[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2647 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2647

To establish a national ocean policy, to set forth the missions of the 
 National Oceanic and Atmospheric Administration, to ensure effective 
           interagency coordination, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2004

  Mr. Hollings (for himself, Mr. Stevens, Mr. Inouye, and Mr. Gregg) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To establish a national ocean policy, to set forth the missions of the 
 National Oceanic and Atmospheric Administration, to ensure effective 
           interagency coordination, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Ocean Policy and Leadership 
Act''.

SEC. 2. TABLE OF CONTENTS.

    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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of NOAA.
            (2) Coastal Region.--The term ``coastal region'' means the 
        coastal zone as defined in section 304 of the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1453) and coastal watershed 
        areas that have significant impact on such coastal zones.
            (3) NOAA.--The term ``NOAA'' means the National Oceanic and 
        Atmospheric Administration.
            (4) Oceans.--The term ``ocean'' includes coastal areas, the 
        Great Lakes, the seabed, subsoil, and waters of the territorial 
        sea of the United States, the waters of the exclusive economic 
        zone of the United States; the waters of the high seas; and the 
        seabed and subsoil of and beyond the Outer Continental Shelf 
        marine environment, and the natural resources therein.
            (5) Person.--The term ``person'' has the meaning given that 
        term by section 1 of title 1, United States Code, but also 
        means any State, political subdivision of a State, or agency or 
        officer thereof.
            (6) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, or any 
        other Commonwealth, territory, or possession of the United 
        States.

                     TITLE I--NATIONAL OCEAN POLICY

SEC. 101. FINDINGS.

    The Congress finds the following:
            (1) Covering more than two-thirds of the Earth's surface, 
        the oceans play a critical role in the global water cycle and 
        in regulating climate, sustain a large part of Earth's 
        biodiversity, provide an important source of food and a wealth 
        of other natural products, act as a frontier for scientific 
        exploration, are critical to national and economic security, 
        and provide a vital means of transportation. The coastal 
        regions of the United States have remarkably high biological 
        productivity and contribute approximately 50 percent of the 
        gross domestic product of the United States.
            (2) The oceans and the atmosphere are susceptible to change 
        as a direct and indirect result of human activities, and such 
        changes can significantly impact the ability of the oceans and 
        atmosphere to provide the benefits upon which the Nation 
        depends. Changes in ocean and atmospheric processes could 
        affect global climate patterns, ecosystem productivity, health, 
        and biodiversity, environmental quality, national security, 
        economic competitiveness, availability of energy, vulnerability 
        to natural hazards, and transportation safety and efficiency.
            (3) Ocean resources are not infinite, and human pressure on 
        them is increasing. One half of the Nation's population lives 
        within 50 miles of the coast. If population trends continue as 
        expected, coastal development and urbanization impacts, which 
        can be substantially greater than population impacts alone, 
        will present serious environmental, energy, and water 
        challenges and increase our vulnerability to coastal hazards.
            (4) Emissions of greenhouse gases and aerosols due to human 
        activities continue to alter the oceans and atmosphere in ways 
        that are expected to affect the climate, with adverse impacts 
        on human health and the Nation's economic and environmental 
        security. In some coastal regions, air deposition contributes 
        between 30-50 percent of pollutant loadings to such areas. 
        Improved understanding of such factors and ideas for mitigating 
        any adverse impacts are urgently needed.
            (5) There are enormous opportunities for science and 
        technology to uncover new sources of energy, food, and 
        pharmaceuticals from the oceans, and to increase general 
        understanding of the planet including its atmosphere and 
        climate. Realization of such benefits is jeopardized by a 
        variety of activities and practices that have reduced the 
        health and productivity of ocean and atmospheric systems, 
        including pollution, unsustainable harvesting practices, 
        increasing coastal development, and proliferation of harmful 
        and invasive marine species.
            (6) Threats to the oceans and atmosphere are exacerbated by 
        the legal and geographic fragmentation of authority within the 
        Federal government. Over half of the existing 15 departments 
        and several independent agencies conduct activities and 
        programs relating to ocean and atmosphere, including climate 
        change activities. Efforts to understand and effectively 
        address emerging ocean and atmospheric problems, including 
        through existing coordination mechanisms, have not been 
        adequate.
            (7) Improving and coordinating Federal governance will 
        require close partnerships with States, taking into account 
        their public trust responsibilities, economic and ecological 
        interests in ocean resources, and the role of State and local 
        governments in implementation of ocean policies, and managing 
        use of coastal lands and ocean resources.
            (8) Effective enforcement of the laws to protect and 
        enhance the marine environment, coastal security, and the 
        Nation's natural resources, particularly through marine safety, 
        fisheries enforcement, aids to navigation, and hazardous 
        materials spill response activities is needed to ensure 
        achievement of management goals, and priority should be given 
        to increasing marine enforcement and compliance through 
        coordinated Federal and State actions.
            (9) It is the continuing mission of the Federal Government 
        to create, foster, and maintain conditions, incentives, and 
        programs that will further and assure the sustainable and 
        effective conservation, management, and protection of the 
        oceans and atmosphere, in order to fulfill the responsibility 
        of each generation as trustee in protecting, and ensuring that, 
        such resources will be available to meet the needs of future 
        generations of Americans.
            (10) This policy and mission can best be carried out and 
        realized by formal establishment of a strengthened and expanded 
        lead Federal civilian agency dedicated to ocean and atmospheric 
        matters, and by undertaking the functions, programs, and 
        activities of the Federal Government with respect to the 
        conservation, management, and protection of the oceans and 
        atmosphere, including monitoring, forecasting, and assessment, 
        in a coordinated manner and in accordance with a national ocean 
        policy.

SEC. 102. PURPOSES.

    The purposes of this Act are--
            (1) to set forth a national policy relating to oceans and 
        atmosphere, and, through an organic act, formally to establish 
        the National Oceanic and Atmospheric Administration as the lead 
        Federal agency concerned with ocean and atmospheric matters;
            (2) to establish in the National Oceanic and Atmospheric 
        Administration, by statute, the authorities, functions, and 
        powers relating to the conservation, management, and protection 
        of the oceans and atmosphere which have previously been 
        established by statute or reorganization plan;
            (3) to set forth the duties and responsibilities of the 
        Administration, and the principal officers of the 
        Administration;
            (4) to establish a mechanism for Federal leadership and 
        coordinated action on national ocean and atmospheric priorities 
        that are essential to the economic and environmental security 
        of the Nation; and
            (5) to enhance Federal partnerships with the State and 
        local governments with respect to ocean activities, include 
        management of ocean resources and identification of appropriate 
        opportunities for policy-making and decision making at the 
        State and local level.

SEC. 103. POLICY.

    It is the policy of the United States to establish and maintain for 
the benefit of the Nation a coordinated, comprehensive, and long-range 
national program of ocean and atmospheric research, conservation, 
management, education, monitoring, and assessment that will--
            (1) recognize the linkage of ocean, land, and atmospheric 
        systems, including the linkage of those systems with respect to 
        climate change;
            (2) protect life and property against natural and manmade 
        hazards, including protection through weather and marine 
        forecasts and warnings;
            (3) protect, maintain, and restore the long-term health, 
        productivity, and diversity of the ocean environment, including 
        its natural resources and to prevent pollution of the ocean 
        environment;
            (4) ensure responsible and sustainable use of fishery 
        resources and other ocean and coastal resources held in the 
        public trust, using ecosystem-based management and a 
        precautionary and adaptive approach;
            (5) assure sustainable coastal development based on 
        responsible State and community management and planning, and 
        reflecting the economic and environmental values of ocean 
        resources;
            (6) develop improved scientific information and use of the 
        best scientific information available to make decisions 
        concerning natural, social, and economic processes affecting 
        ocean and atmospheric environments;
            (7) enhance sustainable ocean-related and coastal-dependent 
        commerce and transportation, balancing multiple uses of the 
        ocean environment;
            (8) provide for continued investment in and improvement of 
        technologies for use in ocean and climate-related activities, 
        including investments and technologies designed to promote 
        national economic, environmental, and food security;
            (9) expand human knowledge of marine and atmospheric 
        environments and ecosystems, including the role of the oceans 
        in climate and global environmental change, the 
        interrelationships of ocean health and human health, and the 
        advancement of education and training in fields related to 
        ocean, coastal, and climate-related activities;
            (10) facilitate a collaborative approach that encourages 
        the participation of a diverse group of stakeholders and the 
        public in ocean and atmospheric science and policy, including 
        persons from under-represented groups;
            (11) promote close cooperation among all government 
        agencies and departments, academia, nongovernmental 
        organizations, private sector and stakeholders based on this 
        policy to ensure coherent, accountable, and effective planning, 
        regulation, and management of activities affecting oceans and 
        atmosphere, including climate;
            (12) promote governance and management of the nation's 
        ocean resources through a partnership of the Federal Government 
        with States, territories, and Commonwealths that reflects their 
        public trust responsibilities and interest in ocean 
        environmental, cultural, historic, and economic resources; and
            (13) preserve the role of the United States as a global 
        leader in ocean, atmospheric, and climate-related activities, 
        and the cooperation in the national interest by the United 
States with other nations and international organizations in ocean and 
climate-related activities.

       TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

SEC. 201. ESTABLISHMENT.

    There is established an agency which shall be known as the National 
Oceanic and Atmospheric Administration, which shall be the civilian 
agency principally responsible for providing oceanic, weather, and 
atmospheric services and supporting research, conservation, management, 
and education to the nation. The National Oceanic and Atmospheric 
Administration established under this Act shall succeed the National 
Oceanic and Atmospheric Administration established on October 3, 1970, 
in Reorganization Plan No. 4 of 1970 and shall continue the activities 
of that agency as it was in existence on the day before the effective 
date of this Act.

SEC. 202. FUNCTIONS AND PURPOSES.

    (a) In General.--NOAA shall be responsible for the following 
functions, through which it shall carry out the policy of this Act in a 
coordinated, integrated, and ecosystem-based manner for the benefit of 
the Nation:
            (1) Management, conservation, protection, and restoration 
        of ocean resources, including living marine resources, habitats 
        and ocean ecosystems.
            (2) Observation, monitoring, assessment, forecasting, 
        prediction, operations and exploration for ocean and 
        atmospheric environments including weather, climate, navigation 
        and marine resources.
            (3) Research, education and outreach, technical assistance, 
        and technology development and innovation activities relating 
        to ocean and atmospheric environments including basic 
        scientific research and activities that support other agency 
        functions and missions.
    (b) Transfer of Functions.--There shall be transferred to the 
Administrator any authority established by law that, before the date of 
enactment of this Act, was vested in the Secretary of Commerce and 
pertains to the functions, responsibilities, or duties of NOAA under 
subsection (a).

SEC. 203. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    (a) Administrator.--
            (1) Appointment.--NOAA shall be administered by the 
        Administrator, who shall be appointed by the President, by and 
        with the advice and consent of the Senate.
            (2) Compensation.--The Administrator shall be compensated 
        at the rate provided for level II of the Executive Schedule 
        under section 5314 of title 5, United States Code.
            (3) Qualifications.--The Administrator shall have a broad 
        background, professional knowledge, and substantial experience 
        in oceanic or atmospheric affairs, including any field relating 
        to marine or atmospheric science and technology, biological 
        sciences, engineering, as well as education, economics, 
        governmental affairs, planning, law, or international affairs.
            (4) Authority.--The Administrator shall carry out all 
        functions transferred to the Administrator by this Act and 
        shall have authority and control over all personnel, programs, 
        and activities of NOAA.
    (b) Deputy Administrator.--There shall be a Deputy Administrator, 
who shall be appointed by the President, by and with the advice and 
consent of the Senate, based on the individual's professional 
qualifications and without regard to political affiliation. The Deputy 
Administrator shall have a broad background, professional knowledge, 
and substantial experience in oceanic or atmospheric policy or 
programs, including science, technology, and education. The Deputy 
Administrator shall serve as an adviser to the Administrator on program 
and policy issues, including crosscutting program areas such as 
research, technology, and education and shall perform such functions 
and exercise such powers as the Administrator may prescribe. The Deputy 
Administrator shall act as Administrator during the absence or 
disability of the Administrator in the event of a vacancy in the office 
of Administrator. The Deputy Administrator shall be the Administrator's 
first assistant for purposes of subchapter III of chapter 33 of title 
5, United States Code, and shall be compensated at the rate provided 
for level IV of the Executive Schedule under section 5315 of title 5, 
United States Code.
    (c) Associate Administrator for Ocean Management and Operations.--
There shall be in NOAA an Associate Administrator for Ocean Management 
and Operations, who shall be appointed by the President, by and with 
the advice and consent of the Senate. The Associate Administrator for 
Ocean Management and Operations shall have a broad background, 
professional knowledge, and substantial experience in oceanic or 
atmospheric policy or programs, and shall perform such duties and 
exercise such powers as the Administrator shall from time to time 
designate. The Associate Administrator shall be compensated at the rate 
provided for level V of the Executive Schedule under section 5315 of 
title 5, United States Code.
    (d) Associate Administrator for Climate and Atmosphere.-- There 
shall be in NOAA an Associate Administrator for Climate and Atmosphere, 
who shall be appointed by the President, by and with the advice and 
consent of the Senate. The Associate Administrator for Climate and 
Atmosphere shall have a broad background, professional knowledge, and 
substantial experience in oceanic or atmospheric policy or programs, 
and shall perform such duties and exercise such powers as the 
Administrator shall from time to time designate. The Associate 
Administrator shall be compensated at the rate provided for level V of 
the Executive Schedule under section 5315 of title 5, United States 
Code.
    (e) Chief Operating Officer.--There shall be a Chief Operating 
Officer of NOAA, who shall assume the responsibilities held by the 
Deputy Undersecretary of Commerce prior to enactment of this Act. The 
Chief Operating Officer shall be responsible for ensuring the timely 
and effective implementation of NOAA's purposes and authorities and 
shall provide resource, budget, and management support to the Office of 
the Administrator. The Chief Operating Officer shall be responsible for 
all aspects of NOAA operations and management, including budget, 
financial operations, information services, facilities, human 
resources, procurements, and associated services. The Chief Operating 
Officer shall be a Senior Executive Service position authorized under 
section 3133 of title 5, United States Code.
    (f) Assistant Administrators.--There shall be in NOAA at least 3, 
but no more than 4, Assistant Administrators. The Assistant 
Administrators shall perform such programmatic and policy functions as 
the Administrator shall from time to time assign or delegate, and shall 
have background, professional knowledge, and substantial experience in 
1 or more of the following aspects of ocean and atmospheric affairs:
            (1) Resource management, protection, and restoration.
            (2) Operations, forecasting, and services (including 
        weather and climate).
            (3) Science, technology, and education.
    (g) General Counsel.--There shall be in NOAA a General Counsel 
appointed by the President upon recommendation by the Administrator. 
The General Counsel shall serve as the chief legal officer for all 
legal matters which may arise in connection with the conduct of the 
functions of NOAA.
    (h) Commissioned Officers.--
            (1) The Administrator shall designate an officer or 
        officers to be responsible for oversight of NOAA's vessel and 
        aircraft fleets and for the administration of NOAA's 
        commissioned officer corps under section 228 of the National 
        Oceanic and Atmospheric Administration Commissioned Officer 
        Corps Act of 2002 (33 U.S.C. 3028).
            (2) The Commissioned Officer Corps of the National Oceanic 
        and Atmospheric Administration established by Reorganization 
        Plan No. 4 of October 3, 1970, is the Commissioned Officer 
        Corps of NOAA established under this Act.
            (3) All statutes that applied to officers of the 
        Commissioned Officers Corps of NOAA on the day before the date 
        of enactment of this Act apply to officers of the Corps on and 
        after such date.
            (4) There are authorized to be on the lineal list of the 
        Commissioned Officers Corps of NOAA at least 350 officers, plus 
        any additional officers necessary to support NOAA's missions 
        and the operation and maintenance of NOAA's ships and aircraft.
            (5) The President may appoint in NOAA, by and with the 
        advice and consent of the Senate, 2 commissioned officers to 
        serve at any one time as the designated heads of 2 principal 
        constituent organizational entities of NOAA, or the President 
        may designate 1 such officer as the head of such an 
        organizational entity and the other as the head of the 
        commissioned corps of NOAA. Any such designation shall create a 
        vacancy on the active list and the officer while serving under 
        this subsection shall have the rank, pay, and allowances of a 
        rear admiral (upper half).
            (6) Any commissioned officer of NOAA who has served under 
        paragraph (5) and is retired while so serving or is retired 
        after the completion of such service while serving in a lower 
        rank or grade, shall be retired with the rank, pay, and 
        allowances authorized by law for the highest grade and rank 
        held by him, but any such officer, upon termination of his 
        appointment in a rank above that of captain, shall, unless 
        appointed or assigned to some other position for which a higher 
        rank or grade is provided, revert to the grade and number he 
        would have occupied had he not served in a rank above that of 
        captain and such officer shall be an extra number in that 
        grade.
    (i) Naval Deputy.--The Secretary of the Navy may detail a Naval 
Deputy to the Administrator. This position shall be filled on an 
additional duty basis by the Oceanographer of the Navy. The Naval 
Deputy shall--
            (1) act as a liaison between the Administrator and the 
        Secretary of the Navy in order to avoid duplication between 
        Federal oceanographic and atmospheric activities; and
            (2) ensure coordination and joint planning by NOAA and the 
        Navy on research, meteorological, oceanographic, and geospatial 
        information services and programs of mutual organizational 
        interest.

SEC. 204. RESPONSIBILITIES OF THE ADMINISTRATOR.

    In addition to administering and carrying out all activities, 
programs, functions and duties, and exercising those powers, that are 
assigned, delegated, or transferred to the Administrator by this Act, 
any other statute, or the President, the responsibilities of the 
Administrator include--
            (1) management, conservation, protection, and restoration 
        of ocean resources, including--
                    (A) living marine resources (including fisheries, 
                vulnerable species and habitats, and marine 
                biodiversity);
                    (B) ocean areas (including marine sanctuaries, 
                estuarine reserves, and other managed areas);
                    (C) marine aquaculture;
                    (D) protection of ocean environments from threats 
                to human and ecosystem health, including pollution and 
                invasive species;
                    (E) sustainable management, beneficial use, 
                protection, and development of coastal regions; and
                    (F) mitigation of impacts of natural and man-made 
                hazards including climate change;
            (2) partnering with and supporting State and local 
        communities in undertaking management, conservation, 
        protection, and restoration of ocean resources described in 
        subsection (1);
            (3) observation, analysis, processing, and communication of 
        comprehensive data and information concerning the State of--
                    (A) the upper and lower atmosphere;
                    (B) the oceans and resources thereof; and
                    (C) the earth and near space environment;
            (4) collection, storage, analysis, and provision of 
        reliable scientific information relating to weather (including 
        space weather), climate, air quality, water, navigation, marine 
        resources, and ecosystems that can be used as a basis for sound 
        management, policy, and public safety decisions;
            (5) broadly based data, observing, monitoring, and 
        information activities, programs and systems relating to 
        oceanic and atmospheric monitoring and prediction, weather 
        forecasting, and storm warning, including satellite-based and 
        in-situ data collection and associated services;
            (6) weather forecasting, storm warnings, and other 
        responsibilities of the Secretary of Commerce and the National 
        Weather Service under Reorganization Plan No. 2 of 1965, 
        Reorganization Plan No. 4 of 1970, sections 3 and 4 of the Act 
        of October 1, 1890 (15 U.S.C. 312 and 313) and the Weather 
        Service Modernization Act (15 U.S.C. 313 note), and all other 
        statutes, rules, plans, and orders in pari materia;
            (7) providing navigation and assessment operations and 
        services, including maps and charts for the safety of marine 
        and air navigation, maintaining a network of geographic 
        reference coordinates for geodetic control, and observing, 
        charting, mapping, and measuring the marine environment and 
        ocean resources;
            (8) developing and improving geodetic and mapping methods 
        and studies of geophysical phenomena such as crustal movement, 
        earth tides, and ocean circulation, including estuarine areas;
            (9) collecting, disseminating, and maintaining on a 
        continuing basis information relating to the status, trends, 
        health, use, and protection of the oceans and the atmosphere, 
        to all interested parties, including through an integrated 
        ocean observing system and national and regional ecosystem-
        based information management systems;
            (10) administering, operating, and maintaining satellite 
        and in-situ systems that can monitor global and regional 
        atmospheric weather conditions, climate and related oceanic, 
        solar, hydrological, and other environmental conditions, 
        collect information required for research on weather, climate, 
        and related environmental matters, and monitor the extent of 
        human-induced changes in the lower and upper atmosphere and the 
        related environment;
            (11) collecting, analyzing, and disseminating environmental 
        information, in support of environmental research and 
        development, including data in the fields of climatology, 
        atmospheric sciences, oceanography, biology, geology, 
        geophysics, solar-terrestrial relationships, and the 
        relationship among oceans, climate, and human health;
            (12) undertaking a comprehensive, integrated, and 
        ecosystem-based program of ocean, climate, and atmospheric 
        research related to, and supportive of the missions of NOAA and 
        which uses research products, new findings, and methodologies 
        to develop the most current scientific advice for ecosystem-
        based management;
            (13) conducting environmental research and development 
        activities that are necessary to advance the Nation's ocean, 
        atmospheric, engineering and technology expertise, including 
        the development and operation of observing platforms such as 
        ships, aircraft, satellites, data buoys, manned or unmanned 
        research submersibles, underwater laboratories or platforms, 
        and improved instruments and calibration methods, and the 
        advancement of undersea diving techniques;
            (14) conducting a continuing program of ocean exploration, 
        discovery and conservation of significant undersea resources, 
        including cultural resources, to benefit, inform, and inspire 
the American people, including communication of such knowledge to 
policymakers and the public;
            (15) developing and implementing, in cooperation with other 
        agencies and entities as appropriate, national ocean and 
        atmospheric education, technical assistance, extension 
        services, and outreach programs designed to increase literacy 
        concerning ocean and atmospheric issues, develop a diverse work 
        force, and enhance stewardship of ocean and atmospheric 
        resources and environments;
            (16) ensuring the execution and implementation of national 
        ocean, atmospheric, and environmental policy goals through a 
        variety of ocean and atmospheric programs;
            (17) undertaking activities involving the integration of 
        domestic and international policy relating to the oceans and 
        the atmosphere, including the provision of technical advice to 
        the President on international negotiations involving ocean 
        resources, ocean technologies, and climate matters;
            (18) providing for, encouraging, and assisting public 
        participation in the development and implementation of ocean 
        and atmospheric policies and programs;
            (19) conducting, supporting, and coordinating efforts to 
        enhance public awareness of the National Oceanic and 
        Atmospheric Administration, its purposes, programs, activities 
        and the results thereof, including education and outreach to 
        the public, teachers, students, and ocean resource managers;
            (20) partnering with other government agencies, States, 
        academia, and the private sector, via cooperative agreements or 
        other formal or informal arrangements, to improve the 
        acquisition of data and information and the implementation of 
        management, monitoring, research, exploration, education, and 
        other programs;
            (21) partnering with other Federal agencies and with States 
        and communities to address the issues of land-based activities 
        and their impact on the ocean environment; and
            (22) coordination with other Federal agencies having 
        related responsibilities.

SEC. 205. POWERS OF THE ADMINISTRATOR.

    (a) Delegation.--Unless otherwise prohibited by law or reserved by 
the Secretary of Commerce, the responsibilities of the Administrator 
may be delegated by the Administrator to other officials in NOAA, and 
may be redelegated as authorized by the Administrator.
    (b) Regulations.--The Administrator is authorized to issue, amend, 
and rescind such rules and regulations as are necessary or appropriate 
to carry out the responsibilities and functions of the Administrator. 
The promulgation of such rules and regulations shall be governed by the 
provisions of chapter 5 of title 5, United States Code.
    (c) Contracts.--The Administrator is authorized, without regard to 
section 3324(a) and (b) of title 31, United States Code, to enter into 
and perform such contracts, leases, grants, cooperative agreements, or 
other transactions (without regard to chapter 63 of title 31, United 
States Code), as may be necessary to carry out NOAA's purposes and 
authorities, on terms the Administrator deems appropriate, with Federal 
agencies, instrumentalities, and laboratories, State and local 
governments, including territories or posessions, Native American 
tribes and organizations, international organizations, foreign 
governments, educational institutions, nonprofit organizations, 
commercial organizations, and other public and private persons or 
entities.
    (d) Gifts and Donations.--
            (1) In general.--Notwithstanding section 1342 of title 31, 
        United States Code, and subject to such conditions and 
        covenants the Administrator deems appropriate, the 
        Administrator is authorized to accept, hold, administer, and 
        utilize--
                    (A) gifts, bequests or donations of services, money 
                or property, real or personal (including patents and 
                rights thereunder), mixed, tangible or intangible, or 
                any interest therein;
                    (B) contributions of funds; and
                    (C) funds from Federal agencies, instrumentalities, 
                and laboratories, State and local governments, Native 
                American tribes and organizations, international 
                organizations, foreign governments, educational 
                institutions, nonprofit organizations, commercial 
                organizations, and other public and private persons or 
                entities.
            (2) Use, obligation, and expenditure.--The Administrator 
        may use property and services accepted by NOAA under paragraph 
        (1) to carry out the mission and purposes of NOAA. Amounts 
        accepted by NOAA under paragraph (1) shall be available for 
        obligation by NOAA, and be available for expenditure by NOAA to 
        carry out mission and purposes of NOAA.
    (e) Facilities and Personnel.--The Administrator may use, with 
their consent, and with or without reimbursement, the services, 
equipment, personnel, and facilities of Federal agencies, 
instrumentalities and laboratories, State and local governments, Native 
American tribes and organizations, international organizations, foreign 
governments, educational institutions, nonprofit organizations, 
commercial organizations, and other public and private persons or 
entities.
    (f) Information.--The Administrator shall provide for the most 
practicable and widest appropriate dissemination of information 
concerning NOAA, its purposes, programs, activities and the results 
thereof, including authority to conduct education, technical assistance 
and outreach to the public, teachers, students, and ocean and coastal 
resource managers.
    (g) Acquisition and Construction.--The Administrator may--
            (1) acquire (by purchase, lease, condemnation, or 
        otherwise), lease, sell, or convey, services, money or 
        property, real or personal (including patents and rights 
        thereunder), mixed, tangible or intangible, or any interest 
        therein; and
            (2) construct, improve, repair, operate, maintain or 
        dispose of real or personal property, including buildings, 
        facilities, and land.

SEC. 206. ENFORCEMENT.

    (a) Authority.--The Administrator shall have the authority to 
enforce the applicable provisions of any Act, the enforcement of which 
is, in whole or in part, assigned, delegated, or transferred to the 
Administrator, and any term of a license, permit, regulation, or order 
issued pursuant thereto. The Administrator may designate any person, 
officer, or agency to exercise his authority under this title.
    (b) Use of State Personnel.--
            (1) In general.--The Administrator may--
                    (A) utilize by agreement, with or without 
                reimbursement, the personnel, services, and facilities 
                of any State agency to the extent the Administrator 
                deems it necessary and appropriate for effective 
                enforcement of any law for which the Administrator has 
                enforcement authority; and
                    (B) designate such personnel to exercise the 
                enforcement authority of the Administrator under 
                subsection (a).
            (2) Status and powers.--Any personnel designated by the 
        Administrator under paragraph (1)(B)--
                    (A) shall not be deemed to be Federal employees 
                (except as provided in subparagraph (D)) and shall not 
                be subject to the provisions of law relating to Federal 
                employment, including those relating to hours of work, 
                competitive examination, rates of compensation, and 
                Federal employee benefits, but may be considered to be 
                eligible for compensation for work-related injuries 
                under subchapter III of chapter 81 of title 5, United 
                States Code, sustained while acting pursuant to such 
                designation;
                    (B) shall be considered to be investigative or law 
                enforcement officers of the United States for purposes 
                of the tort claim provisions of title 28, United States 
                Code;
                    (C) may, to the extent specified by the 
                Administrator, search, seize, arrest, and exercise any 
                other law enforcement functions or authorities 
                described in this title where such authorities are made 
                applicable by this or other law to employees, officers, 
                or other persons designated or employed by the 
                Administrator; and
                    (D) shall be considered to be officers or employees 
                of the Department of Commerce for purposes of sections 
                111 and 1114 of title 18, United States Code.
    (c) Cooperative Enforcement Agreements.--The Administrator may 
enter into cooperative agreements with State authorities to ensure 
coordinated enforcement of State and Federal laws and by such 
agreements assume enforcement authority under State law when the 
Administrator and State authorities deem it to be appropriate. When so 
authorized, the Administrator or the Administrator's designee may 
function as a State law enforcement officer within the scope of the 
delegation, except that Federal law shall control the resolution of any 
conflict concerning the employee status of any Federal officer while 
enforcing State law.

SEC. 207. REGIONAL CAPABILITIES.

    The Administrator of The National Oceanic and Atmospheric 
Administration shall--
            (1) organize agency activities and programs around common 
        eco-regional boundaries identified through a process 
        established by the Council on Ocean Stewardship, based upon 
        recommendations of the Report of the U.S. Commission on Ocean 
        Policy, so as to--
                    (A) enhance inter- and intra-agency cooperation;
                    (B) maximize Federal capabilities in such region;
                    (C) develop coordinated, ecosystem-based management 
                and research programs;
                    (D) develop research partnerships with States and 
                academia;
                    (E) substantially improve the ability of the public 
                to contact and work with all relevant federal agencies; 
                and
                    (F) maximize opportunities to work in partnership 
                with States in order to facilitate eco-regional 
                management and enhance State and local capacity to 
                manage issues on an eco-regional basis.
            (2) work with other Federal agencies, including the 
        Environmental Protection Agency, the U.S. Fish and Wildlife 
        Service, U.S. Army Corps of Engineers, and State agencies to--
                    (A) encourage similar eco-regional organization 
                and, if appropriate, co-location of related programs 
                and facilities to achieve goals of paragraph (1); and
                    (B) in planning and implementing eco-regional 
                activities to encourage early cooperation, 
                coordination, and integration across the Federal 
                agencies and with relevant State programs, and to 
                assure applicable Federal and State ocean policies.
            (3) NOAA shall in consultation with the States, develop 
        regional information programs as recommended by the U.S. 
        Commission on Ocean Policy, including--
                    (A) coordinated research strategies;
                    (B) integrated ocean and atmospheric monitoring and 
                observation activities; and
                    (C) establishment of service centers and 
                coordinators to support development of innovative 
                tools, technologies, training, and technical assistance 
                to facilitate the implementation of ecosystem-based 
                management.

SEC. 208. INTERGOVERNMENTAL COORDINATION.

    (a) Avoidance of Duplicative Requirements.--In administering the 
provisions of this Act, the Administrator shall consult and coordinate 
with the head of any Federal department or agency having authority to 
issue any license, lease, or permit to engage in an activity relation 
to the functions of the Administrator for purposes of assuring that 
inconsistent or duplicative requirements are not imposed upon any 
applicant for or holder of any such license, lease, or permit.
    (b) Avoidance of Inconsistent and Conflicting Activities and 
Policies.--To identify and resolve inconsistent or conflicting Federal 
oceanic and atmospheric activities and policies, the Administrator 
shall--
            (1) consult and coordinate with the head of any Federal 
        department or agency on the activities and policies of that 
        department or agency related to the functions of the 
        Administrator;
            (2) request of the head of any Federal department or agency 
        clarification and justification of those activities and 
        policies that the Administrator determines are inconsistent or 
        conflicting with his functions; and
            (3) issue, as the Administrator deems appropriate, reports 
        to the President, the Council on Ocean Stewardship, the head of 
        any Federal department or agency, and to Congress concerning 
        inconsistent or conflicting activities and policies of any 
        Federal department or agency relating to ocean and atmospheric 
        activities, including recommendations on how to reconcile 
        inconsistent and conflicting Federal oceanic and atmospheric 
        activities and policies throughout the Federal government.
    (c) Consultation With Administrator.--The head of any Federal 
department or agency and all other Federal officials having 
responsibilities related to the functions of the Administrator shall 
consult with the Administrator when the subject matter of action or 
activities described in this Act are directly involved, to assure that 
all such activities are well coordinated.
    (d) Coordination With States.-- The Administrator shall ensure that 
NOAA programs work with the States (including territories and 
possessions) to encourage early cooperation, coordination, and 
integration of State and Federal ocean and atmospheric programs, 
including planning and implementing eco-regional activities.
    (e) Office of Intergovernmental Affairs.--The Administrator shall 
establish an office of intergovernmental affairs to assist in 
implementing this section and to facilitate planning of joint programs 
between NOAA line offices and other Federal agencies, including the 
Department of Defense.

SEC. 209. INTERNATIONAL CONSULTATION AND COOPERATION.

    (a) Cooperation With Secretary of State.--The Administrator shall 
cooperate to the fullest practicable extent with the Secretary of State 
in providing representation at all meetings and conferences relating to 
actions or activities described in this Act in which representatives of 
the United States and foreign countries participate.
    (b) Consultation With Administrator.--The Secretary of State and 
all other officials having responsibilities for agreements, treaties, 
or understanding with foreign nations and international bodies shall 
consult with the Administrator when the subject matter or activities 
described in this Act are involved, with a view to assuring that such 
interests are adequately represented.

SEC. 210. REPORT ON OCEANIC AND ATMOSPHERIC CONDITIONS AND TRENDS.

    Beginning not later than 12 months after the date of enactment of 
this Act, the Administrator shall, in consultation with relevant 
Federal and State agencies, submit to the Congress a biennial report 
on:
             (1) the status and condition of the Nation's ocean and 
        atmospheric environments (including with respect to climate 
        change);
             (2) current and foreseeable trends in the quality, 
        management and utilization of such environments; and
             (3) the effects of those trends on the social, economic, 
        ecological, and other requirements of the Nation.

SEC. 211. CONFORMING AMENDMENTS AND REPEALS.

     (a) Reorganization Plan No. 4.--Reorganization Plan No. 4 of 1970 
(5 U.S.C. App.) is repealed.
    (b) References to NOAA.--Any reference to the National Oceanic and 
Atmospheric Administration, the Under Secretary of Commerce for Oceans 
and Atmosphere (either by that title or by the title of the 
Administrator of NOAA), or any other official of the National Oceanic 
and Atmospheric Administration, in any law, rule, regulation, 
certificate, directive, instruction, or other official paper in force 
on the effective date of this Act shall be deemed to refer and apply to 
the National Oceanic and Atmospheric Administration established in this 
Act, or the position of Administrator established in this Act, 
respectively.
    (c) References to NOAA as Within the Department of Commerce.--
            (1) Section 407 of Public Law 99-659 (15 U.S.C. 1503b) is 
        repealed.
            (2) Section 12 of the Act of February 14, 1903 (15 U.S.C. 
        1511) is amended by striking paragraph (1) and redesignating 
        paragraphs (2) through (6) as paragraphs (1) through (5), 
        respectively.
    (d) Conforming Amendment to Title 5.--Section 5315 of title 5, 
United States Code, is amended by striking ``Assistant Secretaries of 
Commerce (11).'' and inserting ``Assistant Secretaries of Commerce 
(10).''.

SEC. 212. SAVINGS PROVISION.

    All rules and regulations, determinations, standards, contracts, 
certifications, authorizations, appointments, delegations, results and 
findings of investigations, or other actions duly issued, made, or 
taken by or pursuant to or under the authority of any statute which 
resulted in the assignment of functions or activities to the Secretary, 
the Department of Commerce, the Under Secretary, the Administrator or 
any other officer of NOAA, in effect immediately before the date of 
enactment of this Act shall continue in full force and effect after the 
date of enactment of this Act until modified or rescinded.

SEC. 213. TRANSITION.

    (a) Effective Date.--The provisions of title II of this Act shall 
become effective 2 years from the date of enactment of this Act.
    (b) Reorganization.--The Administrator of NOAA, in consultation 
with the Assistant Administrator for Program Planning and Integration, 
shall no later than 18 months after the date of enactment of this Act, 
submit a plan and budget proposal to Congress setting forth a proposal 
for program and agency reorganization that will--
            (1) meet the requirements of title II;
            (2) reflect the recommendations of the U.S. Commission on 
        Ocean Policy, particularly with respect to ecosystem-based 
        science and management and additional budgetary requirements; 
        and
            (3) provide integrated oceanic and atmospheric programs and 
        services for the benefit of the Nation.

               TITLE III--FEDERAL COORDINATION AND ADVICE

SEC. 301. COUNCIL ON OCEAN STEWARDSHIP.

    There is established in the Executive Office of the President a 
Council on Ocean Stewardship.

SEC. 302. MEMBERSHIP.

    (a) Membership.--The Council shall be composed of at least 3 but no 
more than 5 members who shall be appointed by the President to serve at 
the pleasure of the President, by and with the advice and consent of 
the Senate.
    (b) Chairman.--The President shall designate 1 of the members of 
the Council to serve as Chairman.
    (c) Qualifications.--Each member shall be a person who, as a result 
of training, experience, and attachments, is exceptionally well 
qualified--
            (1) to analyze and interpret ocean and atmospheric trends 
        and information of all kinds;
            (2) to appraise programs and activities of the Federal 
        Government in the light of the policy set forth in title I;
            (3) to be conscious of and responsive to the scientific, 
        environmental, ecosystem, economic, social, aesthetic and 
        cultural needs and interests of the Nation; and
            (4) to formulate and recommend national policies to promote 
        the improvement and the quality of the ocean and atmospheric 
        environments, including as those environments relate to 
        practices on land.

SEC. 303. FUNCTIONS OF COUNCIL.

    (a) Coordination and Advice.--The Council--
            (1) shall coordinate ocean and atmospheric activities among 
        Federal agencies and departments, particularly focusing on the 
        policy set forth in title I of this Act and national priorities 
        identified in section 304, while minimizing duplication, 
        including ensuring other ocean-related agencies work together 
        at the operation, program, and research levels in cooperation 
        with NOAA;
            (2) shall provide a forum for improving Federal interagency 
        planning, budget and program coordination, administration, 
        outreach, and cooperation on such programs and activities;
            (3) shall ensure that all Federal agencies engaged in ocean 
        and atmospheric activities adopt and implement the principle of 
        ecosystem-based management and take necessary steps to improve 
        regional coordination and delivery of services around common 
        eco-regional boundaries;
            (4) shall review and evaluate the various programs and 
        activities of the Federal Government in light of the policy set 
        forth in title I of this Act and national priorities identified 
        in section 304 for the purpose of determining the extent to 
        which such programs and activities are effective and 
        contributing to the achievement of such policy and the overall 
        health of ocean and atmospheric environment, including marine 
        ecosystems;
            (5) shall conduct an annual review and analysis of funding 
        proposed for ocean and atmospheric research and management in 
        all Federal agency budgets, and provide budget recommendations 
        to the President, the agencies, and the Office of Management 
        and Budget that will achieve the policies set forth in title I 
        and address the national priorities identified in section 304, 
        improve coordination, cooperation, and effectiveness of such 
        activities, eliminate unnecessary overlap, and identify areas 
        of highest priority for funding and support;
            (6) shall identify progress made by Federal ocean and 
        atmospheric programs toward achieving the goals of--
                    (A) providing more effective protection and 
                restoration of marine ecosystems;
                    (B) improving predictions of climate change and 
                variability (weather), including their effects on 
                coastal communities and the nation;
                    (C) improving the safety and efficiency of marine 
                operations;
                    (D) more effectively mitigating the effects of 
                natural hazards;
                    (E) reducing public health risks from ocean and 
                atmospheric sources;
                    (F) ensuring sustainable use of resources; and
                    (G) improving national and homeland security;
            (7) shall promote efforts to increase and enhance 
        partnerships with coastal and Great Lakes States and other non-
        federal entities to support enhanced regional research, 
        resource and hazards management, education and outreach, and 
        marine ecosystem protection, maintenance, and restoration;
            (8) shall identify statutory and regulatory redundancies or 
        omissions and develop strategies to resolve conflicts, fill 
        gaps, and address new and emerging ocean and atmospheric issues 
        for national and regional benefit;
            (9) shall emphasize the development and support of 
        partnerships among government agencies and nongovernmental 
        organizations, academia, and the private sector including 
        regional partnerships;
            (10) shall expand research, education, and outreach efforts 
        by all Federal agencies undertaking ocean and atmospheric 
        activities; and
            (11) may establish a Federal Coordinating Committee on 
        Oceans, chaired by the Council chairman, to carry out the 
        coordination of ocean and atmospheric programs and priorities 
        required under this Act.
    (b) Consultation.--In exercising its powers, functions, and duties 
under this Act, the Council shall--
            (1) consult with the Administrator and with the 
        Presidential Panel of Advisers on Oceans and Climate 
        established under this Act to ensure input from potentially 
affected States, territories, and Commonwealths, the public and other 
stakeholders;
            (2) work in close consultation and cooperation with the 
        Council on Environmental Quality, the Office of Science and 
        Technology Policy, the Council of Economic Advisers, and other 
        offices within the Executive Office of the President;
            (3) utilize the expertise and coordinating capabilities of 
        the National Ocean Science Committee (and any ocean-related 
        committees formed under the Council) with respect to ocean and 
        atmospheric science, technology, and education matters, 
        including development of a national research strategy; and
            (4) utilize, to the fullest extent possible, the services, 
        facilities, and information (including statistical information) 
        of public and private agencies and organization, and 
        individuals, in order that duplication of effort and expense 
        may be avoided, thus assuring that the Council's activities 
        will not unnecessarily overlap or conflict with similar 
        activities authorized by law and performed by NOAA and other 
        established agencies.
    (c) Reviews and Reports.--The Council shall--
            (1) prepare the biennial report required by section 306 of 
        this title; and
            (2) make and furnish such studies, reports thereon, and 
        recommendations with respect to matters of policy and 
        legislation as the President may request.

SEC. 304. NATIONAL PRIORITIES FOR COORDINATION.

    The Council, in coordination with the National Ocean Science 
Committee, shall ensure that the Federal agencies conducting ocean and 
atmospheric activities give the following areas priority attention and 
develop coordinated Federal budgets, programs, and operations that will 
minimize duplication and foster improved services and other benefits to 
the Nation:
            (1) Prevention, management and control of nonpoint source 
        pollution including regional or watershed strategies.
            (2) An integrated ocean and coastal observing system and an 
        associated earth observing system.
            (3) Ecosystem-based management, protection, and restoration 
        of ocean and atmospheric resources and environments, including 
        management-oriented research, technical assistance and 
        organization of programs and activities along common eco-
        regional boundaries.
            (4) Ocean education and outreach.
            (5) Regionally-based coastal land protection, conservation, 
        maintenance, and restoration.
            (6) Enhanced research and technology development on 
        crosscutting areas, including--
                    (A) oceans and human health;
                    (B) social science and economics;
                    (C) atmospheric monitoring and climate change;
                    (D) marine ecosystems, marine biodiversity, and 
                ocean exploration;
                    (E) marine and atmospheric hazards, including sea 
                level rise and geological events; and
                    (F) marine aquaculture.
            (7) Characterization and mapping of the coastal zone, 
        coastal State waters, the territorial sea, the Exclusive 
        Economic Zone and outer continental shelf, including ocean 
        resources.

SEC. 305. EMPLOYEES.

    (a) Assistance From Federal Agencies.--
            (1) In general.--For the purpose of carrying out the 
        functions of the Council, each Federal agency or department 
        that conducts oceanic or atmospheric activities shall furnish 
        any assistance requested by the Council.
            (2) Forms of assistance.--Assistance furnished by Federal 
        agencies and departments under paragraph (1) may include--
                    (A) detailing employees to the Council to perform 
                such functions, consistent with the purposes of this 
                section, as the Chairman of the Council may assign to 
                them; and
                    (B) undertaking, upon request of the Chairman of 
                the Council, such special studies for the Council as 
                are necessary to carry out its functions.
            (3) Personnel management.--The Chairman of the Council 
        shall have the authority to make personnel decisions regarding 
        any employees detailed to the Council.
    (b) Employment of Personnel, Experts, and Consultants.--The Council 
may--
            (1) employ such officers and employees as may be necessary 
        to carry out its functions under this title;
            (2) employ and fix the compensation of such experts and 
        consultants as may be necessary for the carrying out of its 
        functions under this chapter, in accordance with section 3109 
        of title 5, United States Code, (without regard to the last 
sentence thereof); and
            (3) accept and employ voluntary and uncompensated services 
        in furtherance of the purposes of the Council notwithstanding 
        section 1342 of title 31, United States Code.

SEC. 306. BIENNIAL REPORT TO CONGRESS.

    (a) In General.--Beginning not later than 18 months after the date 
of enactment of this Act, the President, through the Council, shall 
submit to the Congress a biennial report on Federal ocean and 
atmospheric programs, priorities, and accomplishments which shall 
include--
            (1) a comprehensive description of the ocean and 
        atmospheric programs and accomplishments of all agencies and 
        departments of the United States;
            (2) an evaluation of such programs and accomplishments in 
        terms of the national ocean policy set forth in this Act and 
        the national priorities identified in section 304, specifying 
        progress made with respect to the goals set forth in section 
        303(c)(3);
            (3) a report on progress in improving Federal and State 
        coordination on ocean and atmospheric activities, including 
        coordination efforts required in this Act;
            (4) an analysis of the Federal budget allocated to such 
        programs including estimates of the funding requirements of 
        each such agency or department for such programs during the 
        succeeding 5-to-10 fiscal years;
            (5) recommendations for remedying deficiencies, and for 
        improving organization, effectiveness, and outreach of Federal 
        ocean and atmospheric programs and services, on a regional and 
        national basis, including support for State and local efforts 
        that leverage public, nongovernmental, and private sector 
        involvement; and
            (6) recommendations for legislative or other action.
    (b) Presidential Transmittal.--The President shall transmit the 
biennial report pursuant to this section to the Speaker of the House of 
Representatives and the President of the Senate not later than December 
31 of the year in which it is due.
    (c) Agency Cooperation.--Each Federal agency and department shall 
cooperate by providing such data and information without cost as may be 
requested by the Council for the purpose of this section. Each Federal 
agency and department shall provide services and personnel on a cost 
reimbursable basis at the request of the Chairman of the Council for 
the purpose of accomplishing the requirements of this section.

SEC. 307. PRESIDENTIAL PANEL OF ADVISERS ON OCEANS AND CLIMATE.

    (a) Establishment; Purpose.--The President shall establish a 
Presidential Panel of Advisers on Oceans and Climate. The purpose of 
the Presidential Panel shall be--
            (1) to advise and assist the President and the Chairman of 
        the Ocean Stewardship Council in identifying and fostering 
        policies to protect, manage, and restore ocean and atmospheric 
        environments and resources, both on a regional and national 
        basis; and
            (2) to undertake a continuing review, on a selective basis, 
        of priority issues relating to national ocean and atmospheric 
        policy (including climate change), conservation and management 
        of ocean environments and resources, and the status of the 
        ocean and atmospheric science and service programs of the 
        United States.
    (b) Membership.--
            (1) In general.--The Presidential Panel shall consist of 
        not more than 25 members, one of whom shall be the Chairman of 
        the Council on Ocean Stewardship, and 24 of whom shall be 
        nonfederal members appointed by the President, including at 
        least one representative nominated by a Governor from each of 
        the coastal regions identified in the Report of the U.S. 
        Commission on Ocean Policy and representatives of the States 
        and various stakeholders.
            (2) Chair.--The Chairman of the Council on Ocean 
        Stewardship shall co-chair the Presidential Panel with a 
        nonfederal member designated by the President.
    (c) Appointment and Qualifications.--The members of the 
Presidential Panel shall be appointed by the President for 3-year terms 
from among individuals with diverse perspectives and expertise in 1 or 
more of the disciplines or fields associated with ocean and atmospheric 
policy, including--
            (1) marine-related State and local government functions;
            (2) ocean and coastal resource conservation and management;
            (3) atmospheric or ocean science, engineering, and 
        technology;
            (4) the marine industry (including recreation and tourism);
            (5) climate change;
            (6) atmospheric or coastal hazards; and
            (7) other fields appropriate for consideration of matters 
        of oceanic or atmospheric policy.
    (d) Vacancies.--An individual appointed to fill a vacancy occurring 
before the expiration of the term for which his or her predecessor was 
appointed shall be appointed only for the remainder of such term. No 
individual may be reappointed to the Presidential Panel for more than 1 
additional 3-year term. A member may serve after the date of the 
expiration of the term of office for which appointed until his or her 
successor has taken office.
    (e) Compensation.--Each member of the Presidential Panel shall, 
while serving on business of the Commission, be entitled to receive 
compensation at a rate not to exceed a daily rate to be determined by 
the President consistent with other Federal advisory boards. Federal 
and State officials serving on the Commission and serving in their 
official capacity shall not receive compensation in addition to their 
Federal or State salaries for their time on the Commission. Members of 
the Presidential Panel may be compensated for reasonable travel 
expenses while performing their duties as members.
    (f) Meetings.--The Presidential Panel shall meet at least twice per 
year, or as prescribed by the President.
    (g) Reports.--
            (1) In general.--The Presidential Panel shall submit an 
        annual report to the President and to the Congress setting 
        forth an assessment, on a selective basis, of the status of the 
        Nation's ocean activities, and shall submit such other reports 
        as may from time to time be requested by the President or the 
        Congress. The Presidential Panel shall submit its annual report 
        on or before June 30 of each year, beginning 2 years after the 
        date of enactment of this Act.
            (2) Comment and review by council.--Each annual report 
        shall also be submitted to the Chairman of the Council on Ocean 
        Stewardship who shall, in consultation with the Administrator 
        of the National Oceanic and Atmospheric Administration within 
        60 days after receipt thereof, transmit his or her comments and 
        recommendations to the President and to the Congress.

SEC. 308. FEDERAL PROGRAM RECOMMENDATIONS.

    Not later than 3 years after the issuance of the final report of 
the Commission on Ocean Policy established by section 3 of the Oceans 
Act of 2000, the President, in consultation with the Administrator, and 
considering the recommendations of the Commission on Ocean Policy, the 
Ocean Stewardship Council, and the Presidential Panel of Advisers on 
Oceans and Coasts, shall submit to the Congress recommendations--
            (1) for the transfer of relevant oceanic or atmospheric 
        programs, functions, services, and associated resources to the 
        National Oceanic and Atmospheric Administration from any other 
        Federal agency;
            (2) for consolidation or elimination of oceanic or 
        atmospheric programs, functions, services, or resources within 
        or among Federal agencies if their consolidation or elimination 
        would not undermine policy goals set forth in this Act; and
            (3) regarding Federal reorganization, including elevation 
        of NOAA to departmental status or the establishment of a new 
        department that would provide increased national attention and 
        resources to oceanic and atmospheric needs and priorities.

SEC. 309. IMPLEMENTATION.

    Not later than 18 months after the date of enactment of this Act, 
the Administrator shall--
            (1) promulgate such regulations as may be necessary or 
        appropriate to implement this title; and
            (2) submit to the Congress detailed recommendations on 
        technical and conforming amendments to Federal law necessary to 
        carry out this title and the amendments made by this title.

SEC. 310. NO EFFECT ON OTHER AUTHORITIES.

    Except as explicitly provided in this Act, nothing in this Act or 
the amendments made by this Act shall be construed to modify the 
authority of the Administrator under any other provision of law.
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