SECTION 4 OF THE INTERVENTION ON THE HIGH SEAS ACT (33 U.S.C. 1473) SEC. (a) The Secretary, after consultation with the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration, shall determine when a substance other than those enumerated in the protocol is liable to create a hazard to human health, to harm living resources, to damage amenities, or to interfere with other legitimate uses of the sea. In determining whether there is grave and imminent danger of major harmful consequences to the coastline or related interests of the United States, the Secretary shall consider the interests of the United States directly threatened or affected including but not limited to, human health, fish, shellfish, and other living marine resources, wildlife, coastal zone and estuarine activities, and public and private shorelines and beaches. SECTION 10 OF THE INTERVENTION OF THE HIGH SEAS ACT (33 U.S.C. 1479) SEC. 10. (a) The United States shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in section 3. (b) Actions against the United States seeking compensation for any excessive measures may be brought in the United States Court of Claims, in any district court of the United States, and in those courts. enumerated in section 460 of title 28, United States Code. For purposes of his Act, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii, and the Trust Territory of the Pacific Islands shall be included within the judicial districts of both the District Court of the United States for the District of Hawaii and the District court of Guam. (c) With respect to intervention for a substance identified pursuant to section 4(a), the United States has the burden of establishing that, under the circumstances present at the time of the intervention, the substance could reasonably pose a grave and imminent danger analogous to that posed by a substance enumerated in the protocol. SECTION 13 OF THE INTERVENTION ON THE HIGH SEAS ACT (33 U.S.C. 1482) SEC. 13. (a) The Secretary, in consultation with the Secretary of State and the Administrator of the Environmental Protection Agency, may nominate individuals to the list of experts provided for in article III of the convention[] and article II of the protocol and may propose amendments to the lest of substances other than convention oil in accordance with article III of the protocol. S.R. 785 (b) The Secretary of State, in consultation with the Secretary, shall designate or nominate, as appropriate and necessary, the negotiators. conciliators, or arbitrators provided for by the convention and the [annexes thereto] protocol. (c) The President may accept amendments to the list of substances other than convention oil in accordance with article III of the protocol. SECTION 15 OF THE INTERVENTION ON THE HIGH SEAS ACT (33 U.S.C. 1484) SEC. 15. This Act shall be interpreted and administered in a manner consistent with the convention, the protocol, and other international law. Except as specifically provided, nothing in this Act may be interpreted to prejudice any otherwise applicable right, duty, privilege, or immunity or deprive any country or person of any remedy otherwise applicable. S.R. 785 MAY 8 (legislative day, APRIL 24), 1978.-Ordered to be printed Mr. CANNON, from the Committee on Commerce, Science, and Transportation, submitted the following REPORT [To accompany H.R. 11232] The Committee on Commerce, Science, and Transportation, to which was referred the bill (H.R. 11232) to authorize appropriations to carry out the Standard Reference Data Act, having considered the same, reports favorably thereon with an amendment in the nature of a substitute and an amendment to the title, and recommends that the bill as amended do pass. PURPOSE AND BRIEF DESCRIPTION The purposes of the bill are to authorize appropriations to the Department of Commerce to carry out the provisions of the Standard Reference Data Act (Public Law 90-396) and to amend the Organic Act of the National Bureau of Standards (Public Law 56-177) to provide authorization through fiscal year 1981. The bill authorizes appropriations of $4 million, $5 million, and $6 million for fiscal years 1979, 1980, and 1981, respectively, for the Standard Reference Data Act, and such sums as may be necessary for fiscal years 1979, 1980, and 1981 for the National Bureau of Standards. BACKGROUND AND NEED STANDARD REFERENCE DATA ACT The Standard Reference Data Act of 1968 (Public Law 90-396) directs the Department of Commerce to establish a system for the "collection, compilation, critical evaluation, publication, and dissemi nation" of information on the physical and chemical properties of materials. This program, managed by the National Bureau of Standards, helps increase the productivity of scientists and engineers in their research and development activities. The act was previously amended in 1972 and 1975 to authorize additional appropriations. Reliable and readily accessible scientific and technical information is vital to scientists and engineers involved in research and development efforts. It is estimated that approximately 300,000 articles are published annually in the scientific literature which contain new measurement data on physical and chemical properties. Specialists at the National Bureau of Standards review this literature for relevant articles on the physical and chemical properties of specific materials and critically evaluate the accuracy and consistency of the data therein. The data is then compiled and published for use by scientists and engineers throughout Government, industry, and academia. The Bureau conducts its work mainly through 22 different data centers. Fourteen of these centers are part of the Bureau, with the remaining eight located in various universities and private institutions around the country. The main mechanism the Bureau employs to disseminate information is the "Journal of Physical and Chemical Reference Data." The Journal is published through a cooperative program with the American Institute of Physics and the American Chemical Society. In addition, the Bureau provides selected articles and publications on specific subjects. The Bureau program has been funded at approximately $3 million with an additional $2 million received in pass-through funds for "other agency" work. On occasion, the Bureau conducts a review of the chemical and physical properties data for particular industries for which it is reimbursed by the industry. For example, various firms involved in the production and use of ethylene collectively requested that the Bureau compile standard reference data on the properties of ethylene. A 5-year, $490,000 program was established for which the industry and the Bureau each contribute about half of the cost. With the vast amount of research conducted in the United States and worldwide, it is important that there be some standardization of research data. The standard reference data program is quite small. particularly in comparison to the level of research and development funded by Government and industry. However, its importance should not be underestimated. A National Academy of Sciences evaluation panel, which annually reviews the status and effectiveness of the Standard Reference Data program, has recommended since 1975 that the Bureau program be increased to a level of $15 million. In hearings before the committee, a $10 million level was recommended by a representative of the Statutory Visiting Committee. These recommendations, if implemented, would provide a three- to five-fold increase in the program. S.R. 786 The Bureau indicates that there is a need to expand the current program and initiate new activities to meet future data needs. The following areas are considered to be of high priority: Thermal data for organic, chemical and power industries; Fracture properties of structural materials; and While the committee is unable at this time to judge the merits of these proposed activities, it concurs with the recommendations of various panels and individuals that the Bureau program should be expanded, and that this growth should be at approximately 25 percent annually. The committee recommends authorizations of $4 million, $5 million, and $6 million for fiscal years 1979, 1980, and 1981, respectively, for the Standard Reference Data program. This authorization will permit continued support of ongoing efforts and the initiation of certain new activities to meet identified national needs. The committee expects the Bureau to be able to continue its effective work in compiling and evaluating research results and articles in the literature, while keeping to a minimum the research the Bureau actually conducts. An issue was raised dealing with the appropriate period for reauthorization of the Standard Reference Data Act. While the National Bureau of Standards operates on the basis of a continuing authorization, the Standard Reference Data Act has been reauthorized for periods of 3 years. The committee believes it is important to make the authorization period of the Standard Reference Data Act consistent with the authorization period of the Bureau. A 3-year authorization period through fiscal year 1981 is provided under the bill, and as discussed below, the bill would amend the Organic Act of the National Bureau of Standards to provide for an authorization of the Bureau through fiscal year 1981. REAUTHORIZATION OF THE NATIONAL BUREAU OF STANDARDS The National Bureau of Standards was created by statute in 1901. The Organic Act (Public Law 56-177), as amended in 1950, is the basis for the oldest national laboratory. Unlike other national laboratories, the Bureau is non-sector specific, and is not directly assignable to any single Government functional area, such as health, energy, transportation, or environment. Its capabiilties are applicable to a wide range of problems and are available for use by any other Federal agency. The basic mission of the Bureau is to develop national standards of measurement for use in scientific investigations, engineering, manufacturing and commerce. Historically, the Bureau has earned a reputation as an outstanding scientific and technical organization, and a valuable national resource. During the past several years, however, a number of concerns have been expressed about the state of health of the S.R. 786 |