[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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