[Congressional Record Volume 150, Number 96 (Tuesday, July 13, 2004)]
[Senate]
[Pages S8031-S8050]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. ENZI (for himself and Mr. Campbell):
S. 2641. A bill to recognize conservation efforts to restore the
American bison from extinction by placing the image of the American
bison on the nickel, and for other purposes; to the Committee on
Banking, Housing, and Urban Affairs.
Mr. ENZI. Mr. President, today I join with my friend and colleague
from the State of Colorado to introduce the Bison Nickel Restoration
Act of 2004 to bring the image of the American bison back to the 5-cent
coin.
The American bison is one of the most powerful symbols of the
American West. Meriwether Lewis and William Clark encountered many
bison on their western expedition. Native Americans in the Great Plains
States have held the American bison as one of the most sacred animals,
as it represents a spiritual being supplying everything necessary to
survive. The bison also is an enduring symbol of the growth of the
United States westward. The symbol of the bison is so powerful that the
State of Wyoming has put its image on the State flag and the U.S.
Department of the Interior uses the bison image on its official seal.
Many don't realize how close we came to losing this important animal.
At one time, the American bison population was conservatively estimated
at 60,000,000 strong. In the early 1900's, the worldwide bison
population fell below 1000 and was virtually extinct. At that time,
less than 100 free-range bison existed and there remained only 29 bison
under Federal Government control, 21 in Yellowstone National Park and
eight in the National Zoo in Washington, DC.
However, the restoration of the bison herds is one of the most
shining examples of conservation efforts of our Nation's history. From
the dwindling number of bison in the early 1900's, it is anticipated
that the North American bison herd will surpass half of a million in
the next year. In addition, the bison herd of 21 in Yellowstone
National Park has now grown to more than 4,000 bison. It is the largest
free-range bison herd in the United States.
The conservation effort of the bison began in the early 1900's. At
that time, the American Bison Society was formed with President Teddy
Roosevelt as its honorary president. Soon, we will be celebrating the
centennial anniversary in 2008 of the signing into law by President
Roosevelt of the creation of the National Bison Range. While Federal
efforts to restore the bison have been beyond our expectations, a very
large part of the successful restoration of the bison herd is due to
the private sector. Today, bison can be found in all 50 States,
including Hawaii. Many anticipate that the bison population may pass 1
million by the end of the decade.
Today, the bison ranching sector has become a viable business for
many small- and medium-sized ranchers. According to a recent U.S.
Department of Agriculture census, Wyoming ranches raised 12,580 bison
for agricultural purposes during 2002. Restoring the bison to our
coinage is a fitting tribute, especially during this July, which is
National Bison Month.
A fitting honor for the American bison would be to restore the image
on the back of the nickel. This not only would honor the restoration of
the bison herd but it would be a symbol of the West. It is my hope that
the millions of bison nickels would inspire school children to
recognize the importance of our western heritage, the importance of the
bison in Native American culture, and the importance of the public/
private efforts to restore the American bison. While our Nation's
symbol is the bald eagle, there is little doubt that the symbol of the
west is the American bison.
The Bison Nickel Restoration Act of 2004 would restore the American
5-Cent Coin Design Continuity Act of 2003 to its original three-year
time frame. Due to the late passage of this law, the U.S. Mint was
unable to mint newly designed nickels for 2003. In addition, our bill
would require that one of the new images on the reverse of the nickel
be of an American bison. I can think of no more fitting tribute to the
restoration of the American bison herd than to restore the image of the
bison on the back of the nickel.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2641
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bison Nickel Restoration Act
of 2004''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the American bison is one of the most enduring symbols
of the expedition of Meriwether Lewis and William Clark;
(2) Native Americans in the Great Plains States have held
the American bison as one of the most sacred animals, as it
represents a spiritual being supplying everything necessary
to survive;
(3) the American bison continues to be a symbol of Western
States and the growth of the United States westward in the
19th century;
(4) the population of the American bison herd has been
restored from near extinction levels due to exceptional
conservation efforts;
(5) the American bison herd, which once numbered
approximately 60,000,000 fell below 100 for free-range bison
in the early 1900s;
(6) at the time, only 21 American bison were living in
Yellowstone National Park, and 8 in the National Zoo in
Washington, DC;
(7) the conservation efforts to restore the American bison
officially began with the efforts of President Theodore
Roosevelt with the American Bison Society in 1905, the first
United States conservation effort to restore a single species
from extinction;
(8) the centennial of the signing into law by President
Roosevelt of the creation of the National Bison Range in
Montana will take place on May 23, 2008; and
(9) in 2004, the bison herd in North America is anticipated
to surpass 500,000, and the American Bison has been restored
and has become a viable commercial ranching enterprise for
many small- and medium-sized ranchers.
SEC. 3. BISON COIN AUTHORITY EXTENSION.
Section 101 of the American 5-Cent Coin Design Continuity
Act of 2003 (31 U.S.C. note) is amended--
(1) by striking ``and 2005'' each place that term appears,
other than in subsection (b)(2), and inserting ``, 2005, and
2006''; and
(2) in subsection (b)(2), by adding at the end the
following: ``If the Secretary of the Treasury elects to
change the reverse of the 5-cent coins issued during 2006,
one of the designs selected shall depict the image of an
[[Page S8032]]
American bison as part of such emblematic images.''.
SEC. 4. EXTENSION OF THE AMERICAN 5-CENT COIN DESIGN
CONTINUITY ACT OF 2003.
Section 5112(d)(1) of title 31, United States Code, is
amended in the 5th sentence, by striking ``December 31,
2005'' and inserting ``December 31, 2006''.
______
By Mr. WYDEN:
S. 2642. A bill to amend the Internal Revenue Code of 1986 to deter
the smuggling of tobacco products into the United States, and for other
purposes; to the Committee on Finance.
Mr. WYDEN. Mr. President, today I am introducing the Smuggled Tobacco
Prevention Act of 2004, and Representative Doggett of Texas is
introducing identical legislation in the House of Representatives.
As many of my colleagues know, I have long believed that we must do
everything we can to help protect our children from becoming addicted
to tobacco. Whether a child is in Bend, OR or in Bangladesh, that child
should be able to grow up tobacco-free.
Cigarettes are the world's most smuggled legal consumer product.
Tobacco smuggling contributes to the availability of cheap cigarettes
and not only deprives governments of needed revenue, but harms the
health of our citizens and of people around the world. Last month the
U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives reported that
they have more than 300 open cases of illicit cigarette trafficking, up
from only a handful five years ago. Some of those cases have been
linked to the funding of terrorism.
In our country traffickers buy a large volume of cigarettes in States
where the cigarette tax is low, and take them to States with higher
taxes and sell them at a discount without paying the higher cigarette
tax in those States. That illegal activity deprives States and
localities of funds needed for schools, policing, and roads.
With better labeling, tracing, and record-keeping we believe we can
end this illegal activity. Our legislation takes those common sense
steps and requires that individual product packages be marked with the
destination and that bonds be posted until we are assured that the
tobacco product has reached its destination. The legislation would
require record keeping and making those records available for
inspection. The Smuggled Tobacco Prevention Act also provides whistle-
blower protection for those who help authorities in locating smuggling
activity.
I urge my colleagues to join me in strengthening our laws against
cigarette smuggling because it is good health policy, and it is sound
fiscal policy and good leadership to do so.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2642
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Smuggled
Tobacco Prevention Act of 2004''.
TITLE I--AMENDMENTS TO INTERNAL REVENUE CODE OF 1986
SEC. 101. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
SEC. 102. IMPROVED MARKING AND LABELING; EXPORT BONDS.
(a) In General.--Subsection (b) of section 5723 (relating
to marks, labels, and notices) is amended--
(1) by striking ``, if any,'' and
(2) by adding at the end the following: ``Such marks,
labels, and notices shall include marks and notices relating
to the following:
``(1) Identification.--Each person who is a manufacturer or
importer of tobacco products shall (in accordance with
regulations prescribed by the Secretary) legibly print a
unique serial number on all packages of tobacco products
manufactured or imported by such person for sale or
distribution. Such serial number shall be designed to enable
the Secretary to identify the manufacturer of the product
(and, in the case of importation, the manufacturer and
importer of the product), the location and date of
manufacture (and, if imported, the location and date of
importation), and any other information the Secretary
determines necessary or appropriate for the proper
administration of the chapter. The Secretary shall determine
the size and location of the serial number.
``(2) Marking requirements for exports.--Each package of a
tobacco product that is exported shall be marked for export
from the United States and shall be marked as to the foreign
country which is to be the final destination of such product.
Such marking shall be visible and prominent and shall be in
English and in the primary language of such foreign country.
The Secretary shall promulgate regulations to determine the
size and location of the mark.''.
(b) Sales on Indian Reservations; Package Defined.--Section
5723 is amended by adding at the end the following new
subsections:
``(f) Sales on Indian Reservations.--Each package of a
tobacco product that is sold on an Indian reservation (as
defined in section 403(9) of the Indian Child Protection and
Family Violence Prevention Act (25 U.S.C. 3202(9)) shall be
visibly and prominently labeled as such. The Secretary, in
consultation with the Secretary of the Interior, shall
promulgate regulations with respect to such labeling,
including requirements for the size and location of the
label.
``(g) Definition of Package.--For purposes of this section,
the term `package' means the innermost sealed container
visible from the outside of the individual container
irrespective of the material from which such container is
made, in which a tobacco product is placed by the
manufacturer and in which such tobacco product is offered for
sale to a member of the general public.''.
(c) Requirements for Tracking of Tobacco Products.--
(1) In general.--Subchapter B of chapter 52 is amended by
adding at the end the following new section:
``SEC. 5714. EXPORT BONDS.
``(a) Posting of Bond.--
``(1) In general.--It shall be unlawful for any person to
export any tobacco product unless such person--
``(A) has posted with the Secretary a tobacco product bond
in accordance with this section for such product that
contains a disclosure of the country to which such product
will be exported; and
``(B) receives a written statement from the recipient of
the tobacco products involved that such person--
``(i) will not knowingly and willfully violate or cause to
be violated any law or regulation of such country, the United
States, any State, the District of Columbia, or any
possession of the United States with respect to such
products; and
``(ii) has never been convicted of any offense with respect
to tobacco products.
``(2) Regulations.--The Secretary shall promulgate
regulations that determine the frequency and the amount of
each bond that must be posted under paragraph (1), but in no
case shall such amount be less than an amount equal to the
tax imposed under this chapter on the value of the shipment
of the products involved if such products were consumed
within the United States.
``(3) Export.--For purposes of this subsection, property
shall be treated as exported if it is shipped to a foreign
country, Puerto Rico, the Virgin Islands, or a possession of
the United States, or for consumption beyond the jurisdiction
of the internal revenue laws of the United States.
``(b) Return of Bond.--The Secretary shall return a bond
posted under subsection (a)--
``(1) upon a determination by the Secretary (based on
documentation provided by the person who posted the bond in
accordance with regulations promulgated by the Secretary)
that the items to which the bond applies have been received
in the country of final destination as designated in the
bond, or
``(2) under such other circumstance as the Secretary may
specify.''
(2) Clerical amendment.--The table of sections for such
subchapter B is amended by adding at the end the following
new item:
``Sec. 5714. Export bonds.''
SEC. 103. WHOLESALERS REQUIRED TO HAVE PERMIT.
Section 5712 (relating to application for permit) is
amended by inserting ``, wholesaler,'' after
``manufacturer''.
SEC. 104. CONDITIONS OF PERMIT.
Subsection (a) of section 5713 (relating to issuance of
permit) is amended to read as follows:
``(a) Issuance.--
``(1) In general.--A person shall not engage in business as
a manufacturer, wholesaler, or importer of tobacco products
or as an export warehouse proprietor without a permit to
engage in such business. Such permit shall be issued in such
form and in such manner as the Secretary shall by regulation
prescribe, to every person properly qualified under sections
5711 and 5712. A new permit may be required at such other
time as the Secretary shall by regulation prescribe.
``(2) Conditions.--The issuance of a permit under this
section shall be conditioned upon the compliance with the
requirements of--
``(A) this chapter,
``(B) the Contraband Cigarette Trafficking Act (18 U.S.C.
chapter 114),
``(C) the Act of October 19, 1949 (15 U.S.C. chapter 10A),
``(D) any regulations issued pursuant to such statutes, and
``(E) any other federal laws or regulations relating to the
taxation, sale, or transportation of tobacco products.''.
SEC. 105. RECORDS TO BE MAINTAINED.
Section 5741 (relating to records to be maintained) is
amended--
(1) by inserting ``(a) In General.--'' before ``Every
manufacturer'',
[[Page S8033]]
(2) by inserting ``every wholesaler,'' after ``every
importer,'',
(3) by striking ``such records'' and inserting ``records
concerning the chain of custody of the tobacco products
(including the foreign country of final destination for
packages marked for export) and such other records'', and
(4) by adding at the end the following new subsection:
``(b) Retailers.--Retailers shall maintain records of
receipt of tobacco products, and such records shall be
available to the Secretary for inspection and audit. An
ordinary commercial record or invoice shall satisfy the
requirements of this subsection if such record shows the date
of receipt, from whom tobacco products were received, and the
quantity of tobacco products received. The preceding
provisions of this subsection shall not be construed to limit
or preclude other recordkeeping requirements imposed on any
retailer.''.
SEC. 106. REPORTS.
Section 5722 (relating to reports) is amended--
(1) by inserting ``(a) In General.--'' before ``Every
manufacturer'', and
(2) by adding at the end the following new subsection:
``(b) Reports By Export Warehouse Proprietors.--
``(1) In general.--Prior to exportation of tobacco products
from the United States, the export warehouse proprietor shall
submit a report (in such manner and form as the Secretary may
by regulation prescribe) to enable the Secretary to identify
the shipment and assure that it reaches its intended
destination.
``(2) Agreements with foreign governments.--Notwithstanding
section 6103 of this title, the Secretary is authorized to
enter into agreements with foreign governments to exchange or
share information contained in reports received from export
warehouse proprietors of tobacco products if--
``(A) the Secretary believes that such agreement will
assist in--
``(i) ensuring compliance with the provisions of this
chapter or regulations promulgated thereunder, or
``(ii) preventing or detecting violations of the provisions
of this chapter or regulations promulgated thereunder, and
``(B) the Secretary obtains assurances from such government
that the information will be held in confidence and used only
for the purposes specified in clauses (i) and (ii) of
subparagraph (A).
No information may be exchanged or shared with any government
that has violated such assurances.''.
SEC. 107. FRAUDULENT OFFENSES.
(a) In General.--Subsection (a) of section 5762 (relating
to fraudulent offenses) is amended by striking paragraph (1)
and redesignating paragraphs (2) through (6) as paragraphs
(1) through (5), respectively.
(b) Offenses Relating to Distribution of Tobacco
Products.--Section 5762 is amended--
(1) by redesignating subsection (b) as subsection (c),
(2) in subsection (c) (as so redesignated), by inserting
``or (b)'' after ``(a)'', and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Offenses Relating to Distribution of Tobacco
Products.--It shall be unlawful--
``(1) for any person to engage in the business as a
manufacturer or importer of tobacco products or cigarette
papers and tubes, or to engage in the business as a
wholesaler or an export warehouse proprietor, without filing
the bond and obtaining the permit where required by this
chapter or regulations thereunder;
``(2) for a manufacturer, importer, or wholesaler permitted
under this chapter intentionally to ship, transport, deliver,
or receive any tobacco products from or to any person other
than a person permitted under this chapter or a retailer,
except a permitted importer may receive foreign tobacco
products from a foreign manufacturer or a foreign distributor
that have not previously entered the United States;
``(3) for any person (other than the original manufacturer
of such tobacco products or an export warehouse proprietor
authorized to receive any tobacco products that have
previously been exported and returned to the United States)
to receive any tobacco products that have previously been
exported and returned to the United States;
``(4) for any export warehouse proprietor intentionally to
ship, transport, sell, or deliver for sale any tobacco
products to any person other than the original manufacturer
of such tobacco products, another export warehouse
proprietor, or a foreign purchaser;
``(5) for any person (other than a manufacturer or an
export warehouse proprietor permitted under this chapter)
intentionally to ship, transport, receive, or possess, for
purposes of resale, any tobacco product in packages marked
pursuant to regulations issued under section 5723, other than
for direct return to a manufacturer for repacking or for re-
exportation or to an export warehouse proprietor for re-
exportation;
``(6) for any manufacturer, importer, export warehouse
proprietor, or wholesaler permitted under this chapter to
make intentionally any false entry in, to fail willfully to
make appropriate entry in, or to fail willfully to maintain
properly any record or report that such person is required to
keep as required by this chapter or the regulations
promulgated thereunder;
``(7) for any person to alter, mutilate, destroy,
obliterate, or remove any mark or label required under this
chapter upon a tobacco product held for sale, except pursuant
to regulations of the Secretary authorizing relabeling for
purposes of compliance with the requirements of this section
or of State law; and
``(8) for any person to sell at retail more than 5,000
cigarettes in a single transaction or in a series of related
transactions, or, in the case of other tobacco products, an
equivalent quantity as determined by regulation.
Any person violating any of the provisions of this subsection
shall, upon conviction, be fined as provided in section 3571
of title 18, United States Code, imprisoned for not more than
5 years, or both.''.
(c) Intentionally Defined.--Section 5762 is amended by
adding at the end the following:
``(d) Definition of Intentionally.--For purposes of this
section and section 5761, the term `intentionally' means
doing an act, or omitting to do an act, deliberately, and not
due to accident, inadvertence, or mistake, regardless of
whether the person knew that the act or omission constituted
an offense.''.
SEC. 108. CIVIL PENALTIES.
Subsection (a) of section 5761 (relating to civil
penalties) is amended--
(1) by striking ``willfully'' and inserting
``intentionally'', and
(2) by striking ``$1,000'' and inserting ``$10,000''.
SEC. 109. DEFINITIONS.
(a) Export Warehouse Proprietor.--Subsection (i) of section
5702 (relating to definition of export warehouse proprietor)
is amended by inserting before the period the following: ``or
any person engaged in the business of exporting tobacco
products from the United States for purposes of sale or
distribution. Any duty free store that sells, offers for
sale, or otherwise distributes to any person in any single
transaction more than 30 packages of cigarettes, or its
equivalent for other tobacco products as the Secretary shall
by regulation prescribe, shall be deemed an export warehouse
proprietor under this chapter''.
(b) Retailer; Wholesaler.--Section 5702 is amended by
adding at the end the following:
``(p) Retailer.--The term `retailer' means any dealer who
sells, or offers for sale, any tobacco product at retail. The
term `retailer' includes any duty-free store that sells,
offers for sale, or otherwise distributes at retail in any
single transaction 30 or fewer packages of cigarettes, or its
equivalent for other tobacco products.
``(q) Wholesaler.--The term `wholesaler' means any person
engaged in the business of purchasing tobacco products for
resale at wholesale, or any person acting as an agent or
broker for any person engaged in the business of purchasing
tobacco products for resale at wholesale.''.
SEC. 110. EFFECTIVE DATE.
The amendments made by this title shall take effect on
January 1, 2005.
TITLE II--AMENDMENTS TO THE CONTRABAND CIGARETTE TRAFFICKING ACT
SEC. 201. AMENDMENTS TO THE CONTRABAND CIGARETTE TRAFFICKING
ACT.
(a) Expansion of Act To Cover Other Tobacco Products.--
(1) Paragraphs (1) through (2) of section 2341 of title 18,
United States Code, are amended to read as follows:
``(1) the term `tobacco product' has the meaning given to
such term by section 5702 of the Internal Revenue Code of
1986;
``(2) the term `contraband tobacco product' means any
tobacco product if--
``(A)(i) in the case of cigarettes, such cigarettes are in
a quantity in excess of 2,000 cigarettes; or
``(ii) in the case of a tobacco product other than a
cigarette, such product is in a quantity in excess of the
equivalent of 2,000 cigarettes as determined under rules made
by the Attorney General;
``(B)(i) if the State in which such tobacco product is
found requires a stamp, impression, or other indication to be
placed on packages or other containers of product to evidence
payment of tobacco taxes, such tobacco product bears no
evidence of such payment; or
``(ii) if such State has no such requirement, applicable
tobacco taxes are found to be not paid; and
``(C) such tobacco product is in the possession of any
person other than--
``(i) a person holding a permit issued pursuant to chapter
52 of the Internal Revenue Code of 1986 as a manufacturer or
importer of tobacco products or as an export warehouse
proprietor, or a person operating a customs bonded warehouse
pursuant to section 311 or 555 of the Tariff Act of 1930 (19
U.S.C. 1311 or 1555) or an agent of such person;
``(ii) a common or contract carrier transporting the
tobacco product involved under a proper bill of lading or
freight bill which states the quantity, source, and
destination of such product;
``(iii) a person--
``(I) who is licensed or otherwise authorized by the State
where the tobacco product is found to account for and pay
tobacco taxes imposed by such State; and
``(II) who has complied with the accounting and payment
requirements relating to such license or authorization with
respect to the tobacco product involved; or
[[Page S8034]]
``(iv) an officer, employee, or other agent of the United
States or a State, or any department, agency, or
instrumentality of the United States or a State (including
any political subdivision of a State) having possession of
such tobacco product in connection with the performance of
official duties;''.
(2) Section 2345 of title 18, United States Code, is
amended--
(A) by striking ``cigarette tax laws'' each place it
appears and inserting ``tobacco tax laws'', and
(B) by striking ``cigarettes'' and inserting ``tobacco
products''.
(b) Unlawful Acts.--Section 2342 of title 18, United States
Code, is amended to read as follows:
``Sec. 2342. Unlawful acts
``(a) It shall be unlawful for any person knowingly to
ship, transport, receive, possess, sell, distribute, or
purchase contraband tobacco products.
``(b)(1) It shall be unlawful for any person knowingly--
``(A) to make any false statement or representation with
respect to the information required by this chapter to be
kept in the records or reports of any person who ships,
sells, or distributes (in a single transaction or in a series
of related transactions) any quantity of tobacco product in
excess of the quantity specified in or pursuant to section
2341(2)(A) with respect to such product, or
``(B) to fail to maintain records or reports, alter or
obliterate required markings, or interfere with any
inspection, required under this chapter, with respect to such
quantity of tobacco product.
``(c) It shall be unlawful for any person knowingly to
transport tobacco products under a false bill of lading or
without any bill of lading.''.
(c) Conforming Amendments Relating to Recordkeeping.--
(1) Subsections (a) and (b) of section 2343 of title 18,
United States Code, are each amended by striking ``any
quantity of cigarettes in excess of 60,000 in a single
transaction'' and inserting ``(in a single transaction or in
a series of related transactions) any quantity of tobacco
product in excess of the quantity specified in or pursuant to
section 2341(2)(A) with respect to such product''.
(d) Penalties.--Section 2344 of title 18, United States
Code, is amended--
(1) in subsection (b), by inserting ``or (c)'' after
``section 2342(b)''; and
(2) by striking subsection (c) and inserting the following
new subsection:
``(c) Any contraband tobacco products involved in any
violation of this chapter shall be subject to seizure and
forfeiture, and all provisions of section 9703(o) of title
31, United States Code, shall, so far as applicable, extend
to seizures and forfeitures under this chapter.''.
(e) Jenkins Act Amendments.--
(1) Section 4 of the Act of October 19, 1949 (15 U.S.C.
378) is amended by adding at the end the following: ``A State
tobacco tax authority may commence a civil action to obtain
appropriate relief with respect to a violation of this
Act.''.
(2) Paragraph (2) of section 1 of such Act is amended to
read as follows:
``(2) The term `tobacco product' has the meaning given to
such term by section 5702 of the Internal Revenue Code of
1986.''.
(3) Such Act is further amended by striking ``cigarette''
and ``cigarettes'' each place either appears and inserting
``tobacco product'' and ``tobacco products'' respectively.
(f) Non-preemption.--Nothing in this title or the
amendments made by this title shall be construed to prohibit
an authorized State official from proceeding in State court
on the basis of an alleged violation of State law.
TITLE III--WHISTLEBLOWER PROTECTION PROVISIONS
SEC. 301. WHISTLEBLOWER PROTECTION.
(a) In General.--Chapter 73 of title 18, United States
Code, is amended by inserting after section 1514 the
following:
``Sec. 1514B. Civil action to protect against retaliation in
contraband tobacco cases
``(a) Whistleblower Protection for Contraband Tobacco.--No
person may discharge, demote, suspend, threaten, harass, or
in any other manner discriminate against an employee in the
terms and conditions of employment because of any lawful act
done by the employee--
``(1) to provide information, cause information to be
provided, or otherwise assist in an investigation regarding
any conduct which the employee reasonably believes
constitutes a violation of section 2342 or any other
provision of Federal law relating to contraband tobacco, when
the information or assistance is provided to or the
investigation is conducted by--
``(A) a Federal regulatory or law enforcement agency;
``(B) any Member of Congress or any committee of Congress;
or
``(C) a person with supervisory authority over the employee
(or such other person working for the employer who has the
authority to investigate, discover, or terminate misconduct);
or
``(2) to file, cause to be filed, testify, participate in,
or otherwise assist in a proceeding filed or about to be
filed (with any knowledge of the employer) relating to an
alleged violation of section 2342, or any provision of
Federal law relating to contraband tobacco.
``(b) Enforcement Action.--
``(1) In general.--A person who alleges discharge or other
discrimination by any person in violation of subsection (a)
may seek relief under subsection (c), by--
``(A) filing a complaint with the Secretary of Labor; or
``(B) if the Secretary has not issued a final decision
within 180 days of the filing of the complaint and there is
no showing that such delay is due to the bad faith of the
claimant, bringing an action at law or equity for de novo
review in the appropriate district court of the United
States, which shall have jurisdiction over such an action
without regard to the amount in controversy.
``(2) Procedure.--
``(A) In general.--An action under paragraph (1)(A) shall
be governed under the rules and procedures set forth in
section 42121(b) of title 49, United States Code.
``(B) Exception.--Notification made under section
42121(b)(1) of title 49, United States Code, shall be made to
the person named in the complaint and to the employer.
``(C) Burdens of proof.--An action brought under paragraph
(1)(B) shall be governed by the legal burdens of proof set
forth in section 42121(b) of title 49, United States Code.
``(D) Statute of limitations.--An action under paragraph
(1) shall be commenced not later than 90 days after the date
on which the violation occurs.
``(c) Remedies.--
``(1) In general.--An employee prevailing in any action
under subsection (b)(1) shall be entitled to all relief
necessary to make the employee whole.
``(2) Compensatory damages.--Relief for any action under
paragraph (1) shall include--
``(A) reinstatement with the same seniority status that the
employee would have had, but for the discrimination;
``(B) the amount of back pay, with interest; and
``(C) compensation for any special damages sustained as a
result of the discrimination, including litigation costs,
expert witness fees, and reasonable attorney fees.
``(d) Rights retained by employee.--Nothing in this section
shall be deemed to diminish the rights, privileges, or
remedies of any employee under any Federal or State law, or
under any collective bargaining agreement.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 73 of title 18, United States Code, is
amended by inserting after the item relating to section 1514
the following new item:
``1514B. Civil action to protect against retaliation in contraband
tobacco cases.''.
______
By Mr. DURBIN:
S. 2643. A bill to provide for fire safety standards for cigarettes,
and for other purposes; to the Committee on Commerce, Science, and
Transportations
Mr. DURBIN. Mr. President, I rise today to introduce the Cigarette
Fire Safety Act of 2004. Joe Moakley started his effort to require less
fire-prone cigarettes in 1979 and championed this issue until his death
in May of 2001. I am here to finish what he started.
The statistics regarding cigarette-related fires are startling.
Cigarette-ignited fires account for an estimated 140,800 fires in the
United States. Such fires cause more than 900 deaths and 2,400 injuries
each year. Annually, more than $400 million in property damage is
reported due to a fire caused by a cigarette. According to the National
Fire Protection Association, one out of every four fire deaths in the
United States are attributed to tobacco products--by far the leading
cause of civilian deaths in fires. Overall, the Consumer Product Safety
Commission estimates that the cost of the loss of human life and
personal property from not having a fire-safe cigarette standard is
approximately $4.6 billion per year.
In my State of Illinois, cigarette-related fires have also caused too
many senseless tragedies. In 1998 alone, the most recent year for which
we have data, there were more than 1,700 cigarette-related fires, of
which more than 900 were in people's homes. These fires led to 109
injuries and 8 deaths.
Tobacco companies spend billions on marketing and learning how to
make cigarettes appealing to kids. It is not unreasonable to ask those
same companies to invest in safer cigarette paper to make their
products less likely to burn down a house. The State of New York has
taken the first step, and by June 2004, all cigarettes sold in the
State will be tested for fire safety and required to self-extinguish.
It is time to establish a national standard to ensure that our nation's
children, elderly and families are protected.
The Cigarette Fire Safety Act of 2004 requires the Consumer Product
Safety Commission to promulgate a fire safety standard, specified in
the legislation, for cigarettes. The CPSC would also have the authority
to regulate the
[[Page S8035]]
ignition propensity of cigarette paper for roll-your-own tobacco
products. The Act gives the Consumer Product Safety Commission
authority over cigarettes only for purposes of implementing and
enforcing compliance with this Act and with the standard promulgated
under the Act. It also allows states to pass more stringent fire-safety
standards for cigarettes.
When Joe Moakley set out more than two decades ago to ensure that the
tragic cigarette-caused fire that killed five children and their
parents in Westwood, MA was not repeated, he made a difference. He
introduced three bills, two of which passed. One commissioned a study
that concluded it was technically feasible to produce a cigarette with
a reduced propensity to start fires. The second required that the
National Institute of Standards and Technology develop a test method
for cigarette fire safety, and the last and final bill, the Fire-Safe
Cigarette Act of 1999, mandates that the Consumer Product Safety
Commission use this knowledge to regulate cigarettes with regard to
fire safety.
Today I am here to reintroduce Moakley's bill and to accomplish what
he set out to do. I hope that the Commerce Committee will consider this
legislation expeditiously and that my colleagues will join me in
supporting this effort. Joe waited long enough. Let's get this done for
him.
______
By Mr. McCAIN:
S. 2645. A bill to amend the Communications Act of 1934 to authorize
appropriations for the Corporation for Public Broadcasting, and for
other purposes; to the Committee on Commerce, Science, and
Transportation.
Mr. McCAIN. Mr. President, I rise today to introduce The Public
Broadcasting Reauthorization Act of 2004. This legislation is designed
to reauthorize the Corporation for Public Broadcasting (CPB or ``the
Corporation'') through 2011 to carry forth its mission to support the
Nation's public broadcasting system. This private, non-profit
corporation has not been reauthorized since 1996.
In 1967, Congress created the Corporation, declaring, ``It is in the
public interest to encourage the growth and development of public radio
and television broadcasting, including the use of such media for
instructional, educational and cultural purposes.'' Today, the primary
function of the CPB is to receive and distribute governmental funds to
stations, develop national programming, and maintain universal access
to public broadcasting's educational programs and services through 356
public television stations and almost 800 public radio stations.
In addition to authorizing the Corporation, the bill would explicitly
provide public broadcast stations the ability to use CPB funds to
produce local programming. An April 2004 General Accounting Office
(GAO) report noted that 79 percent of the public television stations
surveyed found that the amount of local programming they currently
produce is not sufficient to meet local community needs. Eighty-five
percent of the stations surveyed stated that they do not have adequate
funds for local programming or that they would produce more local
programming if they could obtain additional sources of funding. The
bill would provide the Corporation the explicit authority to award
grants for the production and acquisition of local programming and
allow stations to use CPB funds supporting the digital transition to
produce local digital programming.
Furthermore, the bill would expand the definition of public
telecommunications services to capture the services public broadcasters
are now providing through their web sites and through digital
multicasting. The bill would also allow CPB to recoup some federal
funds provided to a public broadcast station if the broadcaster sells
the station to an entity that does not offer public broadcasting
services.
Reauthorization would allow the CPB to continue carrying out its many
responsibilities. I look forward to working with my colleagues to
expeditiously move this measure through the legislative process.
Today the Senate Committee on Commerce, Science, and Transportation
held a hearing on public broadcasting. Mr. Ken Burns, a filmmaker,
spoke eloquently at the hearing on the benefits public broadcasting
provides to local communities. Mr. President, I ask unanimous consent
that Mr. Burns' testimony and the text of the bill be printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 2645
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Broadcasting
Reauthorization Act of 2004''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) Corporation for Public Broadcasting.--Section 396(k)(1)
of the Communications Act of 1934 (47 U.S.C. 396(k)(1)) is
amended by striking subparagraphs (B) through (F) and
inserting the following:
``(B) There is authorized to be appropriated to the Fund,
for each of the fiscal years 2007, 2008, 2009, 2010 and 2011,
an amount equal to 40 percent of the total amount of non-
Federal financial support received by public broadcasting
entities during the second fiscal year preceding each such
fiscal year, except that the amount so appropriated shall not
exceed--
``(i) $416,000,000 for fiscal year 2007;
``(ii) $432,000,000 for fiscal year 2008;
``(iii) $450,000,000 for fiscal year 2009;
``(iv) $468,000,000 for fiscal year 2010; and
``(v) $487,000,000 for fiscal year 2011.
``(C) In addition to any amounts authorized under any other
provision of this or any other Act, there are authorized to
be appropriated to the Fund, (notwithstanding any other
provision of this subsection) specifically for transition
from the use of analog to digital technology for the
provision of public telecommunications services and for the
acquisition or production of digital programming of local,
regional, and national interest--
``(i) $50,000,000 for fiscal year 2005;
``(ii) $50,000,000 for fiscal year 2006;
``(iii) $40,000,000 for fiscal year 2007;
``(iv) $30,000,000 for fiscal year 2008; and
``(v) $20,000,000 for fiscal year 2009.
``(D) Funds appropriated under this subsection shall remain
available until expended and shall be disbursed by the
Secretary of the Treasury for obligation and expenditure as
soon after appropriation as practicable. The Corporation
shall distribute funds authorized by subparagraph (C) and
allocated to public broadcast stations under this subsection
as expeditiously as practicable when made available by the
Secretary of the Treasury, and in a manner that is
determined, in consultation with public radio and television
licensees or permittees and their designated
representatives.''.
(b) Public Broadcasting Interconnection System.--Section
396(k)(10) of the Communications Act of 1934 (47 U.S.C.
396(k)(10)) is amended by striking subparagraphs (B) and (C)
and inserting the following:
``(B) There are authorized to be appropriated to the
Satellite Interconnection Fund $250,000,000 for fiscal year
2005. If the amount appropriated to the Satellite
Interconnection Fund for fiscal year 2005 is less than
$250,000,000, the amount by which that sum exceeds the amount
appropriated is authorized to be appropriated for fiscal
years 2006 through 2008 until the full $250,000,000 has been
appropriated to the Fund. Funds appropriated to the Satellite
Interconnection Fund shall remain available until expended.
``(C) The Secretary of the Treasury shall make available
and disburse to the Corporation, at the beginning of fiscal
year 2005 and of each succeeding fiscal year thereafter, such
funds as have been appropriated to the Satellite
Interconnection Fund for the fiscal year in which such
disbursement is to be made.''.
(c) Public Telecommunications Facilities Program Grants.--
Section 391 of the Communications Act of 1934 (47 U.S.C. 391)
is amended--
(1) by striking ``$42,000,000 for each of the fiscal years
1992, 1993, and 1994,'' and inserting ``$50,000,000 for
fiscal year 2005, $52,000,000 for fiscal year 2006,
$54,008,000 for fiscal year 2007, $56,240,000 for fiscal year
2008, $58,490,000 for fiscal year 2009, $60,820,000 for
fiscal year 2010, and $63,250,000 for fiscal year 2011,'';
and
(2) by striking ``facilities'' each place it occurs and
inserting ``facilities, including analog and digital
broadcast facilities and equipment,''.
SEC. 3. RECOUPMENT OF FUNDS BY CORPORATION.
Section 396(k) of the Communications Act of 1934 (47 U.S.C.
396(k)) is amended by adding at the end the following:
``(13) Funds may not be distributed pursuant to this
section to any public broadcast station unless it agrees
that, upon request by the Corporation, at such time as it
ceases to provide public telecommunications services or
transfers or assigns its broadcast license or permit to an
entity that will not provide public telecommunications
services (as defined in section 397(14) of this Act), it
will--
``(A) return any or all unexpended funds for all grants
made by the Corporation; and
``(B) with respect to grants made by the Corporation during
the prior 5 years for the purchase or construction of public
telecommunications facilities, return an amount that is no
more than an amount bearing the same ratio to the current
value of such facilities at the time of cessation of public
telecommunications service as the ratio that
[[Page S8036]]
the Corporation's contribution bore to the total cost of
purchasing or constructing such facilities.''.
SEC. 4. REDEFINITION OF PUBLIC TELECOMMUNICATIONS SERVICES TO
INCLUDE NEW TECHNOLOGIES.
(a) Transition and Programming Authorization.--Section
396(k)(1)(C) of the Communications Act of 1934 (47 U.S.C.
396(k)(1)(C)), as amended by section 2(a) of this Act, is
further amended by striking ``public broadcasting services,''
and inserting ``public telecommunications services,''.
(b) Public Telecommunications Services To Include New
Technologies.--Section 397(14) of the Communications Act of
1934 (47 U.S.C 397(14)) is amended to read as follows:
``(14) The term `public telecommunications services' means
noncommercial educational and cultural--
``(A) radio and television programming or other content;
and
``(B) instructional or informational material (including
data) transmitted electronically.''.
SEC. 5. LOCAL CONTENT, PROGRAMMING, AND SERVICES.
Section 396(k)(7) of the Communications Act of 1934 (47
U.S.C. 396(k)(7)) is amended by striking ``to the production
and acquisition of programming.'' and inserting ``to the
support of content, programming, and services, especially
those that serve the needs and interests of the recipient's
local community.''.
Mr. Chairman and Members of the Committee: It is an honor
for me to appear before you today on behalf of PBS. I am
grateful that you have given me this opportunity to express
my thoughts. Let me say from the outset--as a film producer
and as a father of two daughters increasingly concerned about
the sometimes dangerous landscape of our television
environment--that I am a passionate, life-long supporter of
public television and its unique role in helping to stitch
our exquisite, diverse, and often fragile culture together.
Few institutions provide such a direct, grassroots way for
our citizens to participate in the shared glories of their
common past, in the power of the priceless ideals that have
animated our remarkable republic and our national life for
more than two hundred years, and in the inspirational life of
the mind and the heart that an engagement with the arts
always provides. It is my wholehearted belief that anything
that threatens this institution weakens our country. It is as
simple as that.
For more than 25 years I have been producing historical
documentary films, celebrating the special messages American
history continually directs our way. The subjects of these
films range from the construction of the Brooklyn Bridge and
the Statue of Liberty to the life of the turbulent demagogue
Huey Long; from the graceful architecture of the Shakers to
the early founders of radio; from the sublime pleasures and
unexpected lessons of our national pastime and Jazz to the
searing transcendent experience of our Civil War; from Thomas
Jefferson and Lewis and Clark to Frank Lloyd Wright,
Elizabeth Cady Stanton and Mark Twain. I even made a film on
the history of this magnificent Capitol building and the much
maligned institution that is charged with conducting the
people's business.
In every instance, I consciously produced these films for
national public television broadcast, not the commercial
networks or cable.
As an educational filmmaker, I am grateful to play even a
small part in an underfunded broadcasting entity with one
foot tenuously in the marketplace and the other decidedly and
proudly out, which, among dozens of fabulously wealthy
networks, just happens to produce--on shoestring budgets--the
best news and public affairs programming on television, the
best science and nature programming on television, the best
arts on television, the best children's shows on television,
and, some say, the best history on television.
When I was working more than 15 years ago on my film about
the Statue of Liberty, its history and powerful symbolism, I
had the great good fortune to meet and interview Vartan
Gregorian, who was then the president of the New York Public
Library. After an extremely interesting and passionate
interview on the meaning behind the statue for an immigrant
like him--from Tabriz, Iran--Vartan took me on a long and
fascinating tour of the miles of stacks of the Library.
Finally, after galloping down one claustrophobic corridor
after another, he stopped and gestured expansively. ``This,''
he said, surveying his library from its guts, ``this is the
DNA of our civilization.''
I think he was saying that that library, indeed, all
libraries, archives, and historical societies are the DNA of
our society, leaving an imprint of excellence and intention
for generations to come. It occurs to me this morning, as we
consider the rich history of service and education of PBS,
that we must certainly include this great institution in that
list of the DNA of our civilization. That public television
is part of the great genetic legacy of our Nation. And
that cannot, should not, be denied us or our posterity.
PBS has consistently provided, with its modest resources,
and over more than three tumultuous decades, quite simply an
antidote to the vast wasteland of television programming
Newton Minnow so accurately described. We do things
differently. We are hardly a ``disappearing niche,'' as some
suggest, but a vibrant, galvanic force capable of sustaining
this experiment well into our uncertain future.
Some critics say that PBS is no longer needed in this
multi-channel universe, that our government has no business
in television or the arts and humanities, that we must let
the marketplace alone determine everything in our cultural
life, that a few controversial programs prove the political
bias of the public television community. I feel strongly that
I must address those assertions.
First let me share a few facts that might surprise you: As
a result of media consolidation, public stations are
frequently the last and only locally owned media operations
in their markets. Despite the exponential growth of
television options, 84 million people a week watch PBS--more
than any cable outlet. It is the number one choice of video
curriculum in the classroom and its non-violent, non-
commercial children's programs are the number one choice of
parents. Indeed, as commercial television continues in its
race to the bottom for ratings, PBS has earned the Nation's
trust to deliver programs that both entertain and educate and
that do so in a manner that the public consistently rates as
balanced and objective.
But above and beyond these facts that demonstrate the ways
in which PBS is more important than ever in helping to
address the public's needs today, there is a larger argument
to be made--one that is rooted in our Nation's history.
Since the beginning of this country, our government has
been involved in supporting the arts and the diffusion of
knowledge, which was deemed as critical to our future as
roads and dams and bridges. Early on, Thomas Jefferson and
the other founding fathers knew that the pursuit of happiness
did not mean a hedonistic search for pleasure in the
marketplace of things, but an active involvement of the mind
in the higher aspects of human endeavor--namely education,
music, the arts, and history--a marketplace of ideas.
Congress supported the journey of Lewis and Clark as much to
explore the natural, biological, ethnographic, and cultural
landscape of our expanding Nation as to open up a new trading
route to the Pacific. Congress supported numerous
geographical, artistic, photographic, and biological
expeditions to nearly every corner of the developing West.
Congress funded, through the Farm Securities Administration,
the work of Walker Evans and Dorothea Lange and other great
photographers who captured for posterity the terrible human
cost of the Depression. At the same time, Congress funded
some of the most enduring writing ever produced about this
country's people, its monuments, buildings, and back roads in
the still much used and admired WPA guides. Some of our
greatest symphonic work, our most treasured dramatic plays,
and early documentary film classics came from an earlier
Congress' support.
With Congress' great insight PBS was born and grew to its
startlingly effective maturity echoing the same time-honored
sense that our Government has an interest in helping to
sponsor Communication, Art and Education just as it sponsors
Commerce. We are not talking about a 100 percent sponsorship,
a free ride, but a priming of the pump, a way to get the
juices flowing, in the spirit of President Reagan's notion of
a partnership between the government and the private sector.
The Corporation for Public Broadcasting grant I got for the
Civil War series attracted even more funds from General
Motors and several private foundations; money that would not
have been there had not the Corporation for Public
Broadcasting blessed this project with their rigorously
earned imprimatur.
But there are those who are sure that without public
television, the so- called ``marketplace'' would take care of
everything; that what won't survive in the marketplace,
doesn't deserve to survive. Nothing could be further from the
truth. Because we are not just talking about the commerce of
a Nation. We are not just economic beings, but spiritual and
intellectual beings as well, and so we are talking about the
creativity of a Nation. Now, some forms of creativity thrive
in the marketplace and that is a wonderful thing, reflected
in our Hollywood movies and our universally popular music.
But let me say that the marketplace could not have made and
to this day could not make my Civil War series, indeed any of
the films I have worked on.
That series was shown on public television, outside the
marketplace, without commercial interruption, by far the
single most important factor for our insuring PBS's
continuing existence and for understanding the Civil War
series' overwhelming success. All real meaning in our world
accrues in duration; that is to say, that which we value the
most--our families, our work, the things we build, our art--
has the stamp of our focused attention. Without that
attention, we do not learn, we do not remember, we do not
care. We are not responsible citizens. Most of the rest of
the television environment has ignored this critical truth.
For several generations now, TV has disrupted our attention
every eight minutes (or less) to sell us five or six
different things, then sent us back, our ability to digest
all the impressions compromised in the extreme. The
programming on PBS in all its splendid variety, offers the
rarest treat amidst the outrageous cacophony of our
television marketplace--it gives us back our attention and
our memory. And by so doing, insures that we have a future.
The marketplace will not, indeed cannot, produce the good
works of PBS. Just as the
[[Page S8037]]
marketplace does not come to your house at 3:00 a.m. when it
is on fire or patrols the dangerous ground in Afghanistan and
Iraq. No, the marketplace does not and will not pay for our
fire departments or more important our Defense Department,
things essential to the safety, defense and well-being of our
country. It takes government involvement, eleemosynary
institutions, individual altruism, extra-marketplace effort
to get these things made and done. I also know, Mr. Chairman,
that PBS has nothing to do with the actual defense of our
country, I know that--PBS, I believe with every fiber of my
being, just helps make our country worth defending.
The meat and potatoes of public television reaches out to
every corner of the country and touches people in positive
ways the Federal Government rarely does. Recent research
suggests that PBS is the most trusted national institution in
the United States. Indeed, it would be elitist itself to
abolish public television, to trust to the marketplace and
the ``natural aristocracy'' that many have promised over the
last two hundred years would rise up to protect us all--and
hasn't. Those who labor in public television are not unlike
those in public service who sacrifice job security,
commensurate pay, and who are often misunderstood by a media
culture infatuated by their seemingly more glamorous
colleagues.
With regard to my own films, I have been quite lucky. The
Civil War series was public television's highest rated
program and has been described as one of the best programs in
the history of the medium. But that show, indeed all of my
films produced over the last quarter of a century, are only a
small part, a tiny fraction, of the legacy of PBS. If public
television's mission is severely hampered or curtailed, I
suppose I will find work, but not the kind that ensures good
television or speaks to the overarching theme of all my
films--that which we Americans all hold in common. But more
to the point, where will the next generation of filmmakers be
trained? By the difficult rigorous proposal process of CPB
and PBS or by the ``gotcha,'' hit and run standards of our
commercial brethren? I hope it will be the former.
The former Speaker of the House of Representatives Newt
Gingrich spoke eloquently and often of an American people
poised for the twenty-first century, endowed with a shared
heritage of sacrifice and honor and the highest ideals
mankind has yet advanced, but also armed with new
technologies that would enable us to go forward as one
people. I say to all who would listen that we have in public
television exactly what he envisions.
Unfortunately, some continue to believe that public
television is a hot-bed of thinking outside the mainstream. I
wonder, though, have they ever been to a PBS station? I doubt
it. PBS is the largest media enterprise in the world,
reaching into the most remote corners of every state in the
Union and enriching the lives of people of all backgrounds.
It is also the largest educational institution in the
country--because of national and local services that help
build school readiness, support schools, provide distance
learning, GED prep and essential workplace skills. Local
public television stations are essentially conservative
institutions, filled with people who share the concerns of
most Americans and who reflect the values of their own
communities. And Mr. Chairman, I know many people who
criticize us as too conservative, too middle of the road, too
safe.
And in a free society, the rare examples of controversy
that may run counter to our accepted cannon, or one group's
accepted cannon ought to be seen as a healthy sign that we
are a nation tolerant of ideas, confident--as the recent tide
of geo-political history has shown--that the best ideas will
always prevail.
One hundred and sixty-six years ago, in 1838, well before
the Civil War, Abraham Lincoln challenged us to consider the
real threat to the country, to consider forever the real cost
of our inattention: ``Whence shall we expect the approach of
danger?'' he wrote. ``Shall some transatlantic giant step the
earth and crush us at a blow? Never. All the armies of Europe
and Asia could not by force take a drink from the Ohio River
or make a track in the Blue Ridge in the trial of a thousand
years. No, if destruction be our lot, we must ourselves be
its author and finisher.'' As usual, Mr. Lincoln speaks to us
today with the same force he spoke to his own times.
The real threat always and still comes from within this
favored land, that the greatest enemy is, as our religious
teachings constantly remind us, always ourselves. Today, we
have become so dialectically preoccupied, stressing our
differences; black/white, left/right, young/old, in/out,
good/bad, that we have forgotten to select for the mitigating
wisdom that reconciles these disparities into honest
difference and collegiality, into a sense of belonging. And
we long, indeed ache, for institutions that suggest how we
might all be bound back to the whole. PBS is one such
institution.
The clear answer is tolerance, a discipline sustained in
nearly every gesture and breath of the public television I
know. We are a Nation that loses its way only when we define
ourselves by what we are against not what we are for. PBS is
that rare forum where more often than not we celebrate what
we are for; celebrate, why, against all odds, we Americans
still agree to cohere.
On the other hand, we in public television must not take
ourselves too seriously. Sometimes our greatest strength, our
earnestness and seriousness, has metastasized into our
greatest weakness. Usually a faithful and true companion,
that earnestness and seriousness is sometimes worked to
death. And Lord, how we sometimes like to see our mission as
the cure. I remember once, after giving an impassioned
defense of what we do at PBS, a man came up to me and said
simply, ``It's not brain surgery, you know.'' He was right,
of course, but sometimes we do effect subtler changes; help
in quotidian ways.
Not too long ago, on a perfect spring day, I was walking
with my oldest daughter through a park in a large American
city on the way to her college interview. We were taking our
time, enjoying the first warm day of the year, when a man of
about thirty, dressed in a three piece suit, approached me.
``You're Ken Burns.'' he asked. I nodded. ``I need to talk
to you about Baseball,'' he said under his breath. ``Okay.''
I hesitated. Then, he blurted out: ``My brother's daughter
died.'' I took a step backward, stepping in front of my
daughter to protect her. ``Okay,'' I said tentatively. I
didn't know what else to say. ``SIDS.'' he said. ``Crib
death. She was only one.'' ``I'm so sorry,'' I said. ``I have
daughters.''
``I didn't know what to do,'' he said in a halting, utterly
sad voice. ``My brother and I are very close. Then I thought
of your film. I went home to our mother's house, got our
baseball mitts, and went to my brother's. I didn't say a
word. I handed him his mitt and we went out into the backyard
and we played catch wordlessly for an hour. Then I went home.
. . . I just wanted to thank you.''
Maybe it is brain surgery.
Mr. Chairman, most of us here, whether we know it or not,
are in the business of words. And we hope with some
reasonable expectations that those words will last. But alas,
especially today, those words often evaporate, their
precision blunted by neglect, their insight diminished by the
shear volume of their ever increasing brethren, their force
diluted by ancient animosities that seem to set each group
against the other.
The historian Arthur Schlesinger, Jr. has said that we
suffer today from ``too much pluribus, not enough unum.'' Few
things survive in these cynical days to remind us of the
Union from which so many of our personal as well as
collective blessings flow. And it is hard not to wonder, in
an age when the present moment overshadows all else--our
bright past and our unknown future-- what finally does
endure? What encodes and stores that genetic material of our
civilization, passing down to the next generation--the best
of us--what we hope will mutate into betterness for our
children and our posterity.
PBS holds one clear answer. It is the best thing we have in
our television environment that reminds us why we agree to
cohere as a people. And that is a fundamentally good thing.
Nothing in our daily life offers more of the comfort of
continuity, the generational connection of belonging to a
vast and complicated American family, the powerful sense of
home, and the great gift of accumulated memory than does this
great system which honors me by counting me a member one of
its own.
______
By Mr. CHAFEE (for himself, Mr. Reed, Mr. Kerry, and Mr.
Kennedy):
S. 2646. A bill to direct the Director of the National Park Service
to prepare a report on the sustainability of the John H. Chafee
Blackstone River Valley National Heritage Corridor and the John H.
Chafee Blackstone River Valley National Heritage Commission; to the
Committee on Energy and Natural Resources.
Mr. CHAFEE: Mr. President, I am joined today by Senators Reed,
Kennedy and Kerry in introducing legislation that would study the
sustainability of the John H. Chafee Blackstone River Valley National
Heritage Corridor.
Established in 1986, the Blackstone Heritage Corridor recognizes the
national and historical significance of the Blackstone region as the
birthplace of the American Industrial Revolution. At the time of its
inception, the Blackstone Corridor represented an entirely new approach
for the National Park Service (NPS). Instead of designating the area as
a unit of the National Park System, the Blackstone Corridor became an
innovative model for how the NPS could work with States and local
communities in recognizing and interpreting the history and resources
of a region. Spanning two States and encompassing twenty communities
and half a million people, the Corridor represents a unique partnership
between the NPS, the States of Rhode Island and Massachusetts, and the
local communities.
Charged with overseeing the Corridor, federally-appointed State and
local representatives form the Blackstone Corridor Commission and work
with the NPS to carry out the mission of preserving and interpreting
the
[[Page S8038]]
unique resources and qualities of the Blackstone Valley. During the
Commission's tenure, strong partnerships with local governments,
private investors, and community stakeholders have been formed,
introducing millions of dollars in private investment for heritage-
related projects into the local economy. The success of the Corridor
can be attributed to the dedication and hard work of the NPS and the
Corridor Commission in bringing communities together to realize the
common goals of revitalized communities, historic and economic
restoration, and an improved environment. All this has been
accomplished with a relatively small amount of Federal funding that has
been leveraged many times over by State, local, and private sector
dollars.
On a daily basis, the NPS and Corridor Commission are working
directly with community stakeholders to transform the Blackstone
Corridor; raise its economic and environmental status; and preserve the
historic mill buildings, riverfronts, and town centers of the
Blackstone River Valley. The ongoing success of the Blackstone
Corridor, and the Federal Government's role in the region's many
triumphs, underscore our interest in determining a future role for the
Corridor Commission and NPS in the Blackstone Valley beyond the
existing sunset date.
With authority for the Corridor Commission set to expire in November
2006, we are introducing legislation today that would authorize the NPS
to conduct a sustainability study exploring future options for the
Blackstone Corridor. We are asking that the agency conduct this study
within a one-year timeframe, utilizing annual funds that have been
appropriated for the Commission. The John H. Chafee Blackstone River
Valley National Heritage Corridor Sustainability Study includes the
following components: An evaluation of the progress that has been made
in accomplishing the strategies and goals set forth in the Cultural
Heritage and Land Management Plan for the Blackstone Corridor,
including historic preservation, interpretation and education,
environmental recovery, recreational development, and economic
improvement; an analysis of the NPS's investment in the Corridor during
its lifetime and a determination as to how these Federal funds have
leveraged additional State, local and private sector funding; an
analysis of the NPS's investment in the Corridor during its lifetime
and a determination as to how these Federal funds have leveraged
additional State, local and private sector funding; an anslysis of the
Commission form of authority and management structure for the
Blackstone Corridor; and, an identification and evaluation of options
for a permanent NPS designation or a State park or regional entity as a
sustainable framework to achieve the national interest of the
Blackstone Valley.
I look forward to working closely with the cosponsors of this bill,
as well as members of the Committee on Energy and Natural Resources and
my Senate colleagues in moving this legislation forward in the months
ahead.
I ask by unanimous consent that the text of the legislation be
printed in the Record.
There being no objection the bill was ordered to be printed in the
Record as follows:
S. 2646
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John H. Chafee Blackstone
River Valley National Heritage Corridor Sustainability Report
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Blackstone River Valley National Heritage Corridor
(redesignated the John H. Chafee Blackstone River Valley
National Heritage Corridor in 1999) was established in 1986
in recognition of the national importance of the region as
the birthplace of the American Industrial Revolution;
(2) the Corridor has become a national model of how the
National Park Service can work cooperatively with local
communities and a multi-agency partnership to create a
seamless system of parks, preserved historic sites, and open
spaces that enhance the protection and understanding of
America's heritage, without Federal ownership and
regulations;
(3) the Corridor is managed by a bi-State, 19-member
Federal commission representing Federal, State and local
authorities from the Commonwealth of Massachusetts and the
State of Rhode Island whose mandate has been to implement an
approved integrated resource management plan;
(4) the authorization and funding for the John H. Chafee
Blackstone River Valley National Heritage Commission are
scheduled to expire in November 2006, while the Federal
designation of the area and its boundaries continues in
perpetuity; and
(5) the National Park System Advisory Board will be
reviewing the future of all national heritage areas and
making recommendations to the Director of the National Park
Service and the Secretary of the Interior.
(b) Purposes.--The purposes of this Act are--
(1) to explore the options for preserving, enhancing, and
interpreting the resources of the John H. Chafee Blackstone
River Corridor and the partnerships that sustain those
resources; and
(2) to direct the Director of the National Park Service to
submit to Congress a report that--
(A) analyzes the sustainability of the Corridor; and
(B) provides recommendations for the future of the
Corridor.
SEC. 3. DEFINITIONS.
In this Act:
(1) Corridor.--The term ``Corridor'' means the John H.
Chafee Blackstone River Valley National Heritage Corridor.
(2) Commission.--The term ``Commission'' means the John H.
Chafee Blackstone River Valley National Heritage Commission.
(3) Director.--The term ``Director'' means the Director of
the National Park Service.
SEC. 4. REPORT.
(a) In General.--The Director shall prepare a report on the
sustainability of the Corridor.
(b) Components.--The report prepared under subsection (a)
shall--
(1) document the progress that has been made in
accomplishing the purpose of Public Law 99-647 (6 U.S.C. 461
note; 100 Stat. 3625) and the strategies and goals set forth
in the Cultural Heritage and Land Management Plan for the
Corridor, including--
(A) historic preservation;
(B) interpretation and education;
(C) environmental recovery;
(D) recreational development; and
(E) economic improvement;
(2) based on the results documented under paragraph (1),
identify further actions and commitments that are needed to
protect, enhance, and interpret the Corridor;
(3)(A) determine the extent of Federal funding provided to
the Corridor; and
(B) determine how the Federal funds have leveraged
additional Federal, State, local, and private funding for the
Corridor since the establishment of the Corridor; and
(4)(A) evaluate the Commission form of authority and
management structure for the Corridor, as established by
Public Law 99-647 (6 U.S.C. 461 note; 100 Stat. 3625); and
(B) identify and evaluate options for a permanent National
Park Service designation or a State park or regional entity
as a sustainable framework to achieve the national interest
of the Blackstone Valley.
(c) Coordination.--To the maximum extent practicable, the
Director shall prepare the report in coordination with the
National Park System Advisory Board.
(d) Submission to Congress.--Not later than 1 year after
the date on which funds are made available to carry out this
Act, the Director shall submit to the Committee on Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate the report prepared under
subsection (a).
(e) Funding.--Funding to prepare the report under this Act
shall be made available from annual appropriations for the
Commission.
______
By Mr. HOLLINGS (for himself, Mr. Stevens, Mr. Inouye, and Mr.
Gregg):
S. 2647. A bill to establish a national ocean policy, to set forth
the missions of the National Oceanic and Atmospheric Administration, to
ensure effective interagency coordination, and for other purposes; to
the Committee on Commerce, Science, and Transportation.
Mr. HOLLINGS. Mr. President, today I rise to introduce the National
Ocean Policy and Leadership Act, which is co-sponsored by my colleagues
Senators Stevens and Inouye. The passage of this bill would mark a
brand new day for our oceans and an important new chapter in Federal
management of these waters.
Our oceans are critical to the economic and environmental security of
our Nation. This is why I sponsored the Oceans Act of 2000, along with
several of my distinguished colleagues. The Oceans Act created a
Commission of national experts to conduct a rigorous assessment of
ocean and coastal issues and offer their recommendations for a
coordinated national ocean policy. The U.S. Commission on Ocean Policy,
chaired by Admiral James Watkins, released its preliminary report in
April and will issue its final report later this summer.
The Ocean Commission strongly urged us to pay more attention to our
[[Page S8039]]
ocean planet. Our oceans cover seven-tenths of the Earth's surface and
are home to 80 percent of all life forms on Earth, holding incredible
promise of new medicines, technologies, and ecological resources.
However, 95 percent of the deep ocean remains unexplored and the
Federal government spends only 3.5 percent of its research budget on
oceans. Each day, more than 3,000 people move to coastal areas and
these population and development pressures are resulting in degraded
coastal habitat, polluted estuaries, and an increased risk of damage
from coastal storms. Our fish stocks are being depleted, our corals are
dying, and the number of oxygen-starved ``dead zones'' in our coastal
waters have doubled in the past 15 years.
The Ocean Commission appropriately acknowledges the importance of the
oceans to our Nation. It champions the notion that major changes are
needed now if we are to preserve our marine resources for future
generations. Among these urgent changes is a need to invest in ocean
research and education in order to lay a foundation for the future.
Even more importantly, the report stresses the need to improve the
management framework governing our oceans and coasts, starting with the
strengthening of the National Oceanic and Atmospheric Administration
(NOAA) into the Nation's premier civilian ocean agency. These were some
of the themes Admiral Watkins testified to at hearings on the
preliminary report before the Committees on Commerce, Science and
Transportation and Appropriations Committee on April 22 and 23, 2004.
The preliminary recommendations of the Ocean Commission were heard
loud and clear in the Senate. I could not be more supportive of the
need to strengthen NOAA and improve Federal coordination on ocean and
coastal issues. That is why I am pleased to be introducing the National
Ocean Policy and Leadership Act today.
The National Ocean Policy and Leadership Act provides a vision to
guide this Nation's management of the oceans. It outlines a National
Ocean Policy that articulates national oceanic and atmospheric policy
goals to guide all federal agency activities. These include concepts
such as ecosystem-based management, integration of land-water-air
activities, and preservation of marine biodiversity. This vision also
includes preserving the role of the United States as a global leader in
ocean, atmospheric and climate-related activities.
The National Ocean Policy and Leadership Act also provides a NOAA
Organic Act to strengthen, clarify and codify NOAA's missions.
Specifically, it confirms that NOAA is the lead federal agency
responsible for oceanic, weather, and atmospheric issues. Consistent
with the original recommendations of the 1969 Stratton Commission, the
bill also establishes NOAA as an independent agency, and legislatively
establishes a coherent and accountable line office structure headed by
the NOAA Administrator. As recommended by the Commission, the bill
would also encourage NOAA to streamline its line office structure,
focus on integrated approaches, and organize its regional activities
around common eco-regional boundaries. It also gives NOAA a firm hand
in working with other agencies to reduce programmatic overlap, conflict
and duplication.
Making NOAA independent is a tall order, and has raised questions
from some of my colleagues, including those who believe that NOAA
should one day be independent. I believe in the long term, the Nation
will need an agency dedicated to addressing our oceanic and atmospheric
environments--whether an independent NOAA or a Department of the Oceans
and Environment. This bill thus provides for a transition period for
reorganization of the agency, as well as a Presidential plan for future
action. I look forward to working with our Chairman, Senator McCain,
and other colleagues on options for moving forward on this bill that
will minimize disruption for the agency, but ensure we achieve our
shared long-term goal.
Strengthening NOAA is only one piece of the puzzle. More than half of
the Federal cabinet-level departments, plus four independent agencies,
conduct programs or activities that affect oceans and coasts. Title III
of the bill establishes formal mechanisms to force Federal agencies to
coordinate budgets and programs and work cooperatively on cross-cutting
activities that cannot be addressed by a single agency. It establishes
a Council on Ocean Stewardship in the White House to bring Federal
agencies together. It also adopts the Commission's recommendation of
creating a non-Federal Presidential Panel of Advisors on Oceans and
Climate to provide advice to the Council and NOAA. This title also sets
the stage for future improvements in Federal ocean policy by directing
the President to submit a plan to further strengthen NOAA, including
elevation of the agency to departmental status and by transferring
relevant ocean and atmospheric programs to NOAA.
The National Ocean Policy and Leadership Act provides the vision and
management framework to guide Federal ocean policy well into the 21st
century. The valuable work of the Ocean Commission has provided us with
an extraordinary opportunity to re-shape federal ocean policy and meet
the challenges that lay before us so that future generations may enjoy
the same marine resources we enjoy today. It is critically important
that we do not delay implementation of the Commission's
recommendations. We can start right now with passage of this bill. I
hope our colleagues will join us in co-sponsoring this measure.
I ask unanimous consent that the text of this bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2647
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Ocean Policy and
Leadership Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Title I--National Ocean Policy
Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Policy.
Title II--National Oceanic and Atmospheric Administration
Sec. 201. Establishment.
Sec. 202. Functions and Purposes.
Sec. 203. National Oceanic and Atmospheric Administration.
Sec. 204. Responsibilities of the Administrator.
Sec. 205. Powers of the Administrator.
Sec. 206. Enforcement.
Sec. 207. Regional capabilities.
Sec. 208. Intergovernmental coordination.
Sec. 209. International consultation and coordination.
Sec. 210. Report on oceanic and atmospheric conditions and trends.
Sec. 211. Conforming amendments and appeals.
Sec. 212. Savings provision.
Sec. 213. Transition.
Title III--Federal Coordination and Advice
Sec. 301. Council on Ocean Stewardship.
Sec. 302. Membership.
Sec. 303. Functions of Council.
Sec. 304. National priorities for coordination.
Sec. 305. Employees.
Sec. 306. Biennial report to Congress.
Sec. 307. Presidential panel of advisors on oceans and climate.
Sec. 308. Federal program recommendations.
Sec. 309. Implementation.
Sec. 310. No effect on other authorities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of NOAA.
(2) Coastal Region.--The term ``coastal region'' means the
coastal zone as defined in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453) and coastal watershed
areas that have significant impact on such coastal zones.
(3) NOAA.--The term ``NOAA'' means the National Oceanic and
Atmospheric Administration.
(4) Oceans.--The term ``ocean'' includes coastal areas, the
Great Lakes, the seabed, subsoil, and waters of the
territorial sea of the United States, the waters of the
exclusive economic zone of the United States; the waters of
the high seas; and the seabed and subsoil of and beyond the
Outer Continental Shelf marine environment, and the natural
resources therein.
(5) Person.--The term ``person'' has the meaning given that
term by section 1 of title 1, United States Code, but also
means any State, political subdivision of a State, or agency
or officer thereof.
(6) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto
[[Page S8040]]
Rico, the Virgin Islands, Guam, American Samoa, or any other
Commonwealth, territory, or possession of the United States.
TITLE I--NATIONAL OCEAN POLICY
SEC. 101. FINDINGS.
The Congress finds the following:
(1) Covering more than two-thirds of the Earth's surface,
the oceans play a critical role in the global water cycle and
in regulating climate, sustain a large part of Earth's
biodiversity, provide an important source of food and a
wealth of other natural products, act as a frontier for
scientific exploration, are critical to national and economic
security, and provide a vital means of transportation. The
coastal regions of the United States have remarkably high
biological productivity and contribute approximately 50
percent of the gross domestic product of the United States.
(2) The oceans and the atmosphere are susceptible to change
as a direct and indirect result of human activities, and such
changes can significantly impact the ability of the oceans
and atmosphere to provide the benefits upon which the Nation
depends. Changes in ocean and atmospheric processes could
affect global climate patterns, ecosystem productivity,
health, and biodiversity, environmental quality, national
security, economic competitiveness, availability of energy,
vulnerability to natural hazards, and transportation safety
and efficiency.
(3) Ocean resources are not infinite, and human pressure on
them is increasing. One half of the Nation's population lives
within 50 miles of the coast. If population trends continue
as expected, coastal development and urbanization impacts,
which can be substantially greater than population impacts
alone, will present serious environmental, energy, and water
challenges and increase our vulnerability to coastal hazards.
(4) Emissions of greenhouse gases and aerosols due to human
activities continue to alter the oceans and atmosphere in
ways that are expected to affect the climate, with adverse
impacts on human health and the Nation's economic and
environmental security. In some coastal regions, air
deposition contributes between 30 - 50 percent of pollutant
loadings to such areas. Improved understanding of such
factors and ideas for mitigating any adverse impacts are
urgently needed.
(5) There are enormous opportunities for science and
technology to uncover new sources of energy, food, and
pharmaceuticals from the oceans, and to increase general
understanding of the planet including its atmosphere and
climate. Realization of such benefits is jeopardized by a
variety of activities and practices that have reduced the
health and productivity of ocean and atmospheric systems,
including pollution, unsustainable harvesting practices,
increasing coastal development, and proliferation of harmful
and invasive marine species.
(6) Threats to the oceans and atmosphere are exacerbated by
the legal and geographic fragmentation of authority within
the Federal government. Over half of the existing 15
departments and several independent agencies conduct
activities and programs relating to ocean and atmosphere,
including climate change activities. Efforts to understand
and effectively address emerging ocean and atmospheric
problems, including through existing coordination mechanisms,
have not been adequate.
(7) Improving and coordinating Federal governance will
require close partnerships with States, taking into account
their public trust responsibilities, economic and ecological
interests in ocean resources, and the role of State and local
governments in implementation of ocean policies, and managing
use of coastal lands and ocean resources.
(8) Effective enforcement of the laws to protect and
enhance the marine environment, coastal security, and the
Nation's natural resources, particularly through marine
safety, fisheries enforcement, aids to navigation, and
hazardous materials spill response activities is needed to
ensure achievement of management goals, and priority should
be given to increasing marine enforcement and compliance
through coordinated Federal and State actions.
(9) It is the continuing mission of the Federal Government
to create, foster, and maintain conditions, incentives, and
programs that will further and assure the sustainable and
effective conservation, management, and protection of the
oceans and atmosphere, in order to fulfill the responsibility
of each generation as trustee in protecting, and ensuring
that, such resources will be available to meet the needs of
future generations of Americans.
(10) This policy and mission can best be carried out and
realized by formal establishment of a strengthened and
expanded lead Federal civilian agency dedicated to ocean and
atmospheric matters, and by undertaking the functions,
programs, and activities of the Federal Government with
respect to the conservation, management, and protection of
the oceans and atmosphere, including monitoring, forecasting,
and assessment, in a coordinated manner and in accordance
with a national ocean policy.
SEC. 102. PURPOSES.
The purposes of this Act are--
(1) to set forth a national policy relating to oceans and
atmosphere, and, through an organic act, formally to
establish the National Oceanic and Atmospheric Administration
as the lead Federal agency concerned with ocean and
atmospheric matters;
(2) to establish in the National Oceanic and Atmospheric
Administration, by statute, the authorities, functions, and
powers relating to the conservation, management, and
protection of the oceans and atmosphere which have previously
been established by statute or reorganization plan;
(3) to set forth the duties and responsibilities of the
Administration, and the principal officers of the
Administration;
(4) to establish a mechanism for Federal leadership and
coordinated action on national ocean and atmospheric
priorities that are essential to the economic and
environmental security of the Nation; and
(5) to enhance Federal partnerships with the State and
local governments with respect to ocean activities, include
management of ocean resources and identification of
appropriate opportunities for policy-making and decision
making at the State and local level.
SEC. 103. POLICY.
It is the policy of the United States to establish and
maintain for the benefit of the Nation a coordinated,
comprehensive, and long-range national program of ocean and
atmospheric research, conservation, management, education,
monitoring, and assessment that will--
(1) recognize the linkage of ocean, land, and atmospheric
systems, including the linkage of those systems with respect
to climate change;
(2) protect life and property against natural and manmade
hazards, including protection through weather and marine
forecasts and warnings;
(3) protect, maintain, and restore the long-term health,
productivity, and diversity of the ocean environment,
including its natural resources and to prevent pollution of
the ocean environment;
(4) ensure responsible and sustainable use of fishery
resources and other ocean and coastal resources held in the
public trust, using ecosystem-based management and a
precautionary and adaptive approach;
(5) assure sustainable coastal development based on
responsible State and community management and planning, and
reflecting the economic and environmental values of ocean
resources;
(6) develop improved scientific information and use of the
best scientific information available to make decisions
concerning natural, social, and economic processes affecting
ocean and atmospheric environments;
(7) enhance sustainable ocean-related and coastal-dependent
commerce and transportation, balancing multiple uses of the
ocean environment;
(8) provide for continued investment in and improvement of
technologies for use in ocean and climate-related activities,
including investments and technologies designed to promote
national economic, environmental, and food security;
(9) expand human knowledge of marine and atmospheric
environments and ecosystems, including the role of the oceans
in climate and global environmental change, the
interrelationships of ocean health and human health, and the
advancement of education and training in fields related to
ocean, coastal, and climate-related activities;
(10) facilitate a collaborative approach that encourages
the participation of a diverse group of stakeholders and the
public in ocean and atmospheric science and policy, including
persons from under-represented groups;
(11) promote close cooperation among all government
agencies and departments, academia, nongovernmental
organizations, private sector and stakeholders based on this
policy to ensure coherent, accountable, and effective
planning, regulation, and management of activities affecting
oceans and atmosphere, including climate; and
(12) promote governance and management of the nations ocean
resources through a partnership of the Federal Government
with States, territories, and Commonwealths that reflects
their public trust responsibilities and interest in ocean
environmental, cultural, historic, and economic resources.
(13) preserve the role of the United States as a global
leader in ocean, atmospheric, and climate-related activities,
and the cooperation in the national interest by the United
States with other nations and international organizations in
ocean and climate-related activities.
TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
SEC. 201. ESTABLISHMENT.
There is established an agency which shall be known as the
National Oceanic and Atmospheric Administration, which shall
be the civilian agency principally responsible for providing
oceanic, weather, and atmospheric services and supporting
research, conservation, management, and education to the
nation. The National Oceanic and Atmospheric Administration
established under this Act shall succeed the National Oceanic
and Atmospheric Administration established on October 3,
1970, in Reorganization Plan No. 4 of 1970 and shall continue
the activities of that agency as it was in existence on the
day before the effective date of this Act.
SEC. 202. FUNCTIONS AND PURPOSES.
(a) In General.--NOAA shall be responsible for the
following functions, through which it shall carry out the
policy of this Act in a coordinated, integrated, and
ecosystem-based manner for the benefit of the Nation:
(1) Management, conservation, protection, and restoration
of ocean resources, including
[[Page S8041]]
living marine resources, habitats and ocean ecosystems;
(2) Observation, monitoring, assessment, forecasting,
prediction, operations and exploration for ocean and
atmospheric environments including weather, climate,
navigation and marine resources; and
(3) Research, education and outreach, technical assistance,
and technology development and innovation activities relating
to ocean and atmospheric environments including basic
scientific research and activities that support other agency
functions and missions.
(b) Transfer of Functions.--There shall be transferred to
the Administrator any authority established by law that,
before the date of enactment of this Act, was vested in the
Secretary of Commerce and pertains to the functions,
responsibilities, or duties of NOAA under subsection (a).
SEC. 203. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(a) Administrator.--
(1) Appointment.--NOAA shall be administered by the
Administrator, who shall be appointed by the President, by
and with the advice and consent of the Senate.
(2) Compensation.--The Administrator shall be compensated
at the rate provided for level II of the Executive Schedule
under section 5314 of title 5, United States Code.
(3) Qualifications.--The Administrator shall have a broad
background, professional knowledge, and substantial
experience in oceanic or atmospheric affairs, including any
field relating to marine or atmospheric science and
technology, biological sciences, engineering, as well as
education, economics, governmental affairs, planning, law, or
international affairs.
(4) Authority.--The Administrator shall carry out all
functions transferred to the Administrator by this Act and
shall have authority and control over all personnel,
programs, and activities of NOAA.
(b) Deputy Administrator.--There shall be a Deputy
Administrator, who shall be appointed by the President, by
and with the advice and consent of the Senate, based on the
individual's professional qualifications and without regard
to political affiliation. The Deputy Administrator shall have
a broad background, professional knowledge, and substantial
experience in oceanic or atmospheric policy or programs,
including science, technology, and education. The Deputy
Administrator shall serve as an adviser to the Administrator
on program and policy issues, including crosscutting program
areas such as research, technology, and education and shall
perform such functions and exercise such powers as the
Administrator may prescribe. The Deputy Administrator shall
act as Administrator during the absence or disability of the
Administrator in the event of a vacancy in the office of
Administrator. The Deputy Administrator shall be the
Administrator's first assistant for purposes of subchapter
III of chapter 33 of title 5, United States Code, and shall
be compensated at the rate provided for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code.
(c) Associate Administrator for Ocean Management and
Operations.--There shall be in NOAA an Associate
Administrator for Ocean Management and Operations, who shall
be appointed by the President, by and with the advice and
consent of the Senate. The Associate Administrator for Ocean
Management and Operations shall have a broad background,
professional knowledge, and substantial experience in oceanic
or atmospheric policy or programs, and shall perform such
duties and exercise such powers as the Administrator shall
from time to time designate. The Associate Administrator
shall be compensated at the rate provided for level V of the
Executive Schedule under section 5315 of title 5, United
States Code.
(d) Associate Administrator for Climate and Atmosphere.--
There shall be in NOAA an Associate Administrator for Climate
and Atmosphere, who shall be appointed by the President, by
and with the advice and consent of the Senate. The Associate
Administrator for Climate and Atmosphere shall have a broad
background, professional knowledge, and substantial
experience in oceanic or atmospheric policy or programs, and
shall perform such duties and exercise such powers as the
Administrator shall from time to time designate. The
Associate Administrator shall be compensated at the rate
provided for level V of the Executive Schedule under section
5315 of title 5, United States Code.
(e) Chief Operating Officer.--There shall be a Chief
Operating Officer of NOAA, who shall assume the
responsibilities held by the Deputy Undersecretary of
Commerce prior to enactment of this Act. The Chief Operating
Officer shall be responsible for ensuring the timely and
effective implementation of NOAA's purposes and authorities
and shall provide resource, budget, and management support to
the Office of the Administrator. The Chief Operating Officer
shall be responsible for all aspects of NOAA operations and
management, including budget, financial operations,
information services, facilities, human resources,
procurements, and associated services. The Chief Operating
Officer shall be a Senior Executive Service position
authorized under section 3133 of title 5, United States Code.
(f) Assistant Administrators.--There shall be in NOAA at
least 3, but no more than 4, Assistant Administrators. The
Assistant Administrators shall perform such programmatic and
policy functions as the Administrator shall from time to time
assign or delegate, and shall have background, professional
knowledge, and substantial experience in 1 or more of the
following aspects of ocean and atmospheric affairs:
(1) Resource management, protection, and restoration.
(2) Operations, forecasting, and services (including
weather and climate).
(3) Science, technology, and education.
(g) General Counsel.--There shall be in NOAA a General
Counsel appointed by the President upon recommendation by the
Administrator. The General Counsel shall serve as the chief
legal officer for all legal matters which may arise in
connection with the conduct of the functions of NOAA.
(h) Commissioned Officers.--
(1) The Administrator shall designate an officer or
officers to be responsible for oversight of NOAA's vessel and
aircraft fleets and for the administration of NOAA's
commissioned officer corps under section 228 of the National
Oceanic and Atmospheric Administration Commissioned Officer
Corps Act of 2002 (33 U.S.C. 3028).
(2) The Commissioned Officer Corps of the National Oceanic
and Atmospheric Administration established by Reorganization
Plan No. 4 of October 3, 1970, is the Commissioned Officer
Corps of NOAA established under this Act.
(3) All statutes that applied to officers of the
Commissioned Officers Corps of NOAA on the day before the
date of enactment of this Act apply to officers of the Corps
on and after such date.
(4) There are authorized to be on the lineal list of the
Commissioned Officers Corps of NOAA at least 350 officers,
plus any additional officers necessary to support NOAA's
missions and the operation and maintenance of NOAA's ships
and aircraft.
(5) The President may appoint in NOAA, by and with the
advice and consent of the Senate, 2 commissioned officers to
serve at any one time as the designated heads of 2 principal
constituent organizational entities of NOAA, or the President
may designate 1 such officer as the head of such an
organizational entity and the other as the head of the
commissioned corps of NOAA. Any such designation shall create
a vacancy on the active list and the officer while serving
under this subsection shall have the rank, pay, and
allowances of a rear admiral (upper half).
(6) Any commissioned officer of NOAA who has served under
paragraph (5) and is retired while so serving or is retired
after the completion of such service while serving in a lower
rank or grade, shall be retired with the rank, pay, and
allowances authorized by law for the highest grade and rank
held by him, but any such officer, upon termination of his
appointment in a rank above that of captain, shall, unless
appointed or assigned to some other position for which a
higher rank or grade is provided, revert to the grade and
number he would have occupied had he not served in a rank
above that of captain and such officer shall be an extra
number in that grade.
(i) Naval Deputy.--The Secretary of the Navy may detail a
Naval Deputy to the Administrator. This position shall be
filled on an additional duty basis by the Oceanographer of
the Navy. The Naval Deputy shall--
(1) act as a liaison between the Administrator and the
Secretary of the Navy in order to avoid duplication between
Federal oceanographic and atmospheric activities; and
(2) ensure coordination and joint planning by NOAA and the
Navy on research, meteorological, oceanographic, and
geospatial information services and programs of mutual
organizational interest.
SEC. 204. RESPONSIBILITIES OF THE ADMINISTRATOR.
In addition to administering and carrying out all
activities, programs, functions and duties, and exercising
those powers, that are assigned, delegated, or transferred to
the Administrator by this Act, any other statute, or the
President, the responsibilities of the Administrator
include--
(1) management, conservation, protection, and restoration
of ocean resources, including--
(A) living marine resources (including fisheries,
vulnerable species and habitats, and marine biodiversity);
(B) ocean areas (including marine sanctuaries, estuarine
reserves, and other managed areas);
(C) marine aquaculture;
(D) protection of ocean environments from threats to human
and ecosystem health, including pollution and invasive
species;
(E) sustainable management, beneficial use, protection, and
development of coastal regions; and
(F) mitigation of impacts of natural and man-made hazards
including climate change.
(2) partnering with and supporting State and local
communities in undertaking management, conservation,
protection, and restoration of ocean resources described in
subsection (1).
(3) observation, analysis, processing, and communication of
comprehensive data and information concerning the State of--
(A) the upper and lower atmosphere;
(B) the oceans and resources thereof; and
(C) the earth and near space environment;
(4) collection, storage, analysis, and provision of
reliable scientific information relating to weather
(including space weather), climate, air quality, water,
navigation, marine resources, and ecosystems that can be used
as a basis for sound management, policy, and public safety
decisions;
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(5) broadly based data, observing, monitoring, and
information activities, programs and systems relating to
oceanic and atmospheric monitoring and prediction, weather
forecasting, and storm warning, including satellite-based and
in-situ data collection and associated services;
(6) weather forecasting, storm warnings, and other
responsibilities of the Secretary of Commerce and the
National Weather Service under Reorganization Plan No. 2 of
1965, Reorganization Plan No. 4 of 1970, sections 3 and 4 of
the Act of October 1, 1890 (15 U.S.C. 312 and 313) and the
Weather Service Modernization Act (15 U.S.C. 313 note), and
all other statutes, rules, plans, and orders in pari materia;
(7) providing navigation and assessment operations and
services, including maps and charts for the safety of marine
and air navigation, maintaining a network of geographic
reference coordinates for geodetic control, and observing,
charting, mapping, and measuring the marine environment and
ocean resources;
(8) developing and improving geodetic and mapping methods
and studies of geophysical phenomena such as crustal
movement, earth tides, and ocean circulation, including
estuarine areas;
(9) collecting, disseminating, and maintaining on a
continuing basis information relating to the status, trends,
health, use, and protection of the oceans and the atmosphere,
to all interested parties, including through an integrated
ocean observing system and national and regional ecosystem-
based information management systems;
(10) administering, operating, and maintaining satellite
and in-situ systems that can monitor global and regional
atmospheric weather conditions, climate and related oceanic,
solar, hydrological, and other environmental conditions,
collect information required for research on weather,
climate, and related environmental matters, and monitor the
extent of human-induced changes in the lower and upper
atmosphere and the related environment;
(11) collecting, analyzing, and disseminating environmental
information, in support of environmental research and
development, including data in the fields of climatology,
atmospheric sciences, oceanography, biology, geology,
geophysics, solar-terrestrial relationships, and the
relationship among oceans, climate, and human health;
(12) undertaking a comprehensive, integrated, and
ecosystem-based program of ocean, climate, and atmospheric
research related to, and supportive of the missions of NOAA
and which uses research products, new findings, and
methodologies to develop the most current scientific advice
for ecosystem-based management;
(13) conducting environmental research and development
activities that are necessary to advance the Nation's ocean,
atmospheric, engineering and technology expertise, including
the development and operation of observing platforms such as
ships, aircraft, satellites, data buoys, manned or unmanned
research submersibles, underwater laboratories or platforms,
and improved instruments and calibration methods, and the
advancement of undersea diving techniques;
(14) conducting a continuing program of ocean exploration,
discovery and conservation of significant undersea resources,
including cultural resources, to benefit, inform, and inspire
the American people, including communication of such
knowledge to policymakers and the public;
(15) developing and implementing, in cooperation with other
agencies and entities as appropriate, national ocean and
atmospheric education, technical assistance, extension
services, and outreach programs designed to increase literacy
concerning ocean and atmospheric issues, develop a diverse
work force, and enhance stewardship of ocean and atmospheric
resources and environments;
(16) ensuring the execution and implementation of national
ocean, atmospheric, and environmental policy goals through a
variety of ocean and atmospheric programs;
(17) undertaking activities involving the integration of
domestic and international policy relating to the oceans and
the atmosphere, including the provision of technical advice
to the President on international negotiations involving
ocean resources, ocean technologies, and climate matters;
(18) providing for, encouraging, and assisting public
participation in the development and implementation of ocean
and atmospheric policies and programs;
(19) conducting, supporting, and coordinating efforts to
enhance public awareness of the National Oceanic and
Atmospheric Administration, its purposes, programs,
activities and the results thereof, including education and
outreach to the public, teachers, students, and ocean
resource managers;
(20) partnering with other government agencies, States,
academia, and the private sector, via cooperative agreements
or other formal or informal arrangements, to improve the
acquisition of data and information and the implementation of
management, monitoring, research, exploration, education, and
other programs;
(21) partnering with other Federal agencies and with States
and communities to address the issues of land-based
activities and their impact on the ocean environment; and
(22) coordination with other Federal agencies having
related responsibilities.
SEC. 205. POWERS OF THE ADMINISTRATOR.
(a) Delegation.--Unless otherwise prohibited by law or
reserved by the Secretary of Commerce, the responsibilities
of the Administrator may be delegated by the Administrator to
other officials in NOAA, and may be redelegated as authorized
by the Administrator.
(b) Regulations.--The Administrator is authorized to issue,
amend, and rescind such rules and regulations as are
necessary or appropriate to carry out the responsibilities
and functions of the Administrator. The promulgation of such
rules and regulations shall be governed by the provisions of
chapter 5 of title 5, United States Code.
(c) Contracts.--The Administrator is authorized, without
regard to section 3324(a) and (b) of title 31, United States
Code, to enter into and perform such contracts, leases,
grants, cooperative agreements, or other transactions
(without regard to chapter 63 of title 31, United States
Code), as may be necessary to carry out NOAA's purposes and
authorities, on terms the Administrator deems appropriate,
with Federal agencies, instrumentalities, and laboratories,
State and local governments, including territories or
posessions, Native American tribes and organizations,
international organizations, foreign governments, educational
institutions, nonprofit organizations, commercial
organizations, and other public and private persons or
entities.
(d) Gifts and Donations.--
(1) In general.--Notwithstanding section 1342 of title 31,
United States Code, and subject to such conditions and
covenants the Administrator deems appropriate, the
Administrator is authorized to accept, hold, administer, and
utilize--
(A) gifts, bequests or donations of services, money or
property, real or personal (including patents and rights
thereunder), mixed, tangible or intangible, or any interest
therein;
(B) contributions of funds; and
(C) funds from Federal agencies, instrumentalities, and
laboratories, State and local governments, Native American
tribes and organizations, international organizations,
foreign governments, educational institutions, nonprofit
organizations, commercial organizations, and other public and
private persons or entities.
(2) Use, obligation, and expenditure.--The Administrator
may use property and services accepted by NOAA under
paragraph (1) to carry out the mission and purposes of NOAA.
Amounts accepted by NOAA under paragraph (1) shall be
available for obligation by NOAA, and be available for
expenditure by NOAA to carry out mission and purposes of
NOAA.
(e) Facilities and Personnel.--The Administrator may use,
with their consent, and with or without reimbursement, the
services, equipment, personnel, and facilities of Federal
agencies, instrumentalities and laboratories, State and local
governments, Native American tribes and organizations,
international organizations, foreign governments, educational
institutions, nonprofit organizations, commercial
organizations, and other public and private persons or
entities.
(f) Information.--The Administrator shall provide for the
most practicable and widest appropriate dissemination of
information concerning NOAA, its purposes, programs,
activities and the results thereof, including authority to
conduct education, technical assistance and outreach to the
public, teachers, students, and ocean and coastal resource
managers.
(g) Acquisition and Construction.--The Administrator may--
(1) acquire (by purchase, lease, condemnation, or
otherwise), lease, sell, or convey, services, money or
property, real or personal (including patents and rights
thereunder), mixed, tangible or intangible, or any interest
therein; and
(2) construct, improve, repair, operate, maintain or
dispose of real or personal property, including buildings,
facilities, and land.
SEC. 206. ENFORCEMENT.
(a) Authority.--The Administrator shall have the authority
to enforce the applicable provisions of any Act, the
enforcement of which is, in whole or in part, assigned,
delegated, or transferred to the Administrator, and any term
of a license, permit, regulation, or order issued pursuant
thereto. The Administrator may designate any person, officer,
or agency to exercise his authority under this title.
(b) Use of State Personnel.--
(1) In general.--The Administrator may--
(A) utilize by agreement, with or without reimbursement,
the personnel, services, and facilities of any State agency
to the extent the Administrator deems it necessary and
appropriate for effective enforcement of any law for which
the Administrator has enforcement authority; and
(B) designate such personnel to exercise the enforcement
authority of the Administrator under subsection (a).
(2) Status and powers.--Any personnel designated by the
Administrator under paragraph (1)(B)--
(A) shall not be deemed to be Federal employees (except as
provided in subparagraph (D)) and shall not be subject to the
provisions of law relating to Federal employment, including
those relating to hours of work, competitive examination,
rates of compensation, and Federal employee benefits, but may
be considered to be eligible for compensation for work-
related injuries under subchapter III of chapter 81 of title
5, United States Code, sustained while acting pursuant to
such designation;
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(B) shall be considered to be investigative or law
enforcement officers of the United States for purposes of the
tort claim provisions of title 28, United States Code;
(C) may, to the extent specified by the Administrator,
search, seize, arrest, and exercise any other law enforcement
functions or authorities described in this title where such
authorities are made applicable by this or other law to
employees, officers, or other persons designated or employed
by the Administrator; and
(D) shall be considered to be officers or employees of the
Department of Commerce for purposes of sections 111 and 1114
of title 18, United States Code.
(c) Cooperative Enforcement Agreements.--The Administrator
may enter into cooperative agreements with State authorities
to ensure coordinated enforcement of State and Federal laws
and by such agreements assume enforcement authority under
State law when the Administrator and State authorities deem
it to be appropriate. When so authorized, the Administrator
or the Administrator's designee may function as a State law
enforcement officer within the scope of the delegation,
except that Federal law shall control the resolution of any
conflict concerning the employee status of any Federal
officer while enforcing State law.
SEC. 207. REGIONAL CAPABILITIES.
The Administrator of The National Oceanic and Atmospheric
Administration shall--
(1) organize agency activities and programs around common
eco-regional boundaries identified through a process
established by the Council on Ocean Stewardship, based upon
recommendations of the Report of the U.S. Commission on Ocean
Policy, so as to--
(A) enhance inter- and intra- agency cooperation;
(B) maximize federal capabilities in such region;
(C) develop coordinated, ecosystem-based management and
research programs;
(D) develop research partnerships with States and academia;
(E) substantially improve the ability of the public to
contact and work with all relevant federal agencies; and
(F) maximize opportunities to work in partnership with
States in order to facilitate eco-regional management and
enhance State and local capacity to manage issues on an eco-
regional basis.
(2) work with other Federal agencies, including the
Environmental Protection Agency, the U.S. Fish and Wildlife
Service, U.S. Army Corps of Engineers, and State agencies
to--
(A) encourage similar eco-regional organization and, if
appropriate, co-location of related programs and facilities
to achieve goals of paragraph (1).
(B) in planning and implementing eco-regional activities to
encourage early cooperation, coordination, and integration
accross the federal agencies and with relevant State
programs, and to assure applicable Federal and State ocean
policies.
(3) NOAA shall in consultation with the States, develop
regional information programs as recommended by the U.S.
Commission on Ocean Policy, including--
(A) coordinated research strategies;
(B) integrated ocean and atmospheric monitoring and
observation activities; and
(C) establishment of service centers and coordinators to
support development of innovative tools, technologies,
training, and technical assistance to facilitate the
implementation of ecosystem-based management.
SEC. 208. INTERGOVERNMENTAL COORDINATION.
(a) Avoidance of Duplicative Requirements.--In
administering the provisions of this Act, the Administrator
shall consult and coordinate with the head of any Federal
department or agency having authority to issue any license,
lease, or permit to engage in an activity relation to the
functions of the Administrator for purposes of assuring that
inconsistent or duplicative requirements are not imposed upon
any applicant for or holder of any such license, lease, or
permit.
(b) Avoidance of Inconsistent and Conflicting Activities
and Policies.--To identify and resolve inconsistent or
conflicting Federal oceanic and atmospheric activities and
policies, the Administrator shall--
(1) consult and coordinate with the head of any Federal
department or agency on the activities and policies of that
department of agency related to the functions of the
Administrator;
(2) request of the head of any Federal department or agency
clarification and justification of those activities and
policies that the Administrator determines are inconsistent
or conflicting with his functions; and
(3) issue, as the Administrator deems appropriate, reports
to the President, the Council on Ocean Stewardship, the head
of any Federal department or agency, and to Congress
concerning inconsistent or conflicting, activities and
policies of any Federal department or agency relating to
ocean and atmospheric activities, including recommendations
on how to reconcile inconsistent and conflicting Federal
oceanic and atmospheric activities and policies throughout
the Federal government.
(c) Consultation with Administrator.--The head of any
Federal department or agency and all other Federal officials
having responsibilities related to the functions of the
Administrator shall consult with the Administrator when the
subject matter of action of activities described in this Act
are directly involved, to assure that all such activities are
well coordinated.
(d) Coordination with States.-- The Administrator shall
ensure that NOAA programs work with the States (including
territories and possessions) to encourage early cooperation,
coordination, and integration of State and Federal ocean and
atmospheric programs, including planning and implenting eco-
regional activities.
(e) Office of Intergovernmental Affairs.--The Administrator
shall establish an office of intergovernmental affairs to
assist in implementing this section and to facilitate
planning of joint programs between NOAA line offices and
other Federal agencies, including the Department of Defense.
SEC. 209. INTERNATIONAL CONSULTATION AND COOPERATION.
(a) Cooperation with Secretary of State.--The Administrator
shall cooperate to the fullest practicable extent with the
Secretary of State in providing representation at all
meetings and conferences relating to actions or activities
described in this Act in which representatives of the United
States and foreign countries participate.
(b) Consultation with Administrator.--The Secretary of
State and all other officials having responsibilities for
agreements, treaties, or understanding with foreign nations
and international bodies shall consult with the Administrator
when the subject matter or activities described in this Act
are involved, with a view to assuring that such interests are
adequately represented.
SEC. 210. REPORT ON OCEANIC AND ATMOSPHERIC CONDITIONS AND
TRENDS.
Beginning not later than 12 months after the date of
enactment of this Act, the Administrator shall, in
consultation with relevant Federal and State agencies, submit
to the Congress a biennial report on:
(a) the status and condition of the Nation's ocean and
atmospheric environments (including with respect to climate
change);
(b) current and foreseeable trends in the quality,
management and utilization of such environments; and
(c) the effects of those trends on the social, economic,
ecological, and other requirements of the Nation.
SEC. 211. CONFORMING AMENDMENTS AND REPEALS.
(a) Reorganization Plan No. 4.--Reorganization Plan No. 4
of 1970 (5 U.S.C. App.) is repealed.
(b) References to NOAA.--Any reference to the National
Oceanic and Atmospheric Administration, the Under Secretary
of Commerce for Oceans and Atmosphere (either by that title
or by the title of the Administrator of NOAA), or any other
official of the National Oceanic and Atmospheric
Administration, in any law, rule, regulation, certificate,
directive, instruction, or other official paper in force on
the effective date of this Act shall be deemed to refer and
apply to the National Oceanic and Atmospheric Administration
established in this Act, or the position of Administrator
established in this Act, respectively.
(c) References to NOAA as Within the Department of
Commerce.--
(1) Section 407 of Public Law 99-659 (15 U.S.C. 1503b) is
repealed.
(2) Section 12 of the Act of February 14, 1903 (15 U.S.C.
1511) is amended by striking paragraph (1) and redesignating
paragraphs (2) through (6) as paragraphs (1) through (5),
respectively.
(d) Conforming Amendment to Title 5.--Section 5315 of title
5, United States Code, is amended by striking ``Assistant
Secretaries of Commerce (11).'' and inserting ``Assistant
Secretaries of Commerce (10).''.
SEC. 212. SAVINGS PROVISION.
All rules and regulations, determinations, standards,
contracts, certifications, authorizations, appointments,
delegations, results and findings of investigations, or other
actions duly issued, made, or taken by or pursuant to or
under the authority of any statute which resulted in the
assignment of functions or activities to the Secretary, the
Department of Commerce, the Under Secretary, the
Administrator or any other officer of NOAA, in effect
immediately before the date of enactment of this Act shall
continue in full force and effect after the date of enactment
of this Act until modified or rescinded.
SEC. 213. TRANSITION.
(a) Effective Date.--The provisions of title II of this Act
shall become effective 2 years from the date of enactment of
this Act.
(b) Reorganization.--The Administrator of NOAA, in
consultation with the Assistant Administrator for Program
Planning and Integration, shall no later than 18 months after
the date of enactment of this Act, submit a plan and budget
proposal to Congress setting forth a proposal for program and
agency reorganization that will--
(1) meet the requirements of title II;
(2) reflect the recommendations of the U.S. Commission on
Ocean Policy, particularly with respect to ecosystem-based
science and management and additional budgetary requirements;
and
(3) provide integrated oceanic and atmospheric programs and
services for the benefit of the Nation.
TITLE III--FEDERAL COORDINATION AND ADVICE
SEC. 301. COUNCIL ON OCEAN STEWARDSHIP.
There is established in the Executive Office of the
President a Council on Ocean Stewardship.
SEC. 302. MEMBERSHIP.
(a) Membership.--The Council shall be composed of at least
3 but no more than 5
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members who shall be appointed by the President to serve at
the pleasure of the President, by and with the advice and
consent of the Senate.
(b) Chairman.--The President shall designate 1 of the
members of the Council to serve as Chairman.
(c) Qualifications.--Each member shall be a person who, as
a result of training, experience, and attachments, is
exceptionally well qualified--
(1) to analyze and interpret ocean and atmospheric trends
and information of all kinds;
(2) to appraise programs and activities of the Federal
Government in the light of the policy set forth in title I;
(3) to be conscious of and responsive to the scientific,
environmental, ecosystem, economic, social, aesthetic and
cultural needs and interests of the Nation; and
(4) to formulate and recommend national policies to promote
the improvement and the quality of the ocean and atmospheric
environments, including as those environments relate to
practices on land.
SEC. 303. FUNCTIONS OF COUNCIL.
(a) Coordination and Advice.--The Council--
(1) shall coordinate ocean and atmospheric activities among
Federal agencies and departments, particularly focusing on
the policy set forth in title I of this Act and national
priorities identified in section 304, while minimizing
duplication, including ensuring other ocean-related agencies
work together at the operation, program, and research levels
in cooperation with NOAA;
(2) shall provide a forum for improving Federal interagency
planning, budget and program coordination, administration,
outreach, and cooperation on such programs and activities;
(3) shall ensure that all Federal agencies engaged in ocean
and atmospheric activities adopt and implement the principle
of ecosystem-based management and take necessary steps to
improve regional coordination and delivery of services around
common eco-regional boundaries;
(4) shall review and evaluate the various programs and
activities of the Federal Government in light of the policy
set forth in title I of this Act and national priorities
identified in section 304 for the purpose of determining the
extent to which such programs and activities are effective
and contributing to the achievement of such policy and the
overall health of ocean and atmospheric environment,
including marine ecosystems;
(5) shall conduct an annual review and analysis of funding
proposed for ocean and atmospheric research and management in
all Federal agency budgets, and provide budget
recommendations to the President, the agencies, and the
Office of Management and Budget that will achieve the
policies set forth in title I and address the national
priorities identified in section 304, improve coordination,
cooperation, and effectiveness of such activities, eliminate
unnecessary overlap, and identify areas of highest priority
for funding and support;
(6) shall identify progress made by Federal ocean and
atmospheric programs toward achieving the goals of--
(A) providing more effective protection and restoration of
marine ecosystems;
(B) improving predictions of climate change and variability
(weather), including their effects on coastal communities and
the nation;
(C) improving the safety and efficiency of marine
operations;
(D) more effectively mitigating the effects of natural
hazards;
(E) reducing public health risks from ocean and atmospheric
sources;
(F) ensuring sustainable use of resources; and
(G) improving national and homeland security;
(7) shall promote efforts to increase and enhance
partnerships with coastal and Great Lakes States and other
non-federal entities to support enhanced regional research,
resource and hazards management, education and outreach, and
marine ecosystem protection, maintenance, and restoration;
(8) shall identify statutory and regulatory redundancies or
omissions and develop strategies to resolve conflicts, fill
gaps, and address new and emerging ocean and atmospheric
issues for national and regional benefit;
(9) shall emphasize the development and support of
partnerships among government agencies and nongovernmental
organizations, academia, and the private sector including
regional partnerships;
(10) shall expand research, education, and outreach efforts
by all Federal agencies undertaking ocean and atmospheric
activities; and
(11) may establish a Federal Coordinating Committee on
Oceans, chaired by the Council chairman, to carry out the
coordination of ocean and atmospheric programs and priorities
required under this Act.
(b) Consultation.--In exercising its powers, functions, and
duties under this Act, the Council shall--
(1) consult with the Administrator and with the
Presidential Panel of Advisers on Oceans and Climate
established under this Act to ensure input from potentially
affected States, territories, and Commonwealths, the public
and other stakeholders;
(2) work in close consultation and cooperation with the
Council on Environmental Quality, the Office of Science and
Technology Policy, the Council of Economic Advisers, and
other offices within the Executive Office of the President;
(3) utilize the expertise and coordinating capabilities of
the National Ocean Science Committee (and any ocean-related
committees formed under the Council) with respect to ocean
and atmospheric science, technology, and education matters,
including development of a national research strategy; and
(4) utilize, to the fullest extent possible, the services,
facilities, and information (including statistical
information) of public and private agencies and organization,
and individuals, in order that duplication of effort and
expense may be avoided, thus assuring that the Council's
activities will not unnecessarily overlap or conflict with
similar activities authorized by law and performed by NOAA
and other established agencies.
(c) Reviews and Reports.--The Council shall--
(1) prepare the biennial report required by section 306 of
this title; and
(2) make and furnish such studies, reports thereon, and
recommendations with respect to matters of policy and
legislation as the President may request.
SEC. 304. NATIONAL PRIORITIES FOR COORDINATION.
The Council, in coordination with the National Ocean
Science Committee, shall ensure that the Federal agencies
conducting ocean and atmospheric activities give following
areas priority attention and develop coordinated Federal
budgets, programs, and operations that will minimize
duplication and foster improved services and other benefits
to the Nation:
(1) Prevention, management and control of nonpoint source
pollution including regional or watershed strategies.
(2) An integrated ocean and coastal observing system and an
associated earth observing system.
(3) Ecosystem-based management, protection, and restoration
of ocean and atmospheric resources and environments,
including management-oriented research, technical assistance
and organization of programs and activities along common eco-
regional boundaries.
(4) Ocean education and outreach.
(5) Regionally-based coastal land protection, conservation,
maintenance, and restoration.
(6) Enhanced research and technology development on
crosscutting areas, including--
(A) oceans and human health;
(B) social science and economics;
(C) atmospheric monitoring and climate change;
(D) marine ecosystems, marine biodiversity, and ocean
exploration;
(E) marine and atmospheric hazards, including sea level
rise and geological events; and
(F) marine aquaculture.
(7) Characterization and mapping of the coastal zone,
coastal State waters, the territorial sea, the Exclusive
Economic Zone and outer continental shelf, including ocean
resources.
SEC. 305. EMPLOYEES.
(a) Assistance from Federal Agencies.--
(1) In general.--For the purpose of carrying out the
functions of the Council, each Federal agency or department
that conducts oceanic or atmospheric activities shall furnish
any assistance requested by the Council.
(2) Forms of assistance.--Assistance furnished by Federal
agencies and departments under paragraph (1) may include--
(A) detailing employees to the Council to perform such
functions, consistent with the purposes of this section, as
the Chairman of the Council may assign to them; and
(B) undertaking, upon request of the Chairman of the
Council, such special studies for the Council as are
necessary to carry out its functions.
(3) Personnel management.--The Chairman of the Council
shall have the authority to make personnel decisions
regarding any employees detailed to the Council.
(b) Employment of Personnel, Experts, and Consultants.--The
Council may--
(1) employ such officers and employees as may be necessary
to carry out its functions under this title;
(2) employ and fix the compensation of such experts and
consultants as may be necessary for the carrying out of its
functions under this chapter, in accordance with section 3109
of title 5, United States Code, (without regard to the last
sentence thereof); and
(3) accept and employ voluntary and uncompensated services
in furtherance of the purposes of the Council notwithstanding
section 1342 of title 31, United States Code.
SEC. 306. BIENNIAL REPORT TO CONGRESS.
(a) In General.--Beginning not later than 18 months after
the date of enactment of this Act, the President, through the
Council, shall submit to the Congress a biennial report on
Federal ocean and atmospheric programs, priorities, and
accomplishments which shall include--
(1) a comprehensive description of the ocean and
atmospheric programs and accomplishments of all agencies and
departments of the United States;
(2) an evaluation of such programs and accomplishments in
terms of the national ocean policy set forth in this Act and
the national priorities identified in section 304, specifying
progress made with respect to the goals set forth in section
303(c)(3);
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(3) a report on progress in improving Federal and State
coordination on ocean and atmospheric activities, including
coordination efforts required in this Act.
(4) an analysis of the Federal budget allocated to such
programs including estimates of the funding requirements of
each such agency or department for such programs during the
succeeding 5-to-10 fiscal years;
(5) recommendations for remedying deficiencies, and for
improving organization, effectiveness, and outreach of
Federal ocean and atmospheric programs and services, on a
regional and national basis, including support for State and
local efforts that leverage public, nongovernmental, and
private sector involvement; and
(6) recommendations for legislative or other action.
(b) Presidential Transmittal.--The President shall transmit
the biennial report pursuant to this section to the Speaker
of the House of Representatives and the President of the
Senate not later than December 31 of the year in which it is
due.
(c) Agency Cooperation.--Each Federal agency and department
shall cooperate by providing such data and information
without cost as may be requested by the Council for the
purpose of this section. Each Federal agency and department
shall provide services and personnel on a cost reimbursable
basis at the request of the Chairman of the Council for the
purpose of accomplishing the requirements of this section.
SEC. 307. PRESIDENTIAL PANEL OF ADVISERS ON OCEANS AND
CLIMATE.
(a) Establishment; Purpose.--The President shall establish
an Presidential Panel of Advisers on Oceans and Climate. The
purpose of the Presidential Panel shall be--
(1) to advise and assist the President and the Chairman of
the Ocean Stewardship Council in identifying and fostering
policies to protect, manage, and restore ocean and
atmospheric environments and resources, both on a regional
and national basis; and
(2) to undertake a continuing review, on a selective basis,
of priority issues relating to national ocean and atmospheric
policy (including climate change), conservation and
management of ocean environments and resources, and the
status of the ocean and atmospheric science and service
programs of the United States.
(b) Membership.--
(1) In general.--The Presidential Panel shall consist of
not more than 25 members, one of whom shall be the Chairman
of the Council on Ocean Stewardship, and 24 of whom shall be
nonfederal members appointed by the President, including at
least one representative nominated by a Governor from each of
the coastal regions identified in the Report of the U.S.
Commission on Ocean Policy and representatives of the States
and various stakeholders.
(2) Chair.--The Chairman of the Council on Ocean
Stewardship shall co-chair the Presidential Panel with a
nonfederal member designated by the President.
(c) Appointment and Qualifications.--The members of the
Presidential Panel shall be appointed by the President for 3-
year terms from among individuals with diverse perspectives
and expertise in 1 or more of the disciplines or fields
associated with ocean and atmospheric policy, including--
(1) marine-related State and local government functions;
(2) ocean and coastal resource conservation and management;
(3) atmospheric or ocean science, engineering, and
technology;
(4) the marine industry (including recreation and tourism);
(5) climate change;
(6) atmospheric or coastal hazards; and
(7) other fields appropriate for consideration of matters
of oceanic or atmospheric policy.
(d) Vacancies.--An individual appointed to fill a vacancy
occurring before the expiration of the term for which his or
her predecessor was appointed shall be appointed only for the
remainder of such term. No individual may be reappointed to
the Presidential Panel for more than 1 additional 3-year
term. A member may serve after the date of the expiration of
the term of office for which appointed until his or her
successor has taken office.
(e) Compensation.--Each member of the Presidential Panel
shall, while serving on business of the Commission, be
entitled to receive compensation at a rate not to exceed a
daily rate to be determined by the President consistent with
other Federal advisory boards. Federal and State officials
serving on the Commission and serving in their official
capacity shall not receive compensation in addition to their
Federal or State salaries for their time on the Commission.
Members of the Presidential Panel may be compensated for
reasonable travel expenses while performing their duties as
members.
(f) Meetings.--The Presidential Panel shall meet at least
twice per year, or as prescribed by the President.
(g) Reports.--
(1) In general.--The Presidential Panel shall submit an
annual report to the President and to the Congress setting
forth an assessment, on a selective basis, of the status of
the Nation's ocean activities, and shall submit such other
reports as may from time to time be requested by the
President or the Congress. The Presidential Panel shall
submit its annual report on or before June 30 of each year,
beginning 2 years after the date of enactment of this Act.
(2) Comment and review by council.--Each annual report
shall also be submitted to the Chairman of the Council on
Ocean Stewardship who shall, in consultation with the
Administrator of the National Oceanic and Atmospheric
Administration within 60 days after receipt thereof, transmit
his or her comments and recommendations to the President and
to the Congress.
SEC. 308. FEDERAL PROGRAM RECOMMENDATIONS.
Not later than 3 years after the issuance of the final
report of the Commission on Ocean Policy established by
section 3 of the Oceans Act of 2000, the President, in
consultation with the Administrator, and considering the
recommendations of the Commission on Ocean Policy, the Ocean
Stewardship Council, and the Presidential Panel of Advisers
on Oceans and Coasts, shall submit to the Congress
recommendations--
(1) for the transfer of relevant oceanic or atmospheric
programs, functions, services, and associated resources to
the National Oceanic and Atmospheric Administration from any
other Federal agency;
(2) for consolidation or elimination of oceanic or
atmospheric programs, functions, services, or resources
within or among Federal agencies if their consolidation or
elimination would not undermine policy goals set forth in
this Act; and
(3) regarding Federal reorganization, including elevation
of NOAA to departmental status or the establishment of a new
department that would provide increased national attention
and resources to oceanic and atmospheric needs and
priorities.
SEC. 309. IMPLEMENTATION.
Not later than 18 months after the date of enactment of
this Act, the Administrator shall--
(1) promulgate such regulations as may be necessary or
appropriate to implement this title; and
(2) submit to the Congress detailed recommendations on
technical and conforming amendments to Federal law necessary
to carry out this title and the amendments made by this
title.
SEC. 310. NO EFFECT ON OTHER AUTHORITIES.
Except as explicitly provided in this Act, nothing in this
Act or the amendments made by this Act shall be construed to
modify the authority of the Administrator under any other
provision of law.
______
By Mr. HOLLINGS (for himself, Mr. Stevens, and Mr. Inouye):
S. 2648. A bill to strengthen programs relating to ocean science and
training by providing improved advice and coordination of efforts,
greater interagency cooperation, ad the strengthening and expansion of
related programs administered by the National Oceanic and Atmospheric
Administration; to the Committee on Commerce, Science, and
Transportation.
Mr. HOLLINGS. Mr. President, today I rise to introduce the Ocean
Research Coordination and Advancement Act, which is cosponsored by my
colleagues Senators Stevens and Inouye.
The oceans remain one of the least explored and understood resources
on our planet. Our Nation needs a coordinated research and education
program staffed by a skilled scientific and technical workforce to
further our knowledge of the oceans and ensure their health and
vitality well into the future. NOAA, the lead civilian Federal agency
for oceanic and atmospheric affairs, is the linchpin to this effort.
However, this is also a job that the entire Federal Government must
take on, since NOAA will need the cooperation and resources of a
variety of other Federal agencies to achieve our common scientific and
educational goals.
The U.S. Commission on Ocean Policy, established by the Congress and
President pursuant to the Oceans Act of 2000, issued its Preliminary
Report in April and is set to release its final report later this
summer. The Preliminary Report identifies ocean research and education
as a high priority and calls for the doubling of ocean research funding
over five years. It also recommends formal ocean research and education
programs to cultivate a new generation of ocean scientists, educators,
technicians and decision-makers.
This bill directly responds to the Ocean Commission's recommendations
by establishing ocean research and education priorities both within
NOAA and across the federal government.
First, the bill establishes a Federal Government-wide Ocean Science
Committee to provide advice on ocean science and education to two high-
level entities: the existing National Science and Technology Council
and the new Council on Ocean Stewardship, to be established by the
National Ocean Policy and Leadership Act, which I am also introducing
today. A model for such a committee already exists at the NSTC, chaired
by NOAA and NSF, and this would further define the Committee's tasks.
This Federal Ocean Science
[[Page S8046]]
Committee would oversee implementation of many cross-cutting ocean
science and technology needs, including an integrated ocean and coastal
observing system and improved cooperation among Federal agencies.
The bill also calls for the development of a government-wide National
Strategy for Ocean Science, Education and Technology, which is to
include a doubling of the Federal ocean research budget. To assist in
meeting this goal, the bill strengthens and focuses the multi-agency
National Oceanographic Partnership Program, which is currently chaired
by the NOAA Administrator, renaming it the National Ocean Partners
Program. The bill also recognizes the need to focus Federal priorities
in ocean education by establishing an interagency Ocean Education
Program and an Ocean Science and Technology Scholarship Program to
recruit and prepare students for ocean-related careers with the Federal
Government.
I am particularly pleased that the bill specifically addresses NOAA's
research and education programs. It directs the NOAA Administrator to
prepare a 20-year research plan, as well as a plan for ocean education.
Such a long-term vision is necessary to enable the agency to take the
federal lead on an effective, integrated and coordinated national ocean
research, operations, and management. The Commerce Committee has
already taken action on important components of this research program,
including S. 1218, the Oceans and Human Health Act, which passed the
Senate unanimously earlier this year.
The bill also breaks new ground, placing NOAA at the head of a 10-
year national marine ecosystem research program patterned on the
approach we took in creating the Global Change Research Program. We
have immense and critical information needs, specific questions, and
management decisions to make concerning our oceans and their resources.
Responding to these needs will require a coordinated and focused
Federal effort. By pulling together Federal scientific data and
expertise on this specific topic, and partnering with the external
research community through a research grant program, we can really get
some results that will make a difference to Federal and State managers
and decision-makers.
The bill also promotes and encourages NOAA's ocean education
activities, which have been conducted for many years under programs
such as the National Sea Grant College Program, the National Marine
Sanctuaries Program, the Ocean Exploration Program, and the Educational
Partnership Program. It is high time that NOAA fully and publicly take
a leadership role in this area, and the bill directs the Administrator
to prepare a long-term ocean education plan that will help achieve this
goal.
It is critically important that we invest in improving our
understanding of the oceans, as they are the lifeblood of this planet.
No greater resource exists on Earth or in space that has such a
tremendous impact on our economy, weather and climate, or our
environment and overall quality of life.
I hope my colleagues will join me in sponsoring this important piece
of legislation.
I ask unanimous consent that the text of this bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2648
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 ``Ocean
Research Coordination and Advancement Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Title I--Ocean Science Coordination and Advice
Sec. 101. National Ocean Science Committee.
Sec. 102. Subcommittee on Ocean Education.
Sec. 103. Ocean Research and Education Advisory Panel.
Title II--Interagency Programs To Advance Ocean and Coastal Knowledge
Sec. 201. National strategy for ocean science, education, and
technology.
Sec. 202. National ocean partners program.
Sec. 203. Ocean and coastal education program.
Sec. 204. Ocean science and technology scholarship program.
Title III--NOAA Programs
Sec. 301. Research plan.
Sec. 302. Marine ecosystem research.
Sec. 303. National Oceanic and Atmospheric Administration education
program.
Sec. 304. Amendment to the National Sea Grant College Program Act.
Title IV--Authorizations
Sec. 401. Authorization of appropriations.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The coastal regions and marine waters of the United
States are vital to the Nation's public safety, homeland
security, transportation, trade, energy production,
recreation and tourism, food production, scientific research
and education, environmental health, and historical and
cultural heritage.
(2) Coastal development, resource extraction, and other
human activities, coupled with an expanding coastal
population, are contributing to processes of environmental
change that may significantly threaten the long-term health
and sustainability of marine and coastal ecosystems.
(3) The ocean remains one of the least explored and
understood environments on the planet providing a frontier
for new discoveries and requiring regional, ecosystem-based
management approaches.
(4) Development and implementation of education and
training programs are essential to build a national
scientific and technological workforce that meets the needs
of growing ocean and coastal economies and better prepares
the Nation for competition in the global economy.
(5) A coordinated program of education and basic and
applied research would assist the Nation and the world to
further knowledge of the oceans and the global climate
system, ensure homeland and national security, develop
innovative marine products, improve weather and climate
forecasts, strengthen management of marine and coastal
resources, increase the safety and efficiency of maritime
operations, and protect the environment and mitigate man-made
and natural hazards.
(6) Increased Federal cooperation and investment are
essential to build on ocean and coastal research and
education activities that are taking place within numerous
federal, state, and local agencies, academic institutions and
industries and to establish new partnerships for sharing
ocean science resources, intellectual talent, and facilities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advisory Panel.--The term ``Advisory Panel'' means the
Ocean Research and Education Advisory Panel established under
section 108.
(2) Committee.--The term ``Committee'' means the National
Ocean Science Committee established under section 101.
(3) Council.--The term ``Council'' means the National
Science and Technology Council.
(4) Ocean science.--The term ``ocean science'' includes the
exploration of ocean, coastal, and Great Lakes environments,
the development of methods and instruments to study and
monitor such environments, and the conduct of basic and
applied research and education activities to advance
understanding of--
(A) the physics, chemistry, biology, and geology of the
oceans, coasts, and Great Lakes;
(B) marine and coastal processes and interactions with
other components of the total Earth system; and
(C) the impacts of the oceans, coastal regions, and Great
Lakes on society and manner in which such environments are
influenced by human activity.
(5) Strategy.--The term ``strategy'' means the National
Strategy for Ocean Science, Education, and Technology
developed under section 201.
(6) Subcommittee.--The term ``Subcommittee'' means the
Subcommittee on Ocean Education established under section
102.
TITLE I--OCEAN SCIENCE COORDINATION AND ADVICE
SEC. 101. NATIONAL OCEAN SCIENCE COMMITTEE.
(a) Committee.--The Chair of the National Science and
Technology Council, in consultation with the Chair of the
Council on Ocean Stewardship, shall establish a National
Ocean Science Committee.
(b) Membership.--The Committee shall be composed of the
following members:
(1) The Administrator of the National Oceanic and
Atmospheric Administration.
(2) The Secretary of the Navy.
(3) The Director of the National Science Foundation.
(4) The Administrator of the National Aeronautics and Space
Administration.
(5) The Under Secretary of Energy for Energy, Science, and
Environment.
(6) The Administrator of the Environmental Protection
Agency.
(7) The Under Secretary of Homeland Security for Research
and Development.
(8) The Commandant of the Coast Guard.
(9) The Director of the United States Geological Survey.
(10) The Director of the Minerals Management Service.
(11) The Commanding General of the Army Corps of Engineers.
[[Page S8047]]
(12) The Director of the National Institutes of Health.
(13) Under Secretary of Agriculture for Research,
Education, and Economics.
(14) The Assistant Secretary of State for Oceans and
International Environmental and Scientific Affairs.
(15) The Director of the Defense Advanced Research Projects
Agency.
(16) The Director of the Office of Science and Technology
Policy.
(17) The Director of the Office of Management and Budget.
(18) The leadership of such other Federal agencies and
departments as the chair and vice chairs of the Committee
deem appropriate
(c) Chair and Vice Chairs.--The chair and vice chairs of
the Committee shall be appointed every 2 years by a selection
subcommittee of the Committee composed of, at a minimum, the
Administrator of the National Oceanic and Atmospheric
Administration, the Director of the National Science
Foundation, and the Secretary of the Navy. The term of office
of the chair and vice chairs shall be 2 years. A person who
has previously served as chair or vice chair may be
reappointed.
(d) Responsibilities.--The Committee shall--
(1) serve as the primary source of advice and support on
ocean science for the Council and the Council on Ocean
Stewardship and assist in carrying out the functions of the
Council as they relate to such matters, including budgetary
analyses;
(2) serve as the committee on ocean science for the Council
and carry out its functions under section 401 of the National
Science and Technology Policy, Organization, and Priorities
Act of 1976 (42 U.S.C. 6651) that relate to ocean sciences;
(3) improve cooperation among Federal departments and
agencies with respect to ocean science budgets, programs,
operations, facilities and personnel;
(4) provide a forum for development of the strategy and
oversee its implementation;
(5) suggest policies and procedures and provide support for
interagency ocean science programs, including the National
Ocean Partners Program;
(6) oversee the implementation of an integrated and
sustained ocean and coastal observing system;
(7) establish interagency subcommittees and working groups
as appropriate to develop comprehensive and balanced Federal
programs and approaches to ocean science needs.
(8) coordinate United States government activities with
those of other nations and with international ocean observing
efforts, research and technology and education; and
(9) carry out such other activities as the Council may
require.
SEC. 102. SUBCOMMITTEE ON OCEAN EDUCATION.
(a) Membership.--The Committee shall establish a
Subcommittee on Ocean Education. Each member of the Committee
and the Under Secretary of Education may designate a senior
Federal agency representative with expertise in education to
serve on the Subcommittee. The Committee shall select a Chair
and one or more Vice Chairs from the membership of the
Subcommittee.
(b) Responsibilities.--The Subcommittee shall--
(1) support and advise the Committee and the Council on
matters related to ocean and coastal education and outreach
and lead development of a common perspective;
(2) provide recommendations on education goals and
priorities for the strategy and guidance for educational
investments;
(3) foster the development of education and outreach
programs that are integrated with and based upon Federal
ocean science programs;
(4) coordinate Federal ocean and coastal education
activities for students at all levels, including funding for
educational opportunities at the undergraduate, graduate; and
post-doctoral levels;
(5) identify and work to establish linkages among Federal
programs and those of States, academic institutions, museums
and aquaria, industry, foundations and other non-governmental
organizations;
(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; and
(7) carry out such other activities as the Committee and
the Council request.
SEC. 103. OCEAN RESEARCH AND EDUCATION ADVISORY PANEL.
(a) Membership.--The Committee shall maintain an Ocean
Research and Education Advisory Panel consisting of not less
than 10 and not more than 18 members appointed by the chair,
including the following:
(1) Members representing the National Academy of Sciences,
the National Academy of Engineering and the Institute of
Medicine.
(2) Members selected from among individuals representing
ocean industries, State governments, academia, and such other
participants in ocean and coastal activities as the chair
considers appropriate.
(3) Members selected from among individuals eminent in the
fields of marine science, marine policy, ocean engineering or
related fields.
(4) Members selected from among individuals eminent in the
field of education.
(b) Responsibilities.--The advisory panel will advise the
Committee on the following:
(1) Development and implementation of the strategy.
(2) Policies and procedures to implement the National Ocean
Partners Program and on establishment of topics and selection
and allocation of funds for partnership projects.
(3) Matters relating to national oceanographic data
requirements, ocean and coastal observing systems, ocean
science education and training, oceanographic facilities, and
modernization of the nation's marine laboratories.
(4) Any additional matters that the Committee considers
appropriate.
(c) Procedural Matters.--
(1) 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 pertains 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) 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 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 partners program office.
(4) The Federal Advisory Committee Act (5 U.S.C. App.) does
not apply to the Advisory Panel.
(d) Funding.--The Chair and Vice Chairs of the Committee
annually shall make funds available to support the activities
of the Advisory Panel.
TITLE II--INTERAGENCY PROGRAMS TO ADVANCE OCEAN AND COASTAL KNOWLEDGE
SEC. 201. NATIONAL STRATEGY FOR OCEAN SCIENCE, EDUCATION, AND
TECHNOLOGY.
(a) In General--The Chair of the Council, through the
Committee, shall develop a National Strategy for Ocean
Science, Education and Technology. The Chair shall submit the
strategy to the Congress within one year after the date of
enactment of this title, and a revised strategy shall be
submitted at least once every three years thereafter. The
initial strategy shall be based on the recommendations of the
United States Commission on Ocean Policy and shall establish,
for the 10-year period beginning in the year the strategy is
submitted, the scientific goals and priorities for research,
technology, education, outreach, and operations which most
effectively advance knowledge and provide usable information
for ocean policy decisions.
(b) Specific Actions.--The strategy shall--
(1) provide for a doubling of the Federal investment in
ocean science research over 5 years and for additional
investments in education and outreach, technology
development, and ocean exploration;
(2) identify and address relevant programs and activities
of the members of the Committee that contribute to the goals
and priorities, setting forth the role of and funding for
each such member in implementing the strategy;
(3) establish mechanisms for accelerating the transition
of--
(A) commercial or military technologies and data to
civilian research, education, and operations applications;
and
(B) technologies and tools developed by government and
university scientists to operations, including both
governmental and non-governmental uses;
(4) consider and use, as appropriate, reports and studies
conducted by Federal agencies and departments, the National
Research Council, or other entities; and
(5) make recommendations for the coordination of Federal
ocean science activities with those of States, regional
entities, other nations, and international organizations.
(c) Elements.--The strategy shall include the following
elements:
(1) Global measurements on all relevant spatial and time
scales.
(2) Partnerships among Federal agencies, states, academia,
industries, and other members of the ocean science community.
(3) Oceanographic facility support, including the
procurement, maintenance and operation of observing and
research platforms, such as ships and aircraft, laboratories,
and related infrastructure.
(4) Focused research initiatives and competitive research
grants.
(5) Technology and sensor development, including the
transition of such technologies to operations.
(6) Workforce and professional development including
traineeships, scholarships, fellowships and internships.
(7) Ocean science education coordination and establishment
of mechanisms to improve ocean literacy and contribute to
public awareness of the condition and importance of the
oceans.
[[Page S8048]]
(8) Information management systems that allow analysis of
data from varied sources to produce information readily
usable by policymakers and stakeholders.
(d) Public Participation.--In developing the strategy, the
Committee shall consult with the Advisory Panel, academic,
State, industry, and conservation groups and representatives.
Not later than 90 days before the Chair of the Council
submits the strategy, or any revision thereof, to the
Congress, a summary of the proposed strategy or revision
shall be published in the Federal Register for a public
comment period of not less than 60 days.
SEC. 202. NATIONAL OCEAN PARTNERS PROGRAM.
(a) Purpose.--Building on the program established under
section 7901 of title 10, United States Code, the Committee
shall establish and maintain a National Ocean Partners
Program that identifies and carries out ocean science
partnerships among the National Oceanic and Atmospheric
Administration, the National Science Foundation, the Office
of Naval Research and Oceanographer of the Navy, other
Federal agencies, States, academia, industries, and other
members of the ocean science community.
(b) Project Selection.--At least annually, the Committee
shall establish a limited number of topics for partnership
awards and partners may submit projects on such topics for
implementation under the program. Partnership projects shall
be competitively reviewed, selected, and allocated funding
based on the following criteria:
(1) The project is consistent with the strategy and
addresses--
(A) ocean and coastal observing systems;
(B) ocean education;
(C) ocean infrastructure coordination; or
(D) interagency collaboration on national ocean science and
research priorities.
(2) The project has broad participation within the ocean
community.
(3) The partners have a long-term commitment to the
objectives of the project.
(4) Resources supporting the project are shared among the
partners.
(5) The project includes a plan for education and outreach.
(6) The project has been subject to peer review.
(c) Annual Report.-- Not later than March 1 of each year,
the Committee shall submit to Congress a report on the
National Ocean Partners Program. The report shall contain the
following:
(1) A description of activities of the program carried out
during the previous fiscal year, together with a list of the
members of the Advisory Panel and any working groups in
existence during that fiscal year.
(2) A general outline of the activities planned for the
program during the fiscal year in which the report is
prepared.
(3) A summary of projects continued from the previous
fiscal year and projects expected to be started during the
fiscal year in which the report is prepared and during the
following fiscal year.
(4) An analysis of trends in the Federal investment in
ocean science research, education and technology development.
(d) Partners Program Office.--The Committee shall establish
a program office for the National Ocean Partners Program. The
Committee shall use competitive procedures in selecting an
operator for the partners program office and supervise
performance of duties by such office. Responsibilities of the
partners program office shall include--
(1) support for the activities of the Committee and any
working groups or subcommittees under this section;
(2) management of the process for proposing partnership
projects to the Committee, including the peer review process
for such projects;
(3) annual preparation and submission to the Committee of
status information on all partnership projects and program
activities;
(4) development and maintenance of a database on
investments by Federal agencies in ocean and coastal research
and education; and
(5) any additional duties for the administration of the
National Ocean Partners Program or to support Committee
activities that the Committee considers appropriate.
(e) Contract, Grant, and Interagency Financing Authority.--
(1) The Committee may authorize one or more of the members
of the Committee to enter into contracts and make grants,
using funds appropriated pursuant to an authorization for the
National Ocean Partners Program, for the purpose of
implementing the program and carrying out the
responsibilities of the Committee. A project or activity
under such program may be established by any instrument that
the Committee considers appropriate, including grants,
memoranda of understanding, cooperative research and
development agreements, and similar instruments.
(2) The members of the Committee are authorized to
participate in interagency financing and share, transfer,
receive and spend funds appropriated to any member of the
Committee for the purposes of carrying out any administrative
or programmatic project or activity under the National Ocean
Partnership Program, including support for a common
infrastructure and system integration for an ocean observing
system. Funds may be transferred among such departments and
agencies through an appropriate instrument that specifies the
goods, services, or space being acquired from another
Committee member and the costs of the same.
(3) The Committee shall establish uniform proposal request
and application procedures and reporting requirements for use
by each Committee member that are applicable to all projects
and activities under the National Ocean Partners Program.
(4) Projects under the program may include demonstration
projects.
(f) Transitional Plan.--The Committee shall submit a plan
and recommendations to the Congress for the transition of the
National Oceanographic Partnership Program under chapter 665
of title 10, United States Code, to the National Ocean
Partners Program established under subsection (a) of this
section not later than 2 years after the date of enactment of
this Act.
(g) Sunset of National Oceanographic Partnership Program.--
Chapter 665 of title 10, United States Code, is repealed as
of the date that is 3 years after the date of enactment of
this Act.
SEC. 203. OCEAN AND COASTAL EDUCATION PROGRAM.
(a) Establishment.--Consistent with the strategy, the
Committee, through the Subcommittee, shall establish an
interagency ocean and coastal education program to improve
public awareness, understanding and appreciation of the role
of the oceans in meeting our Nation's economic, social and
environmental needs. The 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.
(b) Elements.--The program shall use appropriate
interagency coordination mechanisms and shall, at a minimum,
provide sustained funding for--
(1) a national network of Centers for Ocean Sciences
Education Excellence to improve the acquisition of knowledge
by students at all levels;
(2) a regional education network to support academic
competition and experiential learning opportunities for high
school students;
(3) teacher enrichment programs that provide for
participation in research expeditions, voyages of exploration
and the conduct of scientific research;
(4) development of model instructional programs for
students at all levels;
(5) student training and support to provide diverse ocean-
related education opportunities at the undergraduate,
graduate, and postdoctoral levels; and
(6) mentoring programs and partnerships with minority-
serving institutions to ensure diversity in the ocean and
coastal workforce.
SEC. 204. OCEAN SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM.
(a) Establishment.--
(1) The Committee shall establish a National Ocean Science
and Technology Scholarship Program that is designed to
recruit and prepare students for careers with Federal
agencies and departments represented on the Committee
(hereinafter referred to as ``participating agencies''). The
program shall award scholarships to individuals who are
eligible to participate and 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 or 1885b).
(2) 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 described in subsection (d), 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 shall--
(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) in an
academic field or discipline described in the list made
available under subsection (c);
(2) be a United States citizen;
(3) at the time of the initial scholarship award, not be an
employee of the department or agency providing the award;
(4) not have received a scholarship under this section for
more than 4 academic years, unless the participating agency
grants a waiver; and
(5) 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.
(c) Scholarship Availability and Limits.--
(1) 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.
(2) A participating agency may provide a scholarship to an
eligible individual to cover tuition, fees, and other
authorized expenses as established by regulation. The dollar
amount of a scholarship for an academic year shall in no case
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).
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(3) 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.
(d) Service.--
(1) Except as provided in subsection (f), the period of
service for which an individual shall be obligated to serve
as an employee of the participating agency is 12 months for
each academic year for which a scholarship under this section
is provided.
(2) Except as provided in subsection (f), obligated service
under paragraph (1) may include contract employment if a full
time equivalent position is not immediately available and
shall begin not later than 60 days after the individual
obtains the educational degree for which the scholarship was
provided.
(e) Repayment.--
(1) Scholarship recipients who fail to maintain a high
level of academic standing, as defined by the participating
agency, 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 (f). The
repayment period may be extended by the participating agency
when determined to be necessary.
(2) 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), shall be in breach of
their contractual agreement. When recipients breach their
agreements pursuant to this paragraph, the recipient shall be
liable to the United States for an amount equal to the total
amount of scholarships received by such individual under this
section; plus the interest on the amounts of such awards
which would be payable if at the time the awards were
received they were loans bearing interest at the maximum
legal prevailing rate, as determined by the Treasurer of the
United States, multiplied by 3.
(f) Deferral, Cancellation, or Waiver.--The participating
agency shall by regulation provide for the deferral or 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 thereunder) whenever the
participating agency determines that such a deferral, waiver
or suspension is appropriate, compliance by the individual is
impossible or would involve extreme hardship, or if
enforcement of such obligation with respect to the individual
would be contrary to the best interests of the Government.
TITLE III--NOAA OCEAN SCIENCE AND EDUCATION PROGRAMS
SEC. 301. RESEARCH PLAN.
The Administrator of the National Oceanic and Atmospheric
Administration shall develop a 20-year integrated research
plan for the agency setting forth research goals and
priorities, as well as programmatic actions to carry out
those goals and priorities. The plan shall--
(1) articulate goals, priorities, and programmatic actions
for the agency in 5-year phases;
(2) identify linkages between Administration research
activities and missions;
(3) identify how Administration laboratories, joint
institutes, cooperative institutes, joint centers, and the
extramural scientific community will participate and assist
in achieving the goals of the plan;
(4) consider the recommendations of relevant reports
prepared by the National Research Council and international
scientific institutions and organizations;
(5) be developed in consultation with programmatic offices,
the extramural scientific community, and interested members
of the public; and
(6) be revised or updated every 5-to-7 years.
SEC. 302. MARINE ECOSYSTEM RESEARCH.
(a) Marine Ecosystem Research Program.--The Administrator
of the National Oceanic and Atmospheric Administration, in
cooperation with the National Science Foundation, the United
States Geological Survey, the Office of Naval Research, and
other members of the Committee, shall establish and maintain
a 10-year interagency marine ecosystem research program,
including competitive research grants to the scientific
community, that complements or strengthens the Federal
program for the purposes of--
(1) improving national understanding of marine ecosystem
status and trends, including the patterns, processes, and
consequences of changing marine biological diversity;
(2) improving the linkages between marine ecological and
oceanographic sciences and providing a basis for ecosystem-
based management of the oceans and coastal resources;
(3) increasing the effectiveness of ocean, coastal and
fisheries conservation and management through application of
ecosystem-based approaches;
(4) facilitating and encouraging the use of new
technological advances, predictive models, and historical
perspectives to characterize and assess marine ecosystems and
to investigate marine biodiversity;
(5) strengthening and expanding the field of marine
taxonomy, including use of genomics and proteomics;
(6) using new understanding gained through the program to
improve predictions of the impacts of human activities on the
marine environment, including pollution and coastal
development, and of the impacts of changes in the marine
environment on human well-being; and
(7) providing Federal, regional, and State decision makers
with usable information and products to support policy and
technical decisions under existing authorities, including the
Magnuson-Stevens Fishery Conservation and Management Act, the
Marine Mammal Protection Act, the National Marine Sanctuaries
Act, and the Coastal Zone Management Act.
(b) Program Elements.--The research program established
under this section shall provide for the following:
(1) Dynamic access to biological and other data through an
integrated ocean biogeographic information system that--
(A) links marine databases; and manages data generated by
the program; and
(B) supports understanding of marine systems required for
ecosystem-based conservation and management, including
analysis of biodiversity and related physical and ecological
parameters.
(2) Integrated national and regional studies and products
that focus on appropriate scales to support ecosystem-based
management; including habitat mapping and assessment.
(3) Improved biological sensors for ocean and coastal
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 and diversity to
the earliest historical periods of minimum human impact.
(6) Improved predictive capability to enhance the
effectiveness of conservation and management programs and to
facilitate and minimize adverse impacts of human activities
and natural processes on marine and coastal ecosystems.
(7) Pilot projects focused on priority information needs
for critical living marine resource management decisions
under existing statutory authorities.
(c) Baseline Report and Biennial Assessments.--The
Administrator of the National Oceanic and Atmospheric
Administration, through the Committee, shall prepare and
submit to the President and Congress--
(1) a baseline report on the state of knowledge concerning
marine ecosystems and their sub-components, including
recommendations for improving such knowledge base,
considering the recommendations of the United States
Commission on Ocean Policy and the priorities established
under subsection (a) not later than 1 year after the date of
enactment of this Act; and
(2) a biennial assessment not later than 2 years after the
date of submission of the baseline report required under
subsection (d)(1) and every 2 years thereafter that--
(A) integrates, evaluates, and interprets the findings of
the program and discusses the scientific uncertainties
associated with such findings; and
(B) analyzes current trends in marine and coastal
ecosystems, both human-induced and natural, and projects
major trends for the subsequent decade.
SEC. 303. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
EDUCATION PROGRAM.
(a) In General.--
(1) The Administrator of the National Oceanic and
Atmospheric Administration shall conduct, develop support,
promote, and coordinate education activities that meet the
defined program scope under section 203(b) and that enhance
public awareness and understanding of the science, service,
and stewardship missions of the National Oceanic and
Atmospheric Administration. In planning the program, 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
programs relating to ocean exploration, undersea research,
and oceans and human health.
(2) Authorized activities for the program shall include
education of the general public, teachers, students at all
levels, and ocean and coastal managers and stakeholders.
(3) 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, non-
profit organizations or other persons.
(b) Goals.--The Administrator of the National Oceanic and
Atmospheric Administration, in consultation with the
appropriate program directors, shall ensure that educational
activities and programs conducted pursuant to subsection (a)
shall--
(1) integrate agency science into high-quality educational
materials;
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(2) improve access to National Oceanic and Atmospheric
Administration 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; and
(6) build capability within the agency for educational
excellence.
(c) Educational Partnership Program.--The Administrator of
the National Oceanic and Atmospheric Administration 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.
(d) NOAA Ocean Education Plan.--The Administrator of the
National Oceanic and Atmospheric Administration shall develop
an ocean education plan setting forth ocean education goals
and priorities for the agency, as well as programmatic
actions to carry out such goals and priorities over the next
20 years. The plan may be prepared as part of the research
plan required by section 301 or may be prepared separately
and shall--
(1) set forth the Administration's goals, priorities, and
programmatic activities for ocean education in 5-year phases;
(2) identify linkages between NOAA ocean education
activities and NOAA programs and missions;
(3) consider the recommendations of ocean science and
education experts, as well as those of professional education
associations or organizations;
(4) be developed in consultation with programmatic offices,
ocean science and education experts, and interested members
of the public; and
(5) be revised or updated every 5-to-7 years.
SEC. 304. 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 in each of fiscal years
2005 through 2010--
``(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) $4,000,000 for competitive grants to support
educational partnerships under the national Coastal and Ocean
Education Program to be funded through the National Ocean
Partners Program or other appropriate mechanism; and
``(D) $3,000,000 in increased funding for enhanced outreach
and communications activities of sea grant programs.
TITLE IV--AUTHORIZATIONS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
(a) Partners Program Projects and Administration.--Of the
amounts authorized to be appropriated annually to the
Department of the Navy, the National Science Foundation, the
National Oceanic and Atmospheric Administration, and the
National Aeronautics and Space Administration for fiscal year
2005 through fiscal year 2010--
(1) up to $25,000,000 from each agency may be made
available for National Ocean Partners Program projects under
section 202; and
(2) at least $600,000 or 3 percent of the amount
appropriated for the National Oceanographic Partners Program,
whichever is greater, shall be available for operations of
the partners program office established under section 202(d).
(b) National Ocean and Coastal Education Program.--Of the
amounts authorized annually to the Department of the Navy,
the National Science Foundation, the National Oceanic and
Atmospheric Administration, and the National Aeronautics and
Space Administration for fiscal year 2005 through fiscal year
2010, up to $25,000,000 from each agency may be made
available for the National Ocean and Coastal Education
Program under section 203.
(c) Scholarship Program.--Of the amounts authorized
annually to the Department of the Navy, the National Science
Foundation, the National Oceanic and Atmospheric
Administration, and the National Aeronautics and Space
Administration for fiscal year 2005 through fiscal year 2010,
up to $15,000,000 may be made available for National Ocean
Science and Technology Scholarships under section 204.
(d) National Oceanic and Atmospheric Administration.--
(1) Marine ecosystem research.--For development and
implementation of the research program under section 302,
there are authorized to be appropriated to the National
Oceanic and Atmospheric Administration $50,000,000 for each
of fiscal years 2005 through 2010.
(2) Ocean education.--In addition to the amounts authorized
under subsection (a), (b), and (c) and under the National Sea
Grant College Program Act, there are authorized to be
appropriated to the Administrator of the National Oceanic and
Atmospheric Administration.--
(A) $25,000,000 for each of fiscal years 2005 through 2010
for education activities under section 303(a); and
(B) $20,000,000 for each of fiscal years 2005 through 2010
for education activities under section 303(c).
(e) Availability.--Sums appropriated pursuant to this
section shall remain available until expended.
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