the Secretary of the Interior that the 
right of way has been vacated.

[SEC. 114. CIVIL ACTIONS.

    [(a) Except as provided in subsection (b) of this section, 
any person having a valid legal interest which is or may be 
adversely affected may commence a civil action for equitable 
relief on his own behalf in the United States District Court 
for the District of Columbia whenever such action constitutes a 
case or controversy--
          [(1) against any person who is alleged to be in 
        violation of any provision of this Act or any 
        regulation or condition of a license issued pursuant to 
        this Act; or
          [(2) against the Administrator where there is alleged 
        a failure of the Administrator to perform any act or 
        duty under this Act which is not discretionary.
In suits brought under this Act, the district courts of the 
United States shall have jurisdiction, without regard to the 
amount in controversy or the citizenship of the parties, to 
enforce any provision of this Act or any regulation or term or 
condition of a license issued pursuant to this Act, or to order 
the Administrator to perform such act or duty, as the case may 
be.
    [(b) No civil action may be commenced--
          [(1) under subsection (a)(1) of this section--
                  [(A) prior to 60 days after the plaintiff has 
                given notice of the violation to the 
                Administrator and to any alleged violator; or
                  [(B) if the Administrator or the Attorney 
                General has commenced and is diligently 
                prosecuting a civil or criminal action with 
                respect to such matters in a court of the 
                United States, but in any such action any 
                person may intervene as a matter of right; or
          [(2) under subsection (a)(2) of this section prior to 
        60 days after the plaintiff has given notice of such 
        action to the Administrator.
Notice under this subsection shall be given in such a manner as 
the Administrator shall prescribe by regulation.
    [(c) In any action under this section, the Administrator or 
the Attorney General, if not a party, may intervene as a matter 
of right.
    [(d) The court, in issuing any final order in any action 
brought pursuant to subsection (a) of this section, may award 
costs of litigation (including reasonable attorney and expert 
witness fees) to any party whenever the court determines that 
such an award is appropriate.
    [(e) Nothing in this section shall restrict any right which 
any person or class of persons may have under any statute or 
common law to seek enforcement or to seek any other relief.

[SEC. 115. JUDICIAL REVIEW.

    [Any person suffering legal wrong, or who is adversely 
affected or aggrieved by the Administrator's decision to issue, 
transfer, modify, renew, suspend, or terminate a license may, 
not later than 60 days after such decision is made, seek 
judicial review of such decision in the United States Court of 
Appeals for the District of Columbia. A person shall be deemed 
to be aggrieved by the Administrator's decision within the 
meaning of this Act if he--
          [(1) has participated in the administrative 
        proceeding before the Administrator (or if he did not 
        so participate, he can show that his failure to do so 
        was caused by the Administrator's failure to provide 
        the required notice); and
          [(2) is adversely affected by the Administrator's 
        action.

[SEC. 116. TEST PLATFORMS AND COMMERCIAL DEMONSTRATION OCEAN THERMAL 
                    ENERGY CONVERSION FACILITY OR PLANTSHIP.

    [(a) The provisions of this title shall not apply to any 
test platform which will not operate as an ocean thermal energy 
conversion facility or plantship after conclusion of the 
testing period.
    [(b) The provisions of this title shall not apply to 
owership, construction, or operation of any ocean thermal 
energy conversion facility or plantship which the Secretary of 
Energy has designated in writing as a demonstration project for 
the development of alternative energy sources for the United 
States which is conducted by, participated in, or approved by 
the Department of Energy. The Secretary of Energy, after 
consultation with the Administrator, shall require such 
demonstration projects to abide by as many of the substantive 
requirements of this title as he deems to be practicable 
without damaging the nature of or unduly delaying such 
projects.

[SEC. 117. PERIODIC REVIEW AND REVISION OF REGULATIONS.

    [The Administrator and the Secretary of the department in 
which the Coast Guard is operating shall periodically, at 
intervals of not more than every 3 years, and in consultation 
with the Secretary of Energy, review any regulations 
promulgated pursuant to the provisions of this title to 
determine the status and impact of such regulations on the 
continued development, evolution, and commercialization of 
ocean thermal energy conversion technology. The results of each 
such review shall be included in the next annual report 
required by section 405. The Administrator and such Secretary 
are authorized and directed to promulgate any revisions to the 
then effective regulations as are deemed necessary and 
appropriate based on such review, to ensure that any 
regulations promulgated pursuant to the provisions of this 
title do not impede such development, evolution, and 
commercialization of such technology. Additionally, the 
Secretary of Energy is authorized to propose, based on such 
review, such revisions for the same purpose. The Administrator 
or such Secretary, as appropriate, shall have exclusive 
jurisdiction with respect to any such proposal by the Secretary 
of Energy and, pursuant to applicable procedures, shall 
consider and take final action on any such proposal in an 
expeditious manner. Such consideration shall include at least 
one informal hearing pursuant to the procedures in section 553 
of title 5, United States Code.

   [TITLE II--MARITIME FINANCING FOR OCEAN THERMAL ENERGY CONVERSION

[SEC. 201. DETERMINATIONS UNDER THE MERCHANT MARINE ACT, 1936.

    [(a)(1) For the purposes of section 607 of the Merchant 
Marine Act, 1936 (46 U.S.C. 1177), any ocean thermal energy 
conversion facility or plantship licensed pursuant to this Act, 
and any vessel providing shipping service to or from such an 
ocean thermal energy conversion facility or plantship, shall be 
deemed to be a vessel operated in the foreign commerce of the 
United States.
    [(2) The provisions of paragraph (1) of this subsection 
shall apply for taxable years beginning after December 31, 
1981.
    [(b) For the purposes of the Merchant Marine Act, 1936 (46 
U.S.C. 1177 et seq.) any vessel documented under the laws of 
the United States and used in providing shipping service to or 
from any ocean thermal energy conversion facility or plantship 
licensed pursuant to the provisions of this Act shall be deemed 
to be used in, and used in an essential service in, the foreign 
commerce or foreign trade of the United States, as defined in 
section 905(a) of the Merchant Marine Act, 1936 (46 U.S.C. 
1244(a)).

[SEC. 202. AMENDMENTS TO TITLE XI OF THE MERCHANT MARINE ACT, 1936.

    [(a) Section 1101 of the Merchant Marine Act, 1936 (46 
U.S.C. 1271), is amended--
          [(1) in subsection (b) by striking ``and'' 
        immediately before ``dredges'' and inserting in lieu 
        thereof a comma, and by inserting immediately after 
        ``dredges'' the following: ``and ocean thermal energy 
        conversion facilities or plantships'',
          [(2) in subsection (g) by striking ``and'' after the 
        semicolon,
          [(3) in subsection (h) by striking ``equipping'' and 
        inserting in lieu thereof ``equipping and'', and
          [(4) by adding at the end thereof a new subsection 
        (i) to read as follows:
    [``(i) The term `ocean thermal energy conversion facility 
or plantship' means any at-sea facility or vessel, whether 
mobile, floating unmoored, moored, or standing on the seabed, 
which uses temperature differences in ocean water to produce 
electricity or another form of energy capable of being used 
directly to perform work, and includes any equipment installed 
on such facility or vessel to use such electricity or other 
form of energy to produce, process, refine, or manufacture a 
product, and any cable or pipeline used to deliver such 
electricity, freshwater, or product to shore, and all other 
associated equipment and appurtenances of such facility or 
vessel, to the extent they are located seaward of the highwater 
mark.''.
    [(b) Section 1104(a)(1) of the Merchant Marine Act, 1936 
(46 U.S.C. 1274(a)(1)), is amended by striking ``or (E)'' and 
inserting in lieu thereof ``(E) as an ocean thermal energy 
conversion facility or plantship; or (F)''.
    [(c) Section 1104(b)(2) of the Merchant Marine Act, 1936 
(46 U.S.C. 1247(b)(2)), is amended by striking ``vessel;'' and 
inserting in lieu thereof ``vessel: Provided further, That in 
the case of an ocean thermal energy conversion facility or 
plantship which is constructed without the aid of construction-
differential subsidy, such obligations may be in an aggregate 
principal amount which does not exceed 87\1/2\ percent of the 
actual cost or depreciated actual cost of the facility or 
plantship;''.

[SEC. 203. OTEC DEMONSTRATION FUND.

    [(a) Title XI of the Merchant Marine Act, 1936 (46 U.S.C. 
1271-1279b) is further amended by adding at the end thereof a 
new section 1110 to read as follows:
    [``Sec. 1110. (a) Pursuant to the authority granted under 
section 1103(a) of this title, the Secretary of Commerce, upon 
such terms as he shall prescribe, may guarantee or make a 
commitment to guarantee, payment of the principal of and 
interest on an obligation which aids in financing, including 
reimbursement of an obligor for expenditures previously made 
for, construction, reconstruction, or reconditioning of a 
commercial demonstration ocean thermal energy conversion 
facility or plantship owned by citizens of the United States. 
Guarantees or commitments to guarantee under this subsection 
shall be subject to all the provisos, requirements, 
regulations, and procedures which apply to guarantees or 
commitments to guarantee made pursuant to section 1104(a)(1) of 
this title, except that--
          [``(1) no guarantees or commitments to guarantee may 
        be made by the Secretary of Commerce under this 
        subsection before October 1, 1981;
          [``(2) the provisions of subsection (d) of section 
        1104 of this title shall apply to guarantees or 
        commitments to guarantee for that portion of a 
        commercial demonstration ocean thermal energy 
        conversion facility or plantship not to be supported 
        with appropriated Federal funds;
          [``(3) guarantees or commitments to guarantee made 
        pursuant to this section may be in an aggregate 
        principal amount which does not exceed 87\1/2\ percent 
        of the actual cost or depreciated actual cost of the 
        commercial demonstration ocean thermal energy 
        conversion facility or plantship: Provided, That, if 
        the commercial demonstration ocean thermal energy 
        conversion facility or plantship is supported with 
        appropriated Federal funds, such guarantees or 
        commitments to guarantee may not exceed 87\1/2\ percent 
        of the aggregate principal amount of that portion of 
        the actual cost or depreciated actual cost for which 
        the obligor has an obligation to secure financing in 
        accordance with the terms of the agreement between the 
        obligor and the Department of Energy or other Federal 
        agency; and
          [``(4) the provisions of this section may be used to 
        guarantee obligations for a total of not more than 5 
        separate commercial demonstration ocean thermal energy 
        conversion facilities and plantships or a demonstrated 
        400 megawatt capacity, whichever comes first.
    [``(b) A guarantee or commitment to guarantee shall not be 
made under this section unless the Secretary of Energy, in 
consultation with the Secretary of Commerce, certifies to the 
Secretary of Commerce that, for the ocean thermal energy 
conversion facility or plantship for which the guarantee or 
commitment to guarantee is sought, there is sufficient 
guarantee of performance and payment to lower the risk to the 
Federal Government to a level which is reasonable. The 
Secretary of Energy must base his considerations on the 
following: (1) the successful demonstration of the technology 
to be used in such facility at a scale sufficient to establish 
the likelihood of technical and economic viability in the 
proposed market; and (2) the need of the United States to 
develop new and renewable sources of energy and the benefits to 
be realized from the construction and successful operation of 
such facility or plantship.
    [``(c) A special subaccount in the Federal Ship Financing 
Fund, to be known as the OTEC Demonstration Fund, shall be 
established on October 1, 1981. The OTEC Demonstration Fund 
shall be used for obligation guarantees authorized under this 
section which do not qualify under other sections of this 
title. Except as specified otherwise in this section, the 
operation of the OTEC Demonstration Fund shall be identical 
with that of the parent Federal Ship Financing Fund: except 
that, notwithstanding the provisions of section 1104(g), (1) 
all moneys received by the Secretary pursuant to section 1101 
through 1107 of this title with respect to guarantees or 
commitments to guarantee made pursuant to this section shall be 
deposited only in the OTEC Demonstration Fund, and (2) whenever 
there shall be outstanding any notes or other obligations 
issued by the Secretary of Commerce pursuant to section 1105(d) 
of this title with respect to the OTEC Demonstration Fund, all 
moneys received by the Secretary of Commerce pursuant to 
sections 1101 through 1107 of this title with respect to ocean 
thermal energy conversional facilities or plantships shall be 
deposited in the OTEC Demonstration Fund. Assets in the OTEC 
Demonstration Fund may at any time be transferred to the parent 
fund whenever and to the extent that the balance thereof 
exceeds the total guarantees or commitments to guarantee made 
pursuant to this section then outstanding, plus any notes or 
other obligations issued by the Secretary of Commerce pursuant 
to section 1105(d) of this title with respect to the OTEC 
Demonstration Fund. The Federal Ship Financing Fund shall not 
be liable for any guarantees or commitments to guarantee issued 
pursuant to this section. The aggregate unpaid principal amount 
of the obligations guaranteed with the backing of the OTEC 
Demonstration Fund and outstanding at any one time shall not 
exceed $2,000,000,000.
    [``(d) the provisions of section 1105(d) of this title 
shall apply specifically to the OTEC Demonstration Fund as well 
as to the Fund: Provided, however, That any notes or 
obligations issued by the Secretary of Commerce pursuant to 
section 1105(d) of this title with respect to the OTEC 
Demonstration Fund shall be payable solely from proceeds 
realized by the OTEC Demonstration Fund.
    [``(e) The interest on any obligation guaranteed under this 
section shall be included in gross income for purposes of 
chapter 1 of the Internal Revenue Code of 1954.''.
    [(b)(1) Section 1103(f) of the Merchant Marine Act, 1936 
(46 U.S.C. 1273(f) is amended by striking out 
``$10,000,000,000.'' and inserting in lieu thereof 
``$12,000,000,000, of which $2,000,000,000 shall be limited to 
obligations pertaining to commercial demonstration ocean 
thermal energy conversion facilities or plantships guaranteed 
pursuant to section 1110 of this title.''.
    [(2) The amendment made by paragraph (1) of this subsection 
shall take effect October 1, 1981.

                        [TITLE III--ENFORCEMENT

[SEC. 301. PHOHIBITED ACTS.

    [It is unlawful for any person who is a United States 
citizen or national, or a foreign national in or on board an 
ocean thermal energy conversion facility or plantship or on 
board any vessel documented or numbered under the laws of the 
United States, or who is subject to the jurisdiction of the 
United States by an international agreement to which the United 
States is a party--
          [(1) to violate any provision of this Act, or any 
        rule, regulation, or order issued pursuant to this Act, 
        or any term or condition of any license issued to such 
        person pursuant to this Act;
          [(2) to refuse to permit any Federal officer or 
        employee authorized to monitor or enforce the 
        provisions of section 110 and 303 of this Act to enter 
        or board an ocean thermal energy conversion facility or 
        plantship or any vessel documented or numbered under 
        the laws of the United States, for purposes of 
        conducting any search or inspection in connection with 
        the monitoring or enforcement of this Act or any rule, 
        regulation, order, term, or condition referred to in 
        paragraph (1) of this section;
          [(3) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized 
        officer or employee in the conduct of any search or 
        inspection described in paragraph (2) of this section;
          [(4) to resist a lawful arrest for any act prohibited 
        by this section; or
          [(5) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of another person 
        subject to this section knowing that the other person 
        has committed any act prohibited by this section.

[SEC. 302. REMEDIES AND PENALTIES.

    [(a)(1) The Administrator or his delegate shall have the 
authority to issue and enforce orders during proceedings 
brought under this Act. Such authority shall include the 
authority to issue subpoenas, administer oaths, compel the 
attendance and testimony of witnesses and the production of 
books, papers, documents, and other evidence, to take 
depositions before any designated individual competent to 
administer oaths, and to examine witnesses.
    [(2) Whenever on the basis of any information available to 
him the Administrator finds that any person subject to section 
301 of this title is in violation of any provision of this Act 
or any rule, regulation, order, license, or term or condition 
thereof, or other requirements under this Act, he may issue an 
order requiring such person to comply with such provision or 
requirement, or bring a civil action in accordance with 
subsection (b) of this section.
    [(3) Any compliance order issued under this subsection 
shall state with reasonable specificity the nature of the 
violation and a time for compliance, not to exceed 30 days, 
which the Administrator determines is reasonable, taking into 
account the seriousness of the violation and any good faith 
efforts to comply with applicable requirements.
    [(b)(1) Upon a request by the Administrator, the Attorney 
General shall commence a civil action for appropriate relief, 
including a permanent or temporary injunction, to halt any 
violation for which the Administrator is authorized to issue a 
compliance order under subsection (a)(2) of this section.
    [(2) Upon a request by the Administrator, the Attorney 
General shall bring an action in an appropriate district court 
of the United States for equitable relief to redress a 
violation, by any person subject to section 301 of this title, 
of any provision of this Act, any regulation issued pursuant to 
this Act, or any license condition.
    [(c)(1) Any person who is found by the Administrator, after 
notice and an opportunity for a hearing in accordance with 
section 554 of title 5, United States Code, to have committed 
an act prohibited by section 301 of this title shall be liable 
to the United States for a civil penalty, not to exceed $25,000 
for each violation. Each day of a continuing violation shall 
constitute a separate violation. The amount of such civil 
penalty shall be assessed by the Administrator, or his 
designee, by written notice. In determining the amount of such 
penalty, the Administrator shall take into account the nature, 
circumstances, extent and gravity of the prohibited acts 
committed and, with respect to the violator, the degree of 
culpability, any history of prior offenses, ability to pay, and 
such other matters as justice may require.
    [(2) Any person against whom a civil penalty is assessed 
under paragraph (1) of this subsection may obtain a review 
thereof in the appropriate court of the United States by filing 
a notice of appeal in such court within 30 days from the date 
of such order and by simultaneously sending a copy of such 
notice by certified mail to the Administrator. The 
Administrator shall promptly file in such court a certified 
copy of the record upon which such violation was found or such 
penalty imposed, as provided in section 2112 of title 28, 
United States Code. The findings and order of the Administrator 
shall be set aside by such court if they are not found to be 
supported by substantial evidence, as provided in section 
706(2) of title 5, United States Code.
    [(3) If any person subject to section 301 fails to pay an 
assessment of a civil penalty against him after it has become 
final, or after the appropriate court has entered final 
judgment in favor of the Administrator, the Administrator shall 
refer the matter to the Attorney General of the United States, 
who shall recover the amount assessed in any appropriate court 
of the United States. In such action, the validity and 
appropriateness of the final order imposing the civil penalty 
shall not be subject to review.
    [(4) The Administrator may compromise, modify, or remit, 
with or without conditions, any civil penalty which is subject 
to imposition or which has been imposed under this subjection.
    [(d)(1) Any person subject to section 301 of this title is 
guilty of an offense if he willfully commits any act prohibited 
by such section.
    [(2) Any offense, other than an offense for which the 
punishment is prescribed by section 103 of this Act, is 
punishable by a fine of not more than $75,000 for each day 
during which the violation continues. Any offense described in 
paragraph (2), (3), (4), and (5) of section 301 is punishable 
by the fine or imprisonment for not more than 6 months, or 
both. If, in the commission of any offense, the person subject 
to section 301 uses a dangerous weapon, engages in conduct that 
causes bodily injury to any Federal officer or employee, or 
places any Federal officer or employee in fear of imminent 
bodily injury, the offense is punishable by a fine of not more 
than $100,000 or imprisonment for not more than 10 years, or 
both.
    [(e) Any ocean thermal energy conversion facility or 
plantship licensed pursuant to this Act and any other vessel 
documented or numbered under the laws of the United States, 
except a public vessel engaged in noncommercial activities, 
used in any violation of this Act or of any rule thereof, 
regulation, order, license, or term or condition thereof, or 
other requirements of this Act, shall be liable in rem for any 
civil penalty assessed or criminal fine imposed and may be 
proceeded against in any district court of the United States 
having jurisdiction thereof, whenever it shall appear that one 
or more of the owners, or bareboat charterers, was at the time 
of the violation a consenting party or privy to such violation.

[SEC. 303. ENFORCEMENT.

    [(a) Except where a specific section of this Act designates 
enforcement responsibility, the provisions of this Act shall be 
enforced by the Administrator. The Secretary of the department 
in which the Coast Guard is operating shall have exclusive 
responsibility for enforcement measures which affect the safety 
of life and property at sea, shall exercise such other 
enforcement responsibilities with respect to vessels subject to 
the provisions of this Act as are authorized under other 
provisions of law, and may, upon the specific request of the 
Administrator, assist the Administrator in the enforcement of 
any provision of this Act. The Administrator and the Secretary 
of the department in which the Coast Guard is operating may, by 
agreement, on a reimbursable basis or otherwise, utilize the 
personnel, services, equipment, including aircraft and vessels, 
and facilities of any other Federal agency or department, and 
may authorize officers or employees of other departments or 
agencies to provide assistance as necessary in carrying out 
subsection (b) of this section. The Administrator and the 
Secretary of the department in which the Coast Guard is 
operating may issue regulations jointly or severally as may be 
necessary and appropriate to carry out their duties under this 
section.
    [(b) To enforce the provisions of this Act in or on board 
any ocean thermal energy conversion facility or plantship or 
any vessel subject to the provisions of this Act, any officer 
who is authorize by the Administrator or the Secretary of the 
department in which the Coast Guard is operating may--
          [(1) enter or board, and inspect, any ocean thermal 
        energy conversion facility or plantship any vessel 
        which is subject to the provisions of this Act;
          [(2) search the vessel if the officer has reasonable 
        cause to believe that the vessel has been used or 
        employed in the violation of any provision of this Act;
          [(3) arrest any person subject to section 301 of this 
        title if the officer has reasonable cause to believe 
        that the person has committed a criminal act prohibited 
        by sections 301 and 302(d) of this title;
          [(4) seize the vessel together with its gear, 
        furniture, appurtenances, stores, and cargo, used or 
        employed in, or with respect to which it reasonably 
        appears that such vessel was used or employed in, the 
        violation of any provision of this Act if such seizure 
        is necessary to prevent evasion of the enforcement of 
        this Act;
          [(5) seize any evidence related to any violation of 
        any provision of this Act;
          [(6) execute any warrant or other process issued by 
        any court of competent jurisdiction; and
          [(7) exercise any other lawful authority.
    [(c) Except as otherwise specified in section 115 of this 
Act, the district courts of the United States shall have 
exclusive original jurisdiction over any case or controversy 
arising under the provisions of this Act. Except as otherwise 
specified in this Act, venue shall lie in any district wherein, 
or nearest to which, the cause of action arose, or wherein any 
defendant resides, may be found, or has his principal office. 
In the case of Guam, and any Commonwealth, territory, or 
possession of the United States in the Pacific Ocean, the 
appropriate court is the United States District Court for the 
District of Guam, except that in the case of American Samoa, 
the appropriate court is the United States District Court for 
the District of Hawaii. Any such court may, at any time--
          [(1) enter restraining orders or prohibitions;
          [(2) issue warrants, process in rem, or other 
        process;
          [(3) prescribe and accept satisfactory bonds or other 
        security; and
          [(4) take such other actions as are in the interest 
        of justice.
    [(d) For the purposes of this section, the term ``vessel'' 
includes an ocean thermal energy conversion facility or 
plantship, and the term ``provisions of this Act'' or 
``provision of this Act'' includes any rule, regulation, or 
order issued pursuant to this Act and any term or condition of 
any license issued pursuant to this Act.

                  [TITLE IV--MISCELLANEOUS PROVISIONS

[SEC. 401. EFFECT OF LAW OF THE SEA TREATY.

    [If the United States ratifies a treaty, which includes 
provisions with respect to jurisdiction over ocean thermal 
energy conversion activities, resulting from any United Nations 
Conference on the Law of the Sea, the Administrator, after 
consultation with the Secretary of State, shall promulgate any 
amendment to the regulations promulgated under this Act which 
is necessary and appropriate to conform such regulations to the 
provisions of such treaty, in anticipation of the date when 
such treaty shall come into force and effect for, or otherwise 
be applicable to, the United States.

[SEC. 402. INTERNATIONAL NEGOTIATIONS.

    [The Secretary of State, in cooperation with the 
Administrator and the Secretary of the department in which the 
Coast Guard is operating, shall seek effective international 
action and cooperation in support of the policy and purposes of 
this Act and may initiate and conduct negotiations for the 
purpose of entering into international agreements designed to 
guarantee noninterference of ocean thermal energy conversion 
facilities and plantships with the thermal gradients used by 
other such facilities and plantships, to assure protection of 
such facilities and plantships and of navigational safety in 
the vicinity thereof, and to resolve such other matters 
relating to ocean thermal energy conversion facilities and 
plantships as need to be resolved in international agreements.

[SEC. 403. RELATIONSHIP TO OTHER LAWS.

    [(a)(1) The Constitution, laws, and treaties of the United 
States shall apply to an ocean thermal energy conversion 
facility or plantship licensed under this Act and all of which 
is located seaward of the highwater mark, and to activities 
connected, associated, or potentially interfering with the use 
or operation of any such facility or plantship, in the same 
manner as if such facility or plantship were an area of 
exclusive Federal jurisdiction located within a State. Nothing 
in this Act shall be construed to relieve, exempt, or immunize 
any person from any other requirement imposed by Federal law, 
regulation, or treaty.
    [(2) Ocean thermal energy conversion facilities and 
plantships licensed under this Act do not possess the status of 
islands and have no territorial seas of their own.
    [(b)(1) Except as may otherwise be provided by this Act, 
nothing in this Act shall in any way alter the responsibilities 
and authorities of a State or the United States within the 
territorial seas of the United States.
    [(2) The law of the nearest adjacent coastal State to which 
an ocean thermal energy conversion facility located beyond the 
territorial sea and licensed under this Act is connected by 
electric transmission cable or pipeline, now in effect or 
hereafter adopted, amended, or repealed, is declared to be the 
law of the United States, and shall apply to such facility, to 
the extent applicable and not inconsistent with any provision 
or regulation under this Act or other Federal laws and 
regulations now in effect or hereafter adopted, amended, or 
repealed: Provided, however, That the application of State 
taxation laws is not extended hereby outside the seaward 
boundary of any State. All such applicable laws shall be 
administered and enforced by the appropriate officers and 
courts of the United States outside the seaward boundary of any 
State.
    [(c)(1) For the purposes of the customs laws administered 
by the Secretary of the Treasury, ocean thermal energy 
conversion facilities and plantships documented under the laws 
of the United States and licensed under this Act shall be 
deemed to be vessels.
    [(2) Except insofar as they apply to vessels documented 
under the laws of the United States, the customs laws 
administered by the Secretary of the Treasury, including the 
provisions of the Tariff Act of 1930, as amended (19 U.S.C. 
1202), and other laws codified in title 19, United States Code, 
shall not apply to any ocean thermal energy conversion facility 
or plantship documented under the laws of the United States and 
licensed under the provisions of this Act, but all foreign 
articles to be used in the construction of any such facility or 
plantship, including any component thereof, shall first be made 
subject to all applicable duties and taxes which would be 
imposed upon or by reason of their importation if they were 
imported for consumption in the United States. Duties and taxes 
shall be paid thereon in accordance with laws applicable to 
merchandise imported into the customs territory of the United 
States.

[SEC. 404. SUBMARINE ELECTRIC TRANSMISSION CABLE AND EQUIPMENT SAFETY.

    [(a) The Secretary of Energy, in cooperation with other 
interested Federal agencies and departments, shall establish 
and enforce such standards and regulations as may be necessary 
to assure the safe construction and operation of submarine 
electric transmission cables and equipment subject to the 
jurisdiction of the United States. Such standards and 
regulations shall include, but not be limited to, requirements 
for the use of the safest and best available technology for 
submarine electric transmission cable shielding, and for the 
use of automatic switches to shut off electric current in the 
event of a break in such a cable.
    [(b) The Secretary of Energy, in cooperation with other 
interested Federal agencies and departments, is authorized and 
directed to report to the Congress within 60 days after the 
date of enactment of this Act on appropriations and staffing 
needed to monitor submarine electric transmission cables and 
equipment subject to the jurisdiction of the United States so 
as to assure that they meet all applicable standards for 
construction, operation, and maintenance.

[SEC. 405. ANNUAL REPORT.

    [Within 6 months after the end of each fiscal year the date 
of enactment of this Act, the Administrator shall submit to the 
President of the Senate and the Speaker of the House of 
Representatives a report on the administration of this Act 
during such fiscal year. Such report shall include, with 
respect to the fiscal year covered by the report--
          [(1) a description of progress in implementing this 
        Act;
          [(2) a list of all licenses issued, suspended, 
        revoked, relinquished, surrendered, terminated, 
        renewed, or transferred; denials of issuance of 
        licenses; and required suspensions and modifications of 
        activities under licenses;
          [(3) a description of ocean thermal energy conversion 
        activities undertaken pursuant to licenses;
          [(4) the number and description of all civil and 
        criminal proceedings instituted under title III of this 
        Act, and the current status of such proceedings; and
          [(5) such recommendations as the Administrator deems 
        appropriate for amending this Act.

[SEC. 406. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated to the Secretary 
of Commerce, for the use of the Administrator in carrying out 
the provisions of this Act, not to exceed $3,000,000 for the 
fiscal year ending September 30, 1981, not to exceed $3,500,000 
for the fiscal year ending September 30, 1982 not to exceed 
$3,500,000,000 for the fiscal year ending September 30, 1983, 
not to exceed $480,000 for each of the fiscal years ending 
September 30, 1984 and September 30, 1985, and not to exceed 
$630,000 for each of the fiscal years ending September 30, 1986 
and September 30, 1987.

[SEC. 407. SEVERABILITY.

    [If any provision of this Act or any application thereof is 
held invalid, the validity of the remainder of the Act, or any 
other application, shall not be affected thereby.
    [Sec. 408. Within 18 months after the date of enactment of 
this provision, the Administrator shall submit to the President 
of the Senate and the Speaker of the House of Representatives a 
report detailing what steps the United States Government is 
taking and plans to take to promote and enhance the export 
potential of ocean thermal energy conversion components 
facilities, and plantships manufactured by United States 
industry. Such report shall include--
          [(1) the relevant views of the National Oceanic and 
        Atmospheric Administration, International Trade 
        Administration, Maritime Administration, Department of 
        Energy, Small Business Administration, United States 
        International Development Cooperative Agency, the 
        Office of the Special Trade Representative, and other 
        relevant United States Government agencies;
          [(2) the findings of studies conducted by the 
        Administrator to fulfill the intent of this section;
          [(3) a summary of activities, including consultations 
        held with representatives of both the ocean thermal 
        energy conversion and financial industries conducted by 
        the Administrator to fulfill the intent of this 
        section; and
          [(4) such recommendations as the Administrator deems 
        appropriate for amending the Ocean Thermal Energy 
        Conversion Act of 1980 (Public Law 96-320) or other 
        relevant Acts to better promote and enhance the export 
        potential of ocean thermal energy conversion 
        components, facilities and plantships manufactured by 
        United States industry.]
                              ----------                              --
--------


        MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT OF 1972

          * * * * * * *

              [TITLE IV--REGIONAL MARINE RESEARCH PROGRAMS

                               [purposes

  [Sec. 401. The purpose of this title is to establish regional 
research programs, under effective Federal oversight, to--
          [(1) set priorities for regional marine and coastal 
        research in support of efforts to safeguard the water 
        quality and ecosystem health of each region; and
          [(2) carry out such research through grants and 
        improved coordination.

                              [definitions

  [Sec. 402. As used in this title, the term--
          [(1) ``Board'' means any Regional Marine Research 
        board established pursuant to section 403(a);
          [(2) ``Federal agency'' means any department, agency, 
        or other instrumentality of the Federal Government, 
        including any independent agency or establishment of 
        the Federal Government and any government corporation;
          [(3) ``local government'' means any city, town, 
        borough, county, parish, district, or other public body 
        which is a political subdivision of a State and which 
        is created pursuant to State law;
          [(4) ``marine and coastal waters'' means estuaries, 
        waters of the estuarine zone, including wetlands, any 
        other waters seaward of the historic height of tidal 
        influence, the territorial seas, the contiguous zone, 
        and the ocean;
          [(5) ``nonprofit organization'' means any 
        organization, association, or institution described in 
        section 501(c)(3) of the Internal Revenue Code of 1954 
        which is exempt from taxation pursuant to section 
        501(a) of such Code;
          [(6) ``region'' means 1 of the 9 regions described in 
        section 403(a); and
          [(7) ``State'' means a State, the District of 
        Columbia, the Commonwealth of Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, and the Commonwealth of 
        the Northern Mariana Islands.

                    [regional marine research boards

  [Sec. 403. (a) Establishment.--A Regional Marine Research 
board shall be established for each of the following regions:
          [(1) the Gulf of Maine region, comprised of the 
        marine and coastal waters off the State of Maine, New 
        Hampshire, and Massachusetts (north of Cape Cod);
          [(2) the greater New York bight region, comprised of 
        the marine and coastal waters off the States of 
        Massachusetts (south of Cape Cod), Rhode Island, 
        Connecticut, New York, and New Jersey, from Cape Cod to 
        Cape May;
          [(3) the mid-Atlantic region, comprised of the marine 
        and coastal waters off the States of New Jersey, 
        Delaware, Maryland, Virginia, and North Carolina, from 
        Cape May to Cape Fear;
          [(4) the South Atlantic region, comprised of the 
        marine and coastal waters off the States of North 
        Carolina, South Carolina, Georgia, and Florida, from 
        Cape Fear to the Florida Keys, including the marine and 
        coastal waters off Puerto Rico and the United States 
        Virgin Islands;
          [(5) the Gulf of Mexico region, comprised of the 
        marine and coastal waters off the States of Florida, 
        Alabama, Mississippi, Louisiana, and Texas, along the 
        Gulf coast from the Florida Keys to the Mexican border;
          [(6) the California region, comprised of the marine 
        and coastal waters off the State of California, from 
        Point Reyes to the Mexican border;
          [(7) the North Pacific region, comprised of the 
        marine and coastal waters off the States of California, 
        Oregon, and Washington, from Point Reyes to the 
        Canadian border;
          [(8) the Alaska region, comprised of the marine and 
        coastal waters off the State of Alaska; and
          [(9) insular Pacific region, comprised of the marine 
        and coastal waters off the State of Hawaii, Guam, 
        American Samoa, and the Commonwealth of the Northern 
        Mariana Islands.
The Great Lakes Research Office authorized under section 118(d) 
of the Federal Water Pollution Control Act (33 U.S.C. 1268(d)) 
shall be responsible for research in the Great Lakes region and 
shall be considered the Great Lakes counterpart to the research 
program established pursuant to this title.
  [(b) Membership.--
          [(1) Composition.--Each Board shall be comprised of 
        11 members of which--
                  [(A) 3 members shall be appointed by the 
                Administrator of the National Oceanic and 
                Atmospheric Administration, including 1 member 
                who shall be a Sea Grant Program Director from 
                a State within such region, who shall serve as 
                chairman of the board;
                  [(B) 2 members shall be appointed by the 
                Administrator of the Environmental Protection 
                Agency; and
                  [(C) 6 members shall be appointed by 
                Governors of States located within the region.
          [(2) Qualifications.--Each individual appointed as a 
        member of a Board shall possess expertise, pertinent to 
        the region concerned, in scientific research, coastal 
        zone management, fishery management, water quality 
        management, State and local government, or any other 
        area which is directly relevant to the functions of the 
        Board. A majority of the members of each Board shall be 
        trained in a field of marine or aquatic science and 
        shall be currently engaged in research or research 
        administration.
          [(3) Terms.--Each appointed member of a Board shall 
        serve for a term of 4 years.
          [(4) Vacancies.--In the event of a vacancy, a 
        replacement member shall be appointed in the same 
        manner and in accordance with the same requirements as 
        the member being replaced and shall serve the remainder 
        of the term of the replaced member.
          [(5) Reimbursement of expenses.--Each appointed 
        member of a Board may be paid actual travel expenses, 
        and per diem in lieu of subsistence expenses when away 
        from the member's usual place of residence, in 
        accordance with section 5703 of title 5, United States 
        Code, when engaged in the actual performance of Board 
        duties.
  [(c) Functions.--Each Board shall, in accordance with the 
provisions of this title--
          [(1) develop and submit to the Administrators of the 
        National Oceanic and Atmospheric Administration and the 
        Environmental Protection Agency a marine research plan, 
        including periodic amendments thereto, that meets the 
        requirements of section 404;
          [(2) provide a forum for coordinating research among 
        research institutions and agencies;
          [(3) provide for review and comment on research plans 
        by affected users and interests, such as the commercial 
        and recreational fishing industries, other marine 
        industries, State and local government entities, and 
        environmental organizations;
          [(4) ensure that the highest quality of research 
        projects will be conducted to carry out the 
        comprehensive plan; and
          [(5) prepare, for submission to Congress, a periodic 
        report on the marine environmental research issues and 
        activities within the region in accordance with section 
        406 of this title.
  [(d) Powers.--Each Board shall be authorized to--
          [(1) cooperate with Federal agencies, with States and 
        with local government entities, interstate and regional 
        agencies, other public agencies and authorities, 
        nonprofit institutions, laboratories, and 
        organizations, or other appropriate persons, in the 
        preparation and support of marine research in the 
        region;
          [(2) enter into contracts, cooperative agreements or 
        grants to State and local governmental entities, other 
        public agencies or institutions, and non-profit 
        institutions and organizations for purposes of carrying 
        out the provisions of this title;
          [(3) collect and make available through publications 
        and other appropriate means, the results of, and other 
        information pertaining to, the research conducted in 
        the region;
          [(4) call conferences on regional marine research and 
        assessment issues, giving opportunity for interested 
        persons to be heard and present papers at such 
        conferences;
          [(5) develop and stimulate, in consultation with the 
        Department of State, joint marine research projects 
        with foreign nations;
          [(6) utilize facilities and personnel of existing 
        Federal agencies, including scientific laboratories and 
        research facilities;
          [(7) accept, and for all general purposes of this 
        Act, utilize funds from other sources, including but 
        not limited to State and local funds, university funds, 
        and donations; and
          [(8) acquire secret processes, inventions, patent 
        applications, patents, licenses, and property rights, 
        by purchase, license, lease, or donation.
  [(e) Administration.--
          [(1) Practices and procedures.--Each Board shall 
        determine its organization, and prescribe its practices 
        and procedures for carrying out its functions under 
        this title. Each Board should use existing research 
        administrative capability to the extent practicable.
          [(2) Committees and subcommittees.--Each Board shall 
        establish such committees and subcommittees as are 
        appropriate in the performance of its functions.
          [(3) Staff and support.--Each Board is authorized to 
        hire such staff as are necessary to carry out the 
        functions of the Board.
  [(f) Termination.--Each Board shall cease to exist on October 
1, 1999, unless extended by Congress.

                        [regional research plans

  [Sec. 404. (a) Development and Amendment of Regional Plans.--
          [(1) In general.--Each Board shall develop a 
        comprehensive 4-year marine research plan for the 
        region for which the Board is responsible, and shall 
        amend the plan at such times as the Board considers 
        necessary to reflect changing conditions, but no less 
        frequently than once every 4 years.
          [(2) Review and consideration of national plan.--In 
        the development and amendment of its research plan, the 
        Board shall consider findings and recommendations of 
        the national plan developed pursuant to the National 
        Ocean Pollution Planning Act of 1978 33 U.S.C. 1701 et 
        seq.).
  [(b) Contents of Plan.--Such marine research plan shall 
include--
          [(1) an overview of the environmental quality 
        conditions in the coastal and marine waters of the 
        region and expected trends in these conditions;
          [(2) a comprehensive inventory and description of all 
        marine research related to water quality and ecosystem 
        health expected to be conducted in the region during 
        the 4-year term of the research plan;
          [(3) a statement and explanation of the marine 
        research needs and priorities applicable to the marine 
        and coastal waters of the region over the upcoming 10-
        year period with emphasis on the upcoming 3-to-5 year 
        period;
          [(4) an assessment of how the plan will incorporate 
        existing marine, coastal, and estuarine research and 
        management in the region, including activities pursuant 
        to section 320 of the Federal Water Pollution Control 
        Act 33 U.S.C. 1330) and section 315 of the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1461); and
          [(5) a general description of marine research and 
        monitoring objectives and timetables for achievement 
        through the funding of projects under this title during 
        the 4-year period covered by the plan so as to meet the 
        priorities specified in the plan in accordance with 
        paragraph (3).
  [(c) Plan Review and Approval.--
          [(1) In general.--When a Board has developed a marine 
        research plan, including amendments thereto, the Board 
        shall submit the plan to the Administrator of the 
        National Oceanic and Atmospheric Administration and the 
        Administration of the Environmental Protection Agency, 
        who shall jointly determine whether the plan meets the 
        requirements of subsection (b).
          [(2) Time for approval or disapproval.--The 
        Administrator of the National Oceanic and Atmospheric 
        Administration and the Administrator of the 
        Environmental Protection Agency, shall jointly approve 
        or disapprove such research plan within 120 days after 
        receiving the plan.
          [(3) Action after disapproval.--In the case of 
        disapproval of such research plan, the Administrator of 
        the National Oceanic and Atmospheric Administration and 
        the Administrator of the Environmental Protection 
        Agency shall jointly notify the appropriate Board in 
        writing, stating in detail the revisions necessary to 
        obtain approval of the plan. Such Administrators shall 
        approve or disapprove the revised plan within 90 days 
        after receiving the revised plan from the Board.

                        [research grant program

  [Sec. 405. (a) Program Administration.--The Administrator of 
the National Oceanic and Atmospheric Administration shall 
administer a grant program to support the administrative 
functions of each Board.
    [(b) Research Grants.--(1) Each Board may annually submit a 
grant application to the Administrator of the National Oceanic 
and Atmospheric Administration to fund projects aimed at 
achieving the research priorities set forth in each research 
plan, including amendments thereto, developed and approved 
pursuant to section 404.
    [(2) Projects eligible for funding under this section shall 
include research, investigations, studies, surveys, or 
demonstrations with respect to--
          [(A) baseline assessment of marine environmental 
        quality, including chemical, physical, and biological 
        indicators of environmental quality;
          [(B) effects or potential effects of contaminants, 
        including nutrients, toxic chemicals and heavy metals, 
        on the environment, including marine and aquatic 
        organisms;
          [(C) effects of modification of habitats, including 
        coastal wetlands, seagrass beds and reefs, on the 
        environment, including marine organisms;
          [(D) assessment of impacts of pollutant sources and 
        pollutant discharges into the coastal environment;
          [(E) transport, dispersion, transformation, and fate 
        and effect of contaminants in the marine environment;
          [(F) marine and estuarine habitat assessment and 
        restoration;
          [(G) methods and techniques for modeling 
        environmental quality conditions and trends;
          [(H) methods and techniques for sampling of water, 
        sediment, marine and aquatic organisms, and 
        demonstration of such methods and techniques;
          [(I) the effects on human health and the environment 
        of contaminants or combinations of contaminants at 
        various levels, whether natural or anthropogenic, that 
        are found in the marine environment;
          [(J) environmental assessment of potential effects of 
        major coastal and offshore development projects in the 
        region;
          [(K) assessment of the effects of climate change on 
        marine resources in the region; and
          [(L) analysis and interpretation of research data for 
        the benefit of State and local environmental protection 
        and resource management agencies in the region.
  [(3) Grant applications submitted pursuant to this subsection 
shall include--
          [(A) a description of the specific research projects 
        to be conducted;
          [(B) identification of the organization responsible 
        for each project and the principal investigator 
        directing the project;
          [(C) a budget statement for each project;
          [(D) a schedule of milestones and interim products 
        for each research project;
          [(E) a description of the relationship of the 
        proposed project to the goals, objectives, and 
        priorities of the research plan for the region and to 
        other research projects; and
          [(F) any other information which may be required by 
        the Administrator.
  [(c) Review and Approval of Project Proposals.--(1) The 
Administrator of the National Oceanic and Atmospheric 
Administration shall review the annual grant application and, 
with the concurrence of the Administrator of the Environmental 
Protection Agency, approve such grant application with such 
conditions as are determined to be appropriate based on peer 
reviews conducted pursuant to paragraph (2).
  [(2) The Administrator of the National Oceanic and 
Atmospheric Administration shall develop a system of peer 
review of grant applications which shall ensure that only the 
highest quality research is approved for funding and that each 
project is reviewed by research scientists outside the region 
concerned.
  [(d) Reporting.--Any recipient of a grant under this section 
shall report to the appropriate Board, not later than 18 months 
after award of the grant, on the activities of such recipient 
conducted pursuant to this subsection. Such report shall 
include narrative summaries and technical data in such form as 
the Administrator of the National Oceanic and Atmospheric 
Administration may require.

                      [report on research program

  [Sec. 406. (a) Preparation and Submission of Report.--Each 
Board receiving a grant under section 405 shall, not later than 
2 years after the approval of its comprehensive plan under 
section 405 and at 2-year intervals thereafter, prepare and 
submit to the Administrator of the National Oceanic and 
Atmospheric Administration and the Administrator of the 
Environmental Protection Agency a report describing--
          [(1) the findings and conclusions of research 
        projects conducted in the region;
          [(2) recommendations for improvements in the design 
        or implementation of programs for the protection of the 
        marine environment; and
          [(3) available data and information concerning 
        ecosystem health within the region.
  [(b) Transmittal to Congress.--Upon receipt of a report 
prepared by a Board under subsection (a), the Administrator of 
the National Oceanic and Atmospheric Administration and the 
Administrator of the Environmental Protection Agency shall 
transmit a copy of such report to the Committees on Commerce, 
Science, and Transportation and on Environment and Public Works 
of the Senate and to the Committee on Merchant Marine and 
Fisheries of the House of Representatives.

                    [authorization of appropriations

  [Sec. 407. (a) In General.--For purposes of carrying out the 
provisions of this title, there are authorized to be 
appropriated $18,000,000 for each of the fiscal years 1992 
through 1996.
  [(b) Allocation.--(1) Of funds appropriated in any fiscal 
year, not more than $500,000 shall be reserved for 
administration of this title by the National Oceanic and 
Atmospheric Administration and the Environmental Protection 
Agency.
  [(2) Funds appropriated in a fiscal year which are available 
after allocation pursuant to paragraph (1), shall be used to 
support the administrative costs of Boards established pursuant 
to subsection 403(a), provided that such funding does not 
exceed $300,000 for each research Board in each fiscal year.
  [(3) Seventy-five percent of funds appropriated in a fiscal 
year available after allocation pursuant to paragraphs (1) and 
(2), shall be allocated equally among Boards located in regions 
submitting research project grant applications pursuant to 
section 405(b).
  [(4) Twenty-five percent of funds appropriated in a fiscal 
year available after allocation pursuant to paragraphs (1) and 
(2), shall be allocated among Boards located in regions 
submitting research project grant applications pursuant to 
section 405(b) which, in the judgment of the Administrator of 
the National Oceanic and Atmospheric Administration, in 
consultation with the Administrator of the Environmental 
Protection Agency, propose the most needed and highest quality 
research.

               [TITLE V--NATIONAL COASTAL MONITORING ACT

[SEC. 501. PURPOSES.

  [The purposes of this title are to--
          [(1) establish a comprehensive national program for 
        consistent monitoring of the Nation's coastal 
        ecosystems;
          [(2) establish long-term water quality assessment and 
        monitoring programs for high priority coastal waters 
        that will enhance the ability of Federal, State, and 
        local authorities to develop and implement effective 
        remedial programs for those waters;
          [(3) establish a system for reviewing and evaluating 
        the scientific, analytical, and technological means 
        that are available for monitoring the environmental 
        quality of coastal ecosystems;
          [(4) establish methods for identifying uniform 
        indicators of coastal ecosystem quality;
          [(5) provide for periodic, comprehensive reports to 
        Congress concerning the quality of the Nation's coastal 
        ecosystems;
          [(6) establish a coastal environment information 
        program to distribute coastal monitoring information;
          [(7) provide state programs authorized under the 
        Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et 
        seq.) with information necessary to design land use 
        plans and coastal zone regulations that will contribute 
        to the protection of coastal ecosystems; and
          [(8) provide certain water pollution control programs 
        authorized under the Federal Water Pollution Control 
        Act 33 U.S.C. 1251 et seq.) with information necessary 
        to design and implement effective coastal water 
        pollution controls.

[SEC. 502. DEFINITIONS.

  [For the purposes of this title, the term--
          [(1) ``Administrator'' means the Administrator of the 
        Environmental Protection Agency;
          [(2) ``coastal ecosystem'' means a system of 
        interacting biological, chemical, and physical 
        components throughout the water column, water surface, 
        and benthic environment of coastal waters;
          [(3) ``coastal water quality'' means the physical, 
        chemical and biological parameters that relate to the 
        health and integrity of coastal ecosystems;
          [(4) ``coastal water quality monitoring'' means a 
        continuing program of measurement, analysis, and 
        synthesis to identify and quantify coastal water 
        quality conditions and trends to provide a technical 
        basis for decisionmaking;
          [(5) ``coastal waters'' means waters of the Great 
        Lakes, including their connecting waters and those 
        portions of rivers, streams, and other bodies of water 
        having unimpaired connection with the open sea up to 
        the head of tidal influence, including wetlands, 
        intertidal areas, bays, harbors, and lagoons, including 
        waters of the territorial sea of the United States and 
        the contiguous zone; and
          [(6) ``Under Secretary'' means Under Secretary of 
        Commerce for Oceans and Atmosphere.

[SEC. 503. COMPREHENSIVE COASTAL WATER QUALITY MONITORING PROGRAM.

  [(a) Authority; Joint Implementation.--(1) The Administrator 
and the Under Secretary, in conjunction with other Federal, 
State, and local authorities, shall jointly develop and 
implement a program for the long-term collection, assimilation, 
and analysis of scientific data designed to measure the 
environmental quality of the Nation's coastal ecosystems 
pursuant to this section. Monitoring conducted pursuant to this 
section shall be coordinated with relevant monitoring programs 
conducted by the Administrator, Under Secretary, and other 
Federal, State, and local authorities.
  [(2) Primary leadership for the monitoring program activities 
conducted by the Environmental Protection Agency pursuant to 
this section shall be located at the Environmental Research 
Laboratory in Narragansett, Rhode Island.
  [(b) Program Elements.--The Comprehensive Coastal Water 
Quality Monitoring Program shall include, but not be limited 
to--
          [(1) identification and analysis of the status of 
        environmental quality in the Nation's coastal 
        ecosystems, including but not limited to, assessment 
        of--
                  [(A) ambient water quality, including 
                contaminant levels in relation to criteria and 
                standards issued pursuant to title III or the 
                Federal Water Pollution Control Act 33 U.S.C. 
                1311 et seq.);
                  [(B) benthic environmental quality, including 
                analysis of contaminant levels in sediments in 
                relation to criteria and standards issued 
                pursuant to title III of the Federal Water 
                Pollution Control Act 33 U.S.C. 1311 et seq.); 
                and
                  [(C) health and quality of living resources.
          [(2) identification of sources of environmental 
        degradation affecting the Nation's coastal ecosystems;
          [(3) assessment of the impact of governmental 
        programs and management strategies and measures 
        designed to abate or prevent the environmental 
        degradation of the Nation's coastal ecosystems;
          [(4) assessment of the accumulation of floatables 
        along coastal shorelines;
          [(5) analysis of expected short-term and long-term 
        trends in the environmental quality of the Nation's 
        coastal ecosystems; and
          [(6) the development and implementation of intensive 
        coastal water quality monitoring programs in accordance 
        with subsection (d).
  [(c) Monitoring Guidelines and Protocols.--
          [(1) Guidelines.--Not later than 18 months after the 
        date of the enactment of this title, the Administrator 
        and the Under Secretary shall jointly issue coastal 
        water quality monitoring guidelines to assist in the 
        development and implementation of coastal water quality 
        monitoring programs. The guidelines shall--
                  [(A) provide an appropriate degree of 
                uniformity among the coastal water quality 
                monitoring methods and data while preserving 
                the flexibility of monitoring programs to 
                address specific needs;
                  [(B) establish scientifically valid 
                monitoring methods that will--
                          [(i) provide simplified methods to 
                        survey and assess the water quality and 
                        ecological health of coastal waters;
                          [(ii) identify and quantify through 
                        more intensive efforts the severity of 
                        existing or anticipated problems in 
                        selected coastal waters;
                          [(iii) identify and quantify sources 
                        of pollution that cause or contribute 
                        to those problems, including point and 
                        nonpoint sources; and
                          [(iv) evaluate over time the 
                        effectiveness of efforts to reduce or 
                        eliminate pollution from those sources;
                  [(C) provide for data compatibility to enable 
                data to be efficiently stored and shared by 
                various users; and
                  [(D) identify appropriate physical, chemical, 
                and biological indicators of the health and 
                quality of coastal ecosystems.
          [(2) Technical protocols.--Guidelines issued under 
        paragraph (1) shall include protocols for--
                  [(A) designing statistically valid coastal 
                water quality monitoring networks and 
                monitoring surveys, including assessment of the 
                accumulation of floatables.
                  [(B) sampling and analysis, including 
                appropriate physical and chemical parameters, 
                living resource parameters, and sediment 
                analysis techniques; and
                  [(C) quality control, quality assessment, and 
                data consistency and management.
          [(3) Periodic review.--The Administrator and the 
        Under Secretary shall periodically review the 
        guidelines and protocols issued under this subsection 
        to evaluate their effectiveness, the degree to which 
        they continue to answer program objectives and provide 
        an appropriate degree of uniformity while taking local 
        conditions into account, and any need to modify or 
        supplement them with new guidelines and protocols, as 
        needed.
          [(4) Discharge permit data.--The Administrator or a 
        State permitting authority shall ensure that compliance 
        monitoring conducted pursuant to section 402(a)(2) of 
        the Federal Water Pollution Control Act (33 U.S.C. 
        1342(a)(2)) for permits for discharges to coastal 
        waters is consistent with the guidelines issued under 
        this subsection. Any modifications of discharge permits 
        necessary to implement this subsection shall be deemed 
        to be minor modifications of such permit. Nothing in 
        this subsection requires dischargers to conduct 
        monitoring other than compliance monitoring pursuant to 
        permits under section 402(a)(2) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1342(a)(2)).
  [(d) Intensive Coastal Water Quality Monitoring Programs.--
          [(1) In general.--The Comprehensive Coastal Water 
        Quality Monitoring Program established pursuant to this 
        section shall include intensive coastal water quality 
        monitoring programs developed under this subsection.
          [(2) Designation of intensive monitoring areas.--Not 
        later than 24 months after the date of enactment of 
        this title and periodically thereafter, the 
        Administrator and the Under Secretary shall, based on 
        recommendations by the National Research Council, 
        jointly designate coastal areas to be intensively 
        monitored.
          [(3) Identification of suitable coastal areas.--(A) 
        The Administrator and the Under Secretary shall 
        contract with the National Research Council to conduct 
        a study to identify coastal areas suitable for the 
        establishment of intensive coastal monitoring programs. 
        In identifying these coastal areas, the National 
        Research Council shall consider areas that--
                  [(i) are representatives of coastal 
                ecosystems throughout the United States;
                  [(ii) will provide information to assess the 
                status and trends of coastal water quality 
                nation-wide; and
                  [(iii) would benefit from intensive water 
                quality monitoring because of local management 
                needs.
          [(B) In making recommendations under this paragraph, 
        the National Research Council shall consult with 
        Regional Research Boards established pursuant to title 
        IV of this Act.
          [(C) The National Research Council shall, within 18 
        months of the date of enactment of this title, submit a 
        report to the Administrator and the Under Secretary 
        listing areas suitable for intensive monitoring.
          [(D) The Administrator and the Under Secretary, in 
        conjunction with other Federal, State, and local 
        authorities, shall develop and implement multi-year 
        programs of intensive monitoring for Massachusetts and 
        Cape Cod Bays, the Gulf of Maine, the Chesapeake Bay, 
        the Hudson-Raritan Estuary, and each area jointly 
        designated by the Administrator and the Under Secretary 
        pursuant to paragraph (2).
          [(4) Intensive coastal water quality monitoring 
        programs.--Each intensive coastal water quality 
        monitoring program developed pursuant to this 
        subsection shall--
                  [(A) identify water quality conditions and 
                problems and provide information to assist in 
                improving coastal water quality;
                  [(B) clearly state the goals and objectives 
                of the monitoring program and their 
                relationship to the water quality objectives 
                for coastal waters covered by the program;
                  [(C) identify the water quality and 
                biological parameters of the monitoring program 
                and their relationship to these goals and 
                objectives;
                  [(D) describe the types of monitoring 
                networks, surveys and other activities to be 
                used to achieve these goals and objectives, 
                using where appropriate the guidelines issued 
                under subsection (c);
                  [(E) survey existing Federal, State, and 
                local coastal monitoring activities and private 
                compliance monitoring activities in or on the 
                coastal waters covered by the program, describe 
                the relationship of the program to those other 
                monitoring activities, and integrate them, as 
                appropriate, into the intensive monitoring 
                program;
                  [(F) describe the data management and quality 
                control components of the program;
                  [(G) specify the implementation requirements 
                for the program, including--
                          [(i) the lead Federal, State, or 
                        regional authority that will administer 
                        the program;
                          [(ii) the public and private parties 
                        that will implement the program;
                          [(iii) a detailed schedule for 
                        program implementation;
                          [(iv) all Federal and State 
                        responsibilities for implementing the 
                        program; and
                          [(v) the changes in Federal, State, 
                        and local monitoring programs necessary 
                        to implement the program;
                  [(H) estimate the costs to Federal and State 
                governments, and other participants, of 
                implementing the monitoring program; and
                  [(I) describe the methods to assess 
                periodically the success of the monitoring 
                program in meeting its goals and objectives, 
                and the manner in which the program may be 
                modified from time-to-time.
          [(5) Criteria for monitoring massachusetts and cape 
        cod bays.--In addition to the criteria listed in 
        paragraph (4), the intensive monitoring program for 
        Massachusetts and Cape Cod Bays shall establish 
        baseline data on environmental phenomena (such as 
        quantity of bacteria and quality of indigenous species, 
        and swimmability) and determine the ecological impacts 
        resulting from major point source discharges.
          [(6) Memorandum of understanding.--Prior to 
        implementing any intensive coastal water quality 
        monitoring program under this subsection, the 
        Administrator and the Under Secretary shall enter into 
        a Memorandum of Understanding to implement the 
        intensive coastal water quality monitoring programs and 
        may extend the memorandum of Understanding to include 
        other appropriate Federal agencies. The Memorandum of 
        Understanding shall identify the monitoring and 
        reporting responsibilities of each agency and shall 
        encourage the coordination of monitoring activities.
          [(7) Implementation.--(A) The Administrator, the 
        Under Secretary, and the Governor of each State having 
        waters subject to an intensive coastal water quality 
        monitoring program developed pursuant to this 
        subsection shall ensure compliance with that program.
          [(B) The Administrator and the Under Secretary are 
        authorized to enter into cooperative agreements to 
        provide financial assistance to non-Federal agencies 
        and institutions to support implementation of intensive 
        monitoring programs under this subsection. Federal 
        financial assistance may only be provided on the 
        condition that not less than fifty percent of the costs 
        of the monitoring to be conducted by a non-Federal 
        agency or institution is provided from non-Federal 
        funds.
  [(e) Comprehensive Implementation Strategy.--
          [(1) In general.--Within 1 year after the date of 
        enactment of this title, the Administrator and the 
        Under Secretary shall jointly submit to Congress a 
        Comprehensive Implementation Strategy identifying the 
        current and planned activities to implement the 
        Comprehensive Coastal Monitoring Program pursuant to 
        this section.
          [(2) Consultation.--The Administrator and the Under 
        Secretary shall consult with the National Academy of 
        Sciences, the Director of the United States Fish and 
        Wildlife Service, the Director of the Minerals 
        Management Service, the Commandant of the Coast Guard, 
        the Secretary of the Navy, the Secretary of 
        Agriculture, the heads of any other relevant Federal or 
        regional agencies, and the Governors of coastal States 
        in developing the Strategy.
          [(3) Public comment.--Not less than 3 months before 
        submitting the Strategy to Congress, the Administrator 
        and the Under Secretary shall jointly publish a draft 
        version of the Strategy in the Federal Register and 
        shall solicit public comments regarding the Strategy.
          [(4) Memorandum of understanding.--Within 1 year 
        after submission of the Strategy under paragraph (1), 
        the Administrator and the Under Secretary shall enter 
        into a Memorandum of Understanding with appropriate 
        Federal agencies necessary to effect the coordination 
        of Federal coastal monitoring programs. The Memorandum 
        of Understanding shall identify the monitoring and 
        reporting responsibilities of each agency and shall 
        encourage the coordination of monitoring activities 
        where possible.

[SEC. 504. REPORT TO CONGRESS.

  [On September 30 of each other year beginning in 1993, the 
Administrator and the Under Secretary shall jointly submit to 
the Committee on Commerce, Science, and Transportation and the 
Committee on Environment and Public Works of the Senate and the 
Committee on Merchant Marine and Fisheries and the Committee on 
Public Works and Transportation of the House of Representatives 
a report describing the condition of the Nation's coastal 
ecosystems, including the following:
          [(1) an assessment of the status and health of the 
        Nation's coastal ecosystems;
          [(2) an evaluation of environmental trends in coastal 
        ecosystems;
          [(3) identification of sources of environmental 
        degradation affecting coastal ecosystems;
          [(4) an assessment of the extent to which floatables 
        degrade coastal ecosystems, including trends in the 
        accumulation of floatables and the threat posed by 
        floatables to aquatic life;
          [(5) an assessment of the impact of government 
        programs designed to abate the degradation of coastal 
        ecosystems;
          [(6) an evaluation of the adequacy of monitoring 
        programs and identification of any additional program 
        elements which may be needed; and
          [(7) a summary of monitoring results in areas 
        monitored under subsection 503(d).

[SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

  [(a) NOAA Authorization.--For development and implementation 
of programs under this title, including financial assistance to 
non-Federal agencies and institutions to support implementation 
of intensive monitoring programs under section 503(d), there is 
authorized to be appropriated to the Under Secretary amounts 
not to exceed $5,000,000 for fiscal year 1993, $8,000,000 for 
fiscal year 1994, $10,000,000 for fiscal year 1995, and 
$12,000,000 for fiscal year 1996.
  [(b) EPA Authorization.--For development and implementation 
of programs under this title, including financial assistance to 
non-Federal agencies and institutions to support implementation 
of intensive monitoring programs under section 503(d), there is 
authorized to be appropriated to the Administrator amounts not 
to exceed $5,000,000 for fiscal year 1993, $8,000,000 for 
fiscal year 1994, and $10,000,000 for fiscal year 1995, and 
$12,000,000 for fiscal year 1996.]
          * * * * * * *
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               GREAT LAKES SHORELINE MAPPING ACT OF 1987

          * * * * * * *

     TITLE III--MARINE SCIENCE, TECHNOLOGY, AND POLICY DEVELOPMENT

          * * * * * * *

                    [Subtitle B--Great Lakes Mapping

[SEC. 3201. SHORT TITLE.

  [This subtitle may be cited as the ``Great Lakes Shoreline 
Mapping Act of 1987''.

[SEC. 3202. GREAT LAKES SHORELINE MAPPING PLAN.

  [(a) Preparation of Plan.--Not later than nine months after 
the date of the enactment of this subtitle, the Director, in 
consultation with the Director of the United States Geological 
Survey, shall submit to the Congress a plan for preparing maps 
of the shoreline of the Great Lakes under section 3203.
  [(b) Content of Plan.--A plan prepared under paragraph (1) 
shall include--
          [(1) a work proposal and a division of 
        responsibilities between the National Oceanic and 
        Atmospheric Administration and the United States 
        Geological Survey;
          [(2) a time schedule for completion of maps;
          [(3) recommendation of funding needed for preparing 
        the maps; and
          [(4) an area mapping schedule, with first priority 
        given to shoreline areas subject to a high risk of 
        erosion or flooding.

[SEC. 3203. PREPARATION OF GREAT LAKES SHORELINE MAPS.

  [(a) In General.--The following completion of a shoreline 
mapping plan under section 3202 and subject to authorization 
and appropriation of funds, the Director, in consultation with 
the Director of the United States Geological Survey, shall 
prepare maps of the shoreline areas of the Great Lakes.
  [(b) Content of Maps.--Maps prepared under this section--
          [(1) shall include--
                  [(A) bathymetry of the nearshore area, to the 
                extent that this area will affect coastal 
                erosion and flooding;
                  [(B) topography of the adjacent shoreline, to 
                the extent that this area will directly affect 
                or be affected by coastal erosion and flooding;
                  [(C) the geological conditions of the 
                nearshore area and shoreline to the extent that 
                these areas will directly affect or be affected 
                by coastal erosion and flooding;
                  [(D) information on the recent geological 
                past of the nearshore area and shoreline areas 
                described in paragraph (3); and
                  [(E) appropriate information for use in 
                predicting and preventing damage caused by 
                erosion and flooding in the Great Lakes;
          [(2) shall be of appropriate scale and detail and 
        take into account the greater informational needs of 
        areas subject to a high risk of erosion or flooding; 
        and
          [(3) to the maximum extent practicable, shall be 
        consistent with similar shoreline maps prepared by, or 
        for the use of, the Government of Canada.
  [(c) Consultation.--In preparing maps under this section, the 
Director shall consult with, and take into consideration, the 
informational needs of--
          [(1) the Army Corps of Engineers;
          [(2) the Federal Emergency Management Agency;
          [(3) other appropriate Federal agencies;
          [(4) the States of Illinois, Indiana, Michigan, 
        Minnesota, New York, Ohio, Pennsylvania, and Wisconsin;
          [(5) appropriate local government units; and
          [(6) the general public.
  [(d) Availability of Maps.--The Director shall make maps 
prepared under this section available to--
          [(1) Federal agencies;
          [(2) State governments;
          [(3) local government units;
          [(4) the Government of Canada; and
          [(5) the general public.
  [(e) Recovery of Costs.--The costs of reproducing and 
distributing maps prepared under this section may be recovered 
under section 9701 of title 31, United States Code, or another 
law.

[SEC. 3204. CONTRACT AUTHORITY.

  [The Director may, subject to appropriations, enter into 
contracts and agreements on a reimbursable or cost-sharing 
basis with other Federal agencies, State governments, local 
governments, and private entities, to carry out this subtitle.

[SEC. 3205. DEFINITIONS.

  [For purposes of this subtitle--
          [(1) The term ``Director'' means the Director of 
        Charting and Geodetic Services of the National Ocean 
        Service, within the National Oceanic and Atmospheric 
        Administration.
          [(2) The term ``Great Lakes'' means Lake Erie, Lake 
        Huron, Lake Michigan, Lake Ontario, Lake St. Clair, 
        Lake Superior, the Saint Mary's River, the Saint Clair 
        River, the Detroit River, the Niagara River, the Saint 
        Lawrence River to the Canadian border, to the extent 
        such lakes and rivers are subject to the jurisdiction 
        of the United States.
          [(3) The term ``high risk of erosion'' means subject 
        to erosion at a rate greater than 1 foot per year.

[SEC. 3206. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated to carry out section 
3202 not more than $100,000 for fiscal year 1989. Amounts 
appropriated pursuant to this section shall remain available 
until expended.]
                              ----------                              


           THE GREAT LAKES FISH AND WILDLIFE TISSUE BANK ACT

          * * * * * * *

          [TITLE II--GREAT LAKES FISH AND WILDLIFE TISSUE BANK

[SEC. 201. SHORT TITLE.

  [This title may be cited as ``The Great Lakes Fish and 
Wildlife Tissue Bank Act''.

[SEC. 202. TISSUE BANK.

  [(a) In General.--The Secretary shall coordinate existing 
facilities for the storage, preparation, examination, and 
archiving of tissues from selected Great Lakes fish and 
wildlife, which shall be known as the ``Great Lakes Fish and 
Wildlife Tissue Bank''.
  [(b) Guidance.--The Secretary shall, in consultation with 
appropriate Federal and State agencies and the Council of Great 
Lakes Research Managers, issue guidance, after an opportunity 
for public review and comment, for Great Lakes fish and 
wildlife tissue collection, preparation, archiving, quality 
control procedures, and access that will ensure--
          [(1) appropriate uniform methods and standards for 
        those activities to provide confidence in Great Lakes 
        fish and wildlife tissue samples used for research;
          [(2) documentation of procedures used for collecting, 
        preparing, and archiving those samples; and
          [(3) appropriate scientific use of the tissues in the 
        Great Lakes Fish and Wildlife Tissue Bank.

[SEC. 203. DATA BASE.

  [(a) Maintenance.--The Secretary shall maintain a central 
data base which provides an effective means for tracking and 
assessing relevant reference data on Great Lakes fish and 
wildlife, including data on tissues collected for and 
maintained in the Great Lakes Fish and Wildlife Tissue Bank.
  [(b) Access.--The Secretary shall establish criteria, after 
an opportunity for public review and comment, for access to the 
data base which provides for appropriate use of the information 
by the public.

[SEC. 204. DEFINITIONS.

  [In this title--
          [(1) ``Secretary'' means the Secretary of the 
        Interior, acting through the Director of the United 
        States Fish and Wildlife Service.
          [(2) ``Great Lakes fish and wildlife'' means fauna, 
        fish, and invertebrates dependent on Great Lakes 
        resources, and located within the Great Lakes Basin.

[SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

  [There is authorized to be appropriated to the Secretary, 
$250,000 for each of fiscal years 1993 and 1994 to carry out 
this title.]
                              ----------                              


   NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND CONTROL ACT OF 1990

           [TITLE I--AQUATIC NUISANCE PREVENTION AND CONTROL

                    [Subtitle A--General Provisions

[SECTION 1001. SHORT TITLE.

  [This title may be cited as the ``Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990''.

[SEC. 1002. FINDINGS AND PURPOSES.

  [(a) Findings.--The Congress finds that--
          [(1) the discharge of untreated water in the ballast 
        tanks of vessels and through other means results in 
        unintentional introductions of nonindigenous species to 
        fresh, brackish, and saltwater environments;
          [(2) when environmental conditions are favorable, 
        nonindigenous species, such as the zebra mussel 
        (Dreissena polymorpha), become established and may 
        disrupt the aquatic environment and economy of affected 
        coastal areas;
          [(3) the zebra mussel was unintentionally introduced 
        into the Great Lakes and, if left uncontrolled, is 
        expected to infest over two-thirds of the continental 
        United States through the unintentional transportation 
        of larvae and adults by vessels operating in inland 
        waters; and
          [(4) the potential economic disruption to communities 
        affected by the zebra mussel due to its colonization of 
        water pipes, boat hulls and other hard surfaces has 
        been estimated at $5,000,000,000 by the year 2000, and 
        the potential disruption to the diversity and abundance 
        of native fish and other species could be severe.
  [(b) Purposes.--The purposes of this Act are--
          [(1) to prevent unintentional introduction and 
        dispersal of nonindigenous species into waters of the 
        United States through ballast water management and 
        other requirements;
          [(2) to coordinate federally conducted, funded or 
        authorized research, prevention control, information 
        dissemination and other activities regarding the zebra 
        mussel and other aquatic nuisance species;
          [(3) to develop and carry out environmentally sound 
        control methods to prevent, monitor and control 
        unintentional introductions of nonindigenous species 
        from pathways other than ballast water exchange;
          [(4) to understand and minimize economic and 
        ecological impacts of nonindigenous aquatic nuisance 
        species that become established, including the zebra 
        mussel; and
          [(5) to establish a program of research and 
        technology development and assistance to States in the 
        management and removal of zebra mussels.

[SEC. 1003. DEFINITIONS.

  [As used in this Act, the term--
          [(1) ``appropriate Committees'' means the Committee 
        on Public Works and Transportation and the Committee on 
        Merchant Marine and Fisheries in the House of 
        Representatives and the Committee on Environment and 
        Public Works and Committee on Commerce, Science, and 
        Transportation in the Senate; and
          [(2) ``aquatic nuisance species'' means a 
        nonindigenous species that threatens the diversity or 
        abundance of native species or the ecological stability 
        of infested waters, or commercial, agricultural, 
        aquacultural or recreational activities dependent on 
        such waters;
          [(3) ``assistant Secretary'' means the Assistant 
        Secretary of the Army (Civil Works);
          [(4) ``ballast water'' means any water and associated 
        sediments used to manipulate the trim and stability of 
        a vessel;
          [(5) ``Director'' means the Director of the United 
        States Fish and Wildlife Service;
          [(6) ``exclusive economic zone'' means the Exclusive 
        Economic Zone of the United States established by 
        Proclamation Number 5030, dated March 10, 1983, and the 
        equivalent zone of Canada;
          [(7) ``environmentally sound'' methods, efforts, 
        actions or programs means methods, efforts, actions or 
        programs to prevent introductions or control 
        infestations of aquatic nuisance species that minimize 
        adverse impacts to the structure and function of an 
        ecosystem and adverse effects on non-target organisms 
        and ecosystems and emphasize integrated pest management 
        techniques and nonchemical measures;
          [(8) ``Great Lakes'' means Lake Ontario, Lake Erie, 
        Lake Huron (including Lake St. Clair), Lake Michigan, 
        Lake Superior, and the connecting channels (Saint 
        Mary's River, Saint Clair River, Detroit River, Niagara 
        River, and Saint Lawrence River to the Canandian 
        Border), and includes all other bodies of water within 
        the drainage basin of such lakes and connecting 
        channels.
          [(9) ``nonindigenous species'' means any species or 
        other viable biological material that enters an 
        ecosystem beyond its historic range, including any such 
        organism transferred from one country into another;
          [(10) ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating;
          [(11) ``Task Force'' means the Aquatic Nuisance 
        Species Task Force established under section 1201 of 
        this Act;
          [(12) ``territorial sea'' means the belt of the sea 
        measured from the baseline of the United States 
        determined in accordance with international law, as set 
        forth in Presidential Proclamation Number 5928, dated 
        December 27, 1988;
          [(13) ``Under Secretary'' means the Under Secretary 
        of Commerce for Oceans and Atmosphere;
          [(14) ``waters of the United States'' means the 
        navigable waters and the territorial sea of the United 
        States; and
          [(15) ``unintentional introduction'' means an 
        introduction of nonindigenous species that occurs as 
        the result of activities other than the purposeful or 
        intentional introduction of the species involved, such 
        as the transport of nonindigenous species in ballast or 
        in water used to transport fish, mollusks or 
        crustaceans for aquaculture or other purposes.

   [Subtitle B--Prevention of Unintentional Introductions of Aquatic 
                            Nuisance Species

[SEC. 1101. AQUATIC NUISANCE SPECIES IN THE GREAT LAKES.

  [(a) Guidelines.--(1) Not later than 6 months after the date 
of enactment of the Act, the Secretary shall issue voluntary 
guidelines to prevent the introduction and spread of aquatic 
nuisance species into the Great Lakes through the exchange of 
ballast water of vessels prior to entering those waters.
  [(2) The guidelines issued under this subsection shall--
          [(A) ensure to the maximum extent practicable that 
        ballast water containing aquatic nuisance species is 
        not discharged into the Great Lakes;
          [(B) protect the safety of each vessel, its crew, and 
        passengers;
          [(C) take into consideration different vessel 
        operating conditions; and
          [(D) be based on the best scientific information 
        available.
  [(3) Within 12 months after the date of enactment of this 
Act, the Secretary shall carry out education and technical 
assistance programs and other measures to encourage compliance 
with the guidelines issued under this subsection.
  [(b) Authority of Secretary.--(1) Within 24 months after the 
date of enactment of this Act, the Secretary, in consultation 
with the Task Force, shall issue regulations to prevent the 
introduction and spread of aquatic nuisance species into the 
Great Lakes through the ballast water of vessels.
  [(2) The regulations issued under this subsection shall--
          [(A) require all vessels that carry ballast water and 
        enter a United States port on the Great Lakes after 
        operating on the waters beyond the exclusive economic 
        zone;
          [(B) require a vessel to--
                  [(i) carry out exchange of ballast water on 
                the waters beyond the exclusive economic zone 
                prior to entry into any port within the Great 
                Lakes;
                  [(ii) carry out an exchange of ballast water 
                in other waters where the exchange does not 
                pose a threat of infestation or spread of 
                aquatic nuisance species in the Great Lakes and 
                other waters of the United States, as 
                recommended by the Task Force under section 
                1102(a)(1); or
                  [(iii) use environmentally sound alternative 
                ballast water management methods if the 
                Secretary determines that such alternative 
                methods are as effective as ballast water 
                exchange in preventing and controlling 
                infestations of aquatic nuisance species.
          [(C) not affect or supersede any requirements or 
        prohibitions pertaining to the discharge of ballast 
        water into waters of the United States under the 
        Federal Water Pollution Control Act (33 U.S.C. 1251 et 
        seq.);
          [(D) provide for sampling procedures to monitor 
        compliance with the requirements of the regulations;
          [(E) prohibit the operation of a vessel in the Great 
        Lakes if the master of the vessel has not certified to 
        the Secretary or the Secretary's designee by not later 
        than the departure of that vessel from the first lock 
        in the St. Lawrence Seaway that the vessel has complied 
        with the requirements of the regulations;
          [(F) request the Secretary of the Treasury to 
        withhold or revoke the clearance required by section 
        4197 of the Revised Statutes (46 App. U.S.C. 91) of a 
        vessel, the owner or operator of which is in violation 
        of the regulations;
          [(G)  protect  the  safety  of  each  vessel,  its  
        crew,  and passengers;
          [(H) take into consideration different vessel 
        operating conditions; and
          [(I) be based on the best scientific information 
        available.
  [(3) In addition to issuing regulations under paragraph (1), 
the Secretary, in consultation with the Task Force shall, not 
later than 24 months after the date of the enactment of this 
paragraph, issue regulations to prevent the introduction and 
spread of aquatic nuisance species in the Great Lakes through 
ballast water carried on vessels that, after operating on the 
waters beyond the exclusive economic zone, enter a United 
States port on the Hudson River north of the George Washington 
Bridge.
          [(3) In addition to issuing regulations under 
        paragraph (1), the Secretary, in consultation with the 
        Task Force shall, not later than 24 months after the 
        date of the enactment of this paragraph, issue 
        regulations to prevent the introduction and spread of 
        aquatic nuisance species into the Great Lakes through 
        ballast water carried on vessels that, after operating 
        on the waters beyond the exclusive economic zone, enter 
        a United States port on the Hudson River north of the 
        George Washington Bridge.
  [(c) Civil Penalties.--Any person who violates the 
regulations issued under subsection (b) shall be liable for a 
civil penalty in an amount not to exceed $25,000. Each day of a 
continuing violation constitutes a separate violation. A vessel 
operated in violation of the regulations is liable in rem for 
any civil penalty assessed under this subsection for that 
violation.
  [(d) Criminal Penalties.--Any person who knowingly violates 
the regulations issued under subsection (b) is guilty of a 
class C felony.
  [(e) Consultation With Canada.--In developing the guidelines 
and regulations, the Secretary is encouraged to consult with 
the Government of Canada to develop an effective international 
program for preventing the introduction and spread of aquatic 
nuisance species in the Great Lakes from the ballast water of 
vessels.

[SEC. 1102. NATIONAL BALLAST WATER CONTROL PROGRAM.

  [(a) Studies on Introduction of Aquatic Nuisance Species by 
Vessels.--
          [(1) Ballast exchange study.--The Task Force shall 
        conduct a study--
                  [(A) to assess the environmental effects of 
                ballast water exchange on the diversity and 
                abundance of native species in receiving 
                estuarine, marine, and fresh waters of the 
                United States; and
                  [(B) to identify areas within the waters of 
                the United States and the exclusive economic 
                zone, if any, where the exchange of ballast 
                water does not pose a threat of infestation or 
                spread of aquatic nuisance species in the Great 
                Lakes and other waters of the United States.
          [(2) Biological study.--The Task Force shall conduct 
        a study to determine whether aquatic nuisance species 
        threaten the ecological characteristics and economic 
        uses of waters of the United States other than the 
        Great Lakes.
          [(3) Shipping study.--The Secretary shall conduct a 
        study to determine the need for controls on vessels 
        entering waters of the United States, other than the 
        Great Lakes, to minimize the risk of unintentional 
        introduction and dispersal of aquatic nuisance species 
        in those waters. The study shall include an examination 
        of--
                  [(A) the degree to which shipping may be a 
                major pathway of transmission of aquatic 
                nuisance species in those waters;
                  [(B) possible alternatives for controlling 
                introduction of those species through shipping; 
                and
                  [(C) the feasibility of implementing regional 
                versus national control measures.
  [(b) Consultation.--The Secretary and the Task Force shall 
cooperate in conducting their respective studies under this 
section.
  [(c) Reports.--
          [(1) Ballast exchange.--Not later than 18 months 
        after the date of enactment of this Act and prior to 
        the effective date of the regulations issued under 
        section 1101(b), the Task Force shall submit a report 
        to the appropriate Committees that presents the results 
        of the study required under subsection (a)(1) and makes 
        recommendations with respect to such regulations.
          [(2) Biological and shipping studies.--Not later than 
        18 months after the date of enactment of this Act, the 
        Secretary and the Task Force shall each submit to the 
        appropriate Committees a report on the results of their 
        respective studies under paragraphs (2) and (3) of 
        subsection (a).
  [(d) Negotiations.--The Secretary, working through the 
International Maritime Organization, is encouraged to enter 
into negotiations with the governments of foreign countries 
concerning the planning and implementation of measures aimed at 
the prevention and control of unintentional introductions of 
aquatic nuisance species in coastal waters.

    [Subtitle C--Prevention and Control of Aquatic Nuisance Species

[SEC. 1201. ESTABLISHMENT OF TASK FORCE.

  [(a) Task Force.--There is hereby established an ``Aquatic 
Nuisance Species Task Force''.
  [(b) Membership.--Membership of the Task Force shall consist 
of--
          [(1) the Director;
          [(2) the Under Secretary;
          [(3) the Administrator of the Environmental 
        Protection Agency;
          [(4) the Commandant of the United States Coast Guard;
          [(5) the Assistant Secretary; and
          [(6) the head of any other Federal agency that the 
        chairpersons designated under subsection (d) deem 
        appropriate.
  [(c) Ex Officio Members.--The chairpersons designated under 
subsection (d) shall invite representatives of the Great Lakes 
Commission and State agencies and other governmental entities 
to participate as ex officio members of the Task Force.
  [(d) Chairpersons.--The Director and the Under Secretary 
shall serve as co-chairpersons of the Task Force and shall be 
jointly responsible, and are authorized to undertake such 
activities as may be necessary, for carrying out this subtitle 
in consultation and cooperation with the other members of the 
Task Force.
  [(e) Memorandum of Understanding.--Within six months of the 
date of enactment of this Act, the Director and the Under 
Secretary shall develop a memorandum of understanding that 
describes the role of each in jointly carrying out this 
subtitle.
  [(f) Coordination.--Each Task Force member shall coordinate 
any action to carry out this subtitle with any such action by 
other members of the Task Force, and regional, State and local 
entities.

[SEC. 1202. AQUATIC NUISANCE SPECIES PROGRAM.

  [(a) In General.--The Task Force shall develop and implement 
a program for waters of the United States to prevent 
introduction and dispersal of aquatic nuisance species; to 
monitor, control and study such species; and to disseminate 
related information.
  [(b) Content.--The program developed under subsection (a) 
shall--
          [(1) identify the goals, priorities, and approaches 
        for aquatic nuisance species prevention, monitoring, 
        control, education and research to be conducted or 
        funded by the Federal Government;
          [(2) describe the specific prevention, monitoring, 
        control, education and research activities to be 
        conducted by each Task Force member;
          [(3) coordinate aquatic nuisance species programs and 
        activities of Task Force members and affected State 
        agencies;
          [(4) describe the role of each Task Force member in 
        implementing the elements of the program as set forth 
        in this subtitle;
          [(5) include recommendations for funding to implement 
        elements of the program; and
          [(6) develop a demonstration program of prevention, 
        monitoring, control, education and research for the 
        zebra mussel, to be implemented in the Great Lakes and 
        any other waters infested, or likely to become infested 
        in the near future, by the zebra mussel.
  [(c) Prevention.--
          [(1) In general.--The Task Force shall establish and 
        implement measures, within the program developed under 
        subsection (a), to minimize the risk of introduction of 
        aquatic nuisance species to waters of the United 
        States, including--
                  [(A) identification of pathways by which 
                aquatic organisms are introduced to waters of 
                the United States;
                  [(B) assessment of the risk that an aquatic 
                organism carried by an identified pathway may 
                become an aquatic nuisance species; and
                  [(C) evaluation of whether measures to 
                prevent introductions of aquatic nuisance 
                species are effective and environmentally 
                sound.
          [(2) Implementation.--Whenever the Task Force 
        determines that there is a substantial risk of 
        unintentional introduction of an aquatic nuisance 
        species by an identified pathway and that the adverse 
        consequences of such an introduction are likely to be 
        substantial, the Task Force shall, acting through the 
        appropriate Federal agency, and after an opportunity 
        for public comment, carry out cooperative, 
        environmentally sound efforts with regional, State and 
        local entities to minimize the risk of such an 
        introduction.
  [(d) Monitoring.--The Task Force shall establish and 
implement monitoring measures, within the program developed 
under subsection (a), to--
          [(1) detect unintentional introductions of aquatic 
        nuisance species;
          [(2) determine the dispersal of aquatic nuisance 
        species after introduction; and
          [(3) provide for the early detection and prevention 
        of infestations of aquatic nuisance species in 
        unaffected drainage basins.
  [(e) Control.--
          [(1) In general.--The Task Force may develop 
        cooperative efforts, within the program established 
        under subsection (a), to control established aquatic 
        nuisance species to minimize the risk of harm to the 
        environment and the public health and welfare. For 
        purposes of this Act, control efforts include 
        eradication of infestations, reductions of populations, 
        development of means of adapting human activities and 
        public facilities to accommodate infestations, and 
        prevention of the spread of aquatic nuisance species 
        from infested areas. Such control efforts shall be 
        developed in consultation with affected Federal 
        agencies, States, Indian Tribes, local governments, 
        interjurisdictional organizations, and other 
        appropriate entities. Control actions authorized by 
        this section shall be based on the best available 
        scientific information and shall be conducted in an 
        environmentally sound manner.
          [(2) Decisions.--The Task Force or any other affected 
        agency or entity may recommend that the Task Force 
        initiate a control effort. In determining whether a 
        control program is warranted, the Task Force shall 
        evaluate the need for control (including the projected 
        consequences of no control and less than full control); 
        the technical and biological feasibility and cost-
        effectiveness of alternative control strategies and 
        actions; whether the benefits of control, including 
        costs avoided, exceed the costs of the program; the 
        risk of harm to non-target organisms and ecosystems, 
        public health and welfare; and such other 
        considerations the Task Force determines appropriate. 
        The Task Force shall also determine the nature and 
        extent of control of target aquatic nuisance species 
        that is feasible and desirable.
          [(3) Programs.--If the Task Force determines in 
        accordance with paragraph (2) that control of an 
        aquatic nuisance species is warranted, the Task Force 
        shall develop a proposed control program to achieve the 
        target level of control. A notice summarizing the 
        proposed action and soliciting comments shall be 
        published in the Federal Register, in major newspapers 
        in the region affected, and in principal trade 
        publications of the industries affected. Within 180 
        days of proposing a control program, and after 
        consultation with affected governmental and other 
        appropriate entities and taking into consideration 
        other comments received, the Task Force shall complete 
        development of the proposed control program.
  [(f) Research.--
          [(1) Priorities.--The Task Force shall, within the 
        program developed under subsection (a), conduct 
        research concerning--
                  [(A) the environmental and economic risks 
                associated with the introduction of aquatic 
                nuisance species into the waters of the United 
                States;
                  [(B) the principal pathways by which aquatic 
                nuisance species are introduced and dispersed;
                  [(C) possible methods for the prevention, 
                monitoring and control of aquatic nuisance 
                species; and
                  [(D) the assessment of the effectiveness of 
                prevention, monitoring and control methods.
          [(2) Protocol.--Within 90 days of the date of 
        enactment of this Act, the Task Force shall establish 
        and follow a protocol to ensure that research 
        activities carried out under this subtitle do not 
        result in the introduction of aquatic nuisance species 
        to waters of the United States.
          [(3) Grants for research.--The Task Force shall 
        allocate funds authorized under this Act for 
        competitive research grants to study all aspects of 
        aquatic nuisance species, which shall be administered 
        through the National Sea Grant College Program and the 
        Cooperative Fishery and Wildlife Research Units. Grants 
        shall be conditioned to ensure that any recipient of 
        funds follows the protocol established under paragraph 
        (2) of this subsection.
  [(g) Technical Assistance.--The Task Force shall, within the 
program developed under subsection (a), provide technical 
assistance to State and local governments and persons to 
minimize the environmental, public health, and safety risks 
associated with aquatic nuisance species, including an early 
warning system for advance notice of possible infestations and 
appropriate responses.
  [(h) Education.--The Task Force shall, with the program 
developed under subsection (a), establish and implement 
educational programs through Sea Grant Marine Advisory Services 
and any other available resources that it determines to be 
appropriate to inform the general public, State governments, 
governments of political subdivisions of States, and industrial 
and recreational users of aquatic resources in connection with 
matters concerning the identification of aquatic nuisance 
species, and control methods for such species, including the 
prevention of the further distribution of such species.
  [(i) Zebra Mussel Demonstration Program.--
          [(1) In general.--The Task Force shall, within the 
        program developed under subsection (a), undertake a 
        program of prevention, monitoring, control, education 
        and research for the zebra mussel to be implemented in 
        the Great Lakes and any other waters of the United 
        States infested or likely to become infested by the 
        zebra mussel, including--
                  [(A) research and development concerning the 
                species life history, environmental tolerances 
                and impacts on fisheries and other ecosystem 
                components, and the efficacy of control 
                mechanisms and means of avoiding or minimizing 
                impacts;
                  [(B) tracking the dispersal of the species 
                and establishment of an early warning system to 
                alert likely areas of future infestations;
                  [(C) development of control plans in 
                coordination with regional, State and local 
                entities; and
                  [(D) provision of technical assistance to 
                regional, State and local entities to carry out 
                this section.
          [(2) Public facility research and development.--The 
        Assistant Secretary, in consultation with the Task 
        Force, shall develop a program of research and 
        technology development for the environmentally sound 
        control of zebra mussels in and around public 
        facilities. The Assistant Secretary shall collect and 
        make available, through publications and other 
        appropriate means, information pertaining to such 
        control methods.
  [(j) Implementation.--
          [(1) Regulations.--Not later than 18 months after the 
        date of the enactment of this Act, the Director and the 
        Under Secretary may issue such rules and regulations as 
        may be necessary to implement this section.
          [(2) Participation of others.--The Task Force shall 
        provide opportunities for affected Federal agencies 
        which are not part of the Task Force, State and local 
        government agencies, and regional and other entities 
        with the necessary expertise to participate in control 
        programs. If these other agencies or entities have 
        sufficient authority or jurisdiction and expertise and 
        where this will be more efficient or effective, 
        responsibility for implementing all or a portion of a 
        control program may be delegated to such agencies or 
        entities.
  [(k) Reports.--
          [(1) Not later than 12 months after the date of 
        enactment of this Act, the Task Force shall submit a 
        report describing the program developed under 
        subsection (a), including the research protocol 
        required under subsection (f)(2), to the appropriate 
        Committees.
          [(2) On an annual basis after the submission of the 
        report under paragraph (1), the Task Force shall submit 
        a report to the appropriate Committees detailing 
        progress in carrying out this section.

[SEC. 1203. GREAT LAKES REGIONAL COORDINATION.

  [(a) In General.--Not later than 30 days following the date 
of enactment of this Act, the Task Force shall request that the 
Great Lakes Commission (established under Article IV of the 
Great Lakes Compact to which the Congress granted consent in 
the Act of July 24, 1968, P.L. 90-419) convene a panel of Great 
Lakes representatives from Federal, State and local agencies 
and from private environmental and commercial interests to--
          [(1) identify priorities for the Great Lakes with 
        respect to aquatic nuisance species;
          [(2) make recommendations to the Task Force regarding 
        programs to carry out section 1202(i) of this Act;
          [(3) assist the Task Force in coordinating Federal 
        aquatic nuisance species program activities in the 
        Great Lakes;
          [(4) coordinate, where possible, aquatic nuisance 
        species program activities in the Great Lakes that are 
        not conducted pursuant to this Act;
          [(5) provide advice to public and private individuals 
        and entities concerning methods of controlling aquatic 
        nuisance species; and
          [(6) submit annually a report to the Task Force 
        describing activities within the Great Lakes related to 
        aquatic nuisance species prevention, research, control.
  [(b) Consultation.--The Task Force shall request that the 
Great Lakes Fishery Commission provide information to the panel 
convened under this section on technical and policy matters 
related to the international fishery resources of the Great 
Lakes.
  [(c) Canadian Participation.--The panel convened under this 
section is encouraged to invite representatives from the 
Federal, provincial or territorial governments of Canada to 
participate as observers.

[SEC. 1204. STATE AQUATIC NUISANCE SPECIES MANAGEMENT PLANS.

  [(a) State Plan.--
          [(1) In general.--The Governor of each State may, 
        after notice and opportunity for public comment, 
        prepare and submit--
                  [(A) a comprehensive management plan to the 
                Task Force for approval which identifies those 
                areas or activities within the State, other 
                than those related to public facilities, for 
                which technical and financial assistance is 
                needed to eliminate or reduce the 
                environmental, public health, and safety risks 
                associated with aquatic nuisance species, 
                particularly the zebra mussel; and
                  [(B) a public facility management plan to the 
                Assistant Secretary for approval which is 
                limited solely to identifying those public 
                facilities within the State for which technical 
                and financial assistance is needed to reduce 
                infestations of zebra mussels.
          [(2) Content.--Each plan shall, to the extent 
        possible, identify the management practices and 
        measures that will be undertaken to reduce infestations 
        of aquatic nuisance species. Each plan shall--
                  [(A) identify and describe State and local 
                programs for environmentally sound prevention 
                and control of the target aquatic nuisance 
                species;
                  [(B) identify Federal activities that may be 
                needed for environmentally sound prevention and 
                control of aquatic nuisance species and a 
                description of the manner in which those 
                activities should be coordinated with State and 
                local government activities; and
                  [(C) a schedule of implementing the plan, 
                including a schedule of annual objectives.
          [(3) Consultation.--
                  [(A) In developing and implementing a 
                management plan, the State should, to the 
                maximum extent practicable, involve local 
                governments and regional entities, and public 
                and private organizations that have expertise 
                in the control of aquatic nuisance species.
                  [(B) Upon the request of a State, the Task 
                Force or the Assistant Secretary, as 
                appropriate under paragraph (1), may provide 
                technical assistance in developing and 
                implementing a management plan.
          [(4) Plan approval.--Within 90 days after the 
        submission of a management plan, the Task Force or the 
        Assistant Secretary in consultation with the Task 
        Force, as appropriate under paragraph (1), shall review 
        the proposed plan and approve it if it meets the 
        requirements of this subsection or return the plan to 
        the Governor with recommended modifications.
  [(b) Grant Program.--
          [(1) State grants.--The Director or the Assistant 
        Secretary, as appropriate under subsection (a), may, at 
        the recommendation of the Task Force, make grants to 
        States with approved management plans for the 
        implementation of those plans.
          [(2) Application.--An application for a grant under 
        this subsection shall include an identification and 
        description of the best management practices and 
        measures which the State proposes to utilize in 
        implementing an approved management plan with any 
        Federal assistance to be provided under the grant.
          [(3) Federal share.--
                  [(A) The Federal share of the cost of each 
                comprehensive management plan implemented with 
                Federal assistance under this section in any 
                fiscal year shall not exceed 75 percent of the 
                cost incurred by the State in implementing such 
                management program and the non-Federal share of 
                such costs shall be provided from non-Federal 
                sources.
                  [(B) The Federal share of the cost of each 
                public facility management plan implemented 
                with Federal assistance under this section in 
                any fiscal year shall not exceed 50 percent of 
                the cost incurred by the State in implementing 
                such management program and the non-Federal 
                share of such costs shall be provided from non-
                Federal sources.
          [(4) Adminisrative costs.--For the purposes of this 
        section, administrative costs for activities and 
        programs carried out with a grant in any fiscal year 
        shall not exceed 5 percent of the amount of the grant 
        in that year.
          [(5) In-kind contributions.--In addition to cash 
        outlays and payments, in-kind contributions of property 
        or personnel services by non-Federal interests for 
        activities under this section may be used for the non-
        Federal share of the cost of those activities.

[SEC. 1205. RELATIONSHIP TO OTHER LAWS.

  [All actions taken by Federal agencies in implementing the 
provisions of section 1202 shall be consistent with all 
applicable Federal, State, and local environmental laws. 
Nothing in this title shall affect the authority of any State 
or political subdivision thereof to adopt or enforce control 
measures for aquatic nuisance species, or diminish or affect 
the jurisdiction of any State over species of fish and 
wildlife. Compliance with the control and eradication measures 
of any State or political subdivision thereof regarding aquatic 
nuisance species shall not relieve any person of the obligation 
to comply with the provisions of this subtitle.

[SEC. 1206. INTERNATIONAL COOPERATION.

  [(a) Advice.--The Task Force shall provide timely advice to 
the Secretary of State concerning aquatic nuisance species that 
infest waters shared with other countries.
  [(b) Negotiations.--The Secretary of State, in consultation 
with the Task Force, is encouraged to initiate negotiations 
with the governments of foreign countries concerning the 
planning and implementation of prevention, monitoring, 
research, education, and control programs related to aquatic 
nuisance species infesting shared water resources.

[SEC. 1207. INTENTIONAL INTRODUCTIONS POLICY REVIEW.

  [Within one year of the date of enactment of this Act, the 
Task Force shall, in consultation with State fish and wildlife 
agencies, other regional, State and local entities, potentially 
affected industries and other interested parties, identify and 
evaluate approaches for reducing the risk of adverse 
consequences associated with intentional introduction of 
aquatic organisms and submit a report of their findings, 
conclusions and recommendations to the appropriate Committees.

[SEC. 1208. INJURIOUS SPECIES.

  [Section 42(a) of title 18, United States Code is amended by 
inserting ``of the zebra mussel of the species Dreissena 
polymorpha;'' after ``Pteropus;''.

[SEC. 1209. BROWN TREE SNAKE CONTROL PROGRAM.

  [The Task Force shall, within the program developed under 
subsection (a), undertake a comprehensive, environmentally 
sound program in coordination with regional, territorial, State 
and local entities to control the brown tree snake (Boiga 
irregularis) in Guam and other areas where the species is 
established outside of its historic range.

              [Subtitle D--Authorizations of Appropriation

[SEC. 1301. AUTHORIZATIONS.

  [(a) Prevention of Unintentional Introductions.--There are 
authorized to be appropriated to develop and implement the 
provisions of subtitle B--
          [(1) $500,000 until the end of fiscal year 1992 to 
        the Secretary to carry out sections 1101 and 
        1102(a)(3);
          [(2) $2,000,000 until the end of fiscal year 1992 to 
        the Director and Under Secretary to carry out the 
        studies under sections 1102(a)(1) and 1102(a)(2); and
          [(3) $1,000,000 for each of fiscal years 1993, 1994, 
        and 1995 to the Secretary for implementation and 
        enforcement of the regulations promulgated under 
        section 1101.
  [(b) Task Force and Aquatic Nuisance Species Program.--There 
are authorized to be appropriated for each of fiscal years 
1991, 1992, 1993, 1994, and 1995 to develop and implement the 
provisions of subtitle C--
          [(1) $7,000,000 to the Director to carry out sections 
        1202 and 1209;
          [(2) $5,000,000 to the Under Secretary to carry out 
        section 1202;
          [(3) $1,125,000 to fund aquatic nuisance species 
        prevention and control research under section 1202(i) 
        at the Great Lakes Environmental Research Laboratory of 
        the National Oceanic and Atmospheric Administration;
          [(4) $5,000,000 for competitive grants for university 
        research on aquatic nuisance species under section 
        1202(f)(3) as follows:
                  [(A) $3,375,000 to fund grants under the 
                National Sea Grant College Program Act (33 
                U.S.C. 1121 et seq.), and of this amount, 
                $2,500,000 to fund grants in the Great Lakes 
                region; and
                  [(B) $1,675,000 to fund grants through the 
                Cooperative Fisheries and Wildlife Research 
                Unit Program of the United States Fish and 
                Wildlife Service;
          [(5) $500,000 to fund Sea Grant Marine Advisory 
        Services education and technical assistance related to 
        infestations of zebra mussels under sections 1202 (g) 
        and (h);
          [(6) $200,000 to fund aquatic nuisance species 
        prevention and control activities of the Great Lakes 
        Commission; and
          [(7) $2,000,000 to the Assistant Secretary to carry 
        out section 1202(i)(2).
  [(c) Grants for State Management Programs.--There are 
authorized to be appropriated for each of fiscal years 1991, 
1992, 1993, 1994, and 1995 to make grants under section 1204--
          [(1) $2,500,000 to the Director; and
          [(2) $5,000,000 to the Assistant Secretary.
  [(d) Intentional Introductions Policy Review.--There are 
authorized to be appropriated for fiscal year 1991, $500,000 to 
the Director and the Under Secretary to conduct the intentional 
introduction policy review under section 1207.

            [Subtitle E--Cooperative Environmental Analyses

[SEC. 1401. ENVIRONMENTAL IMPACT ANALYSES.

  [The Secretary of State, in consultation with the Council on 
Environmental Quality, is encouraged to enter into negotiations 
with the governments of Canada and Mexico to provide for 
reciprocal cooperative environmental impact analysis of major 
Federal actions which have significant transboundary effects on 
the quality of the human environment in the United States, 
Canada, and Mexico.]
                              ----------                              


       SECTION 3 OF THE SEA GRANT PROGRAM IMPROVEMENT ACT OF 1976

[SEC. 3. SEA GRANT INTERNATIONAL PROGRAM.

  [(a) In General.--The Under Secretary of Commerce for Oceans 
and Atmosphere may enter into contracts and make grants under 
this section to--
          [(1) enhance cooperative international research and 
        educational activities on ocean, coastal and Great 
        Lakes resources;
          [(2) promote shared marine activities with 
        universities in countries with which the United States 
        has sustained mutual interest in ocean, coastal, and 
        Great Lakes resources;
          [(3) encourage technology transfer that enhances wise 
        use of ocean, coastal, and Great Lakes resources in 
        other countries and in the United States;
          [(4) promote the exchange among the United States and 
        foreign nations of information and data with respect to 
        the assessment, development, utilization, and 
        conservation of such resources;
          [(5) use the national sea grant college program as a 
        resource in other Federal civilian agency international 
        initiatives whose purposes are fundamentally related to 
        research, education, technology transfer and public 
        service programs concerning the understanding and wise 
        use of ocean, coastal, and Great Lakes resources; and
          [(6) enhance regional collaboration between foreign 
        nations and the United States with respect to marine 
        scientific research, including activities which improve 
        understanding of global oceanic and atmospheric 
        processes, undersea minerals resources within the 
        exclusive economic zone, and productivity and 
        enhancement of living marine resources in--
                  [(A) the Caribbean and Latin American 
                regions;
                  [(B) the Pacific Islands region;
                  [(C) the Arctic and Antartic regions;
                  [(D) the Atlantic and Pacific Oceans; and
                  [(E) the Great Lakes.
  [(b) Eligibility, Procedures, and Requirements.--Any sea 
grant college, sea grant program, or sea grant regional 
consortium, and any institution of higher education, 
laboratory, or institute (if the institution, laboratory, or 
institute is located within a State, as defined in section 
203(14) of the National Sea Grant College Program Act (33 
U.S.C. 1122(14)), may apply for and receive financial 
assistance under this section. The Under Secretary shall 
prescribe rules and regulations, in consultation with the 
Secretary of State, to carry out this section. Before approving 
an application for a grant or contract under this section, the 
Under Secretary shall consult with the Secretary of State. A 
grant made, or contract entered into, under this section is 
subject to section 205(d) (2) and (4) of the National Sea Grant 
College Program Act (33 U.S.C. 1124(d) (2) and (4)) and to any 
other requirements that the Under Secretary considers necessary 
and appropriate.]
                              ----------                              


         SECTION 305 OF THE COASTAL ZONE MANAGEMENT ACT OF 1972

                 [management program development grants

  [Sec. 305. (a) In fiscal years 1991, 1992, and 1993, the 
Secretary may make a grant annually to any coastal state 
without an approved program if the coastal state demonstrates 
to the satisfaction of the Secretary that the grant will be 
used to develop a management program consistent with the 
requirements set forth in section 306. The amount of any such 
grant shall not exceed $200,000 in any fiscal year, and shall 
require State matching funds according to a 4-to-1 ratio of 
Federal-to-State contributions. After an initial grant is made 
to a coastal state pursuant to this subsection, no subsequent 
grant shall be made to that coastal state pursuant to this 
subsection unless the Secretary finds that the coastal state is 
satisfactorily developing its management program. No coastal 
state is eligible to receive more than two grants pursuant to 
this subsection.
  [(b) Any coastal state which has completed the development of 
its management program shall submit such program to the 
Secretary for review and approval pursuant to section 306.]

                      NOAA FLEET MODERNIZATION ACT

                  [TITLE VI--NOAA FLEET MODERNIZATION

[SEC. 601. SHORT TITLE.

  [This title may be cited as the ``NOAA Fleet Modernization 
Act''.

[SEC. 602. DEFINITIONS.

  [In this title, the term--
          [(1) ``NOAA'' means the National Oceanic and 
        Atmospheric Administration within the Department of 
        Commerce.
          [(2) ``NOAA fleet'' means the fleet of research 
        vessels owned or operated by NOAA.
          [(3) ``Plan'' means the NOAA Fleet Replacement and 
        Modernization Plan described in section 604.
          [(4) ``Secretary'' means the Secretary of Commerce.
          [(5) ``UNOLS'' means University-National 
        Oceanographic Laboratory System.

[SEC. 603. FLEET REPLACEMENT AND MODERNIZATION PROGRAM.

  [The Secretary is authorized to implement, subject to the 
requirements of this Act, a 15-year program to replace and 
modernize the NOAA fleet.

[SEC. 604. FLEET REPLACEMENT AND MODERNIZATION PLAN.

  [(a) In General.--To carry out the program authorized in 
section 603, the Secretary shall develop and submit to Congress 
a replacement and modernization Plan for the NOAA fleet 
covering the years authorized under section 610.
  [(b) Timing.--The Plan required in subsection (a) shall be 
submitted to Congress within 30 days of the date of enactment 
of this Act, and updated on an annual basis.
  [(c) Plan Elements.--The Plan required in subsection (a) 
shall include the following--
          [(1) the number of vessels proposed to be modernized 
        or replaced, the schedule for their modernization or 
        replacement, and anticipated funding requirements;
          [(2) the number of vessels proposed to be 
        constructed, leased, or chartered;
          [(3) the number of vessels, or days at sea, that can 
        be obtained by using the vessels of the UNOLS;
          [(4) the number of vessels that will be made 
        available to NOAA by the Secretary of the Navy, or any 
        other federal official, and the terms and conditions 
        for their availability;
          [(5) the proposed acquisition of modern scientific 
        instrumentation for the NOAA fleet, including acoustic 
        systems, data transmission positioning and 
        communication systems, physical, chemical, and 
        meteorological oceanographic systems, and data 
        acquisition and processing systems; and
          [(6) the appropriate role of the NOAA Corps in 
        operating and maintaining the NOAA fleet.
  [(d) Contracting Limitation.--The Secretary may not enter 
into any contract for the construction, lease, or service life 
extension of a vessel of the NOAA fleet before the date of the 
submission to Congress of the Plan required in subsection (a).

[SEC. 605. DESIGN OF NOAA VESSELS.

  [(a) Design Requirement.--Except for the vessel designs 
identified under subsection (b), the Secretary, working through 
the Office of the NOAA Corps Operations and the Systems 
Procurement Office, shall--
          [(1) prepare requirements for each class of vessel to 
        be constructed or converted under the Plan; and
          [(2) contract competitively from nongovernmental 
        entities with expertise in shipbuilding for vessel 
        design and construction based on the requirements for 
        each class of vessel to be acquired.
  [(b) Exception.--The Secretary shall--
          [(1) report to Congress identifying any existing 
        vessel design or design proposal that meets the 
        requirements of the Plan within 30 days after the date 
        of enactment of this Act and shall promptly advise the 
        Congress of any modification of these designs; and
          [(2) submit to Congress as part of the annual update 
        of the Plan required in section 604, any subsequent 
        existing vessel design or design proposals that meet 
        the requirements of the Plan.

[SEC. 606. CONTRACT AUTHORITY.

  [(a) Multiyear Contracts.--
          [(1) In general.--Subject to paragraphs (2) and (3), 
        and notwithstanding section 1341 of title 31, United 
        States Code and section 3732 of the Revised Statutes of 
        the United States (41 U.S.C. 11), the Secretary may 
        acquire vessels for the NOAA fleet by purchase, lease, 
        lease-purchase, or otherwise, under one or more 
        multiyear contracts.
          [(2) Required findings.--The Secretary may not enter 
        into a contract pursuant to this subsection unless the 
        Secretary finds with respect to that contract that--
                  [(A) there is a reasonable expectation that 
                throughout the contemplated contract period the 
                Secretary will request from Congress funding 
                for the contract at the level required to avoid 
                contract termination; and
                  [(B) the use of the contract will promote the 
                best interests of the United States by 
                encouraging competition and promoting economic 
                efficiency in the operation of the NOAA fleet.
          [(3) Required contract provisions.--The Secretary may 
        not enter into a contract pursuant to this subsection 
        unless the contract includes--
                  [(A) a provision under which the obligation 
                of the United States to make 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--
                                  [(I) 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
                                  [(II) are unobligated on the 
                                date of the termination.
  [(b) Service Contracts.--Notwithstanding any other provision 
of law, the Secretary may enter into multiyear contracts for 
oceanographic research, fisheries research, and mapping and 
charting services to assist the Secretary in fulfilling NOAA 
missions. The Secretary may only enter into these contracts 
if--
          [(1) the Secretary finds that it is in the public 
        interest to do so;
          [(2) the contract is for not more than 7 years; and
          [(3)(A) the cost of the contract is less than the 
        cost (including the cost of operation, maintenance, and 
        personnel) to the NOAA of obtaining those services on 
        NOAA vessels; or
          [(B) NOAA vessels are not available or cannot provide 
        those services.
  [(c) Bonding Authority.--Notwithstanding any other law, the 
Secretary may not require a contractor for the construction, 
alteration, repair or maintenance of a NOAA vessel to provide a 
bid bond, payment bond, performance bond, completion bond, or 
other surety instrument in an amount greater than 20 percent of 
the value of the base contract quantity (excluding options) 
unless the Secretary determines that requiring an instrument in 
that amount will not prevent a responsible bidder or offeror 
from competing for the award of the contract.

[SEC. 607. RESTRICTION WITH RESPECT TO CERTAIN SHIPYARD SUBSIDIES.

  [(a) In General.--The Secretary of Commerce may not award a 
contract for the construction, repair (except emergency 
repairs), or alteration of any vessel of the National Oceanic 
and Atmospheric Administration in a shipyard, if that vessel 
benefits or would benefit from significant subsidies for the 
construction, repair, or alteration of vessels in that 
shipyard.
  [(b) Definition.--In this section, the term ``significant 
subsidy'' includes, but is not limited to, any of the 
following:
          [(1) Officially supported export credits.
          [(2) Direct official operating support to the 
        commercial shipbuilding and repair industry, or to a 
        related entity that favors the operation of 
        shipbuilding and repair, including but not limited to--
                  [(A) grants;
                  [(B) loans and loan guarantees other than 
                those available on the commercial market;
                  [(C) forgiveness of debt;
                  [(D) equity infusions on terms inconsistent 
                with commercially reasonable investment 
                practices; and
                  [(E) preferential provision of goods and 
                services.
          [(3) Direct official support for investment in the 
        commercial shipbuilding and repair industry, or to a 
        related entity that favors the operation of 
        shipbuilding and repair, including but not limited to 
        the kinds of support listed in paragraph (2) (A) 
        through (E), and any restructuring support, except 
        public support for social purposes directly and 
        effectively linked to shipyard closures.
          [(4) Assistance in the form of grants, preferential 
        loans, preferential tax treatment, or otherwise, that 
        benefits or is directly related to shipbuilding and 
        repair for purposes of research and development that is 
        not equally open to domestic and foreign enterprises.
          [(5) Tax policies and practices that favor the 
        shipbuilding and repair industry, directly or 
        indirectly, such as tax credits, deductions, 
        exemptions, and preferences, including accelerated 
        depreciation, if such benefits are not generally 
        available to persons or firms not engaged in 
        shipbuilding or repair.
          [(6) Any official regulation or practice that 
        authorizes or encourages persons or firms engaged in 
        shipbuilding or repair to enter into anticompetitive 
        arrangements.
          [(7) Any indirect support directly related, in law or 
        in fact, to shipbuilding and repair at national yards, 
        including any public assistance favoring shipowners 
        with an indirect effect on shipbuilding or repair 
        activities, and any assistance provided to suppliers of 
        significant inputs to shipbuilding, which results in 
        benefits to domestic shipbuilders.
          [(8) Any export subsidy identified in the 
        Illustrative List of Export Subsidies in the Annex to 
        the Agreement on Interpretation and Application of 
        Articles VI, XVI, and XXIII of the General Agreement on 
        Tariffs and Trade or any other export subsidy that may 
        be prohibited as a result of the Uruguay Round of trade 
        negotiations.

[SEC. 608. USE OF VESSELS.

  [(a) Vessel Agreements.--In implementing the NOAA fleet 
replacement and modernization program, the Secretary shall use 
excess capacity of UNOLS vessels where appropriate and may 
enter into memoranda of agreement with the operators of these 
vessels to carry out this requirement.
  [(b) Report to Congress.--Within one year after the date of 
enactment of this Act, the Comptroller General of the United 
States shall provide a report to Congress, in consultation with 
the Secretary, comparing the cost-efficiency, accounting, and 
operating practices of the vessels of NOAA, UNOLS, other 
Federal agencies, and the United States private sector in 
meeting the missions of NOAA.

[SEC. 609. INTEROPERABILITY.

  [The Secretary shall consult with the Oceanographer of the 
Navy regarding appropriate measures that should be taken, on a 
reimbursable basis, to ensure that NOAA vessels are 
interoperable with vessels of the Department of the Navy, 
including with respect to operation, maintenance, and repair of 
those vessels.

[SEC. 610. AUTHORIZATION OF APPROPRIATIONS.

  [(a) In General.--There are authorized to be appropriated to 
the Secretary for carrying out this title--
          [(1) $50,000,000 for fiscal year 1993;
          [(2) $100,000,000 for fiscal year 1994; and
          [(3) such sums as are necessary for each of the 
        fiscal years 1995, 1996, and 1997.
  [(b) Limitation on Fleet Modernization Activities.--All 
National Oceanic and Atmospheric Administration fleet 
modernization shipbuilding, and conversion shall be conducted 
in accordance with this title.]
                              ----------                              


                           PUBLIC LAW 85-342

   AN ACT To authorize the Secretary of the Interior to establish a 
      program for the purpose of carrying on certain research and 
  experimentation to develop methods for the commercial production of 
fish on flooded rice acreage in rotation with rice field crops, and for 
                             other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
Secretary of the Interior is authorized and directed to 
establish an experiment station or stations for the purpose of 
carrying on a program of research and experimentation--
          [(1) to determine species of fishes most suitable for 
        culture on a commercial base in shallow reservoirs and 
        flooded rice lands;
          [(2) to determine methods for production of 
        fingerling fishes for stocking in commercial 
        reservoirs;
          [(3) to develop methods for the control of parasites 
        and diseases of brood fishes and of fingerlings prior 
        to stocking:
          [(4) to develop economical methods for raising the 
        more desirable species of fishes to a marketable size;
          [(5) to determine, in cooperation with the Department 
        of Agriculture, the effects of fish-rice rotations, 
        including crops other than rice commonly grown on rice 
        farms, upon both the fish and other crops; and
          [(6) to develop suitable methods for harvesting the 
        fish crop and preparing it for marketing, including a 
        study of sport fishing as a means of such harvest.
    [Sec. 2. For the purpose of carrying out the provisions of 
this Act, the Secretary of the Interior is authorized (1) to 
acquire by purchase, condemnation, or otherwise such suitable 
lands, to construct such buildings, to acquire such equipment 
and apparatus, and to employ such officers and employees as he 
deems necessary; (2) to cooperate with State and other 
institutions and agencies upon such terms and conditions as he 
determines to be appropriate; and (3) to make public the 
results of such research and experiments conducted pursuant to 
the first section of this Act.
    [Sec. 3. The Department of Agriculture is authorized to 
cooperate in carrying out the provisions of this Act by 
furnishing such information and assistance as may be requested 
by the Secretary of the Interior.
    [Sec. 4. There are hereby authorized to be appropriated 
such sums as may be necessary to carry out the provisions of 
this Act.]
                              ----------                              


                         ACT OF AUGUST 8, 1956

  AN ACT To promote the fishing industry in the United States and its 
Territories by providing for the training of needed personnel for such 
                                industry

    [Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, That (a) 
the Secretary of the Interior is authorized to make grants, out 
of funds appropriated for the purposes of this section, to 
public and nonprofit private universities and colleges in the 
several States and Territories of the United States for such 
purposes as may be necessary to promote the education and 
training of professionally trained personnel (including 
scientists, technicians, and teachers) needed in the field of 
commercial fishing. Any amount appropriated for the purposes of 
this section shall be apportioned on an equitable basis, as 
determined by the Secretary of the Interior, among the several 
States and Territories for the purpose of making grants within 
each such State and Territory. In making such appointment the 
Secretary of the Interior shall take into account the extent of 
the fishing industry within each State and Territory as 
compared with the total fishing industry of the United States 
(including Territories), and such other factors as may be 
relevant in view of the purposes of this section.
    [(b) There are authorized to be appropriated not in excess 
of $550,000 for the fiscal year beginning on July 1, 1955, and 
for each fiscal year thereafter for the purposes of this 
section.
    [(c) The Secretary of the Interior may establish such 
regulations as may be necessary to carry out the provisions of 
this section.]
          * * * * * * *
                              ----------                              


                           PUBLIC LAW 86-359

   AN ACT Authorizing and directing the Secretary of the Interior to 
undertake continuing research on the biology fluctuations, status, and 
 statistics of the migratory marine species of game fish of the United 
                      States and contiguous waters

    [Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, That the 
Secretary of the Interior is hereby directed to undertake a 
comprehensive continuing study of the migratory marine fish of 
interest to recreational fishermen of the United States, 
including species inhabiting the offshore waters of the United 
States and species which migrate through or spend a part of 
their lives in the inshore waters of the United States. The 
study shall include, but not be limited to, research on 
migrations, identify of stocks, growth rates, mortality rates, 
variations in survival, environmental influences, both natural 
and artificial, including pollution, and effects of fishing on 
the species, for the purpose of developing wise conservation 
policies and constructive management activities.
    [Sec. 2. For the purpose of carrying out the provisions of 
this Act, the Secretary of the Interior is authorized (1) to 
acquire lands, construct laboratory or other buildings, 
purchase boats, acquire such other equipment and apparatus, and 
to employ such officers and employees as he deems necessary; 
(2) to cooperate or contract with State and other institutions 
and agencies upon such terms and conditions as he determines to 
be appropriate; and (3) to make public the results of such 
research conducted pursuant to the first section of this Act.
    [Sec. 3. There are hereby authorized to be appropriated 
such sums as may be necessary to carry out the provisions of 
this Act: Provided, That no more than $2,700,000 be 
appropriated for this purpose in any one fiscal year.]
                              ----------                              

    Chap. 253.--An Act to regulate the taking or catching of 
sponges in the waters of the Gulf of Mexico and the Straits of 
Florida outside of State jurisdiction; the landing, delivering, 
curing, selling, or possession of the same; providing means of 
enforcement of the same; and for other purposes.
    [Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, That on 
and after the approval of this act it shall be unlawful for any 
citizen of the United States, or person owing duty of obedience 
to the laws of the United States, or any boat or vessel of the 
United States, or person belonging to or on any such boat or 
vessel, to take or catch, by any means or method, in the waters 
of the Gulf of Mexico or the Straits of Florida outside of 
State territorial limits, any commercial sponges measuring when 
wet less than five inches in their maximum diameter, or for any 
person or vessel to land, deliver, cure, offer for sale, or 
have in possession at any port or place in the United States, 
or on any boat or vessel of the United States, any such 
commercial sponges.
    [Sec. 2. That the presence of sponges of a diameter of less 
than five inches on any vessel or boat of the United States 
engaged in sponging in the waters of the Gulf of Mexico or the 
Straits of Florida outside of State territorial limits, or the 
possession of any sponges of less than the said diameter sold 
or delivered by such vessels, shall be prima facie evidence of 
a violation of this Act.
    [Sec. 3. That every person, partnership, or association 
guilty of a violation of this Act shall be liable to a fine of 
not more than $500, and in addition such fine shall be a lien 
against the vessel or boat on which the offense is committed, 
and said vessel or boat shall be seized and proceeded against 
by process of libel in any court having jurisdiction of the 
offense.
    [Sec. 4. That any violation of this Act shall be prosecuted 
in the district court of the United States of the district 
wherein the offender is found or into which he is first 
brought.
    [Sec. 5. That it shall be the duty of the Secretary of 
Commerce to enforce the provisions of this Act, and he is 
authorized to empower such officers and employees of the 
Department of Commerce as he may designate, or such officers 
and employees of other departments as may be detailed for the 
purpose, to make arrests and seize vessels and sponges, and 
upon his request the Secretary of the Treasury may employ the 
vessels of the Revenue Cutter Service or the employees of the 
Customs Service to that end.
    [Sec. 6. That the Act approved June twentieth, nineteen 
hundred and six, entitled ``an Act to regulate the landing, 
delivery, cure, and sale of sponges'' and all other laws in 
conflict herewith be, and the same hereby are, repealed.]