[Congressional Record Volume 150, Number 96 (Tuesday, July 13, 2004)]
[Senate]
[Pages S8038-S8045]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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

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     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

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     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;

[[Page S8042]]

       (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;

[[Page S8043]]

       (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

[[Page S8044]]

     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);

[[Page S8045]]

       (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.
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