[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 858 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 858

     To protect the oceans and Great Lakes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2009

 Mrs. Boxer (for herself, Mr. Cardin, Mr. Levin, Mr. Merkley, and Mr. 
  Whitehouse) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
     To protect the oceans and Great Lakes, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Oceans 
Protection Act of 2009''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
Sec. 5. Construction.
             TITLE I--NATIONAL OCEAN POLICY AND LEADERSHIP

Sec. 101. Purposes.
Sec. 102. National ocean policy and principles.
      Subtitle A--National Oceanic and Atmospheric Administration

Sec. 111. Short title.
Sec. 112. Establishment.
Sec. 113. Functions and purposes.
Sec. 114. Administration.
Sec. 115. Responsibilities of the Administrator.
Sec. 116. Powers of the Administrator.
Sec. 117. Enforcement.
Sec. 118. Regional capabilities.
Sec. 119. Intergovernmental coordination.
Sec. 120. International consultation and cooperation.
Sec. 121. Report on oceanic and atmospheric conditions and trends.
Sec. 122. Conforming amendments and repeals.
Sec. 123. Savings provision.
Sec. 124. Transition.
              Subtitle B--Federal Coordination and Advice

Sec. 131. National Ocean Advisor.
Sec. 132. Council on Ocean Stewardship.
Sec. 133. Membership of Council on Ocean Stewardship.
Sec. 134. Functions of Council on Ocean Stewardship.
Sec. 135. Personnel of Council on Ocean Stewardship.
Sec. 136. National priorities for coordination.
Sec. 137. Coordination plan.
Sec. 138. Biennial report to Congress.
Sec. 139. Presidential Panel of Advisers on Oceans and Climate.
Sec. 140. Construction.
              TITLE II--REGIONAL COORDINATION AND PLANNING

Sec. 201. Regional ocean coordination.
Sec. 202. Regional Ocean Partnerships.
Sec. 203. Regional Ocean Strategic Plans.
Sec. 204. Regulations.
Sec. 205. Other authority.
           TITLE III--OCEAN SCIENCE, RESEARCH, AND EDUCATION

Sec. 301. Committee on Ocean Science, Education, and Operations.
Sec. 302. National Ocean Research Priorities Plan and Implementation 
                            Strategy.
Sec. 303. Ocean Research and Education Advisory Panel.
Sec. 304. Marine ecosystems research.
Sec. 305. Ocean Ecosystem Resource Information Systems.
Sec. 306. Subcommittee on Ocean Education.
Sec. 307. Ocean and Coastal Education Program.
Sec. 308. Ocean Science and Technology Scholarship Program.
Sec. 309. National Oceanic and Atmospheric Administration Office of 
                            Education.
Sec. 310. National ocean awareness media campaign.
      TITLE IV--OCEAN AND GREAT LAKES CONSERVATION TRUST FUND AND 
                    AUTHORIZATION OF APPROPRIATIONS

Sec. 401. Ocean and Great Lakes Conservation Trust Fund.
Sec. 402. Payments to States.
Sec. 403. Eligibility for funding.
Sec. 404. Funding procedures.
Sec. 405. Equitable allocation.
Sec. 406. Healthy Ocean Stamp.
Sec. 407. Limitation on use of available amounts for administration.
Sec. 408. Record keeping requirements.
Sec. 409. Maintenance of effort and matching funding.
Sec. 410. Authorization of appropriations.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Covering more than two-thirds of the Earth's surface, 
        the oceans and Great Lakes play a critical role in the global 
        water and carbon cycles 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, Great Lakes, and the atmosphere are 
        susceptible to change as a direct and indirect result of human 
        activities, and such change can significantly impact the 
        ability of the oceans and atmosphere to provide the benefits 
        upon which the Nation depends. Changes in oceanic and 
        atmospheric processes could affect global climate patterns, 
        ecosystem productivity and health, biodiversity, environmental 
        quality, national security, economic competitiveness, 
        availability of energy, vulnerability to natural hazards, and 
        transportation safety and efficiency.
            (3) Human pressure on ocean and Great Lakes resources is 
        drastically increasing. Fifty percent of the population of the 
        United States 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) Ocean and Great Lakes resources are the property of the 
        people of the United States, are held in trust for them by 
        Federal, State, local, and tribal governments, and should be 
        managed in a precautionary manner to preserve the full range of 
        their benefits for present and future generations.
            (5) A variety of threats and practices have caused dramatic 
        declines in the health and productivity of coastal, marine, and 
        Great Lakes ecosystems of the United States. Among the major 
        threats to marine ecosystem health are--
                    (A) chemical, nutrient, and biological pollution;
                    (B) bycatch of nontarget marine species;
                    (C) habitat damage;
                    (D) overfishing and use of destructive fishing 
                practices;
                    (E) unwise land use and coastal development;
                    (F) invasive species;
                    (G) global climate change; and
                    (H) ocean acidification.
            (6) These threats are exacerbated by the legal and 
        geographic fragmentation of authority over ocean space and 
        ocean resources.
            (7) Activities harming coastal and marine ecosystems 
        jeopardize the economies and social structure of coastal 
        communities dependent on these resources.
            (8) While there is a plethora of laws, government agencies, 
        and programs dealing with coastal, ocean, and Great Lakes 
        resources, activities thereunder are poorly coordinated and do 
        not constitute a unified and comprehensive public policy toward 
        the oceans and Great Lakes.
            (9) Improving and coordinating Federal governance will 
        require close partnerships with States, taking into account 
        their public trust responsibilities, economic and ecological 
        interests in ocean and Great Lakes resources, and the role of 
        State and local governments in the implementation of policies 
        governing the use of coastal lands and ocean and Great Lakes 
        resources.
            (10) Ecosystem-based management of coastal lands, oceans, 
        and marine resources to protect, maintain, and restore the 
        health of marine ecosystems requires a partnership between 
        Federal, State, local, and tribal governments.
            (11) It is the continuing mission of the Federal Government 
        to create, foster, and maintain conditions, incentives, and 
        programs that will further and ensure 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 such resources and 
        ensuring that such resources will be available to meet the 
        needs of future generations of people in the United States.
            (12) To better enable the various levels of government with 
        authority over coastal, ocean, and Great Lakes space and 
        resources to fulfill their public trust responsibilities, a 
        unified national oceans policy that is precautionary in nature 
        is needed to govern the range of human activities that may 
        significantly affect United States ocean waters and ocean 
        resources.

SEC. 3. PURPOSE.

    The purpose of this Act is to secure, for present and future 
generations of people of the United States, the full range of 
environmental, economic, educational, social, cultural, nutritional, 
and recreational benefits of healthy ocean and Great Lakes ecosystems.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of NOAA.
            (2) Commission on ocean policy.--The term ``Commission on 
        Ocean Policy'' means the Commission on Ocean Policy established 
        under section 3 of the Oceans Act of 2000 (33 U.S.C. 857-19 
        note).
            (3) Council on ocean stewardship.--The term ``Council on 
        Ocean Stewardship'' means the Council on Ocean Stewardship 
        established under section 132.
            (4) Exclusive economic zone.--The term ``Exclusive Economic 
        Zone'' means the Exclusive Economic Zone of the United States 
        specified in Presidential Proclamation Number 5030, dated March 
        10, 1983.
            (5) Federal waters.--The term ``Federal waters'' means the 
        waters located in the United States Exclusive Economic Zone 
        seaward of the waters under the jurisdiction of a State.
            (6) Important ecological area.--The term ``important 
        ecological area'' means an area that contributes significantly 
        to local or larger marine ecosystem health or is an especially 
        unique or sensitive marine ecosystem.
            (7) Marine.--The term ``marine'' includes ocean and Great 
        Lakes waters.
            (8) Marine ecosystem health.--The term ``marine ecosystem 
        health'' means the capability of a marine ecosystem to--
                    (A) support and maintain a productive and resilient 
                community of organisms that has a species composition, 
                biological diversity, and functional organization 
                comparable to the natural habitat of the region; and
                    (B) provide a range of goods and services to humans 
                and other species at levels and rates comparable to 
                those provided by a similar undisturbed ecosystem.
            (9) National ocean policy.--The term ``National Ocean 
        Policy'' means the policy set forth in section 102(a)(1).
            (10) NOAA.--The term ``NOAA'' means the National Oceanic 
        and Atmospheric Administration.
            (11) Ocean; ocean waters.--The terms ``ocean'' and ``ocean 
        waters'' include--
                    (A)(i) coastal waters;
                    (ii) the Great Lakes;
                    (iii) the seabed, subsoil, and waters of the 
                territorial sea of the United States;
                    (iv) the waters of the exclusive economic zone of 
                the United States;
                    (v) the waters of the high seas; and
                    (vi) the seabed and subsoil of and beyond the Outer 
                Continental Shelf marine environment; and
                    (B) the natural resources found in the areas 
                described in clauses (i) through (vi) of subparagraph 
                (A).
            (12) Oceanic.--The term ``oceanic'' refers to the areas 
        described in paragraph (11).
            (13) Person.--The term ``person''--
                    (A) has the meaning given that term under section 1 
                of title 1, United States Code; and
                    (B) includes any State, political subdivision of a 
                State, and agency or officer of such State.
            (14) Regional ocean partnership.--The term ``Regional Ocean 
        Partnership'' means a Regional Ocean Partnership established or 
        designated by the Administrator under section 202.
            (15) Secretary.--Except as otherwise provided in this Act, 
        the term ``Secretary'' means the Secretary of Commerce.
            (16) 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.

SEC. 5. CONSTRUCTION.

    Except as specifically provided, nothing in this Act may be 
construed to modify, limit, amend, or repeal any provision of any other 
law or to limit the authority of a local or State government or the 
Federal Government to establish more stringent standards, requirements, 
or restrictions within their respective jurisdictions, in order to 
provide greater protection of ocean and coastal waters or resources, 
than the protection provided under this Act.

             TITLE I--NATIONAL OCEAN POLICY AND LEADERSHIP

SEC. 101. PURPOSES.

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

SEC. 102. NATIONAL OCEAN POLICY AND PRINCIPLES.

    (a) National Ocean Policy.--
            (1) In general.--It is the policy of the United States to 
        protect, maintain, and restore the health of ocean, coastal, 
        and Great Lakes ecosystems in order to fulfill the ecological, 
        economic, educational, social, cultural, nutritional, 
        recreational, and other requirements of current and future 
        generations of Americans.
            (2) Principles.--The National Ocean Policy shall be 
        implemented in accordance with the following principles:
                    (A) Policies, programs, and activities should 
                minimize negative environmental impacts to oceans, 
                Great Lakes, and coastal waters, and their resources 
                and be conducted so that they do not undermine, by 
                themselves or cumulatively, the protection, 
                maintenance, and restoration of marine ecosystem 
                health.
                    (B) Oceans, Great Lakes, and coasts and their 
                resources should be managed to meet the needs of the 
                present generation without compromising their ability 
                to meet the needs of future generations.
                    (C) Oceans, Great Lakes, coasts, and the resources 
                of each should be managed using ecosystem-based 
                management.
                    (D) The lack of scientific certainty should not be 
                used as justification for postponing action to prevent 
                negative environmental impacts. In cases in which 
                significant threats to marine ecosystem health exist, 
                the best of the available science should be used to 
                manage the oceans, Great Lakes, coasts, and their 
                resources in a manner that gives the greatest weight to 
                the protection, maintenance, and restoration of marine 
                ecosystem health.
                    (E) Policies, programs, and activities should 
                recognize--
                            (i) the interconnectedness of the land, 
                        atmosphere (including climate), oceans, and 
                        Great Lakes, including their water resources; 
                        and
                            (ii) that actions affecting any 1 of these 
                        natural resources, such as the climate, are 
                        likely to affect another, such as ocean 
                        resources.
                    (F) Potential uses of the oceans, Great Lakes, 
                coasts, and their resources should be managed in a way 
                that balances competing uses and does not undermine the 
                protection, maintenance, and restoration of marine 
                ecosystem health.
    (b) Implementation.--
            (1) Requirement.--To the fullest extent possible and in 
        accordance with applicable laws, each Federal agency shall 
        interpret and administer policies, regulations, and laws in 
        accordance with the National Ocean Policy.
            (2) Guidance.--
                    (A) In general.--Not later than 1 year after the 
                date of the enactment of this Act, the National Ocean 
                Advisor shall develop and issue guidance, consistent 
                with the National Ocean Policy, for the promulgations 
                of regulations to implement the National Ocean Policy.
                    (B) Public participation.--The National Ocean 
                Advisor shall provide adequate opportunity for public 
                comment and review during the development of the 
                guidance under subparagraph (A).
    (c) Agency Actions.--
            (1) Regulations.--
                    (A) In general.--Not later than 2 years after the 
                issuance of guidance under subsection (b)(2), the head 
                of each Federal agency shall issue new or revised 
                regulations to ensure consistency with the National 
                Ocean Policy for any actions undertaken, authorized, or 
                funded by the agency that may significantly affect the 
                oceans, Great Lakes, coasts, and their resources.
                    (B) Public comment.--The head of each Federal 
                agency shall--
                            (i) publish proposed regulations under this 
                        subsection in the Federal Register; and
                            (ii) provide a period for public comment of 
                        not less than 60 days before final regulations 
                        are published under clause (i).
            (2) Review.--Not later than 1 year after the issuance of 
        guidance under subsection (b)(2), the head of each Federal 
        agency shall--
                    (A) conduct a review of the existing policies, 
                regulations, and laws that apply to the agency and 
                identify any inconsistencies that preclude the agency 
                from fully implementing the National Ocean Policy; and
                    (B) submit a report on such review, which shall 
                include such proposals as may be necessary to eliminate 
                such inconsistencies, to--
                            (i) the Committee on Commerce, Science, and 
                        Transportation of the Senate;
                            (ii) the Committee on Natural Resources of 
                        the House of Representatives; and
                            (iii) the Council on Ocean Stewardship.

      Subtitle A--National Oceanic and Atmospheric Administration

SEC. 111. SHORT TITLE.

    This subtitle may be cited as the ``Ernest `Fritz' Hollings 
National Ocean Policy and Leadership Act''.

SEC. 112. ESTABLISHMENT.

    (a) In General.--There is established an agency to 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.
    (b) Succession.--The National Oceanic and Atmospheric 
Administration established under this Act shall succeed the National 
Oceanic and Atmospheric Administration established on October 3, 1970, 
in Reorganization Plan No. 4 of 1970, and shall continue the activities 
of that agency as it was in existence on the day before the effective 
date of this Act.

SEC. 113. FUNCTIONS AND PURPOSES.

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

SEC. 114. ADMINISTRATION.

    (a) Administrator.--
            (1) Appointment.--NOAA shall be administered by the 
        Administrator, who shall be appointed by the President, by and 
        with the advice and consent of the Senate.
            (2) Compensation.--The Administrator shall be compensated 
        at the rate provided for level III of the Executive Schedule 
        under section 5314 of title 5, United States Code.
            (3) Qualifications.--The Administrator shall have a broad 
        background, professional knowledge, and substantial experience 
        in oceanic or atmospheric affairs, including--
                    (A) any field relating to marine or atmospheric 
                science and technology, biological sciences, or 
                engineering; and
                    (B) education, economics, governmental affairs, 
                planning, law, or international affairs.
            (4) Authority.--The Administrator--
                    (A) shall carry out all functions transferred to 
                the Administrator under this Act; and
                    (B) shall have authority and control over all 
                personnel, programs, and activities of NOAA.
    (b) Deputy Administrator.--
            (1) Appointment.--There shall be a Deputy Administrator of 
        NOAA, 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.
            (2) Compensation.--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.
            (3) Qualifications.--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.
            (4) Functions.--The Deputy Administrator shall--
                    (A) serve as an adviser to the Administrator on 
                program and policy issues, including crosscutting 
                program areas such as research, technology, and 
                education;
                    (B) perform such functions and exercise such powers 
                as the Administrator may prescribe; and
                    (C) perform the functions of the Administrator 
                during the absence or disability of the Administrator 
                or in the event of a vacancy in the office of the 
                Administrator.
    (c) Associate Administrator for Ocean Management and Operations.--
There shall be an Associate Administrator for Ocean Management and 
Operations of NOAA, 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 5316 of 
title 5, United States Code.
    (d) Associate Administrator for Climate and Atmosphere.--There 
shall be an Associate Administrator for Climate and Atmosphere of NOAA, 
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 5316 of title 5, United States 
Code.
    (e) Chief Operating Officer.--
            (1) Responsibilities.--There shall be a Chief Operating 
        Officer of NOAA, who--
                    (A) shall assume the responsibilities held by the 
                Deputy Under Secretary of Commerce on the day before 
                the date of the enactment of this Act;
                    (B) shall be responsible for ensuring the timely 
                and effective implementation of NOAA's purposes and 
                authorities;
                    (C) shall provide resource, budget, and management 
                support to the Office of the Administrator; and
                    (D) shall be responsible for all aspects of NOAA 
                operations and management, including budget, financial 
                operations, information services, facilities, human 
                resources, procurement, and associated services.
            (2) SES.--The Chief Operating Officer shall be a member of 
        the Senior Executive Service, as authorized under section 3133 
        of title 5, United States Code.
    (f) Assistant Administrators.--There shall be at least 3, but not 
more than 4, Assistant Administrators of NOAA. 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 oceanic and atmospheric affairs:
            (1) Resource management, protection, and restoration.
            (2) Operations, forecasting, and services, including 
        weather and climate.
            (3) Science, technology, and education.
    (g) General Counsel.--There shall be a General Counsel of NOAA 
appointed by the President upon recommendation by the Administrator. 
The General Counsel shall serve as the chief legal officer for all 
legal matters that may arise in connection with the conduct of the 
functions of NOAA.
    (h) Commissioned Officers.--
            (1) Oversight.--The Administrator shall designate 1 or more 
        officers to be responsible for oversight of NOAA's vessel and 
        aircraft fleets and for the administration of NOAA's 
        commissioned officer corps under subtitle B of title II of the 
        National Oceanic and Atmospheric Administration Commissioned 
        Officer Corps Act of 2002 (33 U.S.C. 3021 et seq.).
            (2) Continuation.--The Commissioned Officer Corps of the 
        National Oceanic and Atmospheric Administration established by 
        Reorganization Plan No. 4 of October 3, 1970, as in effect on 
        the day before the date of the enactment of this Act, is the 
        Commissioned Officer Corps of NOAA established under this Act. 
        All statutes that applied to officers of the Commissioned 
        Officers Corps of NOAA on the day before the date of the 
        enactment of this Act apply to officers of the Corps on and 
        after such date.
            (3) List.--There are authorized to be on the lineal list of 
        the Commissioned Officers Corps of NOAA not less than 350 
        officers, plus any additional officers necessary to support 
        NOAA's missions and the operation and maintenance of NOAA's 
        ships and aircraft.
            (4) Appointment.--The President may appoint, by and with 
        the advice and consent of the Senate, 2 commissioned officers 
        to serve at any 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).
            (5) Retirement rank.--Any commissioned officer of NOAA who 
        has served under paragraph (4) 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 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 the officer would have occupied had he not served in 
        a rank above that of captain and such officer shall be an extra 
        number in that grade.
    (i) Naval Deputy.--
            (1) Detail.--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.
            (2) Functions.--The Naval Deputy shall--
                    (A) 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
                    (B) ensure coordination and joint planning by NOAA 
                and the Navy on research, meteorological, 
                oceanographic, and geospatial information services, and 
                programs of mutual organizational interest.

SEC. 115. RESPONSIBILITIES OF THE ADMINISTRATOR.

    In addition to administering and carrying out all activities, 
programs, functions, and duties, and exercising the powers that are 
assigned, delegated, or transferred to the Administrator under this 
Act, under any other statute, or by the President, the Administrator 
shall be responsible for--
            (1) managing, conserving, protecting, and restoring ocean 
        and Great Lakes resources, including--
                    (A) living marine resources, including fisheries, 
                vulnerable species and habitats, and marine 
                biodiversity;
                    (B) ocean and Great Lakes areas, including marine 
                sanctuaries, estuarine reserves, and other managed 
                areas;
                    (C) marine aquaculture;
                    (D) the protection of ocean and Great Lakes 
                environments from threats to human and ecosystem 
                health, including pollution and invasive species;
                    (E) the sustainable management, beneficial use, 
                protection, and development of coastal regions; and
                    (F) the mitigation of impacts of natural and man-
                made hazards, including climate change;
            (2) partnering with, and supporting, State and local 
        communities in undertaking management, conservation, 
        protection, and restoration of the ocean and Great Lakes 
        resources described in paragraph (1);
            (3) observing, analyzing, processing, and communicating 
        comprehensive data and information concerning the State of--
                    (A) the upper and lower atmosphere;
                    (B) the oceans, Great Lakes, and the resources they 
                provide; and
                    (C) the Earth and near space environment;
            (4) collecting, storing, analyzing, and providing reliable 
        scientific information relating to weather (including space 
        weather), climate, air quality, water, navigation, marine 
        resources, and ecosystems that may be used as a basis for sound 
        management, policy, and public safety decisions;
            (5) carrying out broadly based data, observation, 
        monitoring, and information activities, programs, and systems 
        relating to oceanic and atmospheric monitoring and prediction, 
        weather forecasting, and storm warning, including satellite-
        based and in situ data collection and associated services;
            (6) carrying out 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 (as in effect on the 
        day before the date of the enactment of this Act), 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 relating to the 
        same subject;
            (7) providing navigation and assessment operations and 
        services, including--
                    (A) developing maps and charts for the safety of 
                marine and air navigation;
                    (B) maintaining a network of geographic reference 
                coordinates for geodetic control; and
                    (C) observing, charting, mapping, and measuring the 
                marine environment and ocean resources;
            (8) developing and improving geodetic and mapping methods 
        and studies of geophysical phenomena, such as crustal movement, 
        Earth tides, and ocean circulation (including estuarine areas);
            (9) collecting, disseminating, and maintaining on a 
        continuing basis information relating to the status, trends, 
        health, use, and protection of the oceans, Great Lakes, and 
        atmosphere, to all interested parties, including through an 
        integrated ocean observing system and national and regional 
        ecosystem-based information management systems;
            (10) administering, operating, and maintaining satellite 
        and in situ systems that can monitor global and regional 
        atmospheric weather conditions, climate and related oceanic, 
        solar, hydrological, and other environmental conditions, 
        collect information required for research on weather, climate, 
        and related environmental matters, and monitor the extent of 
        human-induced changes in the lower and upper atmosphere and the 
        related environment;
            (11) collecting, analyzing, and disseminating environmental 
        information, in support of environmental research and 
        development, including data in the fields of climatology, 
        atmospheric sciences, oceanography, biology, geology, 
        geophysics, solar-terrestrial relationships, and the 
        relationship among oceans, climate, and human health;
            (12) undertaking a comprehensive, integrated, and 
        ecosystem-based program of oceanic, Great Lakes, climate, and 
        atmospheric research related to, and supportive of, the 
        missions of NOAA and which uses research products, new 
        findings, and methodologies to develop the most current 
        scientific advice for ecosystem-based management;
            (13) conducting environmental research and development 
        activities that are necessary to advance the United States 
        oceanic, atmospheric, engineering, and technology expertise, 
        including the development and operation of observing platforms 
        such as ships, aircraft, satellites, data buoys, manned or 
        unmanned research submersibles, underwater laboratories or 
        platforms, and improved instruments and calibration methods, 
        and the advancement of undersea diving techniques;
            (14) conducting a continuing program of ocean and Great 
        Lakes exploration and discovery and conservation of significant 
        undersea resources, including cultural resources, to benefit, 
        inform, and inspire the people of the United States, including 
        communication of such knowledge to policymakers and the public;
            (15) developing and implementing, in cooperation with other 
        agencies and entities as appropriate, national oceanic and 
        atmospheric education, technical assistance, extension 
        services, and outreach programs designed to increase literacy 
        concerning oceanic and atmospheric issues, develop a diverse 
        workforce, and enhance stewardship of oceanic and atmospheric 
        resources and environments;
            (16) ensuring the execution and implementation of national 
        oceanic, atmospheric, and environmental policy goals through a 
        variety of oceanic and atmospheric programs;
            (17) undertaking activities involving the integration of 
        domestic and international policy relating to the oceans, Great 
        Lakes, and the atmosphere, including the provision of technical 
        advice to the President on international negotiations involving 
        ocean resources, ocean technologies, and climate matters;
            (18) providing for, encouraging, and assisting public 
        participation in the development and implementation of oceanic 
        and atmospheric policies and programs;
            (19) conducting, supporting, and coordinating efforts to 
        enhance public awareness of NOAA, its purposes, programs, and 
        activities, and the results thereof, including education and 
        outreach to the public, teachers, students, and ocean resource 
        managers;
            (20) partnering with other government agencies, States, 
        academia, and the private sector, via cooperative agreements or 
        other formal or informal arrangements, to improve the 
        acquisition of data and information and the implementation of 
        management, monitoring, research, exploration, education, and 
        other programs;
            (21) partnering with other Federal agencies and with States 
        and communities to address the issues of land-based activities 
        and their impact on the ocean environment;
            (22) working with other Federal agencies, State, tribal, 
        and local governments, and the public to improve regional 
        coordination and integration and promote ecosystem-based 
        management of coasts, oceans, and the Great Lakes; and
            (23) coordinating with other Federal agencies that have 
        related responsibilities.

SEC. 116. POWERS OF THE ADMINISTRATOR.

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

SEC. 117. ENFORCEMENT.

    (a) Authority.--The Administrator is authorized 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 
to such Act. The Administrator may designate any person, officer, or 
agency to exercise the authority of the Administrator 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 section 
                112 and section 1114 of title 18, United States Code.
    (c) Cooperative Enforcement Agreements.--The Administrator may--
            (1) enter into cooperative agreements with State 
        authorities to ensure coordinated enforcement of State and 
        Federal laws;
            (2) by such agreements, assume enforcement authority under 
        State law when the Administrator and State authorities jointly 
        determine that such assumption of authority is appropriate; and
            (3) when so authorized, function, or designate another to 
        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. 118. REGIONAL CAPABILITIES.

    The Administrator shall--
            (1) organize agency activities and programs around common 
        ecoregional boundaries identified through a process established 
        by the Council on Ocean Stewardship, based upon recommendations 
        contained in the report of the Commission on Ocean Policy, and 
        coordinated with the Regional Ocean Partnerships, in order to--
                    (A) enhance inter- and intra-agency cooperation;
                    (B) maximize Federal capabilities in such region;
                    (C) develop coordinated, ecosystem-based management 
                and research programs;
                    (D) develop research partnerships with States, 
                Regional Ocean Partnerships, and academic institutions;
                    (E) substantially improve the ability of the public 
                to contact and work with all relevant Federal agencies; 
                and
                    (F) maximize opportunities to work in partnership 
                with States and Regional Ocean Partnerships in order to 
                facilitate ecoregional management and enhance State, 
                Regional Ocean Partnership, and local capacity to 
                manage issues on an ecoregional basis;
            (2) work with other Federal agencies, including the 
        Environmental Protection Agency, the United States Fish and 
        Wildlife Service, Army Corps of Engineers, and State agencies 
        to--
                    (A) encourage similar ecoregional organization and, 
                if appropriate, colocation of related programs and 
                facilities to achieve goals described in paragraph (1); 
                and
                    (B) plan and implement ecoregional 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; and
            (3) ensure that NOAA consults with the States and Regional 
        Ocean Partnerships established under section 302, develop 
        regional information programs as recommended by the Commission 
        on Ocean Policy, including--
                    (A) coordinated research strategies;
                    (B) integrated oceanic and atmospheric monitoring 
                and observation activities; and
                    (C) establishment of service centers and 
                coordinators to support development of innovative 
                tools, technologies, training, and technical assistance 
                to facilitate the implementation of ecosystem-based 
                management.

SEC. 119. INTERGOVERNMENTAL COORDINATION.

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

SEC. 120. INTERNATIONAL CONSULTATION AND COOPERATION.

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

SEC. 121. REPORT ON OCEANIC AND ATMOSPHERIC CONDITIONS AND TRENDS.

    Not later than 1 year after the date of the enactment of this Act, 
and biennially thereafter, the Administrator, in consultation with 
relevant Federal and State agencies and departments, shall submit a 
report to Congress that describes--
            (1) the status and condition of the United States oceanic 
        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 such trends on the social, economic, 
        ecological, and other requirements of the United States.

SEC. 122. CONFORMING AMENDMENTS AND REPEALS.

    (a) Reorganization Plan No. 4.--Reorganization Plan No. 4 of 1970 
(15 U.S.C. 1511 note) is repealed.
    (b) References to NOAA.--Any reference to the National Oceanic and 
Atmospheric Administration, the Under Secretary of Commerce for Oceans 
and Atmosphere (either by that title or by the title of the 
Administrator of NOAA), or any other official of the National Oceanic 
and Atmospheric Administration, in any law, rule, regulation, 
certificate, directive, instruction, or other official paper in force 
on the day before the date of the enactment of this Act shall be deemed 
to refer and apply to the National Oceanic and Atmospheric 
Administration established under this Act, or to the position of 
Administrator established under this Act, respectively.
    (c) References to NOAA as Within the Department of Commerce.--
            (1) NOAA officers.--Section 407 of the Act entitled ``An 
        Act to amend certain provisions of the law regarding the 
        fisheries of the United States, and for other purposes'', 
        approved November 14, 1986 (Public Law 99-659; 110 Stat. 3739), 
        is repealed.
            (2) Bureaus in noaa.--Section 12 of the Act of February 14, 
        1903 (15 U.S.C. 1511), is amended--
                    (A) by striking paragraph (1);
                    (B) by redesignating paragraphs (2) through (6) as 
                paragraphs (1) through (5), respectively; and
                    (C) in paragraph (3), as so redesignated, by 
                inserting a semicolon at the end.
    (d) Conforming Amendment.--Section 5315 of title 5, United States 
Code, is amended by striking ``Assistant Secretaries of Commerce 
(11).'' and inserting ``Assistant Secretaries of Commerce (10).''.

SEC. 123. SAVINGS PROVISION.

    All rules and regulations, determinations, standards, contracts, 
certifications, authorizations, appointments, delegations, results and 
findings of investigations, or other actions duly issued, made, or 
taken pursuant to or under the authority of any statute that 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 the 
enactment of this Act shall continue in full force and effect after the 
date of the enactment of this Act until modified or rescinded.

SEC. 124. TRANSITION.

    (a) Effective Date.--The provisions of this subtitle shall become 
effective on the date that is 2 years after the date of the enactment 
of this Act.
    (b) Reorganization.--Not later than 18 months after the date of the 
enactment of this Act, the Administrator, in consultation with the 
Assistant Administrator for Program Planning and Integration of NOAA, 
shall submit to Congress a plan and budget proposal that sets forth a 
proposal for NOAA and program reorganization that--
            (1) meets the requirements of this title;
            (2) reflects the recommendations of the Commission on Ocean 
        Policy, particularly with respect to ecosystem-based science 
        and management and additional budgetary requirements; and
            (3) provide integrated oceanic and atmospheric programs and 
        services for the benefit of the United States.

              Subtitle B--Federal Coordination and Advice

SEC. 131. NATIONAL OCEAN ADVISOR.

    (a) Establishment.--
            (1) In general.--There is established in the Executive 
        Office of the President the position of National Ocean Advisor 
        (referred to in this section as the ``Advisor''), who--
                    (A) shall be appointed by the President, by and 
                with the advice and consent of the Senate; and
                    (B) may not be an employee of an agency or 
                department of the United States.
            (2) Compensation.--The Advisor shall be paid at a rate 
        specified by the President not to exceed the rate payable for 
        level V of the Executive Schedule under section 5136 of title 
        5, United States Code.
            (3) Qualifications.--The individual appointed as the 
        Advisor shall be a person who, as a result of the individual's 
        training, experience, and attainments, is well qualified--
                    (A) to analyze and interpret marine ecosystem 
                trends and all relevant information related to such 
                trends;
                    (B) to appraise programs and activities of the 
                Federal Government with consideration of the goals of 
                the National Ocean Policy; and
                    (C) to formulate and recommend actions and 
                decisions to promote marine ecosystem health.
    (b) Functions.--The Advisor shall--
            (1) advise the President on implementation of this Act, 
        activities of the Council on Ocean Stewardship, and other 
        matters relating to ocean waters, coastal waters, ocean 
        resources, and maintaining marine ecosystem health;
            (2) serve as the chairperson of the Council on Ocean 
        Stewardship;
            (3) lead efforts to coordinate Federal agency actions to 
        implement the National Ocean Policy;
            (4) establish a process, in consultation with the Council 
        on Ocean Stewardship, for resolving interagency disputes and 
        advise Federal agencies as requested regarding the 
        implementation of the National Ocean Policy; and
            (5) develop, issue, and revise as needed, the guidance 
        required under section 102(b)(2).
    (c) Staffing.--
            (1) Staff.--The Advisor may employ such staff as may be 
        necessary to carry out this section.
            (2) Uncompensated services.--The Advisor may accept, 
        utilize, and terminate voluntary and uncompensated services to 
        carry out this section.

SEC. 132. COUNCIL ON OCEAN STEWARDSHIP.

    There is established in the Executive Office of the President the 
Council on Ocean Stewardship (referred to in this subtitle as the 
``Council'').

SEC. 133. MEMBERSHIP OF COUNCIL ON OCEAN STEWARDSHIP.

    (a) Membership.--The Council shall be composed of at least 3 
members and not more than 5 members who shall be appointed by the 
President, by and with the advice and consent of the Senate.
    (b) Qualifications.--Each member of the Council shall be, as a 
result of training, experience, and attachments, exceptionally well 
qualified--
            (1) to analyze and interpret all types of oceanic and 
        atmospheric trends and information;
            (2) to appraise programs and activities of the Federal 
        Government in comparison with the National Ocean Policy;
            (3) to be conscious of and responsive to the scientific, 
        environmental, ecosystem, economic, social, aesthetic, and 
        cultural needs and interests of the United States; and
            (4) to formulate and recommend national policies to promote 
        the improvement and the quality of the ocean and atmospheric 
        environments, including as those environments relate to 
        practices on land.

SEC. 134. FUNCTIONS OF COUNCIL ON OCEAN STEWARDSHIP.

    (a) Coordination and Advice.--The Council--
            (1) shall coordinate oceanic and atmospheric activities 
        among the agencies and departments of the United States, 
        particularly focusing on the National Ocean Policy, while 
        minimizing duplication, including ensuring that other ocean-
        related agencies work together at the operation, program, and 
        research levels in cooperation with NOAA;
            (2) shall provide a forum for improving planning among such 
        agencies and departments, budget and program coordination, 
        administration, outreach, and cooperation on such programs and 
        activities;
            (3) shall ensure that such agencies and departments engaged 
        in oceanic 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 ecoregional boundaries;
            (4) shall review and evaluate the various programs and 
        activities of the Federal Government in light of the National 
        Ocean Policy 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 the 
        oceanic and atmospheric environment, including marine 
        ecosystems;
            (5) shall conduct an annual review and analysis of funding 
        proposed for oceanic and atmospheric research and management in 
        the budgets of such agencies and departments, and provide 
        budget recommendations to the President, the agencies, and the 
        Office of Management and Budget to carry out the National Ocean 
        Policy, improve coordination, cooperation, and effectiveness of 
        such activities, eliminate unnecessary overlap, and identify 
        areas of highest priority for funding and support;
            (6) shall identify progress made by oceanic and atmospheric 
        programs carried out by such agencies or departments toward 
        achieving the goals of--
                    (A) providing more effective protection and 
                restoration of marine ecosystems;
                    (B) improving predictions of climate change and 
                variability (weather), including their effects on 
                coastal communities and the Nation;
                    (C) improving the safety and efficiency of marine 
                operations;
                    (D) more effectively mitigating the effects of 
                natural hazards;
                    (E) reducing public health risks from oceanic and 
                atmospheric sources;
                    (F) ensuring sustainable use of resources; and
                    (G) improving national and homeland security;
            (7) shall promote efforts to increase and enhance 
        partnerships with States that border a coast or a Great Lake 
        and other non-Federal entities to support Regional Ocean 
        Partnerships and enhanced regional research, resource, hazards, 
        ecosystem-based management, education and outreach, and marine 
        ecosystem protection, maintenance, and restoration;
            (8) shall identify statutory and regulatory redundancies or 
        omissions and develop strategies to resolve conflicts, fill 
        gaps, and address new and emerging oceanic and atmospheric 
        issues for national and regional benefit;
            (9) shall emphasize the development and support of 
        partnerships among government agencies and nongovernmental 
        organizations, academia, and the private sector, including 
        regional partnerships;
            (10) shall expand research, education, and outreach efforts 
        by all Federal agencies undertaking oceanic and atmospheric 
        activities;
            (11) may establish a Federal Coordinating Committee on 
        Oceans, chaired by the Chair of the Council, to carry out the 
        coordination of oceanic and atmospheric programs and priorities 
        required under this title; and
            (12) may establish any other ocean-related committee the 
        Council determines to be appropriate.
    (b) Consultation.--In exercising its powers, functions, and duties 
under this subtitle, the Council shall--
            (1) consult with the Administrator and the Presidential 
        Panel of Advisers on Oceans and Climate established under 
        section 139 to ensure input from potentially affected States, 
        the public, and other stakeholders;
            (2) work in close consultation and cooperation with the 
        Council on Environmental Quality, the Office of Science and 
        Technology Policy, the Council of Economic Advisers, and other 
        offices within the Executive Office of the President;
            (3) utilize the expertise and coordinate the capabilities 
        of the Joint Subcommittee on Ocean Science and Technology of 
        the National Science and Technology Council and any ocean-
        related committees formed under the Council with respect to 
        oceanic and atmospheric science, technology, and education 
        matters, including development of a national research strategy; 
        and
            (4) utilize, to the fullest extent possible, the services, 
        facilities, and information (including statistical information) 
        of public and private agencies and organizations and 
        individuals, in order to avoid duplication of effort and 
        expense, and ensure that the Council's activities will not 
        unnecessarily overlap or conflict with similar activities 
        authorized by law and performed by the Administrator or the 
        head of any other agency or department of the United States.
    (c) Reviews and Reports.--The Council shall make and furnish such 
studies, reports, and recommendations with respect to matters of policy 
and legislation as the President may request.

SEC. 135. PERSONNEL OF COUNCIL ON OCEAN STEWARDSHIP.

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

SEC. 136. NATIONAL PRIORITIES FOR COORDINATION.

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

SEC. 137. COORDINATION PLAN.

    (a) Coordination Plan.--Not later than 2 years after the date of 
the enactment of this Act, the Council shall submit to Congress a plan 
for coordinating activities of each agency or department of the United 
States related to ocean waters that--
            (1) is consistent with the National Ocean Policy;
            (2) designates a lead Federal entity for each existing 
        activity and new activity in Federal waters and identifies a 
        process for coordination of such activity among such agencies 
        or departments;
            (3) identifies the process by which such agencies or 
        departments may coordinate with and participate in the Regional 
        Ocean Partnerships and establishes Federal regional ocean 
        partnership teams to participate in that process;
            (4) considers possible consolidation of oceanic or 
        atmospheric programs, functions, services, or resources within 
        or among such agencies or departments, if such consolidation 
        would not undermine the National Ocean Policy;
            (5) includes recommendations prepared for any resources or 
        new authorities that such agencies or departments may need to 
        implement the National Ocean Policy; and
            (6) includes recommendations regarding agency ocean budgets 
        and the sufficiency of such budgets to carry out the National 
        Ocean Policy.
    (b) Review and Update.--The Council shall review and update the 
coordination plan under this section as needed, but not less frequently 
than once every 6 years.

SEC. 138. BIENNIAL REPORT TO CONGRESS.

    (a) In General.--Not later than 18 months after the date of the 
enactment of this Act, and biennially thereafter, the President, 
through the Council, shall submit a report to Congress on Federal 
oceanic and atmospheric programs, priorities, and accomplishments, 
which shall include--
            (1) a comprehensive description of the oceanic and 
        atmospheric programs and accomplishments of all agencies of the 
        United States;
            (2) an evaluation of such programs and accomplishments in 
        terms of the National Ocean Policy and the national priorities 
        identified in section 136, which specifies the progress made 
        with respect to the goals set out in this title;
            (3) a report on progress in improving Federal, State, and 
        Regional Ocean Partnership coordination on ocean and 
        atmospheric activities, including coordination efforts required 
        under this Act;
            (4) an analysis of the Federal budget allocated to such 
        programs including estimates of the funding requirements of 
        each such agency for such programs during the succeeding 5 to 
        10 fiscal years;
            (5) recommendations for remedying deficiencies, and for 
        improving organization, effectiveness, and outreach of Federal 
        oceanic 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 submit the 
biennial report prepared pursuant to this section to the President of 
the Senate and the Speaker of the House of Representatives not later 
than December 31 of the year in which such report is due.
    (c) Agency Cooperation.--Each Federal agency shall cooperate by 
providing--
            (1) such data and information without cost as may be 
        requested by the Council for the purpose of this section; and
            (2) services and personnel on a cost reimbursable basis at 
        the request of the Chair of the Council for the purpose of 
        accomplishing the requirements of this section.

SEC. 139. PRESIDENTIAL PANEL OF ADVISERS ON OCEANS AND CLIMATE.

    (a) Establishment.--
            (1) In general.--The President shall establish a 
        Presidential Panel of Advisers on Oceans and Climate (referred 
        to in this section as the ``Presidential Panel'').
            (2) Purpose.--The purpose of the Presidential Panel shall 
        be--
                    (A) to advise and assist the President and the 
                Chair of the Ocean Stewardship Council in identifying 
                and fostering policies to protect, manage, and restore 
                oceanic and atmospheric environments and resources, on 
                a regional and national basis; and
                    (B) to undertake a continuing review, on a 
                selective basis, of priority issues relating to--
                            (i) national oceanic and atmospheric policy 
                        (including climate change);
                            (ii) conservation and management of ocean 
                        environments and resources; and
                            (iii) the status of the oceanic and 
                        atmospheric science and service programs of the 
                        United States.
    (b) Membership.--
            (1) In general.--The Presidential Panel shall include at 
        least 20 members appointed by the President, in consultation 
        with the National Ocean Advisor (who shall serve as an ex 
        officio member of the Presidential Panel)--
                    (A) who shall be appointed based on their knowledge 
                of and experience with coastal, ocean, and atmospheric 
                science, policy, and other related areas; and
                    (B) which shall include at least 1 representative 
                from--
                            (i) local governments;
                            (ii) Indian tribes;
                            (iii) the marine science research 
                        community;
                            (iv) the marine science education 
                        community;
                            (v) the commercial fishing sector;
                            (vi) the recreational fishing sector;
                            (vii) the energy development, the shipping 
                        and transportation, and the marine tourism 
                        industries;
                            (viii) agriculture, which may include 
                        timber;
                            (ix) watershed organizations (other than 
                        organizations represented under clause (x)), 
                        which may include resource conservation 
                        districts; and
                            (x) nongovernmental organizations (other 
                        than organizations represented under clause 
                        (ix)), including groups interested in marine 
                        conservation.
            (2) Chairperson.--The Chairperson of the Council on Ocean 
        Stewardship shall serve as co-chairperson of the Presidential 
        Panel with a non-Federal member designated by the President.
    (c) Appointment and Qualifications.--Each member of the 
Presidential Panel shall be appointed by the President for a 3-year 
term from among individuals with diverse perspectives and expertise in 
1 or more of the disciplines or fields associated with oceanic and 
atmospheric policy, including--
            (1) marine-related State, tribal, and local government 
        functions;
            (2) ocean and coastal resource conservation and management;
            (3) atmospheric or oceanic science, engineering, and 
        technology;
            (4) the marine industry (including recreation and tourism);
            (5) climate change;
            (6) atmospheric or coastal hazards; and
            (7) other fields appropriate for consideration of matters 
        of oceanic or atmospheric policy.
    (d) Vacancies.--An individual appointed to fill a vacancy occurring 
before the expiration of the term for which the individual's 
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 
the individual's successor takes office.
    (e) Compensation.--Each member of the Presidential Panel shall, 
while serving on business of the Commission, be entitled to receive 
compensation at a rate not to exceed a daily rate to be determined by 
the President consistent with other Federal advisory boards. Federal 
and State officials serving on the Commission and serving in their 
official capacity shall not receive compensation in addition to their 
Federal or State salaries for their time on the Commission. Members of 
the Presidential Panel may be compensated for reasonable travel 
expenses while performing their duties as members.
    (f) Meetings.--The Presidential Panel shall meet at least twice per 
year, or as prescribed by the President.
    (g) Reports.--
            (1) In general.--Beginning not later than the first June 30 
        that is at least 2 years after the date of the enactment of 
        this Act, the Presidential Panel shall submit an annual report 
        to the President and to 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 Congress.
            (2) Comment and review by council.--Each annual report 
        shall be submitted to the Chairperson of the Council on Ocean 
        Stewardship who, in consultation with the Administrator, not 
        later than 60 days after the receipt of such report, shall 
        submit the Chairperson's comments and recommendations to the 
        President and to Congress.

SEC. 140. CONSTRUCTION.

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

              TITLE II--REGIONAL COORDINATION AND PLANNING

SEC. 201. REGIONAL OCEAN COORDINATION.

    (a) In General.--The purpose of this title is to promote 
coordinated regional efforts to further the implementation of the 
National Ocean Policy through--
            (1) the designation of distinct ocean regions; and
            (2) the establishment of Regional Ocean Partnerships and 
        the development and implementation of regional ocean strategic 
        plans.
    (b) Objectives of Regional Efforts.--Regional efforts described in 
subsection (a) shall--
            (1) provide for more systematic communication, 
        coordination, and alignment of State and Federal governmental 
        authorities and programs with the size, scale, and 
        characteristics of regional marine ecosystems while recognizing 
        regional economic and social patterns;
            (2) build on and improve existing regional programs and 
        initiatives and foster the creation of new regional efforts in 
        areas where effective interstate and Federal cooperative 
        efforts are lacking;
            (3) provide for regional and subregional ocean assessments, 
        based on the best available science, to determine status and 
        trends and to provide the information needed to improve 
        management decisions;
            (4) identify shared Federal and State priority issues and 
        address such issues in a collaborative and coordinated way 
        based on existing legal authorities;
            (5) improve the integration of government efforts and 
        maximize government efficiency;
            (6) identify and provide data and information needed by the 
        Regional Ocean Partnerships; and
            (7) provide for opportunities for public input on regional 
        priorities and plans and for improved citizen and community 
        stewardship of ocean waters, coastal waters, and ocean 
        resources.
    (c) Regions.--
            (1) Designation.--There are hereby designated the following 
        ocean regions:
                    (A) The North Pacific Ocean Region, which shall 
                consist of the coastal zone and watershed areas of the 
                State of Alaska that have a significant impact on 
                coastal waters of the State of Alaska seaward to the 
                extent of the Exclusive Economic Zone.
                    (B) The Pacific Ocean Region, which shall consist 
                of the coastal zone and watershed areas of the States 
                that have a significant impact on coastal waters of the 
                States of Washington, Oregon, and California seaward to 
                the extent of the Exclusive Economic Zone.
                    (C) The Western Pacific Ocean Region, which shall 
                consist of the coastal zone of the States of Hawaii, 
                Guam, American Samoa, and the Northern Mariana Islands 
                seaward to the extent of the Exclusive Economic Zone.
                    (D) The Gulf of Mexico Ocean Region, which shall 
                consist of the coastal zone and watershed areas of the 
                States that have a significant impact on coastal waters 
                of the States of Texas, Louisiana, Mississippi, 
                Alabama, and Florida seaward to the extent of the 
                Exclusive Economic Zone.
                    (E) The Caribbean Ocean Region, which shall consist 
                of the coastal zone and watershed areas of the States 
                that have a significant impact on coastal waters of the 
                Commonwealth of Puerto Rico and the Virgin Islands 
                seaward to the extent of the Exclusive Economic Zone.
                    (F) The Southeast Atlantic Ocean Region, which 
                shall consist of the coastal zone and watershed areas 
                of the States that have a significant impact on coastal 
                waters of the States of Florida, Georgia, North 
                Carolina, and South Carolina seaward to the extent of 
                the Exclusive Economic Zone.
                    (G) The Northeast Atlantic Ocean Region, which 
                shall consist of the coastal zone and watershed areas 
                of the States that have a significant impact on coastal 
                waters of the States of Connecticut, Maine, 
                Massachusetts, New Hampshire, and Rhode Island seaward 
                to the extent of the Exclusive Economic Zone.
                    (H) The Mid-Atlantic Ocean Region, which shall 
                consist of the coastal zone and watershed areas of the 
                States that have a significant impact on coastal waters 
                of the States of Delaware, Maryland, New Jersey, New 
                York, Pennsylvania, and Virginia seaward to the extent 
                of the Exclusive Economic Zone.
                    (I) The Great Lakes Region, which shall consist of 
                the coastal zone and watershed areas of the States that 
                have a significant impact on coastal waters of the 
                States of Illinois, Indiana, Michigan, Minnesota, New 
                York, Ohio, Pennsylvania, and Wisconsin to the extent 
                of the territorial waters of the United States in the 
                Great Lakes.
            (2) Subregions.--Each Regional Ocean Partnership 
        established under section 202 may establish such subregions, or 
        geographically specified management areas, as necessary for 
        efficient and effective management of region-specific ecosystem 
        issues.
            (3) Coastal zone defined.--In this subsection, the term 
        ``coastal zone'' has the meaning given such term in section 304 
        of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).

SEC. 202. REGIONAL OCEAN PARTNERSHIPS.

    (a) In General.--
            (1) Establishment.--Not later than 1 year after the date of 
        the enactment of this Act, the Administrator, in consultation 
        with the Council on Ocean Stewardship and the appropriate 
        States, shall establish or designate a Regional Ocean 
        Partnership (referred to in this section as a ``Partnership'') 
        for each of the ocean regions established under section 201.
            (2) Functions.--Each Partnership shall, for the ocean 
        region for which it is established or designated--
                    (A) pursue the objectives set forth in section 
                201(b);
                    (B) further the implementation of the National 
                Ocean Policy; and
                    (C) develop and implement a Regional Ocean 
                Strategic Plan under section 203.
    (b) Existing Regional Efforts.--
            (1) In general.--For any ocean region for which a regional 
        ocean governance effort exists, the relevant coastal States 
        shall work with the Administrator to determine whether--
                    (A) the Partnership established or designated for 
                the ocean region should build upon and expand that 
                effort; or
                    (B) the Administrator should initiate a new effort.
            (2) Great lakes region.--For the Great Lakes Region, the 
        Regional Ocean Partnership shall build upon, rather than 
        duplicate or supercede, the efforts of the Great Lakes Regional 
        Collaboration established under Executive Order 13340 (69 Fed. 
        Reg. 29043; relating to the Great Lakes Interagency Task 
        Force).
    (c) Membership.--
            (1) Federal representatives.--Not later than 270 days after 
        the date of the enactment of this Act, the Council on Ocean 
        Stewardship shall designate the agencies and departments of the 
        United States that shall participate in each Partnership. Among 
        such agencies and departments designated for each Partnership, 
        the Council shall include such agencies and departments that 
        have expertise in ocean and coastal policy, oversee ocean and 
        coastal policy or resource management, or engage in activities 
        that significantly affect ocean waters, coastal waters, or 
        ocean resources. The head of each such agency or department 
        designated by the Council shall select and appoint officers or 
        employees of such agency or department to serve as 
        representatives to each Partnership. The Administrator, or 
        designated representative of the Administrator, shall serve as 
        the chairperson of each Partnership.
            (2) State representatives.--
                    (A) Coastal state representatives.--Subject to 
                subparagraph (C), the Governor of each coastal State 
                within each ocean region designated under section 
                201(c) shall--
                            (i) not later than 9 months after the date 
                        of the enactment of this Act, inform the 
                        Administrator if the State intends to 
                        participate in the Partnership for the ocean 
                        region; and
                            (ii) if the State intends to participate in 
                        such Partnership, not later than 1 year after 
                        the date of the enactment of this Act, appoint 
                        an officer or employee of the coastal State 
                        agency with primary responsibility for 
                        overseeing ocean and coastal policy or resource 
                        management to that Partnership.
                    (B) Noncoastal state appointments.--
                            (i) In general.--Not later than 9 months 
                        after the date of the enactment of this Act, 
                        the Governor of each noncoastal State within 
                        each ocean region designated under section 
                        201(c) shall notify the Administrator if the 
                        State seeks to participate in the Partnership 
                        for the ocean region. Subject to clause (ii), 
                        the Partnership for that region shall appoint 
                        to the Partnership 1 or more representatives of 
                        each noncoastal State that notifies the 
                        Administrator of its intent to participate in 
                        the Partnership.
                            (ii) Appointments for multiple noncoastal 
                        states.--If more than 1 noncoastal State 
                        notifies the Administrator under clause (i) 
                        that it seeks to participate in the Partnership 
                        for an ocean region--
                                    (I) the Partnership shall establish 
                                a process for nominating and appointing 
                                representatives under this 
                                subparagraph;
                                    (II) the total number of 
                                representatives appointed under this 
                                subparagraph for the Partnership may 
                                not exceed the number of coastal State 
                                representatives on the Partnership; and
                                    (III) in appointing representatives 
                                to the Partnership, the Partnership 
                                shall consider the relative impact on 
                                the ocean region for which the 
                                Partnership must prepare a Regional 
                                Ocean Strategic Plan of the waters 
                                under each such noncoastal State's 
                                jurisdiction that feed into the ocean 
                                region.
                    (C) North pacific regional ocean partnership.--The 
                Governor of the State of Washington--
                            (i) not later than 9 months after the date 
                        of the enactment of this Act, shall notify the 
                        Administrator if the State intends to 
                        participate in the North Pacific Regional Ocean 
                        Partnership; and
                            (ii) if such State intends to participate 
                        in such Partnership, not later than 1 year 
                        after the date of the enactment of this Act, 
                        shall appoint to such Partnership an officer or 
                        employee of the Washington State agency with 
                        primary responsibility for overseeing ocean and 
                        coastal policy or resource management.
            (3) Regional fishery management council representation.--
        The executive director of each Regional Fishery Management 
        Council with jurisdiction in the ocean region of a Partnership 
        and the executive director of the interstate marine fisheries 
        commission with jurisdiction in the ocean region of a 
        Partnership shall each serve as a member of the Partnership, 
        and shall be considered non-Federal representatives for the 
        purposes of paragraph (5)(A).
            (4) Local government representative.--Each Partnership 
        shall receive nominations and select 1 representative from a 
        coastal political subdivision to represent the interests of 
        local and county governments on the Partnership.
            (5) Additional appointments.--
                    (A) Balance.--Each Partnership shall--
                            (i) identify the total number of additional 
                        non-Federal representatives within the ocean 
                        region of the Partnership necessary to ensure 
                        that the combined number of non-Federal 
                        representatives on the Partnership equals the 
                        number of Federal representatives on the 
                        Partnership; and
                            (ii) identify a process for selecting such 
                        non-Federal representatives that, to the 
                        maximum extent practicable, assures balanced 
                        and broad non-Federal representation.
                    (B) International representatives.--In cooperation 
                with the Secretary of State, each Partnership may 
                foster nonbinding relationships with foreign 
                governments, agencies, States, provinces, and other 
                entities as appropriate, at scales appropriate to the 
                ocean region under the authority of the Partnership, 
                including by providing opportunities for participation 
                by foreign representatives at meetings of the 
                Partnership, its advisory committees, and other working 
                groups.
    (d) Steering Committee.--
            (1) In general.--Each Partnership may establish a Steering 
        Committee to provide leadership with respect to the development 
        and implementation of the Regional Ocean Strategic Plan under 
        section 203 and to ensure that the goals set forth in such 
        Regional Ocean Strategic Plan are being met within the time 
        lines established by that section.
            (2) Membership.--The Steering Committee shall include--
                    (A) 1 representative from each coastal State that 
                appoints a representative to the Partnership; and
                    (B) 1 representative from each of not more 3 
                Federal agencies or departments that have jurisdiction 
                over ocean or Great Lakes resources.
    (e) Advisory Committees.--
            (1) Authority.--Each Partnership may establish and appoint 
        members of advisory committees and working groups as necessary 
        for preparation and implementation of its Regional Ocean 
        Strategic Plan under this title.
            (2) Advice and input.--Each Partnership shall provide 
        opportunities for citizen and stakeholder input in the 
        development and implementation of its Regional Ocean Strategic 
        Plan.
    (f) Coordination.--
            (1) Existing programs.--Each Partnership shall build upon 
        and complement State, multistate, and regional capacity and 
        governance and institutional mechanisms to manage and protect 
        ocean waters, coastal waters, and ocean resources.
            (2) Inland regions.--Each Partnership shall collaborate and 
        coordinate, as necessary and appropriate, with noncoastal 
        States that may significantly impact marine ecosystem health in 
        the ocean region or the Partnership.
    (g) Procedures.--
            (1) In general.--Each Partnership shall operate in 
        accordance with procedures established by the Partnership and 
        approved by the Administrator.
            (2) Required procedures.--The Administrator shall prescribe 
        requirements for the approval of procedures under paragraph (1) 
        that provide, at a minimum, for--
                    (A) transparency in decision making;
                    (B) opportunities for public input and 
                participation; and
                    (C) the use of advisory committees that may be 
                established under subsection (e).
    (h) Staff.--
            (1) Hiring authority.--Each Partnership may hire such staff 
        as is necessary to perform the functions of the Partnership.
            (2) Treatment.--Staff hired by a Partnership shall be 
        treated as employees of the Administration, except for any 
        staff that are hired by participating States.
    (i) Federal Advisory Committee Act.--
            (1) In general.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to Partnerships, steering 
        committees, or any advisory committee established under this 
        title.
            (2) Compliance.--Notwithstanding paragraph (1), each 
        Partnership and each advisory committee of a Partnership shall 
        be appointed and operate in a manner consistent with all 
        provisions of the Federal Advisory Committee Act with respect 
        to--
                    (A) the balance of their membership;
                    (B) provision of public notice regarding their 
                activities;
                    (C) open meetings; and
                    (D) public access to documents created by the 
                Partnerships or advisory committees of the 
                Partnerships.

SEC. 203. REGIONAL OCEAN STRATEGIC PLANS.

    (a) Initial Ocean Region Assessment.--
            (1) In general.--The Administrator, in consultation with 
        the Regional Ocean Partnership for an ocean region and other 
        experts, shall, not later than 1 year after the date of the 
        establishment or designation of such Partnership, prepare an 
        initial assessment of the ocean region to guide the development 
        of the Regional Ocean Strategic Plan prepared for such ocean 
        region under subsection (b).
            (2) Contents.--Each initial assessment under paragraph (1) 
        shall include a summary of--
                    (A) the ocean region's marine ecosystem health, 
                culture, and economy;
                    (B) existing, emerging, and cumulative threats to 
                marine ecosystem health of the ocean region;
                    (C) indicators that measure marine ecosystem health 
                of the ocean region; and
                    (D) important ecological areas within the ocean 
                region.
            (3) Public participation.--The Administrator, in 
        consultation with the Regional Ocean Partnership, shall provide 
        opportunities for public input in the development of the 
        initial assessment and updates of the assessment under 
        subsection (c). Such opportunities shall include sharing the 
        latest science and local knowledge regarding the ocean region's 
        ocean waters, coastal waters, and ocean resources using annual 
        public ecosystem forums.
    (b) Regional Ocean Strategic Plan.--
            (1) Requirement.--Not later than 2 years after the 
        completion of the initial assessment for each ocean region, the 
        Regional Ocean Partnership shall prepare and submit, to the 
        Administrator for review, consultation, and approval, a 
        Regional Ocean Strategic Plan for adaptive, ecosystem-based 
        management of United States ocean waters, coastal waters, and 
        ocean resources for the ocean region of the Partnership in 
        accordance with the National Ocean Policy.
            (2) Contents.--Each Plan prepared by a Regional Ocean 
        Partnership under paragraph (1) shall--
                    (A) be based on the ocean region assessment 
                required under subsections (a) and (c);
                    (B) describe short-term and long-term goals for 
                improving marine ecosystem health in the ocean region 
                covered by the Plan;
                    (C) recommend long-term monitoring measures for 
                important ecological areas within the ocean region 
                covered by the Plan;
                    (D) identify Federal and State priority issues 
                within the ocean region covered by the Plan;
                    (E) describe ecosystem-based management solutions 
                and policies to address the priority issues;
                    (F) describe short-term and long-term indicators 
                for measuring improvements in economic sustainability 
                in the ocean region that result from improved 
                ecological conditions and improved collaboration and 
                coordination among Federal and State agencies;
                    (G) identify research, information, and data needed 
                to carry out the Plan;
                    (H) identify performance measures and benchmarks 
                for purposes of subparagraphs (B), (C), and (E) to be 
                used to evaluate the effectiveness of the Plan; and
                    (I) define responsibilities and include an analysis 
                of the gaps in authority, coordination, and resources, 
                including funding, which must be filled in order to 
                fully achieve the performance measures and benchmarks 
                identified under subparagraph (H).
            (3) Public participation.--Each Regional Ocean Partnership 
        shall provide adequate opportunities for public input during 
        the development of the Plan and any Plan revisions.
    (c) Updated Ocean Region Assessments.--Not later than 4 years after 
the approval of the Plan and at least once every 6 years thereafter, 
the Administrator, in consultation with the appropriate Regional Ocean 
Partnership and other experts, shall update the initial ocean region 
assessment prepared under subsection (a)--
            (1) to provide more detailed information regarding the 
        required elements of the assessment; and
            (2) to include any new information that has become 
        available.
    (d) Plan Revision.--Each approved Regional Ocean Strategic Plan 
shall be reviewed and revised by the relevant Regional Ocean 
Partnership at least once every 6 years. Such review and revision shall 
be based on a recently updated ocean region assessment. Any proposed 
revisions to the Plan shall be submitted to the Administrator for 
review and approval pursuant to this section.
    (e) Action by the Administrator.--
            (1) Review of plans.--
                    (A) Commencement of review.--Not later than 10 days 
                after the submission of a Regional Ocean Strategic 
                Plan, or any revision to such a Plan, by a Regional 
                Ocean Partnership, the Administrator shall commence a 
                review of the Plan or the revised Plan, respectively.
                    (B) Public notice and comment.--Immediately after 
                the receipt of such a Plan or revision, the 
                Administrator shall--
                            (i) publish the plan or revision in the 
                        Federal Register; and
                            (ii) provide an opportunity for the 
                        submission of public comment during the 60-day 
                        period beginning on the date of such 
                        publication.
                    (C) Requirements for approval.--The Administrator 
                shall not approve a plan, or any revision to a plan, 
                unless the Administrator determines that the plan or 
                revision--
                            (i) is consistent with the National Ocean 
                        Policy; and
                            (ii) adequately addresses the required 
                        elements described in subsection (b).
                    (D) Deadline for review.--Not later than 120 days 
                after the date on which a Plan, or a revision to a 
                Plan, is submitted, the Administrator shall approve or 
                disapprove the Plan or revision by written notice.
            (2) Regional information systems.--Not later than 1 year 
        after the date of the enactment of this Act, the Administrator, 
        in collaboration with marine laboratories and academic and 
        other relevant institutions, shall establish a network of 
        regional ocean ecosystem resource information systems for each 
        ocean region--
                    (A) to provide access to geophysical, atmospheric, 
                oceanographic, and marine biological data, including 
                genetic research, studies, data, maps, and analyses 
                necessary to the understanding of the ocean ecosystem;
                    (B) from which to draw information for the 
                establishment of policies and priorities related to the 
                conservation, use, and management of ocean waters, 
                coastal waters, and ocean resources; and
                    (C) to provide information regarding the 
                development and implementation of Plans under this 
                section.
    (f) Implementation.--Members of a Regional Ocean Partnership shall, 
to the maximum extent practicable, implement a Regional Ocean Strategic 
Plan that is prepared by the Partnership and approved by the 
Administrator under this section, consistent with existing legal 
authorities.

SEC. 204. REGULATIONS.

    The Administrator shall issue such regulations as the Administrator 
considers necessary to ensure proper administration of this title.

SEC. 205. OTHER AUTHORITY.

    This title may not be construed to supersede or diminish the 
authorities and responsibilities, under any other provision of law, of 
the Administrator or any other Federal, State, or tribal officer, 
employee, department, or agency.

           TITLE III--OCEAN SCIENCE, RESEARCH, AND EDUCATION

SEC. 301. COMMITTEE ON OCEAN SCIENCE, EDUCATION, AND OPERATIONS.

    (a) Committee.--The Administrator shall establish a Committee on 
Ocean Science, Education, and Operations (referred to in this title as 
the ``Committee'').
    (b) Membership.--The Committee shall be composed of the following 
members:
            (1) The Administrator.
            (2) The Director of the National Science Foundation.
            (3) The Administrator of the National Aeronautics and Space 
        Administration.
            (4) The Under Secretary of Energy
            (5) The Administrator of the Environmental Protection 
        Agency.
            (6) The Under Secretary of Homeland Security for Science 
        and Technology.
            (7) The Commandant of the Coast Guard.
            (8) The Director of the Office of Naval Research.
            (9) The Director of the United States Geological Survey.
            (10) The Director of the Minerals Management Service.
            (11) Under Secretary of Agriculture for Research, 
        Education, and Economics.
            (12) The Assistant Secretary of State for Oceans and 
        International Environmental and Scientific Affairs.
            (13) The Director of the Defense Advanced Research Projects 
        Agency.
            (14) The Director of the Office of Science and Technology 
        Policy.
            (15) The Director of the Office of Management and Budget.
            (16) The Under Secretary of Education.
            (17) The leadership of such other agency or department as 
        the chairperson and vice chairpersons of the Committee consider 
        appropriate.
    (c) Chairperson and Vice Chairpersons.--The chairperson and vice 
chairpersons of the Committee shall be appointed every 2 years by a 
selection subcommittee of the Committee composed of, at a minimum, the 
Administrator, the Director of the National Science Foundation, and the 
Director of the United States Geological Survey. The term of office of 
the chairperson and vice chairpersons shall be 2 years. A person who 
has previously served as chairperson or vice chairperson may be 
reappointed.
    (d) Responsibilities.--The Committee shall--
            (1) serve as a source of advice and support on scientific 
        research, technology, education, and operational matters, 
        including budgetary analyses;
            (2) improve cooperation among Federal departments and 
        agencies with respect to ocean and coastal science budgets;
            (3) review, update, and modify, as necessary the National 
        Ocean Research Priorities Plan and Implementation Strategy 
        referred to in section 302(a) and oversee the implementation of 
        such Strategy;
            (4) establish interagency subcommittees and working groups 
        as appropriate to develop comprehensive and balanced Federal 
        programs and approaches to ocean and coastal science issues and 
        needs;
            (5) consult with academic institutions, fisheries, States, 
        industries, foundations, and other partners in the conduct of 
        coastal and marine operations, research, and education, and 
        with actual and potential users of ocean science information in 
        establishing priorities and developing plans for research and 
        technology and education;
            (6) cooperate with the Secretary of State in--
                    (A) coordinating United States Government 
                activities with those of other nations and with 
                international research and technology and education; 
                and
                    (B) providing, as appropriate, support for and 
                representation on United States delegations to relevant 
                international meetings; and
            (7) carry out such other activities as may be required.

SEC. 302. NATIONAL OCEAN RESEARCH PRIORITIES PLAN AND IMPLEMENTATION 
              STRATEGY.

    (a) Review, Update, and Modify.--Not later than 2 years after the 
date of the enactment of this Act, and not less frequently than once 
every 5 years thereafter, the Committee shall review, update, and 
modify, as necessary, the National Ocean Research Priorities Plan and 
Implementation Strategy developed by the National Science and 
Technology Council's Joint Subcommittee on Ocean Science and Technology 
(referred to in this section as the ``Strategy''). The Committee shall 
ensure that the Strategy establishes, for the 10-year period beginning 
in the year the Strategy is submitted, the scientific goals and 
priorities for ocean and coastal research, technology, education, 
outreach, and operations which most effectively advance knowledge and 
provide usable information as the basis for policy decisions to--
            (1) understand, assess, and respond to human-induced and 
        natural processes of global climate change;
            (2) improve understanding, public forecasts, and warnings 
        and mitigate natural hazards;
            (3) enhance public safety and efficiency of marine 
        operations;
            (4) support efforts to protect, maintain, and restore the 
        health of marine ecosystems and to implement ecosystem-based 
        management of United States ocean waters, including how marine 
        ecosystems function on varying spatial and temporal scales and 
        how biological, physical, chemical, and socioeconomic processes 
        interact;
            (5) implement and monitor the effectiveness of ocean and 
        coastal environmental policies;
            (6) contribute to public understanding of coastal and 
        global ocean systems and public awareness of the importance and 
        health of marine ecosystems;
            (7) respond to environmental changes that affect human 
        health;
            (8) strengthen homeland security and military preparedness; 
        and
            (9) improve understanding of sea level changes, shoreline 
        erosion, and the condition of the beaches in the United States.
    (b) Content.--The Committee shall ensure that the Strategy--
            (1) describes specific activities required to achieve 
        established goals and priorities including research and 
        education programs, observation collection and analysis 
        requirements, technology development, facility and equipment 
        investments, information management, student support and 
        training, professional certification and training for persons 
        engaged in fishing and other maritime activities, data 
        stewardship and access, and participation in international 
        research and education and other capacity-building efforts;
            (2) identifies and addresses relevant programs and 
        activities of the Federal agencies and departments represented 
        on the Committee that will contribute to scientific goals and 
        priorities and set forth the role of each Federal agency and 
        department in implementing the strategy;
            (3) considers and uses, as appropriate, reports and studies 
        conducted by Federal agencies and departments, the National 
        Research Council, or other entities;
            (4) makes recommendations for the coordination of ocean and 
        coastal science activities of the United States with those of 
        other nations and international organizations, including 
        bilateral and multilateral proposals for cooperation on major 
        projects, for improving worldwide access to scientific data and 
        information, and for encouraging participation in international 
        ocean science research and education programs by developing 
        nations;
            (5) provides estimates, to the extent practicable, of 
        Federal funding for ocean and coastal science activities to be 
        conducted pursuant to the strategy; and
            (6) ensures the integrity of ocean and coastal science and 
        research.
    (c) Elements.--The Committee shall ensure that the Strategy 
includes the following elements:
            (1) Global measurements on all relevant spatial and time 
        scales, establishing worldwide observations necessary to study 
        and assess coastal and global ocean systems and support 
        information needs, including marine ecosystem health.
            (2) National ocean partnerships, building partnerships 
        among Federal agencies, academia, fishing industries, and other 
        members of the ocean and coastal science community in the areas 
        of research, education, data systems, and communication.
            (3) Marine science facility support, ensuring the 
        procurement, maintenance, and operation of the national 
        oceanographic research fleet and related infrastructure to 
        provide for sustained ocean and coastal observations from in 
        situ, remote, aircraft, and vessel platforms.
            (4) Focused research initiatives, funding competitive 
        research grants to advance understanding of the nature of and 
        interaction among physical, chemical, and biological processes 
        of the oceans, including the effect of human activities on such 
        processes.
            (5) Technology development, supporting development of new 
        technologies and sensors to achieve strategic and program 
        goals, and development of algorithms, analysis methods, and 
        long-term data records for emerging operational sensors.
            (6) Workforce development, building and maintaining a 
        diverse national ocean science professional workforce through 
        traineeships, scholarships, fellowships, and internships.
            (7) Ocean science education, providing national 
        coordination and support of formal and informal ocean science 
        education programs at all education levels and establishing 
        mechanisms to improve ocean literacy, contribute to public 
        awareness of the importance and health of marine ecosystems, 
        and create an oceans stewardship ethic among citizens.
            (8) Professional training, including certification and 
        continuing education programs, for persons engaged in the 
        harvest, handling, and processing of fish and seafood aboard 
        vessels to assure the highest levels of care are taken to 
        selectively harvest fish from the sea with the minimum impact 
        on habitat to handle fish onboard vessels with techniques that 
        assure the safety and highest quality of fish landed, and 
        improve the safety of vessels and their personnel at sea.
            (9) Information management, establishing and maintaining 
        information systems that promote efficient stewardship, 
        transfer, and use of data, create globally accessible data 
        standards and formats, and 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 academic, State, industry, fisheries, and 
environmental groups and representatives. Not later than 90 days before 
the chairperson of the Committee submits the strategy, or any revision 
of the strategy, to Congress, a summary of the proposed strategy shall 
be published in the Federal Register for a public comment period of not 
less than 60 days.

SEC. 303. OCEAN RESEARCH AND EDUCATION ADVISORY PANEL.

    (a) Membership.--The Committee shall maintain an Ocean Research and 
Education Advisory Panel (referred to in this section as the ``Advisory 
Panel'') consisting of not less than 10 members and not more than 18 
members appointed by the chair, including--
            (1) 1 member representing the National Academy of Sciences;
            (2) 1 member representing the National Academy of 
        Engineering;
            (3) 1 member representing the Institute of Medicine;
            (4) 1 Sea Grant director;
            (5) members selected from among individuals representing 
        ocean industries, State governments, tribal governments, 
        academia, fisheries, nongovernmental organizations, and such 
        other participants in ocean and coastal activities as the chair 
        considers appropriate;
            (6) members selected from among individuals eminent in the 
        fields of marine science, marine policy, ocean engineering, or 
        related fields; and
            (7) members selected from among individuals eminent in the 
        field of education.
    (b) Responsibilities.--The Advisory Panel shall advise the 
Committee on--
            (1) revision and implementation of the National Ocean 
        Priorities Plan and Implementation Strategy;
            (2) matters relating to national oceanographic data 
        requirements, ocean and coastal observation systems, ocean 
        science education and training, and oceanographic facilities 
        including renewal of the national academic research fleet; and
            (3) any additional matters that the Committee considers 
        appropriate.
    (c) Procedural Matters.--
            (1) Public meetings.--All meetings of the Advisory Panel 
        shall be open to the public, except that a meeting or any 
        portion of it may be closed to the public if it concerns 
        matters or information that pertain to national security, 
        employment matters, litigation, or other reasons provided under 
        section 552b of title 5, United States Code. Interested persons 
        shall be permitted to appear at open meetings and present oral 
        or written statements on the subject matter of the meeting. The 
        Advisory Panel may administer oaths or affirmations to any 
        person appearing before it.
            (2) Publication of meetings.--All open meetings of the 
        Advisory Panel shall be preceded by timely public notice in the 
        Federal Register of the time, place, and subject of the 
        meeting.
            (3) Minutes.--Minutes of each meeting shall be kept and 
        shall include a record of the people present, a description of 
        the discussion that occurred, and copies of all statements 
        filed. Subject to section 552 of title 5, United States Code, 
        the minutes and records of all meetings and other documents 
        that were made available to or prepared for the Advisory Panel 
        shall be available for public inspection and copying at a 
        single location in the partnership program office.
            (4) Disclosures.--
                    (A) Relationship to faca.--The Federal Advisory 
                Committee Act (5 U.S.C. App.) does not apply to the 
                Advisory Panel.
                    (B) Public availability.--Any product or 
                recommendation made by the Advisory Panel shall be made 
                available to the public and to Congress.
    (d) Funding.--The chair and vice chairs of the Committee annually 
shall make funds available to support the activities of the Advisory 
Panel.

SEC. 304. MARINE ECOSYSTEMS RESEARCH.

    (a) Ecosystem-Based Approaches.--The Administrator shall work with 
the Committee to identify research efforts for improving the 
implementation of this Act by informing ecosystem-based management 
efforts to protect, maintain, and restore marine ecosystem health.
    (b) Marine Biodiversity Research Program.--As part of this effort, 
the Administrator, in cooperation with the National Science Foundation 
and other Federal agencies represented on the Committee, shall 
establish and maintain a 10-year interagency research program to assess 
and explain the diversity, distribution, functions, and abundance of 
marine organisms in the world's oceans for the purposes of--
            (1) understanding the patterns, processes, and consequences 
        of changing marine biological diversity;
            (2) improving the linkages between marine ecological and 
        oceanographic sciences and informing ecosystem-based management 
        efforts so as to protect, maintain, and restore marine 
        ecosystem health;
            (3) strengthening and expanding the field of marine 
        taxonomy, including the use of genomics and proteomics;
            (4) facilitating and encouraging the use of new 
        technological advances, predictive models, and historical 
        perspectives to investigate marine biodiversity;
            (5) using new understanding gained through the program to 
        improve predictions of the impacts of human activities on the 
        health of the marine environment, and of the impacts of changes 
        in the marine environment on human well-being; and
            (6) enhancing formal and informal outreach and education 
        efforts through research-generated knowledge, information, and 
        tools.
    (c) Program Elements.--The research program established under this 
section shall provide for--
            (1) dynamic access to biological data through an ocean 
        biogeographic information system that links marine databases, 
        manages data generated by the program, and supports analysis of 
        biodiversity and related physical and ecological parameters;
            (2) integrated regional studies that focus on appropriate 
        scales to support ecosystem-based management;
            (3) improved biological sensors for ocean observing 
        systems;
            (4) investment in exploration and taxonomy to study little 
        known areas and describe new species;
            (5) studies of earlier changes in marine populations to 
        trace information on biological abundance, distribution, 
        function, and diversity to the earliest historical periods of 
        minimum human impact; and
            (6) improved predictive capability to enhance the 
        effectiveness of conservation and ecosystem-based management 
        programs and minimize adverse impacts of human activities and 
        natural processes on United States ocean waters.
    (d) Scientific Assessment.--The Administrator, through the 
Committee, shall prepare and submit to the President and the Congress a 
biennial assessment that--
            (1) integrates, evaluates, and interprets the findings of 
        the program and discusses the scientific uncertainties 
        associated with such findings; and
            (2) analyzes current trends in marine and coastal 
        ecosystems, both human-induced and natural, and projects major 
        trends, including marine ecosystem health, for the subsequent 
        decade.

SEC. 305. OCEAN ECOSYSTEM RESOURCE INFORMATION SYSTEMS.

    (a) Findings.--Congress makes the following findings:
            (1) Conservation and management of the United States ocean 
        waters requires an understanding of the ocean ecosystem in 
        order to make knowledgeable decisions regarding the uses of the 
        oceans, or extractions therefrom, and their effect on other 
        ocean uses and resources.
            (2) The United States Commission on Ocean Policy and the 
        President's Ocean Action Plan both call for ecosystem-based 
        management of the United States ocean waters.
            (3) Ecosystem-based management will require development of 
        an ocean information system and products representing 
        integration of data useful to management decisions. This 
        information includes terrestrial, aquatic, oceanographic, and 
        biological data to accomplish the following:
                    (A) Serve as a repository of existing information 
                and new research and data sets as they become 
                available.
                    (B) Help understand relationships of ocean and 
                ecosystem functions and factors affecting oceans and 
                their resources.
                    (C) Provide a foundation upon which to base 
                policies and decisions for conserving and managing the 
                Nation's ocean water and living marine resources.
                    (D) Identify gaps in the knowledge of the Nation's 
                oceans and living marine resources that may serve as a 
                guide in the development of new research priorities.
            (4) Information generated by ocean monitoring systems, 
        including the National Environmental Observatory Network 
        (NEON), will be more useful if fully integrated into resource 
        information systems developed for ecosystem-based management 
        applications. Data from these offshore monitoring programs, 
        coupled with other information on ocean and aquatic ecosystems, 
        will provide a basis for understanding natural and 
        anthropogenic environmental variability, including climate 
        change and the resulting impacts on living marine resources.
            (5) Natural resource information systems have been 
        developed and are presently a successful management tool for 
        terrestrial uses, including some Pacific Coast watersheds, and 
        they should now be applied to the aquatic environment to 
        facilitate ecosystem-based management of the United States 
        oceans.
    (b) Establishment.--
            (1) In general.--Not later than June 30, 2008, the 
        Administrator shall cause to be established a network of 
        regional Ocean Ecosystem Resource Information Systems to act as 
        an organized repository of geophysical, relevant atmospheric, 
        oceanographic, and marine biological data, including genetic 
        research, studies, data, maps, and analyses necessary to the 
        understanding of the ocean ecosystem, and from which to draw 
        information for the establishment of national policies and 
        priorities related to the conservation, use, and management of 
        the United States ocean waters and the marine resources 
        therein. The Administrator shall coordinate with current ocean 
        data acquisition and distribution systems, such as the National 
        Geospatial Data Clearinghouse, to avoid duplication.
            (2) Information included.--Information for inclusion in 
        each regional Ocean Ecosystem Resource Information System may 
        include--
                    (A) relevant historic or social science information 
                that may aid in the understanding of ocean ecosystems 
                or their management; or
                    (B) published and unpublished research, data, and 
                scientifically peer-reviewed analysis, developed by 
                State agencies, academic or scientific institutions, 
                fishermen's collaborative research programs, and any 
                other reliable and relevant information sources.
            (3) Requirement for peer review.--All analysis and 
        interpretations of data to explain ecosystem relationships in 
        any regional Ocean Ecosystem Resource Information System shall 
        be scientifically peer reviewed.
            (4) Authority to contract.--The Administrator may contract 
        with other Federal agencies, State agencies, nongovernmental 
        organizations, universities, or private academic institutions 
        for development of portions of each regional Ocean Ecosystem 
        Resource Information System, provided such work will be open 
        source and the end product will be solely the property of NOAA.
            (5) Schedule.--The Ocean Ecosystem Resource Information 
        Systems shall be established and in operation for each region 
        described in section 201(c) not later than January 1, 2012.
            (6) Availability.--The system shall be readily accessible 
        at no, or nominal, cost to Congress, all Federal agencies, the 
        States, academic and scientific institutions, and the public 
        through the Internet, libraries, and such other mediums as may 
        be appropriate and practical.
    (c) Required Regions.--Ocean Ecosystem Resource Information Systems 
shall be established for the each region described in section 201(c).
    (d) Coordination.--
            (1) In general.--The Administrator in the preparation of 
        the regional Ocean Ecosystem Resource Information Systems, 
        shall request the cooperation and coordination with the United 
        States Geological Survey, the United States Fish and Wildlife 
        Service, the Minerals Management Service, the United States 
        Environmental Protection Agency, the United States Coast Guard, 
        and the United States Navy, together with all NOAA agencies for 
        all unclassified information necessary for the development and 
        operation of the systems. The Administrator may request and 
        enter into cooperative agreements with States, universities, or 
        private academic institutions for access to information 
        necessary or useful for the development and operation of the 
        systems.
            (2) International agreements.--The Administrator may enter 
        into agreements with the Government of Canada, of Mexico, or of 
        Russia in the preparation of a regional Ocean Ecosystem 
        Resource Information System where an international border of 
        the United States or the coastal waters of the United States 
        abut such country or the territorial waters of such country, 
        for any information or data that may be necessary or useful in 
        the development and operation of such system.

SEC. 306. SUBCOMMITTEE ON OCEAN EDUCATION.

    (a) Membership.--The Committee shall establish a Subcommittee on 
Ocean Education (referred to in this section as the ``Subcommittee''). 
Each member of the Committee may designate a senior representative with 
expertise in education to serve on the Subcommittee. The Committee 
shall select a chair and 1 or more vice chairs for the Subcommittee 
from the membership of the Subcommittee.
    (b) Responsibilities.--The Subcommittee shall--
            (1) support and advise the Committee on matters related to 
        ocean and coastal education for the purpose of increasing the 
        overall effectiveness and productivity of Federal education and 
        outreach efforts;
            (2) provide recommendations on education goals and 
        priorities for and implementation of the revised National Ocean 
        Priorities Plan and Implementation Strategy developed under 
        section 302 and guidance for educational investments;
            (3) coordinate Federal ocean, coastal, and watershed 
        education activities for students, including funding for 
        educational opportunities at the undergraduate, graduate, and 
        postdoctoral levels;
            (4) identify and work to establish linkages among Federal 
        programs, such as the National Sea Grant College Program, and 
        those of States, academic institutions, State Sea Grant 
        programs, museums and aquaria, industry, foundations, and other 
        nongovernmental organizations;
            (5) support existing marine, coastal, and Great Lakes 
        education and outreach programs, including those at the State, 
        regional, and local levels;
            (6) facilitate Federal agency efforts to work with 
        minority-serving institutions, historically Black colleges and 
        universities, and traditionally majority-serving institutions 
        to ensure that students of underrepresented groups have access 
        to and support for pursuing ocean-related careers;
            (7) promote the establishment of professional 
        certification, training, and continuing education programs for 
        persons engaged in fishing or other maritime activities, 
        including partnerships with academic or nongovernmental 
        organizations to carry out such programs;
            (8) lead development of effective national strategies with 
        common perspectives and messages for formal and informal ocean 
        and coastal education efforts; and
            (9) carry out such other activities as the Committee may 
        request.

SEC. 307. OCEAN AND COASTAL EDUCATION PROGRAM.

    (a) Establishment.--Consistent with the revised National Ocean 
Priorities Plan and Implementation Strategy, the Committee, through the 
Subcommittee, shall establish a national, interagency ocean and coastal 
education program to improve public awareness, understanding, and 
appreciation of the role of the oceans in meeting the economic, social, 
and environmental needs of the United States. To the extent 
practicable, the interagency program shall utilize and build from 
existing Federal programs and mechanisms for ocean and coastal outreach 
and education at the State, regional, and local levels.
    (b) Scope.--The national, interagency ocean, and coastal education 
program shall include formal education activities for elementary, 
secondary, undergraduate, graduate, and postdoctoral students, 
continuing education activities for adults, and informal education 
activities for learners of all ages.
    (c) Elements.--The ocean and coastal education program shall use 
existing interesting science programs and other appropriate mechanisms 
and shall, at a minimum, provide sustained funding for the following:
            (1) A national network of centers for ocean science 
        education excellence to improve the acquisition of knowledge by 
        students at all levels.
            (2) The National Sea Grant College Program's education and 
        outreach efforts.
            (3) A regional education network to support academic 
        competition and experiential learning opportunities for 
        elementary and secondary school students.
            (4) Teacher enrichment programs that provide for 
        participation in research expeditions, voyages of exploration, 
        and the conduct of scientific research.
            (5) Development of model instructional programs for 
        students at all levels.
            (6) Student training and support to provide diverse ocean-
        related education opportunities at the undergraduate, graduate, 
        and postdoctoral levels.
            (7) Mentoring programs and partnerships with minority-
        serving institutions to ensure diversity in the ocean and 
        coastal workforce.
            (8) A network of regional facilities, operated by 
        nongovernmental organizations or academic institutions that 
        provide training and continuing education for persons engaged 
        in fishing or other maritime activities, including 
        establishment of criteria for professional certification 
        programs in consultation with the fishing industry.
            (9) Dissemination of ocean and coastal information that is 
        relevant for a wider public audience.

SEC. 308. OCEAN SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM.

    (a) Establishment.--
            (1) In general.--The Committee shall establish a National 
        Ocean Science and Technology Scholarship Program (referred to 
        in this section as the ``Program'') that is designed to recruit 
        and prepare students for careers in the departments or agencies 
        that are represented on the Committee (referred to in this 
        section as ``participating agencies''). The Program shall award 
        scholarships to individuals who are selected through a 
        competitive process primarily on the basis of academic merit, 
        with consideration given to financial need and the goal of 
        promoting the participation of individuals identified in 
        section 33 or 34 of the Science and Engineering Equal 
        Opportunities Act (42 U.S.C. 1885a and 1885b).
            (2) Contractual agreements.--To carry out the Program, 
        participating agencies shall enter into contractual agreements 
        with individuals selected under paragraph (1) under which the 
        individuals agree to serve as full-time employees of the 
        participating agency, for the period of time to be determined 
        by the participating agency, and stated in the contractual 
        agreements, in positions needed by the participating agency and 
        for which the individuals are qualified, in exchange for 
        receiving a scholarship.
    (b) Eligibility Criteria.--In order to be eligible to participate 
in the Program, an individual must--
            (1) be enrolled or accepted for enrollment as a full-time 
        student at an institution of higher education (as defined in 
        section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1001(a))) in an academic field or discipline described in the 
        list made available under subsection (c);
            (2) be a citizen of the United States; and
            (3) at the time of the initial scholarship award, not be an 
        employee of the department or agency providing the award.
    (c) Program Listing.--The Committee shall make publicly available a 
list of academic programs and fields of study for which scholarships 
under the Program may be used, and shall update the list as necessary.
    (d) Application.--An individual seeking a scholarship under this 
section shall submit an application to a participating agency at such 
time, in such manner, and containing such information, agreements, or 
assurances as the participating agency may require.
    (e) Scholarship Limits.--
            (1) Academic requirements.--The participating agency may 
        provide a scholarship under the Program for an academic year if 
        the individual applying for the scholarship has submitted to 
        the participating agency, as part of the application required 
        under subsection (d), a proposed academic program leading to a 
        degree in a program or field of study on the list made 
        available under subsection (c).
            (2) Time limitation.--An individual may not receive a 
        scholarship under this section for more than 4 academic years, 
        unless the participating agency grants a waiver.
            (3) Dollar limitation.--The dollar amount of a scholarship 
        under this section for an academic year shall be established by 
        regulation but may not exceed the cost of attendance as such 
        cost is determined in section 472 of the Higher Education Act 
        of 1965 (20 U.S.C. 1087ll).
            (4) Use of funds.--A scholarship provided under this 
        section may be expended for tuition, fees, and other authorized 
        expenses as established by regulation.
            (5) Contractual agreement.--The participating agency may 
        enter into a contractual agreement with an institution of 
        higher education under which the amounts provided for a 
        scholarship under this section for tuition, fees, and other 
        authorized expenses are paid directly to the institution with 
        respect to which the scholarship is provided.
    (f) Period of Service.--
            (1) In general.--The period of service for which an 
        individual shall be obligated to serve as an employee of the 
        participating agency, except as provided in subsection (h)(2), 
        shall be determined by the participating agency as stated in 
        subsection (a)(2).
            (2) Start of service.--Except as provided in paragraph (3), 
        obligated service under paragraph (1) shall begin not later 
        than 60 days after the individual obtains the educational 
        degree for which the scholarship was provided.
            (3) Deferral.--The participating agency may defer the 
        obligation of an individual to provide a period of service 
        under paragraph (1) if the participating agency determines that 
        such a deferral is appropriate. The Administrator shall 
        prescribe the terms and conditions under which a service 
        obligation may be deferred through regulation.
    (g) Repayment.--
            (1) Requirement.--Scholarship recipients who fail to 
        maintain a high level of academic standing, as defined by the 
        participating agency by regulation, who are dismissed from 
        their educational institutions for disciplinary reasons, or who 
        voluntarily terminate academic training before graduation from 
        the educational program for which the scholarship was awarded, 
        shall be in breach of their contractual agreement and, in lieu 
        of any service obligation arising under such agreement, shall 
        be liable to the United States for repayment within 1 year 
        after the date of default of all scholarship funds paid to them 
        and to the institution of higher education on their behalf 
        under the agreement, except as provided in subsection (h). The 
        repayment period may be extended by the participating agency 
        when determined to be necessary.
            (2) Failure to complete service requirement.--Scholarship 
        recipients who, for any reason, fail to begin or complete their 
        service obligation after completion of academic training, or 
        fail to comply with the terms and conditions of deferment 
        established by the participating agency pursuant to subsection 
        (f)(3), shall be in breach of their contractual agreement. When 
        recipients breach their agreements for the reasons stated in 
        the preceding sentence, the recipient shall be liable to the 
        United States for an amount equal to--
                    (A) the total amount of scholarships received by 
                such individual under this section; plus
                    (B) the interest that would have been accrued if 
                such amount was treated as a loan bearing interest at 
                the maximum legal prevailing rate, as determined by the 
                Treasurer of the United States, multiplied by 3.
    (h) Cancellation or Waiver.--
            (1) Cancellation.--Any obligation of an individual incurred 
        under the Program (or a contractual agreement under the 
        Program) for service or payment shall be canceled upon the 
        death of the individual.
            (2) Waiver.--The participating agency shall by regulation 
        provide for the partial or total waiver or suspension of any 
        obligation of service or payment incurred by an individual 
        under the Program (or a contractual agreement under the 
        Program) whenever compliance by the individual is impossible or 
        would involve extreme hardship to the individual, or if 
        enforcement of such obligation with respect to the individual 
        would be contrary to the best interests of the Government.

SEC. 309. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OFFICE OF 
              EDUCATION.

    (a) In General.--The Administrator shall conduct, develop, support, 
promote, and coordinate national education activities described in 
section 307 that enhance public awareness and understanding of the 
science, service, and stewardship missions of NOAA. In planning 
activities under this section, the Administrator shall consult with the 
Subcommittee and build upon the educational programs and activities of 
the National Sea Grant College Program, the National Marine Sanctuaries 
Program, the National Estuarine Research Reserve System, and Coastal 
Zone Management programs. Authorized activities shall include education 
of the general public, teachers, students at all levels, and ocean and 
coastal managers and stakeholders. In carrying out educational 
activities, the Administrator may enter into grants, contracts, 
cooperative agreements, resource sharing agreements, or interagency 
financing with Federal, State, and regional agencies, tribes, 
commercial organizations, educational institutions, nonprofit 
organizations, or other persons.
    (b) Establishment.--The Administrator shall establish within NOAA 
an Office of Education to provide interagency and intra-agency 
coordination of the education activities of NOAA and to ensure full 
participation in the ocean and coastal education program established 
under section 307. The Office of Education shall promote and provide 
oversight of agency education activities and shall--
            (1) integrate agency science into high-quality educational 
        materials;
            (2) improve access to NOAA educational resources;
            (3) support educator professional development programs to 
        improve understanding and use of agency sciences;
            (4) promote participation in agency-related sciences and 
        careers, particularly by members of underrepresented groups;
            (5) leverage partnerships to enhance formal and informal 
        environmental science education;
            (6) build capability within the agency for educational 
        excellence;
            (7) create and implement effective approaches to 
        disseminate agency products and ocean information to the 
        general public; and
            (8) encourage public involvement in coastal and ocean 
        stewardship.
    (c) Educational Partnership Program.--The Administrator shall 
establish an educational partnership with minority-serving institutions 
to provide support for cooperative science centers, an environmental 
entrepreneurship program, a graduate sciences program, and an 
undergraduate scholarship program.

SEC. 310. NATIONAL OCEAN AWARENESS MEDIA CAMPAIGN.

    (a) In General.--The Administrator shall conduct a national media 
campaign in accordance with this section for the purpose of increasing 
public awareness and interest in the oceans, through mass media 
advertising.
    (b) Coordination With State, Regional, and Local Efforts.--To the 
extent practicable, the campaign referred to in subsection (a) shall be 
conducted in a manner to coordinate with existing State, regional, and 
local education efforts.
    (c) Use of Funds.--
            (1) In general.--Amounts made available to carry out the 
        campaign referred to in subsection (a) may only be used for--
                    (A) the purchase media time or space;
                    (B) creative and talent costs;
                    (C) advertising production costs;
                    (D) testing and evaluation of advertising;
                    (E) evaluation of the effectiveness of the media 
                campaign;
                    (F) the negotiated fees for the winning bidder on 
                requests for proposals issued either by the 
                Administrator or a designee for purposes otherwise 
                authorized in this section;
                    (G) partnerships with community, civic, and 
                professional groups and government organizations 
                related to the media campaign;
                    (H) entertainment industry outreach, interactive 
                outreach, media projects and activities, public 
                information, news media outreach, and corporate 
                sponsorship and participation; and
                    (I) operational and management expenses.
            (2) Specific requirements.--
                    (A) Creative services.--In using amounts for 
                creative and talent costs under paragraph (1)(B), the 
                Administrator shall use creative services donated at no 
                cost to the Government wherever feasible and may only 
                procure creative services for advertising--
                            (i) responding to high-priority or emergent 
                        campaign needs that cannot timely be obtained 
                        at no cost; or
                            (ii) intended to reach a minority, ethnic, 
                        or other special audience that cannot 
                        reasonably be obtained at no cost.
                    (B) Testing and evaluation of advertising.--In 
                using amounts for testing and evaluation of advertising 
                under paragraph (1)(D), the Administrator shall test 
                all advertisements prior to use in the media campaign 
                to ensure that the advertisements are effective and 
                meet industry-accepted standards. The Administrator may 
                waive this requirement for advertisements using no more 
                than 10 percent of the purchase of advertising time 
                purchased under this section in a fiscal year and no 
                more than 10 percent of the advertising space purchased 
                under this section in a fiscal year, if the 
                advertisements respond to emergent and time-sensitive 
                campaign needs or the advertisements will not be widely 
                utilized in the media campaign.
                    (C) Evaluation of effectiveness of media 
                campaign.--In using amounts for the evaluation of the 
                effectiveness of the media campaign under paragraph 
                (1)(E), the Administrator shall--
                            (i) designate an independent entity to 
                        evaluate annually the effectiveness of the 
                        national media campaign based on data from--
                                    (I) public feedback; and
                                    (II) other relevant studies or 
                                publications, as determined by the 
                                Administrator, including tracking and 
                                evaluation data collected according to 
                                marketing and advertising industry 
                                standards; and
                            (ii) ensure that the effectiveness of the 
                        media campaign is evaluated in a manner that 
                        enables consideration of whether the media 
                        campaign has contributed to increasing the 
                        ocean literacy of the public and such other 
                        measures of evaluation as the Director 
                        determines are appropriate.
            (3) Purchase of advertising time and space.--For each 
        fiscal year, not less than 77 percent of the amounts made 
        available to carry out this section shall be used for the 
        purchase of advertising time and space for the media campaign.
    (d) Advertising.--In carrying out this section, the Administrator 
shall devote sufficient funds to the advertising portion of the 
national media campaign to meet the goals of the campaign.
    (e) Prohibitions.--None of the amounts made available to carry out 
this section may be obligated or expended--
            (1) to supplant current oceans community-based coalitions;
            (2) to supplant pro bono public service time donated by 
        national and local broadcasting networks for other public 
        service campaigns;
            (3) for partisan political purposes, or express advocacy in 
        support of or to defeat any clearly identified candidate, 
        clearly identified ballot initiative, or clearly identified 
        legislative or regulatory proposal;
            (4) to fund advertising that features any elected 
        officials, persons seeking elected office, cabinet level 
        officials, or other Federal officials described in schedule C 
        of part 213 of title 5, Code of Federal Regulations (or any 
        similar successor regulation);
            (5) to fund advertising that does not contain a primary 
        message intended to increase awareness and promote the 
        protection, maintenance, and restoration of marine ecosystem 
        health; or
            (6) to fund advertising containing a primary message 
        intended to promote support for the media campaign or private 
        sector contributions to the media campaign.
    (f) Financial and Performance Accountability.--The Administrator 
shall cause to be performed--
            (1) audits and reviews of costs of the media campaign 
        pursuant to section 304C of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 254d); and
            (2) an audit of the cost of the media campaign described in 
        section 306 of such Act (41 U.S.C. 256).
    (g) Strategic Advisor.--
            (1) In general.--The Administrator shall select a primary 
        outside strategic advisor for the media campaign to be 
        responsible for coordinating donations of creative and other 
        services to the campaign, except with respect to advertising 
        created using funds permitted in subsection (c).
            (2) Selection.--The Administrator shall select the 
        strategic advisor based solely on merit and the demonstrated 
        success and experience of the candidates. The Administrator may 
        consider the National Marine Sanctuaries Foundation, the 
        National Fish and Wildlife Foundation, or any other entity for 
        the strategic advisor.
            (3) Role of strategic advisor.--The Administrator shall 
        inform the advisor of the strategic goals of the campaign and 
        consider such advice of the selected advisor on media campaign 
        strategy.
    (h) Annual Report.--The Administrator shall submit to Congress an 
annual report that describes--
            (1) the strategy of the media campaign and whether specific 
        objectives of the media campaign were accomplished;
            (2) steps taken to ensure that the media campaign operates 
        in an effective and efficient manner consistent with the 
        overall strategy and focus of the media campaign;
            (3) plans to purchase advertising time and space;
            (4) policies and practices implemented to ensure that 
        Federal funds are used responsibly to purchase advertising time 
        and space and eliminate the potential for waste, fraud, and 
        abuse; and
            (5) all contracts entered into with a corporation, 
        partnership, or individual working on behalf of the media 
        campaign.
    (i) Local Target Requirement.--The Administrator shall, to the 
maximum extent feasible, use amounts made available to carry out this 
section for media that focuses on, or includes specific information on, 
prevention or treatment resources for consumers within specific local 
areas.

      TITLE IV--OCEAN AND GREAT LAKES CONSERVATION TRUST FUND AND 
                    AUTHORIZATION OF APPROPRIATIONS

SEC. 401. OCEAN AND GREAT LAKES CONSERVATION TRUST FUND.

    (a) Establishment.--
            (1) In general.--There is established in the Treasury of 
        the United States a fund which shall be known as the ``Ocean 
        and Great Lakes Conservation Trust Fund'' (referred to in this 
        section as the ``Fund''). For each fiscal year beginning after 
        the date of the enactment of this Act, the Secretary of the 
        Treasury shall deposit into the Fund the following amounts:
                    (A) Offshore uses.--Amounts received for the 
                payments described in paragraph (2).
                    (B) Healthy ocean stamp.--Amounts received by the 
                United States from the sale of a Healthy Ocean Stamp 
                under section 406.
                    (C) Amounts not disbursed.--Amounts that were 
                appropriated to carry out section 402 but not disbursed 
                for such purpose during such fiscal year.
                    (D) Interest.--All interest earned pursuant to 
                subsection (b).
            (2) Lease payments.--The Administrator shall establish by 
        rule, in consultation with the Council on Ocean Stewardship, 
        appropriate forms of payment for any permit or authorization 
        granted for wind, wave, and tidal energy, bioprospecting, 
        carbon sequestration, ecosystem services, and other emerging 
        activities in Federal waters excluding fishing and mineral, 
        oil, natural gas, or methane hydrate leasing, exploration, 
        development, or production. Such payments must be derived only 
        from activities consistent with the National Ocean Policy and 
        may include fees, rents, royalties, cash bonus payments, or 
        other payments.
    (b) Interest.--The Secretary of the Treasury shall invest amounts 
in the Fund (including interest) in public debt securities with 
maturities suitable to the needs of the Fund, as determined by the 
Secretary of the Treasury, and bearing interest at rates determined by 
the Secretary of the Treasury, taking into consideration current market 
yields on outstanding marketable obligations of the United States of 
comparable maturity. Such invested amounts shall remain invested until 
needed to meet requirements for disbursement for the programs financed 
under this Act.
    (c) Use of Fund.--The Administrator may use amounts available in 
the Fund to supplement appropriations made pursuant to the 
authorization of appropriation in section 410.

SEC. 402. PAYMENTS TO STATES.

    (a) In General.--The Administrator shall make payments to those 
coastal States that are eligible for funding under section 403, subject 
to the availability of appropriations under section 410. The total of 
the amount paid each fiscal year to States included in an ocean region 
described under section 201(c) may not exceed the amount allocated for 
such ocean region for that fiscal year under section 405.
    (b) Report Requirement.--No payment shall be made to any State 
under this section until the State has--
            (1) agreed to provide such reports to the Administrator, in 
        such form and containing such information, as may be reasonably 
        necessary to enable the Administrator to perform the duties of 
        the Administrator under this title; and
            (2) adopted such fiscal control and fund accounting 
        procedures as may be necessary to assure proper disbursement 
        and accounting for Federal revenues paid to the State under 
        this title.
    (c) Unexpended Funds.--At the end of each fiscal year, the 
Administrator shall deposit in the Fund established in section 401(a) 
any amount appropriated pursuant to an authorization of appropriations 
in section 410 but not disbursed to a State under this section.

SEC. 403. ELIGIBILITY FOR FUNDING.

    (a) Eligibility of State.--A State shall not be eligible to receive 
funds under section 402 unless the Administrator, in consultation with 
the appropriate Regional Ocean Partnership, determines that the State 
is participating actively and sufficiently in the development and 
implementation of the appropriate Regional Ocean Strategic Plan under 
section 203.
    (b) Eligible Purposes.--A State that receives funds under this 
title may only use such funds for purposes of fulfilling the State's 
obligations and responsibilities--
            (1) to provide assistance to the Administrator in 
        conducting the initial ocean region assessment under section 
        203(a) until such assessment is complete in accordance with an 
        approved spending plan referred to in section 404(c)(2);
            (2) to develop a Regional Ocean Strategic Plan under 
        section 203(b) until such Plan is complete, in accordance with 
        such an approved spending plan;
            (3) to implement a Regional Ocean Strategic Plan approved 
        under section 203(e) in accordance with such an approved 
        spending plan; and
            (4) to implement other regional efforts to carry out the 
        National Ocean Policy during the 3-year period beginning on the 
        date of the designation or establishment of the appropriate 
        Regional Ocean Partnership, in accordance with the applications 
        approved under section 404(c).

SEC. 404. FUNDING PROCEDURES.

    (a) Application.--Each State seeking funding under this title shall 
submit to the Administrator an application for such funds. Such 
applications shall be developed in coordination with all coastal 
agencies for that State and existing federally approved coastal 
management programs.
    (b) Approval.--The Administrator shall approve an application 
submitted by a State under subsection (a) if, in consultation with the 
Regional Ocean Partnership, the Administrator--
            (1) certifies that the State is eligible for funding under 
        section 403(a);
            (2) finds that the activities proposed in the application 
        are part of an approved spending plan submitted by the relevant 
        Regional Ocean Partnership under subsection (c); and
            (3) ensures that previous payments under this title made to 
        the State and coastal political subdivisions in the State were 
        used in accordance with section 403(b).
    (c) Spending Plans, Budgets, and Other Regional Efforts.--
            (1) Spending plan for implementing regional ocean strategic 
        plans.--Each Regional Ocean Partnership that has participating 
        States that are seeking funding under section 402 shall submit 
        to the Administrator a spending plan for such States for each 
        fiscal year. The total funds requested in the spending plan 
        shall not exceed the amount allocated to the Region by the 
        Administrator under section 405 for that fiscal year. In 
        addition to such other requirements as the Administrator by 
        regulation shall prescribe, each spending plan shall include--
                    (A) a list of the States participating in the 
                Regional Ocean Partnership;
                    (B) the name of the State agency for each State 
                listed in subparagraph (A) that will have the authority 
                to represent and act for the State in dealing with the 
                Administrator for purposes of this title;
                    (C) a description of how funds provided under this 
                title will be used by each participating State to 
                implement the Regional Ocean Strategic Plan; and
                    (D) certification by the governor of each 
                participating State that all the funds provided under 
                this title to the State or a political subdivisions of 
                the State shall be used for a purpose described in 
                section 403(b) and in a manner consistent with carrying 
                out the National Ocean Policy.
            (2) Budgets for developing regional ocean strategic plans 
        and assisting with initial regional ocean assessments.--Each 
        Regional Ocean Partnership with participating States that are 
        seeking funding under section 402 shall submit an annual budget 
        for approval by the Administrator identifying--
                    (A) a list of the States participating in the 
                Regional Ocean Partnership;
                    (B) the name of the State agency for each State 
                listed in subparagraph (A) that will have the authority 
                to represent and act for the State in dealing with the 
                Administrator for purposes of this title; and
                    (C) the costs under subsection (a) or (b) of 
                section 203 that require financial support from the 
                Administrator.
            (3) Other regional efforts.--Each coastal State seeking 
        funding for other regional efforts under section 403(b)(4) 
        shall submit an application for approval by the Administrator 
        that includes the following:
                    (A) The name of the State agency that will have the 
                authority to represent and act for the State in dealing 
                with the Administrator for purposes of this subsection.
                    (B) A description of how funds provided pursuant to 
                this subsection will be used for activities that 
                further the implementation of the National Ocean 
                Policy.
                    (C) Certification by the Governor of the State that 
                all the funds provided pursuant to this subsection to 
                the State will be used in a manner consistent with the 
                National Ocean policy.
            (4) Limitation on other uses.--Not more than 50 percent of 
        amounts paid to a State from amounts appropriated pursuant to 
        the authorization of appropriations in section 410(a)(1)(A) may 
        be used by the State to implement other regional ocean 
        governance efforts that further the implementation of the 
        National Ocean Policy as described in the application referred 
        to in paragraph (3).
    (d) Procedure and Timing; Revisions.--The Administrator shall 
approve or disapprove in accordance with this subsection each spending 
plan submitted under subsection (b)(1). If a Regional Ocean Partnership 
first submits a plan by not later than 90 days before the beginning of 
the first fiscal year to which the plan applies, the Administrator 
shall approve or disapprove the plan by not later than 30 days before 
the beginning of that fiscal year.
    (e) Spending Plan Amendment or Revision.--Any amendment to or 
revision of the spending plan shall be prepared in accordance with the 
requirements of this section and shall be submitted to the 
Administrator for approval or disapproval. Any such amendment or 
revision shall take effect only for fiscal years after the fiscal year 
in which the amendment or revision is approved by the Administrator.
    (f) Public Comment.--Before approving or disapproving a spending 
plan, or an amendment or revision to such a plan, the Administrator 
shall provide for public comment on the proposed expenditures in the 
spending plan for the forthcoming year.
    (g) Time of Payment.--Payments to States under this title shall be 
made not later than December 31 of each year from appropriations made 
during the immediately preceding fiscal year.

SEC. 405. EQUITABLE ALLOCATION.

    (a) Maximum Amount Available to Each Ocean Region.--Of the amounts 
authorized to be appropriated by section 410, the Administrator shall 
determine and allocate to each ocean region described in section 201(c) 
the maximum amount of funds that the Administrator may grant under this 
title for use in that region, based on the following weighted formula:
            (1) 35 percent of such amount shall be determined based on 
        the ratio of the shoreline miles (as that term is used in the 
        Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.)) 
        of the ocean region to the shoreline miles of all ocean 
        regions.
            (2) 65 percent of such amount shall be determined based on 
        the ratio of the coastal population density of the ocean region 
        to the coastal population density of all ocean regions.
    (b) Payments to Political Subdivisions.--The governor of a State 
that receives funds under this title may only use such funds for--
            (1) a purpose described in section 403(b) that the State 
        applied for and received the funds; or
            (2) awards to coastal political subdivisions of the State, 
        on a competitive basis, for such purposes.

SEC. 406. HEALTHY OCEAN STAMP.

    (a) In General.--In order to afford a convenient way for members of 
the public to support efforts to protect, maintain, and restore marine 
ecosystems, the United States Postal Service may consider providing for 
a special postage stamp in accordance with this section.
    (b) Terms and Conditions.--The issuance and sale of the stamp 
referred to in subsection (a) shall be governed by section 416 of title 
39, United States Code, and regulations under such section, subject to 
the following:
            (1) Transfers.--All amounts becoming available from the 
        sale of such stamp shall be transferred to the Ocean and Great 
        Lakes Conservation Trust Fund established by section 401 
        through payments which shall be made, at least twice a year, in 
        the manner required by subsection (d)(1) of section 416 of such 
        title 39.
            (2) Numerical limitation.--For purposes of applying any 
        numerical limitation referred to in subsection (e)(1)(C) of 
        section 416 of such title 39, such stamp shall not be taken 
        into account.
            (3) Duration.--Such stamp shall be made available to the 
        public over such period of time as the Postal Service may 
        determine, except that such period--
                    (A) shall commence not later than 12 months after 
                the date of the enactment of this Act; and
                    (B) shall terminate not later than the close of the 
                period referred to in subsection (g) of section 416 of 
                title 39, United States Code.
    (c) Rule of Construction.--Nothing in this section shall be 
considered to permit or require that any determination of the amounts 
becoming available from the sale of the stamp referred to in subsection 
(a) be made in a manner inconsistent with the requirements of 
subsection (d) or section 416 of title 39, United States Code.

SEC. 407. LIMITATION ON USE OF AVAILABLE AMOUNTS FOR ADMINISTRATION.

    Of the amounts made available pursuant to this title for a 
particular activity, not more than 2 percent may be used for 
administrative expenses of that activity.

SEC. 408. RECORD KEEPING REQUIREMENTS.

    The Administrator, in consultation with the Council on Ocean 
Stewardship, shall establish such rules regarding record keeping by 
State and local governments and the auditing of expenditures made by 
State and local governments from funds made available under this Act as 
may be necessary. Such rules shall be in addition to other requirements 
established regarding record keeping and the auditing of such 
expenditures under other authority of law.

SEC. 409. MAINTENANCE OF EFFORT AND MATCHING FUNDING.

    (a) In General.--It is the intent of the Congress in this Act that 
States not use this Act as an opportunity to reduce State or local 
resources for the programs funded by this Act. Except as provided in 
subsection (b), no State or local government shall receive any funds 
under this Act during any fiscal year in which its expenditures of non-
Federal funds for recurrent expenditures for programs for which funding 
is provided under this Act will be less than its expenditures were for 
such programs during the preceding fiscal year. No State or local 
government shall receive funding under this Act with respect to a 
program unless the Administrator is satisfied that such a grant will be 
used to supplement and, to the extent practicable, increase the level 
of State, local, or other non-Federal funds available for such program.
    (b) Exception.--The Administrator may waive the requirements of 
subsection (a) if the Administrator determines that a reduction in 
expenditures--
            (1) is attributable to a nonselective reduction in 
        expenditures for the programs of all executive branch agencies 
        of the State or local government; or
            (2) is a result of reductions in State or local revenue as 
        a result of a downturn in the economy.
    (c) Use of Funds To Meet Matching Requirements.--All funds received 
by a State or local government pursuant to this Act shall be treated as 
Federal funds for purposes of compliance with any provision in effect 
under any other law requiring that non-Federal funds be used to provide 
a portion of the funding for any program or project.

SEC. 410. AUTHORIZATION OF APPROPRIATIONS.

    (a) Regional Ocean Strategic Plans.--
            (1) Payments to states.--There are authorized to be 
        appropriated to the Administrator for making payments to 
        coastal States under this title--
                    (A) $40,000,000 for each of the fiscal years 2010, 
                2011, and 2012 for developing a Regional Ocean 
                Strategic Plan under subsection (b)(1) of section 203, 
                for assisting the Administrator in conducting an 
                initial ocean region assessment under subsection (a) of 
                such section, and for implementing other regional 
                efforts under subsection (e)(2) of such section; and
                    (B) $60,000,000 for each of the fiscal years 2013 
                through 2020 for implementing and updating Regional 
                Ocean Strategic Plans under section 203(d).
            (2) Assessments.--There are authorized to be appropriated 
        to the Administrator $20,000,000 for each of the fiscal years 
        2010 through 2020 thereafter for purposes of--
                    (A) conducting and updating assessments for the 
                ocean regions described under section 203; and
                    (B) supporting efforts by the Regional Ocean 
                Partnerships to develop Regional Ocean Strategic Plans 
                under such section.
            (3) Regional ocean strategic plans.--There are authorized 
        to be appropriated to the Administrator for allocation, with 
        concurrence of the Council on Ocean Stewardship, for carrying 
        out responsibilities of the Federal Government for development 
        and implementation of Regional Ocean Strategic Plans under 
        section 203--
                    (A) $30,000,000 for fiscal year 2013;
                    (B) $40,000,000 for fiscal year 2014; and
                    (C) $50,000,000 for each of the fiscal years 2015 
                through 2020.
    (b) National Oceanic and Atmospheric Administration.--
            (1) Office of education.--In addition to the amounts 
        authorized under the National Sea Grant College Program Act (33 
        U.S.C. 1121 et seq.), there are authorized to be appropriated 
        to the Administrator $30,000,000 for each of the fiscal years 
        2010 through 2014 for educational activities under section 
        309(b).
            (2) Educational partnership program.--There are authorized 
        to be appropriated to the Administrator $20,000,000 for each of 
        the fiscal years 2010 through 2014 for educational activities 
        under section 309(c).
    (c) National Ocean and Coastal Education Program.--Of the amounts 
authorized to be appropriated to NOAA, the Department of the Navy, the 
National Science Foundation, and the National Aeronautics and Space 
Administration for fiscal year 2010 through fiscal year 2014, 
$25,000,000 from each agency shall be available for the ocean and 
coastal education program under section 307.
    (d) Scholarship Program.--Of the amounts authorized to be 
appropriated to NOAA, the National Science Foundation, the National 
Aeronautics and Space Administration, and the Department of the Navy 
for fiscal year 2010 through fiscal year 2014, $15,000,000 shall be 
available for National Ocean Science and Technology Scholarships under 
section 308.
    (e) National Ocean Awareness Media Campaign.--Of the amounts 
authorized to be appropriated to NOAA, there are authorized to be 
appropriated $2,000,000 for each of the fiscal years 2010 through 2012 
to carry out section 311.
    (f) Funding for Marine Ecosystem Research.--
            (1) Marine ecosystem research.--For development and 
        implementation of the research program under section 302, there 
        are authorized to be appropriated $50,000,000 for each of the 
        fiscal years 2010 through 2014.
            (2) Regional ocean ecosystem resource information 
        systems.--For development and implementation of the regional 
        Ocean Ecosystem Resource Information Systems under section 305, 
        there are authorized to be appropriated $25,000,000 for each of 
        the fiscal years 2010 through 2014.
    (g) Amendment to the National Sea Grant College Program Act.--
Section 212(a) of the National Sea Grant College Program Act (33 U.S.C. 
1131(a)) is amended by adding at the end the following:
            ``(3) Marine and aquatic science education.--In addition to 
        the amounts authorized for each fiscal year under paragraphs 
        (1) and (2), there are authorized to be appropriated for marine 
        and aquatic science education for each of fiscal years 2010 
        through 2014--
                    ``(A) $6,000,000 in increased funding for the 
                educational activities of sea grant programs;
                    ``(B) $4,000,000 for competitive grants for 
                projects and research that target national and regional 
                marine and aquatic science literacy;
                    ``(C) $5,000,000 for competitive grants to support 
                educational partnerships under the ocean and coastal 
                education program established under section 308 of the 
                National Oceans Protection Act of 2009 or other 
                appropriate mechanism; and
                    ``(D) $10,000,000 for graduate fellowships and 
                competitive distinguished professorships in marine 
                science.''.
    (h) Availability.--Amounts appropriated pursuant to an 
authorization of appropriations under this section shall remain 
available until expended.
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