II 

Calendar No. 799

108TH CONGRESS 

2D SESSION S. 2647

[Report No. 108–407] 

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, Mr. GREGG, Mr. 

BREAUX, Mrs. BOXER, Mr. LAUTENBERG, and Mr. AKAKA) introduced 

the following bill; which was read twice and referred to the Committee 

on Commerce, Science, and Transportation 

NOVEMBER 10, 2004

Reported under authority of the order of the Senate of October 11, 2004, by 

Mr. MCCAIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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,
2

•S 2647 RS 

1 SECTION 1. SHORT TITLE. 

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

3 and Leadership Act’’. 

4 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

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.

6 SEC. 3. DEFINITIONS. 

7 In this Act: 
3

•S 2647 RS 

1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of NOAA. 

3 (2) COASTAL REGION.—The term ‘‘coastal re4 gion’’ means the coastal zone as defined in section 

5 304 of the Coastal Zone Management Act of 1972 

6 (16 U.S.C. 1453) and coastal watershed areas that 

7 have significant impact on such coastal zones. 

8 (3) NOAA.—The term ‘‘NOAA’’ means the Na9 tional Oceanic and Atmospheric Administration. 

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

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

12 and waters of the territorial sea of the United 

13 States, the waters of the exclusive economic zone of 

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

15 the seabed and subsoil of and beyond the Outer Con16 tinental Shelf marine environment, and the natural 

17 resources therein. 

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

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

20 United States Code, but also means any State, polit21 ical subdivision of a State, or agency or officer 

22 thereof. 

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

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

25 the Commonwealth of Puerto Rico, the Virgin Is-
4

•S 2647 RS 

1 lands, Guam, American Samoa, or any other Com2 monwealth, territory, or possession of the United 

3 States. 

4 TITLE I—NATIONAL OCEAN 

5 POLICY 

6 SEC. 101. FINDINGS. 

7 The Congress finds the following: 

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

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

10 global water cycle and in regulating climate, sustain 

11 a large part of Earth’s biodiversity, provide an im12 portant source of food and a wealth of other natural 

13 products, act as a frontier for scientific exploration, 

14 are critical to national and economic security, and 

15 provide a vital means of transportation. The coastal 

16 regions of the United States have remarkably high 

17 biological productivity and contribute approximately 

18 50 percent of the gross domestic product of the 

19 United States. 

20 (2) The oceans and the atmosphere are suscep21 tible to change as a direct and indirect result of 

22 human activities, and such changes can significantly 

23 impact the ability of the oceans and atmosphere to 

24 provide the benefits upon which the Nation depends. 

25 Changes in ocean and atmospheric processes could 
5

•S 2647 RS 

1 affect global climate patterns, ecosystem produc2 tivity, health, and biodiversity, environmental qual3 ity, national security, economic competitiveness, 

4 availability of energy, vulnerability to natural haz5 ards, and transportation safety and efficiency. 

6 (3) Ocean resources are not infinite, and 

7 human pressure on them is increasing. One half of 

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

9 coast. If population trends continue as expected, 

10 coastal development and urbanization impacts, which 

11 can be substantially greater than population impacts 

12 alone, will present serious environmental, energy, 

13 and water challenges and increase our vulnerability 

14 to coastal hazards. 

15 (4) Emissions of greenhouse gases and aerosols 

16 due to human activities continue to alter the oceans 

17 and atmosphere in ways that are expected to affect 

18 the climate, with adverse impacts on human health 

19 and the Nation’s economic and environmental secu20 rity. In some coastal regions, air deposition contrib21 utes between 30–50 percent of pollutant loadings to 

22 such areas. Improved understanding of such factors 

23 and ideas for mitigating any adverse impacts are ur24 gently needed.
6

•S 2647 RS 

1 (5) There are enormous opportunities for 

2 science and technology to uncover new sources of en3 ergy, food, and pharmaceuticals from the oceans, 

4 and to increase general understanding of the planet 

5 including its atmosphere and climate. Realization of 

6 such benefits is jeopardized by a variety of activities 

7 and practices that have reduced the health and pro8 ductivity of ocean and atmospheric systems, includ9 ing pollution, unsustainable harvesting practices, in10 creasing coastal development, and proliferation of 

11 harmful and invasive marine species. 

12 (6) Threats to the oceans and atmosphere are 

13 exacerbated by the legal and geographic fragmenta14 tion of authority within the Federal government. 

15 Over half of the existing 15 departments and several 

16 independent agencies conduct activities and pro17 grams relating to ocean and atmosphere, including 

18 climate change activities. Efforts to understand and 

19 effectively address emerging ocean and atmospheric 

20 problems, including through existing coordination 

21 mechanisms, have not been adequate. 

22 (7) Improving and coordinating Federal govern23 ance will require close partnerships with States, tak24 ing into account their public trust responsibilities, 

25 economic and ecological interests in ocean resources, 
7

•S 2647 RS 

1 and the role of State and local governments in im2 plementation of ocean policies, and managing use of 

3 coastal lands and ocean resources. 

4 (8) Effective enforcement of the laws to protect 

5 and enhance the marine environment, coastal secu6 rity, and the Nation’s natural resources, particularly 

7 through marine safety, fisheries enforcement, aids to 

8 navigation, and hazardous materials spill response 

9 activities is needed to ensure achievement of man10 agement goals, and priority should be given to in11 creasing marine enforcement and compliance 

12 through coordinated Federal and State actions. 

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

14 Government to create, foster, and maintain condi15 tions, incentives, and programs that will further and 

16 assure the sustainable and effective conservation, 

17 management, and protection of the oceans and at18 mosphere, in order to fulfill the responsibility of 

19 each generation as trustee in protecting, and ensur20 ing that, such resources will be available to meet the 

21 needs of future generations of Americans. 

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

23 out and realized by formal establishment of a 

24 strengthened and expanded lead Federal civilian 

25 agency dedicated to ocean and atmospheric matters, 
8

•S 2647 RS 

1 and by undertaking the functions, programs, and ac2 tivities of the Federal Government with respect to 

3 the conservation, management, and protection of the 

4 oceans and atmosphere, including monitoring, fore5 casting, and assessment, in a coordinated manner 

6 and in accordance with a national ocean policy. 

7 SEC. 102. PURPOSES. 

8 The purposes of this Act are—

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

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

11 formally to establish the National Oceanic and At12 mospheric Administration as the lead Federal agen13 cy concerned with ocean and atmospheric matters; 

14 (2) to establish in the National Oceanic and At15 mospheric Administration, by statute, the authori16 ties, functions, and powers relating to the conserva17 tion, management, and protection of the oceans and 

18 atmosphere which have previously been established 

19 by statute or reorganization plan; 

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

21 the Administration, and the principal officers of the 

22 Administration; 

23 (4) to establish a mechanism for Federal lead24 ership and coordinated action on national ocean and 
9

•S 2647 RS 

1 atmospheric priorities that are essential to the eco2 nomic and environmental security of the Nation; and 

3 (5) to enhance Federal partnerships with the 

4 State and local governments with respect to ocean 

5 activities, include management of ocean resources 

6 and identification of appropriate opportunities for 

7 policy-making and decision making at the State and 

8 local level. 

9 SEC. 103. POLICY. 

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

11 maintain for the benefit of the Nation a coordinated, com12 prehensive, and long-range national program of ocean and 

13 atmospheric research, conservation, management, edu14 cation, monitoring, and assessment that will—

15 (1) recognize the linkage of ocean, land, and at16 mospheric systems, including the linkage of those 

17 systems with respect to climate change; 

18 (2) protect life and property against natural 

19 and manmade hazards, including protection through 

20 weather and marine forecasts and warnings; 

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

22 health, productivity, and diversity of the ocean envi23 ronment, including its natural resources and to pre24 vent pollution of the ocean environment;
10

•S 2647 RS 

1 (4) ensure responsible and sustainable use of 

2 fishery resources and other ocean and coastal re3 sources held in the public trust, using ecosystem4 based management and a precautionary and adapt5 ive approach; 

6 (5) assure sustainable coastal development 

7 based on responsible State and community manage8 ment and planning, and reflecting the economic and 

9 environmental values of ocean resources; 

10 (6) develop improved scientific information and 

11 use of the best scientific information available to 

12 make decisions concerning natural, social, and eco13 nomic processes affecting ocean and atmospheric en14 vironments; 

15 (7) enhance sustainable ocean-related and 

16 coastal-dependent commerce and transportation, bal17 ancing multiple uses of the ocean environment; 

18 (8) provide for continued investment in and im19 provement of technologies for use in ocean and cli20 mate-related activities, including investments and 

21 technologies designed to promote national economic, 

22 environmental, and food security; 

23 (9) expand human knowledge of marine and at24 mospheric environments and ecosystems, including 

25 the role of the oceans in climate and global environ-
11

•S 2647 RS 

1 mental change, the interrelationships of ocean health 

2 and human health, and the advancement of edu3 cation and training in fields related to ocean, coast4 al, and climate-related activities; 

5 (10) facilitate a collaborative approach that en6 courages the participation of a diverse group of 

7 stakeholders and the public in ocean and atmos8 pheric science and policy, including persons from 

9 under-represented groups; 

10 (11) promote close cooperation among all gov11 ernment agencies and departments, academia, non12 governmental organizations, private sector and 

13 stakeholders based on this policy to ensure coherent, 

14 accountable, and effective planning, regulation, and 

15 management of activities affecting oceans and at16 mosphere, including climate; 

17 (12) promote governance and management of 

18 the nation’s ocean resources through a partnership 

19 of the Federal Government with States, territories, 

20 and Commonwealths that reflects their public trust 

21 responsibilities and interest in ocean environmental, 

22 cultural, historic, and economic resources; and 

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

24 a global leader in ocean, atmospheric, and climate25 related activities, and the cooperation in the national
12

•S 2647 RS 

1 interest by the United States with other nations and 

2 international organizations in ocean and climate-re3 lated activities. 

4 TITLE II—NATIONAL OCEANIC 

5 AND ATMOSPHERIC ADMINIS6 TRATION 

7 SEC. 201. ESTABLISHMENT. 

8 There is established an agency which shall be known 

9 as the National Oceanic and Atmospheric Administration, 

10 which shall be the civilian agency principally responsible 

11 for providing oceanic, weather, and atmospheric services 

12 and supporting research, conservation, management, and 

13 education to the nation. The National Oceanic and Atmos14 pheric Administration established under this Act shall suc15 ceed the National Oceanic and Atmospheric Administra16 tion established on October 3, 1970, in Reorganization 

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

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

19 effective date of this Act. 

20 SEC. 202. FUNCTIONS AND PURPOSES. 

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

22 following functions, through which it shall carry out the 

23 policy of this Act in a coordinated, integrated, and eco24 system-based manner for the benefit of the Nation: 
13

•S 2647 RS 

1 (1) Management, conservation, protection, and 

2 restoration of ocean resources, including living ma3 rine resources, habitats and ocean ecosystems. 

4 (2) Observation, monitoring, assessment, fore5 casting, prediction, operations and exploration for 

6 ocean and atmospheric environments including 

7 weather, climate, navigation and marine resources. 

8 (3) Research, education and outreach, technical 

9 assistance, and technology development and innova10 tion activities relating to ocean and atmospheric en11 vironments including basic scientific research and 

12 activities that support other agency functions and 

13 missions. 

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

15 transferred to the Administrator any authority established 

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

17 vested in the Secretary of Commerce and pertains to the 

18 functions, responsibilities, or duties of NOAA under sub19 section (a). 

20 SEC. 203. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN21 ISTRATION. 

22 (a) ADMINISTRATOR.—

23 (1) APPOINTMENT.—NOAA shall be adminis24 tered by the Administrator, who shall be appointed 
14

•S 2647 RS 

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

2 of the Senate. 

3 (2) COMPENSATION.—The Administrator shall 

4 be compensated at the rate provided for level II of 

5 the Executive Schedule under section 5314 of title 

6 5, United States Code. 

7 (3) QUALIFICATIONS.—The Administrator shall 

8 have a broad background, professional knowledge, 

9 and substantial experience in oceanic or atmospheric 

10 affairs, including any field relating to marine or at11 mospheric science and technology, biological 

12 sciences, engineering, as well as education, econom13 ics, governmental affairs, planning, law, or inter14 national affairs. 

15 (4) AUTHORITY.—The Administrator shall 

16 carry out all functions transferred to the Adminis17 trator by this Act and shall have authority and con18 trol over all personnel, programs, and activities of 

19 NOAA. 

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

21 Deputy Administrator, who shall be appointed by the 

22 President, by and with the advice and consent of the Sen23 ate, based on the individual’s professional qualifications 

24 and without regard to political affiliation. The Deputy Ad25 ministrator shall have a broad background, professional 
15

•S 2647 RS 

1 knowledge, and substantial experience in oceanic or atmos2 pheric policy or programs, including science, technology, 

3 and education. The Deputy Administrator shall serve as 

4 an adviser to the Administrator on program and policy 

5 issues, including crosscutting program areas such as re6 search, technology, and education and shall perform such 

7 functions and exercise such powers as the Administrator 

8 may prescribe. The Deputy Administrator shall act as Ad9 ministrator during the absence or disability of the Admin10 istrator in the event of a vacancy in the office of Adminis11 trator. The Deputy Administrator shall be the Administra12 tor’s first assistant for purposes of subchapter III of chap13 ter 33 of title 5, United States Code, and shall be com14 pensated at the rate provided for level IV of the Executive 

15 Schedule under section 5315 of title 5, United States 

16 Code. 

17 (c) ASSOCIATE ADMINISTRATOR FOR OCEAN MAN18 AGEMENT AND OPERATIONS.—There shall be in NOAA an 

19 Associate Administrator for Ocean Management and Op20 erations, who shall be appointed by the President, by and 

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

22 Administrator for Ocean Management and Operations 

23 shall have a broad background, professional knowledge, 

24 and substantial experience in oceanic or atmospheric pol25 icy or programs, and shall perform such duties and exer-
16

•S 2647 RS 

1 cise such powers as the Administrator shall from time to 

2 time designate. The Associate Administrator shall be com3 pensated at the rate provided for level V of the Executive 

4 Schedule under section 5315 of title 5, United States 

5 Code. 

6 (d) ASSOCIATE ADMINISTRATOR FOR CLIMATE AND

7 ATMOSPHERE.— There shall be in NOAA an Associate 

8 Administrator for Climate and Atmosphere, who shall be 

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

10 consent of the Senate. The Associate Administrator for 

11 Climate and Atmosphere shall have a broad background, 

12 professional knowledge, and substantial experience in oce13 anic or atmospheric policy or programs, and shall perform 

14 such duties and exercise such powers as the Administrator 

15 shall from time to time designate. The Associate Adminis16 trator shall be compensated at the rate provided for level 

17 V of the Executive Schedule under section 5315 of title 

18 5, United States Code. 

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

20 Chief Operating Officer of NOAA, who shall assume the 

21 responsibilities held by the Deputy Undersecretary of 

22 Commerce prior to enactment of this Act. The Chief Oper23 ating Officer shall be responsible for ensuring the timely 

24 and effective implementation of NOAA’s purposes and au25 thorities and shall provide resource, budget, and manage-
17

•S 2647 RS 

1 ment support to the Office of the Administrator. The 

2 Chief Operating Officer shall be responsible for all aspects 

3 of NOAA operations and management, including budget, 

4 financial operations, information services, facilities, 

5 human resources, procurements, and associated services. 

6 The Chief Operating Officer shall be a Senior Executive 

7 Service position authorized under section 3133 of title 5, 

8 United States Code. 

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

10 NOAA at least 3, but no more than 4, Assistant Adminis11 trators. The Assistant Administrators shall perform such 

12 programmatic and policy functions as the Administrator 

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

14 background, professional knowledge, and substantial expe15 rience in 1 or more of the following aspects of ocean and 

16 atmospheric affairs: 

17 (1) Resource management, protection, and res18 toration. 

19 (2) Operations, forecasting, and services (in20 cluding weather and climate). 

21 (3) Science, technology, and education. 

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

23 a General Counsel appointed by the President upon rec24 ommendation by the Administrator. The General Counsel 

25 shall serve as the chief legal officer for all legal matters 
18

•S 2647 RS 

1 which may arise in connection with the conduct of the 

2 functions of NOAA. 

3 (h) COMMISSIONED OFFICERS.—

4 (1) The Administrator shall designate an officer 

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

6 vessel and aircraft fleets and for the administration 

7 of NOAA’s commissioned officer corps under section 

8 228 of the National Oceanic and Atmospheric Ad9 ministration Commissioned Officer Corps Act of 

10 2002 (33 U.S.C. 3028). 

11 (2) The Commissioned Officer Corps of the Na12 tional Oceanic and Atmospheric Administration es13 tablished by Reorganization Plan No. 4 of October 

14 3, 1970, is the Commissioned Officer Corps of 

15 NOAA established under this Act. 

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

17 Commissioned Officers Corps of NOAA on the day 

18 before the date of enactment of this Act apply to of19 ficers of the Corps on and after such date. 

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

21 of the Commissioned Officers Corps of NOAA at 

22 least 350 officers, plus any additional officers nec23 essary to support NOAA’s missions and the oper24 ation and maintenance of NOAA’s ships and air25 craft. 
19

•S 2647 RS 

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

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

3 commissioned officers to serve at any one time as 

4 the designated heads of 2 principal constituent orga5 nizational entities of NOAA, or the President may 

6 designate 1 such officer as the head of such an orga7 nizational entity and the other as the head of the 

8 commissioned corps of NOAA. Any such designation 

9 shall create a vacancy on the active list and the offi10 cer while serving under this subsection shall have 

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

12 (upper half). 

13 (6) Any commissioned officer of NOAA who has 

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

15 serving or is retired after the completion of such 

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

17 be retired with the rank, pay, and allowances au18 thorized by law for the highest grade and rank held 

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

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

21 unless appointed or assigned to some other position 

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

23 to the grade and number he would have occupied 

24 had he not served in a rank above that of captain 
20

•S 2647 RS 

1 and such officer shall be an extra number in that 

2 grade. 

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

4 detail a Naval Deputy to the Administrator. This position 

5 shall be filled on an additional duty basis by the Oceanog6 rapher of the Navy. The Naval Deputy shall—

7 (1) act as a liaison between the Administrator 

8 and the Secretary of the Navy in order to avoid du9 plication between Federal oceanographic and atmos10 pheric activities; and 

11 (2) ensure coordination and joint planning by 

12 NOAA and the Navy on research, meteorological, 

13 oceanographic, and geospatial information services 

14 and programs of mutual organizational interest. 

15 SEC. 204. RESPONSIBILITIES OF THE ADMINISTRATOR. 

16 In addition to administering and carrying out all ac17 tivities, programs, functions and duties, and exercising 

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

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

20 the President, the responsibilities of the Administrator in21 clude—

22 (1) management, conservation, protection, and 

23 restoration of ocean resources, including—
21

•S 2647 RS 

1 (A) living marine resources (including fish2 eries, vulnerable species and habitats, and ma3 rine biodiversity); 

4 (B) ocean areas (including marine sanc5 tuaries, estuarine reserves, and other managed 

6 areas); 

7 (C) marine aquaculture; 

8 (D) protection of ocean environments from 

9 threats to human and ecosystem health, includ10 ing pollution and invasive species; 

11 (E) sustainable management, beneficial 

12 use, protection, and development of coastal re13 gions; and 

14 (F) mitigation of impacts of natural and 

15 man-made hazards including climate change; 

16 (2) partnering with and supporting State and 

17 local communities in undertaking management, con18 servation, protection, and restoration of ocean re19 sources described in subsection (1); 

20 (3) observation, analysis, processing, and com21 munication of comprehensive data and information 

22 concerning the State of—

23 (A) the upper and lower atmosphere; 

24 (B) the oceans and resources thereof; and 

25 (C) the earth and near space environment; 
22

•S 2647 RS 

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

2 reliable scientific information relating to weather (in3 cluding space weather), climate, air quality, water, 

4 navigation, marine resources, and ecosystems that 

5 can be used as a basis for sound management, pol6 icy, and public safety decisions; 

7 (5) broadly based data, observing, monitoring, 

8 and information activities, programs and systems re9 lating to oceanic and atmospheric monitoring and 

10 prediction, weather forecasting, and storm warning, 

11 including satellite-based and in-situ data collection 

12 and associated services; 

13 (6) weather forecasting, storm warnings, and 

14 other responsibilities of the Secretary of Commerce 

15 and the National Weather Service under Reorganiza16 tion Plan No. 2 of 1965, Reorganization Plan No. 

17 4 of 1970, sections 3 and 4 of the Act of October 

18 1, 1890 (15 U.S.C. 312 and 313) and the Weather 

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

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

21 pari materia; 

22 (7) providing navigation and assessment oper23 ations and services, including maps and charts for 

24 the safety of marine and air navigation, maintaining 

25 a network of geographic reference coordinates for 
23

•S 2647 RS 

1 geodetic control, and observing, charting, mapping, 

2 and measuring the marine environment and ocean 

3 resources; 

4 (8) developing and improving geodetic and map5 ping methods and studies of geophysical phenomena 

6 such as crustal movement, earth tides, and ocean 

7 circulation, including estuarine areas; 

8 (9) collecting, disseminating, and maintaining 

9 on a continuing basis information relating to the 

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

11 oceans and the atmosphere, to all interested parties, 

12 including through an integrated ocean observing sys13 tem and national and regional ecosystem-based in14 formation management systems; 

15 (10) administering, operating, and maintaining 

16 satellite and in-situ systems that can monitor global 

17 and regional atmospheric weather conditions, climate 

18 and related oceanic, solar, hydrological, and other 

19 environmental conditions, collect information re20 quired for research on weather, climate, and related 

21 environmental matters, and monitor the extent of 

22 human-induced changes in the lower and upper at23 mosphere and the related environment; 

24 (11) collecting, analyzing, and disseminating 

25 environmental information, in support of environ-
24

•S 2647 RS 

1 mental research and development, including data in 

2 the fields of climatology, atmospheric sciences, 

3 oceanography, biology, geology, geophysics, solar-ter4 restrial relationships, and the relationship among 

5 oceans, climate, and human health; 

6 (12) undertaking a comprehensive, integrated, 

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

8 atmospheric research related to, and supportive of 

9 the missions of NOAA and which uses research 

10 products, new findings, and methodologies to develop 

11 the most current scientific advice for ecosystem12 based management; 

13 (13) conducting environmental research and de14 velopment activities that are necessary to advance 

15 the Nation’s ocean, atmospheric, engineering and 

16 technology expertise, including the development and 

17 operation of observing platforms such as ships, air18 craft, satellites, data buoys, manned or unmanned 

19 research submersibles, underwater laboratories or 

20 platforms, and improved instruments and calibration 

21 methods, and the advancement of undersea diving 

22 techniques; 

23 (14) conducting a continuing program of ocean 

24 exploration, discovery and conservation of significant 

25 undersea resources, including cultural resources, to
25

•S 2647 RS 

1 benefit, inform, and inspire the American people, in2 cluding communication of such knowledge to policy3 makers and the public; 

4 (15) developing and implementing, in coopera5 tion with other agencies and entities as appropriate, 

6 national ocean and atmospheric education, technical 

7 assistance, extension services, and outreach pro8 grams designed to increase literacy concerning ocean 

9 and atmospheric issues, develop a diverse work force, 

10 and enhance stewardship of ocean and atmospheric 

11 resources and environments; 

12 (16) ensuring the execution and implementation 

13 of national ocean, atmospheric, and environmental 

14 policy goals through a variety of ocean and atmos15 pheric programs; 

16 (17) undertaking activities involving the inte17 gration of domestic and international policy relating 

18 to the oceans and the atmosphere, including the pro19 vision of technical advice to the President on inter20 national negotiations involving ocean resources, 

21 ocean technologies, and climate matters; 

22 (18) providing for, encouraging, and assisting 

23 public participation in the development and imple24 mentation of ocean and atmospheric policies and 

25 programs; 
26

•S 2647 RS 

1 (19) conducting, supporting, and coordinating 

2 efforts to enhance public awareness of the National 

3 Oceanic and Atmospheric Administration, its pur4 poses, programs, activities and the results thereof, 

5 including education and outreach to the public, 

6 teachers, students, and ocean resource managers; 

7 (20) partnering with other government agen8 cies, States, academia, and the private sector, via co9 operative agreements or other formal or informal ar10 rangements, to improve the acquisition of data and 

11 information and the implementation of management, 

12 monitoring, research, exploration, education, and 

13 other programs; 

14 (21) partnering with other Federal agencies 

15 and with States and communities to address the 

16 issues of land-based activities and their impact on 

17 the ocean environment; and 

18 (22) coordination with other Federal agencies 

19 having related responsibilities. 

20 SEC. 205. POWERS OF THE ADMINISTRATOR. 

21 (a) DELEGATION.—Unless otherwise prohibited by 

22 law or reserved by the Secretary of Commerce, the respon23 sibilities of the Administrator may be delegated by the Ad24 ministrator to other officials in NOAA, and may be redele25 gated as authorized by the Administrator. 
27

•S 2647 RS 

1 (b) REGULATIONS.—The Administrator is authorized 

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

3 as are necessary or appropriate to carry out the respon4 sibilities and functions of the Administrator. The promul5 gation of such rules and regulations shall be governed by 

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

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

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

9 United States Code, to enter into and perform such con10 tracts, leases, grants, cooperative agreements, or other 

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

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

13 NOAA’s purposes and authorities, on terms the Adminis14 trator deems appropriate, with Federal agencies, instru15 mentalities, and laboratories, State and local governments, 

16 including territories or posessions, Native American tribes 

17 and organizations, international organizations, foreign 

18 governments, educational institutions, nonprofit organiza19 tions, commercial organizations, and other public and pri20 vate persons or entities. 

21 (d) GIFTS AND DONATIONS.—

22 (1) IN GENERAL.—Notwithstanding section 

23 1342 of title 31, United States Code, and subject to 

24 such conditions and covenants the Administrator 
28

•S 2647 RS 

1 deems appropriate, the Administrator is authorized 

2 to accept, hold, administer, and utilize—

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

4 money or property, real or personal (including 

5 patents and rights thereunder), mixed, tangible 

6 or intangible, or any interest therein; 

7 (B) contributions of funds; and 

8 (C) funds from Federal agencies, instru9 mentalities, and laboratories, State and local 

10 governments, Native American tribes and orga11 nizations, international organizations, foreign 

12 governments, educational institutions, nonprofit 

13 organizations, commercial organizations, and 

14 other public and private persons or entities. 

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

16 The Administrator may use property and services 

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

18 the mission and purposes of NOAA. Amounts ac19 cepted by NOAA under paragraph (1) shall be avail20 able for obligation by NOAA, and be available for 

21 expenditure by NOAA to carry out mission and pur22 poses of NOAA. 

23 (e) FACILITIES AND PERSONNEL.—The Adminis24 trator may use, with their consent, and with or without 

25 reimbursement, the services, equipment, personnel, and 
29

•S 2647 RS 

1 facilities of Federal agencies, instrumentalities and labora2 tories, State and local governments, Native American 

3 tribes and organizations, international organizations, for4 eign governments, educational institutions, nonprofit orga5 nizations, commercial organizations, and other public and 

6 private persons or entities. 

7 (f) INFORMATION.—The Administrator shall provide 

8 for the most practicable and widest appropriate dissemina9 tion of information concerning NOAA, its purposes, pro10 grams, activities and the results thereof, including author11 ity to conduct education, technical assistance and outreach 

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

13 resource managers. 

14 (g) ACQUISITION AND CONSTRUCTION.—The Admin15 istrator may— 

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

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

18 or property, real or personal (including patents and 

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

20 any interest therein; and 

21 (2) construct, improve, repair, operate, main22 tain or dispose of real or personal property, includ23 ing buildings, facilities, and land.
30

•S 2647 RS 

1 SEC. 206. ENFORCEMENT. 

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

3 authority to enforce the applicable provisions of any Act, 

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

5 delegated, or transferred to the Administrator, and any 

6 term of a license, permit, regulation, or order issued pur7 suant thereto. The Administrator may designate any per8 son, officer, or agency to exercise his authority under this 

9 title. 

10 (b) USE OF STATE PERSONNEL.— 

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

12 (A) utilize by agreement, with or without 

13 reimbursement, the personnel, services, and fa14 cilities of any State agency to the extent the 

15 Administrator deems it necessary and appro16 priate for effective enforcement of any law for 

17 which the Administrator has enforcement au18 thority; and 

19 (B) designate such personnel to exercise 

20 the enforcement authority of the Administrator 

21 under subsection (a). 

22 (2) STATUS AND POWERS.—Any personnel des23 ignated by the Administrator under paragraph 

24 (1)(B)—

25 (A) shall not be deemed to be Federal em26 ployees (except as provided in subparagraph 
31

•S 2647 RS 

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

2 of law relating to Federal employment, includ3 ing those relating to hours of work, competitive 

4 examination, rates of compensation, and Fed5 eral employee benefits, but may be considered 

6 to be eligible for compensation for work-related 

7 injuries under subchapter III of chapter 81 of 

8 title 5, United States Code, sustained while act9 ing pursuant to such designation; 

10 (B) shall be considered to be investigative 

11 or law enforcement officers of the United States 

12 for purposes of the tort claim provisions of title 

13 28, United States Code; 

14 (C) may, to the extent specified by the Ad15 ministrator, search, seize, arrest, and exercise 

16 any other law enforcement functions or authori17 ties described in this title where such authori18 ties are made applicable by this or other law to 

19 employees, officers, or other persons designated 

20 or employed by the Administrator; and 

21 (D) shall be considered to be officers or 

22 employees of the Department of Commerce for 

23 purposes of sections 111 and 1114 of title 18, 

24 United States Code. 
32

•S 2647 RS 

1 (c) COOPERATIVE ENFORCEMENT AGREEMENTS.—

2 The Administrator may enter into cooperative agreements 

3 with State authorities to ensure coordinated enforcement 

4 of State and Federal laws and by such agreements assume 

5 enforcement authority under State law when the Adminis6 trator and State authorities deem it to be appropriate. 

7 When so authorized, the Administrator or the Administra8 tor’s designee may function as a State law enforcement 

9 officer within the scope of the delegation, except that Fed10 eral law shall control the resolution of any conflict con11 cerning the employee status of any Federal officer while 

12 enforcing State law. 

13 SEC. 207. REGIONAL CAPABILITIES. 

14 The Administrator of The National Oceanic and At15 mospheric Administration shall— 

16 (1) organize agency activities and programs 

17 around common eco-regional boundaries identified 

18 through a process established by the Council on 

19 Ocean Stewardship, based upon recommendations of 

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

21 so as to—

22 (A) enhance inter- and intra-agency co23 operation; 

24 (B) maximize Federal capabilities in such 

25 region; 
33

•S 2647 RS 

1 (C) develop coordinated, ecosystem-based 

2 management and research programs; 

3 (D) develop research partnerships with 

4 States and academia; 

5 (E) substantially improve the ability of the 

6 public to contact and work with all relevant fed7 eral agencies; and 

8 (F) maximize opportunities to work in 

9 partnership with States in order to facilitate 

10 eco-regional management and enhance State 

11 and local capacity to manage issues on an eco12 regional basis. 

13 (2) work with other Federal agencies, including 

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

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

16 and State agencies to—

17 (A) encourage similar eco-regional organi18 zation and, if appropriate, co-location of related 

19 programs and facilities to achieve goals of para20 graph (1); and 

21 (B) in planning and implementing eco-re22 gional activities to encourage early cooperation, 

23 coordination, and integration across the Federal 

24 agencies and with relevant State programs, and 
34

•S 2647 RS 

1 to assure applicable Federal and State ocean 

2 policies. 

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

4 develop regional information programs as rec5 ommended by the U.S. Commission on Ocean Policy, 

6 including—

7 (A) coordinated research strategies; 

8 (B) integrated ocean and atmospheric 

9 monitoring and observation activities; and 

10 (C) establishment of service centers and 

11 coordinators to support development of innova12 tive tools, technologies, training, and technical 

13 assistance to facilitate the implementation of 

14 ecosystem-based management. 

15 SEC. 208. INTERGOVERNMENTAL COORDINATION. 

16 (a) AVOIDANCE OF DUPLICATIVE REQUIREMENTS.—

17 In administering the provisions of this Act, the Adminis18 trator shall consult and coordinate with the head of any 

19 Federal department or agency having authority to issue 

20 any license, lease, or permit to engage in an activity rela21 tion to the functions of the Administrator for purposes 

22 of assuring that inconsistent or duplicative requirements 

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

24 such license, lease, or permit.
35

•S 2647 RS 

1 (b) AVOIDANCE OF INCONSISTENT AND CONFLICTING

2 ACTIVITIES AND POLICIES.—To identify and resolve in3 consistent or conflicting Federal oceanic and atmospheric 

4 activities and policies, the Administrator shall—

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

6 Federal department or agency on the activities and 

7 policies of that department or agency related to the 

8 functions of the Administrator; 

9 (2) request of the head of any Federal depart10 ment or agency clarification and justification of 

11 those activities and policies that the Administrator 

12 determines are inconsistent or conflicting with his 

13 functions; and 

14 (3) issue, as the Administrator deems appro15 priate, reports to the President, the Council on 

16 Ocean Stewardship, the head of any Federal depart17 ment or agency, and to Congress concerning incon18 sistent or conflicting activities and policies of any 

19 Federal department or agency relating to ocean and 

20 atmospheric activities, including recommendations 

21 on how to reconcile inconsistent and conflicting Fed22 eral oceanic and atmospheric activities and policies 

23 throughout the Federal government. 

24 (c) CONSULTATION WITH ADMINISTRATOR.—The 

25 head of any Federal department or agency and all other 
36

•S 2647 RS 

1 Federal officials having responsibilities related to the func2 tions of the Administrator shall consult with the Adminis3 trator when the subject matter of action or activities de4 scribed in this Act are directly involved, to assure that 

5 all such activities are well coordinated. 

6 (d) COORDINATION WITH STATES.— The Adminis7 trator shall ensure that NOAA programs work with the 

8 States (including territories and possessions) to encourage 

9 early cooperation, coordination, and integration of State 

10 and Federal ocean and atmospheric programs, including 

11 planning and implementing eco-regional activities. 

12 (e) OFFICE OF INTERGOVERNMENTAL AFFAIRS.—

13 The Administrator shall establish an office of intergovern14 mental affairs to assist in implementing this section and 

15 to facilitate planning of joint programs between NOAA 

16 line offices and other Federal agencies, including the De17 partment of Defense. 

18 SEC. 209. INTERNATIONAL CONSULTATION AND COOPERA19 TION. 

20 (a) COOPERATION WITH SECRETARY OF STATE.—

21 The Administrator shall cooperate to the fullest prac22 ticable extent with the Secretary of State in providing rep23 resentation at all meetings and conferences relating to ac24 tions or activities described in this Act in which represent-
37

•S 2647 RS 

1 atives of the United States and foreign countries partici2 pate. 

3 (b) CONSULTATION WITH ADMINISTRATOR.—The 

4 Secretary of State and all other officials having respon5 sibilities for agreements, treaties, or understanding with 

6 foreign nations and international bodies shall consult with 

7 the Administrator when the subject matter or activities 

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

9 that such interests are adequately represented. 

10 SEC. 210. REPORT ON OCEANIC AND ATMOSPHERIC CONDI11 TIONS AND TRENDS. 

12 Beginning not later than 12 months after the date 

13 of enactment of this Act, the Administrator shall, in con14 sultation with relevant Federal and State agencies, submit 

15 to the Congress a biennial report on: 

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

17 ocean and atmospheric environments (including with 

18 respect to climate change); 

19 (2) current and foreseeable trends in the qual20 ity, management and utilization of such environ21 ments; and 

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

23 economic, ecological, and other requirements of the 

24 Nation. 
38

•S 2647 RS 

1 SEC. 211. CONFORMING AMENDMENTS AND REPEALS. 

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

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

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

5 National Oceanic and Atmospheric Administration, the 

6 Under Secretary of Commerce for Oceans and Atmosphere 

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

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

9 and Atmospheric Administration, in any law, rule, regula10 tion, certificate, directive, instruction, or other official 

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

12 deemed to refer and apply to the National Oceanic and 

13 Atmospheric Administration established in this Act, or the 

14 position of Administrator established in this Act, respec15 tively. 

16 (c) REFERENCES TO NOAA AS WITHIN THE DE17 PARTMENT OF COMMERCE.—

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

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

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

21 (15 U.S.C. 1511) is amended by striking paragraph 

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

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

24 (d) CONFORMING AMENDMENT TO TITLE 5.—Sec25 tion 5315 of title 5, United States Code, is amended by 
39

•S 2647 RS 

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

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

3 SEC. 212. SAVINGS PROVISION. 

4 All rules and regulations, determinations, standards, 

5 contracts, certifications, authorizations, appointments, 

6 delegations, results and findings of investigations, or other 

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

8 under the authority of any statute which resulted in the 

9 assignment of functions or activities to the Secretary, the 

10 Department of Commerce, the Under Secretary, the Ad11 ministrator or any other officer of NOAA, in effect imme12 diately before the date of enactment of this Act shall con13 tinue in full force and effect after the date of enactment 

14 of this Act until modified or rescinded. 

15 SEC. 213. TRANSITION. 

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

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

18 enactment of this Act. 

19 (b) REORGANIZATION.—The Administrator of 

20 NOAA, in consultation with the Assistant Administrator 

21 for Program Planning and Integration, shall no later than 

22 18 months after the date of enactment of this Act, submit 

23 a plan and budget proposal to Congress setting forth a 

24 proposal for program and agency reorganization that 

25 will—
40

•S 2647 RS 

1 (1) meet the requirements of title II; 

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

3 Commission on Ocean Policy, particularly with re4 spect to ecosystem-based science and management 

5 and additional budgetary requirements; and 

6 (3) provide integrated oceanic and atmospheric 

7 programs and services for the benefit of the Nation. 

8 TITLE III—FEDERAL 

9 COORDINATION AND ADVICE 

10 SEC. 301. COUNCIL ON OCEAN STEWARDSHIP. 

11 There is established in the Executive Office of the 

12 President a Council on Ocean Stewardship. 

13 SEC. 302. MEMBERSHIP. 

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

15 at least 3 but no more than 5 members who shall be ap16 pointed by the President to serve at the pleasure of the 

17 President, by and with the advice and consent of the Sen18 ate. 

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

20 the members of the Council to serve as Chairman. 

21 (c) QUALIFICATIONS.—Each member shall be a per22 son who, as a result of training, experience, and attach23 ments, is exceptionally well qualified—

24 (1) to analyze and interpret ocean and atmos25 pheric trends and information of all kinds; 
41

•S 2647 RS 

1 (2) to appraise programs and activities of the 

2 Federal Government in the light of the policy set 

3 forth in title I; 

4 (3) to be conscious of and responsive to the sci5 entific, environmental, ecosystem, economic, social, 

6 aesthetic and cultural needs and interests of the Na7 tion; and 

8 (4) to formulate and recommend national poli9 cies to promote the improvement and the quality of 

10 the ocean and atmospheric environments, including 

11 as those environments relate to practices on land. 

12 SEC. 303. FUNCTIONS OF COUNCIL. 

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

14 (1) shall coordinate ocean and atmospheric ac15 tivities among Federal agencies and departments, 

16 particularly focusing on the policy set forth in title 

17 I of this Act and national priorities identified in sec18 tion 304, while minimizing duplication, including en19 suring other ocean-related agencies work together at 

20 the operation, program, and research levels in co21 operation with NOAA; 

22 (2) shall provide a forum for improving Federal 

23 interagency planning, budget and program coordina24 tion, administration, outreach, and cooperation on 

25 such programs and activities; 
42

•S 2647 RS 

1 (3) shall ensure that all Federal agencies en2 gaged in ocean and atmospheric activities adopt and 

3 implement the principle of ecosystem-based manage4 ment and take necessary steps to improve regional 

5 coordination and delivery of services around common 

6 eco-regional boundaries; 

7 (4) shall review and evaluate the various pro8 grams and activities of the Federal Government in 

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

10 national priorities identified in section 304 for the 

11 purpose of determining the extent to which such pro12 grams and activities are effective and contributing to 

13 the achievement of such policy and the overall health 

14 of ocean and atmospheric environment, including 

15 marine ecosystems; 

16 (5) shall conduct an annual review and analysis 

17 of funding proposed for ocean and atmospheric re18 search and management in all Federal agency budg19 ets, and provide budget recommendations to the 

20 President, the agencies, and the Office of Manage21 ment and Budget that will achieve the policies set 

22 forth in title I and address the national priorities 

23 identified in section 304, improve coordination, co24 operation, and effectiveness of such activities, elimi-
43

•S 2647 RS 

1 nate unnecessary overlap, and identify areas of high2 est priority for funding and support; 

3 (6) shall identify progress made by Federal 

4 ocean and atmospheric programs toward achieving 

5 the goals of—

6 (A) providing more effective protection and 

7 restoration of marine ecosystems; 

8 (B) improving predictions of climate 

9 change and variability (weather), including their 

10 effects on coastal communities and the nation; 

11 (C) improving the safety and efficiency of 

12 marine operations; 

13 (D) more effectively mitigating the effects 

14 of natural hazards; 

15 (E) reducing public health risks from 

16 ocean and atmospheric sources; 

17 (F) ensuring sustainable use of resources; 

18 and 

19 (G) improving national and homeland secu20 rity; 

21 (7) shall promote efforts to increase and en22 hance partnerships with coastal and Great Lakes 

23 States and other non-federal entities to support en24 hanced regional research, resource and hazards man-
44

•S 2647 RS 

1 agement, education and outreach, and marine eco2 system protection, maintenance, and restoration; 

3 (8) shall identify statutory and regulatory 

4 redundancies or omissions and develop strategies to 

5 resolve conflicts, fill gaps, and address new and 

6 emerging ocean and atmospheric issues for national 

7 and regional benefit; 

8 (9) shall emphasize the development and sup9 port of partnerships among government agencies 

10 and nongovernmental organizations, academia, and 

11 the private sector including regional partnerships; 

12 (10) shall expand research, education, and out13 reach efforts by all Federal agencies undertaking 

14 ocean and atmospheric activities; and 

15 (11) may establish a Federal Coordinating 

16 Committee on Oceans, chaired by the Council chair17 man, to carry out the coordination of ocean and at18 mospheric programs and priorities required under 

19 this Act. 

20 (b) CONSULTATION.—In exercising its powers, func21 tions, and duties under this Act, the Council shall—

22 (1) consult with the Administrator and with the 

23 Presidential Panel of Advisers on Oceans and Cli24 mate established under this Act to ensure input
45

•S 2647 RS 

1 from potentially affected States, territories, and 

2 Commonwealths, the public and other stakeholders; 

3 (2) work in close consultation and cooperation 

4 with the Council on Environmental Quality, the Of5 fice of Science and Technology Policy, the Council of 

6 Economic Advisers, and other offices within the Ex7 ecutive Office of the President; 

8 (3) utilize the expertise and coordinating capa9 bilities of the National Ocean Science Committee 

10 (and any ocean-related committees formed under the 

11 Council) with respect to ocean and atmospheric 

12 science, technology, and education matters, including 

13 development of a national research strategy; and 

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

15 services, facilities, and information (including statis16 tical information) of public and private agencies and 

17 organization, and individuals, in order that duplica18 tion of effort and expense may be avoided, thus as19 suring that the Council’s activities will not unneces20 sarily overlap or conflict with similar activities au21 thorized by law and performed by NOAA and other 

22 established agencies. 

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

24 (1) prepare the biennial report required by sec25 tion 306 of this title; and 
46

•S 2647 RS 

1 (2) make and furnish such studies, reports 

2 thereon, and recommendations with respect to mat3 ters of policy and legislation as the President may 

4 request. 

5 SEC. 304. NATIONAL PRIORITIES FOR COORDINATION. 

6 The Council, in coordination with the National Ocean 

7 Science Committee, shall ensure that the Federal agencies 

8 conducting ocean and atmospheric activities give the fol9 lowing areas priority attention and develop coordinated 

10 Federal budgets, programs, and operations that will mini11 mize duplication and foster improved services and other 

12 benefits to the Nation: 

13 (1) Prevention, management and control of 

14 nonpoint source pollution including regional or wa15 tershed strategies. 

16 (2) An integrated ocean and coastal observing 

17 system and an associated earth observing system. 

18 (3) Ecosystem-based management, protection, 

19 and restoration of ocean and atmospheric resources 

20 and environments, including management-oriented 

21 research, technical assistance and organization of 

22 programs and activities along common eco-regional 

23 boundaries. 

24 (4) Ocean education and outreach. 
47

•S 2647 RS 

1 (5) Regionally-based coastal land protection, 

2 conservation, maintenance, and restoration. 

3 (6) Enhanced research and technology develop4 ment on crosscutting areas, including—

5 (A) oceans and human health; 

6 (B) social science and economics; 

7 (C) atmospheric monitoring and climate 

8 change; 

9 (D) marine ecosystems, marine biodiver10 sity, and ocean exploration; 

11 (E) marine and atmospheric hazards, in12 cluding sea level rise and geological events; and 

13 (F) marine aquaculture. 

14 (7) Characterization and mapping of the coastal 

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

16 Exclusive Economic Zone and outer continental 

17 shelf, including ocean resources. 

18 SEC. 305. EMPLOYEES. 

19 (a) ASSISTANCE FROM FEDERAL AGENCIES.—

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

21 out the functions of the Council, each Federal agen22 cy or department that conducts oceanic or atmos23 pheric activities shall furnish any assistance re24 quested by the Council. 
48

•S 2647 RS 

1 (2) FORMS OF ASSISTANCE.—Assistance fur2 nished by Federal agencies and departments under 

3 paragraph (1) may include—

4 (A) detailing employees to the Council to 

5 perform such functions, consistent with the pur6 poses of this section, as the Chairman of the 

7 Council may assign to them; and 

8 (B) undertaking, upon request of the 

9 Chairman of the Council, such special studies 

10 for the Council as are necessary to carry out its 

11 functions. 

12 (3) PERSONNEL MANAGEMENT.—The Chairman 

13 of the Council shall have the authority to make per14 sonnel decisions regarding any employees detailed to 

15 the Council. 

16 (b) EMPLOYMENT OF PERSONNEL, EXPERTS, AND

17 CONSULTANTS.—The Council may—

18 (1) employ such officers and employees as may 

19 be necessary to carry out its functions under this 

20 title; 

21 (2) employ and fix the compensation of such ex22 perts and consultants as may be necessary for the 

23 carrying out of its functions under this chapter, in 

24 accordance with section 3109 of title 5, United
49

•S 2647 RS 

1 States Code, (without regard to the last sentence 

2 thereof); and 

3 (3) accept and employ voluntary and uncompen4 sated services in furtherance of the purposes of the 

5 Council notwithstanding section 1342 of title 31, 

6 United States Code. 

7 SEC. 306. BIENNIAL REPORT TO CONGRESS. 

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

9 months after the date of enactment of this Act, the Presi10 dent, through the Council, shall submit to the Congress 

11 a biennial report on Federal ocean and atmospheric pro12 grams, priorities, and accomplishments which shall in13 clude—

14 (1) a comprehensive description of the ocean 

15 and atmospheric programs and accomplishments of 

16 all agencies and departments of the United States; 

17 (2) an evaluation of such programs and accom18 plishments in terms of the national ocean policy set 

19 forth in this Act and the national priorities identi20 fied in section 304, specifying progress made with 

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

22 (3) a report on progress in improving Federal 

23 and State coordination on ocean and atmospheric ac24 tivities, including coordination efforts required in 

25 this Act; 
50

•S 2647 RS 

1 (4) an analysis of the Federal budget allocated 

2 to such programs including estimates of the funding 

3 requirements of each such agency or department for 

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

5 years; 

6 (5) recommendations for remedying deficiencies, 

7 and for improving organization, effectiveness, and 

8 outreach of Federal ocean and atmospheric pro9 grams and services, on a regional and national basis, 

10 including support for State and local efforts that le11 verage public, nongovernmental, and private sector 

12 involvement; and 

13 (6) recommendations for legislative or other ac14 tion. 

15 (b) PRESIDENTIAL TRANSMITTAL.—The President 

16 shall transmit the biennial report pursuant to this section 

17 to the Speaker of the House of Representatives and the 

18 President of the Senate not later than December 31 of 

19 the year in which it is due. 

20 (c) AGENCY COOPERATION.—Each Federal agency 

21 and department shall cooperate by providing such data 

22 and information without cost as may be requested by the 

23 Council for the purpose of this section. Each Federal 

24 agency and department shall provide services and per25 sonnel on a cost reimbursable basis at the request of the 
51

•S 2647 RS 

1 Chairman of the Council for the purpose of accomplishing 

2 the requirements of this section. 

3 SEC. 307. PRESIDENTIAL PANEL OF ADVISERS ON OCEANS 

4 AND CLIMATE. 

5 (a) ESTABLISHMENT; PURPOSE.—The President 

6 shall establish a Presidential Panel of Advisers on Oceans 

7 and Climate. The purpose of the Presidential Panel shall 

8 be—

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

10 Chairman of the Ocean Stewardship Council in iden11 tifying and fostering policies to protect, manage, and 

12 restore ocean and atmospheric environments and re13 sources, both on a regional and national basis; and 

14 (2) to undertake a continuing review, on a se15 lective basis, of priority issues relating to national 

16 ocean and atmospheric policy (including climate 

17 change), conservation and management of ocean en18 vironments and resources, and the status of the 

19 ocean and atmospheric science and service programs 

20 of the United States. 

21 (b) MEMBERSHIP.—

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

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

24 shall be the Chairman of the Council on Ocean 

25 Stewardship, and 24 of whom shall be nonfederal 
52

•S 2647 RS 

1 members appointed by the President, including at 

2 least one representative nominated by a Governor 

3 from each of the coastal regions identified in the Re4 port of the U.S. Commission on Ocean Policy and 

5 representatives of the States and various stake6 holders.

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

8 Ocean Stewardship shall co-chair the Presidential 

9 Panel with a nonfederal member designated by the 

10 President. 

11 (c) APPOINTMENT AND QUALIFICATIONS.—The 

12 members of the Presidential Panel shall be appointed by 

13 the President for 3-year terms from among individuals 

14 with diverse perspectives and expertise in 1 or more of 

15 the disciplines or fields associated with ocean and atmos16 pheric policy, including—

17 (1) marine-related State and local government 

18 functions; 

19 (2) ocean and coastal resource conservation and 

20 management; 

21 (3) atmospheric or ocean science, engineering, 

22 and technology; 

23 (4) the marine industry (including recreation 

24 and tourism); 

25 (5) climate change;
53

•S 2647 RS 

1 (6) atmospheric or coastal hazards; and 

2 (7) other fields appropriate for consideration of 

3 matters of oceanic or atmospheric policy. 

4 (d) VACANCIES.—An individual appointed to fill a va5 cancy occurring before the expiration of the term for which 

6 his or her predecessor was appointed shall be appointed 

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

8 be reappointed to the Presidential Panel for more than 

9 1 additional 3-year term. A member may serve after the 

10 date of the expiration of the term of office for which ap11 pointed until his or her successor has taken office. 

12 (e) COMPENSATION.—Each member of the Presi13 dential Panel shall, while serving on business of the Com14 mission, be entitled to receive compensation at a rate not 

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

16 consistent with other Federal advisory boards. Federal 

17 and State officials serving on the Commission and serving 

18 in their official capacity shall not receive compensation in 

19 addition to their Federal or State salaries for their time 

20 on the Commission. Members of the Presidential Panel 

21 may be compensated for reasonable travel expenses while 

22 performing their duties as members. 

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

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

25 (g) REPORTS.—
54

•S 2647 RS 

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

2 submit an annual report to the President and to the 

3 Congress setting forth an assessment, on a selective 

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

5 and shall submit such other reports as may from 

6 time to time be requested by the President or the 

7 Congress. The Presidential Panel shall submit its 

8 annual report on or before June 30 of each year, be9 ginning 2 years after the date of enactment of this 

10 Act. 

11 (2) COMMENT AND REVIEW BY COUNCIL.—

12 Each annual report shall also be submitted to the 

13 Chairman of the Council on Ocean Stewardship who 

14 shall, in consultation with the Administrator of the 

15 National Oceanic and Atmospheric Administration 

16 within 60 days after receipt thereof, transmit his or 

17 her comments and recommendations to the Presi18 dent and to the Congress. 

19 SEC. 308. FEDERAL PROGRAM RECOMMENDATIONS. 

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

21 report of the Commission on Ocean Policy established by 

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

23 consultation with the Administrator, and considering the 

24 recommendations of the Commission on Ocean Policy, the 

25 Ocean Stewardship Council, and the Presidential Panel of 
55

•S 2647 RS 

1 Advisers on Oceans and Coasts, shall submit to the Con2 gress recommendations—

3 (1) for the transfer of relevant oceanic or at4 mospheric programs, functions, services, and associ5 ated resources to the National Oceanic and Atmos6 pheric Administration from any other Federal agen7 cy; 

8 (2) for consolidation or elimination of oceanic 

9 or atmospheric programs, functions, services, or re10 sources within or among Federal agencies if their 

11 consolidation or elimination would not undermine 

12 policy goals set forth in this Act; and 

13 (3) regarding Federal reorganization, including 

14 elevation of NOAA to departmental status or the es15 tablishment of a new department that would provide 

16 increased national attention and resources to oceanic 

17 and atmospheric needs and priorities. 

18 SEC. 309. IMPLEMENTATION. 

19 Not later than 18 months after the date of enactment 

20 of this Act, the Administrator shall— 

21 (1) promulgate such regulations as may be nec22 essary or appropriate to implement this title; and 

23 (2) submit to the Congress detailed rec24 ommendations on technical and conforming amend-
56

•S 2647 RS 

1 ments to Federal law necessary to carry out this 

2 title and the amendments made by this title. 

3 SEC. 310. NO EFFECT ON OTHER AUTHORITIES. 

4 Except as explicitly provided in this Act, nothing in 

5 this Act or the amendments made by this Act shall be 

6 construed to modify the authority of the Administrator 

7 under any other provision of law.

8 SECTION 1. SHORT TITLE. 

9 This Act may be cited as the ‘‘Fritz Hollings National 

10 Ocean Policy and Leadership Act’’. 

11 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

TITLE I—NATIONAL OCEAN POLICY 

Sec. 101. Findings. 

Sec. 102. Purposes. 

Sec. 103. Policy and implementation. 

TITLE II—NATIONAL OCEANIC AND ATMOSPHERIC 

ADMINISTRATION 

Sec. 201. Establishment. 

Sec. 202. Functions and purposes. 

Sec. 203. National Oceanic and Atmospheric Administration. 

Sec. 204. Powers and authorities. 

Sec. 205. Enforcement. 

Sec. 206. Relationship to Secretary of Commerce. 

Sec. 207. NOAA plan and budget. 

Sec. 208. Research plan. 

Sec. 209. Science Advisory Board. 

Sec. 210. Conforming amendments, repeals, and transition. 

Sec. 211. Report on oceanic and atmospheric conditions and trends. 

Sec. 212. Implementation. 

Sec. 213. Savings provision. 
57

•S 2647 RS 

TITLE III—FEDERAL COORDINATION AND ADVICE 

SUBTITLE A—COUNCIL ON OCEAN STEWARDSHIP

Sec. 301. Establishment of Council. 

Sec. 302. Membership. 

Sec. 303. Functions of the Council. 

Sec. 304. Council employees. 

Sec. 305. Biennial report to Congress.

Sec. 306. Presidential panel of advisers on oceans, atmosphere, and climate 

change. 

Sec. 307. Authorization of appropriations. 

SUBTITLE B—INTERAGENCY SCIENCE COORDINATION

Sec. 321. National Ocean Science Committee. 

Sec. 322. National strategy for ocean science, education, and technology. 

SUBTITLE C—FEDERAL PROGRAMS

Sec. 341. Federal program recommendations. 

Sec. 342. 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 (16 

8 U.S.C. 1453) and coastal watershed areas that have 

9 significant impact on such coastal zones. 

10 (3) NOAA.—The term ‘‘NOAA’’ means the Na11 tional Oceanic and Atmospheric Administration. 

12 (4) OCEAN; OCEANIC.—The term ‘‘ocean’’ in13 cludes coastal regions, the Great Lakes, the seabed, 

14 subsoil, and waters of the territorial sea of the United 

15 States, the waters of the exclusive economic zone of the 

16 United States, the waters of the high seas, and the 
58

•S 2647 RS 

1 seabed and subsoil of and beyond the Outer Conti2 nental Shelf marine environment, and the natural re3 sources therein; and ‘‘oceanic’’ is the adjectival form 

4 of such term.

5 (5) PERSON.—The term ‘‘person’’ has the mean6 ing given that term by section 1 of title 1, United 

7 States Code, but also means any State, political sub8 division of a State, or agency or officer thereof. 

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

10 of the United States, the District of Columbia, the 

11 Commonwealth of Puerto Rico, the Virgin Islands, 

12 Guam, American Samoa, or any other Common13 wealth, territory, or possession of the United States. 

14 (7) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Commerce. 

16 TITLE I—NATIONAL OCEAN 

17 POLICY 

18 SEC. 101. FINDINGS. 

19 The Congress finds the following: 

20 (1) Covering more than two-thirds of the Earth’s 

21 surface, the oceans play a critical role in the global 

22 water cycle and in regulating climate, sustain a large 

23 part of Earth’s biodiversity, provide an important 

24 source of food and a wealth of other natural products, 

25 act as a frontier for scientific exploration, are critical 
59

•S 2647 RS 

1 to national and economic security, and provide a 

2 vital means of transportation. The coastal regions of 

3 the United States have remarkably high biological 

4 productivity and contribute approximately 50 percent 

5 of the gross domestic product of the United States. 

6 (2) The oceans and the atmosphere, and related 

7 earth systems, are susceptible to change as a direct 

8 and indirect result of human activities, and such 

9 changes can significantly impact the ability of the 

10 oceans and atmosphere to provide the benefits upon 

11 which the Nation depends. Changes in ocean and at12 mospheric processes could affect global climate pat13 terns, ecosystem productivity, health, and biodiver14 sity, environmental quality, national security, eco15 nomic competitiveness, availability of energy, vulner16 ability to natural hazards, and transportation safety 

17 and efficiency. 

18 (3) Ocean resources are not infinite, and human 

19 pressure on them is increasing. One half of the Na20 tion’s population lives within 50 miles of the coast. 

21 If population trends continue as expected, coastal de22 velopment and urbanization impacts, which can be 

23 substantially greater than population impacts alone, 

24 will present serious environmental, energy, and water 
60

•S 2647 RS 

1 challenges and increase our vulnerability to coastal 

2 hazards. 

3 (4) Emissions of greenhouse gases and aerosols 

4 due to human activities continue to alter the oceans 

5 and atmosphere in ways that are expected to affect 

6 the climate, with adverse impacts on human health 

7 and the Nation’s economic and environmental secu8 rity. In some coastal regions, air deposition contrib9 utes between 30 to 50 percent of pollutant loadings to 

10 such areas. Improved understanding of such factors 

11 and ideas for mitigating any adverse impacts are ur12 gently needed. 

13 (5) There are enormous opportunities for science 

14 and technology to uncover new sources of energy, food, 

15 and pharmaceuticals from the oceans, and to increase 

16 general understanding of the planet including its at17 mosphere and climate. Realization of such benefits is 

18 jeopardized by a variety of activities and practices 

19 that have reduced the health and productivity of 

20 ocean and atmospheric systems, including pollution, 

21 unsustainable harvesting practices, increasing coastal 

22 development, and proliferation of harmful and 

23 invasive marine species. 

24 (6) Threats to the oceans and the atmosphere, 

25 and related earth systems, are exacerbated by the legal 
61

•S 2647 RS 

1 and geographic fragmentation of authority within the 

2 Federal government. Over half of the existing 15 de3 partments and several independent agencies conduct 

4 activities and programs relating to ocean and atmos5 phere, including climate change activities. Efforts to 

6 understand and effectively address emerging ocean 

7 and atmospheric problems, including through existing 

8 coordination mechanisms, have not been adequate. 

9 (7) Improving and coordinating Federal govern10 ance will require close partnerships with States, tak11 ing into account their public trust responsibilities, 

12 economic and ecological interests in ocean resources, 

13 and the role of State and local governments in imple14 mentation of ocean policies, and managing use of 

15 coastal lands and ocean resources. 

16 (8) Effective enforcement of the laws to protect 

17 and enhance the marine environment, coastal secu18 rity, and the Nation’s natural resources, particularly 

19 through marine safety, fisheries enforcement, aids to 

20 navigation, and hazardous materials spill response 

21 activities is needed to ensure achievement of manage22 ment goals, and priority should be given to increasing 

23 marine enforcement and compliance through coordi24 nated Federal and State actions. 
62

•S 2647 RS 

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

2 Government to create, foster, and maintain condi3 tions, incentives, and programs that will further and 

4 assure the sustainable and effective conservation, 

5 management, and protection of the oceans and atmos6 phere, in order to fulfill the responsibility of each gen7 eration as trustee in protecting, and ensuring that, 

8 such resources will be available to meet the needs of 

9 future generations of Americans. 

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

11 out and realized by formal establishment of a 

12 strengthened and expanded lead Federal civilian 

13 agency with responsibility and resources necessary to 

14 implement the policy and mission and which is dedi15 cated to ocean and atmospheric matters, and by un16 dertaking the functions, programs, and activities of 

17 the Federal Government with respect to the conserva18 tion, management, and protection of the oceans and 

19 atmosphere, including monitoring, forecasting, and 

20 assessment, in a coordinated manner and in accord21 ance with a national ocean policy. 

22 SEC. 102. PURPOSES. 

23 The purposes of this Act are—

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

25 oceans and atmosphere, and, through an organic act, 
63

•S 2647 RS 

1 formally to establish the National Oceanic and At2 mospheric Administration as the lead Federal agency 

3 concerned with ocean and atmospheric matters; 

4 (2) to establish in the National Oceanic and At5 mospheric Administration, by statute, the authorities,

6 functions, and powers relating to the conservation, 

7 management, and protection of the oceans and atmos8 phere, including those previously established by stat9 ute or reorganization plan; 

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

11 the Administration, and the principal officers of the 

12 Administration; 

13 (4) to establish a mechanism for Federal leader14 ship and coordinated action and regular consultation 

15 and coordination with the States and other stake16 holders on national ocean and atmospheric policies 

17 and priorities that are essential to the economic and 

18 environmental security of the Nation; and 

19 (5) to enhance Federal partnerships with the 

20 State and local governments and other stakeholders 

21 with respect to ocean and atmospheric programs and 

22 activities, including management of ocean resources 

23 and identification of appropriate opportunities for 

24 policy-making and decision-making at the state and 

25 local level. 
64

•S 2647 RS 

1 SEC. 103. POLICY AND IMPLEMENTATION. 

2 (a) POLICY.—It is the policy of the United States to 

3 establish and maintain for the benefit of the Nation a co4 ordinated, comprehensive, and long-range national pro5 gram of ocean and atmospheric research, conservation, 

6 management, education, monitoring, and assessment that 

7 will—

8 (1) recognize the linkage of ocean, land, and at9 mospheric systems, including the linkage of those sys10 tems with respect to climate change; 

11 (2) protect life and property against natural and 

12 manmade hazards, including protection through 

13 weather and marine forecasts and warnings; 

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

15 health, productivity, and diversity of the ocean envi16 ronment, including its natural resources and to pre17 vent pollution of the ocean environment; 

18 (4) ensure long-term responsible and sustainable 

19 use of fishery resources and other ocean and coastal 

20 resources held in the public trust, using ecosystem21 based management and an adaptive approach; 

22 (5) assure sustainable coastal development based 

23 on responsible State and community management 

24 and planning, and reflecting the economic and envi25 ronmental values of ocean resources; 
65

•S 2647 RS 

1 (6) develop improved scientific information and 

2 use of the best scientific information available to 

3 make decisions concerning natural, social, and eco4 nomic processes affecting ocean and atmospheric envi5 ronments; 

6 (7) enhance sustainable ocean-related and coast7 al-dependent commerce and transportation, balancing 

8 multiple uses of the ocean environment; 

9 (8) provide for continued investment in and im10 provement of technologies for use in ocean and cli11 mate-related activities, including investments and 

12 technologies designed to promote national economic, 

13 environmental, and food security; 

14 (9) expand human knowledge of marine and at15 mospheric environments and ecosystems, including the 

16 role of the oceans in climate and global environmental 

17 change, the interrelationships of ocean health and 

18 human health, and the advancement of education and 

19 training in fields related to ocean, coastal, and cli20 mate-related activities; 

21 (10) facilitate a collaborative approach that en22 courages the participation of a diverse group of stake23 holders and the public in ocean and atmospheric 

24 science and policy, including persons from under-rep25 resented groups; 
66

•S 2647 RS 

1 (11) promote close cooperation among all govern2 ment agencies and departments, academia, non3 governmental organizations, private sector, and stake4 holders based on this policy to ensure coherent, ac5 countable, and effective planning, regulation, and 

6 management of activities affecting oceans and atmos7 phere, including climate; 

8 (12) promote governance and management of the 

9 nations ocean resources through a partnership of the 

10 Federal Government with States, territories, and 

11 Commonwealths that reflects their sovereign and pub12 lic trust responsibilities and interest in ocean envi13 ronmental, cultural, historic, and economic resources; 

14 and 

15 (13) preserve the role of the United States as a 

16 global leader in ocean, atmospheric, and climate-re17 lated activities, and promote cooperation in the na18 tional interest by the United States with other na19 tions and international organizations in ocean and 

20 climate-related activities. 

21 (b) IMPLEMENTATION.—The President, under guid22 ance from the Council on Ocean Stewardship, and acting 

23 through the Administrator of the National Oceanic and At24 mospheric Administration and other agencies with oceanic 

25 and atmospheric responsibilities, shall implement programs 
67

•S 2647 RS 

1 and activities that carry out the policy set forth in sub2 section (a). 

3 TITLE II—NATIONAL OCEANIC 

4 AND ATMOSPHERIC ADMINIS5 TRATION 

6 SEC. 201. ESTABLISHMENT. 

7 There is established an administration in the Depart8 ment of Commerce, to be known as the National Oceanic 

9 and Atmospheric Administration, which shall be the civil10 ian agency principally responsible for providing oceanic, 

11 weather, atmospheric, and climate services and supporting 

12 research, conservation, management, and education to the 

13 nation. The National Oceanic and Atmospheric Adminis14 tration established under this Act shall succeed the National 

15 Oceanic and Atmospheric Administration established on 

16 October 3, 1970, in Reorganization Plan No. 4 of 1970 and 

17 shall continue the activities of that agency as it was in ex18 istence on the day before the date of enactment of this Act. 

19 SEC. 202. FUNCTIONS AND PURPOSES. 

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

21 following functions, through which it shall carry out the 

22 policy set forth in section 103(a) in a coordinated, inte23 grated, and ecosystem-based manner for the benefit of the 

24 Nation: 
68

•S 2647 RS 

1 (1) Management, conservation, protection, and 

2 restoration of ocean resources, including living ma3 rine resources, habitats and ocean ecosystems;

4 (2) Observation, monitoring, assessment, fore5 casting, prediction, operations and exploration for 

6 ocean and atmospheric environments including 

7 weather, climate, navigation and marine resources; 

8 and 

9 (3) Research, education and outreach, technical 

10 assistance, technology development, and innovation 

11 activities relating to ocean and atmospheric environ12 ments including basic and applied scientific research 

13 and activities that support other agency functions 

14 and missions. 

15 (b) STATE AND FEDERAL COORDINATION.—The Ad16 ministrator shall ensure that NOAA programs and activi17 ties work with State and Federal programs to encourage 

18 early cooperation, coordination, and integration of State 

19 and Federal coastal, oceanic, and atmospheric programs, 

20 including the planning and implementation of regional and 

21 ecosystem-based activities. 

22 (c) INTERNATIONAL COORDINATION.—The Adminis23 trator shall cooperate to the fullest extent practicable with 

24 the Secretary of State in providing representation at all 

25 meetings and conferences relating to actions or activities 
69

•S 2647 RS 

1 described in this Act in which representatives of the United 

2 States and foreign countries participate. The Secretary of 

3 State and any other officer of the United States with re4 sponsibility for agreements, treaties, or understandings 

5 with foreign nations and international organizations shall 

6 consult with the Administrator whenever the subject matter 

7 or activity involved is a subject matter or activity described 

8 in this Act with a view to assuring that the interests of 

9 the United States are adequately represented. 

10 (d) PARTNERSHIPS.—The Administrator shall pro11 mote, support, and enter in partnership with academia, in12 dustry, conservation groups, educators, and other interested 

13 persons to improve the effectiveness of NOAA programs and 

14 activities and enhance public awareness and understanding 

15 of NOAA science, service, and stewardship missions. 

16 SEC. 203. NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS17 TRATION. 

18 (a) ADMINISTRATOR.—

19 (1) APPOINTMENT.—The Administrator is the 

20 head of NOAA. The Administrator shall be appointed 

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

22 of the Senate, and shall be compensated at the rate 

23 now or hereafter provided for Level II of the Execu24 tive Schedule Pay Rates (5 U.S.C. 5313). The term 

25 of office of any individual appointed after the date of 
70

•S 2647 RS 

1 enactment of this Act to serve as Administrator is 5 

2 years. 

3 (2) QUALIFICATIONS.—The Administrator 

4 shall—

5 (A) be a citizen of the United States; 

6 (B) not be a member of the armed forces (as 

7 defined in section 101(a)(4) of title 10, United 

8 States Code); and 

9 (C) have the professional qualifications and 

10 experience necessary to carry out the missions 

11 and purposes of the Administration. 

12 (3) AUTHORITY.—The Administrator shall be re13 sponsible for the exercise of all powers and the dis14 charge of all duties of the Administration, and shall 

15 have authority and control over all personnel and ac16 tivities thereof. 

17 (b) DEPUTY ADMINISTRATOR.—The Administrator 

18 shall have a Deputy Administrator, who shall perform such 

19 duties and functions as the Administrator shall prescribe. 

20 The Deputy Administrator shall be appointed by the Presi21 dent, by and with the advice and consent of the Senate, 

22 based on the individual’s professional qualifications and 

23 without regard to political affiliation, and shall be com24 pensated at the rate provided for Level III of the Executive 

25 Schedule Pay Rates (5 U.S.C. 5314). The Deputy Adminis-
71

•S 2647 RS 

1 trator shall be the Administrator’s first assistant for pur2 poses of subchapter III of chapter 33 of title 5, United 

3 States Code. 

4 (c) CHIEF OPERATING OFFICER.—There shall be a 

5 Chief Operating Officer of NOAA, who shall assume the re6 sponsibilities held by the Deputy Under Secretary of Com7 merce for Oceans and Atmosphere prior to enactment of this 

8 Act. The Chief Operating Officer shall be a Senior Executive 

9 Service position authorized under section 3133 of title 5, 

10 United States Code. 

11 (d) ASSOCIATE ADMINISTRATORS.—There shall be 3 

12 Associate Administrators, appointed by the Administrator, 

13 who shall be responsible for each of the functions established 

14 by section 202(a). The Associate Administrators shall have 

15 the qualifications and experience necessary to fulfill the re16 quirements of the position and shall be compensated at the 

17 rate provided for Level IV of the Executive Schedule Pay 

18 Rates (5 U.S.C. 5315). 

19 (e) ASSISTANT ADMINISTRATORS.—There shall be in 

20 NOAA Assistant Administrators, who shall perform such 

21 duties and exercise such powers as the Administrator may 

22 prescribe. 

23 (f) GENERAL COUNSEL.—There shall be in NOAA a 

24 General Counsel appointed by the President upon rec25 ommendation by the Administrator. The General Counsel 
72

•S 2647 RS 

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

2 which may arise in connection with the conduct of the func3 tions of NOAA. 

4 (g) COMMISSIONED OFFICERS.—

5 (1) The Administrator shall designate an officer 

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

7 vessel and aircraft fleets and for the administration 

8 of NOAA’s commissioned officer corps under section 

9 228 of the National Oceanic and Atmospheric Admin10 istration Commissioned Officer Corps Act of 2002 (33 

11 U.S.C. 3028). 

12 (2) The Commissioned Officer Corps of the Na13 tional Oceanic and Atmospheric Administration es14 tablished by Reorganization Plan No. 4 of October 3, 

15 1970, is the Commissioned Officer Corps of NOAA es16 tablished under this Act. 

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

18 Commissioned Officers Corps of NOAA on the day be19 fore the date of enactment of this Act apply to officers 

20 of the Corps on and after such date. 

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

22 of the Commissioned Officers Corps of NOAA at least 

23 350 officers, plus any additional officers necessary to 

24 support NOAA’s missions and the operation and 

25 maintenance of NOAA’s ships and aircraft.
73

•S 2647 RS 

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

2 and with the advice and consent of the Senate, 2 com3 missioned officers to serve at any one time as the des4 ignated heads of 2 principal constituent organiza5 tional entities of NOAA, or the President may des6 ignate 1 such officer as the head of such an organiza7 tional entity and the other as the head of the commis8 sioned corps of NOAA. Any such designation shall 

9 create a vacancy on the active list and the officer 

10 while serving under this subsection shall have the 

11 rank, pay, and allowances of a rear admiral (upper 

12 half). 

13 (6) Any commissioned officer of NOAA who has 

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

15 serving or is retired after the completion of such serv16 ice while serving in a lower rank or grade, shall be 

17 retired with the rank, pay, and allowances authorized 

18 by law for the highest grade and rank held by him, 

19 but any such officer, upon termination of his ap20 pointment in a rank above that of captain, shall, un21 less appointed or assigned to some other position for 

22 which a higher rank or grade is provided, revert to 

23 the grade and number he would have occupied had he 

24 not served in a rank above that of captain and such 

25 officer shall be an extra number in that grade. 
74

•S 2647 RS 

1 (h) NAVAL DEPUTY.—The Secretary of the Navy, 

2 through the Oceanographer of the Navy, may detail a Naval 

3 Deputy to the Administration on an additional duty basis. 

4 SEC. 204. POWERS AND AUTHORITIES. 

5 In addition to any other authority provided to the Ad6 ministrator by law or by delegation from the Secretary, the 

7 Administrator shall have the following authorities with re8 spect to NOAA and the implementation of this Act: 

9 (1) Authorities that, immediately prior to the en10 actment of this Act, were vested by law in NOAA, or 

11 in the Secretary with respect to NOAA, including 

12 under Reorganization Plan No. 2 of 1965, Reorga13 nization Plan No. 4 of 1970 (5 U.S.C. App.), and sec14 tions 3 and 4 of the Act of October 1, 1890 (15 U.S.C. 

15 312 and 313). 

16 (2) Authority to promulgate rules and regula17 tions as necessary or appropriate. 

18 (3) Without regard to section 3324(a) and (b) of 

19 title 31, United States Code, authority to enter into 

20 and perform such contracts, leases, grants, cooperative 

21 agreements, or other transactions (without regard to 

22 chapter 63 of that title), as may be necessary to carry 

23 out NOAA’s purposes and authorities, on terms it 

24 deems appropriate, with Federal agencies, instrumen25 talities and laboratories, State and local governments, 
75

•S 2647 RS 

1 Native American tribes and organizations, inter2 national organizations, foreign governments, edu3 cational institutions, nonprofit organizations, com4 mercial organizations, and other public and private 

5 persons or entities. The authority conferred on the 

6 Administrator by this paragraph does not include the 

7 authority to contract for services that are an inher8 ently governmental function (as defined in section 5 

9 of the Federal Activities Inventory Reform Act of 

10 1998 (31 U.S.C. 501 note). 

11 (4) Authority to accept from any source, hold, 

12 administer, invest, dispose of and utilize gifts, be13 quests, or devises of services, money, securities or 

14 property (whether real, personal, intellectual or of 

15 any other kind) or any interest therein, and the in16 come therefrom or the proceeds upon disposition there17 of, without regard to section 1342 of title 31, United 

18 States Code, and such money, income, or proceeds 

19 shall be available to NOAA for obligation and expend20 iture to carry out the purposes of NOAA under this 

21 Act. 

22 (5) Authority to use, with their consent, and 

23 with or without reimbursement, the services, equip24 ment, personnel, and facilities of Federal agencies, in25 strumentalities and laboratories, State and local gov-
76

•S 2647 RS 

1 ernments, international organizations, foreign govern2 ments, educational institutions, non-profit organiza3 tions, commercial organizations, Native American 

4 tribes and organizations, and other public and pri5 vate persons or entities. 

6 (6) Authority to disseminate information and 

7 conduct education, technical assistance, and outreach 

8 in direct support of programs and authorities pro9 vided by law, and functions and purposes described 

10 in section 202. 

11 (7) Authority to—

12 (A) acquire (by purchase, lease, or other13 wise), lease, invest, sell, dispose of, or convey 

14 services, money, securities or property (whether 

15 real, personal, intellectual or of any other kind) 

16 or interest therein; and 

17 (B) construct, improve, repair, operate, 

18 maintain and dispose of real or personal prop19 erty, including but not limited to buildings, fa20 cilities, and land. 

21 (8) Authority to—

22 (A) procure the services of experts or con23 sultants (or of organizations of experts or con24 sultants) as described in and in accordance with 

25 the first two sentences of section 3109(b) of title 
77 

•S 2647 RS 

1 5, United States Code, and when determined nec2 essary by the Under Secretary, without regard to 

3 the time limitation in the first sentence of sec4 tion 3109(b), at respective daily rates of pay for 

5 individuals which are not more than the daily 

6 equivalent of the rate of basic pay then currently 

7 paid for Level III of the Executive Schedule of 

8 section 5313 of title 5, United States Code, and 

9 pay in connection with such services travel ex10 penses of individuals, including transportation 

11 and per diem in lieu of subsistence while such 

12 individuals are traveling from their homes or 

13 places of business to official duty stations and 

14 return as may be authorized by law; 

15 (B) install, repair, and maintain telephones 

16 and telephone wiring and pay telephone service 

17 tolls or other charges with respect to residences 

18 owned or leased by the United States Govern19 ment and, to the extent necessary to implement 

20 this Act, other private residences, without regard 

21 to section 1348 of title 31, United States Code; 

22 (C) purchase or hire passenger motor vehi23 cles as necessary for the implementation of this 

24 Act when carrying out official duties; and 
78

•S 2647 RS 

1 (D) expend appropriations for official re2 ception and representation. 

3 SEC. 205. ENFORCEMENT. 

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

5 authority to enforce the applicable provisions of any Act, 

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

7 delegated, or transferred to the Administrator, and any 

8 term of a license, permit, regulation, or order issued pursu9 ant thereto. The Administrator may designate any person, 

10 officer, or agency to exercise his authority under this title. 

11 (b) USE OF STATE PERSONNEL.— 

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

13 (A) utilize by agreement, with or without 

14 reimbursement, the personnel, services, and fa15 cilities of any State agency to the extent the Ad16 ministrator deems it necessary and appropriate 

17 for effective enforcement of any law for which the 

18 Administrator has enforcement authority; and 

19 (B) designate such personnel to exercise the 

20 enforcement authority of the Administrator 

21 under subsection (a). 

22 (2) STATUS AND POWERS.—Any personnel des23 ignated by the Administrator under paragraph 

24 (1)(B)—
79

•S 2647 RS 

1 (A) shall not be deemed to be Federal em2 ployees (except as provided in subparagraph 

3 (D)) and shall not be subject to the provisions of 

4 law relating to Federal employment, including 

5 those relating to hours of work, competitive ex6 amination, rates of compensation, and Federal 

7 employee benefits, but may be considered to be el8 igible for compensation for work-related injuries 

9 under subchapter III of chapter 81 of title 5, 

10 United States Code, sustained while acting pur11 suant to such designation; 

12 (B) shall be considered to be investigative or 

13 law enforcement officers of the United States for 

14 purposes of the tort claim provisions of title 28, 

15 United States Code; 

16 (C) may, to the extent specified by the Ad17 ministrator, search, seize, arrest, and exercise 

18 any other law enforcement functions or authori19 ties described in this title where such authorities 

20 are made applicable by this or other law to em21 ployees, officers, or other persons designated or 

22 employed by the Administrator; and 

23 (D) shall be considered to be officers or em24 ployees of the Department of Commerce for pur-
80

•S 2647 RS 

1 poses of sections 111 and 1114 of title 18, United 

2 States Code. 

3 (c) COOPERATIVE ENFORCEMENT AGREEMENTS.—The 

4 Administrator may enter into cooperative agreements with 

5 State authorities to ensure coordinated enforcement of State 

6 and Federal laws and by such agreements assume enforce7 ment authority under State law when the Administrator 

8 and State authorities deem it to be appropriate. When so 

9 authorized, the Administrator or the Administrator’s des10 ignee may function as a State law enforcement officer with11 in the scope of the delegation, except that Federal law shall 

12 control the resolution of any conflict concerning the em13 ployee status of any Federal officer while enforcing State 

14 law. 

15 SEC. 206. RELATIONSHIP TO SECRETARY OF COMMERCE. 

16 In carrying out its functions, NOAA shall be subject 

17 to the policy direction of the Secretary of Commerce, but 

18 otherwise shall retain responsibility for decisions regarding 

19 the management and administration of its operation and 

20 shall exercise independent control of its budget allocation, 

21 formulation, and expenditures, personnel decisions and 

22 processes, procurement, and other administrative and man23 agement functions in accordance with this title and appli24 cable provisions of law. The responsibility shall include sub25 mission of annual budget requests by NOAA to the Director 
81

•S 2647 RS 

1 of the Office of Management and Budget, who shall provide 

2 for examination of the budget and programs of NOAA with3 in national resource programs. 

4 SEC. 207. NOAA PLAN AND BUDGET. 

5 (a) PLAN AND BUDGET.—Not later than 9 months 

6 after the date of enactment of this Act, the Administrator 

7 shall submit to Congress a plan and budget setting forth 

8 a proposal for program and agency reorganization that 

9 fully considers the recommendations of the U.S. Commis10 sion on Ocean Policy and that will provide improved serv11 ices to the Nation. The plan shall provide for—

12 (1) implementation of title I and this title; 

13 (2) improved effectiveness of NOAA programs, 

14 operations, and budget in accordance with the func15 tions and purposes described in section 202; 

16 (3) a coherent, transparent, and accountable 

17 management and budgetary structure for all agency 

18 functions and purposes; 

19 (4) ecosystem-based science and management, in20 cluding regional information programs; 

21 (5) organization of research, operations and serv22 ices in a manner that supports both regional and na23 tional needs;
82

•S 2647 RS 

1 (6) support for development of regulatory, man2 agement, and incentive-based approaches designed to 

3 integrate multiple statutory mandates; 

4 (7) ensuring crosscutting activities among mis5 sions, in cooperation with the activities of other Fed6 eral and State agencies, and transfer of products and 

7 services among the 3 agency functions set forth in sec8 tion 202(a); 

9 (8) maximizing opportunities to work in part10 nership with States and other stakeholders to promote 

11 ecosystem-based science and management, develop ef12 fective education and outreach efforts, and enhance 

13 capacity to manage issues on an eco-regional basis; 

14 and 

15 (9) the maintenance and replacement of facili16 ties, vessels, aircraft, and major equipment required 

17 to perform and support NOAA missions. 

18 (b) CONSULTATION AND PUBLIC COMMENT.—The plan 

19 shall be developed in consultation with interested parties, 

20 including representatives of the States, academia, industry, 

21 conservation organizations, and labor organizations cer22 tified as the exclusive representatives of Administration em23 ployees pursuant to chapter 71 of title 5, United States 

24 Code. The draft plan shall be published in the Federal Reg-
83

•S 2647 RS 

1 ister for public notice and comment at least 60 days prior 

2 to final submission to Congress. 

3 SEC. 208. RESEARCH PLAN. 

4 The Administrator of the National Oceanic and At5 mospheric Administration shall develop a 20-year inte6 grated research plan for the agency setting forth its sci7 entific goals and priorities, as well as programmatic ac8 tions to carry out those goals and priorities. The research 

9 plan shall provide for exploration of the ocean environment, 

10 development of methods and instruments to study and mon11 itor the oceans and atmosphere, the conduct of basis and 

12 applied ocean and atmospheric research, including climate 

13 change, and education and training and public outreach 

14 activities. The plan shall—

15 (1) articulate goals, priorities, and pro16 grammatic actions for the agency in 5-year phases; 

17 (2) identify linkages between Administration re18 search activities and missions; 

19 (3) identify how Administration laboratories, 

20 joint institutes, cooperative institutes, joint centers, 

21 and the extramural research and education commu22 nity will participate and assist in achieving the goals 

23 of the plan; 

24 (4) consider the recommendations of relevant re25 ports prepared by the National Research Council and 
84

•S 2647 RS 

1 international scientific institutions and organiza2 tions; 

3 (5) be developed in consultation with pro4 grammatic offices, the extramural research and edu5 cation community, States, and interested members of 

6 the public; and 

7 (6) be revised or updated every 5-to-7 years. 

8 SEC. 209. SCIENCE ADVISORY BOARD. 

9 (a) IN GENERAL.—There shall be within the Adminis10 tration a Science Advisory Board, which shall provide such 

11 scientific advice as may be requested by the Administrator 

12 or the Congress. 

13 (b) PURPOSE.—The purpose of the Science Advisory 

14 Board is to advise the Administrator and, upon request, 

15 the Congress on long-range and short-range strategies for 

16 research, education, and the application of science to re17 source management and environmental assessment and pre18 diction. 

19 (c) MEMBERS.—

20 (1) IN GENERAL.—The Science Advisory Board 

21 shall consist of not more than 15 members appointed 

22 by the Administrator to ensure a balanced representa23 tion among eminent scientists, engineers, educators, 

24 resource managers and science and ocean resource 
85

•S 2647 RS 

1 policy experts reflecting the full breadth of the Admin2 istration’s areas of responsibility. 

3 (2) TERMS OF SERVICE.—Members shall be ap4 pointed for 3-year terms, renewable once, and shall 

5 serve at the discretion of the Administrator. An indi6 vidual serving a term as a member of the Science Ad7 visory Board on the date of enactment of this Act 

8 may complete that term, and may be reappointed 

9 once for another term of 3 years unless the term being 

10 served on such date of enactment is the second term 

11 served by that individual. Vacancy appointments 

12 shall be for the remainder of the unexpired term of the 

13 vacancy, and an individual so appointed may subse14 quently be appointed for 2 full 3-year terms if the re15 mainder of the unexpired term is less than one year. 

16 (3) CHAIRPERSON.—The Administrator shall 

17 designate a chairperson from among the members of 

18 the Board. 

19 (4) APPOINTMENT.—Members of the Science Ad20 visory Board shall be appointed as special Govern21 ment employees, within the meaning given such term 

22 in section 202(a) of title 18, United States Code. 

23 (5) CRITERIA FOR SELECTION.—The Adminis24 trator shall develop and apply standard criteria, in 

25 accordance with applicable Department of Commerce 
86

•S 2647 RS 

1 guidance, for the selection of members of the Science 

2 Advisory Board. 

3 (d) ADMINISTRATIVE PROVISIONS.—

4 (1) REPORTING.—The Science Advisory Board 

5 shall report to the Administrator and the appropriate 

6 requesting party. 

7 (2) ADMINISTRATIVE SUPPORT.—The Adminis8 trator shall provide administrative support to the 

9 Science Advisory Board. 

10 (3) MEETINGS.—The Science Advisory Board 

11 shall meet at least twice each year, and at other times 

12 at the call of the Administrator or the Chairperson. 

13 (4) COMPENSATION AND EXPENSES.—A member 

14 of the Science Advisory Board shall not be com15 pensated for service on such board, but upon request 

16 by the member may be allowed travel expenses, in17 cluding per diem in lieu of subsistence, in accordance 

18 with subchapter I of chapter 57 of title 5, United 

19 States Code. 

20 (5) SUBCOMMITTEES.—The Science Advisory 

21 Board may establish such subcommittees of its mem22 bers as may be necessary. The Science Advisory 

23 Board may establish task forces and working groups 

24 consisting of Board members and outside experts as 

25 may be necessary.
87

•S 2647 RS 

1 (e) EXPIRATION.—Section 14 of the Federal Advisory 

2 Committee Act (5 U.S.C. App.) shall not apply to the 

3 Science Advisory Board. 

4 SEC. 210. CONFORMING AMENDMENTS, REPEALS, AND 

5 TRANSITION. 

6 (a) Reorganization Plan No. 4 of 1970 (5 U.S.C. App. 

7 1) is repealed. 

8 (b) Any reference, in any law, rule, regulation, direc9 tive, or instruction, or certificate or other official document, 

10 in force immediately prior to enactment of this Act—

11 (1) to the National Oceanic and Atmospheric 

12 Administration shall be deemed to refer and apply to 

13 the National Oceanic and Atmospheric Administra14 tion established by section 201 of this title; 

15 (2) to the Under Secretary of Commerce for 

16 Oceans and Atmosphere, or to the Administrator of 

17 the National Oceanic and Atmospheric Administra18 tion, shall be deemed to refer and apply to the Ad19 ministrator of the National Oceanic and Atmospheric 

20 Administration to whom subsection 203(a) of this Act 

21 refers; and 

22 (3) to any other position in NOAA shall be 

23 deemed to refer and apply to that same position in 

24 the National Oceanic and Atmospheric Administra25 tion established by section 201 of this title. 
88

•S 2647 RS 

1 (c) Section 407 of Public Law 99–659 (100 Stat. 3739) 

2 is amended by striking subsection (a) (15 U.S.C. 1503b) 

3 and subsection (b) (15 U.S.C. 1507c). 

4 SEC. 211. REPORT ON OCEANIC AND ATMOSPHERIC CONDI5 TIONS AND TRENDS. 

6 Beginning not later than 12 months after the date of 

7 enactment of this Act, the Administrator shall, in consulta8 tion with relevant Federal and State agencies, submit to 

9 the Congress a biennial report, in a consistent format, on—

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

11 ocean and atmospheric environments (including with 

12 respect to climate change); 

13 (2) current and foreseeable trends in the quality, 

14 management and utilization of such environments; 

15 and 

16 (3) the effects of those trends on the social, eco17 nomic, ecological, and other requirements of the Na18 tion. 

19 SEC. 212. IMPLEMENTATION. 

20 Not later than 18 months after the date of enactment 

21 of this Act, the Administrator shall— 

22 (1) promulgate such regulations as may be nec23 essary or appropriate to implement this Act; and 

24 (2) submit to the Congress detailed recommenda25 tions on technical and conforming amendments to 
89

•S 2647 RS 

1 Federal law necessary to carry out this title and the 

2 amendments made by this Act. 

3 SEC. 213. SAVINGS PROVISION. 

4 All rules and regulations, determinations, standards, 

5 contracts, certifications, authorizations, appointments, col6 lective bargaining agreements, delegations, results and find7 ings of investigations, or other actions duly issued, made, 

8 or taken by or pursuant to or under the authority of any 

9 statute which resulted in the assignment of functions or ac10 tivities to the Secretary, the Department of Commerce, the 

11 Under Secretary of Commerce for Oceans and Atmosphere, 

12 the Administrator or any other officer of NOAA, in effect 

13 immediately before the date of enactment of this Act shall 

14 continue in full force and effect after the date of enactment 

15 of this Act until modified or rescinded. 

16 TITLE III—FEDERAL 

17 COORDINATION AND ADVICE 

18 SUBTITLE A—COUNCIL ON OCEAN STEWARDSHIP

19 SEC. 301. ESTABLISHMENT OF COUNCIL. 

20 There is established in the Executive Office of the 

21 President a Council on Ocean Stewardship. 

22 SEC. 302. MEMBERSHIP. 

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

24 at least 3 but no more than 5 members who shall be ap-
90

•S 2647 RS 

1 pointed by the President to serve at the pleasure of the 

2 President, by and with the advice and consent of the Senate. 

3 (b) QUALIFICATIONS.—Each member shall be an indi4 vidual who, as a result of training, experience, and attach5 ments, is exceptionally well-qualified—

6 (1) to analyze and interpret ocean and atmos7 pheric trends and information of all kinds; 

8 (2) to appraise programs and activities of the 

9 Federal Government in light of the policy set forth in 

10 section 103 of this Act; 

11 (3) to be conscious of and responsive to the sci12 entific, environmental, ecosystem, economic, social, 

13 aesthetic, and cultural needs and interests of the Na14 tion; and 

15 (4) to formulate and recommend national poli16 cies to promote the improvement and the quality of 

17 the ocean and atmospheric environments, including 

18 as those environments relate to practices on land. 

19 (c) CHAIRMAN.—The President shall designate 1 of the 

20 members of the Council to serve as Chairman. 

21 (d) COMPENSATION OF MEMBERS.—Members of the 

22 Council shall serve full time. The Chairman of the Council 

23 shall be compensated at the rate provided for Level II of 

24 the Executive Schedule Pay Rates (5 U.S.C. 5313). The 

25 other members of the Council shall be compensated at the 
91

•S 2647 RS 

1 rate provided for Level IV of the Executive Schedule Pay 

2 Rates (5 U.S.C. 5315). 

3 SEC. 303. FUNCTIONS OF THE COUNCIL. 

4 (a) COORDINATION AND ADVICE.—The Council shall—

5 (1) provide a forum for improving Federal inter6 agency planning, budget and program coordination, 

7 administration, outreach, and cooperation, particu8 larly on crosscutting programs and activities that re9 quire coordinated Federal action, such as nonpoint 

10 source pollution, ecosystem-based conservation and 

11 management, ocean education, and monitoring, re12 search and technology development for oceans and at13 mosphere; 

14 (2) gather timely and authoritative information 

15 concerning the conditions and trends in the quality of 

16 the ocean and atmospheric environment both current 

17 and prospective, analyze and interpret such informa18 tion for the purpose of determining whether such con19 ditions and trends are interfering, or are likely to 

20 interfere, with the achievement of the policy set forth 

21 in section 103 of this Act, and compile and submit 

22 to the President studies relating to such conditions 

23 and trends; 

24 (3) review and appraise the various programs 

25 and activities of the Federal Government in the light 
92

•S 2647 RS 

1 of the policy set forth in section 103 of this Act for 

2 the purpose of determining the extent to which such 

3 programs and activities are effective and contributing 

4 to the achievement of such policy, and make rec5 ommendations to the President with respect thereto; 

6 (4) identify statutory and regulatory 

7 redundancies or omissions and develop strategies to 

8 resolve conflicts, fill gaps, and address new and 

9 emerging ocean and atmospheric issues for national 

10 and regional benefit; 

11 (5) develop and issue recommendations and 

12 guidance for establishing mechanisms to assure the 

13 coordination of Federal ocean, coastal and atmos14 pheric programs and activities at the regional level 

15 that complement and enhance existing regional and 

16 State initiatives, encourage early cooperation and in17 tegration across Federal agencies and with relevant 

18 State programs, support effective regional ecosystem 

19 management and science at the Federal, State and 

20 local level, and further the policy set forth in section 

21 103 of this Act; 

22 (6) expand research, education, and outreach ef23 forts by all Federal agencies undertaking ocean and 

24 atmospheric activities; and
93

•S 2647 RS 

1 (7) conduct an annual review and analysis of 

2 funding proposed for ocean and atmospheric research 

3 and management in all Federal agency budgets, and 

4 provide budget recommendations to the President, the 

5 agencies, and the Office of Management and Budget 

6 that will achieve the policies set forth in section 103, 

7 improve coordination, cooperation, and effectiveness 

8 of such activities, eliminate unnecessary overlap, and 

9 identify areas of highest priority for funding and 

10 support. 

11 (b) CONSULTATION.—In exercising its powers, func12 tions, and duties under this Act, the Council shall—

13 (1) consult with the Administrator and the 

14 States, and with such representatives of science, in15 dustry, agriculture, labor, conservation organizations, 

16 local governments and other groups, as it deems ad17 visable; and 

18 (2) utilize, to the fullest extent possible, the serv19 ices, facilities, and information (including statistical 

20 information) of public and private agencies and orga21 nizations, and individuals, in order that duplication 

22 of effort and expense may be avoided, thus assuring 

23 that the Council’s activities will not unnecessarily 

24 overlap or conflict with similar activities authorized 

25 by law and performed by established agencies. 
94

•S 2647 RS 

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

2 (1) prepare the biennial report required by sec3 tion 305 of this title; and 

4 (2) make and furnish such studies, reports there5 on, and recommendations with respect to matters of 

6 policy and legislation as the President may request. 

7 SEC. 304. COUNCIL EMPLOYEES. 

8 (a) ASSISTANCE FROM FEDERAL AGENCIES.—

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

10 out the functions of the Council, each Federal agency 

11 or department that conducts oceanic or atmospheric 

12 activities shall furnish any assistance requested by the 

13 Council. 

14 (2) FORMS OF ASSISTANCE.—Assistance fur15 nished by Federal agencies and departments under 

16 paragraph (1) may include—

17 (A) detailing employees to the Council to 

18 perform such functions, consistent with the pur19 poses of this section, as the Chairman of the 

20 Council may assign to them; and 

21 (B) undertaking, upon request of the Chair22 man of the Council, such special studies for the 

23 Council as are necessary to carry out its func24 tions. 
95

•S 2647 RS 

1 (3) PERSONNEL MANAGEMENT.—The Chairman 

2 of the Council shall have the authority to make per3 sonnel decisions regarding any employees detailed to 

4 the Council. 

5 (b) EMPLOYMENT OF PERSONNEL, EXPERTS, AND CON6 SULTANTS.—The Council may—

7 (1) employ such officers and employees as may 

8 be necessary to carry out its functions under this 

9 title; 

10 (2) employ and fix the compensation of such ex11 perts and consultants as may be necessary for the car12 rying out of its functions under this chapter, in ac13 cordance with section 3109 of title 5, United States 

14 Code, (without regard to the last sentence thereof); 

15 and 

16 (3) accept and employ voluntary and uncompen17 sated services in furtherance of the purposes of the 

18 Council notwithstanding section 1342 of title 31, 

19 United States Code. 

20 SEC. 305. BIENNIAL REPORT TO CONGRESS. 

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

22 months after the date of enactment of this Act, the Presi23 dent, through the Council, shall submit to the Congress a 

24 biennial report on Federal ocean and atmospheric pro-
96

•S 2647 RS 

1 grams, priorities, and accomplishments which shall in2 clude—

3 (1) a comprehensive description of the ocean and 

4 atmospheric programs and accomplishments of all 

5 agencies and departments of the United States; 

6 (2) an evaluation of such programs and accom7 plishments in terms of the national ocean policy set 

8 forth in section 103 of this Act; 

9 (3) a report on progress in improving Federal 

10 and State coordination on ocean and atmospheric ac11 tivities, including implementation of Mechanisms to 

12 support coordination at the regional ecosystem level 

13 and other coordination efforts required in this Act; 

14 (4) an analysis of the Federal budget allocated to 

15 such programs including estimates of the funding re16 quirements of each such agency or department for 

17 such programs during the succeeding 10 fiscal years; 

18 (5) recommendations for remedying deficiencies, 

19 and for improving organization, effectiveness, and 

20 outreach of Federal ocean and atmospheric programs 

21 and services, on a regional and national basis, in22 cluding support for State and local efforts that lever23 age public, nongovernmental, and private sector in24 volvement; and
97

•S 2647 RS 

1 (6) recommendations for legislative or other ac2 tion. 

3 (b) PRESIDENTIAL TRANSMITTAL.—The President 

4 shall transmit the biennial report pursuant to this section 

5 to the Speaker of the House of Representatives and the 

6 President of the Senate not later than December 31 of the 

7 year in which it is due. 

8 (c) AGENCY COOPERATION.—Each Federal agency and 

9 department shall cooperate by providing such data and in10 formation without cost as may be requested by the Council 

11 for the purpose of this section. Each Federal agency and 

12 department shall provide services and personnel on a cost 

13 reimbursable basis at the request of the Chairman of the 

14 Council for the purpose of accomplishing the requirements 

15 of this section. 

16 SEC. 306. PRESIDENTIAL PANEL OF ADVISERS ON OCEANS, 

17 ATMOSPHERE, AND CLIMATE CHANGE. 

18 (a) ESTABLISHMENT.—The President may establish a 

19 Presidential Panel of Advisers on Oceans, Atmosphere, and 

20 Climate Change. The purpose of the Presidential Panel shall 

21 be—

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

23 Chairman of the Ocean Stewardship Council in iden24 tifying and fostering policies to protect, manage, and 
98

•S 2647 RS 

1 restore ocean and atmospheric environments and re2 sources, both on a regional and national basis; and 

3 (2) to undertake a continuing review, on a selec4 tive basis, of priority issues relating to national ocean 

5 and atmospheric policy (including climate change), 

6 conservation and management of ocean environments 

7 and resources, and the status of the ocean and atmos8 pheric science and service programs of the United 

9 States. 

10 (b) MEMBERSHIP.—

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

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

13 shall be the Chairman of the Council on Ocean Stew14 ardship, and 24 of whom shall be nonfederal members 

15 appointed by the President, including at least one 

16 representative nominated by a Governor from each of 

17 the coastal regions identified in the Report of the U.S. 

18 Commission on Ocean Policy and representatives of 

19 the States and various stakeholders. The President 

20 shall appoint members to serve 3-year terms. 

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

22 Ocean Stewardship shall co-chair the Presidential 

23 Panel with a nonfederal member designated by the 

24 President. 
99

•S 2647 RS 

1 SEC. 307. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to carry out 

3 the functions of the Council established by section 301 not 

4 to exceed $4,000,000 for fiscal year 2005, $4,120,000 for 

5 fiscal year 2006, $4,244,000 for fiscal year 2007, $4,371,000 

6 for fiscal year 2008, $4,502,000 for fiscal year 2009, and 

7 $4,637,000 for fiscal year 2010. 

8 SUBTITLE B—INTERAGENCY SCIENCE COORDINATION

9 SEC. 321. NATIONAL OCEAN SCIENCE COMMITTEE. 

10 (a) COMMITTEE.—The Chair of the National Science 

11 and Technology Council, in consultation with the Chair of 

12 the Council on Ocean Stewardship, shall establish a Na13 tional Ocean Science Committee. 

14 (b) MEMBERSHIP.—The Committee shall be composed 

15 of the following members: 

16 (1) The Administrator of the National Oceanic 

17 and Atmospheric Administration. 

18 (2) The Secretary of the Navy. 

19 (3) The Director of the National Science Foun20 dation. 

21 (4) The Administrator of the National Aero22 nautics and Space Administration. 

23 (5) The Under Secretary of Energy for Energy, 

24 Science, and Environment. 

25 (6) The Administrator of the Environmental 

26 Protection Agency. 
100

•S 2647 RS 

1 (7) The Under Secretary of Homeland Security 

2 for Science and Technology. 

3 (8) The Commandant of the Coast Guard. 

4 (9) The Director of the United States Geological 

5 Survey. 

6 (10) The Director of the Minerals Management 

7 Service. 

8 (11) The Commanding General of the Army 

9 Corps of Engineers. 

10 (12) The Director of the National Institutes of 

11 Health. 

12 (13) Under Secretary of Agriculture for Re13 search, Education, and Economics. 

14 (14) The Assistant Secretary of State for Oceans 

15 and International Environmental and Scientific Af16 fairs. 

17 (15) The Director of the Defense Advanced Re18 search Projects Agency. 

19 (16) The Director of the Office of Science and 

20 Technology Policy. 

21 (17) The Director of the Office of Management 

22 and Budget. 

23 (18) The leadership of such other Federal agen24 cies and departments as the chair and vice chairs of 

25 the Committee deem appropriate. 
101

•S 2647 RS 

1 (c) CHAIR AND VICE CHAIRS.—The chair and vice 

2 chairs of the Committee shall be appointed every 2 years 

3 by a selection subcommittee of the Committee composed of, 

4 at a minimum, the Administrator of the National Oceanic 

5 and Atmospheric Administration, the Director of the Na6 tional Science Foundation, and the Secretary of the Navy. 

7 The term of office of the chair and vice chairs shall be 2 

8 years. A person who has previously served as chair or vice 

9 chair may be reappointed. 

10 (d) RESPONSIBILITIES.—The Committee shall—

11 (1) serve as the primary source of advice and 

12 support on ocean science for the National Science and 

13 Technology Council and the Council on Ocean Stew14 ardship and assist in carrying out the functions of 

15 the Council as they relate to such matters, including 

16 budgetary analyses; 

17 (2) serve as the committee on ocean science for 

18 the Council and carry out its functions under section 

19 401 of the National Science and Technology Policy, 

20 Organization, and Priorities Act of 1976 (42 U.S.C. 

21 6651) that relate to ocean sciences; 

22 (3) improve cooperation among Federal depart23 ments and agencies with respect to ocean science 

24 budgets, programs, operations, facilities and per25 sonnel;
102

•S 2647 RS 

1 (4) provide a forum for development of the strat2 egy and oversee its implementation; 

3 (5) suggest policies and procedures and provide 

4 support for interagency ocean science programs; 

5 (6) oversee the implementation of an integrated 

6 and sustained ocean and coastal observing system; 

7 (7) establish interagency subcommittees and 

8 working groups as appropriate to develop comprehen9 sive and balanced Federal programs and approaches 

10 to ocean science needs; 

11 (8) coordinate United States government activi12 ties with those of other nations and with inter13 national ocean observing efforts, research and tech14 nology and education; and 

15 (9) carry out such other activities as the Council 

16 may require. 

17 SEC. 322. NATIONAL STRATEGY FOR OCEAN SCIENCE, EDU18 CATION, AND TECHNOLOGY. 

19 (a) IN GENERAL.—The Chair of the National Science 

20 and Technology Council, through the Committee, shall de21 velop a National Strategy for Ocean Science, Education 

22 and Technology. The Chair shall submit the strategy to the 

23 Congress within one year after the date of enactment of this 

24 title, and a revised strategy shall be submitted at least once 

25 every three years thereafter. The initial strategy shall be 
103

•S 2647 RS 

1 based on the recommendations of the United States Com2 mission on Ocean Policy and shall establish, for the 10-

3 year period beginning in the year the strategy is submitted, 

4 the scientific goals and priorities for research, technology, 

5 education, outreach, and operations which most effectively 

6 advance knowledge and provide usable information for 

7 ocean policy decisions. 

8 (b) SPECIFIC ACTIONS.—The strategy shall—

9 (1) provide for a doubling of the Federal invest10 ment in ocean science research over 5 years and for 

11 additional investments in education and outreach, 

12 technology development, and ocean exploration; 

13 (2) identify and address relevant programs and 

14 activities of the members of the Committee that con15 tribute to the goals and priorities, setting forth the 

16 role of and funding for each such member in imple17 menting the strategy; 

18 (3) establish mechanisms for accelerating the 

19 transition of—

20 (A) commercial or military technologies and 

21 data to civilian research, education, and oper22 ations applications; and 

23 (B) technologies and tools developed by gov24 ernment and university scientists to operations, 
104

•S 2647 RS 

1 including both governmental and non-govern2 mental uses; 

3 (4) consider and use, as appropriate, reports and 

4 studies conducted by Federal agencies and depart5 ments, the National Research Council, or other enti6 ties; and 

7 (5) make recommendations for the coordination 

8 of Federal ocean science activities with those of 

9 States, regional entities, other nations, and inter10 national organizations. 

11 (c) ELEMENTS.—The strategy shall include the fol12 lowing elements: 

13 (1) Global measurements on all relevant spatial 

14 and time scales. 

15 (2) Partnerships among Federal agencies, states, 

16 academia, industries, and other members of the ocean 

17 science community. 

18 (3) Oceanographic facility support, including the 

19 procurement, maintenance and operation of observing 

20 and research platforms, such as ships and aircraft, 

21 laboratories, and related infrastructure. 

22 (4) Focused research initiatives and competitive 

23 research grants. 

24 (5) Technology and sensor development, includ25 ing the transition of such technologies to operations. 
105

•S 2647 RS 

1 (6) Workforce and professional development in2 cluding traineeships, scholarships, fellowships and in3 ternships. 

4 (7) Ocean science education coordination and es5 tablishment of mechanisms to improve ocean literacy 

6 and contribute to public awareness of the condition 

7 and importance of the oceans. 

8 (8) Information management systems that allow 

9 analysis of data from varied sources to produce infor10 mation readily usable by policymakers and stake11 holders. 

12 (d) PUBLIC PARTICIPATION.—In developing the strat13 egy, the Committee shall consult with the Advisory Panel, 

14 academic, State, industry, and conservation groups and 

15 representatives. Not later than 90 days before the Chair of 

16 the Council submits the strategy, or any revision thereof, 

17 to the Congress, a summary of the proposed strategy or revi18 sion shall be published in the Federal Register for a public 

19 comment period of not less than 60 days. 

20 SUBTITLE C—FEDERAL PROGRAMS

21 SEC. 341. FEDERAL PROGRAM RECOMMENDATIONS. 

22 Not later than 2 years after the issuance of the final 

23 report of the Commission on Ocean Policy established by 

24 section 3 of the Oceans Act of 2000, the President, in con25 sultation with the Administrator and the Ocean Steward-
106

•S 2647 RS 

1 ship Council, shall submit to the Congress recommendations 

2 on, and a plan and proposed schedule for—

3 (1) the transfer of relevant oceanic or atmos4 pheric programs, functions, services, and associated 

5 resources to the National Oceanic and Atmospheric 

6 Administration from any other Federal agency; 

7 (2) consolidation or elimination of oceanic or at8 mospheric programs, functions, services, or resources 

9 within or among Federal agencies if their consolida10 tion or elimination would not undermine policy goals 

11 set forth in this Act; and 

12 (3) reorganization, including establishment of 

13 NOAA as an independant agency, elevation of NOAA 

14 to departmental status, or the establishment of a new 

15 department that would provide increased national at16 tention and resources to oceanic and atmospheric 

17 needs and priorities and promote an integrated eco18 system and watershed-based approach. 

19 SEC. 342. NO EFFECT ON OTHER AUTHORITIES. 

20 Except as explicitly provided in this Act, nothing in 

21 this Act or the amendments made by this Act shall be con22 strued to modify the authority of the Administrator or the 

23 National Weather Service under any other provision of law.

Calendar No. 799

108TH CONGRESS 

2D SESSION S. 2647

[Report No. 108–407] 

A BILL

To establish a national ocean policy, to set forth 

agency coordination, and for other purposes. pheric Administration, to ensure effective interthe missions of the National Oceanic and AtmosNOVEMBER 10, 2004

Reported with an amendment