U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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19–010

" SENATE ! 108th Congress 

1st Session 

REPORT

2003

108–58

Calendar No. 120

RATIFICATION OF CERTAIN NOAA APPOINTMENTS, PROMOTIONS, AND ACTIONS

R E P O R T

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION

ON

S. 886

JUNE 3, 2003.—Ordered to be printed 


E:\Seals\Congress.#13
(II)

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED EIGHTH CONGRESS

FIRST SESSION

JOHN MCCAIN, Arizona, Chairman 

TED STEVENS, Alaska 

CONRAD BURNS, Montana 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

SAM BROWNBACK, Kansas 

GORDON SMITH, Oregon 

PETER G. FITZGERALD, Illinois 

JOHN ENSIGN, Nevada 

GEORGE ALLEN, Virginia 

JOHN E. SUNUNU, New Hampshire 

ERNEST F. HOLLINGS, South Carolina 

DANIEL K. INOUYE, Hawaii 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

JOHN B. BREAUX, Louisiana 

BYRON L. DORGAN, North Dakota 

RON WYDEN, Oregon 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK LAUTENBERG, New Jersey 

JEANNE BUMPUS, Staff Director and General Counsel 

ANN BEGEMAN, Deputy Staff Director 

ROBERT W. CHAMBERLIN, Chief Counsel 

KEVIN D. KAYES, Democratic Staff Director 

GREGG ELIAS, Democratic General Counsel 

Calendar No. 120

108TH CONGRESS REPORT " SENATE ! 1st Session 108–58

RATIFICATION OF CERTAIN NOAA APPOINTMENTS, 

PROMOTIONS, AND ACTIONS 

JUNE 3, 2003.—Ordered to be printed 

Mr. MCCAIN, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 886]

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 886) to ratify otherwise legal appointments and promotions in the commissioned corps of the National Oceanic and Atmospheric Administration that failed to be 

submitted to the Senate for its advice and consent as required by 

law, and for other purposes, having considered the same, reports 

favorably thereon without amendment and recommends that the 

bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 886, the National Oceanic and Atmospheric 

Administration (NOAA) Corps Confirmation Correction Legislation, 

is to ratify the otherwise legal appointments and promotions in the 

commissioned corps of NOAA that failed to be submitted to the 

Senate for its advice and consent as required by law. 

BACKGROUND AND NEEDS

The NOAA Corps is the smallest of the seven uniformed services 

of the United States (the others are the four Department of Defense services, the Coast Guard, and the Public Health Service). 

The NOAA Corps is comprised of slightly over 250 commissioned 

officers and operates a wide variety of specialized aircraft and 

ships used to conduct NOAA’s environmental and scientific missions. Its commissioned officers provide NOAA with an important 

blend of operational, management, and technical skills that support 

the agency’s science and surveying programs at sea, in the air, and 

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ashore. Corps officers operate and manage NOAA’s ships and aircraft as well as serve in the agency’s research laboratories and program offices throughout the nation and in remote locations around 

the world. 

The NOAA Corps officer appointments and promotions are similar to the other uniformed services and, under section 226 of the 

National Oceanic and Atmospheric Administration Commissioned 

Officer Corps Act of 2002 (33 U.S.C. 3026) and its antecedent, require nomination by the President and must be submitted to the 

Senate for its advice and consent. Historically, the Commerce Committee has considered NOAA promotions, along with routine Coast 

Guard officer promotions, during Full Committee Executive Sessions. 

It recently came to the Committee’s attention that NOAA has 

failed since October 1, 1999, to submit any of its NOAA Corps officer appointments and promotions to the President for nomination 

and subsequently to the Senate for its advice and consent. Since 

then, the NOAA Corps has made approximately 251 appointments 

and promotions, involving approximately 196 officers. An ongoing 

Department of Commerce investigation indicates these procedural 

problems may have existed prior to October 1, 1999, and additional 

officers’ appointments and promotions may also be affected. These 

revelations raise serious questions concerning the validity of these 

appointments and promotions that could affect each individual officer’s pay, entitlements, job status, and the ability to carry out the 

officer’s official actions. 

To address this serious situation, the legislation is designed to 

provide a framework for retroactive appointments and promotions 

for the affected officers in a manner that will protect the professional and financial aspects of their positions, and that will ensure 

that all past actions taken in the line of duty by such officers after 

their appointments and/or promotions are considered to have been 

official actions. The bill states that all actions performed in the line 

of duty by these NOAA corps officers are ratified and approved. In 

addition, the legislation states that all Federal agency actions (with 

respect to pay, benefits, and retirement) in relation to an 

unconfirmed NOAA corps officer shall be considered legally binding. 

The bill provides that the President, acting alone, can make appointments and promotions for up to 180 days to allow these officers to maintain their status until the full Senate gives its advice 

and consent for these appointments and promotions going forward. 

Once this bill is enacted into law, the Administration is expected 

to submit the list of these officers to the Senate for its advice and 

consent. 

LEGISLATIVE HISTORY

S. 886 was introduced on April 10, 2003, by Senators McCain, 

Hollings, Snowe, and Kerry, and referred to the Senate Committee 

on Commerce, Science, and Transportation. On May 1, 2003, the 

bill was considered by the Committee in an open executive session. 

The Committee, without objection, ordered S. 886 reported without 

amendments. 

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ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office:

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 7, 2003. 

Hon. JOHN MCCAIN, Chairman, Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 886, a bill to ratify otherwise legal appointments and promotions in the commissioned corps 

of the National Oceanic and Atmospheric Administration that 

failed to be submitted to the Senate for its advice and consent as 

required by law. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contract is Deborah Reis. 

Sincerely, 

BARRY B. ANDERSON

(For Douglas Holtz-Eakin, Director). 

Enclosure. 

S. 886—A bill to ratify otherwise legal appointments and promotions in the commissioned corps of the National Oceanic and 

Atmospheric Administration that failed to be submitted to the 

Senate for its advice and consent as required by law 

S. 886 would ratify about 250 appointments or promotions of officers in the commissioned corps of the National Oceanic and Atmospheric Administration made since October 1, 1999. (These actions 

did not receive Senate approval at the time they were made.) CBO 

estimates that implementing this bill would have no effect on the 

federal budget because the legislation would confirm personnel actions that have already taken place. Enacting S. 886 would have 

no effect on revenues or direct spending. 

The legislation contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act and 

would not affect the budgets of state, local, or tribal governments. 

The CBO staff contract for this estimate is Deborah Reis. This 

estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

REGULATORY IMPACT STATEMENT

Because S. 886 does not create any new programs, the legislation 

would have no additional regulatory impact, and will result in no 

additional reporting requirements. The legislation would have no 

further effect on the number or types of individuals and businesses 

regulated, the economic impact of such regulation, the personal privacy of affected individuals, or the paperwork required from such 

individuals and businesses. 

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SECTION-BY-SECTION ANALYSIS

Section 1. Ratification of certain NOAA appointments, promotions, 

and actions 

This section would ratify otherwise legal appointments and promotions in the commissioned corps of the National Oceanic and Atmospheric Administration that failed to be submitted to the Senate 

for its advice and consent as required by law. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee states that the bill as reported 

would make no change to existing law.

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