# Presentation: 906146

## ...

***Working with Congress Successfully***

-  Stewart Harris
- Fisheries Team Lead
- NOAA Office of Legislative Affairs
- NOAA Leadership Seminar
- Airlie, Virginia
- March 22, 2005

## Overview

- Understanding how Congress works
- The NOAA Hill Strategy
- Why we need new NOAA Champions and Supporters
- Dynamics of the 109th Congress

## Why do I need to know about the Congress? 

**Notes:**
The Constitution gives Congress “the power of the purse” 
It oversees how the Executive Branch is organized and how it operates
It provides necessary legislative authorities. The Judicial branch is also important to
NOAA.  Increasingly, federal courts have told NOAA how to implement controversial regulations.

## How Congress Works

- Majority selects leadership at the beginning of each two-year Congress
- Authorization Committees provide legal basis for federal agencies to operate
- Appropriations Committees approve funding each fiscal year for federal agencies. Money bills originate in House

## 
House Resources 

House Science 

Senate Commerce, Science, and Transportation 

- House Resources
- House Science
- Senate Commerce, Science, and Transportation

- NOAA Authorizing Committees

**Notes:**
These are the major authorizing Committees. Later, I will discuss subcommittees—where the real work is done. 

## Surprise Reorganizations in 109th Congress

- Senate Commerce Committee expands from 7 to 10 subcommittees
- Science and Space: NESDIS
- Fisheries and the Coast Guard: NMFS *except MSA *
- Global Climate Change: NOAA climate change research programs
- Disaster Prevention and Prediction: National Weather Service
- National Ocean Policy Study: Ocean Commission Recommendations

**Notes:**
1⁄2 of the subcommittees will have jurisdiction over NOAA.
Global Climate Change will oversee all NOAA climate change research no matter the line office

## History of the Appropriations Committee

-               The _[constitutional](http://www.answers.com/main/ntquery;jsessionid=3c4tji9ktdkrn?method=4&dsid=2222&dekey=United+States+Constitution&gwp=8&curtab=2222_1&sbid=lc01a)__ basis for the              __	__	__  Appropriations Committee comes __	__	__  __	__  from __[Article one](http://www.answers.com/main/ntquery;jsessionid=3c4tji9ktdkrn?method=4&dsid=2222&dekey=Article+One+of+the+United+States+Constitution&gwp=8&curtab=2222_1&sbid=lc01a)__, Section nine, __	__	__  __	__  Clause seven of the U.S. __	__	__	__  __	__  Constitution, which states that:_
- No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.

## History of the House Appropriations Committee

- Created on _[December 11](http://www.answers.com/main/ntquery;jsessionid=3c4tji9ktdkrn?method=4&dsid=2222&dekey=December+11&gwp=8&curtab=2222_1&sbid=lc01a)__, __[1865](http://www.answers.com/main/ntquery;jsessionid=3c4tji9ktdkrn?method=4&dsid=2222&dekey=1865&gwp=8&curtab=2222_1&sbid=lc01a)__, when the House separated the tasks of the Committee on Ways and Means into three parts. _
- --The passage of legislation affecting taxes remained with Ways and Means.
- --The power to regulate banking was transferred to the Committee on Financial Services.
- --The power to appropriate money--to control the federal purse strings--was given to the newly-created Appropriations Committee.

## History of the Senate Appropriations Committee

-  It is a standing committee of the United States Senate. It is charged with managing budget and federal funding legislation in the Senate.
- Its role is defined by the U.S. Constitution, which requires "appropriations made by law" prior to the expenditure of any money from the Treasury.
- It was first organized on March 6, 1867.Both Committees have gone through numerous reorganizations, but the most recent one could have a profound impact on NOAA.** **

## Appropriations Reorganization a Surprise

- House Appropriations Committee **contracted **from 13 to 10 Subcommittees
- Senate appropriations Committee, despite opposition, eventually acceded to most changes
- In House, NOAA’s funding subcommittee has been renamed the *Science, State, Justice and Commerce Subcommittee*
- In the Senate, the funding subcommittee has been renamed the *Commerce, Justice and Science Subcommittee.*

## Appropriations Reorganization a Surprise

- NOAA will now be considered by both the Senate and House subcommittees with:
-                             =$16.5B FY ‘06 budget request
-                             =$5.6B FY ’06 budget request
-                                                                                                         			   =$3.6B FY ’06 budget request
**Although budget allocations should cover all of the requests, it is ultimately up to the Subcommittees to divvy up the money.**

## Appropriations Reorganization a Surprise

- Sen. Richard Shelby (R-AL) replaces Sen. Judd Gregg (R-NH) as chair of the NOAA funding subcommittee.  Alabama is home to the:
- Sen. Barbara Mikulski (D-MD) becomes the Ranking Democrat on the NOAA funding subcommittee.  Maryland is home to **both** major NASA facilities such as:
- 	and to NOAA. Sen. Mikulski has been a good friend to *both* agencies.

## Major Appropriations Reorganization

- Will the subcommittees see duplication?  This appeared on NASA’s Goddard Space Center web site recently:
- 					“NOVA Special on Hurricanes 				Learn how NASA uses its space 				assets to improve hurricane 					forecasts”
- How far will Appropriations Committee Members and NOAA champions Sens. Stevens (R-AK) and Gregg (R-NH) go in protecting NOAA in their new roles chairing non-NOAA related subcommittees?

**Notes:**
Sen. Stevens is chair of the Senate Appropriations Defense Subcommittee and Sen. Gregg is chair of the Homeland Security Subcommittee.

## NOAA’s Unique Hill Relationship

- Viewed as a “non-political” science- based agency
- Intense support from key leaders
- Positive public image—programs touch constituents lives daily
- Fisheries regulations causes most controversy and Member concerns

**Notes:**
House Science Committee subcommittee chair Rep. Vern Ehlers on a NOAA Corps Ship on Lake Michigan

## NOAA Benefits from Population Shifts

- Most significant gains has been in States with major NOAA programs:
-                   +7                +8               +5

- From 1980 to 2000, 28 new House seats have been created in Coastal states because of the in-migration to the coasts

**Notes:**
North Carolina, another coastal state, is now one of the fastest growing states in the nation

## Hill Interest in Oceans and Great Lakes Intense

- The Coastal Zone Management Act protects the interests of the 55 percent of all Americans who live with an hour’s drive of the coasts or Great Lakes.
- Americans want to Preserve “Sea to Shining Sea”

- Implementation of US Commission on Ocean Policy legislative recommendations will be a major priority of the 109th Congress
- NOAA needs to influence the Congressional response

## Hill interest in Weather

- Greater concern for Atlantic hurricanes, Southern California mudslides, and western drought
- Worldwide attention on tsunami prediction and warning

- NOAA Weather has also benefited from move to the Coasts

## NOAA’s relationship with non-voting insular island Delegates

- Guam, American Samoa, Puerto Rico and the U.S. Virgin Islands—all ocean dependent islands.
- The Northern Mariana Islands may be next to gain representation.
- They can sit on Committees and speak on the House floor.

**Notes:**
Almost all of the Delegates are now serving or have served on the House Resources Committee. For example, the American Samoan Delegate has served as the Ranking Democrat on the Fisheries and Oceans Subcommittee.

## How Does Legislative Affairs Work

- Pro-active  24/7/365
- Anticipate Member needs
- Communicate, communicate, communicate
-  Respond promptly
-    Get Members and staff into the field

**Notes:**
Hart Senate Office Building

## Organizational  Chart

**Notes:**
Director – Debbie Larson
Deputy – Brook Davis
Spec Asst – Howard Marks
Spec Projects – Luke Nachbar
Oceans – Jenn Labarre, April Roberts
Fisheries – Stew, Mike Francisco, Lauren Batte, Bridgett Chapin (SG), Carl Anderson (3/21)
Atmospheric – Scott Carter, Craig Montesano
Leg – Georgia McCarroll, Noel Turner
Spec Assn – Carrie Selberg

## Office Functions

- 	Hearing coordination:
- Selecting witnesses
- Managing testimony drafting
- Briefing witnesses
- Responding to post-hearing questions
- Reviewing hearing transcripts

## LA Office Functions (cont.)

- Legislative coordination:
- Drafting Assistance
- Monitoring bill and amendment introductions
- Maintaining communication with bill sponsors
- Coordinating Views Letters, Statement of Administration Policy and unofficial views

## LA Office Functions (cont.)

- 	Senate confirmations:
- Arrange nominee appointments with key Members and Staff
- Brief nominee on hearing process and possible questions
- Coordinate statement preparation
- Provide post-hearing information requested by Committee

## LA Office Functions (cont.)

- 	Communications:
- Initiate meetings and briefings with Members and Staff
- Respond *promptly* to Congressional inquiries
- Introduce key staff to NOAA through meetings, site visits and written materials
- Maintain website
- Keep DOC and NOAA leadership informed through written and oral reports

## How a NOAA Bill Really Becomes LawAn example from the 108th Congress

- Rep. Ehlers (R-MI) introduces legislation on April 29, 2003, to amend the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 to provide for scientific assessments of algal blooms and develop a national plan to reduce their harmful impacts (HR 1856).
- HR 1856 is reported out of Science Committee without a hearing and goes to House Resources subcommittee.
- NOS AA Rick Spinrad testifies
- Resources Committee discharges bill without taking a vote and it passes the House on July 7, 2004.

**Notes:**
Making life complicated for NOAA is the joint jurisdiction claimed by the Science and Resources Committee in the House over NOAA programs. 

## After passage in July, 2004, it is sent to the Senate where it sits.
A similar bill, S 247, by Sen Snowe (R-ME) was passed by the Senate on October 29, 2003 
Although there are informal staff discussions to reconcile minor differences between the two bills there is no call for a formal conference committee. This is typical of NOAA authorization bills.

- A similar bill, S 247, by Sen Snowe (R-ME) was passed by the Senate on October 29, 2003
- Although there are informal staff discussions to reconcile minor differences between the two bills there is no call for a formal conference committee. This is typical of NOAA authorization bills.

- How a NOAA Bill *Really* Becomes Law (cont.)

**Notes:**
Formal Conference Committees which consist of Senate and House members are regularly convened when minor legislation is involved. Usually, the staff or Members work out the differences over a cup of coffee.

The Decommissioned NOAA Corps Ship the WHITING which was transferred to the Mexican Navy for hydrographic surveying in the Mexican side of the Gulf of Mexico.

## How a NOAA Bill Really Becomes Law (cont.)

- During the lame duck session Sen. Snowe introduces virtually the same Harmful Algal Bloom bill (S 3014).
- It has become a “vehicle” for legislation to,
- Transfer the Whiting to the Mexican Navy, and
- To convey property owned by NOAA on Virginia Key, FL to the University of Miami
- Bill passes the Senate by unanimous consent on November 20, 2004, and is resent to the House where it passes the same day by a voice vote
- On December 10, 2004, President Bush signs the bill into law.

**Notes:**
Please note that most bills are signed in private by the President. Public bill signings are reserved for only the most important pieces of legislation. 

## Implementation of NOAA’s Legislative Strategy

- I. Enactment of key legislation
- NOAA Organic Act
- Tsunami detection and warning
- Marine aquaculture
- Magnuson-Stevens Act reauthorization
- National Marine Sanctuaries Act reauthorization
- NOAA Corps expansion

## Implementation of NOAA’s Legislative Strategy

- II. Development of NOAA Champions and Supporters:
- OLA has developed a plan to bring new talent from our ‘farm team’ in the House and Senate.
- We are building new relationships which focus on Member benefits from working closer with NOAA.
- We have identified approximately 12 Members who are promising to champion or support prospects.

**Notes:**
A prospective Champion is a Member who has demonstrated past support for NOAA and whose district directly benefits from NOAA programs. A supporter is someone who has shown interest in NOAA, but has not yet taken a visible support role.

## Implementation of NOAA Legislative Strategy

- III. Understanding the Congressional Clock
- The first year of the second term is the most productive
- Members want to run a record of accomplishments, especially those wishing to occupy the White House
- Already, there are at least five Senators interested
- With no election this year, Members want to look statesmen like. Next year will be chaotic
- There is a sense of urgency to get things done for those facing retirement

**Notes:**
You may want to mention that almost always the President’s party loses seats in the House and Senate during the second mid-term Congressional election of a two term President.

## Implementation of NOAA Legislative Strategy

- IV. Your role in NOAA’s Legislative Strategy
- OLA staff are available to work with you to arrange member and staff briefings, trips, etc.
- If contacted by the Hill, call or email our office
- Let us know the staff’s concern, as well as if follow-up is needed
- When working with the ‘Hill’, if you don’t know the answer to a question, say you’ll get back to them.

## Thank You.