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






                                                       Calendar No. 799
108th CONGRESS
  2d Session
                                S. 2647

                          [Report No. 108-407]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2004

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

                           November 10, 2004

  Reported under authority of the order of the Senate of October 11, 
                2004, by Mr. McCain,  with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


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

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``National Ocean Policy and 
Leadership Act''.</DELETED>

<DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED>

<DELETED>    The table of contents for this Act is as 
follows:</DELETED>

<DELETED>Sec. 1. Short title.
<DELETED>Sec. 2. Table of contents.
<DELETED>Sec. 3. Definitions.
                <DELETED>TITLE I--NATIONAL OCEAN POLICY

<DELETED>Sec. 101. Findings.
<DELETED>Sec. 102. Purposes.
<DELETED>Sec. 103. Policy.
   <DELETED>TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

<DELETED>Sec. 201. Establishment.
<DELETED>Sec. 202. Functions and Purposes.
<DELETED>Sec. 203. National Oceanic and Atmospheric Administration.
<DELETED>Sec. 204. Responsibilities of the Administrator.
<DELETED>Sec. 205. Powers of the Administrator.
<DELETED>Sec. 206. Enforcement.
<DELETED>Sec. 207. Regional capabilities.
<DELETED>Sec. 208. Intergovernmental coordination.
<DELETED>Sec. 209. International consultation and coordination.
<DELETED>Sec. 210. Report on oceanic and atmospheric conditions and 
                            trends.
<DELETED>Sec. 211. Conforming amendments and appeals.
<DELETED>Sec. 212. Savings provision.
<DELETED>Sec. 213. Transition.
          <DELETED>TITLE III--FEDERAL COORDINATION AND ADVICE

<DELETED>Sec. 301. Council on Ocean Stewardship.
<DELETED>Sec. 302. Membership.
<DELETED>Sec. 303. Functions of Council.
<DELETED>Sec. 304. National priorities for coordination.
<DELETED>Sec. 305. Employees.
<DELETED>Sec. 306. Biennial report to Congress.
<DELETED>Sec. 307. Presidential panel of advisors on oceans and 
                            climate.
<DELETED>Sec. 308. Federal program recommendations.
<DELETED>Sec. 309. Implementation.
<DELETED>Sec. 310. No effect on other authorities.

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Administrator.--The term ``Administrator'' 
        means the Administrator of NOAA.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) NOAA.--The term ``NOAA'' means the National 
        Oceanic and Atmospheric Administration.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

           <DELETED>TITLE I--NATIONAL OCEAN POLICY</DELETED>

<DELETED>SEC. 101. FINDINGS.</DELETED>

<DELETED>    The Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 102. PURPOSES.</DELETED>

<DELETED>    The purposes of this Act are--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) to set forth the duties and responsibilities 
        of the Administration, and the principal officers of the 
        Administration;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 103. POLICY.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) recognize the linkage of ocean, land, and 
        atmospheric systems, including the linkage of those systems 
        with respect to climate change;</DELETED>
        <DELETED>    (2) protect life and property against natural and 
        manmade hazards, including protection through weather and 
        marine forecasts and warnings;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5) assure sustainable coastal development based 
        on responsible State and community management and planning, and 
        reflecting the economic and environmental values of ocean 
        resources;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (7) enhance sustainable ocean-related and coastal-
        dependent commerce and transportation, balancing multiple uses 
        of the ocean environment;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

          <DELETED>TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC 
                        ADMINISTRATION</DELETED>

<DELETED>SEC. 201. ESTABLISHMENT.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 202. FUNCTIONS AND PURPOSES.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    (1) Management, conservation, protection, and 
        restoration of ocean resources, including living marine 
        resources, habitats and ocean ecosystems.</DELETED>
        <DELETED>    (2) Observation, monitoring, assessment, 
        forecasting, prediction, operations and exploration for ocean 
        and atmospheric environments including weather, climate, 
        navigation and marine resources.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 203. NATIONAL OCEANIC AND ATMOSPHERIC 
              ADMINISTRATION.</DELETED>

<DELETED>    (a) Administrator.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) Resource management, protection, and 
        restoration.</DELETED>
        <DELETED>    (2) Operations, forecasting, and services 
        (including weather and climate).</DELETED>
        <DELETED>    (3) Science, technology, and education.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (h) Commissioned Officers.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 204. RESPONSIBILITIES OF THE ADMINISTRATOR.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) management, conservation, protection, and 
        restoration of ocean resources, including--</DELETED>
                <DELETED>    (A) living marine resources (including 
                fisheries, vulnerable species and habitats, and marine 
                biodiversity);</DELETED>
                <DELETED>    (B) ocean areas (including marine 
                sanctuaries, estuarine reserves, and other managed 
                areas);</DELETED>
                <DELETED>    (C) marine aquaculture;</DELETED>
                <DELETED>    (D) protection of ocean environments from 
                threats to human and ecosystem health, including 
                pollution and invasive species;</DELETED>
                <DELETED>    (E) sustainable management, beneficial 
                use, protection, and development of coastal regions; 
                and</DELETED>
                <DELETED>    (F) mitigation of impacts of natural and 
                man-made hazards including climate change;</DELETED>
        <DELETED>    (2) partnering with and supporting State and local 
        communities in undertaking management, conservation, 
        protection, and restoration of ocean resources described in 
        subsection (1);</DELETED>
        <DELETED>    (3) observation, analysis, processing, and 
        communication of comprehensive data and information concerning 
        the State of--</DELETED>
                <DELETED>    (A) the upper and lower 
                atmosphere;</DELETED>
                <DELETED>    (B) the oceans and resources thereof; 
                and</DELETED>
                <DELETED>    (C) the earth and near space 
                environment;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (16) ensuring the execution and implementation of 
        national ocean, atmospheric, and environmental policy goals 
        through a variety of ocean and atmospheric programs;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (18) providing for, encouraging, and assisting 
        public participation in the development and implementation of 
        ocean and atmospheric policies and programs;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (22) coordination with other Federal agencies 
        having related responsibilities.</DELETED>

<DELETED>SEC. 205. POWERS OF THE ADMINISTRATOR.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Gifts and Donations.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) contributions of funds; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (g) Acquisition and Construction.--The Administrator may--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) construct, improve, repair, operate, maintain 
        or dispose of real or personal property, including buildings, 
        facilities, and land.</DELETED>

<DELETED>SEC. 206. ENFORCEMENT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Use of State Personnel.--</DELETED>
        <DELETED>    (1) In general.--The Administrator may--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) designate such personnel to exercise 
                the enforcement authority of the Administrator under 
                subsection (a).</DELETED>
        <DELETED>    (2) Status and powers.--Any personnel designated 
        by the Administrator under paragraph (1)(B)--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 207. REGIONAL CAPABILITIES.</DELETED>

<DELETED>    The Administrator of The National Oceanic and Atmospheric 
Administration shall--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) enhance inter- and intra-agency 
                cooperation;</DELETED>
                <DELETED>    (B) maximize Federal capabilities in such 
                region;</DELETED>
                <DELETED>    (C) develop coordinated, ecosystem-based 
                management and research programs;</DELETED>
                <DELETED>    (D) develop research partnerships with 
                States and academia;</DELETED>
                <DELETED>    (E) substantially improve the ability of 
                the public to contact and work with all relevant 
                federal agencies; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) encourage similar eco-regional 
                organization and, if appropriate, co-location of 
                related programs and facilities to achieve goals of 
                paragraph (1); and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) NOAA shall in consultation with the States, 
        develop regional information programs as recommended by the 
        U.S. Commission on Ocean Policy, including--</DELETED>
                <DELETED>    (A) coordinated research 
                strategies;</DELETED>
                <DELETED>    (B) integrated ocean and atmospheric 
                monitoring and observation activities; and</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 208. INTERGOVERNMENTAL COORDINATION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 209. INTERNATIONAL CONSULTATION AND 
              COOPERATION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 210. REPORT ON OCEANIC AND ATMOSPHERIC CONDITIONS AND 
              TRENDS.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>     (1) the status and condition of the Nation's 
        ocean and atmospheric environments (including with respect to 
        climate change);</DELETED>
        <DELETED>     (2) current and foreseeable trends in the 
        quality, management and utilization of such environments; 
        and</DELETED>
        <DELETED>     (3) the effects of those trends on the social, 
        economic, ecological, and other requirements of the 
        Nation.</DELETED>

<DELETED>SEC. 211. CONFORMING AMENDMENTS AND REPEALS.</DELETED>

<DELETED>     (a) Reorganization Plan No. 4.--Reorganization Plan No. 4 
of 1970 (5 U.S.C. App.) is repealed.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) References to NOAA as Within the Department of 
Commerce.--</DELETED>
        <DELETED>    (1) Section 407 of Public Law 99-659 (15 U.S.C. 
        1503b) is repealed.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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).''.</DELETED>

<DELETED>SEC. 212. SAVINGS PROVISION.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 213. TRANSITION.</DELETED>

<DELETED>    (a) Effective Date.--The provisions of title II of this 
Act shall become effective 2 years from the date of enactment of this 
Act.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (1) meet the requirements of title II;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) provide integrated oceanic and atmospheric 
        programs and services for the benefit of the Nation.</DELETED>

     <DELETED>TITLE III--FEDERAL COORDINATION AND ADVICE</DELETED>

<DELETED>SEC. 301. COUNCIL ON OCEAN STEWARDSHIP.</DELETED>

<DELETED>    There is established in the Executive Office of the 
President a Council on Ocean Stewardship.</DELETED>

<DELETED>SEC. 302. MEMBERSHIP.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Chairman.--The President shall designate 1 of the 
members of the Council to serve as Chairman.</DELETED>
<DELETED>    (c) Qualifications.--Each member shall be a person who, as 
a result of training, experience, and attachments, is exceptionally 
well qualified--</DELETED>
        <DELETED>    (1) to analyze and interpret ocean and atmospheric 
        trends and information of all kinds;</DELETED>
        <DELETED>    (2) to appraise programs and activities of the 
        Federal Government in the light of the policy set forth in 
        title I;</DELETED>
        <DELETED>    (3) to be conscious of and responsive to the 
        scientific, environmental, ecosystem, economic, social, 
        aesthetic and cultural needs and interests of the Nation; 
        and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 303. FUNCTIONS OF COUNCIL.</DELETED>

<DELETED>    (a) Coordination and Advice.--The Council--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) shall provide a forum for improving Federal 
        interagency planning, budget and program coordination, 
        administration, outreach, and cooperation on such programs and 
        activities;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (6) shall identify progress made by Federal ocean 
        and atmospheric programs toward achieving the goals of--
        </DELETED>
                <DELETED>    (A) providing more effective protection 
                and restoration of marine ecosystems;</DELETED>
                <DELETED>    (B) improving predictions of climate 
                change and variability (weather), including their 
                effects on coastal communities and the 
                nation;</DELETED>
                <DELETED>    (C) improving the safety and efficiency of 
                marine operations;</DELETED>
                <DELETED>    (D) more effectively mitigating the 
                effects of natural hazards;</DELETED>
                <DELETED>    (E) reducing public health risks from 
                ocean and atmospheric sources;</DELETED>
                <DELETED>    (F) ensuring sustainable use of resources; 
                and</DELETED>
                <DELETED>    (G) improving national and homeland 
                security;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (9) shall emphasize the development and support of 
        partnerships among government agencies and nongovernmental 
        organizations, academia, and the private sector including 
        regional partnerships;</DELETED>
        <DELETED>    (10) shall expand research, education, and 
        outreach efforts by all Federal agencies undertaking ocean and 
        atmospheric activities; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Consultation.--In exercising its powers, functions, 
and duties under this Act, the Council shall--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Reviews and Reports.--The Council shall--</DELETED>
        <DELETED>    (1) prepare the biennial report required by 
        section 306 of this title; and</DELETED>
        <DELETED>    (2) make and furnish such studies, reports 
        thereon, and recommendations with respect to matters of policy 
        and legislation as the President may request.</DELETED>

<DELETED>SEC. 304. NATIONAL PRIORITIES FOR COORDINATION.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (1) Prevention, management and control of nonpoint 
        source pollution including regional or watershed 
        strategies.</DELETED>
        <DELETED>    (2) An integrated ocean and coastal observing 
        system and an associated earth observing system.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Ocean education and outreach.</DELETED>
        <DELETED>    (5) Regionally-based coastal land protection, 
        conservation, maintenance, and restoration.</DELETED>
        <DELETED>    (6) Enhanced research and technology development 
        on crosscutting areas, including--</DELETED>
                <DELETED>    (A) oceans and human health;</DELETED>
                <DELETED>    (B) social science and 
                economics;</DELETED>
                <DELETED>    (C) atmospheric monitoring and climate 
                change;</DELETED>
                <DELETED>    (D) marine ecosystems, marine 
                biodiversity, and ocean exploration;</DELETED>
                <DELETED>    (E) marine and atmospheric hazards, 
                including sea level rise and geological events; 
                and</DELETED>
                <DELETED>    (F) marine aquaculture.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 305. EMPLOYEES.</DELETED>

<DELETED>    (a) Assistance From Federal Agencies.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Forms of assistance.--Assistance furnished by 
        Federal agencies and departments under paragraph (1) may 
        include--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) undertaking, upon request of the 
                Chairman of the Council, such special studies for the 
                Council as are necessary to carry out its 
                functions.</DELETED>
        <DELETED>    (3) Personnel management.--The Chairman of the 
        Council shall have the authority to make personnel decisions 
        regarding any employees detailed to the Council.</DELETED>
<DELETED>    (b) Employment of Personnel, Experts, and Consultants.--
The Council may--</DELETED>
        <DELETED>    (1) employ such officers and employees as may be 
        necessary to carry out its functions under this 
        title;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 306. BIENNIAL REPORT TO CONGRESS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) a comprehensive description of the ocean and 
        atmospheric programs and accomplishments of all agencies and 
        departments of the United States;</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (3) a report on progress in improving Federal and 
        State coordination on ocean and atmospheric activities, 
        including coordination efforts required in this Act;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (6) recommendations for legislative or other 
        action.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 307. PRESIDENTIAL PANEL OF ADVISERS ON OCEANS AND 
              CLIMATE.</DELETED>

<DELETED>    (a) Establishment; Purpose.--The President shall establish 
a Presidential Panel of Advisers on Oceans and Climate. The purpose of 
the Presidential Panel shall be--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Membership.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Chair.--The Chairman of the Council on Ocean 
        Stewardship shall co-chair the Presidential Panel with a 
        nonfederal member designated by the President.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) marine-related State and local government 
        functions;</DELETED>
        <DELETED>    (2) ocean and coastal resource conservation and 
        management;</DELETED>
        <DELETED>    (3) atmospheric or ocean science, engineering, and 
        technology;</DELETED>
        <DELETED>    (4) the marine industry (including recreation and 
        tourism);</DELETED>
        <DELETED>    (5) climate change;</DELETED>
        <DELETED>    (6) atmospheric or coastal hazards; and</DELETED>
        <DELETED>    (7) other fields appropriate for consideration of 
        matters of oceanic or atmospheric policy.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) Meetings.--The Presidential Panel shall meet at least 
twice per year, or as prescribed by the President.</DELETED>
<DELETED>    (g) Reports.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 308. FEDERAL PROGRAM RECOMMENDATIONS.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 309. IMPLEMENTATION.</DELETED>

<DELETED>    Not later than 18 months after the date of enactment of 
this Act, the Administrator shall--</DELETED>
        <DELETED>    (1) promulgate such regulations as may be 
        necessary or appropriate to implement this title; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 310. NO EFFECT ON OTHER AUTHORITIES.</DELETED>

<DELETED>    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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fritz Hollings 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 and implementation.

       TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Sec. 201. Establishment.
Sec. 202. Functions and purposes.
Sec. 203. National Oceanic and Atmospheric Administration.
Sec. 204. Powers and authorities.
Sec. 205. Enforcement.
Sec. 206. Relationship to Secretary of Commerce.
Sec. 207. NOAA plan and budget.
Sec. 208. Research plan.
Sec. 209. Science Advisory Board.
Sec. 210. Conforming amendments, repeals, and transition.
Sec. 211. Report on oceanic and atmospheric conditions and trends.
Sec. 212. Implementation.
Sec. 213. Savings provision.

               TITLE III--FEDERAL COORDINATION AND ADVICE

                Subtitle A--Council on Ocean Stewardship

Sec. 301. Establishment of Council.
Sec. 302. Membership.
Sec. 303. Functions of the Council.
Sec. 304. Council employees.
Sec. 305. Biennial report to Congress. 
Sec. 306. Presidential panel of advisers on oceans, atmosphere, and 
                            climate change.
Sec. 307. Authorization of appropriations.

              Subtitle B--Interagency Science Coordination

Sec. 321. National Ocean Science Committee.
Sec. 322. National strategy for ocean science, education, and 
                            technology.

                      Subtitle C--Federal Programs

Sec. 341. Federal program recommendations.
Sec. 342. No effect on other authorities.

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) Ocean; oceanic.--The term ``ocean'' includes coastal 
        regions, 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; and ``oceanic'' is the adjectival form of such term.
            (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.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

                     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, and related earth 
        systems, 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 to 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 the atmosphere, and related 
        earth systems, 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 with responsibility and resources 
        necessary to implement the policy and mission and which is 
        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, including those previously 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 and regular consultation and coordination 
        with the States and other stakeholders on national ocean and 
        atmospheric policies and 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 and other stakeholders with respect to ocean 
        and atmospheric programs and activities, including management 
        of ocean resources and identification of appropriate 
        opportunities for policy-making and decision-making at the 
        state and local level.

SEC. 103. POLICY AND IMPLEMENTATION.

    (a) 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 long-term responsible and sustainable use of 
        fishery resources and other ocean and coastal resources held in 
        the public trust, using ecosystem-based management and an 
        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 nations ocean 
        resources through a partnership of the Federal Government with 
        States, territories, and Commonwealths that reflects their 
        sovereign and 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 promote cooperation in the national interest by the United 
        States with other nations and international organizations in 
        ocean and climate-related activities.
    (b) Implementation.--The President, under guidance from the Council 
on Ocean Stewardship, and acting through the Administrator of the 
National Oceanic and Atmospheric Administration and other agencies with 
oceanic and atmospheric responsibilities, shall implement programs and 
activities that carry out the policy set forth in subsection (a).

       TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

SEC. 201. ESTABLISHMENT.

    There is established an administration in the Department of 
Commerce, to be known as the National Oceanic and Atmospheric 
Administration, which shall be the civilian agency principally 
responsible for providing oceanic, weather, atmospheric, and climate 
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 date of 
enactment 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 set forth in 
section 103(a) 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; and
            (3) Research, education and outreach, technical assistance, 
        technology development, and innovation activities relating to 
        ocean and atmospheric environments including basic and applied 
        scientific research and activities that support other agency 
        functions and missions.
    (b) State and Federal Coordination.--The Administrator shall ensure 
that NOAA programs and activities work with State and Federal programs 
to encourage early cooperation, coordination, and integration of State 
and Federal coastal, oceanic, and atmospheric programs, including the 
planning and implementation of regional and ecosystem-based activities.
    (c) International Coordination.--The Administrator shall cooperate 
to the fullest extent practicable 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. The Secretary of 
State and any other officer of the United States with responsibility 
for agreements, treaties, or understandings with foreign nations and 
international organizations shall consult with the Administrator 
whenever the subject matter or activity involved is a subject matter or 
activity described in this Act with a view to assuring that the 
interests of the United States are adequately represented.
    (d) Partnerships.--The Administrator shall promote, support, and 
enter in partnership with academia, industry, conservation groups, 
educators, and other interested persons to improve the effectiveness of 
NOAA programs and activities and enhance public awareness and 
understanding of NOAA science, service, and stewardship missions.

SEC. 203. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    (a) Administrator.--
            (1) Appointment.--The Administrator is the head of NOAA. 
        The Administrator shall be appointed by the President, by and 
        with the advice and consent of the Senate, and shall be 
        compensated at the rate now or hereafter provided for Level II 
        of the Executive Schedule Pay Rates (5 U.S.C. 5313). The term 
        of office of any individual appointed after the date of 
        enactment of this Act to serve as Administrator is 5 years.
            (2) Qualifications.--The Administrator shall--
                    (A) be a citizen of the United States;
                    (B) not be a member of the armed forces (as defined 
                in section 101(a)(4) of title 10, United States Code); 
                and
                    (C) have the professional qualifications and 
                experience necessary to carry out the missions and 
                purposes of the Administration.
            (3) Authority.--The Administrator shall be responsible for 
        the exercise of all powers and the discharge of all duties of 
        the Administration, and shall have authority and control over 
        all personnel and activities thereof.
    (b) Deputy Administrator.--The Administrator shall have a Deputy 
Administrator, who shall perform such duties and functions as the 
Administrator shall prescribe. The Deputy Administrator 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, and shall be compensated at 
the rate provided for Level III of the Executive Schedule Pay Rates (5 
U.S.C. 5314). The Deputy Administrator shall be the Administrator's 
first assistant for purposes of subchapter III of chapter 33 of title 
5, United States Code.
    (c) Chief Operating Officer.--There shall be a Chief Operating 
Officer of NOAA, who shall assume the responsibilities held by the 
Deputy Under Secretary of Commerce for Oceans and Atmosphere prior to 
enactment of this Act. The Chief Operating Officer shall be a Senior 
Executive Service position authorized under section 3133 of title 5, 
United States Code.
    (d) Associate Administrators.--There shall be 3 Associate 
Administrators, appointed by the Administrator, who shall be 
responsible for each of the functions established by section 202(a). 
The Associate Administrators shall have the qualifications and 
experience necessary to fulfill the requirements of the position and 
shall be compensated at the rate provided for Level IV of the Executive 
Schedule Pay Rates (5 U.S.C. 5315).
    (e) Assistant Administrators.--There shall be in NOAA Assistant 
Administrators, who shall perform such duties and exercise such powers 
as the Administrator may prescribe.
    (f) 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.
    (g) 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.
    (h) Naval Deputy.--The Secretary of the Navy, through the 
Oceanographer of the Navy, may detail a Naval Deputy to the 
Administration on an additional duty basis.

SEC. 204. POWERS AND AUTHORITIES.

    In addition to any other authority provided to the Administrator by 
law or by delegation from the Secretary, the Administrator shall have 
the following authorities with respect to NOAA and the implementation 
of this Act:
            (1) Authorities that, immediately prior to the enactment of 
        this Act, were vested by law in NOAA, or in the Secretary with 
        respect to NOAA, including under Reorganization Plan No. 2 of 
        1965, Reorganization Plan No. 4 of 1970 (5 U.S.C. App.), and 
        sections 3 and 4 of the Act of October 1, 1890 (15 U.S.C. 312 
        and 313).
            (2) Authority to promulgate rules and regulations as 
        necessary or appropriate.
            (3) Without regard to section 3324(a) and (b) of title 31, 
        United States Code, authority to enter into and perform such 
        contracts, leases, grants, cooperative agreements, or other 
        transactions (without regard to chapter 63 of that title), as 
        may be necessary to carry out NOAA's purposes and authorities, 
        on terms it deems appropriate, with 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. The authority conferred on the Administrator by this 
        paragraph does not include the authority to contract for 
        services that are an inherently governmental function (as 
        defined in section 5 of the Federal Activities Inventory Reform 
        Act of 1998 (31 U.S.C. 501 note).
            (4) Authority to accept from any source, hold, administer, 
        invest, dispose of and utilize gifts, bequests, or devises of 
        services, money, securities or property (whether real, 
        personal, intellectual or of any other kind) or any interest 
        therein, and the income therefrom or the proceeds upon 
        disposition thereof, without regard to section 1342 of title 
        31, United States Code, and such money, income, or proceeds 
        shall be available to NOAA for obligation and expenditure to 
        carry out the purposes of NOAA under this Act.
            (5) Authority to 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, international 
        organizations, foreign governments, educational institutions, 
        non-profit organizations, commercial organizations, Native 
        American tribes and organizations, and other public and private 
        persons or entities.
            (6) Authority to disseminate information and conduct 
        education, technical assistance, and outreach in direct support 
        of programs and authorities provided by law, and functions and 
        purposes described in section 202.
            (7) Authority to--
                    (A) acquire (by purchase, lease, or otherwise), 
                lease, invest, sell, dispose of, or convey services, 
                money, securities or property (whether real, personal, 
                intellectual or of any other kind) or interest therein; 
                and
                    (B) construct, improve, repair, operate, maintain 
                and dispose of real or personal property, including but 
                not limited to buildings, facilities, and land.
            (8) Authority to--
                    (A) procure the services of experts or consultants 
                (or of organizations of experts or consultants) as 
                described in and in accordance with the first two 
                sentences of section 3109(b) of title 5, United States 
                Code, and when determined necessary by the Under 
                Secretary, without regard to the time limitation in the 
                first sentence of section 3109(b), at respective daily 
                rates of pay for individuals which are not more than 
                the daily equivalent of the rate of basic pay then 
                currently paid for Level III of the Executive Schedule 
                of section 5313 of title 5, United States Code, and pay 
                in connection with such services travel expenses of 
                individuals, including transportation and per diem in 
                lieu of subsistence while such individuals are 
                traveling from their homes or places of business to 
                official duty stations and return as may be authorized 
                by law;
                    (B) install, repair, and maintain telephones and 
                telephone wiring and pay telephone service tolls or 
                other charges with respect to residences owned or 
                leased by the United States Government and, to the 
                extent necessary to implement this Act, other private 
                residences, without regard to section 1348 of title 31, 
                United States Code;
                    (C) purchase or hire passenger motor vehicles as 
                necessary for the implementation of this Act when 
                carrying out official duties; and
                    (D) expend appropriations for official reception 
                and representation.

SEC. 205. 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. 206. RELATIONSHIP TO SECRETARY OF COMMERCE.

    In carrying out its functions, NOAA shall be subject to the policy 
direction of the Secretary of Commerce, but otherwise shall retain 
responsibility for decisions regarding the management and 
administration of its operation and shall exercise independent control 
of its budget allocation, formulation, and expenditures, personnel 
decisions and processes, procurement, and other administrative and 
management functions in accordance with this title and applicable 
provisions of law. The responsibility shall include submission of 
annual budget requests by NOAA to the Director of the Office of 
Management and Budget, who shall provide for examination of the budget 
and programs of NOAA within national resource programs.

SEC. 207. NOAA PLAN AND BUDGET.

    (a) Plan and Budget.--Not later than 9 months after the date of 
enactment of this Act, the Administrator shall submit to Congress a 
plan and budget setting forth a proposal for program and agency 
reorganization that fully considers the recommendations of the U.S. 
Commission on Ocean Policy and that will provide improved services to 
the Nation. The plan shall provide for--
            (1) implementation of title I and this title;
            (2) improved effectiveness of NOAA programs, operations, 
        and budget in accordance with the functions and purposes 
        described in section 202;
            (3) a coherent, transparent, and accountable management and 
        budgetary structure for all agency functions and purposes;
            (4) ecosystem-based science and management, including 
        regional information programs;
            (5) organization of research, operations and services in a 
        manner that supports both regional and national needs;
            (6) support for development of regulatory, management, and 
        incentive-based approaches designed to integrate multiple 
        statutory mandates;
            (7) ensuring crosscutting activities among missions, in 
        cooperation with the activities of other Federal and State 
        agencies, and transfer of products and services among the 3 
        agency functions set forth in section 202(a);
            (8) maximizing opportunities to work in partnership with 
        States and other stakeholders to promote ecosystem-based 
        science and management, develop effective education and 
        outreach efforts, and enhance capacity to manage issues on an 
        eco-regional basis; and
            (9) the maintenance and replacement of facilities, vessels, 
        aircraft, and major equipment required to perform and support 
        NOAA missions.
    (b) Consultation and Public Comment.--The plan shall be developed 
in consultation with interested parties, including representatives of 
the States, academia, industry, conservation organizations, and labor 
organizations certified as the exclusive representatives of 
Administration employees pursuant to chapter 71 of title 5, United 
States Code. The draft plan shall be published in the Federal Register 
for public notice and comment at least 60 days prior to final 
submission to Congress.

SEC. 208. RESEARCH PLAN.

    The Administrator of the National Oceanic and Atmospheric 
Administration shall develop a 20-year integrated research plan for the 
agency setting forth its scientific goals and priorities, as well as 
programmatic actions to carry out those goals and priorities. The 
research plan shall provide for exploration of the ocean environment, 
development of methods and instruments to study and monitor the oceans 
and atmosphere, the conduct of basis and applied ocean and atmospheric 
research, including climate change, and education and training and 
public outreach activities. The plan shall--
            (1) articulate goals, priorities, and programmatic actions 
        for the agency in 5-year phases;
            (2) identify linkages between Administration research 
        activities and missions;
            (3) identify how Administration laboratories, joint 
        institutes, cooperative institutes, joint centers, and the 
        extramural research and education community will participate 
        and assist in achieving the goals of the plan;
            (4) consider the recommendations of relevant reports 
        prepared by the National Research Council and international 
        scientific institutions and organizations;
            (5) be developed in consultation with programmatic offices, 
        the extramural research and education community, States, and 
        interested members of the public; and
            (6) be revised or updated every 5-to-7 years.

SEC. 209. SCIENCE ADVISORY BOARD.

    (a) In General.--There shall be within the Administration a Science 
Advisory Board, which shall provide such scientific advice as may be 
requested by the Administrator or the Congress.
    (b) Purpose.--The purpose of the Science Advisory Board is to 
advise the Administrator and, upon request, the Congress on long-range 
and short-range strategies for research, education, and the application 
of science to resource management and environmental assessment and 
prediction.
    (c) Members.--
            (1) In general.--The Science Advisory Board shall consist 
        of not more than 15 members appointed by the Administrator to 
        ensure a balanced representation among eminent scientists, 
        engineers, educators, resource managers and science and ocean 
        resource policy experts reflecting the full breadth of the 
        Administration's areas of responsibility.
            (2) Terms of service.--Members shall be appointed for 3-
        year terms, renewable once, and shall serve at the discretion 
        of the Administrator. An individual serving a term as a member 
        of the Science Advisory Board on the date of enactment of this 
        Act may complete that term, and may be reappointed once for 
        another term of 3 years unless the term being served on such 
        date of enactment is the second term served by that individual. 
        Vacancy appointments shall be for the remainder of the 
        unexpired term of the vacancy, and an individual so appointed 
        may subsequently be appointed for 2 full 3-year terms if the 
        remainder of the unexpired term is less than one year.
            (3) Chairperson.--The Administrator shall designate a 
        chairperson from among the members of the Board.
            (4) Appointment.--Members of the Science Advisory Board 
        shall be appointed as special Government employees, within the 
        meaning given such term in section 202(a) of title 18, United 
        States Code.
            (5) Criteria for selection.--The Administrator shall 
        develop and apply standard criteria, in accordance with 
        applicable Department of Commerce guidance, for the selection 
        of members of the Science Advisory Board.
    (d) Administrative Provisions.--
            (1) Reporting.--The Science Advisory Board shall report to 
        the Administrator and the appropriate requesting party.
            (2) Administrative support.--The Administrator shall 
        provide administrative support to the Science Advisory Board.
            (3) Meetings.--The Science Advisory Board shall meet at 
        least twice each year, and at other times at the call of the 
        Administrator or the Chairperson.
            (4) Compensation and expenses.--A member of the Science 
        Advisory Board shall not be compensated for service on such 
        board, but upon request by the member may be allowed travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with subchapter I of chapter 57 of title 5, United 
        States Code.
            (5) Subcommittees.--The Science Advisory Board may 
        establish such subcommittees of its members as may be 
        necessary. The Science Advisory Board may establish task forces 
        and working groups consisting of Board members and outside 
        experts as may be necessary.
    (e) Expiration.--Section 14 of the Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Science Advisory Board.

SEC. 210. CONFORMING AMENDMENTS, REPEALS, AND TRANSITION.

    (a) Reorganization Plan No. 4 of 1970 (5 U.S.C. App. 1) is 
repealed.
    (b) Any reference, in any law, rule, regulation, directive, or 
instruction, or certificate or other official document, in force 
immediately prior to enactment of this Act--
            (1) to the National Oceanic and Atmospheric Administration 
        shall be deemed to refer and apply to the National Oceanic and 
        Atmospheric Administration established by section 201 of this 
        title;
            (2) to the Under Secretary of Commerce for Oceans and 
        Atmosphere, or to the Administrator of the National Oceanic and 
        Atmospheric Administration, shall be deemed to refer and apply 
        to the Administrator of the National Oceanic and Atmospheric 
        Administration to whom subsection 203(a) of this Act refers; 
        and
            (3) to any other position in NOAA shall be deemed to refer 
        and apply to that same position in the National Oceanic and 
        Atmospheric Administration established by section 201 of this 
        title.
    (c) Section 407 of Public Law 99-659 (100 Stat. 3739) is amended by 
striking subsection (a) (15 U.S.C. 1503b) and subsection (b) (15 U.S.C. 
1507c).

SEC. 211. 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, 
in a consistent format, 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. 212. 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 Act; 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 Act.

SEC. 213. SAVINGS PROVISION.

    All rules and regulations, determinations, standards, contracts, 
certifications, authorizations, appointments, collective bargaining 
agreements, 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 of Commerce for Oceans and Atmosphere, 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.

               TITLE III--FEDERAL COORDINATION AND ADVICE

                Subtitle A--Council on Ocean Stewardship

SEC. 301. ESTABLISHMENT OF COUNCIL.

    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) Qualifications.--Each member shall be an individual 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 light of the policy set forth in section 103 of 
        this Act;
            (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.
    (c) Chairman.--The President shall designate 1 of the members of 
the Council to serve as Chairman.
    (d) Compensation of Members.--Members of the Council shall serve 
full time. The Chairman of the Council shall be compensated at the rate 
provided for Level II of the Executive Schedule Pay Rates (5 U.S.C. 
5313). The other members of the Council shall be compensated at the 
rate provided for Level IV of the Executive Schedule Pay Rates (5 
U.S.C. 5315).

SEC. 303. FUNCTIONS OF THE COUNCIL.

    (a) Coordination and Advice.--The Council shall--
            (1) provide a forum for improving Federal interagency 
        planning, budget and program coordination, administration, 
        outreach, and cooperation, particularly on crosscutting 
        programs and activities that require coordinated Federal 
        action, such as nonpoint source pollution, ecosystem-based 
        conservation and management, ocean education, and monitoring, 
        research and technology development for oceans and atmosphere;
            (2) gather timely and authoritative information concerning 
        the conditions and trends in the quality of the ocean and 
        atmospheric environment both current and prospective, analyze 
        and interpret such information for the purpose of determining 
        whether such conditions and trends are interfering, or are 
        likely to interfere, with the achievement of the policy set 
        forth in section 103 of this Act, and compile and submit to the 
        President studies relating to such conditions and trends;
            (3) review and appraise the various programs and activities 
        of the Federal Government in the light of the policy set forth 
        in section 103 of this Act for the purpose of determining the 
        extent to which such programs and activities are effective and 
        contributing to the achievement of such policy, and make 
        recommendations to the President with respect thereto;
            (4) 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;
            (5) develop and issue recommendations and guidance for 
        establishing mechanisms to assure the coordination of Federal 
        ocean, coastal and atmospheric programs and activities at the 
        regional level that complement and enhance existing regional 
        and State initiatives, encourage early cooperation and 
        integration across Federal agencies and with relevant State 
        programs, support effective regional ecosystem management and 
        science at the Federal, State and local level, and further the 
        policy set forth in section 103 of this Act;
            (6) expand research, education, and outreach efforts by all 
        Federal agencies undertaking ocean and atmospheric activities; 
        and
            (7) 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 section 
        103, improve coordination, cooperation, and effectiveness of 
        such activities, eliminate unnecessary overlap, and identify 
        areas of highest priority for funding and support.
    (b) Consultation.--In exercising its powers, functions, and duties 
under this Act, the Council shall--
            (1) consult with the Administrator and the States, and with 
        such representatives of science, industry, agriculture, labor, 
        conservation organizations, local governments and other groups, 
        as it deems advisable; and
            (2) utilize, to the fullest extent possible, the services, 
        facilities, and information (including statistical information) 
        of public and private agencies and organizations, 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 established 
        agencies.
    (c) Reviews and Reports.--The Council shall--
            (1) prepare the biennial report required by section 305 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. COUNCIL 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. 305. 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 section 103 of 
        this Act;
            (3) a report on progress in improving Federal and State 
        coordination on ocean and atmospheric activities, including 
        implementation of Mechanisms to support coordination at the 
        regional ecosystem level and other 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 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. 306. PRESIDENTIAL PANEL OF ADVISERS ON OCEANS, ATMOSPHERE, AND 
              CLIMATE CHANGE.

    (a) Establishment.--The President may establish a Presidential 
Panel of Advisers on Oceans, Atmosphere, and Climate Change. 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. The President shall appoint members 
        to serve 3-year terms.
            (2) Chair.--The Chairman of the Council on Ocean 
        Stewardship shall co-chair the Presidential Panel with a 
        nonfederal member designated by the President.

SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out the functions 
of the Council established by section 301 not to exceed $4,000,000 for 
fiscal year 2005, $4,120,000 for fiscal year 2006, $4,244,000 for 
fiscal year 2007, $4,371,000 for fiscal year 2008, $4,502,000 for 
fiscal year 2009, and $4,637,000 for fiscal year 2010.

              Subtitle B--Interagency Science Coordination

SEC. 321. NATIONAL OCEAN SCIENCE COMMITTEE.

    (a) Committee.--The Chair of the National Science and Technology 
Council, in consultation with the Chair of the Council on Ocean 
Stewardship, shall establish a National Ocean Science Committee.
    (b) Membership.--The Committee shall be composed of the following 
members:
            (1) The Administrator of the National Oceanic and 
        Atmospheric Administration.
            (2) The Secretary of the Navy.
            (3) The Director of the National Science Foundation.
            (4) The Administrator of the National Aeronautics and Space 
        Administration.
            (5) The Under Secretary of Energy for Energy, Science, and 
        Environment.
            (6) The Administrator of the Environmental Protection 
        Agency.
            (7) The Under Secretary of Homeland Security for Science 
        and Technology.
            (8) The Commandant of the Coast Guard.
            (9) The Director of the United States Geological Survey.
            (10) The Director of the Minerals Management Service.
            (11) The Commanding General of the Army Corps of Engineers.
            (12) The Director of the National Institutes of Health.
            (13) Under Secretary of Agriculture for Research, 
        Education, and Economics.
            (14) The Assistant Secretary of State for Oceans and 
        International Environmental and Scientific Affairs.
            (15) The Director of the Defense Advanced Research Projects 
        Agency.
            (16) The Director of the Office of Science and Technology 
        Policy.
            (17) The Director of the Office of Management and Budget.
            (18) The leadership of such other Federal agencies and 
        departments as the chair and vice chairs of the Committee deem 
        appropriate.
    (c) Chair and Vice Chairs.--The chair and vice chairs of the 
Committee shall be appointed every 2 years by a selection subcommittee 
of the Committee composed of, at a minimum, the Administrator of the 
National Oceanic and Atmospheric Administration, the Director of the 
National Science Foundation, and the Secretary of the Navy. The term of 
office of the chair and vice chairs shall be 2 years. A person who has 
previously served as chair or vice chair may be reappointed.
    (d) Responsibilities.--The Committee shall--
            (1) serve as the primary source of advice and support on 
        ocean science for the National Science and Technology Council 
        and the Council on Ocean Stewardship and assist in carrying out 
        the functions of the Council as they relate to such matters, 
        including budgetary analyses;
            (2) serve as the committee on ocean science for the Council 
        and carry out its functions under section 401 of the National 
        Science and Technology Policy, Organization, and Priorities Act 
        of 1976 (42 U.S.C. 6651) that relate to ocean sciences;
            (3) improve cooperation among Federal departments and 
        agencies with respect to ocean science budgets, programs, 
        operations, facilities and personnel;
            (4) provide a forum for development of the strategy and 
        oversee its implementation;
            (5) suggest policies and procedures and provide support for 
        interagency ocean science programs;
            (6) oversee the implementation of an integrated and 
        sustained ocean and coastal observing system;
            (7) establish interagency subcommittees and working groups 
        as appropriate to develop comprehensive and balanced Federal 
        programs and approaches to ocean science needs;
            (8) coordinate United States government activities with 
        those of other nations and with international ocean observing 
        efforts, research and technology and education; and
            (9) carry out such other activities as the Council may 
        require.

SEC. 322. NATIONAL STRATEGY FOR OCEAN SCIENCE, EDUCATION, AND 
              TECHNOLOGY.

    (a) In General.--The Chair of the National Science and Technology 
Council, through the Committee, shall develop a National Strategy for 
Ocean Science, Education and Technology. The Chair shall submit the 
strategy to the Congress within one year after the date of enactment of 
this title, and a revised strategy shall be submitted at least once 
every three years thereafter. The initial strategy shall be based on 
the recommendations of the United States Commission on Ocean Policy and 
shall establish, for the 10-year period beginning in the year the 
strategy is submitted, the scientific goals and priorities for 
research, technology, education, outreach, and operations which most 
effectively advance knowledge and provide usable information for ocean 
policy decisions.
    (b) Specific Actions.--The strategy shall--
            (1) provide for a doubling of the Federal investment in 
        ocean science research over 5 years and for additional 
        investments in education and outreach, technology development, 
        and ocean exploration;
            (2) identify and address relevant programs and activities 
        of the members of the Committee that contribute to the goals 
        and priorities, setting forth the role of and funding for each 
        such member in implementing the strategy;
            (3) establish mechanisms for accelerating the transition 
        of--
                    (A) commercial or military technologies and data to 
                civilian research, education, and operations 
                applications; and
                    (B) technologies and tools developed by government 
                and university scientists to operations, including both 
                governmental and non-governmental uses;
            (4) consider and use, as appropriate, reports and studies 
        conducted by Federal agencies and departments, the National 
        Research Council, or other entities; and
            (5) make recommendations for the coordination of Federal 
        ocean science activities with those of States, regional 
        entities, other nations, and international organizations.
    (c) Elements.--The strategy shall include the following elements:
            (1) Global measurements on all relevant spatial and time 
        scales.
            (2) Partnerships among Federal agencies, states, academia, 
        industries, and other members of the ocean science community.
            (3) Oceanographic facility support, including the 
        procurement, maintenance and operation of observing and 
        research platforms, such as ships and aircraft, laboratories, 
        and related infrastructure.
            (4) Focused research initiatives and competitive research 
        grants.
            (5) Technology and sensor development, including the 
        transition of such technologies to operations.
            (6) Workforce and professional development including 
        traineeships, scholarships, fellowships and internships.
            (7) Ocean science education coordination and establishment 
        of mechanisms to improve ocean literacy and contribute to 
        public awareness of the condition and importance of the oceans.
            (8) Information management systems that allow analysis of 
        data from varied sources to produce information readily usable 
        by policymakers and stakeholders.
    (d) Public Participation.--In developing the strategy, the 
Committee shall consult with the Advisory Panel, academic, State, 
industry, and conservation groups and representatives. Not later than 
90 days before the Chair of the Council submits the strategy, or any 
revision thereof, to the Congress, a summary of the proposed strategy 
or revision shall be published in the Federal Register for a public 
comment period of not less than 60 days.

                      Subtitle C--Federal Programs

SEC. 341. FEDERAL PROGRAM RECOMMENDATIONS.

    Not later than 2 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 
the Ocean Stewardship Council, shall submit to the Congress 
recommendations on, and a plan and proposed schedule for--
            (1) 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) 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) reorganization, including establishment of NOAA as an 
        independant agency, 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 and promote an integrated 
        ecosystem and watershed-based approach.

SEC. 342. 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 or the National Weather Service under 
any other provision of law.




                                                       Calendar No. 799

108th CONGRESS

  2d Session

                                S. 2647

                          [Report No. 108-407]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 10, 2004

                       Reported with an amendment