[Senate Report 104-178]
[From the U.S. Government Publishing Office]



   104th Congress 1st            SENATE                 Report
         Session
                                                       104-178
_______________________________________________________________________



                                                       Calendar No. 251
 
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AUTHORIZATION ACT OF 1995

                               __________

                              R E P O R T

                                 of the

                    COMMITTEE ON COMMERCE, SCIENCE,
                           AND TRANSPORTATION

                                   on

                                S. 1142




               November 29, 1995.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred fourth congress
                             first session

  LARRY PRESSLER, South Dakota, 
             Chairman
ERNEST F. HOLLINGS, South Carolina   BOB PACKWOOD, Oregon
DANIEL K. INOUYE, Hawaii             TED STEVENS, Alaska
WENDELL H. FORD, Kentucky            JOHN McCAIN, Arizona
J. JAMES EXON, Nebraska              CONRAD BURNS, Montana
JOHN D. ROCKEFELLER IV, West VirginiaSLADE GORTON, Washington
JOHN F. KERRY, Massachusetts         TRENT LOTT, Mississippi
JOHN B. BREAUX, Louisiana            KAY BAILEY HUTCHISON, Texas
RICHARD H. BRYAN, Nevada             OLYMPIA SNOWE, Maine
BYRON L. DORGAN, North Dakota        JOHN ASHCROFT, Missouri
  Patric G. Link, Chief of Staff
Kevin G. Curtin, Democratic Chief 
    Counsel and Staff Director
                                                       Calendar No. 251
104th Congress                                                   Report
                                 SENATE

 1st Session                                                    104-178
_______________________________________________________________________


 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AUTHORIZATION ACT OF 
                                  1995
                                _______


               November 29, 1995.--Ordered to be printed

_______________________________________________________________________


      Mr. Pressler, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                        [To accompany S. [1142]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill  (S. 1142) ``A Bill to authorize 
appropriations for the National Oceanic and Atmospheric 
Administration, and for other purposes'', having considered the 
same, reports favorably thereon  with amendments and 
recommends that the bill as amended do pass.

                          Purpose of the Bill

  S. 1142 as reported would authorize appropriations of 
$1,800,490,000 for fiscal year (FY) 1996, $2,006,091,000 for FY 
1997, and $2,018,134,000 for FY 1998 for administrative support 
and certain oceanic and atmospheric programs of the National 
Oceanic and Atmospheric Administration (NOAA). The bill 
provides for authorization of: (1) weather, atmospheric, and 
satellite programs; (2) ocean and coastal programs; (3) marine 
fishery programs; and (4) administration and support. In 
addition to the general authorization of appropriations, the 
bill would: reauthorize appropriations for the National Sea 
Grant College Program Act and the Coastal Zone Management (CZM) 
Act; authorize appropriations for the National Undersea 
Research Program (NURP); and initiate cost-savings efforts such 
as reducing the size of the NOAA fleet and the NOAA Corps, 
consolidating fishery facilities, and transferring aeronautical 
charting functions to the Federal Aviation Administration 
(FAA). The authorizations provided in the bill are for NOAA 
activities in addition to those programs reauthorized under 
separate statute.

                          Background and Needs

  NOAA was created by the President's Reorganization Plan No. 4 
of 1970 (5 U.S.C. App.) to consolidate many of the nation's 
civilian coastal, oceanic, and atmospheric programs. NOAA's 
management structure consists of nine staff offices (program 
support) and five line offices. The line offices are: (1) the 
National Ocean Service (NOS); (2) the National Marine Fisheries 
Service (NMFS); (3) the Office of Oceanic and Atmospheric 
Research (OAR); (4) the National Weather Service (NWS); and (5) 
the National Environmental Satellite, Data, and Information 
Service (NESDIS).
  Agency Budget for Fiscal Year 1996.--The administration's 
budget proposal for NOAA's Operations, Research and Facilities 
account for FY 1996 is $2,018,135,000, an increase of 
$194,843,000 (+11 percent) over the $1,823,292,000 appropriated 
in FY 1995. The request includes $270,821,000 for OAR, 
$624,332,000 for NWS, $552,501,000 for NESDIS, $198,826,000 for 
NOS, $315,828,000 for NMFS, and $163,577,000 for Program 
Support.
  Oceanic and Atmospheric Research.--OAR supports a number of 
oceanic and atmospheric research activities, including 
monitoring and predicting long-term, interannual and seasonal 
climate change, efforts to understand and forecast severe 
weather events, and studies of coastal and marine processes. 
Atmospheric research conducted by OAR is used in support of the 
NWS. The National Sea Grant College Program, NURP, and the 
Climate and Global Change Program are funded within OAR.
  National Weather Service.--NWS's central mission is the 
collection of weather data and the use of that data to provide 
weather and flood warnings, public forecasts, and advisories 
for all of the United States, its territories, and adjacent 
ocean areas, primarily for the protection of life and property. 
A national network of about 275 facilities collects data, 
prepares state and local weather updates, and disseminates 
information to the public both directly and indirectly through 
the mass media. Over the past decade, NWS has been involved in 
planning and implementing a $2 billion effort to replace aging 
and outmoded weather systems and to restructure operations in 
order to produce better, more precise weather information at a 
much lower cost and with fewer personnel.
  The modernization has been implemented jointly with the Air 
Force and the Federal Aviation Administration (FAA), and 
provides for acquisition of the following new systems: (1) Next 
Generation Weather Radar (NEXRAD), an automated Doppler weather 
radar which will provide improved information on storm 
location, precipitation rates, wind speed, and wind shear; (2) 
Automated Surface Observing System (ASOS), a collection of 
ground instruments which take measurements once a minute, 24 
hours a day, to replace time-consuming manual observations of 
cloud cover, temperature, and other weather conditions; and (3) 
Advanced Weather Interactive Processing System (AWIPS), a 
computer workstation which will enable local forecasters to 
integrate, process, and transmit the information collected by 
the new observation systems. Also included in the modernization 
process is employee training and updating facilities.
  While ASOS and NEXRAD installations are well underway, the 
modernization still faces a number of technical problems. 
First, inadequate technical progress by the AWIPS contractor 
has forced NOAA to restructure the program, and the AWIPS field 
testing has been delayed. Second, the aviation community 
continues to question whether the ASOS system can safely 
replace human weather observers in providing aviation weather 
observations.
  In addition, the NWS plan calls for the phase-out and 
eventual closure of almost 200 offices, replacing the existing 
field structure with 118 new facilities (each with a NEXRAD 
unit). This plan has raised concerns the radars are sited too 
far apart to ensure adequate coverage in some regions and 
engendered strong resistance in other areas to losing local 
community coverage. In 1992, the Committee responded to such 
concerns with enactment of the Weather Service Modernization 
Act (P.L. 102-567). Under this law, the Secretary of Commerce 
(Secretary) cannot close, consolidate, automate, or relocate 
any weather office without certifying the action will not 
result in degradation of weather services provided to the 
affected area. The Committee recognizes the importance of 
maintaining the NWS modernization schedule as well as ensuring 
there is no degradation of service. As a result, the Committee 
anticipates NOAA will continue to address the technical 
problems that have emerged with regard to ASOS and AWIPS and 
keep the Committee informed on the progress in resolving these 
problems.
  National Environmental Satellite, Data, and Information 
Service.--The NESDIS mission is to procure, launch, and operate 
the Nation's civilian polar-orbiting and geostationary weather 
satellites and maintaining the data collected by these systems. 
The primary function of the systems operated by NESDIS is to 
support weather forecasting. The polar-orbiting satellite 
system obtains global environmental data, and the geostationary 
satellite system (GOES) provides continuous observations of the 
Earth's western hemisphere. The data is used for research and 
by the NWS to provide daily and hourly weather predictions and 
warnings. In addition, NESDIS is responsible for archiving and 
maintaining a national environmental data base through three 
centers: the National Climatic Data Center, the National 
Oceanographic Data Center, and the National Geophysical Data 
Center. Later in this decade, NESDIS will be responsible for 
the operation of the Landsat 7 spacecraft and NOAA 
participation with the Department of Defense (DoD) in a 
converged polar weather satellite program.
  National Ocean Service.--NOS manages ocean and coastal 
resources throughout the 200-mile exclusive economic zone to 
promote functional utilization of U.S. coastal areas. In 
addition, NOS provides ocean observations, produces nautical 
charts, and performs geodetic surveys. It is responsible for 
planning and conducting hydrographic surveys which provide the 
basic data for the production of over 1,000 nautical charts 
which are used for commercial shipping, cruise lines, defense, 
and public boating. To date, NOS is responsible for producing 
and updating approximately 16,800 aeronautical charts for use 
by civilian and military pilots in the National Airspace System 
as well as for use by FAA air traffic controllers.
  The administration budget proposes $127,604,000 in FY 1996 
for those portions of NOS that carry out mapping, charting and 
geodesy activities, as well as observation and assessment 
programs. This requested amount includes $18,541,000 to be 
directed to the Coastal Ocean Program (COP)--a program designed 
to apply NOAA's observational, research, assessment, and 
modeling capabilities to key coastal ocean problems and to 
deliver program results to decision makers. COP efforts are 
focused on predictions of fisheries productivity (including 
those in New England and the Pacific Northwest), flood and 
severe weather planning and warnings for the coastal zone, and 
coastal environmental quality.
  The CZM program, a voluntary state-federal partnership in 
which states match federal dollars for program implementation, 
is funded within NOS. The program provides a national framework 
for maintaining the nation's coastal and economic health while 
giving states the incentive to design state-specific programs 
that reflect their particular waterfront uses, coastal 
residents, properties, and economies. To date, 24 states and 
five U.S. territories have approved coastal zone management 
plans, and several other states have programs in the 
development stage.
  National Marine Fishery Service.--NMFS provides the 
scientific and technical expertise to manage U.S. living marine 
resources. NMFS is responsible for programs to protect marine 
mammals and endangered marine species as well as fishery 
conservation and management programs. The agency conducts 
fisheries research, collects fishery-related information, 
enforces Federal marine resource regulations, and carries out 
programs to ensure quality and safety of seafood.
  NMFS activities are authorized under several specific 
statutes such as the Magnuson Fishery Conservation and 
Management Act, the Marine Mammal Protection Act, the 
Anadromous Fish Conservation Act, and the Interjurisdictional 
Fisheries Act of 1986. In addition, NMFS has general authority 
under the Fish and Wildlife Act of 1956 for habitat 
conservation, hatchery operations, seafood safety and product 
quality control programs, and research on living marine 
resources, as well as responsibility for implementing several 
international fisheries agreements. The administration's FY 
1996 request includes $100,376,000 for these components of the 
NMFS budget in addition to the amounts requested for specific 
marine resource statutes.
  Program Support.--NOAA's program support and construction 
activities include agency-wide program administration and 
services; facilities construction, maintenance, and operation; 
marine services; and aircraft services. The administration FY 
1996 budget requests $219,676,000 for these activities.

                          Legislative History

  Since the beginning of the 104th Congress, both the full 
Committee and the Subcommittee on Science, Technology, and 
Space have held hearings on the NOAA programs authorized by 
this legislation. The FY 1996 NOAA authorization process 
provided the Committee with an opportunity to review current 
NOAA programs, and consequently, to determine what course the 
agency should follow in fulfilling its missions within tight 
budget constraints. On January 31, 1995, an oversight hearing 
was held by the Subcommittee on Science, Technology, and Space 
to review the science and technology programs of the Department 
of Commerce. On August 1, 1995, a full Committee hearing was 
held regarding the future of the Department of Commerce which 
included a review of various NOAA functions. In addition to 
emphasizing the need to maintain NOAA's integrity, these 
hearings focused on the priorities and the critical roles of 
NOAA's science and management activities.
  S. 1142 was introduced by Senator Pressler on August 9, 1995 
and was referred to the Committee on Commerce, Science, and 
Transportation. The bill is cosponsored by Senators Hollings, 
Stevens, Burns, and Breaux.
  On August 10, 1995, in open executive session, the Committee 
agreed by voice vote to include in the bill an amendment 
offered by Senators Snowe and Dorgan. The Snowe/Dorgan 
amendment requires the Secretary to evaluate the effect on 
users of closing or relocating NWS field offices in areas 
identified as areas of geographic concern in the June, 1995, 
report published by the National Research Council, and also to 
certify that an equivalent level of weather services will be 
provided to users prior to carrying out such closures or 
relocations. Without objection, the Committee then ordered the 
bill, as amended, to be reported.

                      Summary of Major Provisions

  Authorization Levels.--The following chart summarizes FY 1995 
available appropriations, the administration's budget request 
for FY 1996, and the FY 1996 authorization levels in the 
reported bill. The FY 1997 and FY 1998 levels reflect flat 
spending in real terms, using the assumption of three percent 
inflation. The figures presented below do not reflect NOAA 
programs and activities which are authorized under separate 
statutes such as the Magnuson Fishery Conservation and 
Management Act, the Marine Mammal Protection Act, the 
Interjurisdictional Fisheries Act of 1986, or the Anadromous 
Fish Conservation Act.

                               PROPOSED LEVELS FOR PROGRAMS AUTHORIZED IN THE BILL                              
                                            [In thousands of dollars]                                           
----------------------------------------------------------------------------------------------------------------
                                                                                  Fiscal year                   
                                                                 Fiscal year          1996       Proposed fiscal
                         Line office                                 1995        administration     year 1996   
                                                                 appropriated       request       authorization 
----------------------------------------------------------------------------------------------------------------
NOS..........................................................          186,218          198,826          181,108
NMFS.........................................................           99,928          102,123           99,928
OAR..........................................................          258,579          270,821          225,402
NWS..........................................................          658,698          624,332          608,542
NESDIS.......................................................          387,406          552,501          489,000
Program Support, and Construction............................          227,565          219,676          196,510
                                                              --------------------------------------------------
      Total..................................................        1,818,394        1,968,279        1,800,490
----------------------------------------------------------------------------------------------------------------

  The authorization levels in the bill are based on the 
administration's requested budget as well as on the priorities 
identified by the Committee. The authorization levels also 
reflect areas identified by the Committee in which reductions 
in spending can be achieved. Decreases in the bill are 
consistent with the Views and Estimates provided by the 
Committee to the Senate Budget Committee in April 1995.
  S. 1142 contains specific measures to achieve cost savings, 
including: personnel reductions within NOAA and the NOAA Corps, 
the downsizing of the NOAA fleet, and the consolidation of 
facilities. The Committee also has addressed the issue of 
regulatory streamlining in S. 1142 by requiring the elimination 
of duplicative and obsolete regulations and a reduction in 
Congressionally-mandated reporting requirements.
  Finally, the National Sea Grant College Program Act and the 
CZM Act are reauthorized for three years at funding levels 
consistent with current appropriations, and NURP is authorized 
at a base level of $12 million in FY 1996, with a three percent 
adjustment for inflation in the out-years. This FY 1996 
authorization level represents a reduction of $6 million from 
FY 1995 appropriations.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 25, 1995.
Hon. Larry Pressler,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1142, the National 
Oceanic and Atmospheric Administration Act of 1995.
    Enacting S. 1142 would affect direct spending. Therefore, 
pay-as-you-go procedures would apply to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

               congressional budget office cost estimate

    1. Bill number: S. 1142.
    2. Bill title: National Oceanic and Atmospheric 
Administration Act of 1995.
    3. Bill status: As ordered reported by the Senate Committee 
on Commerce, Science, and Transportation on August 10, 1995.
    4. Bill purpose: S. 1142 would authorize appropriations for 
the National Oceanic and Atmospheric Administration (NOAA) for 
fiscal years 1996 through 1998. In addition, the bill would 
permit NOAA to retain and spend without appropriation the fees 
it collects from foreign ground stations and from Landsat 7 
data sales as well as funds received from a possible judgment 
against the vessel that collided with the NOAA vessel 
Discoverer. The bill would require the Administrator of NOAA, 
by the end of fiscal year 1999, to reduce the number of full-
time equivalent positions by 2,318 from the fiscal year 1993 
base.
    The bill also would limit the amount of loan guarantees 
under the Fishing Vessel Obligation Guarantee Program (FVOG) to 
no more than $25 million annually. The bill also would prohibit 
NOAA from guaranteeing loans for the construction of any 
vessels that would increase the fish harvesting capacity within 
the United States exclusive economic zone for fiscal years 1996 
through 2001.
    5. Estimated cost to the Federal Government: CBO estimates 
that enacting S. 1142 would result in direct spending totaling 
about $17 million and new discretionary spending totaling about 
$5.7 billion over the 1996-2000 period, assuming appropriation 
of the authorized amounts. The estimated budgetary impact of 
the bill is summarized in the following table.

----------------------------------------------------------------------------------------------------------------
                                                        1995      1996      1997      1998      1999      2000  
----------------------------------------------------------------------------------------------------------------
                                    SPENDING SUBJECT TO APPROPRIATIONS ACTION                                   
                                                                                                                
Spending under current law:                                                                                     
    Authorization level \1\.........................     1,772        59        21        15        15         2
    Estimated outlays...............................     1,837       742       290       133        22         8
Proposed changes:                                                                                               
    Authorization level.............................  ........     1,792     2,014     2,026  ........  ........
    Estimated outlays...............................  ........     1,055     1,668     1,875       814       287
Spending under S. 1142:                                                                                         
    Authorization level \1\.........................     1,772     1,851     2,035     2,041        15         2
    Estimated outlays...............................     1,837     1,797     1,958     2,008       836       295
                                                                                                                
                                           CHANGES IN DIRECT SPENDING                                           
                                                                                                                
Estimated budget authority..........................  ........  ........  ........  ........         2        14
Estimated outlays...................................  ........     (\2\)     (\2\)  ........         2        14
----------------------------------------------------------------------------------------------------------------
\1\ The 1995 amount represents appropriations for the activities authorized in this bill.                       
\2\ Less than $500,000.                                                                                         

    The costs of this bill fall within budget functions 300 and 
370.
    6. Basis of estimate:

Spending subject to appropriations action

    Assuming appropriation of the authorized amounts, S. 1142 
would result in discretionary spending totaling about $6.9 
billion over the 1996-2000 period for programs of the National 
Weather Service, the Office of Oceanic and Atmospheric 
Research, the National Environmental Satellite, Data, and 
Information Service, the National Ocean Service, and the 
National Marine Fisheries Service that are within the 
jurisdiction of the committee. Of that total, approximately 
$5.7 billion in outlays would be attributed to amounts 
authorized by S. 1142, with the remainder coming from amounts 
already appropriated or authorized under current law. Outlays 
are estimated based on historical spending rates for these 
activities.
    Provisions in this bill would result in a significant 
reduction in the number of full-time civilian and corps 
personnel and in the size of the NOAA fleet over the 1996-1999 
period. While these provisions could result in a reduction in 
expenses for salaries, benefits, and the upkeep of vessels, CBO 
estimates that these cost reductions would be offset by an 
increased need for contractual employees and services. CBO also 
estimates that staff reductions could be achieved through 
normal attrition and that any nominal separation expenses could 
be paid for through existing or future appropriations. In sum, 
CBO estimates that the streamlining provisions contained in 
this bill would have no significant net budgetary impact.
    CBO estimates that provisions related to the Fishing Vessel 
Obligation Guarantee Program also would have no significant 
budgetary impact. The bill would not reduce or increase the 
guarantee fees, which, along with the default rates, determine 
the subsidy rate for the program. Hence, we estimate that the 
current subsidy rate of 1 percent would continue to apply so 
that the annual loan limitation of $25 million would limit new 
subsidies to $250,000 per year.

Direct spending

    S. 1142 would allow NOAA to retain and spend without 
appropriation the fees collected from foreign ground stations 
and from Landsat 7 data sales. Under current law, such fees are 
classified as offsetting receipts and cannot be spent without 
appropriation. S. 1142 would convert receipts that are expected 
to occur in 1999 and later years into offsetting collections 
and make them available to offset the costs of operating the 
Landsat system. The effect of this provision would be to 
increase direct spending by the amount of the receipts. CBO 
estimates these amounts at roughly $2 million in 1999 and $14 
million every year thereafter.
    The bill also would permit NOAA to retain up to $519,000 
from a judgment against the vessel that collided with the NOAA 
vessel Discoverer, and to spend the retained funds on marine 
services. Funds collected from judgments are usually 
categorized as revenues in the Federal budget. This provision 
would have the effect of converting revenues into offsetting 
collections and making them available for spending. Under 
Congressional scorekeeping rules, reclassifications of spending 
or revenues are not scored, so the only effect of this 
provision would be an increase in direct spending. CBO 
estimates that this increase would be equal to the amount of 
the judgment payment and that it would be spent over two or 
more years beginning in fiscal year 1996.
    7. Pay-as-you-go considerations: Section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts through 1998. CBO estimates that enacting 
S. 1142 would affect direct spending because it allows NOAA to 
retain and spend without appropriation the funds which NOAA is 
expected to receive from a judgment against the vessel that 
collided with the NOAA vessel Discoverer. CBO estimates that 
this provision would result in direct spending of about 
$500,000, spread over fiscal years 1996 and 1997. The bill also 
would allow NOAA to retain and spend without appropriation the 
fees it expects to receive from operation of the Landsat 7 
system. Fees will not be collected until 1999, however, and are 
therefore not subject to current pay-as-you-go provisions.

------------------------------------------------------------------------
                                            1996       1997       1998  
------------------------------------------------------------------------
Change in outlays......................          0          0          0
Change in receipts.....................    ( \1\ )    ( \1\ )  .........
------------------------------------------------------------------------
\1\ Not applicable.                                                     

    8. Estimated cost to State and local governments: The bill 
would ease the eligibility criteria for several of NOAA's grant 
programs for states, allowing them to receive federal grants 
for longer periods of time. It would also exempt from state and 
local taxation certain contractor activities related to the 
modernization of the National Weather Service (NWS), leading to 
a loss of tax revenues for some states.
    The bill would ease eligibility criteria for grants that 
states receive to develop and implement coastal zone management 
programs. In particular, the bill would allow states to receive 
grants while they are still developing programs to control 
nonpoint water pollution in coastal areas. Current law requires 
states to have such programs in place before receiving some 
grants. For fiscal year 1996, the House-passed appropriation 
bill would provide about $42 million for this program, while 
the Senate-passed bill includes $47 million.
    The bill would exempt from state and local taxation certain 
contractor activities related to the modernization of the NWS. 
CBO is uncertain about what types of taxes would be affected by 
the bill. One interpretation is that it would prevent states or 
localities from levying taxes on contractors based on the value 
of facilities that they are constructing or on the value of the 
contracts signed with NWS. According to NWS staff, during 
fiscal year 1995, three states submitted tax bills of this kind 
totaling $200,000 to contractors building Nexrad radar 
facilities for NWS. Several more states contacted NWS about 
assessing similar taxes in the future.
    Another interpretation of the tax provision is that it 
would also exempt contractors from paying other kinds of state 
and local taxes. For instance, the bill might also exempt 
contractors from paying state sales taxes. It might also 
partially exempt them from paying state corporate income taxes, 
since states use sales volume and property holdings to help 
determine the level of corporate income that is taxable. 
Therefore, the bill could reduce state tax revenues to a much 
greater extent than if the provision were more narrowly 
interpreted as described above.
    Without knowing which states, which contractors, and which 
taxes would be affected by the bill, it is impossible to 
estimate how much state revenue would be lost because of this 
provision. The construction activity associated with the NWS 
modernization includes the Nexrad radar system, the Automated 
Surface Observation System, and new weather forecast offices. 
The House has voted to appropriate $90 million and the Senate 
about $86 million for these purposes in fiscal year 1996.
    9. Estimate comparison: None.
    10. Previous CBO estimate: On September 27, 1995, CBO 
provided an estimate for 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. For that bill, CBO estimated new 
discretionary spending of about $810 million over the 1996-2000 
period for programs in the National Ocean Service and the 
National Marine Fisheries Service that are within the 
jurisdiction of the House Committee on Resources. We also 
estimated that H.R. 1815, as approved by the Resources 
Committee, would result in direct spending as it would allow 
NOAA to retain and spend without appropriation funds received 
from a possible judgment against the vessel that collided with 
the NOAA vessel Discoverer.
    On July 24, 1995, CBO provided an estimate for H.R. 1815, 
as ordered reported by the House Committee on Science on June 
18, 1995. That version of H.R. 1815 would authorize fiscal year 
1996 spending for programs in the National Weather Service, the 
Office of Oceanic and Atmospheric Research, the National 
Environmental Satellite, Data, and Information Service, and the 
National Ocean Service that are within the jurisdiction of the 
Science Committee. CBO estimated that enactment of the bill 
would result in new discretionary spending totaling about $1.3 
billion over the 1996-2000 period, assuming appropriation of 
the authorized amounts. The Science Committee's version of H.R. 
1815 also would result in direct spending by allowing NOAA to 
retain and spend without appropriation funds received from a 
possible judgment against the vessel that collided with the 
NOAA vessel Discoverer. Enacting the Science Committee version 
would also affect direct spending by terminating the National 
Undersea Research Program and prohibiting the use of 
appropriated funds for any costs related to that program, 
including termination expenses. Finally, another provision 
would establish a civil penalty for tampering with weather data 
buoys; but CBO estimated that the provision would result in an 
increase in revenues of less than $500,000 a year.
    11. Estimate prepared by: Federal Cost Estimate: Gary Brown 
and Rachel Forward. State and Local Estimate: Pepper 
Santalucia.
    12. Estimate approved by: Robert A. Sunshine for Paul N. 
Van de Water, Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation:
  Number of Persons Covered.--This legislation provides an 
authorization level of appropriations for FY 1996 though FY 
1998 to enable NOAA to continue key existing programs. S. 1142 
also calls for the NOAA Administrator to review all regulations 
that were issued by the Administrator before January 1, 1995. 
The purpose of this review is to identify and eliminate 
redundant and obsolete regulations, which should reduce the 
number of persons affected by NOAA regulations.
  Economic Impact.--The legislation authorizes appropriations 
of $1,800,490,000 for FY 1996; $2,006,091,000 for FY 1997; and 
$2,018,134,000 for FY 1998. Authorizations for FY 1996 are 11 
percent below the Administration request. These funding levels 
are not expected to have an inflationary impact on the economy.
  Privacy.--The Committee anticipates that S. 1142 will have no 
adverse impact on the personal privacy of any individual.
  Paperwork.--The bill would require both regulatory 
streamlining and a reduction in reporting requirements. To the 
extent this is consistent with NOAA's statutory obligations, 
the review of all regulations issued prior to January 1, 1995, 
and the elimination of any redundant and obsolete regulations 
are intended to reduce the volume of regulations by 45 percent. 
Similarly, the bill calls for a 50 percent reduction of 
Congressionally-mandated reporting requirements that should 
substantially reduce paperwork requirements for the agency.

                      Section-by-Section Analysis

Section 1. Short title

  This section cites the short title of the bill as the 
National Oceanic and Atmospheric Authorization Act of 1995.

Sec. 2. Table of contents

  This section provides a table of contents of the provisions 
in the legislation.

Sec. 3. Definitions

  This section defines three terms used throughout the bill: 
(1) the ``Act of 1890'', (2) the ``Act of 1947'', and (3) the 
``Administrator''.

            TITLE I--NOAA ATMOSPHERIC AND SATELLITE PROGRAMS

Sec. 101. National Weather Service operations and research.

  This section authorizes $477,207,000 for FY 1996, 
$491,523,000 for FY 1997, and $484,278,000 for FY 1998 for NWS 
operations and research activities. Activities supported by 
this authorization include meteorological, hydrological, and 
oceanographic public warnings and forecasts, as well as applied 
research in support of such warnings and forecasts.
  The funding levels in this section are for activities 
requested by the administration and for restoration of the 
proposed reduction for the regional climate centers. Of the 
amounts authorized under this section, $3,000,000 is provided 
to continue funding climate services and research being 
conducted at the existing regional climate centers.
  The Committee believes the dissemination of marine weather 
forecasts and warnings via marine radiofax is vital to the 
protection of life and property and central to the mission of 
the NWS. The Committee intends that funds authorized for NWS 
operations and research be used to pay for marine radiofax and 
encourages the NWS to continue this program.

Sec. 102. Public warning and forecast systems

  This section authorizes $131,335,000 for FY 1996, 
$222,500,000 for FY 1997, and $225,000,000 for FY 1998 to 
enable NOAA to improve its public warning and forecast systems 
and to allow for the development, acquisition, and 
implementation of major public warning and forecast 
technologies. These systems include: (1) NEXRAD; (2) ASOS; (3) 
AWIPS; and (4) advanced computer technology to allow 
development of improved computer weather forecast models. 
Included in this authorization level for FY 1996 are 
$53,335,000 for NEXRAD, $16,000,000 for ASOS, $50,000,000 for 
AWIPS, and $12,000,000 for computer facility upgrades.
  Subsection (b) would exempt from state and local taxation, 
activities (such as the purchase, transportation, receiving, 
and installation of property and materials) of the contractor 
when acting on behalf of NOAA pursuant to the modernization of 
NWS as authorized under P.L. 102-567. It is the Committee's 
understanding that as many as 20 States and localities have 
sought to impose a percentage tax or ``use tax'' on the 
installation and value of equipment being installed by the 
general contractor with NOAA on the NEXRAD project. The 
Department of Commerce estimates such taxes add between $2 
million and $7 million to the cost of the NEXRAD program. This 
subsection would allow the NWS to make maximum use of the funds 
available for weather service modernization.

Sec. 103. Climate and air quality research

  This section authorizes $113,252,000 for FY 1996, 
$115,918,000 for FY 1997, and $119,396,000 for FY 1998 for 
climate and air quality research activities, including studies 
of tropical ocean and global atmospheric interactions, trace 
gases which contribute to greenhouse warming, global climate 
change, interannual and seasonal climate variability, sea floor 
spreading, and high performance computing.
  Of the amounts authorized by this section, $78,752,000 is 
available for the continuation of NOAA's interannual and 
seasonal climate research activities, including $71,000,000 for 
NOAA's climate and global change activities. The Committee 
recognizes the critical role NOAA plays in the interagency U.S. 
Global Change Research Program and supports efforts to improve 
knowledge of the natural variability in the climate system on 
all time scales and to develop new climate prediction 
capabilities. One proposal for accomplishing this is the 
establishment of an International Research Institute for 
Seasonal and Interannual Climate Prediction which would 
implement a program of research aimed at extending current 
prediction skills.

Sec. 104. Atmospheric research

  This section authorizes $46,850,000 for each of FY 1996, FY 
1997, and FY 1998 for the atmospheric research programs of OAR, 
which include research to develop improved observation and 
prediction capabilities for atmospheric processes, as well as 
solar-terrestrial research and services. The Committee concurs 
with the President's FY 1996 budget proposal to eliminate 
NOAA's Southeastern Storm Research program. However, the 
authorizations provided by this section assume a funding level 
of $3,000,000 annually for weather modification grants.

Sec. 105. Satellite observing systems

  This section authorizes $449,000,000 for FY 1996, and 
$535,000,000 for each of FY 1997 and FY 1998, for NESDIS 
activities related to NOAA satellite observing systems. These 
activities include spacecraft procurement, launch operation, 
and associated ground station systems involving polar orbiting 
environmental satellites (POES), geostationary weather 
satellites (GOES), and land remote-sensing satellites 
(Landsat). The authorization provided by this section would 
continue funding for the ongoing procurement and launch of 
replacement satellites. Of the amounts authorized by this 
section, $5,000,000 would be available in each of FY 1996, FY 
1997, and FY 1998 for the ocean remote sensing program.

Sec. 106. Environmental data management systems

  This section authorizes $40,000,000 for each of FY 1996, FY 
1997, and FY 1998 for the environmental data and information 
services of NESDIS. These activities include climate, ocean, 
and geophysical data services, as well as environmental data 
and information management that is used by virtually all of 
NOAA's programs.

Sec. 107. Duties of the National Weather Service

  This section describes the four core responsibilities of the 
NWS pertaining to its duties to protect life and property and 
enhance the national economy. The section mandates that the NWS 
serve as the sole official source of weather warnings and be 
responsible for: (1) forecasts; (2) the issuance of storm 
warnings; (3) the collection, exchange, and distribution of 
meteorological, hydrological, climatic, and oceanographic data 
and information; and (4) the preparation of hydrometeorological 
guidance and core forecast information.

Sec. 108. Satellite procurement

  This section authorizes the Administrator to procure up to 
four additional GOES-NEXT (GOES I-M) satellites and support 
systems to ensure continuity of satellite observations. The 
Committee recognizes that, in general, the most cost effective 
means of procuring satellites is in an open competition. 
Therefore, the Committee anticipates that the Administrator 
will explore an effective competitive procurement on a fixed 
price basis of up to four additional GOES-NEXT spacecraft and 
the necessary supporting ground and launch services. If the 
Administrator determines no timely or cost-effective option 
exists for competitive procurement of spacecraft and 
instruments that could ensure continuity of satellite 
observations, the Administrator is authorized to certify that 
determination to the Congress and to enter into firm fixed 
price contracts and amendments or modifications of the current 
GOES I-M satellite contract in order to procure additional GOES 
clones without regard to provisions of law requiring a 
competitive procurement.

Sec. 109. Landsat

  This section provides authority for NOAA to carry out its 
responsibilities relating to Landsat. Subsection (a) would 
amend the Land Remote Sensing Act of 1992 to direct the Landsat 
Program Management Member to retain fees collected from foreign 
ground stations and for Landsat 7 data sales to offset the 
Landsat 7 system's operating costs.
  Subsection (b) would require the Administrator to develop a 
plan for the operation of the Landsat 7 spacecraft and for the 
processing, archiving, and distribution of its data. The plan 
would examine and provide a cost-benefit analysis of the 
potential for a ground station and a command and control 
facility, and the potential commercial interest in leasing and 
operating such facility.
    Subsection (c) would authorize $10,000,000 for each of FY 
1996, FY 1997, and FY 1998 for procurement and operation of the 
Landsat 7 ground segment and for operation of the Landsat 7 
spacecraft.

               TITLE II--NOAA OCEAN AND COASTAL PROGRAMS

Sec. 201. National Ocean Service

  This section authorizes $111,508,000 for FY 1996, 
$114,864,000 for FY 1997, and $118,298,000 for FY 1998 for the 
NOS programs other than CZM and marine sanctuaries. Subsection 
(a) authorizes $44,917,000 for FY 1996, $46,275,000 for FY 
1997, and $47,652,000 for FY 1998 for mapping, charting, and 
geodesy activities, including geodetic data collection and 
analysis. The amount authorized for these activities in FY 1996 
is $8,000,000 below the appropriation provided in FY 1995. This 
reduction in funding assumes enactment of section 501 
transferring functions performed by NOAA's Aeronautical 
Charting and Cartography Office to the FAA. Of the sums 
authorized by this subsection, $5,000,000 is to be used to 
reduce the backlog of critical survey needs in U.S. waters. In 
addition, this subsection would provide the Secretary with the 
authority to contract for hydrographic surveying and mapping 
services in accordance with title IX of the Federal Property 
and Administrative Services Act of 1949 (40 U.S.C. 541 et 
seq.). Given the public safety implications of hydrographic 
surveying and mapping, this authority will permit NOAA to seek 
best-qualified bidders rather than accepting the lowest-cost 
bid for a contract.
  Subsection (b) authorizes $66,591,000 for FY 1996, 
$68,589,000 for FY 1997, and $70,646,000 for FY 1998 for 
observation and assessment activities. Of the sums authorized 
by this subsection, $10,943,000 for FY 1996, $11,271,000 for FY 
1997, and $11,609,000 for FY 1998 are earmarked to carry out 
COP. The goal of this program is to improve predictions of: (1) 
fish stocks for better conservation and management of living 
marine resources; (2) coastal ocean pollution to help correct 
and prevent degradation; and (3) coastal hazards to protect 
human life and personal property.

Sec. 202. Ocean and Great Lakes research

  This section authorizes $9,506,000 for FY 1996, $9,791,000 
for FY 1997, and $10,085,000 for FY 1998 for ocean and Great 
Lakes research activities. These funds support two of NOAA's 
primary mission areas: (1) improving the prediction and 
assessment of ocean, coastal, and Great Lakes processes, 
phenomena, and resources; and (2) promoting the stewardship of 
these resources.

Sec. 203. Reauthorization of the National Sea Grant College Program Act

  This section authorizes $53,300,000 for FY 1996, $54,899,000 
for FY 1997, and $56,546,000 for FY 1998 for the National Sea 
Grant College Program. This funding supports the network of 29 
Sea Grant institutions engaged in research, education, and 
advisory/extension services. Subsection (b) authorizes not more 
than five percent of the annual appropriation for the 
administrative costs of the Sea Grant program. NOAA management 
has raised a concern that the use of administrative monies to 
fund Small Business Innovation Research (SBIR) Program 
contracts is increasingly restricting the portion of funds 
intended for administrative purposes.

Sec. 204. National Undersea Research Program

  This section, titled the National Undersea Research Program 
Act of 1995, would require the Administrator to establish and 
maintain NURP for the purpose of increasing scientific 
knowledge essential for the wise use and preservation of 
oceanic, coastal, and large lake resources.
  This section also would require: (1) the Administrator to 
designate a Director of NURP; (2) the research activities of 
the program to be conducted by regional National Undersea 
Research Centers; and (3) each regional center to receive not 
less than 13 percent of the annual federal appropriations for 
the program. Currently, NURP is comprised of six regional 
centers: the northeastern and Great Lakes center at the 
University of Connecticut; the southeastern and Gulf of Mexico 
center at the University of North Carolina in Wilmington; the 
Caribbean center in Covington, Virginia; the Pacific and polar 
regions center at the University of Alaska, Fairbanks; the 
Hawaii and other Pacific Islands center at the University of 
Hawaii in Manoa; and the Mid-Atlantic Bight center at Rutgers 
University.
  Section 204 authorizes NURP appropriations of $12,000,000 for 
FY 1996, $12,360,000 for FY 1997, and $12,731,000 for FY 1998. 
These authorizations reflect a reduction from the current level 
of funding. The Committee is aware the reduced authorization 
levels will result in a decrease in funding for some of the six 
existing regional research centers. In order to minimize the 
impact on current research projects, the Committee directs that 
the centers which receive the greatest decreases and that have 
undersea research projects that will not otherwise be completed 
be given priority in the allocation of NURP funds after each 
center has received the 13 percent minimum.
  Finally, this section would authorize up to $500,000 annually 
for program administration. This section additionally 
authorizes the Director to spend up to five percent of the 
authorized amount ($600,000 in FY 1996, if $12,000,000 is 
appropriated) to fund research activities identified by the 
Director. The Committee supports the continuation of undersea 
research currently funded by the NURP administrative office at 
the Woods Hole Institute in Massachusetts and intends that, 
within the amount authorized to fund research activities 
identified by the Director, full funding continue to be 
provided for operation of the submersible ALVIN.

Sec. 205. Reauthorization of the Coastal Zone Management Act

  This section reauthorizes the CZM Act of 1972 for three years 
and amends certain program requirements relating to development 
and enhancement grants. Subsection (a) amends the CZM Act to: 
(1) reauthorize grants to states not to exceed $200,000 for the 
purposes of developing state CZM programs in FY 1996, FY 1997, 
and FY 1998; (2) increase the number of total development 
grants a state is eligible to receive from two to four; (3) 
defer the deadline for states developing management programs to 
come into compliance with the published final guidelines for 
the Coastal Nonpoint Source Pollution Control program until 30 
months after approval of their management program; and (4) 
enable the Secretary to use monies from the CZM Fund for 
administrative expenses and other purposes defined in the 
statute. Because the four states currently developing their 
core CZM programs have expressed difficulty in simultaneously 
meeting the multiple requirements of both the CZM program and 
the Nonpoint Source Pollution Control Program, subsection 
(a)(3) would provide those states which are in the process of 
developing a CZM program the same timetable for complying with 
the requirements of the Nonpoint Source Pollution Control 
program as those states with approved CZM programs.
  Subsection (b) would extend to coastal states that are 
participating in the Enhancement Grants program the authority 
to use funds from those grants to develop program refinements 
and to begin actual implementation of program changes and 
program refinements for up to two years.
  Subsection (c) authorizes $5,000,000 for each of FY 1996, FY 
1997, and FY 1998 for implementing and developing section 6217 
of the Coastal Zone Act Reauthorization Amendments of 1990 (16 
U.S.C. 1455b).
  Subsection (d) authorizes: (1) $750,000 for each of FY 1996, 
FY 1997, and FY 1998 for grants to assist and guide states in 
the development of CZM programs; (2) $45,500,000 for FY 1996, 
$46,865,000 for FY 1997, $48,271,000 for FY 1998 for grants 
relating to program administration and enhancement; (3) 
$3,350,000 for FY 1996, $3,451,000 for FY 1997, $3,554,000 for 
FY 1998 for grants relating to the National Estuarine Research 
Reserve System; (4) no more than $10,000,000 for each of FY 
1996, FY 1997, and FY 1998 for technical assistance grants; and 
(5) such sums not to exceed the lesser of either $5,000,000 or 
eight percent of the total annual CZM Act appropriation for 
each of FY 1996, FY 1997, and FY 1998 for administrative 
expenses. Subsection (d) also would prohibit any funding for 
technical assistance grants from being used to augment funding 
for the other grants authorized by this section.

                TITLE III--NOAA MARINE FISHERY PROGRAMS

Sec. 301. Authorization of appropriations

  This section authorizes appropriations for a number of NOAA's 
marine fisheries programs. Subsection (a) authorizes 
$49,340,000 for FY 1996, $50,820,000 for FY 1997, and 
$52,345,000 for FY 1998 for fisheries information collection 
and analysis activities. Subsection (b) authorizes $28,183,000 
for FY 1996, $29,028,000 for FY 1997, and $29,899,000 for FY 
1998 for fisheries conservation and management operations. 
Subsection (c) authorizes $22,405,000 for FY 1996, $23,077,000 
for FY 1997, and $23,769,000 for FY 1998 for State and industry 
cooperative programs. These authorizations are primarily for 
responsibilities established under the Fish and Wildlife Act of 
1956 and laws implementing international fishery agreements. 
The authorizations in this section are in addition to 
authorizations in such other laws as the Magnuson Fishery 
Conservation and Management Act, the Marine Mammal Protection 
Act, the Endangered Species Act, the Anadromous Fish 
Conservation Act, and the Interjurisdictional Fisheries Act of 
1986.

Sec. 302. Fisheries research facilities

    Subsections (a) and (b) authorize the construction of new 
NOAA facilities at Fort Johnson, South Carolina and on Auke 
Cape near Juneau, Alaska. Subsection (a) requires that the 
annual cost of leasing the required land for the Fort Johnson 
facility not exceed one dollar. Subsection (b) requires that 
property for the Auke Cape facility be transferred to NOAA from 
the U.S. Coast Guard or the City of Juneau. The Committee 
recognizes the need for these two new facilities, but intends 
that the property and land on which they are built be made 
available to NOAA at a nominal cost.
    The facility at Fort Johnson is needed to support the 
development of innovative research programs that will provide 
fishery managers with the information necessary to rebuild and 
sustain fishery resources of the South Atlantic Bight and 
adjacent areas. The expanded facility will allow NOAA to build 
on an almost 20-year foundation of Federal, State, and 
university cooperation to address relationships affecting 
marine ecosystems and human health. The facility also will 
enhance NOAA's ability to conduct cost-effective, 
interdisciplinary research without requiring a major commitment 
of additional Federal personnel.
    The NOAA facility on Auke Cape is needed because NOAA 
currently does not have adequate facilities in Juneau. NOAA 
personnel in Juneau currently work in crowded offices at 
various locations, and the lack of adequate space and a 
centralized NOAA facility hinders the agency's ability to 
effectively carry out its responsibilities. These 
responsibilities include, among other things, management and 
research activities critical to North Pacific fisheries which 
account for over half of the nation's annual commercial 
harvest. The facility on Auke Cape will provide office and 
laboratory space for all NOAA personnel currently located in 
Juneau as well as for reasonable growth planned by NOAA in the 
number of personnel located in Juneau.
    Subsection (c) requires that the architectural and 
engineering work for the Fort Johnson and Auke Cape facilities 
be completed by May 1, 1996 using funds previously appropriated 
for such work.

Sec. 303. Fisheries loan guarantee reform

    This section amends title XI of the Merchant Marine Act, 
1936 (46 U.S.C. App. 1271-1279) to modify the conditions under 
which NOAA provides loan guarantees to the fishing industry 
through the Fishing Vessel Obligation Guarantee (FVOG) program.
    Subsections (a) and (b) include basic findings related to 
the FVOG program and explain the purposes of section 303.
    Subsection (c) amends section 1104A(b)(2) of the Merchant 
Marine Act, 1936, to allow obligations related to fishing 
vessels and fishery facilities to be placed through the Federal 
Financing Bank, unless such placement is not reasonably 
available or placement elsewhere is available at a lower annual 
yield. Fishery loan guarantees currently are the only type of 
federal guarantee not allowed to be placed through the Federal 
Financing Bank. Placement of FVOG loan guarantees through the 
Federal Financing Bank will allow for a reduction in the 
interest costs of the guarantees.
    Subsection (d) limits the level of loans that may be 
guaranteed by the FVOG program to $25,000,000 annually. In 
setting a cap, the Committee intends to allow for the necessary 
refinancing and construction of fishing vessels and fishery 
facilities without increasing U.S. harvesting capacity.
    Subsection (e) would allow FVOG fees to be adjusted so that 
fees paid by loan guarantee applicants are kept roughly the 
same as the current amounts being paid, even though savings 
have been achieved by placing obligations through the Federal 
Financing Bank.
    Subsection (f) would allow NOAA to use these savings to pay 
for the direct administrative costs of the FVOG program. 
Specifically, subsection (f) authorizes the Secretary to use up 
to $1 million annually of the money generated by the fees to 
pay for such administrative costs.
    Subsection (g) would prohibit the Federal government from 
guaranteeing any new loans until October 1, 2001 for the 
construction of new fishing vessels if the construction would 
increase the U.S. harvesting capacity within the U.S. exclusive 
economic zone.

              TITLE IV--PROGRAM ADMINISTRATION AND SUPPORT

Sec. 401. Program support

    This section authorizes $196,510,000 for FY 1996, 
$198,695,000 for FY 1997, and $200,946,000 for FY 1998 for 
program support and construction.
    Subsection (a) includes $72,847,000 for FY 1996, 
$75,032,000 for FY 1997, and $77,283,000 for FY 1998 for 
administration and services, including management activities, 
administrative support, the provision of retired pay to NOAA 
commissioned officers, and policy development.
    Subsection (b) authorizes $54,163,000 for each of FY 1996, 
FY 1997, and FY 1998 for the acquisition, construction, 
maintenance, and operation of NOAA facilities, including the 
construction authorized in section 302.
    Subsection (c) authorizes $60,000,000 for each of FY 1996, 
FY 1997, and FY 1998 for marine services activities, including 
ship operations, maintenance, and support.
    Subsection (d) authorizes $9,500,000 for each of FY 1996, 
FY 1997, and FY 1998 for aircraft service activities, including 
aircraft operations, maintenance, and support.

Sec. 402. Personnel reductions

    This section addresses efforts to downsize the NOAA 
workforce consistent with overall efforts to downsize the 
federal government. Subsection (a) would require the 
Administrator by the end of FY 1999 to cut at least 2,318 full 
time equivalent (FTE) positions from NOAA's FY 1993 base, a 16 
percent reduction in the overall NOAA FTE level. The Committee 
believes this reduction will not adversely affect the agency's 
ability to carry out its functions and responsibilities.
    Subsection (b) would authorize an end-of-year personnel 
strength for commissioned officers of 383 as of September 30, 
1996, 345 as of September 30, 1997, 311 as of September 30, 
1998, and 285 as of September 30, 1999. This strength level 
reflects a 25 percent reduction in force over the next four 
years. Subsection (b)(2)(A) is a conforming amendment changing 
existing law to reflect the reductions required, and subsection 
(b)(2)(B) increases the statutory limit on reductions in the 
number of NOAA officers that may be made annually from four 
percent to ten percent.
    Subsection (b)(3) would require the Secretary to implement 
a separation benefits program and an early retirement program 
for members of the NOAA Corps in order to achieve the 
reductions required by this section. These two programs will 
allow the Secretary to achieve the reductions in a manner that 
is both fair and equitable to NOAA Corps members, and cost 
efficient for the agency. Specifically, this subsection would 
make the special separation benefits program created for 
members of the armed forces applicable in the same manner and 
to the same extent to NOAA Corps members who have served with 
the Corps for six or more years. Section 1174a(b) of title 10, 
United States Code, establishes the formula for separation pay 
these NOAA Corps members would be eligible to receive if the 
Secretary approves their separation application. This 
subsection also would make the DoD early retirement program 
applicable in the same manner and to the same extent to NOAA 
Corps members who have served for at least 15 years, but less 
than 20 years. The formula for early retirement pay which these 
NOAA Corps members would be eligible to receive if the 
Secretary approves their retirement application is found in 
subsection (e) of the note which accompanies section 1293 of 
title 10, United States Code.
    Additional guidelines for the separation and retirement 
programs, including eligibility requirements, application 
guidelines, and termination dates for the two programs, are 
contained in section 1174a and the note accompanying section 
1293 of title 10, United States Code. The Committee intends 
that the Secretary have reasonable discretion and flexibility 
in applying the provisions of these sections of title 10. 
However, the Secretary should seek additional authority from 
Congress in order to continue the separation and retirement 
programs past September 30, 1999 and October 1, 1999, 
respectively. This section does not authorize DoD funds to be 
used for the NOAA Corps separation or early retirement 
programs, nor is this section intended to involve DoD in any 
way with NOAA Corps programs.

                 TITLE V--COST SAVINGS AND STREAMLINING

Sec. 501. Transfer of aeronautical charting

    This section would transfer NOAA's aeronautical charting 
responsibilities to FAA, effective October 1, 1995. Subsection 
(a) provides for the transfer to the FAA of the functions 
vested in the Secretary: (1) relating to aeronautical surveys 
and the compilation, printing, and distribution of aeronautical 
charts; (2) relating to the establishment of prices at which 
aeronautical charts and related products may be sold; and (3) 
that are incidental or necessary to these functions.
    Subsection (b) requires that personnel, property, records, 
and available funds connected to NOAA's aeronautical charting 
functions be transferred to the FAA. The Director of the Office 
of Management and Budget is charged with determining what 
incidentals should be transferred under this section and with 
determining other measures that may be necessary to effectuate 
the transfer of functions under this section.

Sec. 502. Regulatory streamlining

  This section directs the Administrator to review all 
regulations issued by NOAA prior to January 1, 1995 and to 
identify and eliminate redundant and obsolete regulations in 
order to achieve a 45 percent reduction in the volume of 
regulations to the extent that such reduction is not 
inconsistent with the statutory obligations of NOAA. This 
review is to be completed by December 31, 1997.

Sec. 503. Reduction in NOAA fleet

  NOAA fleet activities currently are authorized through FY 
1997. However, this section would require the Secretary to 
submit a revised fleet modernization plan to the appropriate 
Committees of the Senate and the House of Representatives by 
March 1, 1996. The revised plan would provide for: (1) a 50 
percent reduction in the current size of the NOAA fleet, 
including the elimination of six existing vessels by the end of 
FY 1998; (2) a 50 percent reduction in the construction cost 
estimates contained in the 1993 fleet modernization plan; (3) 
greater use of chartering and contracting out for activities 
currently conducted by the NOAA fleet; and (4) the sale of 
decommissioned vessels where feasible. It is the Committee's 
intent that high priority programs continue while the 
streamlining and downsizing of the NOAA fleet is accomplished. 
In order to maintain continuity of high priority programs such 
as mapping and charting and fisheries research, the Secretary 
is encouraged to pursue chartering and contracting out of 
services where available and cost effective.

Sec. 504. Reduction in reporting requirements

  This section directs the Administrator to review all 
Congressionally-mandated reporting requirements and to 
recommend legislation by March 31, 1996 to eliminate at least 
50 percent of the reporting requirements in effect on January 
1, 1995.

Sec. 505. Laboratory consolidation study

  This section requires the Secretary to develop a laboratory 
consolidation plan, including an implementation schedule, for 
NOAA facilities. The plan is required to consider the following 
factors: (1) the age and physical condition of the facility, 
including the costs of keeping the facility functioning; (2) 
the relationship of the research performed at the facility to 
NOAA's core missions; and (3) the proximity of similar non-
Federal research facilities that carry out similar research 
functions. The Secretary is required to provide the plan to the 
Congress by March 1, 1996.

Sec. 506. Conveyances

  This section authorizes the Secretary to convey the NMFS 
laboratory located in Gloucester, Massachusetts to the 
Commonwealth of Massachusetts for use by the Commonwealth's 
Division of Marine Fisheries resource management program. The 
Secretary is authorized to enter into a memorandum of 
understanding with the Commonwealth to allow NMFS to continue 
to occupy a portion of the laboratory for a period not to 
exceed five years. A reversionary clause is included.
  Subsection (b) authorizes conveyance to NOAA of Pier Quebec 
located on the Charleston Navy Base in South Carolina. The 
subsection amends a provision in the 1994 reauthorization of 
the Marine Mammal Protection Act which conveyed property 
adjacent to the pier to NOAA for the agency's Coastal 
Environmental Health Center. In conjunction with Center 
activities, NOAA recently stationed two research vessels, the 
FERREL and the RELENTLESS, in Charleston. However, in the event 
of a hurricane, these vessels are not large enough to go to sea 
and survive rough seas, and the current Center pier is not 
suitable for mooring vessels during such a severe weather 
event. Pier Quebec, which would be conveyed to NOAA without 
payment or other consideration, is larger and meets all of 
NOAA's operational requirements.

Sec. 507. Pribilof Islands

  This section authorizes the Secretary to clean up landfills, 
wastes, dumps, debris, storage tanks, property, hazardous or 
unsafe conditions, and contaminants-- including petroleum 
products and their derivatives-- in the course of fulfilling 
obligations under Federal and State law on the lands NOAA 
transferred to local entities on the Pribilof Islands, Alaska 
pursuant to the Fur Seal Act of 1966 and other applicable law. 
The intent of this provision is to ensure lands turned over to 
the residents of the Pribilofs are completely clean of 
contamination, waste, or debris left by NOAA.
  Subsection (b) requires that, in carrying out the cleanup 
activities, the Secretary shall: (1) execute agreements to the 
maximum extent practicable with the State of Alaska and local 
entities; (2) manage activities with minimal overhead, delay, 
and duplication of work; (3) receive approval from the State of 
Alaska for agreements with the State of Alaska or local 
entities for activities required by State law; and (4) receive 
approval from local entities and landowners before conducting 
cleanup activities on their property.
  Subsection (c) requires the Secretary to carry out the 
cleanup activities through agreements, such as contracts and 
grants, with local entities and residents to the maximum extent 
practicable, notwithstanding any other law that might prevent 
such agreements. Subsections (b) and (c) are intended to ensure 
full input from, and participation by, the State of Alaska and 
local residents and entities in the cleanup activities for 
which NOAA has responsibility, and to ensure local residents 
and entities do the clean up work to the maximum extent 
practicable through grants, contracts, or other agreements.

Sec. 508. Reimbursement of expenses

  This section requires amounts received by the United States 
in settlement of, or judgement for, damage claims arising from 
a past accident where a moored NOAA vessel was hit by another 
vessel to be deposited as offsetting collections in the NOAA 
Operations, Research, and Facilities account. Such funds may 
not exceed $518,757.09.

Sec. 509 Certain National Weather Service field stations

  This section amends section 706(e) of the Weather Service 
Modernization Act, adding a new paragraph to the provision 
identifying special circumstances the Secretary must address 
before closing or relocating certain NWS field offices. In June 
1995, the National Research Council released a report entitled 
``Assessment of NEXRAD Coverage and Associated Weather 
Services'' that identified 32 areas where proposed weather 
office closures raised substantial public concern. The change 
made by this section would require the Secretary to reevaluate 
the proposed closings in these identified ``areas of concern'' 
to ensure weather services to users are maintained at an 
equivalent level.
    The Committee points out the term ``weather services'' 
encompasses not only the actual services provided by NWS to 
local users, but also the quality and extensiveness of the 
weather information disseminated through these services. 
Weather services are only as good as the information 
disseminated through them, and the Committee expects that, in 
the course of a certification conducted in accordance with this 
section, NWS will make a determination that the quality and 
scope of the meteorological data, spotter reports, and other 
kinds of weather information now developed for the areas of 
concern will, at the least, not be diminished by a field office 
closure or relocation in these areas.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, 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 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                      TITLE 15, COMMERCE AND TRADE

                  CHAPTER 9--NATIONAL WEATHER SERVICE

Sec.  313. Duties of Secretary of Commerce

    The Chief of the Weather Bureau, under the direction of the 
Secretary of Agriculture, shall have charge of the forecasting 
of weather, the issue of storm warnings, the display of weather 
and flood signals for the benefit of agriculture, commerce, and 
navigation, the gauging and reporting of rivers, the 
maintenance and operation of seacoast telegraph lines and the 
collection and transmission of marine intelligence for the 
benefit of commerce and navigation, the reporting of 
temperature and rain-fall conditions for the cotton interests, 
the display of frost and cold-wave signals, the distribution of 
meteorological information in the interests of agriculture and 
commerce, and the taking of such meteorological observations as 
may be necessary to establish and record the climatic 
conditions of the United States, or as are essential for the 
proper execution of the foregoing duties.
                              ----------                              


         WEATHER SERVICE MODERNIZATION ACT (15 U.S.C. 313 NOTE)

SEC. 706. RESTRUCTURING FIELD OFFICES.

    (a) Prohibition.--The Secretary shall not close, before 
January 1, 1996, any field office pursuant to implementation of 
the Strategic Plan.
    (b) Certification.--The Secretary shall not close, 
consolidate, automate, or relocate any field office, unless the 
Secretary has certified that such action will not result in any 
degradation of service. Such certification shall include--
          (1) a description of local weather characteristics 
        and weather-related concerns which affect the weather 
        services provided within the service area;
          (2) a detailed comparison of the services provided 
        within the service area and the services to be provided 
        after such action;
          (3) a description of any recent or expected 
        modernization of National Weather Service operations 
        which will enhance services in the service area;
          (4) an identification of any area within any State 
        which would not receive coverage (at an elevation of 
        10,000 feet) by the next generation weather radar 
        network;
          (5) evidence, based upon operational demonstration of 
        modernized National Weather Service operations, which 
        was considered in reaching the conclusion that no 
        degradation in service will result from such action; 
        and
          (6) any report of the Committee submitted under 
        section 707(c) that evaluates the proposed 
        certification.
    (c) Public Review.--Each certification decision shall be 
preceded by--
          (1) publication in the Federal Register of a proposed 
        certification; and
          (2) a 60-day period after such publication during 
        which the public may provide comments to the Secretary 
        on the proposed certification.
    (d) Final Decision.--If after consideration of the public 
comment received under subsection (c) the Secretary, in 
consultation with the Committee, decides to close, consolidate, 
automate, or relocate any such field office, the Secretary 
shall publish a final certification in the Federal Register and 
submit the certification to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Science, 
Space, and Technology of the House of Representatives.
    (e) Special Circumstances.--The Secretary may not close or 
relocate any field office--
          (1) which is located at an airport, unless the 
        Secretary, in consultation with the Secretary of 
        Transportation and the Committee, first conducts an air 
        safety appraisal, determines that such action will not 
        result in degradation of service that affects aircraft 
        safety, and includes such determination in the 
        certification required under subsection (b); [or]
          (2) which is the only office in a State, unless the 
        Secretary first evaluates the effect on weather 
        services provided to in-State users, such as State 
        agencies, civil defense officials, and local public 
        safety offices, and includes in the certification 
        required under subsection (b) the Secretary's 
        determination that a comparable level of weather 
        services provided to such in-State users will [remain.] 
        remain; or
          (3) which is located in, or serves, an area 
        identified as an area of geographic concern in chapter 
        4 of the report entitled ``Assessment of NEXRAD 
        Coverage and Associated Weather Services'' published in 
        June, 1995, by the National Research Council, unless, 
        prior to closing or relocating the field office, the 
        Secretary--
                  (A) evaluates, as part of the certification 
                process, the effect of that closing or 
                relocation on all weather information and 
                services provided to users served by that field 
                office (including State agencies, civil defense 
                officials, local public safety officials, 
                farmers, and other local citizens serviced by 
                that field office); and
                  (B) includes in a certification made by the 
                Secretary under subsection (b) a determination 
                that, after the closing or relocation, an 
                equivalent level of weather services provided 
                to the users referred to in subparagraph (A) 
                before the closing or relocation will be 
                provided to those users.
  (f) Liaison Officer.--The Secretary may not close, 
consolidate, automate, or relocate a field office until 
arrangements have been made to maintain for a period of at 
least 2 years at least one person in the service area to act as 
a liaison officer who--
          (1) provides timely information regarding the 
        activities of the National Weather Service which may 
        affect service to the community, including 
        modernization and restructuring; and
          (2) works with area weather service users, including 
        persons associated with general aviation, civil 
        defense, emergency preparedness, and the news media, 
        with respect to the provision of timely weather 
        warnings and forecasts.

             CHAPTER 82--LAND REMOTE SENSING POLICY LANDSAT

Sec. 5611. Landsat program management

  (a) Establishment.--The Administrator and the Secretary of 
Defense shall be responsible for management of the Landsat 
program. Such responsibility shall be carried out by 
establishing an integrated program management structure for the 
Landsat system.
  (b) Management Plan.--The Administrator, the Secretary of 
Defense, and any other United States Government official the 
President designates as responsible for part of the Landsat 
program, shall establish, through a management plan, the roles, 
responsibilities, and funding expectations for the Landsat 
Program of the appropriate United States Government agencies. 
The management plan shall--
          (1) specify that the fundamental goal of the Landsat 
        Program Management is the continuity of unenhanced 
        Landsat data through the acquisition and operation of a 
        Landsat 7 satellite as quickly as practicable which is, 
        at a minimum, functionally equivalent to the Landsat 6 
        satellite, with the addition of a tracking and data 
        relay satellite communications capability;
          (2) include a baseline funding profile that--
                  (A) is mutually acceptable to the National 
                Aeronautics and Space Administration and the 
                Department of Defense for the period covering 
                the development and operation of Landsat 7; and
                  (B) provides for total funding responsibility 
                of the National Aeronautics and Space 
                Administration and the Department of Defense, 
                respectively, to be approximately equal to the 
                funding responsibility of the other as spread 
                across the development and operational life of 
                Landsat 7;
          (3) specify that any improvements over the Landsat 6 
        functional equivalent capability for Landsat 7 will be 
        funded by a specific sponsoring agency or agencies, in 
        a manner agreed to by the Landsat Program Management, 
        if the required funding exceeds the baseline funding 
        profile required by paragraph (2), and that additional 
        improvements will be sought only if the improvements 
        will not jeopardize data continuity; and
          (4) provide for a technology demonstration program 
        whose objective shall be the demonstration of advanced 
        land remote sensing technologies that may potentially 
        yield a system which is less expensive to build and 
        operate, and more responsive to data users, than is the 
        current Landsat system.
  (c) Responsibilities.--The Landsat Program Management shall 
be responsible for--
          (1) Landsat 7 procurement, launch, and operations;
          (2) ensuring that the operation of the Landsat system 
        is responsive to the broad interests of the civilian, 
        national security, commercial, and foreign users of the 
        Landsat system;
          (3) ensuring that all unenhanced Landsat data remain 
        unclassified and that, except as provided in section 
        506 (a) and (b) [15 U.S.C. 5656(a), (b)], no 
        restrictions are placed on the availability of 
        unenhanced data;
          (4) ensuring that land remote sensing data of high 
        priority locations will be acquired by the Landsat 7 
        system as required to meet the needs of the United 
        States Global Change Research Program, as established 
        in the Global Change Research Act of 1990 [15 U.S.C. 
        2921 et seq.], and to meet the needs of national 
        security users;
          (5) Landsat data responsibilities pursuant to this 
        Act;
          (6) oversight of Landsat contracts entered into under 
        sections 102 and 103 [15 U.S.C. 5612, 5613];
          (7) coordination of a technology demonstration 
        program, pursuant to section 303 [15 U.S.C. 5633]; and
          (8) ensuring that copies of data acquired by the 
        Landsat system are provided to the National Satellite 
        Land Remote Sensing Data Archive.
  (d) Authority to Retain Fees.--The Landsat Program Management 
Member responsible for operation of the Landsat 7 system is 
directed to retain the fees collected from foreign ground 
stations and for Landsat 7 data sales to offset the costs of 
operating the Landsat 7 system.
  [(d)] (e) Authority To Contract.--The Landsat Program 
Management may, subject to appropriations and only under the 
existing contract authority of the United States Government 
agencies that compose the Landsat Program Management, enter 
into contracts with the private sector for services such as, 
but not limited to, satellite operations and data 
preprocessing.
  [(e)] (f) Landsat Advisory Process.--
          (1) Establishment.--The Landsat Program Management 
        shall seek impartial advice and comments regarding the 
        status, effectiveness, and operation of the Landsat 
        system, using existing advisory committees and other 
        appropriate mechanisms. Such advice shall be sought 
        from individuals who represent--
                  (A) a broad range of perspectives on basic 
                and applied science and operational needs with 
                respect to land remote sensing data;
                  (B) the full spectrum of users of Landsat 
                data, including representatives from United 
                States Government agencies, State and local 
                government agencies, academic institutions, 
                nonprofit organizations, value-added companies, 
                the agricultural, mineral extraction, and other 
                user industries, and the public, and
                  (C) a broad diversity of age groups, sexes, 
                and races.
          (2) Reports.--Within 1 year after the date of the 
        enactment of this Act and biennially thereafter, the 
        Landsat Program Management shall prepare and submit a 
        report to the Congress which--
                  (A) reports the public comments received 
                pursuant to paragraph (1); and
                  (B) includes--
                          (i) a response to the public comments 
                        received pursuant to paragraph (1);
                          (ii) information on the volume of 
                        use, by category, of data from the 
                        Landsat system; and
                          (iii) any recommendations for policy 
                        or programmatic changes to improve the 
                        utility and operation of the Landsat 
                        system.
                              ----------                              


                         TITLE 16, CONSERVATION

                  CHAPTER 33--COASTAL ZONE MANAGEMENT

Sec. 1454. Management program development grants

  (a) In fiscal years [1991, 1992, and 1993] 1996, 1997, and 
1998, 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 [16 U.S.C. 
1455]. 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.] A coastal 
State is eligible to receive a total of four grants, beginning 
in fiscal year 1991, pursuant to this subsection: Provided, 
That the Secretary finds the State is making substantial 
progress in developing its management program.
  (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 [16 
U.S.C. 1455].

Sec. 1455. Administrative grants

  (a) The Secretary may make grants to any coastal State for 
the purpose of administering that State's management program, 
if the State matches any such grant according to the following 
ratios of Federal-to-State contributions for the applicable 
fiscal year:
          (1) For those States for which programs were approved 
        prior to enactment of the Coastal Zone Act 
        Reauthorization Amendments of 1990, 1 to 1 for any 
        fiscal year.
          (2) For programs approved after enactment of the 
        Coastal Zone Act Reauthorization Amendments of 1990, 4 
        to 1 for the first fiscal year, 2.3 to 1 for the second 
        fiscal year, 1.5 to 1 for the third fiscal year, and 1 
        to 1 for each fiscal year thereafter.
  (b) The Secretary may make a grant to a coastal State under 
subsection (a) only if the Secretary finds that the management 
program of the coastal State meets all applicable requirements 
of this title and has been approved in accordance with 
subsection (d).
  (c) Grants under this section shall be allocated to coastal 
States with approved programs based on rules and regulations 
promulgated by the Secretary which shall take into account the 
extent and nature of the shoreline and area covered by the 
program, population of the area, and other relevant factors. 
The Secretary shall establish, after consulting with the 
coastal States, maximum and minimum grants for any fiscal year 
to promote equity between coastal States and effective coastal 
management.
  (d) Before approving a management program submitted by a 
coastal State, the Secretary shall find the following:
          (1) The State has developed and adopted a management 
        program for its coastal zone in accordance with rules 
        and regulations promulgated by the Secretary, after 
        notice, and with the opportunity of full participation 
        by relevant Federal agencies, State agencies, local 
        governments, regional organizations, port authorities, 
        and other interested parties and individuals, public 
        and private, which is adequate to carry out the 
        purposes of this title and is consistent with the 
        policy declared in section 303 [16 U.S.C. 1452].
          (2) The management program includes each of the 
        following required program elements:
                  (A) An identification of the boundaries of 
                the coastal zone subject to the management 
                program.
                  (B) A definition of what shall constitute 
                permissible land uses and water uses within the 
                coastal zone which have a direct and 
                significant impact on the coastal waters.
                  (C) An inventory and designation of areas of 
                particular concern within the coastal zone.
                  (D) An identification of the means by which 
                the State proposes to exert control over the 
                land uses and water uses referred to in 
                subparagraph (B), including a list of relevant 
                State constitutional provisions, laws, 
                regulations, and judicial decisions.
                  (E) Broad guidelines on priorities of uses in 
                particular areas, including specifically those 
                uses of lowest priority.
                  (F) A description of the organizational 
                structure proposed to implement such management 
                program, including the responsibilities and 
                interrelationships of local, areawide, State, 
                regional, and interState agencies in the 
                management process.
                  (G) A definition of the term ``beach'' and a 
                planning process for the protection of, and 
                access to, public beaches and other public 
                coastal areas of environmental, recreational, 
                historical, esthetic, ecological, or cultural 
                value.
                  (H) A planning process for energy facilities 
                likely to be located in, or which may 
                significantly affect, the coastal zone, 
                including a process for anticipating the 
                management of the impacts resulting from such 
                facilities.
                  (I) A planning process for assessing the 
                effects of, and studying and evaluating ways to 
                control, or lessen the impact of, shoreline 
                erosion, and to restore areas adversely 
                affected by such erosion.
          (3) The State has--
                  (A) coordinated its program with local, 
                areawide, and interState plans applicable to 
                areas within the coastal zone--
                          (i) existing on January 1 of the year 
                        in which the State's management program 
                        is submitted to the Secretary; and
                          (ii) which have been developed by a 
                        local government, an areawide agency, a 
                        regional agency, or an interState 
                        agency; and
                  (B) established an effective mechanism for 
                continuing consultation and coordination 
                between the management agency designated 
                pursuant to paragraph (6) and with local 
                governments, interState agencies, regional 
                agencies, and areawide agencies within the 
                coastal zone to assure the full participation 
                of those local governments and agencies in 
                carrying out the purposes of this title; except 
                that the Secretary shall not find any mechanism 
                to be effective for purposes of this 
                subparagraph unless it requires that--
                          (i) the management agency, before 
                        implementing any management program 
                        decision which would conflict with any 
                        local zoning ordinance, decision, or 
                        other action, shall send a notice of 
                        the management program decision to any 
                        local government whose zoning authority 
                        is affected;
                          (ii) within the 30-day period 
                        commencing on the date of receipt of 
                        that notice, the local government may 
                        submit to the management agency written 
                        comments on the management program 
                        decision, and any recommendation for 
                        alternatives; and
                          (iii) the management agency, if any 
                        comments are submitted to it within the 
                        30-day period by any local government--
                                  (I) shall consider the 
                                comments;
                                  (II) may, in its discretion, 
                                hold a public hearing on the 
                                comments; and
                                  (III) may not take any action 
                                within the 30-day period to 
                                implement the management 
                                program decision.
          (4) The State has held public hearings in the 
        development of the management program.
          (5) The management program and any changes thereto 
        have been reviewed and approved by the Governor of the 
        State.
          (6) The Governor of the State has designated a single 
        State agency to receive and administer grants for 
        implementing the management program.
          (7) The State is organized to implement the 
        management program.
          (8) The management program provides for adequate 
        consideration of the national interest involved in 
        planning for, and managing the coastal zone, including 
        the siting of facilities such as energy facilities 
        which are of greater than local significance. In the 
        case of energy facilities, the Secretary shall find 
        that the State has given consideration to any 
        applicable national or interState energy plan or 
        program.
          (9) The management program includes procedures 
        whereby specific areas may be designated for the 
        purpose of preserving or restoring them for their 
        conservation, recreational ecological, historical, or 
        esthetic values.
          (10) The State, acting through its chosen agency or 
        agencies (including local governments, areawide 
        agencies, regional agencies, or interState agencies) 
        has authority for the management of the coastal zone in 
        accordance with the management program. Such authority 
        shall include power--
                  (A) to administer land use and water use 
                regulations to control development to ensure 
                compliance with the management program, and to 
                resolve conflicts among competing uses; and
                  (B) to acquire fee simple and less than fee 
                simple interests in land, waters, and other 
                property through condemnation or other means 
                when necessary to achieve conformance with the 
                management program.
          (11) The management program provides for any one or a 
        combination of the following general techniques for 
        control of land uses and water uses within the coastal 
        zone:
                  (A) State establishment of criteria and 
                standards for local implementation, subject to 
                administrative review and enforcement.
                  (B) Direct State land and water use planning 
                and regulation.
                  (C) State administrative review for 
                consistency with the management program of all 
                development plans, projects, or land and water 
                use regulations, including exceptions and 
                variances thereto, proposed by any State or 
                local authority or private developer, with 
                power to approve or disapprove after public 
                notice and an opportunity for hearings.
          (12) The management program contains a method of 
        assuring that local land use and water use regulations 
        within the coastal zone do not unreasonably restrict or 
        exclude land uses and water uses of regional benefit.
          (13) The management program provides for--
                  (A) the inventory and designation of areas 
                that contain one or more coastal resources of 
                national significance; and
                  (B) specific and enforceable standards to 
                protect such resources.
          (14) The management program provides for public 
        participation in permitting processes, consistency 
        determinations, and other similar decisions.
          (15) The management program provides a mechanism to 
        ensure that all State agencies will adhere to the 
        program.
          (16) The management program contains enforceable 
        policies and mechanisms to implement the applicable 
        requirements of the Coastal Nonpoint Pollution Control 
        Program of the State required by section 6217 of the 
        Coastal Zone Act Reauthorization Amendments of [1990 
        [16 U.S.C. 1455b].] 1990, in accordance with the 
        deadlines established by section 6206(b) of that Act.
  (e) A coastal State may amend or modify a management program 
which it has submitted and which has been approved by the 
Secretary under this section, subject to the following 
conditions:
          (1) The State shall promptly notify the Secretary of 
        any proposed amendment, modification, or other program 
        change and submit it for the Secretary's approval. The 
        Secretary may suspend all or part of any grant made 
        under this section pending State submission of the 
        proposed amendments, modification, or other program 
        change.
          (2) Within 30 days after the date the Secretary 
        receives any proposed amendment, the Secretary shall 
        notify the State whether the Secretary approves or 
        disapproves the amendment, or whether the Secretary 
        finds it is necessary to extend the review of the 
        proposed amendment for a period not to exceed 120 days 
        after the date the Secretary received the proposed 
        amendment. The Secretary may extend this period only as 
        necessary to meet the requirements of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.). If the Secretary does not notify the coastal 
        State that the Secretary approves or disapproves the 
        amendment within that period, then the amendment shall 
        be conclusively presumed as approved.
          (3) (A) Except as provided in subparagraph (B), a 
        coastal State may not implement any amendment, 
        modification, or other change as part of its approved 
        management program unless the amendment, modification, 
        or other change is approved by the Secretary under this 
        subsection.
          (B) The Secretary, after determining on a preliminary 
        basis, that an amendment, modification, or other change 
        which has been submitted for approval under this 
        subsection is likely to meet the program approval 
        standards in this section, may permit the State to 
        expend funds awarded under this section to begin 
        implementing the proposed amendment, modification, or 
        change. This preliminary approval shall not extend for 
        more than 6 months and may not be renewed. A proposed 
        amendment, modification, or change which has been given 
        preliminary approval and is not finally approved under 
        this paragraph shall not be considered an enforceable 
        policy for purposes of section 307 [16 U.S.C. 1456].
                              ----------                              


 COASTAL ZONE REAUTHORIZATION AMENDMENTS OF 1990 (16 U.S.C. 1455 NOTE)

SEC. 6206. ADMINISTRATIVE GRANTS.

          * * * * * * *
  [(b) Additional Program Requirements.--Each State which 
submits a management program for approval under section 306 of 
the Coastal Zone Management Act of 1972, as amended by this 
subtitle (including a State which submitted a program before 
the date of enactment of this Act), shall demonstrate to the 
Secretary--
          [(1) that the program complies with section 
        306(d)(14) and (15) of that Act [subsec. (d)(14), (15) 
        of this section], by not later than 3 years after the 
        date of the enactment of this Act; and
          [(2) that the program complies with section 
        306(d)(16) of that Act [subsec. (d)(16) of this 
        section], by not later than 30 months after the date of 
        publication of final guidance under section 6217(g) of 
        this Act [16 U.S.C. 1455b(g)].]
  (b) Additional Program Requirements._
          (1) Each State which submitted on or before November 
        5, 1990, a management program for approval under 
        section 306 of the Coastal Zone Management Act of 1972 
        shall demonstrate to the Secretary that the program 
        complies with section 306(d)(16) of that Act not later 
        than 30 months after the date of publication of final 
        guidance under section 6217(g) of this Act.
          (2) Each State which submits after November 5, 1990, 
        a management program for approval under section 306 of 
        the Coastal Zone Management Act of 1972 shall 
        demonstrate to the Secretary that the program complies 
        with section 306(d)(16) of that Act by not later than 
        30 months after the date of approval of the management 
        program.

Sec. 1455b. Protecting coastal waters

  (a) In General.--
          (1) Program development.--Not later than 30 months 
        after the date of the publication of final guidance 
        under subsection (g), each State for which a management 
        program has been approved pursuant to section 306 of 
        the Coastal Zone Management Act of 1972 [16 U.S.C. 
        1455] shall prepare and submit to the Secretary and the 
        Administrator a Coastal Nonpoint Pollution Control 
        Program for approval pursuant to this section. The 
        purpose of the program shall be to develop and 
        implement management measures for nonpoint source 
        pollution to restore and protect coastal waters, 
        working in close conjunction with other State and local 
        authorities.
          (2) Program coordination.--A State program under this 
        section shall be coordinated closely with State and 
        local water quality plans and programs developed 
        pursuant to sections 208, 303, 319, and 320 of the 
        Federal Water Pollution Control Act (33 U.S.C. 1288, 
        1313, 1329, and 1330) and with State plans developed 
        pursuant to the Coastal Zone Management Act of 1972 [16 
        U.S.C. 1651 et seq.], as amended by this Act. The 
        program shall serve as an update and expansion of the 
        State nonpoint source management program developed 
        under section 319 of the Federal Water Pollution 
        Control Act [33 U.S.C. 1329], as the program under that 
        section relates to land and water uses affecting 
        coastal waters.
  (b) Program Contents.--Each State program under this section 
shall provide for the implementation, at a minimum, of 
management measures in conformity with the guidance published 
under subsection (g), to protect coastal waters generally, and 
shall also contain the following:
          (1) Identifying land uses.--The identification of, 
        and a continuing process for identifying, land uses 
        which, individually or cumulatively, may cause or 
        contribute significantly to a degradation of--
                  (A) those coastal waters where there is a 
                failure to attain or maintain applicable water 
                quality standards or protect designated uses, 
                as determined by the State pursuant to its 
                water quality planning processes; or
                  (B) those coastal waters that are threatened 
                by reasonably foreseeable increases in 
                pollution loadings from new or expanding 
                sources.
          (2) Identifying critical coastal areas.--The 
        identification of, and a continuing process for 
        identifying, critical coastal areas adjacent to coastal 
        waters referred to in paragraph (1)(A) and (B), within 
        which any new land uses or substantial expansion of 
        existing land uses shall be subject to management 
        measures in addition to those provided for in 
        subsection (g).
          (3) Management measures.--The implementation and 
        continuing revision from time to time of additional 
        management measures applicable to the land uses and 
        areas identified pursuant to paragraphs (1) and (2) 
        that are necessary to achieve and maintain applicable 
        water quality standards under section 303 of the 
        Federal Water Pollution Control Act (33 U.S.C. 1313) 
        and protect designated uses.
          (4) Technical assistance.--The provision of technical 
        and other assistance to local governments and the 
        public for implementing the measures referred to in 
        paragraph (3), which may include assistance in 
        developing ordinances and regulations, technical 
        guidance, and modeling to predict and assess the 
        effectiveness of such measures, training, financial 
        incentives, demonstration projects, and other 
        innovations to protect coastal water quality and 
        designated uses.
          (5) Public participation.--Opportunities for public 
        participation in all aspects of the program, including 
        the use of public notices and opportunities for 
        comment, nomination procedures, public hearings, 
        technical and financial assistance, public education, 
        and other means.
          (6) Administrative coordination.--The establishment 
        of mechanisms to improve coordination among State 
        agencies and between State and local officials 
        responsible for land use programs and permitting, water 
        quality permitting and enforcement, habitat protection, 
        and public health and safety, through the use of joint 
        project review, memoranda of agreement, or other 
        mechanisms.
          (7) State coastal zone boundary modification.--A 
        proposal to modify the boundaries of the State coastal 
        zone as the coastal management agency of the State 
        determines is necessary to implement the 
        recommendations made pursuant to subsection (e). If the 
        coastal management agency does not have the authority 
        to modify such boundaries, the program shall include 
        recommendations for such modifications to the 
        appropriate State authority.
  (c) Program Submission, Approval, and Implementation.--
          (1) Review and approval.--Within 6 months after the 
        date of submission by a State of a program pursuant to 
        this section, the Secretary and the Administrator shall 
        jointly review the program. The program shall be 
        approved if--
                  (A) the Secretary determines that the 
                portions of the program under the authority of 
                the Secretary meet the requirements of this 
                section and the Administrator concurs with that 
                determination; and
                  (B) the Administrator determines that the 
                portions of the program under the authority of 
                the Administrator meet the requirements of this 
                section and the Secretary concurs with that 
                determination.
          (2) Implementation of approved program.--If the 
        program of a State is approved in accordance with 
        paragraph (1), the State shall implement the program, 
        including the management measures included in the 
        program pursuant to subsection (b), through--
                  (A) changes to the State plan for control of 
                nonpoint source pollution approved under 
                section 319 of the Federal Water Pollution 
                Control Act [33 U.S.C. 1329]; and
                  (B) changes to the State coastal zone 
                management program developed under section 306 
                of the Coastal Zone Management Act of 1972 [16 
                U.S.C. 1455], as amended by this Act.
          (3) Withholding coastal management assistance.--If 
        the Secretary finds that a coastal State has failed to 
        submit an approvable program as required by this 
        section, the Secretary shall withhold for each fiscal 
        year until such a program is submitted a portion of 
        grants otherwise available to the State for the fiscal 
        year under section 306 of the Coastal Zone Management 
        Act of 1972 [16 U.S.C. 1455], as follows:
                  (A) 10 percent for fiscal year 1996.
                  (B) 15 percent for fiscal year 1997.
                  (C) 20 percent for fiscal year 1998.
                  (D) 30 percent for fiscal year 1999 and each 
                fiscal year thereafter.
        The Secretary shall make amounts withheld under this 
        paragraph available to coastal States having programs 
        approved under this section.
          (4) Withholding water pollution control assistance.--
        If the Administrator finds that a coastal State has 
        failed to submit an approvable program as required by 
        this section, the Administrator shall withhold from 
        grants available to the State under section 319 of the 
        Federal Water Pollution Control Act [33 U.S.C. 1329], 
        for each fiscal year until such a program is submitted, 
        an amount equal to a percentage of the grants awarded 
        to the State for the preceding fiscal year under that 
        section, as follows:
                  (A) For fiscal year 1996, 10 percent of the 
                amount awarded for fiscal year 1995.
                  (B) For fiscal year 1997, 15 percent of the 
                amount awarded for fiscal year 1996.
                  (C) For fiscal year 1998, 20 percent of the 
                amount awarded for fiscal year 1997.
                  (D) For fiscal year 1999 and each fiscal year 
                thereafter, 30 percent of the amount awarded 
                for fiscal year 1998 or other preceding fiscal 
                year.
        The Administrator shall make amounts withheld under 
        this paragraph available to States having programs 
        approved pursuant to this subsection.
  (d) Technical Assistance.--The Secretary and the 
Administrator shall provide technical assistance to coastal 
States and local governments in developing and implementing 
programs under this section. Such assistance shall include--
          (1) methods for assessing water quality impacts 
        associated with coastal land uses;
          (2) methods for assessing the cumulative water 
        quality effects of coastal development;
          (3) maintaining and from time to time revising an 
        inventory of model ordinances, and providing other 
        assistance to coastal States and local governments in 
        identifying, developing, and implementing pollution 
        control measures; and
          (4) methods to predict and assess the effects of 
        coastal land use management measures on coastal water 
        quality and designated uses.
  (e) Inland Coastal Zone Boundaries.--
          (1) Review.--The Secretary, in consultation with the 
        Administrator of the Environmental Protection Agency, 
        shall, within 18 months after the effective date of 
        this title, review the inland coastal zone boundary of 
        each coastal State program which has been approved or 
        is proposed for approval under section 306 of the 
        Coastal Zone Management Act of 1972 [16 U.S.C. 1455], 
        and evaluate whether the State's coastal zone boundary 
        extends inland to the extent necessary to control the 
        land and water uses that have a significant impact on 
        coastal waters of the State.
          (2) Recommendation.--If the Secretary, in 
        consultation with the Administrator, finds that 
        modifications to the inland boundaries of a State's 
        coastal zone are necessary for that State to more 
        effectively manage land and water uses to protect 
        coastal waters, the Secretary, in consultation with the 
        Administrator, shall recommend appropriate 
        modifications in writing to the affected State.
  (f) Financial Assistance.--
          (1) In general.--Upon request of a State having a 
        program approved under section 306 of the Coastal Zone 
        Management Act of 1972 [16 U.S.C. 1455], the Secretary, 
        in consultation with the Administrator, may provide 
        grants to the State for use for developing and 
        implementing a State program under this section.
          (2) Amount.--The total amount of grants to a State 
        under this subsection shall not exceed 50 percent of 
        the total cost to the State of developing and 
        implementing a program under this section.
          (3) State share.--The State share of the cost of an 
        activity carried out with a grant under this subsection 
        shall be paid from amounts from non-Federal sources.
          (4) Allocation.--Amounts available for grants under 
        this subsection shall be allocated among States in 
        accordance with regulations issued pursuant to section 
        306(c) of the Coastal Zone Management Act of 1972 [16 
        U.S.C. 1455(c)], except that the Secretary may use not 
        more than 25 percent of amounts available for such 
        grants to assist States which the Secretary, in 
        consultation with the Administrator, determines are 
        making exemplary progress in preparing a State program 
        under this section or have extreme needs with respect 
        to coastal water quality.
    (g) Guidance for Coastal Nonpoint Source Pollution 
Control.--
          (1) In general.--The Administrator, in consultation 
        with the Secretary and the Director of the United 
        States Fish and Wildlife Service and other Federal 
        agencies, shall publish (and periodically revise 
        thereafter) guidance for specifying management measures 
        for sources of nonpoint pollution in coastal waters.
          (2) Content.--Guidance under this subsection shall 
        include, at a minimum--
                  (A) a description of a range of methods, 
                measures, or practices, including structural 
                and nonstructural controls and operation and 
                maintenance procedures, that constitute each 
                measure;
                  (B) a description of the categories and 
                subcategories of activities and locations for 
                which each measure may be suitable;
                  (C) an identification of the individual 
                pollutants or categories or classes of 
                pollutants that may be controlled by the 
                measures and the water quality effects of the 
                measures;
                  (D) quantitative estimates of the pollution 
                reduction effects and costs of the measures;
                  (E) a description of the factors which should 
                be taken into account in adapting the measures 
                to specific sites or locations; and
                  (F) any necessary monitoring techniques to 
                accompany the measures to assess over time the 
                success of the measures in reducing pollution 
                loads and improving water quality.
          (3) Publication.--The Administrator, in consultation 
        with the Secretary, shall publish--
                  (A) proposed guidance pursuant to this 
                subsection not later than 6 months after the 
                date of the enactment of this Act; and
                  (B) final guidance pursuant to this 
                subsection not later than 18 months after such 
                effective date.
          (4) Notice and comment.--The Administrator shall 
        provide to coastal States and other interested persons 
        an opportunity to provide written comments on proposed 
        guidance under this subsection.
          (5) Management measures.--For purposes of this 
        subsection, the term ``management measures'' means 
        economically achievable measures for the control of the 
        addition of pollutants from existing and new categories 
        and classes of nonpoint sources of pollution, which 
        reflect the greatest degree of pollutant reduction 
        achievable through the application of the best 
        available nonpoint pollution control practices, 
        technologies, processes, siting criteria, operating 
        methods, or other alternatives.
    (h) Authorizations of Appropriations.--
          (1) Administrator.--There is authorized to be 
        appropriated to the Administrator for use for carrying 
        out this section not more than $1,000,000 for each of 
        fiscal years [1992, 1993, and 1994.] 1996, 1997, and 
        1998.
          (2) Secretary.--
                  (A) Of amounts appropriated to the Secretary 
                for a fiscal year under section 318(a)(4) of 
                the Coastal Zone Management Act of 1972 [16 
                U.S.C. 1464(a)(4)], as amended by this Act, not 
                more than $1,000,000 shall be available for use 
                by the Secretary for carrying out this section 
                for that fiscal year, other than for providing 
                in the form of grants under subsection (f).
                  (B) There is authorized to be appropriated to 
                the Secretary for use for providing in the form 
                of grants under subsection (f) not more than--
                          [(i) $6,000,000 for fiscal year 1992;
                          [(ii) $12,000,000 for fiscal year 
                        1993;
                          [(iii) $12,000,000 for fiscal year 
                        1994; and]
                          [(iv)] (i) $12,000,000 for fiscal 
                        year 1995[.] ; and
                          (ii) $5,000,000 for each of fiscal 
                        years 1996, 1997, and 1998.
  (i) Definitions.--In this section--
          (1) the term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency;
          (2) the term ``coastal State'' has the meaning given 
        the term ``coastal State'' under section 304 of the 
        Coastal Zone Management Act of 1972 (16 U.S.C. 1453);
          (3) each of the terms ``coastal waters'' and 
        ``coastal zone'' has the meaning that term has in the 
        Coastal Zone Management Act of 1972 [16 U.S.C. 1651 et 
        seq.];
          (4) the term ``coastal management agency'' means a 
        State agency designated pursuant to section 306(d)(6) 
        of the Coastal Zone Management Act of 1972 [16 U.S.C. 
        1455(d)(6)];
          (5) the term ``land use'' includes a use of waters 
        adjacent to coastal waters; and
          (6) the term ``Secretary'' means the Secretary of 
        Commerce.

Sec. 1456a. Coastal Zone Management Fund

    (a)(1) The obligations of any coastal State or unit of 
general purpose local government to repay loans made pursuant 
to this section as in effect before the date of the enactment 
of the Coastal Zone Act Reauthorization Amendments of 1990, and 
any repayment schedule established pursuant to this title as in 
effect before that date of enactment, are not altered by any 
provision of this title. Such loans shall be repaid under 
authority of this subsection and the Secretary may issue 
regulations governing such repayment. If the Secretary finds 
that any coastal State or unit of local government is unable to 
meet its obligations pursuant to this subsection because the 
actual increases in employment and related population resulting 
from coastal energy activity and the facilities associated with 
such activity do not provide adequate revenues to enable such 
State or unit to meet such obligations in accordance with the 
appropriate repayment schedule, the Secretary shall, after 
review of the information submitted by such State or unit, take 
any of the following actions:
          (A) Modify the terms and conditions of such loan.
          (B) Refinance the loan.
          (C) Recommend to the Congress that legislation be 
        enacted to forgive the loan.
    (2) Loan repayments made pursuant to this subsection shall 
be retained by the Secretary as offsetting collections, and 
shall be deposited into the Coastal Zone Management Fund 
established under subsection (b).
    (b)(1) The Secretary shall establish and maintain a fund, 
to be known as the ``Coastal Zone Management Fund'', which 
shall consist of amounts retained and deposited into the Fund 
under subsection (a) and fees deposited into the Fund under 
section 307(i)(3) [16 U.S.C. 1456(i)(3)].
    (2) Subject to amounts provided in appropriation Acts, 
amounts in the Fund shall be available to the Secretary for use 
for the following:
          [(A) Expenses incident to the administration of this 
        title, in an amount not to exceed--
                  [(i) $5,000,000 for fiscal year 1991;
                  [(ii) $5,225,000 for fiscal year 1992;
                  [(iii) $5,460,125 for fiscal year 1993;
                  [(iv) $5,705,830 for fiscal year 1994; and
                  [(v) $5,962,593 for fiscal year 1995.]
                  (A) Expenses incident to the administration 
                of this title.
          (B) After use under subparagraph (A)--
                  (i) projects to address management issues 
                which are regional in scope, including 
                interState projects;
                  (ii) demonstration projects which have high 
                potential for improving coastal zone 
                management, especially at the local level;
                  (iii) emergency grants to State coastal zone 
                management agencies to address unforeseen or 
                disaster-related circumstances;
                  (iv) appropriate awards recognizing 
                excellence in coastal zone management as 
                provided in section 314 [16 U.S.C. 1460];
                  (v) program development grants as authorized 
                by section 305 [16 U.S.C. 1454]; and
                  (vi) to provide financial support to coastal 
                States for use for investigating and applying 
                the public trust doctrine to implement State 
                management programs approved under section 306 
                [16 U.S.C. 1455].
    (3) On December 1, of each year, the Secretary shall 
transmit to the Congress an annual report on the Fund, 
including the balance of the Fund and an itemization of all 
deposits into and disbursements from the Fund in the preceding 
fiscal year.

Sec. 1456b. Coastal zone enhancement grants

  (a) For purposes of this section, the term ``coastal zone 
enhancement objective'' means any of the following objectives:
          (1) Protection, restoration, or enhancement of the 
        existing coastal wetlands base, or creation of new 
        coastal wetlands.
          (2) Preventing or significantly reducing threats to 
        life and destruction of property by eliminating 
        development and redevelopment in high-hazard areas, 
        managing development in other hazard areas, and 
        anticipating and managing the effects of potential sea 
        level rise and Great Lakes level rise.
          (3) Attaining increased opportunities for public 
        access, taking into account current and future public 
        access needs, to coastal areas of recreational, 
        historical, aesthetic, ecological, or cultural value.
          (4) Reducing marine debris entering the Nation's 
        coastal and ocean environment by managing uses and 
        activities that contribute to the entry of such debris.
          (5) Development and adoption of procedures to assess, 
        consider, and control cumulative and secondary impacts 
        of coastal growth and development, including the 
        collective effect on various individual uses or 
        activities on coastal resources, such as coastal 
        wetlands and fishery resources.
          (6) Preparing and implementing special area 
        management plans for important coastal areas.
          (7) Planning for the use of ocean resources.
          (8) Adoption of procedures and enforceable policies 
        to help facilitate the siting of energy facilities and 
        Government facilities and energy-related activities and 
        Government activities which may be of greater than 
        local significance.
  (b) Subject to the limitations and goals established in this 
section, the Secretary may make grants to coastal States to 
provide funding for [development and submission for Federal 
approval of program changes] development, submission for 
Federal approval, and implementation for up to 2 years of 
program changes and program refinements that support attainment 
of one or more coastal zone enhancement objectives.
  (c) The Secretary shall evaluate and rank State proposals for 
funding under this section, and make funding awards based on 
those proposals, taking into account the criteria established 
by the Secretary under subsection (d). The Secretary shall 
ensure that funding decisions under this section take into 
consideration the fiscal and technical needs of proposing 
States and the overall merit of each proposal in terms of 
benefits to the public.
  (d) Within 12 months following the date of enactment of this 
section, and consistent with the notice and participation 
requirements established in section 317 [16 U.S.C. 1463], the 
Secretary shall promulgate regulations concerning coastal zone 
enhancement grants that establish--
          (1) specific and detailed criteria that must be 
        addressed by a coastal State (including the State's 
        priority needs for improvement as identified by the 
        Secretary after careful consultation with the State) as 
        part of the State's development and implementation of 
        coastal zone enhancement objectives;
          (2) administrative or procedural rules or 
        requirements as necessary to facilitate the development 
        and implementation of such objectives by coastal 
        States; and
          (3) other funding award criteria as are necessary or 
        appropriate to ensure that evaluations of proposals, 
        and decisions to award funding, under this section are 
        based on objective standards applied fairly and 
        equitably to those proposals.
  (e) A State shall not be required to contribute any portion 
of the cost of any proposal for which funding is awarded under 
this section.
  (f) Beginning in fiscal year 1991, not less than 10 percent 
and not more than 20 percent of the amounts appropriated to 
implement sections 306 and 306A of this title [16 U.S.C. 1455, 
1455a] shall be retained by the Secretary for use in 
implementing this section, up to a maximum of $10,000,000 
annually.
  (g) If the Secretary finds that the State is not undertaking 
the actions committed to under the terms of the grant, the 
Secretary shall suspend the State's eligibility for further 
funding under this section for at least one year.

                         TITLE 16, CONSERVATION

                  CHAPTER 33--COASTAL ZONE MANAGEMENT

Sec. 1464. Authorization of appropriations

  [(a) Sums Appropriated to Secretary.--There are authorized to 
be appropriated to the Secretary--
          [(1) such sums, not to exceed $750,000 for each of 
        the fiscal years occurring during the period beginning 
        October 1, 1990, and ending September 30, 1993, as may 
        be necessary for grants under section 305 [16 U.S.C. 
        1454], to remain available until expended;
          [(2) such sums, not to exceed $42,000,000 for the 
        fiscal year ending September 30, 1991, $48,890,000 for 
        the fiscal year ending September 30, 1992, $58,870,000 
        for the fiscal year ending September 30, 1993, 
        $67,930,000 for the fiscal year ending September 30, 
        1994, and $90,090,000 for the fiscal year ending 
        September 30, 1995, as may be necessary for grants 
        under sections 306, 306A, and 309 [16 U.S.C. 1455, 
        1455a, 1456b], to remain available until expended;
          [(3) such sums, not to exceed $6,000,000 for the 
        fiscal year ending September 30, 1991, $6,270,000 for 
        the fiscal year ending September 30, 1992, $6,552,000 
        for the fiscal year ending September 30, 1993, 
        $6,847,000 for the fiscal year ending September 30, 
        1994, and $7,155,000 for the fiscal year ending 
        September 30, 1995, as may be necessary for grants 
        under section 315 [16 U.S.C. 1461], to remain available 
        until expended; and
          [(4) such sums, not to exceed $10,000,000 for each of 
        the fiscal years occurring during the period beginning 
        October 1, 1990, and ending September 30, 1995, as may 
        be necessary for activities under section 310 [16 
        U.S.C. 1456c] and for administrative expenses incident 
        to the administration of this title; except that 
        expenditures for such administrative expenses shall not 
        exceed $5,000,000 in any such fiscal year.
          [(5) [Deleted]
          [(6) [Redesignated]]
  (a) Sums Appropriated to the Secretary.--There are authorized 
to be appropriated to the Secretary--
          (1) such sums, not to exceed $750,000 for each of the 
        fiscal years occurring during the period beginning 
        October 1, 1996, and ending September 30, 1998, as may 
        be necessary for grants under section 305, to remain 
        available until expended;
          (2) not to exceed $45,500,000 for the fiscal year 
        ending September 30, 1996, $46,865,000 for the fiscal 
        year ending September 30, 1997, and $48,271,000 for the 
        fiscal year ending September 30, 1998, as may be 
        necessary for grants under sections 306, 306A, and 309 
        to remain available until expended;
          (3) not to exceed $3,350,000 for the fiscal year 
        ending September 30, 1996, $3,451,000 for the fiscal 
        year ending September 30, 1997, and $3,554,000 for the 
        fiscal year ending September 30, 1998, for grants under 
        section 315 to remain available until expended;
          (4) such sums, not to exceed $10,000,0000 for each of 
        the fiscal years occurring during the period beginning 
        October 1, 1996, and ending September 30, 1998, as may 
        be necessary for grants under section 310, to remain 
        available until expended, but no sums authorized under 
        this paragraph may be used to augment grants made under 
        any other section of this Act; and
          (5) such sums not to exceed the lesser of--
                  (A) $5,000,000; or
                  (B) 8 percent of the total amount 
                appropriated under this Act for each of the 
                fiscal years occurring during the period 
                beginning October 1, 1996, and ending September 
                30, 1998, for administrative expenses incident 
                to the administration of this title, to remain 
                available until expended.
  (b) Sums Appropriated to Fund.--There are authorized to be 
appropriated until October 1, 1986, to the Fund, such sums, not 
to exceed $800,000,000, for the purposes of carrying out the 
provisions of section 308 [16 U.S.C. 1456a], other than 
subsection (b) [16 U.S.C. 1456a(b)], of which not to exceed 
$150,000,000 shall be for purposes of subsections (c)(1), 
(c)(2) and (c)(3) of such section [16 U.S.C. 1456a(c)(1--3).
  (c) Limitations.--Federal funds received from other sources 
shall not be used to pay a coastal State's share of costs under 
section 306 or 309 [16 U.S.C. 1455, 1456b].
  (d) Reversion of Grants to Secretary.--The amount of any 
grant, or portion of a grant, made to a State under any section 
of this Act which is not obligated by such State during the 
fiscal year, or during the second fiscal year after the fiscal 
year, for which it was first authorized to be obligated by such 
State shall revert to the Secretary. The Secretary shall add 
such reverted amount to those funds available for grants under 
the section for such reverted amount was originally made 
available.
                              ----------                              


               TITLE 33, NAVIGATION AND NAVIGABLE WATERS

                   CHAPTER 17--NATIONAL OCEAN SURVEY

                           general provisions

Sec. 851. Commissioned officers; authorized number

  There are authorized in the National Oceanic and Atmospheric 
Administration 439 commissioned officers on the active list.
                              ----------                              


                           Public Law 103-317

                    TITLE II--DEPARTMENT OF COMMERCE

          * * * * * * *

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfer of funds)

  For necessary expenses of activities authorized by law for 
the National Oceanic and Atmospheric Administration, including 
acquisition, maintenance, operation, and hire of aircraft; [not 
to exceed 439 commissioned officers on the active list;] not to 
exceed the number of commissioned officers on the active list 
provided for by section 402(b)(1) of the National Oceanic and 
Atmospheric Administration Act of 1995; as authorized by 31 
U.S.C. 1343 and 1344; . . .
          * * * * * * *

Sec. 853g. Transfer of officers to retired list; separation from 
                    service; computations; effective date of 
                    retirements and separations

  (a) Transfer of Officers to Retired List; Separation From 
Service.--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) Computations.--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] ten percent of the 
total number of officers authorized to be on the active list, 
except as otherwise provided by law.
  (c) Effective Date of Retirements or Separations.--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.

     CHAPTER 22--SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT

                   national sea grant college program

Sec. 1131. Authorization of appropriations

  [(a) There is authorized to be appropriated to carry out the 
provisions of sections 205 and 208 of this Act [33 U.S.C. 1124, 
1127], and section 3 of the Sea Grant Program Improvement Act 
of 1976 (33 U.S.C. 1124a), an amount--
          [(1) for fiscal year 1991, not to exceed $44,398,000;
          [(2) for fiscal year 1992, not to exceed $46,014,000;
          [(3) for fiscal year 1993, not to exceed $47,695,000;
          [(4) for fiscal year 1994, not to exceed $49,443,000; 
        and
          [(5) for fiscal year 1995, not to exceed 
        $51,261,000.]
  (a) In General._There are authorized to be appropriated to 
carry out sections 205 and 208 of this title not more than--
          (1) $53,300,000 for fiscal year 1996;
          (2) $54,899,000 for fiscal year 1997; and
          (3) $56,546,000 for fiscal year 1998.
  (b)(1) There is authorized to be appropriated for 
administration of this Act, including section 209 [33 U.S.C. 
1128], by the National Sea Grant Office and the Administration, 
an [amount--
          [(A) for fiscal year 1991, not to exceed $2,500,000;
          [(B) for fiscal year 1992, not to exceed $2,600,000;
          [(C) for fiscal year 1993, not to exceed $2,700,000;
          [(D) for fiscal year 1994, not to exceed $2,800,000; 
        and
          [(E) for fiscal year 1995, not to exceed $2,900,000.]
amount for each of the fiscal years 1996 through 1998 equal to 
not more than 5 percent of the amount appropriated for that 
fiscal year under subsection (a).
  (2) Sums appropriated under the authority of subsections (a) 
and (c) shall not be available for administration of this Act 
by the National Sea Grant Office, or for Administration program 
or administrative expenses.
  (c) In addition to sums authorized under subsection (a), 
there is authorized to be appropriated for priority oyster 
disease research under section 205 of this Act [33 U.S.C. 
1124], an amount--
          (1) for fiscal year 1992, not to exceed $1,400,000;
          (2) for fiscal year 1993, not to exceed $3,000,000;
          (3) for fiscal year 1994, not to exceed $3,000,000; 
        and
          (4) for fiscal year 1995, not to exceed $3,000,000.
  (d) Availability of Sums.--Sums appropriated pursuant to this 
section shall remain available until expended.
  (e) Reversion of Unobligated Amounts.--The amount of any 
grant, or portion of a grant, made to a person under any 
section of this Act that is not obligated by that person during 
the first fiscal year for which it was authorized to be 
obligated or during the next fiscal year thereafter shall 
revert to the Secretary. The Secretary shall add that reverted 
amount to the funds available for grants under the section for 
which the reverted amount was originally made available.

                      TITLE 46, APPENDIX--SHIPPING

                 CHAPTER 27--MERCHANT MARINE ACT, 1936

                    FEDERAL SHIP MORTGAGE INSURANCE

Sec. 1274. Eligibility for guarantee

  (a) Purpose of Obligations.--Pursuant to the authority 
granted under section 1103(a) [46 U.S.C. App. 1273(a)], the 
Secretary 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--
          (1) financing, including reimbursement of an obligor 
        for expenditures previously made for, construction, 
        reconstruction, or reconditioning of a vessel 
        (including an eligible export vessel), which is 
        designed principally for research, or for commercial 
        use (A) in the coastwise or intercoastal trade; (B) on 
        the Great Lakes, or on bays, sounds, rivers, harbors, 
        or inland lakes of the United States; (C) in foreign 
        trade as defined in section 905 of this Act for 
        purposes of title V of this Act; or (D) as an ocean 
        thermal energy conversion facility or plantship; (E) 
        with respect to floating drydocks in the construction, 
        reconstruction, reconditioning, or repair of vessels; 
        or (F) with respect to an eligible export vessel, in 
        world-wide trade; Provided, however, That no guarantee 
        shall be entered into pursuant to this paragraph (a)(1) 
        later than one year after delivery, or redelivery in 
        the case of reconstruction or reconditioning of any 
        such vessel unless the proceeds of the obligation are 
        used to finance the construction, reconstruction, or 
        reconditioning of a vessel or vessels, or facilities or 
        equipment pertaining to marine operations;
          (2) financing, including reimbursement of an obligor 
        for expenditures previously made for, construction, 
        reconstruction, reconditioning, or purchase of a vessel 
        or vessels owned by citizens or nationals of the United 
        States or citizens of the Northern Mariana Islands 
        which are designed principally for research, or for 
        commercial use in the fishing trade or industry;
          (3) financing the purchase, reconstruction, or 
        reconditioning of vessels or fishery facilities for 
        which obligations were guaranteed under this title [46 
        U.S.C. App. 1271 et seq.] that, under the provisions of 
        section 1105 [46 U.S.C. App. 1275]:
                  (A) are vessels or fishery facilities for 
                which obligations were accelerated and paid;
                  (B) were acquired by the Fund; or
                  (C) were sold at foreclosure instituted by 
                the Secretary;
          (4) financing, in whole or in part, the repayment to 
        the United States of any amount of construction-
        differential subsidy paid with respect to a vessel 
        pursuant to title V of this Act [46 U.S.C. App. 1151 et 
        seq.], as amended;
          (5) refinancing existing obligations issued for one 
        of the purposes specified in (1), (2), (3), or (4) 
        whether or not guaranteed under this title [46 U.S.C. 
        App. 1271 et seq.], including, but not limited to, 
        short-term obligations incurred for the purpose of 
        obtaining temporary funds with the view to refinancing 
        from time to time; or
          (6) financing or refinancing, including, but not 
        limited to, the reimbursement of obligors for 
        expenditures previously made for, the construction, 
        reconstruction, reconditioning, or purchase of fishery 
        facilities.
Any obligation guaranteed under paragraph (6) shall be treated, 
for purposes of this title [46 U.S.C. App. 1271 et seq.], in 
the same manner and to the same extent as an obligation 
guaranteed under this title [46 U.S.C. App. 1271 et seq.] which 
aids in the construction, reconstruction, reconditioning, or 
purchase of a vessel; except with respect to provisions of this 
title [46 U.S.C. App. 1271 et seq.] that by their nature can 
only be applied to vessels.
  (b) Contents of Obligations.--Obligations guaranteed under 
this title [46 U.S.C. App. 1271 et seq.]--
          (1) shall have an obligor approved by the Secretary 
        as responsible and possessing the ability, experience, 
        financial resources, and other qualifications necessary 
        to the adequate operation and maintenance of the vessel 
        or vessels which serve as security for the guarantee of 
        the Secretary;
          (2) subject to the provisions of subsection (c)(1) 
        and subsection (i), shall be in an aggregate principal 
        amount which does not exceed 75 per centum of the 
        actual cost or depreciated actual cost, as determined 
        by the Secretary, of the vessel which is used as 
        security for the guarantee of the Secretary: Provided, 
        however, That in the case of a vessel, the size and 
        speed of which are approved by the Secretary, and which 
        is or would have been eligible for mortgage aid for 
        construction under section 509 of this Act [46 U.S.C. 
        App. 1159] (or would have been eligible for mortgage 
        aid under section 509 of this Act [46 U.S.C. App. 1159] 
        except that the vessel was built with the aid of 
        construction-differential subsidy and said subsidy has 
        been repaid) and in respect of which the minimum 
        downpayment by the mortgagor required by that section 
        would be or would have been 12 1/2 per centum of the 
        cost of such vessel, such obligations may be in an 
        amount which does not exceed 87 1/2 per centum of such 
        actual cost or depreciated actual cost: Provided, 
        further, That the obligations which relate to a barge 
        which is constructed without the aid of construction-
        differential subsidy, or, if so subsidized, on which 
        said subsidy has been repaid, may be in an aggregate 
        principal amount which does not exceed 87 1/2 per 
        centum of the actual cost or depreciated actual cost 
        thereof: Provided further, That in the case of a 
        fishing vessel or fishery facility, the obligation 
        shall be in an aggregate principal amount [equal to] 
        not to exceed 80 percent of the actual cost or 
        depreciated actual cost of the fishing vessel or 
        fishery facility, [except that no debt may be placed 
        under this proviso through the Federal Financing Bank:] 
        and obligations related to fishing vessels and fishery 
        facilities under this title shall be placed through the 
        Federal Financing Bank unless placement through the 
        Federal Financing Bank is not reasonably available or 
        placement elsewhere is available at a lower annual 
        yield than placement through the Federal Financing 
        Bank: 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: Provided further, That in 
        the case of an eligible export vessel, 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 eligible export vessel;
          (3) shall have maturity dates satisfactory to the 
        Secretary but, subject to the provisions of paragraph 
        (2) of subsection (c) of this section, not to exceed 
        twenty-five years from the date of the delivery of the 
        vessel which serves as security for the guarantee of 
        the Secretary or, if the vessel has been reconstructed 
        or reconditioned, not to exceed the later of (i) 
        twenty-five years from the date of delivery of the 
        vessel and (ii) the remaining years of the useful life 
        of the vessel as determined by the Secretary;
          (4) shall provide for payments by the obligor 
        satisfactory to the Secretary;
          (5) shall bear interest (exclusive of charges for the 
        guarantee and service charges, if any) at rates not to 
        exceed such per centum per annum on the unpaid 
        principal as the Secretary determines to be reasonable, 
        taking into account the range of interest rates 
        prevailing in the private market for similar loans and 
        the risks assumed by the Secretary;
          (6) shall provide, or a related agreement shall 
        provide, that if the vessel used as security for the 
        guarantee of the Secretary is a delivered vessel, the 
        vessel shall be in class A-1, American Bureau of 
        Shipping, or shall meet such other standards as may be 
        acceptable to the Secretary, with all required 
        certificates, including but not limited to, marine 
        inspection certificates of the United States Coast 
        Guard or, in the case of an eligible export vessel, of 
        the appropriate national flag authorities under a 
        treaty, convention, or other international agreement to 
        which the United States is a party, with all 
        outstanding requirements and recommendations necessary 
        for retention of class accomplished, unless the 
        Secretary permits a deferment of such repairs, and 
        shall be tight, stanch, strong, and well and 
        sufficiently tackled, appareled, furnished, and 
        equipped, and in every respect seaworthy and in good 
        running condition and repair, and in all respects fit 
        for service; and
          (7) may provide, or a related agreement may provide, 
        if the vessel used as security for the guarantee of the 
        Secretary is a passenger vessel having the tonnage, 
        speed, passenger accommodations and other 
        characteristics set forth in title V of this Act [46 
        U.S.C. App. 1151 et seq.], as amended, and if the 
        Secretary approves, that the sole recourse against the 
        obligor by the United States for any payments under the 
        guarantee shall be limited to repossession of the 
        vessel and the assignment of insurance claims and that 
        the liability of the obligor for any payments of 
        principal and interest under the guarantee shall be 
        satisfied and discharged by the surrender of the vessel 
        and all right, title, and interest therein to the 
        United States: Provided, That the vessel upon surrender 
        shall be (i) free and clear of all liens and 
        encumbrances whatsoever except the security interest 
        conveyed to the Secretary under this title [46 U.S.C. 
        App. 1271 et seq.], (ii) in class, and (iii) in as good 
        order and condition, ordinary wear and tear excepted, 
        as when acquired by the obligor, except that any 
        deficiencies with respect to freedom from encumbrances, 
        condition and class may, to the extent covered by valid 
        policies of insurance, be satisfied by the assignment 
        to the Secretary of claims of the obligor under such 
        policies.
The Secretary may not establish, as a condition of eligibility 
for guarantee under this title [46 U.S.C. App. 1271 et seq.], a 
minimum principal amount for an obligation covering the 
reconstruction or reconditioning of a fishing vessel or fishery 
facility. For purposes of this title [46 U.S.C. App. 1271 et 
seq.], the reconstruction or reconditioning of a fishing vessel 
or fishery facility does not include the routine minor repair 
or maintenance of the vessel or facility.
  (c) Security.--
          (1) The security for the guarantee of an obligation 
        by the Secretary under this title [46 U.S.C. App. 1271 
        et seq.] may relate to more than one vessel and may 
        consist of any combination of types of security. The 
        aggregate principal amount of obligations which have 
        more than one vessel as security for the guarantee of 
        the Secretary under this title [46 U.S.C. App. 1271 et 
        seq.] may equal, but not exceed, the sum of the 
        principal amount of obligations permissible with 
        respect to each vessel.
          (2) If the security for the guarantee of an 
        obligation by the Secretary under this title [46 U.S.C. 
        App. 1271 et seq.] relates to more than one vessel, 
        such obligation may have the latest maturity date 
        permissible under subsection (b) of this section with 
        respect to any of such vessels: Provided, That the 
        Secretary may require such payments of principal, prior 
        to maturity, with respect to all related obligations as 
        he deems necessary in order to maintain adequate 
        security for his guarantee.
  (d) Restrictions.--
          (1) (A) No commitment to guarantee, or guarantee of, 
        an obligation shall be made by the Secretary of 
        Transportation unless the Secretary finds that the 
        property or project with respect to which the 
        obligation will be executed will be economically sound. 
        In making that determination, the Secretary shall 
        consider--
                  (i) the need in the particular segment of the 
                maritime industry for new or additional 
                capacity, including any impact on existing 
                equipment for which a guarantee under this 
                title [46 U.S.C. App. 1271 et seq.] is in 
                effect;
                  (ii) the market potential for the employment 
                of the vessel over the life of the guarantee;
                  (iii) projected revenues and expenses 
                associated with employment of the vessel;
                  (iv) any charters, contracts of 
                affreightment, transportation agreements, or 
                similar agreements or undertakings relevant to 
                the employment of the vessel;
                  (v) other relevant criteria; and
                  (vi) for inland waterways, the need for 
                technical improvements, including but not 
                limited to increased fuel efficiency, or 
                improved safety.
          (B) No commitment to guarantee, or guarantee of, and 
        obligation shall be made by the Secretary of Commerce 
        unless the Secretary finds, at or prior to the time 
        such commitment is made or guarantee becomes effective, 
        that the property or project with respect to which the 
        obligation will be executed will be, in the Secretary's 
        opinion, economically sound and in the case of fishing 
        vessels, that the purpose of the financing or 
        refinancing is consistent with the wise use of the 
        fisheries resources and with the development, 
        advancement, management, conservation, and protection 
        of the fisheries resources, or with the need for 
        technical improvements including but not limited to 
        increased fuel efficiency or improved safety.
          (2) No commitment to guarantee, or guarantee of an 
        obligation may be made by the Secretary under this 
        title [46 U.S.C. App. 1271 et seq.] for the purchase of 
        a used fishing vessel or used fishery facility unless--
                  (A) the vessel or facility will be 
                reconstructed or reconditioned in the United 
                States and will contribute to the development 
                of the United States fishing industry; or
                  (B) the vessel or facility will be used in 
                the harvesting of fish from, or for a purpose 
                described in section 1101(k) [46 U.S.C. App. 
                1271(k)] with respect to, an underutilized 
                fishery.
          (3) No commitment to guarantee, or guarantee of an 
        obligation may be made by the Secretary under this 
        title for the construction, reconstruction, or 
        reconditioning of an eligible export vessel unless--
                  (A) the Secretary finds that the 
                construction, reconstruction, or reconditioning 
                of that vessel will aid in the transition of 
                United States shipyards to commercial 
                activities or will preserve shipbuilding assets 
                that would be essential in time of war or 
                national emergency, and
                  (B) the owner of the vessel agrees with the 
                Secretary of Transportation that the vessel 
                shall not be transferred to any country 
                designated by the Secretary of Defense as a 
                country whose interests are hostile to the 
                interests of the United States.
  (e) Guarantee Fees.--The Secretary is authorized to fix a fee 
for the guarantee of an obligation under this title [46 U.S.C. 
App. 1271 et seq.]. If the security for the guarantee of an 
obligation under this title [46 U.S.C. App. 1271 et seq.] 
relates to a delivered vessel, such fee shall not be less than 
one-half of 1 per centum per annum nor more than 1 per centum 
per annum of the average principal amount of such obligation 
outstanding, excluding the average amount (except interest) on 
deposit in an escrow fund created under section 1108 of this 
Act [46 U.S.C. App. 1279a]. If the security for the guarantee 
of an obligation under this title [46 U.S.C. App. 1271 et seq.] 
relates to a vessel to be constructed, reconstructed, or 
reconditioned, such fee shall not be less than one-quarter of 1 
per centum per annum nor more than one-half of 1 per centum per 
annum of the average principal amount of such obligation 
outstanding, excluding the average amount (except interest) on 
deposit in an escrow fund created under section 1108 of this 
Act [46 U.S.C. App. 1279a]. For purposes of this subsection 
(e), if the security for the guarantee of an obligation under 
this title [46 U.S.C. App. 1271 et seq.] relates both to a 
delivered vessel or vessels and to a vessel or vessels to be 
constructed, reconstructed, or reconditioned, the principal 
amount of such obligation shall be prorated in accordance with 
regulations prescribed by the Secretary. Fee payments shall be 
made by the obligor to the Secretary when moneys are first 
advanced under a guaranteed obligation and at least sixty days 
prior to each anniversary date thereafter. All fees shall be 
computed and shall be payable to the Secretary under such 
regulations as the Secretary may prescribe. Such regulations 
shall provide a formula for determining the creditworthiness of 
obligors under which the most creditworthy obligors pay a fee 
computed on the lowest allowable percentage and the least 
creditworthy obligors pay a fee which may be computed on the 
highest allowable percentage (the range of creditworthiness to 
be based on obligors which have actually issued guaranteed 
obligations).
  (f) Investigation of Applications.--The Secretary shall 
charge and collect from the obligor such amounts as he may deem 
reasonable for the investigation of applications for a 
guarantee, for the appraisal of properties offered as security 
for a guarantee, for the issuance of commitments, for services 
in connection with the escrow fund authorized by section 1108 
[46 U.S.C. App. 1279a] and for the inspection of such 
properties during construction, reconstruction, or 
reconditioning: Provided, That such charges shall not aggregate 
more than one-half of 1 per centum of the original principal 
amount of the obligations to be guaranteed.
  (g) Disposition of Moneys.--All moneys received by the 
Secretary under the provisions of sections 1101-1107 of this 
title [46 U.S.C. App. 1271-1276, 1279] shall be deposited in 
the Fund.
  (h) Additional Requirements.--Obligations guaranteed under 
this title [46 U.S.C. App. 1271 et seq.] and agreements 
relating thereto shall contain such other provisions with 
respect to the protection of the security interests of the 
United States (including acceleration, assumptions, and 
subrogation provisions and the issuance of notes by the obligor 
to the Secretary), liens and releases of liens, payments of 
taxes, and such other matters as the Secretary may, in his 
discretion, prescribe.
  (i) Limitation on Establishment of Percentage.--The Secretary 
may not, with respect to--
          (1) the general 75 percent or less limitation in 
        subsection (b)(2);
          (2) the 87\1/2\ percent or less limitation in the 
        1st, 2nd, 4th, or 5th proviso to subsection (b)(2) or 
        section 1112(b) [46 U.S.C. App. 1279e(b)]; or
          (3) the 80 percent or less limitation in the 3rd 
        proviso to such subsection;
establish by rule, regulation, or procedure any percentage 
within any such limitation that is, or is intended to be, 
applied uniformly to all guarantees or commitments to guarantee 
made under this section that are subject to the limitation.
  (j) Procedure Upon Receiving Loan Guarantee Application.--
          (1) Upon receiving an application for a loan 
        guarantee for an eligible export vessel, the Secretary 
        shall promptly provide to the Secretary of Defense 
        notice of the receipt of the application. During the 
        30-day period beginning on the date on which the 
        Secretary of Defense receives such notice, the 
        Secretary of Defense may disapprove the loan guarantee 
        based on the assessment of the Secretary of the 
        potential use of the vessel in a manner that may cause 
        harm to United States national security interests. The 
        Secretary of Defense may not disapprove a loan 
        guarantee under this section solely on the basis of the 
        type of vessel to be constructed with the loan 
        guarantee. The authority of the Secretary to disapprove 
        a loan guarantee under this section may not be 
        delegated to any official other than a civilian officer 
        of the Department of Defense appointed by the 
        President, by and with the advice and consent of the 
        Senate.
          (2) The Secretary of Transportation may not make a 
        loan guarantee disapproved by the Secretary of Defense 
        under paragraph (1).
                              ----------                              


            MARINE MAMMAL PROTECTION ACT AMENDMENTS OF 1994

SEC. 22. COASTAL ECOSYSTEM HEALTH.

  (a) Requirement to Convey.--(1) Not later than September 30, 
1994, the Secretary of the Navy shall convey, without payment 
or other consideration, to the Secretary of Commerce, all 
right, title, and interest to the property comprising that 
portion of the Naval Base, Charleston, South Carolina, bounded 
by Hobson Avenue, the cooper river, the landward extension of 
the northwest side of Pier R, and the fenceline between the 
buildings known as 200 and NS--16. Such property shall include 
Pier R, the buildings known as the RTC-1, RTC-4, 200, and 1874, 
all towers and out-buildings on that property, and all walkways 
and parking areas associated with such buildings and Pier R.
  (2) Not later than March 30, 1996, the Secretary of the Navy 
shall convey, without payment or other consideration, to the 
Secretary of Commerce, all right, title, and interest to the 
property comprising that portion of the Naval Base, Charleston, 
South Carolina, bounded by Hobson Avenue, the Cooper River, the 
landward extension of the property line located 70 feet 
northwest of and parallel to the centerline of Pier Q, and the 
northwest property line of the parking area associated with 
Pier R. The property shall include Pier Q, all towers and 
outbuildings on that property, and walkways and parking areas 
associated with those buildings and Pier Q.
          * * * * * * *

                                
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