Text: H.R.3704 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 3704 IH
102d CONGRESS
1st Session
 H. R. 3704
To authorize appropriations for the National Oceanic and Atmospheric
Administration for fiscal year 1992.
IN THE HOUSE OF REPRESENTATIVES
November 4, 1991
Mr. HERTEL (for himself, Mr. JONES of North Carolina, Mr. BROWN, and
Mr. SCHEUER) introduced the following bill; which was referred jointly to the
Committees on Merchant Marine and Fisheries and Science, Space, and Technology
A BILL
To authorize appropriations for the National Oceanic and Atmospheric
Administration for fiscal year 1992.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `National Oceanic and Atmospheric Administration
  Authorization Act of 1991'.
TITLE I--NATIONAL OCEAN SERVICE
SEC. 101. MAPPING, CHARTING, AND GEODESY.
  There are authorized to be appropriated to the Secretary of Commerce
  (hereinafter in this Act referred to as the `Secretary') for carrying
  out mapping, charting, and geodesy activities of the National Oceanic and
  Atmospheric Administration (including geodetic data collection and analysis)
  under the Act entitled `An Act to define the functions and duties of the
  Coast and Geodetic Survey, and for other purposes', approved August 6,
  1947 (33 U.S.C. 883a et seq.), and any other law, $59,902,000 for fiscal
  year 1992 and $62,298,000 for fiscal year 1993.
SEC. 102. OBSERVATION AND ASSESSMENT.
  (a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for carrying out observation and assessment activities of
  the National Oceanic and Atmospheric Administration under the Act entitled
  `An Act to define the functions and duties of the Coast and Geodetic Survey,
  and for other purposes', approved August 6, 1947 (33 U.S.C. 883a et seq.),
  and any other law, $71,094,000 for fiscal year 1992 and $73,938,000 for
  fiscal year 1993.
  (b) LONG ISLAND SOUND CIRCULATION MODEL- No monies appropriated under the
  authority of this Act shall be used to conduct analyses of samples collected
  under the National Status and Trends Program until the Policy Committee
  of the Long Island Sound Study certifies that the National Oceanic and
  Atmospheric Administration has completed the water circulation model for
  Long Island Sound.
  (c) CIRCULATION MODEL FUNDING- Of the sums authorized under subsection
  (a) for fiscal year 1992, $600,000 shall be available for completion of the
  water circulation model for Long Island sound and $400,000 shall be available
  for National Status and Trends Program stations in Long Island Sound.
SEC. 103. OCEAN AND COASTAL MANAGEMENT.
  There are authorized to be appropriated to the Secretary for carrying
  out ocean and coastal management activities of the National Oceanic
  and Atmospheric Administration under title III of the Marine Protection,
  Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.), the Coastal
  Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), and any other law,
  $75,722,000 for fiscal year 1992 and $78,751,000 for fiscal year 1993.
TITLE II--NATIONAL MARINE FISHERIES SERVICE
SEC. 201. FISHERIES PROGRAM ACT AMENDMENTS.
  The National Oceanic and Atmospheric Administration Marine Fisheries
  Program Authorization Act (Public Law 98-210) is amended--
  (1) in section 2(a) in the first sentence by striking `$26,500,000' and all
  that follows through the end of that sentence and inserting `$53,600,000
  for fiscal year 1992 and $55,744,000 for fiscal year 1993';
  (2) in section 3(a) in the first sentence by striking `$35,000,000' and all
  that follows through the end of that sentence and inserting `$31,000,000
  for fiscal year 1992 and $32,240,000 for fiscal year 1993'; and
  (3) in section 4(a) in the first sentence by striking `$10,000,000' and all
  that follows through the end of that sentence and inserting `$20,000,000
  for fiscal year 1992 and $20,800,000 for fiscal year 1993'.
SEC. 202. RESEARCH AGREEMENTS.
  The Secretary is authorized to enter into agreements with, and provide
  financial assistance to, States, marine fisheries commissions, regional
  fishery management councils, and academic institutions for the purpose of
  conducting research on marine mammals, endangered species, and fisheries
  conservation and management, including--
  (1) biological research on the status of stocks of fish, the impact of
  pollution on fish, the impact of wetland and estuarine degradation, and
  other matters bearing upon the abundance and availability of fish;
  (2) economic and social research on the impacts of fishery management
  measures;
  (3) conservation engineering research; and
  (4) information management research.
SEC. 203. STUDY ON EFFECTS OF DOLPHIN FEEDING.
  (a) STUDY- The Secretary shall conduct a study in the eastern Gulf of Mexico
  on the effects of feeding of noncaptive dolphins by human beings. The study
  conducted pursuant to this section shall be designed to detect any behavior
  or diet modification resulting from this feeding and to identify the effects,
  if any, of these modifications on the health and well-being of the dolphins.
  (b) EXTERNAL REVIEW- In design and conduct of the study required under
  subsection (a), the Secretary shall consult with the National Academy of
  Sciences and the Marine Mammal Commission.
  (c) REPORT- Within 18 months after the date of the enactment of this
  Act, the Secretary shall submit to the Committee on Merchant Marine and
  Fisheries of the House of Representatives and the Committee on Commerce,
  Science, and Transportation of the Senate a report on the results of the
  study conducted pursuant to subsection (a).
SEC. 204. NATIONAL SHELLFISH INDICATOR STUDY.
  (a) ESTABLISHMENT- There is established within the National Oceanic and
  Atmospheric Administration the National Shellfish Indicator Study Project
  to conduct research relating to pathogenic indicators of contamination of
  shellfish growing areas.
  (b) COOPERATIVE AGREEMENT- The project established under subsection (a)
  shall be conducted in accordance with the cooperative agreement between
  the National Oceanic and Atmospheric Administration and the Louisiana
  Universities Marine Consortium as in effect on October 1, 1990.
  (c) RELEASE OF 1991 Funds- Not later than 30 days after the date of the
  enactment of this Act, the Secretary shall release funds appropriated
  in Public Law 101-515 for fiscal year 1991 for use for shellfish water
  standards research, as detailed in House Report 101-909.
  (d) AUTHORIZATION OF APPROPRIATIONS-
  (1) IN GENERAL- Of the sums authorized under section 201 of this Act,
  there are authorized to be appropriated to the Secretary $5,000,000 for
  fiscal year 1992 and $5,200,000 for fiscal year 1993 for carrying out the
  project established under subsection (a) of this section.
  (2) LIMITATION- Of amounts appropriated pursuant to this section, not
  more than five percent of that amount may be used by the National Oceanic
  and Atmospheric Administration to administer the project authorized under
  this section.
SEC. 205. UNITED STATES GULF OF MEXICO AND SOUTH ATLANTIC SHRIMP FISHERY STUDY.
  (a) STUDY- (1) The Secretary shall conduct a comprehensive economic study
  to provide baseline information to guide policy decisions on the future of
  the United States Gulf of Mexico and South Atlantic shrimp fishery. Funds
  shall only be expended under the terms of paragraph (2) of this section.
  (2) The study shall--
  (A) gather information as to the extent to which governmental and economic
  factors have affected or may affect the United States Gulf of Mexico and
  South Atlantic shrimp fishery;
  (B) attempt to expand available historical data through survey contacts
  and cooperation with the industry; and
  (C) incorporate the results of the studies on the United States Gulf of
  Mexico and South Atlantic shrimp fishery that are underway or completed
  on the date this section is effective.
  (b) REPORT- The Secretary shall submit a report to Congress detailing the
  results of this study no later than October 1, 1993.
  (c) AUTHORIZATION- There is authorized to be appropriated to carry out the
  provisions of this section $1,000,000 for fiscal year 1992 and $1,040,000
  for fiscal year 1993. Of this amount, not more than $500,000 for fiscal
  year 1992 and $520,000 for fiscal year 1993 shall be used to fund research
  in the States bordering the Gulf of Mexico.
TITLE III--OCEANIC AND ATMOSPHERIC RESEARCH
SEC. 301. CLIMATE AND AIR QUALITY RESEARCH.
  (a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
  appropriated to the Secretary for carrying out climate and air quality
  research duties of the National Oceanic and Atmospheric Administration,
  including for interannual and seasonal climate research, long-term climate
  and air quality research, and the National Climate Program, $95,563,000
  for fiscal year 1992 and $99,386,000 for fiscal year 1993.
  (b) REGIONAL CLIMATE CENTERS- Of the sums authorized under subsection (a),
  $3,700,000 for fiscal year 1992 and $3,848,000 for fiscal year 1993 are
  authorized to be appropriated for the activities of the Regional Climate
  Centers.
SEC. 302. ATMOSPHERIC PROGRAMS.
  (a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for carrying out atmospheric research duties of the
  National Oceanic and Atmospheric Administration $37,007,000 for fiscal
  year 1992 and $38,487,000 for fiscal year 1993, including for research
  for developing improved prediction capabilities for atmospheric processes,
  and solar-terrestrial services and research.
  (b) STORM PROGRAM- Of the sums authorized under subsection (a), $3,000,000
  for fiscal year 1992 and $3,120,000 for fiscal year 1993 is authorized to
  be appropriated for the Stormscale Operational and Research Meteorology
  (STORM) program.
SEC. 303. CLIMATE SERVICES SYSTEM MODERNIZATION.
  (a) IMPLEMENTATION PLAN- The Secretary shall direct the Office of the
  Chief Scientist of the National Oceanic and Atmospheric Administration to
  prepare and submit to the Congress, not later than one year after the date
  of the enactment of this Act, a plan for the implementation of a nationwide
  climate services system and applied climatology program. Such plan shall
  include detailed requirements and schedules for the improvement of--
  (1) the timeliness of climate services,
  (2) the spatial coverage of weather observational networks,
  (3) the quality control of climate data,
  (4) access to climate data,
  (5) the use of climate data,
  (6) the coordination of Regional Climate Centers with Federal climate
  centers, and
  (7) private sector participation in providing climate services.
  (b) FUNDING- Of the sums authorized under section 301(a), $200,000 are
  authorized to be appropriated for fiscal year 1992 for the purposes of
  implementing subsection (a) of this section.
SEC. 304. OCEAN AND GREAT LAKES RESEARCH.
  (a) IN GENERAL- There are authorized to be appropriated to the Secretary
  for carrying out ocean and Great Lakes research activities of the National
  Oceanic and Atmospheric Administration under the Act entitled `An Act to
  define the function and duties of the Coast and Geodetic Survey, and for
  other purposes', approved August 6, 1947 (33 U.S.C. 883a et seq.), the
  Act entitled `An Act to increase the efficiency and reduce the expenses
  of the Signal Corps of the Army, and to transfer the Weather Bureau to
  the Department of Agriculture', approved October 1, 1890 (15 U.S.C. 311 et
  seq.), the National Sea Grant College Program Act (33 U.S.C. 1121 et seq.),
  and any other law involving those activities, $87,697,000 for fiscal year
  1992 and $91,205,000 for fiscal year 1993.
  (b) COOPERATIVE INSTITUTE FOR LIMNOLOGY AND ECOSYSTEMS RESEARCH- In
  addition to amounts authorized under subsection (a), there are authorized
  to be appropriated to the Office of Oceanic and Atmospheric Research of the
  National Oceanic and Atmospheric Administration $250,000 for fiscal year 1992
  and $260,000 for fiscal year 1993, for use by the Cooperative Institute for
  Limnology and Ecosystems Research (established in partnership with the State
  of Michigan and the Great Lakes Environmental Research Laboratory) for--
  (1) research conducted by the Institute;
  (2) development of the Institute; and
  (3) for preparation of a five-year plan for research and development.
  (c) LARGE LAKES RESEARCH-
  (1) IN GENERAL- In addition to amounts authorized under subsections (a)
  and (b), there are authorized to be appropriated to the Secretary for use
  by the Office of Oceanic and Atmospheric Research $2,000,000 for fiscal
  year 1992 and $2,080,000 for fiscal year 1993 for use for preparing a plan
  for large lakes research.
  (2) USE- Amounts appropriated under this subsection may be used for--
  (A) preparation of a five-year plan designating large lake study sites,
  research activities, and anticipated research products; and
  (B) collection of physical, chemical, and biological data required for
  preparing that plan.
  (3) COORDINATION- Activities conducted with amounts appropriated under
  this subsection shall be coordinated through the Great Lakes Environmental
  Research Laboratory, working in association with the Cooperative Institute
  for Limnology and Ecosystems Research and the National Undersea Research
  Program.
TITLE IV--NATIONAL WEATHER SERVICE
SEC. 401. OPERATIONS AND RESEARCH.
  (a) There are authorized to be appropriated to the Secretary to enable the
  National Oceanic and Atmospheric Administration to carry out the operations
  and research duties of the National Weather Service, $313,174,000 for
  fiscal year 1992 and $325,701,000 for fiscal year 1993. Such duties
  include meteorological, hydrological, and oceanographic public warnings
  and forecasts, as well as applied research in support of such warnings
  and forecasts, but do not include duties described in section 402.
  (b)(1) The Secretary shall direct the Office of the Chief Scientist of the
  National Oceanic and Atmospheric Administration to establish an advisory
  committee of tropical cyclone research experts to make recommendations
  for Atlantic tropical cyclone research activities and Atlantic tropical
  cyclone reconnaissance procedures.
  (2) The Secretary, working jointly with other agencies as appropriate
  and utilizing the expertise of the advisory committee established under
  paragraph (1), shall establish a 5-year program for collecting operational
  and reconnaissance data, conducting research, and analyzing data on Atlantic
  tropical cyclones to assist the forecast and warning program and increase
  the understanding of the causes and behavior of Atlantic tropical cyclones.
  (3) Within 120 days after the date of enactment of this Act, the Secretary
  shall develop and submit to the Congress a management plan for the program
  established under paragraph (2) which shall include organizational structure,
  goals, major tasks, and funding profiles for the five year duration of
  the program.
  (c) Of the sums authorized under subsection (a) of this section, $250,000
  for fiscal year 1992 and $260,000 for fiscal year 1993 is authorized to be
  appropriated for the purposes of implementing subsection (b) of this section.
SEC. 402. SYSTEMS ACQUISITION.
  (a) There are authorized to be appropriated to the Secretary to enable
  the National Oceanic and Atmospheric Administration to carry out the
  public warning and forecast systems duties of the National Weather Service,
  $209,725,000 for fiscal year 1992 and $218,114,000 for fiscal year 1993. Such
  duties include the development, acquisition, and implementation of major
  public warning and forecast systems.
  (b)(1) There are authorized to be appropriated to the Secretary for
  all fiscal years beginning after September 30, 1992, an aggregate
  of $196,956,000, to remain available until expended, to complete the
  acquisition and deployment of the Next Generation Weather Radar system,
  and to cover all associated activities (including program management and
  operations and maintenance through September 30, 1996).
  (2) Except as provided in paragraph (3), none of the funds appropriated
  under paragraph (1) may be obligated until the Secretary certifies to the
  Congress that--
  (A) the radars meet the technical performance specifications included in
  the system contract as in effect on October 1, 1990;
  (B) the system contract is viable, and the Secretary does not foresee any
  circumstances which would make its fulfillment impossible;
  (C) the system software is functional;
  (D) the system can be fully deployed, sited, and operational without
  requiring further appropriations beyond amounts authorized under paragraph
  (1); and
  (E) the Secretary does not foresee any further delays in the system
  deployment and operation schedule.
  (3) If the Secretary does not make a complete certification described in
  paragraph (2), funds appropriated under paragraph (1) may become available
  for obligation 30 days after the Secretary submits to the Committee on
  Science, Space, and Technology of the House of Representatives and the
  Committee on Commerce, Science, and Transportation of the Senate a report
  which describes--
  (A) the circumstances which prevent the certification under paragraph (2)
  from being complete;
  (B) remedial actions undertaken or to be undertaken with respect to such
  circumstances;
  (C) the effects of such circumstances on the deployment and operation
  schedule and radar coverage; and
  (D) a justification for proceeding with the program, if appropriate.
  (c)(1) There are authorized to be appropriated to the Secretary for
  all fiscal years beginning after September 30, 1992, an aggregate
  of $51,668,000, to remain available until expended, to complete the
  acquisition and deployment of the Automated Surface Observing Systems,
  and to cover all associated activities (including program management and
  operations and maintenance through September 30, 1996).
  (2) Except as provided in paragraph (3), none of the funds appropriated
  under paragraph (1) may be obligated until the Secretary certifies to the
  Congress that--
  (A) the systems meet the technical performance specifications included in
  the system contract as in effect on April 1, 1991;
  (B) the systems can be fully deployed, sited, and operational without
  requiring further appropriations beyond amounts authorized under paragraph
  (1); and
  (C) the Secretary does not foresee any further delays in the systems
  deployment and operation schedule.
  (3) If the Secretary does not make a complete certification described in
  paragraph (2), funds appropriated under paragraph (1) may become available
  for obligation 30 days after the Secretary submits to the Committee on
  Science, Space, and Technology of the House of Representatives and the
  Committee on Commerce, Science, and Transportation of the Senate a report
  which describes--
  (A) the circumstances which prevent the certification under paragraph (2)
  from being complete;
  (B) remedial actions undertaken or to be undertaken with respect to such
  circumstances;
  (C) the effects of the circumstances on the systems deployment and operation
  schedule and systems coverage; and
  (D) a justification for proceeding with the program, if appropriate.
SEC. 403. PUBLIC INSTITUTION LIAISON AND COMMUNITY PREPAREDNESS.
  In order to maintain liaison with public institutions, and to assist in
  community preparedness, the Secretary shall provide at least one National
  Weather Service liaison officer for each area receiving such public
  institution liaison and community preparedness services, as of the date of
  enactment of this Act, from a Weather Service Office (WSO), a Weather Service
  Meteorological Observatory (WSMO), or an Agricultural Weather Service Center
  (AWSC). Such liaison officer shall be provided for at least two years after
  the WSO, WSMO, or AWSC is closed, consolidated, automated, or relocated. The
  Secretary shall provide such areas with sufficient personnel to ensure
  that the modernization and associated restructuring of the National Weather
  Service do not result in a degradation in the level of public institution
  liaison and community preparedness services offered to such areas.
SEC. 404. WEATHER RADAR REMOVAL OR DEACTIVATION.
  (a) As part of its review of the National Weather Service's procedure
  for making certifications described in section 408(b) of the National
  Aeronautics and Space Administration Authorization Act, Fiscal Year 1989,
  the National Academy of Sciences shall identify those affected areas for
  which there is a significant doubt that the Secretary will be able to make
  such certification. Within 180 days following a certification for an area
  identified by the National Academy of Sciences, the Comptroller General of
  the United States shall submit a report reviewing such certification to the
  Committee on Commerce, Science, and Transportation of the Senate and the
  Committee of Science, Space, and Technology of the House of Representatives.
  (b) Section 408(a) of the National Aeronautics and Space Administration
  Authorization Act, Fiscal year 1989 is amended by inserting `or remove any
  National Weather Service radar (except for the purposes of upgrading such
  radar on-site)' after `Service Forecast Office'.
  (c) Section 408(b) of the National Aeronautics and Space Administration
  Authorization Act, Fiscal Year 1989 is amended--
  (1) by inserting `or remove any National Weather Service radar (except
  for the purposes of upgrading such radar on-site) after any such office';
  (2) by amending paragraph (3) to read as follows:
  `(3) evidence, based on a site-specific operational demonstration
  of modernized National Weather Service operations, including the Next
  Generation Weather Radar, for each office to be closed, consolidated,
  automated, or relocated, or each National Weather Service radar to be
  removed (except for the purposes of upgrading such radar on-site), which
  supports the conclusion that no degradation in services will result from
  such action.'; and
  (3) by inserting after paragraph (3) the following: `A certification under
  this subsection shall be initially prepared by the meteorologist-in-charge
  at the office to be closed, consolidated, automated, or relocated, or the
  National Weather Service radar to be removed (except for the purposes
  of upgrading such radar on-site), and the Secretary shall identify and
  explain any substantive differences between the certification as prepared
  by the meteorologist-in-charge and as submitted to the committees under
  this subsection.'.
TITLE V--NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION SERVICE
SEC. 501. SATELLITE OBSERVING SYSTEMS.
  (a) There are authorized to be appropriated to the Secretary to enable the
  National Oceanic and Atmospheric Administration to carry out its satellite
  observing systems duties $367,359,000 for fiscal year 1992 and $382,053,000
  for fiscal year 1993. Such duties include spacecraft procurement, launch,
  and associated ground station system changes involving polar orbiting and
  geostationary environmental satellites and land remote sensing satellites,
  as well as the operation of such satellites.
  (b) Of the sums authorized under subsection (a) of this section, $17,200,000
  for fiscal year 1992 are authorized to be appropriated for the operation
  of the Landsat satellite system.
  (c) Of the sums authorized under subsection (a) of this section, $5,000,000
  for fiscal year 1992 and $5,200,000 for fiscal year 1993 are authorized
  to be appropriated for the procurement of long-lead parts necessary for
  the construction of Landsat 7.
  (d)(1) There are authorized to be appropriated to the Secretary for
  all fiscal years beginning after September 30, 1992, an aggregate
  of $735,133,000, to remain available until expended, to complete the
  procurement of--
  (A) Geostationary Operational Environmental Satellites I, J, K, L, and M; and
  (B) the launching and supporting ground systems of such satellites.
  (2) Except as provided in paragraph (3), none of the funds appropriated
  under paragraph (1) may be obligated until the Secretary certifies to the
  Congress that--
  (A) the satellite instruments meet the technical performance specifications
  included in the satellite contract as in effect on October 1, 1990;
  (B) the procurement activities described in paragraph (1) can be completed
  without requiring further appropriations beyond amounts authorized under
  paragraph (1); and
  (C) the Secretary does not foresee any gaps in two-satellite service
  operations resulting from nonperformance of any contract for the procurement
  activities described in paragraph (1).
  (3) If the Secretary does not make a complete certification described in
  paragraph (2), funds appropriated under paragraph (1) may become available
  for obligation 30 days after the Secretary submits to the Committee on
  Science, Space, and Technology of the House of Representatives and the
  Committee on Commerce, Science, and Transportation of the Senate a report
  which describes--
  (A) the circumstances which prevent the certification under paragraph (2)
  from being complete;
  (B) remedial actions undertaken or to be undertaken with respect to such
  circumstances;
  (C) the effects of such circumstances on the launch schedule and satellite
  coverage; and
  (D) a justification for proceeding with the program, if appropriate.
  (e)(1) There are authorized to be appropriated to the Secretary for
  all fiscal years beginning after September 30, 1992, an aggregate
  of $272,758,000, to remain available until expended, to complete the
  procurement of--
  (A) Polar Orbiting Environmental Satellites I, J, K, L, and M; and
  (B) the launching and supporting ground systems of such satellites.
  (2) Except as provided in paragraph (3), none of the funds appropriated
  under paragraph (1) may be obligated until the Secretary certifies to the
  Congress that--
  (A) the satellite instruments meet the technical performance specifications
  included in the satellite contract as in effect on October 1, 1990;
  (B) the procurement activities described in paragraph (1) can be completed
  without requiring further appropriations beyond amounts authorized under
  paragraph (1); and
  (C) the Secretary does not foresee any gaps in two-satellite service
  operations resulting from nonperformance of any contract for the procurement
  activities described in paragraph (1).
  (3) If the Secretary does not make a complete certification described in
  paragraph (2), funds appropriated under paragraph (1) may become available
  for obligation 30 days after the Secretary submits to the Committee on
  Science, Space, and Technology of the House of Representatives and the
  Committee on Commerce, Science, and Transportation of the Senate a report
  which describes--
  (A) the circumstances which prevent the certification under paragraph (2)
  from being complete;
  (B) remedial actions undertaken or to be undertaken with respect to such
  circumstances;
  (C) the effects of such circumstances on the launch schedule and satellite
  coverage; and
  (D) a justification for proceeding with the program, if appropriate.
SEC. 502. ENVIRONMENTAL DATA MANAGEMENT.
  There are authorized to be appropriated to the Secretary to enable the
  National Oceanic and Atmospheric Administration to fund those duties
  relating to data and information services, $33,812,000 for fiscal year
  1992 and $35,164,000 for fiscal year 1993. Such duties include climate data
  services, ocean data services, geophysical data services, and environmental
  assessment and information services.
SEC. 503. TRANSFER OF ARCHIVING RESPONSIBILITY FOR LAND REMOTE-SENSING DATA.
  (a) FINDINGS- The Congress finds that--
  (1) section 602 of the Land Remote-Sensing Commercialization Act of 1984
  (15 U.S.C. 4272) directs the Secretary of Commerce to provide for the
  archiving of land remote-sensing data for historical, scientific, and
  technical purposes, including long-term global environmental monitoring;
  (2) the Secretary of Commerce currently provides for the archiving of
  Landsat data at the Department of the Interior's EROS Data Center, which
  is consistent with the requirement of such section 602(g) to use existing
  Federal Government facilities to the maximum extent practicable in carrying
  out this archiving responsibility;
  (3) the Landsat data collected since 1972 are an important global data
  set for monitoring and assessing land resources and global change;
  (4) the Secretary of the Interior maintains archives of aerial photography,
  digital cartographic data, and other Earth science data at the EROS Data
  Center that also are important data sets for monitoring and assessing land
  resources and global change;
  (5) it is appropriate to transfer authority for section 602 of the Land
  Remote-Sensing Commercialization Act of 1984 to the Secretary of the
  Interior; and
  (6) the Secretary of the Interior should explore ways to facilitate the use
  of archiving data for research purposes consistent with other provisions
  of such Act.
  (b) AMENDMENTS- The Land Remote-Sensing Commercialization Act of 1984
  is amended--
  (1) in section 402(b)(4), by inserting `of the Interior' after `Secretary';
  (2) in section 602 (b), (c), (d), (f), and (g), by inserting `of the
  Interior' after `Secretary' each place it appears; and
  (3) by adding at the end of section 602 the following new subsection:
  `(h) In carrying out the functions of this section, the Secretary of
  the Interior shall consult with the Secretary to ensure that archiving
  activities are consistent with the terms and conditions of any contract
  or agreement entered into under title II, III, or V of this Act and with
  any license issued under title IV of this Act.'.
TITLE VI--BUY AMERICA PROVISIONS
SEC. 601. BUY AMERICA PROVISIONS.
  (a) RESTRICTIONS ON CONTRACT AWARDS- No contract or subcontract made
  with funds authorized under this Act may be awarded for the procurement
  of an article, material, or supply produced or manufactured in a foreign
  country whose government unfairly maintains in government procurement a
  significant and persistent pattern or practice of discrimination against
  United States products or services which results in identifiable harm
  to United States businesses, as identified by the President pursuant to
  subsection (g)(1)(A) of section 305 of the Trade Agreements Act of 1979 (19
  U.S.C. 2515(g)(1)(A)). Any such determination shall be made in accordance
  with such section 305.
  (b) PROHIBITION AGAINST FRAUDULENT USE OF `MADE IN AMERICA' LABELS- If it
  has been finally determined by a court or Federal agency that any person
  intentionally affixed a label bearing a `Made in America' inscription, or an
  inscription with the same meaning, to any product sold in or shipped to the
  United States that is not made in the United States, that person shall be
  ineligible to receive any contract or subcontract from the National Oceanic
  and Atmospheric Administration, pursuant to the debarment, suspension,
  and ineligibility procedures in subpart 9.4 of chapter 1 of title 48,
  Code of Federal Regulations.
  (c) BUY AMERICAN REQUIREMENT- (1) The Secretary is authorized to award to
  a domestic firm a contract for the purchase of goods that, under the use
  of competitive procedures, would be awarded to a foreign firm, if--
  (A) the final product of the domestic firm will be completely assembled
  in the United States;
  (B) when completely assembled, more than 50 percent of the final product
  of the domestic firm will be domestically produced; and
  (C) the difference between the bids submitted by the foreign and domestic
  firms is not more than six percent.
  (2) This subsection shall not apply to the extent to which--
  (A) in the opinion of the Secretary, after taking into consideration
  international obligations and trade relations, such applicability would
  not be in the public interest;
  (B) in the opinion of the Secretary, after consultation with the Secretary
  of Defense, compelling national security considerations require otherwise; or
  (C) the President determines that such an award would be in violation of
  the General Agreement on Tariffs and Trade or an international agreement
  to which the United States is a party.
  (3) This subsection shall apply only to contracts made for which--
  (A) amounts are authorized by this Act to be made available; and
  (B) solicitations for bids are issued after the date of enactment of
  this Act.
  (4) The Secretary, before January 1, 1993, shall report to the Congress
  on contracts covered under this subsection--
  (A) entered into with foreign firms pursuant to a determination made under
  paragraph (2) of this subsection; and
  (B) awarded to domestic firms pursuant to paragraph (1) of this subsection,
  in fiscal years 1991 and 1992.
  (5) For the purposes of this subsection--
  (A) the term `domestic firm' means a business entity that is incorporated
  in the United States and that conducts business operations in the United
  States; and
  (B) the term `foreign firm' means a business entity not described in
  subparagraph (A).
TITLE VII--TROPICAL CYCLONE RESEARCH PROGRAM
SEC. 701. SHORT TITLE.
  This title may be cited as the `Tropical Cyclone Research Act of 1991'.
SEC. 702. FINDINGS.
  The Congress finds that--
  (1) many areas of the United States, including those bordering the Atlantic
  Ocean and Gulf of Mexico, rely on data provided by the Department of Defense
  through the Air Force WC-130 weather reconnaissance aircraft to predict
  the intensity, speed, and direction of movement of tropical cyclones,
  including hurricanes and tropical storms;
  (2) these same areas also rely on data collected by the Department of
  Commerce through the National Oceanic and Atmospheric Administration's
  satellite, radar, aircraft, and buoy technologies to predict tropical
  cyclone behavior and to conduct research on improving forecasts and warnings;
  (3) satellites, including the Geostationary Operational Environmental
  Satellites, are an important source of tropical cyclone information,
  but they cannot provide the same quality of information as is supplied by
  weather reconnaissance aircraft;
  (4) there is currently only one Geostationary Operational Environmental
  Satellite positioned over the United States and the loss of its ability
  to collect data would severely restrict tropical cyclone information
  gathering; and
  (5) a vigorous research program in tropical cyclone behavior and forecasting
  is important if the accuracy of prediction of tropical cyclones is to be
  significantly improved.
SEC. 703. ESTABLISHMENT OF PROGRAM.
  The Secretary of Defense and the Secretary of Commerce shall establish a
  five-year joint program which expands the plan established in section 401(b)
  for collecting operational and reconnaissance data, conducting research,
  and analyzing data on tropical cyclones to assist the forecast and warning
  program and increase the understanding of the causes and behavior of
  tropical cyclones.
SEC. 704. RESPONSIBILITIES.
  (a) The Secretary of Defense shall have the responsibility for maintaining,
  flying, and funding tropical cyclone reconnaissance aircraft to accomplish
  the program established under section 401(b)(2) and to transfer the data
  to the Secretary of Commerce, unless a joint agreement is reached, with
  the approval of both the transfer of such responsibility to an appropriate
  Federal agency or department.
  (b) The Secretary of Commerce shall have the responsibility of funding and
  carrying out data gathering and research by remote sensing, ground sensing,
  and other technologies necessary to accomplish the program established
  under section 703.
SEC. 705. MANAGEMENT PLANS.
  (a) The Secretary of Defense and the Secretary of Commerce shall jointly
  develop, and, within 120 days after the date of enactment of this Act, submit
  to the Congress, a management plan for the program established under section
  703 and section 401(b), which shall include organizational structure, goals,
  major tasks, and funding profiles for the five-year duration of the program.
  (b) The Secretary of Defense and the Secretary of Commerce shall jointly
  develop, and, within four years after the date of enactment of this Act,
  submit to the Congress, a management plan providing for continued tropical
  cyclone surveillance and reconnaissance which will adequately protect the
  citizens of the coastal areas of the United States.
  (c) The management plan and program shall provide for a minimum of the same
  level and quality of protection as the current tropical cyclone surveillance
  and reconnaissance program. The management plan and program shall in no
  way allow any reduction in the level, quality, timeliness, sustainability
  and area served, including the Hawaiian Islands, of both the existing
  principal and backup severe storm reconnaissance and tracking systems.
TITLE VIII--PROGRAM SUPPORT
SEC. 801. ADMINISTRATION AND SERVICES.
  There are authorized to be appropriated to the Secretary for carrying out
  executive direction and administrative activities of the National Oceanic
  and Atmospheric Administration (including management, administrative
  support, provision of retired pay of National Oceanic and Atmospheric
  Administration commissioned officers, and policy development) under the
  Act entitled `An Act to clarify the status and benefits of commissioned
  officers of the National Oceanic and Atmospheric Administration, and for
  other purposes', approved December 31, 1970 (33 U.S.C. 857-1 et seq.),
  and any other law involving those activities, not more than $72,837,000
  for fiscal year 1992 and $75,750,000 for fiscal year 1993.
SEC. 802. FACILITIES.
  (a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for acquisition, construction, maintenance, and operation
  of facilities of the National Oceanic and Atmospheric Administration under
  any law involving those activities, $10,502,000 for fiscal year 1992 and
  $10,922,000 for fiscal year 1993.
  (b) ACQUISITION OF SPACE- The Secretary shall acquire space from the
  Administrator of General Services on Near Island in Kodiak, Alaska, that
  meets the long-term space needs of the National Oceanic and Atmospheric
  Administration, if the maximum annual cost of leasing the building in
  which the space is located is not more than $1,000,000.
SEC. 803. MARINE SERVICES.
  (a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
  appropriated to the Secretary for carrying out marine services activities
  of the National Oceanic and Atmospheric Administration (including ship
  operations, maintenance, and support) under the Act entitled `An Act to
  define the functions and duties of the Coast and Geodetic Survey, and
  for other purposes', approved August 6, 1947 (33 U.S.C. 883a et seq.),
  and any other law involving those activities, $68,872,000 for fiscal year
  1992 and $71,627,000 for fiscal year 1993.
  (b) VESSEL ALBATROSS IV-
  (1) AUTHORIZATION OF APPROPRIATIONS- In addition to sums authorized in
  subsection (a), there are authorized to be appropriated to the Secretary
  $1,500,000 for fiscal year 1992 and $1,560,000 for fiscal year 1993 for
  the reactivation and operation of the research vessel ALBATROSS IV.
  (2) REACTIVATION- If on the date of the enactment of this Act the research
  vessel ALBATROSS IV is not in active service, the Secretary, subject to
  the availability of appropriations under this subsection, shall reactivate
  that vessel.
  (c) PROHIBITION OF VESSEL DEACTIVATION- Unless necessary for safety reasons,
  the Secretary shall not deactivate any research vessel of the National
  Oceanic and Atmospheric Administration, including the ALBATROSS IV (if
  active), until an equivalent replacement vessel is operational.
  (d) RESTRICTION ON CONSTRUCTION OR REPAIR OF VESSELS IN FOREIGN SHIPYARDS-
  (1) CONSTRUCTION-
  (A) IN GENERAL- Except as provided in subparagraph (B), no vessel to
  be constructed for the National Oceanic and Atmospheric Administration,
  and no major component of the hull or superstructure of such a vessel,
  may be constructed in a foreign shipyard.
  (B) EXCEPTIONS- Notwithstanding any other provision of this Act, the
  President may authorize the construction of a vessel for the National Oceanic
  and Atmospheric Administration (including procurement of articles, materials,
  or supplies) in a foreign shipyard if the President determines that it
  is in the national security interest of the United States to do so. The
  President shall transmit notice to the Congress of that determination,
  and no contract may be made pursuant to the exception authorized until
  the end of the 30-day period beginning on the date the notice of the
  determination is received by the Congress.
  (2) VESSELS HOMEPORTED IN UNITED STATES-
  (A) IN GENERAL- A vessel of the National Oceanic and Atmospheric
  Administration the homeport of which is in the United States may not be
  overhauled, repaired, or maintained in a shipyard outside the United States.
  (B) LIMITATION- Subparagraph (A) and section 601 do not apply in the case
  of voyage repairs.
  (e) INTEROPERABILITY- The Secretary shall consult with the Oceanographer
  of the Navy regarding appropriate measures that should be taken to ensure
  that vessels of the National Oceanic and Atmospheric Administration are
  interoperable with vessels of the Department of the Navy, including with
  respect to operation, maintenance, and repair of those vessels.
SEC. 804. NOAA FLEET MODERNIZATION.
  (a) AUTHORIZATION OF APPROPRIATIONS- In addition to amounts authorized
  by section 803, there are authorized to be appropriated to the Secretary
  for modernization of the National Oceanic and Atmospheric Administration
  fleet $50,000,000 for fiscal year 1992 and $52,000,000 for fiscal year 1993.
  (b) USE OF AMOUNTS APPROPRIATED- Amounts appropriated pursuant to this
  section shall be used for--
  (1) service life extensions and critical maintenance;
  (2) the replacement of fisheries research vessels and the design of new
  oceanographic vessels; and
  (3) instrument upgrades and purchase of equipment for research vessels.
  (c) PLAN- Not later than 90 days after the date of the enactment of this Act,
  the Secretary shall submit to the Congress a detailed fleet replacement and
  modernization plan, including a schedule of anticipated modernizations,
  acquisitions of vessels, acquisitions of scientific instruments, hiring
  of additional personnel, and annual funding requirements for carrying out
  the plan.
  (d) CONTRACT AUTHORITY-
  (1) IN GENERAL- Subject to paragraphs (2), (3), and (4), and notwithstanding
  section 1341 of title 31, United States Code, and section 3732 of the
  Revised Statutes of the United States (41 U.S.C. 11), the Secretary may
  acquire vessels of the National Oceanic and Atmospheric Administration
  fleet by purchase, lease, lease-purchase, or otherwise, under one or more
  multiyear contracts.
  (2) SUBMISSION OF PLAN- The Secretary may not enter into any contract
  pursuant to this subsection before the date of the submission to the
  Congress of a plan pursuant to subsection (c).
  (3) REQUIRED FINDINGS- The Secretary may not enter into a contract
  pursuant to this subsection unless the Secretary finds with respect to
  that contract that--
  (A) there is a reasonable expectation that throughout the contemplated
  contract period the Secretary will request from the Congress funding for
  the contract at the level required to avoid contract termination, and
  (B) the use of the contract will promote the best interests of the United
  States by encouraging competition and promoting economic efficiency in
  the operation of the National Oceanic and Atmospheric Administration fleet.
  (4) REQUIRED CONTRACT PROVISIONS- The Secretary may not enter into a
  contract pursuant to this subsection unless the contract includes--
  (A) a provision under which the obligation of the United States to
  make payments under the contract for any fiscal year is subject to the
  availability of appropriations provided in advance for those payments;
  (B) a provision which specifies the term of effectiveness of the contract;
  and
  (C) appropriate provisions under which in case of any termination of the
  contract before the end of the term specified pursuant to subparagraph
  (B), the United States shall only be liable for the lesser of--
  (i) an amount specified in the contract for such a termination; or
  (ii) amounts which--
  (I) were appropriated before the date of the termination, for the performance
  of the contract or for procurement of the type of acquisition covered by
  the contract; and
  (II) are unobligated on the date of the termination.
SEC. 805. AIRCRAFT SERVICES.
  There are authorized to be appropriated to the Secretary for carrying
  out aircraft services activities of the National Oceanic and Atmospheric
  Administration (including aircraft operations, maintenance, and support)
  under the Act entitled `An Act to increase the efficiency and reduce the
  expenses of the Signal Corps of the Army, and to transfer the Weather
  Bureau to the Department of Agriculture', approved October 1, 1890 (15
  U.S.C. 311 et seq.), and under any other law involving those activities,
  $9,365,000 for fiscal year 1992 and $10,336,000 for fiscal year 1993.
TITLE IX--MISCELLANEOUS PROVISIONS
SEC. 901. NOTICE OF REPROGRAMMING, REORGANIZATION, OR NEW INITIATIVE.
  (a) NOTICE OF REPROGRAMMING- The Secretary shall provide notice to the
  Committees on Merchant Marine and Fisheries, Science, Space, and Technology,
  and Appropriations of the House of Representatives, and the Committees
  on Commerce, Science, and Transportation and Appropriations of the Senate
  not less than 30 days before reprogramming funds available for a program,
  project, or activity of the National Oceanic and Atmospheric Administration
  in an amount greater than the lesser of--
  (1) $500,000;
  (2) ten percent of the total funding of any program, project, or activity
  to which the funds are reprogrammed; or
  (3) five percent of the total funding of any program, project, or activity
  from which the funds are reprogrammed.
  (b) NOTICE OF REORGANIZATION- The Secretary shall provide notice to the
  Committees on Merchant Marine and Fisheries, Science, Space, and Technology,
  and Appropriations of the House of Representatives, and the Committees on
  Commerce, Science, and Transportation and Appropriations of the Senate
  not later than 30 days before any major reorganization of any program,
  project, or activity of the National Oceanic and Atmospheric Administration.
  (c) NOTICE OF NEW PROGRAM-
  (1) NOTICE- Not later than the date of submission to the Congress of the
  President's budget request for each fiscal year, the Secretary shall provide
  notice to the Committees on Merchant Marine and Fisheries, Science, Space,
  and Technology, and Appropriations of the House of Representatives, and the
  Committees on Commerce, Science, and Transportation and Appropriations of the
  Senate, of any new program, project, or activity of the National Oceanic and
  Atmospheric Administration for which the Secretary is requesting funding for
  that fiscal year and for which funds have not previously been appropriated,
  unless that program, project, or activity is specifically authorized by law.
  (2) CONTENTS OF NOTICE- A notice under paragraph (1) shall include for
  each program, project, or activity that is the subject of the notice--
  (A) a detailed description;
  (B) a statement of the purpose; and
  (C) an accounting of proposed expenditures.
  (3) RELATIONSHIP TO OTHER REQUIREMENT- Notice under this subsection shall
  be in addition to, and shall be provided separately from, any information
  provided in the President's budget request.
SEC. 902. AUDIT OF DAMAGE ASSESSMENT AND RESTORATION ACTIVITIES.
  (a) AUDIT REQUIREMENT- As soon as practicable after the end of each fiscal
  year, the Comptroller General shall submit to the Congress, for that fiscal
  year, an audit of--
  (1) natural resource damage assessment and restoration activities of
  the National Oceanic and Atmospheric Administration conducted pursuant
  to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the
  Comprehensive Environmental Response, Compensation, and Liability Act of
  1980 (42 U.S.C. 9601 et seq.), title I of the Oil Pollution Act of 1990
  (33 U.S.C. 2701 et seq.), and title III of the Marine Protection, Research,
  and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.); and
  (2) the Damage Assessment and Restoration Revolving Fund established under
  Public Law 101-515.
  (b) AUDIT CONTENTS- Each audit under this section shall include for the
  period covered by the audit--
  (1) a statement of all funds appropriated or transferred to the National
  Oceanic and Atmospheric Administration for damage assessment and restoration
  referred to in subsection (a)(1), including--
  (A) amounts appropriated directly to the Operations, Research, and Facilities
  Account, and
  (B) amounts transferred to that account from the fund referred to in
  subsection (a)(2);
  (2) a statement of amounts reprogrammed for that damage assessment and
  restoration from other programs, projects, or activities of the National
  Oceanic and Atmospheric Administration;
  (3) an accounting of expenditures for damage assessment and restoration;
  including an accounting of repayments made, if any, to other programs,
  projects, or activities from which amounts have been reprogrammed to carry
  out damage assessment or restoration;
  (4) a statement of all deposits into and transfers from the fund referred
  to in subsection (a)(2); and
  (5) any additional information requested in a timely fashion by the Committee
  on Merchant Marine and Fisheries of the House of Representatives or the
  Committee on Commerce, Science, and Transportation of the Senate.
  (c) COORDINATION WITH OTHER AUDITS- The Comptroller General shall coordinate
  the audits conducted under this section with any audits conducted under
  the Chief Financial Officers Act of 1990 (Public Law 101-576).
SEC. 903. REPORT ON TWO-YEAR BUDGET CYCLE.
  Not later than 90 days after the date of the enactment of this Act, the
  Secretary shall submit to the Congress a report containing--
  (1) the Secretary's views on the advantages and disadvantages of operating
  the National Oceanic and Atmospheric Administration on a two-year budget
  cycle; and
  (2) a description of any impediments (statutory or otherwise) to converting
  the operations of the National Oceanic and Atmospheric Administration to
  a two-year budget cycle beginning in fiscal year 1994.
SEC. 904. PRICE FREEZE ON CHARTS AND OTHER PRODUCTS OF NOAA.
  Notwithstanding section 1307 of title 44, United States Code, the price of
  nautical charts or other nautical products produced or published by the
  National Oceanic and Atmospheric Administration and sold after the date
  of the enactment of this Act shall not exceed the price of that type of
  chart or product on the date of enactment of this Act adjusted for inflation.
SEC. 905. REPORT ON SATELLITE OCEANOGRAPHY.
  (a) IN GENERAL- The Committee on Earth and Environmental Sciences of
  the Federal Coordinating Council for Science, Engineering, and Technology
  (hereinafter in this section referred to as the `Committee'), in consultation
  with Federal, academic, and commercial users of remotely sensed data,
  shall consider and develop detailed findings and recommendations regarding--
  (1) the most urgent current needs of oceanographic researchers within the
  Federal Government, the academic community, and the private sector, for
  remote sensing capabilities and remotely sensed data, including findings
  regarding the present inadequacies in these capabilities and data; and
  (2) the major goals of satellite oceanography for the next ten years.
  (b) REPORT- Not later than one year after the date of the enactment of this
  Act, the Committee shall submit to the Congress a report which describes
  the findings and recommendations of the Committee. The report shall include
  recommendations for, or a description of actions being taken toward--
  (1) correcting inadequacies in remote sensing capabilities;
  (2) improving availability of remotely sensed data; and
  (3) achieving the major goals of satellite oceanography developed pursuant
  to subsection (a)(2).
SEC. 906. REPORT ON SATELLITE CAPABILITIES FOR FISHERIES ENFORCEMENT.
  (a) IN GENERAL- Not later than six months after the date of the enactment
  of this Act, the Secretary, in consultation with the heads of other Federal
  agencies, shall prepare and submit to the Committee on Merchant Marine and
  Fisheries of the House of Representatives and the Committee on Commerce,
  Science, and Transportation of the Senate, a report describing how current
  and planned satellite capabilities of the Federal Government can aid in
  the enforcement of Federal fisheries laws and international fisheries
  conservation programs.
  (b) REPORT CONTENTS- The report under subsection (a) shall include
  consideration of--
  (1) active, transponder-based systems and passive, vessel signature-based
  technologies capable of localizing or identifying individual vessels
  without the use of vessel-carried transmitters;
  (2) the resolution, coverage periods, and all-weather effectiveness of each
  technology and the real-time data delivery capacity of the various systems;
  (3) a description of the technological requirements (including data
  processing and transfer procedures) and institutional requirements necessary
  to transfer satellite data to end users for management and enforcement
  purposes; and
  (4) the status of foreign civil satellites and the feasibility of their
  application to international vessel location and monitoring.
SEC. 907. COOPERATIVE INSTITUTE OF FISHERIES OCEANOGRAPHY.
  (a) ESTABLISHMENT- There is established within the National Oceanic and
  Atmospheric Administration a Cooperative Institute of Fisheries Oceanography
  (hereinafter in this section referred to as the `Institute'), in partnership
  with Duke University and the Consolidated University of North Carolina.
  (b) AUTHORIZATION- There are authorized to be appropriated to the Secretary
  $525,000 for fiscal year 1992 and $546,000 for fiscal year 1993, to remain
  available until expended, for use for activities of the Institute.
  (c) USE OF AMOUNTS APPROPRIATED- Amounts appropriated pursuant to subsection
  (b) may be used for--
  (1) administration of the Institute;
  (2) research conducted by the Institute; and
  (3) preparation of a five-year plan for research and for development of
  the Institute.
  (d) REPORT- Within one year after the date of the enactment of this Act, the
  Institute shall submit to the Congress and the Under Secretary of Commerce
  for Oceans and Atmosphere the plan developed pursuant to subsection (c)(3).
SEC. 908. ACQUISITION OF SPACE.
  The Secretary shall acquire space from the Administrator of General Services
  in the area of Newport News-Norfolk, Virginia, for use for consolidating and
  meeting the long-term space needs of the National Oceanic and Atmospheric
  Administration in a cost effective manner. In order to acquire this space,
  the Administrator of General Services may, with the Secretary's consent,
  exchange real property owned by the Department of Commerce for other real
  property, including improvements to that property, in that area.
SEC. 909. NOAA FINANCIAL ASSISTANCE.
  (a) PREPARATION OF FINANCIAL ASSISTANCE POLICY MANUAL- Not later than 90 days
  after the date of the enactment of this Act, the Secretary shall complete
  preparation of and make publicly available a manual which describes the
  requirements with which recipients of financial assistance administered
  by the National Oceanic and Atmospheric Administration must comply.
  (b) FINANCIAL ASSISTANCE REVIEW BOARD- After the date of the enactment of
  this Act, financial assistance administered by the National Oceanic and
  Atmospheric Administration shall not be subject to review by the board
  known as the Financial Assistance Review Board.
  (c) NONDISCRETIONARY ASSISTANCE PROGRAMS- Not later than 14 days after the
  date on which the Secretary receives an application for financial assistance
  provided under a nondiscretionary assistance program administered by the
  National Oceanic and Atmospheric Administration, the Secretary shall indicate
  in writing to the applicant whether or not the application is complete and,
  if not complete, shall specify the additional material that the applicant
  must provide to complete the application. Not later than 90 days after
  the date on which the Secretary receives all information necessary for a
  complete application, the Secretary shall--
  (1) process and approve or disapprove the application; or
  (2) submit to the applicant, the Committee on Merchant Marine and Fisheries
  of the House of Representatives, and the Committee on Commerce, Science,
  and Transportation of the Senate--
  (A) an explanation of the reasons the application cannot be approved or
  disapproved within that 90-day period; and
  (B) a projected schedule for completing review of the application.
  (d) EXEMPTION- Notwithstanding any other provision of law, financial
  assistance provided under a program for which the recipient of such financial
  assistance is specified by statute to be, or has customarily been, a State
  or an interstate fishery commission (including such financial assistance
  provided under the Cooperative Fisheries Statistics Program administered by
  the National Marine Fisheries Service, the Interjurisdictional Fisheries
  Act (16 U.S.C. 4102 et seq.), or the Anadromous Fish Conservation Act (16
  U.S.C. 757a et seq.)) may be provided by the Secretary to that recipient
  on a sole-source basis.
  (e) DEFINITIONS- In this section--
  (1) the term `interstate fishery commission' means
  (A) the commission established by the Atlantic States Marine Fisheries
  Compact, as consented to and approved by Public Law 77-539 (56 Stat. 267);
  (B) the commission established by the Pacific Marine Fisheries Compact,
  as consented to and approved by Public Law 80-232 (61 Stat. 419); and
  (C) the commission established by the Gulf States Marine Fisheries Compact,
  as consented to and approved by Public Law 81-66 (63 Stat. 70); and
  (2) the term `nondiscretionary assistance program' means any program for
  providing financial assistance--
  (A) under which the amount of funding for, and the intended recipient of,
  for the financial assistance is specified by statute, including programs
  of financial assistance--
  (i) for Regional Fishery Management Councils under the Magnuson Fishery
  Conservation and Management Act (16 U.S.C. 1801 et seq.); and
  (ii) for Columbia River fish hatcheries under the Act of May 11, 1938,
  commonly referred to as the `Mitchell Act' (16 U.S.C. 755 et seq.);
  (B) the recipients of which have customarily been a State or a  State
  Marine Fishery Commission, including financial assistance under the
  Cooperative Fisheries Statistics Program administered by the National
  Marine Fisheries Service;
  (C) under the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4102
  et seq.); or
  (D) under the Anadromous Fish Conservation Act (16 U.S.C. 757a et seq.).
SEC. 910. AQUATIC NUISANCE PREVENTION AND CONTROL PROGRAM.
  (a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary $11,000,000 for fiscal year 1992 and $11,440,000 for
  fiscal year 1993 for use in implementing the Nonindigenous Aquatic Nuisance
  Prevention and Control Act of 1990 (Public Law 101-646).
  (b) REPORT- Not later than one year after the date of the enactment of this
  Act, the Secretary shall submit a report to the Congress on progress toward
  establishing a  nonindigenous aquatic nuisance prevention and control
  program within the National Oceanic and Atmospheric Administration and
  projected funding for such a program for the following five fiscal years.
SEC. 911. RESTRICTION ON USE OF FUNDS.
  Amounts appropriated pursuant to this Act shall not be used for activities
  authorized separately under the Deep Seabed Hard Minerals Resources Act
  (30 U.S.C. 1401 et seq.).
SEC. 912. REPEAL OF NATIONAL OCEAN POLLUTION PLANNING ACT OF 1978.
  The National Ocean Pollution Planning Act of 1978 (33 U.S.C. 1701-1709)
  is repealed.
SEC. 913. MARINE EDUCATION GRANT.
  (a) GRANT AUTHORIZED- The Secretary may provide a grant of $304,000 to a
  qualified institution to develop and promote innovative post-secondary
  education and research in the field of seafood business management and
  vessel operations.
  (b) QUALIFIED INSTITUTION DEFINED- In this section, the term `qualified
  institution' means a nonprofit training institution that has a vessel
  operations programs approved by the Coast Guard pursuant to section 10.301
  of title 46, Code of Federal Regulations, and that has offered a program
  specialization on seafood management for at least three consecutive years.
SEC. 914. CHESAPEAKE BAY ESTUARINE RESOURCES OFFICE.
  (a) ESTABLISHMENT- (1) The Secretary shall establish, within the National
  Oceanic and Atmospheric Administration, an office to be known as the
  Chesapeake Bay Estuarine Resources Office (hereinafter in this section
  referred to as the `Office').
  (2) The Office shall be headed by a Director who shall be appointed by the
  Secretary, in consultation with the Chesapeake Bay Executive Council. Any
  individual appointed as Director shall have knowledge and experience in
  research or resource management efforts in the Chesapeake Bay.
  (3) The Director may appoint such additional personnel for the Office as
  the Director determines necessary to carry out this section.
  (b) FUNCTIONS- The Office, in consultation with the Chesapeake Bay Executive
  Council, shall--
  (1) provide technical assistance to the Secretary, to other Federal
  departments and agencies, and to State and local government agencies in--
  (A) assessing the processes that shape the Chesapeake Bay system and affect
  its living resources;
  (B) identifying technical and management alternatives for the restoration
  and protection of living resources and the habitats they depend upon; and
  (C) monitoring the implementation and effectiveness of management plans;
  (2) develop and implement a strategy for the National Oceanic and Atmospheric
  Administration that integrates the science, research, monitoring, data
  collection, regulatory, and management responsibilities of the Secretary
  in such a manner as to assist the cooperative, intergovernmental Chesapeake
  Bay Program to meet the commitments of the Chesapeake Bay Agreement;
  (3) coordinate the programs and activities of the various organizations
  within the National Oceanic and Atmospheric Administration and the
  Chesapeake Bay Regional Sea Grant Programs (including programs and
  activities in coastal and estuarine research, monitoring, and assessment;
  fisheries research and stock assessments; data management; remote sensing;
  coastal management; and habitat conservation);
  (4) coordinate the activities of the National Oceanic and Atmospheric
  Administration with the activities of the Environmental Protection Agency
  and other Federal, State, and local agencies;
  (5) establish an effective mechanism which shall ensure that projects have
  undergone appropriate peer review and provide other appropriate means to
  determine that projects have acceptable scientific and technical merit
  for the purpose of achieving maximum utilization of available funds and
  resources to benefit the Chesapeake Bay area;
  (6) remain cognizant of ongoing research, monitoring, and management
  projects and assist in the dissemination of the results and findings of
  those projects; and
  (7) submit a biennial report to the Congress and the Secretary with respect
  to the activities of the Office and on the progress made in protecting
  and restoring the living resources and habitat of the Chesapeake Bay.
  (c) BUDGET LINE ITEM- The Secretary shall submit, for inclusion in the
  President's annual budget to the Congress, as a separate budget line item,
  a funding request from the Administrator for the Office.
  (d) AUTHORIZATION OF APPROPRIATIONS- Section 2 of the National Oceanic
  and Atmospheric Administration Marine Fisheries Program Act (Public Law
  98-210), as amended by section 201, is further amended by adding at the
  end the following new subsection:
  `(d) Of the sums authorized under subsection (a), there are authorized to
  be appropriated $2,500,000 for fiscal year 1992 and $2,600,000 for fiscal
  year 1993 to enable the National Oceanic and Atmospheric Administration
  to establish the Chesapeake Bay Estuarine Resources Office under section
  914 of the National Oceanic and Atmospheric Administration Authorization
  Act of 1991. No more than 20 percent of the amount appropriated under the
  authorization in this subsection shall be used for administrative purposes.'.
  (e) CHESAPEAKE EXECUTIVE COUNCIL- For purposes of this section, `Chesapeake
  Executive Council' means the representatives from the Commonwealth
  of Virginia, the State of Maryland, the Commonwealth of Pennsylvania,
  the Environmental Protection Agency, the District of Columbia, and the
  Chesapeake Bay Commission, who are signatories to the Chesapeake Bay
  Agreement, and any future signatories to that Agreement.
SEC. 915. NOAA OIL AND HAZARDOUS SUBSTANCE SPILL COST REIMBURSEMENT.
  (a) TREATMENT OF AMOUNTS RECEIVED AS REIMBURSEMENT OF EXPENSES-
  Notwithstanding any other provision of law, amounts received by the
  United States as reimbursement of expenses related to oil or hazardous
  substance spill response activities, or natural resource damage assessment,
  restoration, rehabilitation, replacement, or acquisition activities,
  conducted (or to be conducted) by the National Oceanic and Atmospheric
  Administration--
  (1) shall be deposited into the Fund;
  (2) shall be available, without fiscal year limitation and without
  apportionment, for use in accordance with the law under which the activities
  are conducted; and
  (3) shall not be considered to be an augmentation of appropriations.
  (b) APPLICATION- Subsection (a) shall apply to amounts described in
  subsection (a) that are received--
  (1) after the date of the enactment of this Act; or
  (2) with respect to the oil spill associated with the grounding of the
  EXXON VALDEZ.
  (c) DEFINITIONS- For purposes of this section--
  (1) the term `Fund' means the Damage Assessment and Restoration Revolving
  Fund of the National Oceanic and Atmospheric Administration referred to
  in title I of Public Law 101-515 under the heading `National Oceanic and
  Atmospheric Administration' (104 Stat. 2105); and
  (2) the term `expenses' includes incremental and base salaries, ships,
  aircraft, and associated indirect costs, except the term does not include
  base salaries and benefits of National Oceanic and Atmospheric Administration
  Support Coordinators.
SEC. 916. PROPERTY IN EUREKA, CALIFORNIA.
  Notwithstanding any other law, any property and improvements to that property
  located on Woodley Island in the city of Eureka, California, that are--
  (1) acquired by the Secretary from Humbolt Bay Harbor Recreation and
  Conservation District, California, for use as a weather forecasting
  office, and
  (2) determined by the Secretary to be excess property,
shall revert to that district.

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