II 

108TH CONGRESS 

2D SESSION S. 2647 

To establish a national ocean policy, to set forth the missions of the National 

Oceanic and Atmospheric Administration, to ensure effective interagency 

coordination, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2004 

Mr. HOLLINGS (for himself, Mr. STEVENS, Mr. INOUYE, and Mr. GREGG) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To establish a national ocean policy, to set forth the missions 

of the National Oceanic and Atmospheric Administration, 

to ensure effective interagency coordination, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Ocean Policy 

5 and Leadership Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 
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Sec. 2. Table of contents. 

Sec. 3. Definitions. 

TITLE I—NATIONAL OCEAN POLICY 

Sec. 101. Findings. 

Sec. 102. Purposes. 

Sec. 103. Policy. 

TITLE II—NATIONAL OCEANIC AND ATMOSPHERIC 

ADMINISTRATION 

Sec. 201. Establishment. 

Sec. 202. Functions and Purposes. 

Sec. 203. National Oceanic and Atmospheric Administration. 

Sec. 204. Responsibilities of the Administrator. 

Sec. 205. Powers of the Administrator. 

Sec. 206. Enforcement. 

Sec. 207. Regional capabilities. 

Sec. 208. Intergovernmental coordination. 

Sec. 209. International consultation and coordination. 

Sec. 210. Report on oceanic and atmospheric conditions and trends. 

Sec. 211. Conforming amendments and appeals. 

Sec. 212. Savings provision. 

Sec. 213. Transition. 

TITLE III—FEDERAL COORDINATION AND ADVICE 

Sec. 301. Council on Ocean Stewardship. 

Sec. 302. Membership. 

Sec. 303. Functions of Council. 

Sec. 304. National priorities for coordination. 

Sec. 305. Employees. 

Sec. 306. Biennial report to Congress. 

Sec. 307. Presidential panel of advisors on oceans and climate. 

Sec. 308. Federal program recommendations. 

Sec. 309. Implementation. 

Sec. 310. No effect on other authorities. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of NOAA. 

5 (2) COASTAL REGION.—The term ‘‘coastal re6 gion’’ means the coastal zone as defined in section 

7 304 of the Coastal Zone Management Act of 1972 
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1 (16 U.S.C. 1453) and coastal watershed areas that 

2 have significant impact on such coastal zones. 

3 (3) NOAA.—The term ‘‘NOAA’’ means the Na4 tional Oceanic and Atmospheric Administration. 

5 (4) OCEANS.—The term ‘‘ocean’’ includes 

6 coastal areas, the Great Lakes, the seabed, subsoil, 

7 and waters of the territorial sea of the United 

8 States, the waters of the exclusive economic zone of 

9 the United States; the waters of the high seas; and 

10 the seabed and subsoil of and beyond the Outer Con11 tinental Shelf marine environment, and the natural 

12 resources therein. 

13 (5) PERSON.—The term ‘‘person’’ has the 

14 meaning given that term by section 1 of title 1, 

15 United States Code, but also means any State, polit16 ical subdivision of a State, or agency or officer 

17 thereof. 

18 (6) STATE.—The term ‘‘State’’ means any 

19 State of the United States, the District of Columbia, 

20 the Commonwealth of Puerto Rico, the Virgin Is21 lands, Guam, American Samoa, or any other Com22 monwealth, territory, or possession of the United 

23 States. 
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1 TITLE I—NATIONAL OCEAN 

2 POLICY 

3 SEC. 101. FINDINGS. 

4 The Congress finds the following: 

5 (1) Covering more than two-thirds of the 

6 Earth’s surface, the oceans play a critical role in the 

7 global water cycle and in regulating climate, sustain 

8 a large part of Earth’s biodiversity, provide an im9 portant source of food and a wealth of other natural 

10 products, act as a frontier for scientific exploration, 

11 are critical to national and economic security, and 

12 provide a vital means of transportation. The coastal 

13 regions of the United States have remarkably high 

14 biological productivity and contribute approximately 

15 50 percent of the gross domestic product of the 

16 United States. 

17 (2) The oceans and the atmosphere are suscep18 tible to change as a direct and indirect result of 

19 human activities, and such changes can significantly 

20 impact the ability of the oceans and atmosphere to 

21 provide the benefits upon which the Nation depends. 

22 Changes in ocean and atmospheric processes could 

23 affect global climate patterns, ecosystem produc24 tivity, health, and biodiversity, environmental qual25 ity, national security, economic competitiveness, 
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1 availability of energy, vulnerability to natural haz2 ards, and transportation safety and efficiency. 

3 (3) Ocean resources are not infinite, and 

4 human pressure on them is increasing. One half of 

5 the Nation’s population lives within 50 miles of the 

6 coast. If population trends continue as expected, 

7 coastal development and urbanization impacts, which 

8 can be substantially greater than population impacts 

9 alone, will present serious environmental, energy, 

10 and water challenges and increase our vulnerability 

11 to coastal hazards. 

12 (4) Emissions of greenhouse gases and aerosols 

13 due to human activities continue to alter the oceans 

14 and atmosphere in ways that are expected to affect 

15 the climate, with adverse impacts on human health 

16 and the Nation’s economic and environmental secu17 rity. In some coastal regions, air deposition contrib18 utes between 30–50 percent of pollutant loadings to 

19 such areas. Improved understanding of such factors 

20 and ideas for mitigating any adverse impacts are ur21 gently needed. 

22 (5) There are enormous opportunities for 

23 science and technology to uncover new sources of en24 ergy, food, and pharmaceuticals from the oceans, 

25 and to increase general understanding of the planet 
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1 including its atmosphere and climate. Realization of 

2 such benefits is jeopardized by a variety of activities 

3 and practices that have reduced the health and pro4 ductivity of ocean and atmospheric systems, includ5 ing pollution, unsustainable harvesting practices, in6 creasing coastal development, and proliferation of 

7 harmful and invasive marine species. 

8 (6) Threats to the oceans and atmosphere are 

9 exacerbated by the legal and geographic fragmenta10 tion of authority within the Federal government. 

11 Over half of the existing 15 departments and several 

12 independent agencies conduct activities and pro13 grams relating to ocean and atmosphere, including 

14 climate change activities. Efforts to understand and 

15 effectively address emerging ocean and atmospheric 

16 problems, including through existing coordination 

17 mechanisms, have not been adequate. 

18 (7) Improving and coordinating Federal govern19 ance will require close partnerships with States, tak20 ing into account their public trust responsibilities, 

21 economic and ecological interests in ocean resources, 

22 and the role of State and local governments in im23 plementation of ocean policies, and managing use of 

24 coastal lands and ocean resources. 
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1 (8) Effective enforcement of the laws to protect 

2 and enhance the marine environment, coastal secu3 rity, and the Nation’s natural resources, particularly 

4 through marine safety, fisheries enforcement, aids to 

5 navigation, and hazardous materials spill response 

6 activities is needed to ensure achievement of man7 agement goals, and priority should be given to in8 creasing marine enforcement and compliance 

9 through coordinated Federal and State actions. 

10 (9) It is the continuing mission of the Federal 

11 Government to create, foster, and maintain condi12 tions, incentives, and programs that will further and 

13 assure the sustainable and effective conservation, 

14 management, and protection of the oceans and at15 mosphere, in order to fulfill the responsibility of 

16 each generation as trustee in protecting, and ensur17 ing that, such resources will be available to meet the 

18 needs of future generations of Americans. 

19 (10) This policy and mission can best be carried 

20 out and realized by formal establishment of a 

21 strengthened and expanded lead Federal civilian 

22 agency dedicated to ocean and atmospheric matters, 

23 and by undertaking the functions, programs, and ac24 tivities of the Federal Government with respect to 

25 the conservation, management, and protection of the 
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1 oceans and atmosphere, including monitoring, fore2 casting, and assessment, in a coordinated manner 

3 and in accordance with a national ocean policy. 

4 SEC. 102. PURPOSES. 

5 The purposes of this Act are— 

6 (1) to set forth a national policy relating to 

7 oceans and atmosphere, and, through an organic act, 

8 formally to establish the National Oceanic and At9 mospheric Administration as the lead Federal agen10 cy concerned with ocean and atmospheric matters; 

11 (2) to establish in the National Oceanic and At12 mospheric Administration, by statute, the authori13 ties, functions, and powers relating to the conserva14 tion, management, and protection of the oceans and 

15 atmosphere which have previously been established 

16 by statute or reorganization plan; 

17 (3) to set forth the duties and responsibilities of 

18 the Administration, and the principal officers of the 

19 Administration; 

20 (4) to establish a mechanism for Federal lead21 ership and coordinated action on national ocean and 

22 atmospheric priorities that are essential to the eco23 nomic and environmental security of the Nation; and 

24 (5) to enhance Federal partnerships with the 

25 State and local governments with respect to ocean 
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1 activities, include management of ocean resources 

2 and identification of appropriate opportunities for 

3 policy-making and decision making at the State and 

4 local level. 

5 SEC. 103. POLICY. 

6 It is the policy of the United States to establish and 

7 maintain for the benefit of the Nation a coordinated, com8 prehensive, and long-range national program of ocean and 

9 atmospheric research, conservation, management, edu10 cation, monitoring, and assessment that will— 

11 (1) recognize the linkage of ocean, land, and at12 mospheric systems, including the linkage of those 

13 systems with respect to climate change; 

14 (2) protect life and property against natural 

15 and manmade hazards, including protection through 

16 weather and marine forecasts and warnings; 

17 (3) protect, maintain, and restore the long-term 

18 health, productivity, and diversity of the ocean envi19 ronment, including its natural resources and to pre20 vent pollution of the ocean environment; 

21 (4) ensure responsible and sustainable use of 

22 fishery resources and other ocean and coastal re23 sources held in the public trust, using ecosystem24 based management and a precautionary and adapt25 ive approach; 
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1 (5) assure sustainable coastal development 

2 based on responsible State and community manage3 ment and planning, and reflecting the economic and 

4 environmental values of ocean resources; 

5 (6) develop improved scientific information and 

6 use of the best scientific information available to 

7 make decisions concerning natural, social, and eco8 nomic processes affecting ocean and atmospheric en9 vironments; 

10 (7) enhance sustainable ocean-related and 

11 coastal-dependent commerce and transportation, bal12 ancing multiple uses of the ocean environment; 

13 (8) provide for continued investment in and im14 provement of technologies for use in ocean and cli15 mate-related activities, including investments and 

16 technologies designed to promote national economic, 

17 environmental, and food security; 

18 (9) expand human knowledge of marine and at19 mospheric environments and ecosystems, including 

20 the role of the oceans in climate and global environ21 mental change, the interrelationships of ocean health 

22 and human health, and the advancement of edu23 cation and training in fields related to ocean, coast24 al, and climate-related activities; 
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1 (10) facilitate a collaborative approach that en2 courages the participation of a diverse group of 

3 stakeholders and the public in ocean and atmos4 pheric science and policy, including persons from 

5 under-represented groups; 

6 (11) promote close cooperation among all gov7 ernment agencies and departments, academia, non8 governmental organizations, private sector and 

9 stakeholders based on this policy to ensure coherent, 

10 accountable, and effective planning, regulation, and 

11 management of activities affecting oceans and at12 mosphere, including climate; 

13 (12) promote governance and management of 

14 the nation’s ocean resources through a partnership 

15 of the Federal Government with States, territories, 

16 and Commonwealths that reflects their public trust 

17 responsibilities and interest in ocean environmental, 

18 cultural, historic, and economic resources; and 

19 (13) preserve the role of the United States as 

20 a global leader in ocean, atmospheric, and climate21 related activities, and the cooperation in the national 

22 interest by the United States with other nations and 

23 international organizations in ocean and climate-re24 lated activities. 
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1 TITLE II—NATIONAL OCEANIC 

2 AND ATMOSPHERIC ADMINIS3 TRATION 

4 SEC. 201. ESTABLISHMENT. 

5 There is established an agency which shall be known 

6 as the National Oceanic and Atmospheric Administration, 

7 which shall be the civilian agency principally responsible 

8 for providing oceanic, weather, and atmospheric services 

9 and supporting research, conservation, management, and 

10 education to the nation. The National Oceanic and Atmos11 pheric Administration established under this Act shall suc12 ceed the National Oceanic and Atmospheric Administra13 tion established on October 3, 1970, in Reorganization 

14 Plan No. 4 of 1970 and shall continue the activities of 

15 that agency as it was in existence on the day before the 

16 effective date of this Act. 

17 SEC. 202. FUNCTIONS AND PURPOSES. 

18 (a) IN GENERAL.—NOAA shall be responsible for the 

19 following functions, through which it shall carry out the 

20 policy of this Act in a coordinated, integrated, and eco21 system-based manner for the benefit of the Nation: 

22 (1) Management, conservation, protection, and 

23 restoration of ocean resources, including living ma24 rine resources, habitats and ocean ecosystems. 
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1 (2) Observation, monitoring, assessment, fore2 casting, prediction, operations and exploration for 

3 ocean and atmospheric environments including 

4 weather, climate, navigation and marine resources. 

5 (3) Research, education and outreach, technical 

6 assistance, and technology development and innova7 tion activities relating to ocean and atmospheric en8 vironments including basic scientific research and 

9 activities that support other agency functions and 

10 missions. 

11 (b) TRANSFER OF FUNCTIONS.—There shall be 

12 transferred to the Administrator any authority established 

13 by law that, before the date of enactment of this Act, was 

14 vested in the Secretary of Commerce and pertains to the 

15 functions, responsibilities, or duties of NOAA under sub16 section (a). 

17 SEC. 203. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN18 ISTRATION. 

19 (a) ADMINISTRATOR.— 

20 (1) APPOINTMENT.—NOAA shall be adminis21 tered by the Administrator, who shall be appointed 

22 by the President, by and with the advice and consent 

23 of the Senate. 

24 (2) COMPENSATION.—The Administrator shall 

25 be compensated at the rate provided for level II of 
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1 the Executive Schedule under section 5314 of title 

2 5, United States Code. 

3 (3) QUALIFICATIONS.—The Administrator shall 

4 have a broad background, professional knowledge, 

5 and substantial experience in oceanic or atmospheric 

6 affairs, including any field relating to marine or at7 mospheric science and technology, biological 

8 sciences, engineering, as well as education, econom9 ics, governmental affairs, planning, law, or inter10 national affairs. 

11 (4) AUTHORITY.—The Administrator shall 

12 carry out all functions transferred to the Adminis13 trator by this Act and shall have authority and con14 trol over all personnel, programs, and activities of 

15 NOAA. 

16 (b) DEPUTY ADMINISTRATOR.—There shall be a 

17 Deputy Administrator, who shall be appointed by the 

18 President, by and with the advice and consent of the Sen19 ate, based on the individual’s professional qualifications 

20 and without regard to political affiliation. The Deputy Ad21 ministrator shall have a broad background, professional 

22 knowledge, and substantial experience in oceanic or atmos23 pheric policy or programs, including science, technology, 

24 and education. The Deputy Administrator shall serve as 

25 an adviser to the Administrator on program and policy 
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1 issues, including crosscutting program areas such as re2 search, technology, and education and shall perform such 

3 functions and exercise such powers as the Administrator 

4 may prescribe. The Deputy Administrator shall act as Ad5 ministrator during the absence or disability of the Admin6 istrator in the event of a vacancy in the office of Adminis7 trator. The Deputy Administrator shall be the Administra8 tor’s first assistant for purposes of subchapter III of chap9 ter 33 of title 5, United States Code, and shall be com10 pensated at the rate provided for level IV of the Executive 

11 Schedule under section 5315 of title 5, United States 

12 Code. 

13 (c) ASSOCIATE ADMINISTRATOR FOR OCEAN MAN14 AGEMENT AND OPERATIONS.—There shall be in NOAA an 

15 Associate Administrator for Ocean Management and Op16 erations, who shall be appointed by the President, by and 

17 with the advice and consent of the Senate. The Associate 

18 Administrator for Ocean Management and Operations 

19 shall have a broad background, professional knowledge, 

20 and substantial experience in oceanic or atmospheric pol21 icy or programs, and shall perform such duties and exer22 cise such powers as the Administrator shall from time to 

23 time designate. The Associate Administrator shall be com24 pensated at the rate provided for level V of the Executive 
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1 Schedule under section 5315 of title 5, United States 

2 Code. 

3 (d) ASSOCIATE ADMINISTRATOR FOR CLIMATE AND

4 ATMOSPHERE.— There shall be in NOAA an Associate 

5 Administrator for Climate and Atmosphere, who shall be 

6 appointed by the President, by and with the advice and 

7 consent of the Senate. The Associate Administrator for 

8 Climate and Atmosphere shall have a broad background, 

9 professional knowledge, and substantial experience in oce10 anic or atmospheric policy or programs, and shall perform 

11 such duties and exercise such powers as the Administrator 

12 shall from time to time designate. The Associate Adminis13 trator shall be compensated at the rate provided for level 

14 V of the Executive Schedule under section 5315 of title 

15 5, United States Code. 

16 (e) CHIEF OPERATING OFFICER.—There shall be a 

17 Chief Operating Officer of NOAA, who shall assume the 

18 responsibilities held by the Deputy Undersecretary of 

19 Commerce prior to enactment of this Act. The Chief Oper20 ating Officer shall be responsible for ensuring the timely 

21 and effective implementation of NOAA’s purposes and au22 thorities and shall provide resource, budget, and manage23 ment support to the Office of the Administrator. The 

24 Chief Operating Officer shall be responsible for all aspects 

25 of NOAA operations and management, including budget, 
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1 financial operations, information services, facilities, 

2 human resources, procurements, and associated services. 

3 The Chief Operating Officer shall be a Senior Executive 

4 Service position authorized under section 3133 of title 5, 

5 United States Code. 

6 (f) ASSISTANT ADMINISTRATORS.—There shall be in 

7 NOAA at least 3, but no more than 4, Assistant Adminis8 trators. The Assistant Administrators shall perform such 

9 programmatic and policy functions as the Administrator 

10 shall from time to time assign or delegate, and shall have 

11 background, professional knowledge, and substantial expe12 rience in 1 or more of the following aspects of ocean and 

13 atmospheric affairs: 

14 (1) Resource management, protection, and res15 toration. 

16 (2) Operations, forecasting, and services (in17 cluding weather and climate). 

18 (3) Science, technology, and education. 

19 (g) GENERAL COUNSEL.—There shall be in NOAA 

20 a General Counsel appointed by the President upon rec21 ommendation by the Administrator. The General Counsel 

22 shall serve as the chief legal officer for all legal matters 

23 which may arise in connection with the conduct of the 

24 functions of NOAA. 

25 (h) COMMISSIONED OFFICERS.— 
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1 (1) The Administrator shall designate an officer 

2 or officers to be responsible for oversight of NOAA’s 

3 vessel and aircraft fleets and for the administration 

4 of NOAA’s commissioned officer corps under section 

5 228 of the National Oceanic and Atmospheric Ad6 ministration Commissioned Officer Corps Act of 

7 2002 (33 U.S.C. 3028). 

8 (2) The Commissioned Officer Corps of the Na9 tional Oceanic and Atmospheric Administration es10 tablished by Reorganization Plan No. 4 of October 

11 3, 1970, is the Commissioned Officer Corps of 

12 NOAA established under this Act. 

13 (3) All statutes that applied to officers of the 

14 Commissioned Officers Corps of NOAA on the day 

15 before the date of enactment of this Act apply to of16 ficers of the Corps on and after such date. 

17 (4) There are authorized to be on the lineal list 

18 of the Commissioned Officers Corps of NOAA at 

19 least 350 officers, plus any additional officers nec20 essary to support NOAA’s missions and the oper21 ation and maintenance of NOAA’s ships and air22 craft. 

23 (5) The President may appoint in NOAA, by 

24 and with the advice and consent of the Senate, 2 

25 commissioned officers to serve at any one time as 
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1 the designated heads of 2 principal constituent orga2 nizational entities of NOAA, or the President may 

3 designate 1 such officer as the head of such an orga4 nizational entity and the other as the head of the 

5 commissioned corps of NOAA. Any such designation 

6 shall create a vacancy on the active list and the offi7 cer while serving under this subsection shall have 

8 the rank, pay, and allowances of a rear admiral 

9 (upper half). 

10 (6) Any commissioned officer of NOAA who has 

11 served under paragraph (5) and is retired while so 

12 serving or is retired after the completion of such 

13 service while serving in a lower rank or grade, shall 

14 be retired with the rank, pay, and allowances au15 thorized by law for the highest grade and rank held 

16 by him, but any such officer, upon termination of his 

17 appointment in a rank above that of captain, shall, 

18 unless appointed or assigned to some other position 

19 for which a higher rank or grade is provided, revert 

20 to the grade and number he would have occupied 

21 had he not served in a rank above that of captain 

22 and such officer shall be an extra number in that 

23 grade. 

24 (i) NAVAL DEPUTY.—The Secretary of the Navy may 

25 detail a Naval Deputy to the Administrator. This position 
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1 shall be filled on an additional duty basis by the Oceanog2 rapher of the Navy. The Naval Deputy shall— 

3 (1) act as a liaison between the Administrator 

4 and the Secretary of the Navy in order to avoid du5 plication between Federal oceanographic and atmos6 pheric activities; and 

7 (2) ensure coordination and joint planning by 

8 NOAA and the Navy on research, meteorological, 

9 oceanographic, and geospatial information services 

10 and programs of mutual organizational interest. 

11 SEC. 204. RESPONSIBILITIES OF THE ADMINISTRATOR. 

12 In addition to administering and carrying out all ac13 tivities, programs, functions and duties, and exercising 

14 those powers, that are assigned, delegated, or transferred 

15 to the Administrator by this Act, any other statute, or 

16 the President, the responsibilities of the Administrator in17 clude— 

18 (1) management, conservation, protection, and 

19 restoration of ocean resources, including— 

20 (A) living marine resources (including fish21 eries, vulnerable species and habitats, and ma22 rine biodiversity); 

23 (B) ocean areas (including marine sanc24 tuaries, estuarine reserves, and other managed 

25 areas); 
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1 (C) marine aquaculture; 

2 (D) protection of ocean environments from 

3 threats to human and ecosystem health, includ4 ing pollution and invasive species; 

5 (E) sustainable management, beneficial 

6 use, protection, and development of coastal re7 gions; and 

8 (F) mitigation of impacts of natural and 

9 man-made hazards including climate change; 

10 (2) partnering with and supporting State and 

11 local communities in undertaking management, con12 servation, protection, and restoration of ocean re13 sources described in subsection (1); 

14 (3) observation, analysis, processing, and com15 munication of comprehensive data and information 

16 concerning the State of— 

17 (A) the upper and lower atmosphere; 

18 (B) the oceans and resources thereof; and 

19 (C) the earth and near space environment; 

20 (4) collection, storage, analysis, and provision of 

21 reliable scientific information relating to weather (in22 cluding space weather), climate, air quality, water, 

23 navigation, marine resources, and ecosystems that 

24 can be used as a basis for sound management, pol25 icy, and public safety decisions; 
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1 (5) broadly based data, observing, monitoring, 

2 and information activities, programs and systems re3 lating to oceanic and atmospheric monitoring and 

4 prediction, weather forecasting, and storm warning, 

5 including satellite-based and in-situ data collection 

6 and associated services; 

7 (6) weather forecasting, storm warnings, and 

8 other responsibilities of the Secretary of Commerce 

9 and the National Weather Service under Reorganiza10 tion Plan No. 2 of 1965, Reorganization Plan No. 

11 4 of 1970, sections 3 and 4 of the Act of October 

12 1, 1890 (15 U.S.C. 312 and 313) and the Weather 

13 Service Modernization Act (15 U.S.C. 313 note), 

14 and all other statutes, rules, plans, and orders in 

15 pari materia; 

16 (7) providing navigation and assessment oper17 ations and services, including maps and charts for 

18 the safety of marine and air navigation, maintaining 

19 a network of geographic reference coordinates for 

20 geodetic control, and observing, charting, mapping, 

21 and measuring the marine environment and ocean 

22 resources; 

23 (8) developing and improving geodetic and map24 ping methods and studies of geophysical phenomena 
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1 such as crustal movement, earth tides, and ocean 

2 circulation, including estuarine areas; 

3 (9) collecting, disseminating, and maintaining 

4 on a continuing basis information relating to the 

5 status, trends, health, use, and protection of the 

6 oceans and the atmosphere, to all interested parties, 

7 including through an integrated ocean observing sys8 tem and national and regional ecosystem-based in9 formation management systems; 

10 (10) administering, operating, and maintaining 

11 satellite and in-situ systems that can monitor global 

12 and regional atmospheric weather conditions, climate 

13 and related oceanic, solar, hydrological, and other 

14 environmental conditions, collect information re15 quired for research on weather, climate, and related 

16 environmental matters, and monitor the extent of 

17 human-induced changes in the lower and upper at18 mosphere and the related environment; 

19 (11) collecting, analyzing, and disseminating 

20 environmental information, in support of environ21 mental research and development, including data in 

22 the fields of climatology, atmospheric sciences, 

23 oceanography, biology, geology, geophysics, solar-ter24 restrial relationships, and the relationship among 

25 oceans, climate, and human health; 
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1 (12) undertaking a comprehensive, integrated, 

2 and ecosystem-based program of ocean, climate, and 

3 atmospheric research related to, and supportive of 

4 the missions of NOAA and which uses research 

5 products, new findings, and methodologies to develop 

6 the most current scientific advice for ecosystem7 based management; 

8 (13) conducting environmental research and de9 velopment activities that are necessary to advance 

10 the Nation’s ocean, atmospheric, engineering and 

11 technology expertise, including the development and 

12 operation of observing platforms such as ships, air13 craft, satellites, data buoys, manned or unmanned 

14 research submersibles, underwater laboratories or 

15 platforms, and improved instruments and calibration 

16 methods, and the advancement of undersea diving 

17 techniques; 

18 (14) conducting a continuing program of ocean 

19 exploration, discovery and conservation of significant 

20 undersea resources, including cultural resources, to 

21 benefit, inform, and inspire the American people, in22 cluding communication of such knowledge to policy23 makers and the public; 

24 (15) developing and implementing, in coopera25 tion with other agencies and entities as appropriate, 
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1 national ocean and atmospheric education, technical 

2 assistance, extension services, and outreach pro3 grams designed to increase literacy concerning ocean 

4 and atmospheric issues, develop a diverse work force, 

5 and enhance stewardship of ocean and atmospheric 

6 resources and environments; 

7 (16) ensuring the execution and implementation 

8 of national ocean, atmospheric, and environmental 

9 policy goals through a variety of ocean and atmos10 pheric programs; 

11 (17) undertaking activities involving the inte12 gration of domestic and international policy relating 

13 to the oceans and the atmosphere, including the pro14 vision of technical advice to the President on inter15 national negotiations involving ocean resources, 

16 ocean technologies, and climate matters; 

17 (18) providing for, encouraging, and assisting 

18 public participation in the development and imple19 mentation of ocean and atmospheric policies and 

20 programs; 

21 (19) conducting, supporting, and coordinating 

22 efforts to enhance public awareness of the National 

23 Oceanic and Atmospheric Administration, its pur24 poses, programs, activities and the results thereof, 
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1 including education and outreach to the public, 

2 teachers, students, and ocean resource managers; 

3 (20) partnering with other government agen4 cies, States, academia, and the private sector, via co5 operative agreements or other formal or informal ar6 rangements, to improve the acquisition of data and 

7 information and the implementation of management, 

8 monitoring, research, exploration, education, and 

9 other programs; 

10 (21) partnering with other Federal agencies 

11 and with States and communities to address the 

12 issues of land-based activities and their impact on 

13 the ocean environment; and 

14 (22) coordination with other Federal agencies 

15 having related responsibilities. 

16 SEC. 205. POWERS OF THE ADMINISTRATOR. 

17 (a) DELEGATION.—Unless otherwise prohibited by 

18 law or reserved by the Secretary of Commerce, the respon19 sibilities of the Administrator may be delegated by the Ad20 ministrator to other officials in NOAA, and may be redele21 gated as authorized by the Administrator. 

22 (b) REGULATIONS.—The Administrator is authorized 

23 to issue, amend, and rescind such rules and regulations 

24 as are necessary or appropriate to carry out the respon25 sibilities and functions of the Administrator. The promul-
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1 gation of such rules and regulations shall be governed by 

2 the provisions of chapter 5 of title 5, United States Code. 

3 (c) CONTRACTS.—The Administrator is authorized, 

4 without regard to section 3324(a) and (b) of title 31, 

5 United States Code, to enter into and perform such con6 tracts, leases, grants, cooperative agreements, or other 

7 transactions (without regard to chapter 63 of title 31, 

8 United States Code), as may be necessary to carry out 

9 NOAA’s purposes and authorities, on terms the Adminis10 trator deems appropriate, with Federal agencies, instru11 mentalities, and laboratories, State and local governments, 

12 including territories or posessions, Native American tribes 

13 and organizations, international organizations, foreign 

14 governments, educational institutions, nonprofit organiza15 tions, commercial organizations, and other public and pri16 vate persons or entities. 

17 (d) GIFTS AND DONATIONS.— 

18 (1) IN GENERAL.—Notwithstanding section 

19 1342 of title 31, United States Code, and subject to 

20 such conditions and covenants the Administrator 

21 deems appropriate, the Administrator is authorized 

22 to accept, hold, administer, and utilize— 

23 (A) gifts, bequests or donations of services, 

24 money or property, real or personal (including 
28 

•S 2647 IS 

1 patents and rights thereunder), mixed, tangible 

2 or intangible, or any interest therein; 

3 (B) contributions of funds; and 

4 (C) funds from Federal agencies, instru5 mentalities, and laboratories, State and local 

6 governments, Native American tribes and orga7 nizations, international organizations, foreign 

8 governments, educational institutions, nonprofit 

9 organizations, commercial organizations, and 

10 other public and private persons or entities. 

11 (2) USE, OBLIGATION, AND EXPENDITURE.— 

12 The Administrator may use property and services 

13 accepted by NOAA under paragraph (1) to carry out 

14 the mission and purposes of NOAA. Amounts ac15 cepted by NOAA under paragraph (1) shall be avail16 able for obligation by NOAA, and be available for 

17 expenditure by NOAA to carry out mission and pur18 poses of NOAA. 

19 (e) FACILITIES AND PERSONNEL.—The Adminis20 trator may use, with their consent, and with or without 

21 reimbursement, the services, equipment, personnel, and 

22 facilities of Federal agencies, instrumentalities and labora23 tories, State and local governments, Native American 

24 tribes and organizations, international organizations, for25 eign governments, educational institutions, nonprofit orga-
29 

•S 2647 IS 

1 nizations, commercial organizations, and other public and 

2 private persons or entities. 

3 (f) INFORMATION.—The Administrator shall provide 

4 for the most practicable and widest appropriate dissemina5 tion of information concerning NOAA, its purposes, pro6 grams, activities and the results thereof, including author7 ity to conduct education, technical assistance and outreach 

8 to the public, teachers, students, and ocean and coastal 

9 resource managers. 

10 (g) ACQUISITION AND CONSTRUCTION.—The Admin11 istrator may— 

12 (1) acquire (by purchase, lease, condemnation, 

13 or otherwise), lease, sell, or convey, services, money 

14 or property, real or personal (including patents and 

15 rights thereunder), mixed, tangible or intangible, or 

16 any interest therein; and 

17 (2) construct, improve, repair, operate, main18 tain or dispose of real or personal property, includ19 ing buildings, facilities, and land. 

20 SEC. 206. ENFORCEMENT. 

21 (a) AUTHORITY.—The Administrator shall have the 

22 authority to enforce the applicable provisions of any Act, 

23 the enforcement of which is, in whole or in part, assigned, 

24 delegated, or transferred to the Administrator, and any 

25 term of a license, permit, regulation, or order issued pur-
30 

•S 2647 IS 

1 suant thereto. The Administrator may designate any per2 son, officer, or agency to exercise his authority under this 

3 title. 

4 (b) USE OF STATE PERSONNEL.— 

5 (1) IN GENERAL.—The Administrator may— 

6 (A) utilize by agreement, with or without 

7 reimbursement, the personnel, services, and fa8 cilities of any State agency to the extent the 

9 Administrator deems it necessary and appro10 priate for effective enforcement of any law for 

11 which the Administrator has enforcement au12 thority; and 

13 (B) designate such personnel to exercise 

14 the enforcement authority of the Administrator 

15 under subsection (a). 

16 (2) STATUS AND POWERS.—Any personnel des17 ignated by the Administrator under paragraph 

18 (1)(B)— 

19 (A) shall not be deemed to be Federal em20 ployees (except as provided in subparagraph 

21 (D)) and shall not be subject to the provisions 

22 of law relating to Federal employment, includ23 ing those relating to hours of work, competitive 

24 examination, rates of compensation, and Fed25 eral employee benefits, but may be considered 
31 

•S 2647 IS 

1 to be eligible for compensation for work-related 

2 injuries under subchapter III of chapter 81 of 

3 title 5, United States Code, sustained while act4 ing pursuant to such designation; 

5 (B) shall be considered to be investigative 

6 or law enforcement officers of the United States 

7 for purposes of the tort claim provisions of title 

8 28, United States Code; 

9 (C) may, to the extent specified by the Ad10 ministrator, search, seize, arrest, and exercise 

11 any other law enforcement functions or authori12 ties described in this title where such authori13 ties are made applicable by this or other law to 

14 employees, officers, or other persons designated 

15 or employed by the Administrator; and 

16 (D) shall be considered to be officers or 

17 employees of the Department of Commerce for 

18 purposes of sections 111 and 1114 of title 18, 

19 United States Code. 

20 (c) COOPERATIVE ENFORCEMENT AGREEMENTS.— 

21 The Administrator may enter into cooperative agreements 

22 with State authorities to ensure coordinated enforcement 

23 of State and Federal laws and by such agreements assume 

24 enforcement authority under State law when the Adminis25 trator and State authorities deem it to be appropriate. 
32 

•S 2647 IS 

1 When so authorized, the Administrator or the Administra2 tor’s designee may function as a State law enforcement 

3 officer within the scope of the delegation, except that Fed4 eral law shall control the resolution of any conflict con5 cerning the employee status of any Federal officer while 

6 enforcing State law. 

7 SEC. 207. REGIONAL CAPABILITIES. 

8 The Administrator of The National Oceanic and At9 mospheric Administration shall— 

10 (1) organize agency activities and programs 

11 around common eco-regional boundaries identified 

12 through a process established by the Council on 

13 Ocean Stewardship, based upon recommendations of 

14 the Report of the U.S. Commission on Ocean Policy, 

15 so as to— 

16 (A) enhance inter- and intra-agency co17 operation; 

18 (B) maximize Federal capabilities in such 

19 region; 

20 (C) develop coordinated, ecosystem-based 

21 management and research programs; 

22 (D) develop research partnerships with 

23 States and academia; 
33 

•S 2647 IS 

1 (E) substantially improve the ability of the 

2 public to contact and work with all relevant fed3 eral agencies; and 

4 (F) maximize opportunities to work in 

5 partnership with States in order to facilitate 

6 eco-regional management and enhance State 

7 and local capacity to manage issues on an eco8 regional basis. 

9 (2) work with other Federal agencies, including 

10 the Environmental Protection Agency, the U.S. Fish 

11 and Wildlife Service, U.S. Army Corps of Engineers, 

12 and State agencies to— 

13 (A) encourage similar eco-regional organi14 zation and, if appropriate, co-location of related 

15 programs and facilities to achieve goals of para16 graph (1); and 

17 (B) in planning and implementing eco-re18 gional activities to encourage early cooperation, 

19 coordination, and integration across the Federal 

20 agencies and with relevant State programs, and 

21 to assure applicable Federal and State ocean 

22 policies. 

23 (3) NOAA shall in consultation with the States, 

24 develop regional information programs as rec-
34 

•S 2647 IS 

1 ommended by the U.S. Commission on Ocean Policy, 

2 including— 

3 (A) coordinated research strategies; 

4 (B) integrated ocean and atmospheric 

5 monitoring and observation activities; and 

6 (C) establishment of service centers and 

7 coordinators to support development of innova8 tive tools, technologies, training, and technical 

9 assistance to facilitate the implementation of 

10 ecosystem-based management. 

11 SEC. 208. INTERGOVERNMENTAL COORDINATION. 

12 (a) AVOIDANCE OF DUPLICATIVE REQUIREMENTS.— 

13 In administering the provisions of this Act, the Adminis14 trator shall consult and coordinate with the head of any 

15 Federal department or agency having authority to issue 

16 any license, lease, or permit to engage in an activity rela17 tion to the functions of the Administrator for purposes 

18 of assuring that inconsistent or duplicative requirements 

19 are not imposed upon any applicant for or holder of any 

20 such license, lease, or permit. 

21 (b) AVOIDANCE OF INCONSISTENT AND CONFLICTING

22 ACTIVITIES AND POLICIES.—To identify and resolve in23 consistent or conflicting Federal oceanic and atmospheric 

24 activities and policies, the Administrator shall— 
35 

•S 2647 IS 

1 (1) consult and coordinate with the head of any 

2 Federal department or agency on the activities and 

3 policies of that department or agency related to the 

4 functions of the Administrator; 

5 (2) request of the head of any Federal depart6 ment or agency clarification and justification of 

7 those activities and policies that the Administrator 

8 determines are inconsistent or conflicting with his 

9 functions; and 

10 (3) issue, as the Administrator deems appro11 priate, reports to the President, the Council on 

12 Ocean Stewardship, the head of any Federal depart13 ment or agency, and to Congress concerning incon14 sistent or conflicting activities and policies of any 

15 Federal department or agency relating to ocean and 

16 atmospheric activities, including recommendations 

17 on how to reconcile inconsistent and conflicting Fed18 eral oceanic and atmospheric activities and policies 

19 throughout the Federal government. 

20 (c) CONSULTATION WITH ADMINISTRATOR.—The 

21 head of any Federal department or agency and all other 

22 Federal officials having responsibilities related to the func23 tions of the Administrator shall consult with the Adminis24 trator when the subject matter of action or activities de-
36 

•S 2647 IS 

1 scribed in this Act are directly involved, to assure that 

2 all such activities are well coordinated. 

3 (d) COORDINATION WITH STATES.— The Adminis4 trator shall ensure that NOAA programs work with the 

5 States (including territories and possessions) to encourage 

6 early cooperation, coordination, and integration of State 

7 and Federal ocean and atmospheric programs, including 

8 planning and implementing eco-regional activities. 

9 (e) OFFICE OF INTERGOVERNMENTAL AFFAIRS.— 

10 The Administrator shall establish an office of intergovern11 mental affairs to assist in implementing this section and 

12 to facilitate planning of joint programs between NOAA 

13 line offices and other Federal agencies, including the De14 partment of Defense. 

15 SEC. 209. INTERNATIONAL CONSULTATION AND COOPERA16 TION. 

17 (a) COOPERATION WITH SECRETARY OF STATE.— 

18 The Administrator shall cooperate to the fullest prac19 ticable extent with the Secretary of State in providing rep20 resentation at all meetings and conferences relating to ac21 tions or activities described in this Act in which represent22 atives of the United States and foreign countries partici23 pate. 

24 (b) CONSULTATION WITH ADMINISTRATOR.—The 

25 Secretary of State and all other officials having respon-
37 

•S 2647 IS 

1 sibilities for agreements, treaties, or understanding with 

2 foreign nations and international bodies shall consult with 

3 the Administrator when the subject matter or activities 

4 described in this Act are involved, with a view to assuring 

5 that such interests are adequately represented. 

6 SEC. 210. REPORT ON OCEANIC AND ATMOSPHERIC CONDI7 TIONS AND TRENDS. 

8 Beginning not later than 12 months after the date 

9 of enactment of this Act, the Administrator shall, in con10 sultation with relevant Federal and State agencies, submit 

11 to the Congress a biennial report on: 

12 (1) the status and condition of the Nation’s 

13 ocean and atmospheric environments (including with 

14 respect to climate change); 

15 (2) current and foreseeable trends in the qual16 ity, management and utilization of such environ17 ments; and 

18 (3) the effects of those trends on the social, 

19 economic, ecological, and other requirements of the 

20 Nation. 

21 SEC. 211. CONFORMING AMENDMENTS AND REPEALS. 

22 (a) REORGANIZATION PLAN NO. 4.—Reorganization 

23 Plan No. 4 of 1970 (5 U.S.C. App.) is repealed. 

24 (b) REFERENCES TO NOAA.—Any reference to the 

25 National Oceanic and Atmospheric Administration, the 
38 

•S 2647 IS 

1 Under Secretary of Commerce for Oceans and Atmosphere 

2 (either by that title or by the title of the Administrator 

3 of NOAA), or any other official of the National Oceanic 

4 and Atmospheric Administration, in any law, rule, regula5 tion, certificate, directive, instruction, or other official 

6 paper in force on the effective date of this Act shall be 

7 deemed to refer and apply to the National Oceanic and 

8 Atmospheric Administration established in this Act, or the 

9 position of Administrator established in this Act, respec10 tively. 

11 (c) REFERENCES TO NOAA AS WITHIN THE DE12 PARTMENT OF COMMERCE.— 

13 (1) Section 407 of Public Law 99–659 (15 

14 U.S.C. 1503b) is repealed. 

15 (2) Section 12 of the Act of February 14, 1903 

16 (15 U.S.C. 1511) is amended by striking paragraph 

17 (1) and redesignating paragraphs (2) through (6) as 

18 paragraphs (1) through (5), respectively. 

19 (d) CONFORMING AMENDMENT TO TITLE 5.—Sec20 tion 5315 of title 5, United States Code, is amended by 

21 striking ‘‘Assistant Secretaries of Commerce (11).’’ and 

22 inserting ‘‘Assistant Secretaries of Commerce (10).’’. 

23 SEC. 212. SAVINGS PROVISION. 

24 All rules and regulations, determinations, standards, 

25 contracts, certifications, authorizations, appointments, 
39 

•S 2647 IS 

1 delegations, results and findings of investigations, or other 

2 actions duly issued, made, or taken by or pursuant to or 

3 under the authority of any statute which resulted in the 

4 assignment of functions or activities to the Secretary, the 

5 Department of Commerce, the Under Secretary, the Ad6 ministrator or any other officer of NOAA, in effect imme7 diately before the date of enactment of this Act shall con8 tinue in full force and effect after the date of enactment 

9 of this Act until modified or rescinded. 

10 SEC. 213. TRANSITION. 

11 (a) EFFECTIVE DATE.—The provisions of title II of 

12 this Act shall become effective 2 years from the date of 

13 enactment of this Act. 

14 (b) REORGANIZATION.—The Administrator of 

15 NOAA, in consultation with the Assistant Administrator 

16 for Program Planning and Integration, shall no later than 

17 18 months after the date of enactment of this Act, submit 

18 a plan and budget proposal to Congress setting forth a 

19 proposal for program and agency reorganization that 

20 will— 

21 (1) meet the requirements of title II; 

22 (2) reflect the recommendations of the U.S. 

23 Commission on Ocean Policy, particularly with re24 spect to ecosystem-based science and management 

25 and additional budgetary requirements; and 
40 

•S 2647 IS 

1 (3) provide integrated oceanic and atmospheric 

2 programs and services for the benefit of the Nation. 

3 TITLE III—FEDERAL 

4 COORDINATION AND ADVICE 

5 SEC. 301. COUNCIL ON OCEAN STEWARDSHIP. 

6 There is established in the Executive Office of the 

7 President a Council on Ocean Stewardship. 

8 SEC. 302. MEMBERSHIP. 

9 (a) MEMBERSHIP.—The Council shall be composed of 

10 at least 3 but no more than 5 members who shall be ap11 pointed by the President to serve at the pleasure of the 

12 President, by and with the advice and consent of the Sen13 ate. 

14 (b) CHAIRMAN.—The President shall designate 1 of 

15 the members of the Council to serve as Chairman. 

16 (c) QUALIFICATIONS.—Each member shall be a per17 son who, as a result of training, experience, and attach18 ments, is exceptionally well qualified— 

19 (1) to analyze and interpret ocean and atmos20 pheric trends and information of all kinds; 

21 (2) to appraise programs and activities of the 

22 Federal Government in the light of the policy set 

23 forth in title I; 

24 (3) to be conscious of and responsive to the sci25 entific, environmental, ecosystem, economic, social, 
41 

•S 2647 IS 

1 aesthetic and cultural needs and interests of the Na2 tion; and 

3 (4) to formulate and recommend national poli4 cies to promote the improvement and the quality of 

5 the ocean and atmospheric environments, including 

6 as those environments relate to practices on land. 

7 SEC. 303. FUNCTIONS OF COUNCIL. 

8 (a) COORDINATION AND ADVICE.—The Council— 

9 (1) shall coordinate ocean and atmospheric ac10 tivities among Federal agencies and departments, 

11 particularly focusing on the policy set forth in title 

12 I of this Act and national priorities identified in sec13 tion 304, while minimizing duplication, including en14 suring other ocean-related agencies work together at 

15 the operation, program, and research levels in co16 operation with NOAA; 

17 (2) shall provide a forum for improving Federal 

18 interagency planning, budget and program coordina19 tion, administration, outreach, and cooperation on 

20 such programs and activities; 

21 (3) shall ensure that all Federal agencies en22 gaged in ocean and atmospheric activities adopt and 

23 implement the principle of ecosystem-based manage24 ment and take necessary steps to improve regional 
42 

•S 2647 IS 

1 coordination and delivery of services around common 

2 eco-regional boundaries; 

3 (4) shall review and evaluate the various pro4 grams and activities of the Federal Government in 

5 light of the policy set forth in title I of this Act and 

6 national priorities identified in section 304 for the 

7 purpose of determining the extent to which such pro8 grams and activities are effective and contributing to 

9 the achievement of such policy and the overall health 

10 of ocean and atmospheric environment, including 

11 marine ecosystems; 

12 (5) shall conduct an annual review and analysis 

13 of funding proposed for ocean and atmospheric re14 search and management in all Federal agency budg15 ets, and provide budget recommendations to the 

16 President, the agencies, and the Office of Manage17 ment and Budget that will achieve the policies set 

18 forth in title I and address the national priorities 

19 identified in section 304, improve coordination, co20 operation, and effectiveness of such activities, elimi21 nate unnecessary overlap, and identify areas of high22 est priority for funding and support; 

23 (6) shall identify progress made by Federal 

24 ocean and atmospheric programs toward achieving 

25 the goals of— 
43 

•S 2647 IS 

1 (A) providing more effective protection and 

2 restoration of marine ecosystems; 

3 (B) improving predictions of climate 

4 change and variability (weather), including their 

5 effects on coastal communities and the nation; 

6 (C) improving the safety and efficiency of 

7 marine operations; 

8 (D) more effectively mitigating the effects 

9 of natural hazards; 

10 (E) reducing public health risks from 

11 ocean and atmospheric sources; 

12 (F) ensuring sustainable use of resources; 

13 and 

14 (G) improving national and homeland secu15 rity; 

16 (7) shall promote efforts to increase and en17 hance partnerships with coastal and Great Lakes 

18 States and other non-federal entities to support en19 hanced regional research, resource and hazards man20 agement, education and outreach, and marine eco21 system protection, maintenance, and restoration; 

22 (8) shall identify statutory and regulatory 

23 redundancies or omissions and develop strategies to 

24 resolve conflicts, fill gaps, and address new and 
44 

•S 2647 IS 

1 emerging ocean and atmospheric issues for national 

2 and regional benefit; 

3 (9) shall emphasize the development and sup4 port of partnerships among government agencies 

5 and nongovernmental organizations, academia, and 

6 the private sector including regional partnerships; 

7 (10) shall expand research, education, and out8 reach efforts by all Federal agencies undertaking 

9 ocean and atmospheric activities; and 

10 (11) may establish a Federal Coordinating 

11 Committee on Oceans, chaired by the Council chair12 man, to carry out the coordination of ocean and at13 mospheric programs and priorities required under 

14 this Act. 

15 (b) CONSULTATION.—In exercising its powers, func16 tions, and duties under this Act, the Council shall— 

17 (1) consult with the Administrator and with the 

18 Presidential Panel of Advisers on Oceans and Cli19 mate established under this Act to ensure input from 

20 potentially affected States, territories, and Common21 wealths, the public and other stakeholders; 

22 (2) work in close consultation and cooperation 

23 with the Council on Environmental Quality, the Of24 fice of Science and Technology Policy, the Council of 
45 

•S 2647 IS 

1 Economic Advisers, and other offices within the Ex2 ecutive Office of the President; 

3 (3) utilize the expertise and coordinating capa4 bilities of the National Ocean Science Committee 

5 (and any ocean-related committees formed under the 

6 Council) with respect to ocean and atmospheric 

7 science, technology, and education matters, including 

8 development of a national research strategy; and 

9 (4) utilize, to the fullest extent possible, the 

10 services, facilities, and information (including statis11 tical information) of public and private agencies and 

12 organization, and individuals, in order that duplica13 tion of effort and expense may be avoided, thus as14 suring that the Council’s activities will not unneces15 sarily overlap or conflict with similar activities au16 thorized by law and performed by NOAA and other 

17 established agencies. 

18 (c) REVIEWS AND REPORTS.—The Council shall— 

19 (1) prepare the biennial report required by sec20 tion 306 of this title; and 

21 (2) make and furnish such studies, reports 

22 thereon, and recommendations with respect to mat23 ters of policy and legislation as the President may 

24 request. 
46 

•S 2647 IS 

1 SEC. 304. NATIONAL PRIORITIES FOR COORDINATION. 

2 The Council, in coordination with the National Ocean 

3 Science Committee, shall ensure that the Federal agencies 

4 conducting ocean and atmospheric activities give the fol5 lowing areas priority attention and develop coordinated 

6 Federal budgets, programs, and operations that will mini7 mize duplication and foster improved services and other 

8 benefits to the Nation: 

9 (1) Prevention, management and control of 

10 nonpoint source pollution including regional or wa11 tershed strategies. 

12 (2) An integrated ocean and coastal observing 

13 system and an associated earth observing system. 

14 (3) Ecosystem-based management, protection, 

15 and restoration of ocean and atmospheric resources 

16 and environments, including management-oriented 

17 research, technical assistance and organization of 

18 programs and activities along common eco-regional 

19 boundaries. 

20 (4) Ocean education and outreach. 

21 (5) Regionally-based coastal land protection, 

22 conservation, maintenance, and restoration. 

23 (6) Enhanced research and technology develop24 ment on crosscutting areas, including— 

25 (A) oceans and human health; 

26 (B) social science and economics; 
47 

•S 2647 IS 

1 (C) atmospheric monitoring and climate 

2 change; 

3 (D) marine ecosystems, marine biodiver4 sity, and ocean exploration; 

5 (E) marine and atmospheric hazards, in6 cluding sea level rise and geological events; and 

7 (F) marine aquaculture. 

8 (7) Characterization and mapping of the coastal 

9 zone, coastal State waters, the territorial sea, the 

10 Exclusive Economic Zone and outer continental 

11 shelf, including ocean resources. 

12 SEC. 305. EMPLOYEES. 

13 (a) ASSISTANCE FROM FEDERAL AGENCIES.— 

14 (1) IN GENERAL.—For the purpose of carrying 

15 out the functions of the Council, each Federal agen16 cy or department that conducts oceanic or atmos17 pheric activities shall furnish any assistance re18 quested by the Council. 

19 (2) FORMS OF ASSISTANCE.—Assistance fur20 nished by Federal agencies and departments under 

21 paragraph (1) may include— 

22 (A) detailing employees to the Council to 

23 perform such functions, consistent with the pur24 poses of this section, as the Chairman of the 

25 Council may assign to them; and 
48 

•S 2647 IS 

1 (B) undertaking, upon request of the 

2 Chairman of the Council, such special studies 

3 for the Council as are necessary to carry out its 

4 functions. 

5 (3) PERSONNEL MANAGEMENT.—The Chairman 

6 of the Council shall have the authority to make per7 sonnel decisions regarding any employees detailed to 

8 the Council. 

9 (b) EMPLOYMENT OF PERSONNEL, EXPERTS, AND

10 CONSULTANTS.—The Council may— 

11 (1) employ such officers and employees as may 

12 be necessary to carry out its functions under this 

13 title; 

14 (2) employ and fix the compensation of such ex15 perts and consultants as may be necessary for the 

16 carrying out of its functions under this chapter, in 

17 accordance with section 3109 of title 5, United 

18 States Code, (without regard to the last sentence 

19 thereof); and 

20 (3) accept and employ voluntary and uncompen21 sated services in furtherance of the purposes of the 

22 Council notwithstanding section 1342 of title 31, 

23 United States Code. 
49 

•S 2647 IS 

1 SEC. 306. BIENNIAL REPORT TO CONGRESS. 

2 (a) IN GENERAL.—Beginning not later than 18 

3 months after the date of enactment of this Act, the Presi4 dent, through the Council, shall submit to the Congress 

5 a biennial report on Federal ocean and atmospheric pro6 grams, priorities, and accomplishments which shall in7 clude— 

8 (1) a comprehensive description of the ocean 

9 and atmospheric programs and accomplishments of 

10 all agencies and departments of the United States; 

11 (2) an evaluation of such programs and accom12 plishments in terms of the national ocean policy set 

13 forth in this Act and the national priorities identi14 fied in section 304, specifying progress made with 

15 respect to the goals set forth in section 303(c)(3); 

16 (3) a report on progress in improving Federal 

17 and State coordination on ocean and atmospheric ac18 tivities, including coordination efforts required in 

19 this Act; 

20 (4) an analysis of the Federal budget allocated 

21 to such programs including estimates of the funding 

22 requirements of each such agency or department for 

23 such programs during the succeeding 5-to-10 fiscal 

24 years; 

25 (5) recommendations for remedying deficiencies, 

26 and for improving organization, effectiveness, and 
50 

•S 2647 IS 

1 outreach of Federal ocean and atmospheric pro2 grams and services, on a regional and national basis, 

3 including support for State and local efforts that le4 verage public, nongovernmental, and private sector 

5 involvement; and 

6 (6) recommendations for legislative or other ac7 tion. 

8 (b) PRESIDENTIAL TRANSMITTAL.—The President 

9 shall transmit the biennial report pursuant to this section 

10 to the Speaker of the House of Representatives and the 

11 President of the Senate not later than December 31 of 

12 the year in which it is due. 

13 (c) AGENCY COOPERATION.—Each Federal agency 

14 and department shall cooperate by providing such data 

15 and information without cost as may be requested by the 

16 Council for the purpose of this section. Each Federal 

17 agency and department shall provide services and per18 sonnel on a cost reimbursable basis at the request of the 

19 Chairman of the Council for the purpose of accomplishing 

20 the requirements of this section. 

21 SEC. 307. PRESIDENTIAL PANEL OF ADVISERS ON OCEANS 

22 AND CLIMATE. 

23 (a) ESTABLISHMENT; PURPOSE.—The President 

24 shall establish a Presidential Panel of Advisers on Oceans 
51 

•S 2647 IS 

1 and Climate. The purpose of the Presidential Panel shall 

2 be— 

3 (1) to advise and assist the President and the 

4 Chairman of the Ocean Stewardship Council in iden5 tifying and fostering policies to protect, manage, and 

6 restore ocean and atmospheric environments and re7 sources, both on a regional and national basis; and 

8 (2) to undertake a continuing review, on a se9 lective basis, of priority issues relating to national 

10 ocean and atmospheric policy (including climate 

11 change), conservation and management of ocean en12 vironments and resources, and the status of the 

13 ocean and atmospheric science and service programs 

14 of the United States. 

15 (b) MEMBERSHIP.— 

16 (1) IN GENERAL.—The Presidential Panel shall 

17 consist of not more than 25 members, one of whom 

18 shall be the Chairman of the Council on Ocean 

19 Stewardship, and 24 of whom shall be nonfederal 

20 members appointed by the President, including at 

21 least one representative nominated by a Governor 

22 from each of the coastal regions identified in the Re23 port of the U.S. Commission on Ocean Policy and 

24 representatives of the States and various stake25 holders. 
52 

•S 2647 IS 

1 (2) CHAIR.—The Chairman of the Council on 

2 Ocean Stewardship shall co-chair the Presidential 

3 Panel with a nonfederal member designated by the 

4 President. 

5 (c) APPOINTMENT AND QUALIFICATIONS.—The 

6 members of the Presidential Panel shall be appointed by 

7 the President for 3-year terms from among individuals 

8 with diverse perspectives and expertise in 1 or more of 

9 the disciplines or fields associated with ocean and atmos10 pheric policy, including— 

11 (1) marine-related State and local government 

12 functions; 

13 (2) ocean and coastal resource conservation and 

14 management; 

15 (3) atmospheric or ocean science, engineering, 

16 and technology; 

17 (4) the marine industry (including recreation 

18 and tourism); 

19 (5) climate change; 

20 (6) atmospheric or coastal hazards; and 

21 (7) other fields appropriate for consideration of 

22 matters of oceanic or atmospheric policy. 

23 (d) VACANCIES.—An individual appointed to fill a va24 cancy occurring before the expiration of the term for which 

25 his or her predecessor was appointed shall be appointed 
53 

•S 2647 IS 

1 only for the remainder of such term. No individual may 

2 be reappointed to the Presidential Panel for more than 

3 1 additional 3-year term. A member may serve after the 

4 date of the expiration of the term of office for which ap5 pointed until his or her successor has taken office. 

6 (e) COMPENSATION.—Each member of the Presi7 dential Panel shall, while serving on business of the Com8 mission, be entitled to receive compensation at a rate not 

9 to exceed a daily rate to be determined by the President 

10 consistent with other Federal advisory boards. Federal 

11 and State officials serving on the Commission and serving 

12 in their official capacity shall not receive compensation in 

13 addition to their Federal or State salaries for their time 

14 on the Commission. Members of the Presidential Panel 

15 may be compensated for reasonable travel expenses while 

16 performing their duties as members. 

17 (f) MEETINGS.—The Presidential Panel shall meet at 

18 least twice per year, or as prescribed by the President. 

19 (g) REPORTS.— 

20 (1) IN GENERAL.—The Presidential Panel shall 

21 submit an annual report to the President and to the 

22 Congress setting forth an assessment, on a selective 

23 basis, of the status of the Nation’s ocean activities, 

24 and shall submit such other reports as may from 

25 time to time be requested by the President or the 
54 

•S 2647 IS 

1 Congress. The Presidential Panel shall submit its 

2 annual report on or before June 30 of each year, be3 ginning 2 years after the date of enactment of this 

4 Act. 

5 (2) COMMENT AND REVIEW BY COUNCIL.— 

6 Each annual report shall also be submitted to the 

7 Chairman of the Council on Ocean Stewardship who 

8 shall, in consultation with the Administrator of the 

9 National Oceanic and Atmospheric Administration 

10 within 60 days after receipt thereof, transmit his or 

11 her comments and recommendations to the Presi12 dent and to the Congress. 

13 SEC. 308. FEDERAL PROGRAM RECOMMENDATIONS. 

14 Not later than 3 years after the issuance of the final 

15 report of the Commission on Ocean Policy established by 

16 section 3 of the Oceans Act of 2000, the President, in 

17 consultation with the Administrator, and considering the 

18 recommendations of the Commission on Ocean Policy, the 

19 Ocean Stewardship Council, and the Presidential Panel of 

20 Advisers on Oceans and Coasts, shall submit to the Con21 gress recommendations— 

22 (1) for the transfer of relevant oceanic or at23 mospheric programs, functions, services, and associ24 ated resources to the National Oceanic and Atmos-
55 

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1 pheric Administration from any other Federal agen2 cy; 

3 (2) for consolidation or elimination of oceanic 

4 or atmospheric programs, functions, services, or re5 sources within or among Federal agencies if their 

6 consolidation or elimination would not undermine 

7 policy goals set forth in this Act; and 

8 (3) regarding Federal reorganization, including 

9 elevation of NOAA to departmental status or the es10 tablishment of a new department that would provide 

11 increased national attention and resources to oceanic 

12 and atmospheric needs and priorities. 

13 SEC. 309. IMPLEMENTATION. 

14 Not later than 18 months after the date of enactment 

15 of this Act, the Administrator shall— 

16 (1) promulgate such regulations as may be nec17 essary or appropriate to implement this title; and 

18 (2) submit to the Congress detailed rec19 ommendations on technical and conforming amend20 ments to Federal law necessary to carry out this 

21 title and the amendments made by this title. 

22 SEC. 310. NO EFFECT ON OTHER AUTHORITIES. 

23 Except as explicitly provided in this Act, nothing in 

24 this Act or the amendments made by this Act shall be 
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1 construed to modify the authority of the Administrator 

2 under any other provision of law. 

Æ