[Congressional Record (Bound Edition), Volume 150 (2004), Part 11]
[Senate]
[Pages 15385-15405]
[From the U.S. 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 1,000 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

[[Page 15386]]

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 
     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.
  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. 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

[[Page 15387]]

     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'',
       (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

[[Page 15388]]

     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

       ``(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

[[Page 15389]]

       ``(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 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.

[[Page 15390]]

  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 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

[[Page 15391]]

     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 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

[[Page 15392]]

     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 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.

[[Page 15393]]

  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 
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,

[[Page 15394]]

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 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

[[Page 15395]]

     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 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

[[Page 15396]]

     Administrator on program and policy issues, including 
     crosscutting program areas such as research, technology, and 
     education and shall perform such functions and exercise such 
     powers as the Administrator may prescribe. The Deputy 
     Administrator shall act as Administrator during the absence 
     or disability of the Administrator in the event of a vacancy 
     in the office of Administrator. The Deputy Administrator 
     shall be the Administrator's first assistant for purposes of 
     subchapter III of chapter 33 of title 5, United States Code, 
     and shall be compensated at the rate provided for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code.
       (c) Associate Administrator for Ocean Management and 
     Operations.--There shall be in NOAA an Associate 
     Administrator for Ocean Management and Operations, who shall 
     be appointed by the President, by and with the advice and 
     consent of the Senate. The Associate Administrator for Ocean 
     Management and Operations shall have a broad background, 
     professional knowledge, and substantial experience in oceanic 
     or atmospheric policy or programs, and shall perform such 
     duties and exercise such powers as the Administrator shall 
     from time to time designate. The Associate Administrator 
     shall be compensated at the rate provided for level V of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code.
       (d) Associate Administrator for Climate and Atmosphere.-- 
     There shall be in NOAA an Associate Administrator for Climate 
     and Atmosphere, who shall be appointed by the President, by 
     and with the advice and consent of the Senate. The Associate 
     Administrator for Climate and Atmosphere shall have a broad 
     background, professional knowledge, and substantial 
     experience in oceanic or atmospheric policy or programs, and 
     shall perform such duties and exercise such powers as the 
     Administrator shall from time to time designate. The 
     Associate Administrator shall be compensated at the rate 
     provided for level V of the Executive Schedule under section 
     5315 of title 5, United States Code.
       (e) Chief Operating Officer.--There shall be a Chief 
     Operating Officer of NOAA, who shall assume the 
     responsibilities held by the Deputy Undersecretary of 
     Commerce prior to enactment of this Act. The Chief Operating 
     Officer shall be responsible for ensuring the timely and 
     effective implementation of NOAA's purposes and authorities 
     and shall provide resource, budget, and management support to 
     the Office of the Administrator. The Chief Operating Officer 
     shall be responsible for all aspects of NOAA operations and 
     management, including budget, financial operations, 
     information services, facilities, human resources, 
     procurements, and associated services. The Chief Operating 
     Officer shall be a Senior Executive Service position 
     authorized under section 3133 of title 5, United States Code.
       (f) Assistant Administrators.--There shall be in NOAA at 
     least 3, but no more than 4, Assistant Administrators. The 
     Assistant Administrators shall perform such programmatic and 
     policy functions as the Administrator shall from time to time 
     assign or delegate, and shall have background, professional 
     knowledge, and substantial experience in 1 or more of the 
     following aspects of ocean and atmospheric affairs:
       (1) Resource management, protection, and restoration.
       (2) Operations, forecasting, and services (including 
     weather and climate).
       (3) Science, technology, and education.
       (g) General Counsel.--There shall be in NOAA a General 
     Counsel appointed by the President upon recommendation by the 
     Administrator. The General Counsel shall serve as the chief 
     legal officer for all legal matters which may arise in 
     connection with the conduct of the functions of NOAA.
       (h) Commissioned Officers.--
       (1) The Administrator shall designate an officer or 
     officers to be responsible for oversight of NOAA's vessel and 
     aircraft fleets and for the administration of NOAA's 
     commissioned officer corps under section 228 of the National 
     Oceanic and Atmospheric Administration Commissioned Officer 
     Corps Act of 2002 (33 U.S.C. 3028).
       (2) The Commissioned Officer Corps of the National Oceanic 
     and Atmospheric Administration established by Reorganization 
     Plan No. 4 of October 3, 1970, is the Commissioned Officer 
     Corps of NOAA established under this Act.
       (3) All statutes that applied to officers of the 
     Commissioned Officers Corps of NOAA on the day before the 
     date of enactment of this Act apply to officers of the Corps 
     on and after such date.
       (4) There are authorized to be on the lineal list of the 
     Commissioned Officers Corps of NOAA at least 350 officers, 
     plus any additional officers necessary to support NOAA's 
     missions and the operation and maintenance of NOAA's ships 
     and aircraft.
       (5) The President may appoint in NOAA, by and with the 
     advice and consent of the Senate, 2 commissioned officers to 
     serve at any one time as the designated heads of 2 principal 
     constituent organizational entities of NOAA, or the President 
     may designate 1 such officer as the head of such an 
     organizational entity and the other as the head of the 
     commissioned corps of NOAA. Any such designation shall create 
     a vacancy on the active list and the officer while serving 
     under this subsection shall have the rank, pay, and 
     allowances of a rear admiral (upper half).
       (6) Any commissioned officer of NOAA who has served under 
     paragraph (5) and is retired while so serving or is retired 
     after the completion of such service while serving in a lower 
     rank or grade, shall be retired with the rank, pay, and 
     allowances authorized by law for the highest grade and rank 
     held by him, but any such officer, upon termination of his 
     appointment in a rank above that of captain, shall, unless 
     appointed or assigned to some other position for which a 
     higher rank or grade is provided, revert to the grade and 
     number he would have occupied had he not served in a rank 
     above that of captain and such officer shall be an extra 
     number in that grade.
       (i) Naval Deputy.--The Secretary of the Navy may detail a 
     Naval Deputy to the Administrator. This position shall be 
     filled on an additional duty basis by the Oceanographer of 
     the Navy. The Naval Deputy shall--
       (1) act as a liaison between the Administrator and the 
     Secretary of the Navy in order to avoid duplication between 
     Federal oceanographic and atmospheric activities; and
       (2) ensure coordination and joint planning by NOAA and the 
     Navy on research, meteorological, oceanographic, and 
     geospatial information services and programs of mutual 
     organizational interest.

     SEC. 204. RESPONSIBILITIES OF THE ADMINISTRATOR.

       In addition to administering and carrying out all 
     activities, programs, functions and duties, and exercising 
     those powers, that are assigned, delegated, or transferred to 
     the Administrator by this Act, any other statute, or the 
     President, the responsibilities of the Administrator 
     include--
       (1) management, conservation, protection, and restoration 
     of ocean resources, including--
       (A) living marine resources (including fisheries, 
     vulnerable species and habitats, and marine biodiversity);
       (B) ocean areas (including marine sanctuaries, estuarine 
     reserves, and other managed areas);
       (C) marine aquaculture;
       (D) protection of ocean environments from threats to human 
     and ecosystem health, including pollution and invasive 
     species;
       (E) sustainable management, beneficial use, protection, and 
     development of coastal regions; and
       (F) mitigation of impacts of natural and man-made hazards 
     including climate change.
       (2) partnering with and supporting State and local 
     communities in undertaking management, conservation, 
     protection, and restoration of ocean resources described in 
     subsection (1).
       (3) observation, analysis, processing, and communication of 
     comprehensive data and information concerning the State of--
       (A) the upper and lower atmosphere;
       (B) the oceans and resources thereof; and
       (C) the earth and near space environment;
       (4) collection, storage, analysis, and provision of 
     reliable scientific information relating to weather 
     (including space weather), climate, air quality, water, 
     navigation, marine resources, and ecosystems that can be used 
     as a basis for sound management, policy, and public safety 
     decisions;
       (5) broadly based data, observing, monitoring, and 
     information activities, programs and systems relating to 
     oceanic and atmospheric monitoring and prediction, weather 
     forecasting, and storm warning, including satellite-based and 
     in-situ data collection and associated services;
       (6) weather forecasting, storm warnings, and other 
     responsibilities of the Secretary of Commerce and the 
     National Weather Service under Reorganization Plan No. 2 of 
     1965, Reorganization Plan No. 4 of 1970, sections 3 and 4 of 
     the Act of October 1, 1890 (15 U.S.C. 312 and 313) and the 
     Weather Service Modernization Act (15 U.S.C. 313 note), and 
     all other statutes, rules, plans, and orders in pari materia;
       (7) providing navigation and assessment operations and 
     services, including maps and charts for the safety of marine 
     and air navigation, maintaining a network of geographic 
     reference coordinates for geodetic control, and observing, 
     charting, mapping, and measuring the marine environment and 
     ocean resources;
       (8) developing and improving geodetic and mapping methods 
     and studies of geophysical phenomena such as crustal 
     movement, earth tides, and ocean circulation, including 
     estuarine areas;
       (9) collecting, disseminating, and maintaining on a 
     continuing basis information relating to the status, trends, 
     health, use, and protection of the oceans and the atmosphere, 
     to all interested parties, including through an integrated 
     ocean observing system and national and regional ecosystem-
     based information management systems;
       (10) administering, operating, and maintaining satellite 
     and in-situ systems that can monitor global and regional 
     atmospheric weather conditions, climate and related oceanic, 
     solar, hydrological, and other environmental conditions, 
     collect information required for research on weather, 
     climate, and related environmental matters, and monitor

[[Page 15397]]

     the extent of human-induced changes in the lower and upper 
     atmosphere and the related environment;
       (11) collecting, analyzing, and disseminating environmental 
     information, in support of environmental research and 
     development, including data in the fields of climatology, 
     atmospheric sciences, oceanography, biology, geology, 
     geophysics, solar-terrestrial relationships, and the 
     relationship among oceans, climate, and human health;
       (12) undertaking a comprehensive, integrated, and 
     ecosystem-based program of ocean, climate, and atmospheric 
     research related to, and supportive of the missions of NOAA 
     and which uses research products, new findings, and 
     methodologies to develop the most current scientific advice 
     for ecosystem-based management;
       (13) conducting environmental research and development 
     activities that are necessary to advance the Nation's ocean, 
     atmospheric, engineering and technology expertise, including 
     the development and operation of observing platforms such as 
     ships, aircraft, satellites, data buoys, manned or unmanned 
     research submersibles, underwater laboratories or platforms, 
     and improved instruments and calibration methods, and the 
     advancement of undersea diving techniques;
       (14) conducting a continuing program of ocean exploration, 
     discovery and conservation of significant undersea resources, 
     including cultural resources, to benefit, inform, and inspire 
     the American people, including communication of such 
     knowledge to policymakers and the public;
       (15) developing and implementing, in cooperation with other 
     agencies and entities as appropriate, national ocean and 
     atmospheric education, technical assistance, extension 
     services, and outreach programs designed to increase literacy 
     concerning ocean and atmospheric issues, develop a diverse 
     work force, and enhance stewardship of ocean and atmospheric 
     resources and environments;
       (16) ensuring the execution and implementation of national 
     ocean, atmospheric, and environmental policy goals through a 
     variety of ocean and atmospheric programs;
       (17) undertaking activities involving the integration of 
     domestic and international policy relating to the oceans and 
     the atmosphere, including the provision of technical advice 
     to the President on international negotiations involving 
     ocean resources, ocean technologies, and climate matters;
       (18) providing for, encouraging, and assisting public 
     participation in the development and implementation of ocean 
     and atmospheric policies and programs;
       (19) conducting, supporting, and coordinating efforts to 
     enhance public awareness of the National Oceanic and 
     Atmospheric Administration, its purposes, programs, 
     activities and the results thereof, including education and 
     outreach to the public, teachers, students, and ocean 
     resource managers;
       (20) partnering with other government agencies, States, 
     academia, and the private sector, via cooperative agreements 
     or other formal or informal arrangements, to improve the 
     acquisition of data and information and the implementation of 
     management, monitoring, research, exploration, education, and 
     other programs;
       (21) partnering with other Federal agencies and with States 
     and communities to address the issues of land-based 
     activities and their impact on the ocean environment; and
       (22) coordination with other Federal agencies having 
     related responsibilities.

     SEC. 205. POWERS OF THE ADMINISTRATOR.

       (a) Delegation.--Unless otherwise prohibited by law or 
     reserved by the Secretary of Commerce, the responsibilities 
     of the Administrator may be delegated by the Administrator to 
     other officials in NOAA, and may be redelegated as authorized 
     by the Administrator.
       (b) Regulations.--The Administrator is authorized to issue, 
     amend, and rescind such rules and regulations as are 
     necessary or appropriate to carry out the responsibilities 
     and functions of the Administrator. The promulgation of such 
     rules and regulations shall be governed by the provisions of 
     chapter 5 of title 5, United States Code.
       (c) Contracts.--The Administrator is authorized, without 
     regard to section 3324(a) and (b) of title 31, United States 
     Code, to enter into and perform such contracts, leases, 
     grants, cooperative agreements, or other transactions 
     (without regard to chapter 63 of title 31, United States 
     Code), as may be necessary to carry out NOAA's purposes and 
     authorities, on terms the Administrator deems appropriate, 
     with Federal agencies, instrumentalities, and laboratories, 
     State and local governments, including territories or 
     posessions, Native American tribes and organizations, 
     international organizations, foreign governments, educational 
     institutions, nonprofit organizations, commercial 
     organizations, and other public and private persons or 
     entities.
       (d) Gifts and Donations.--
       (1) In general.--Notwithstanding section 1342 of title 31, 
     United States Code, and subject to such conditions and 
     covenants the Administrator deems appropriate, the 
     Administrator is authorized to accept, hold, administer, and 
     utilize--
       (A) gifts, bequests or donations of services, money or 
     property, real or personal (including patents and rights 
     thereunder), mixed, tangible or intangible, or any interest 
     therein;
       (B) contributions of funds; and
       (C) funds from Federal agencies, instrumentalities, and 
     laboratories, State and local governments, Native American 
     tribes and organizations, international organizations, 
     foreign governments, educational institutions, nonprofit 
     organizations, commercial organizations, and other public and 
     private persons or entities.
       (2) Use, obligation, and expenditure.--The Administrator 
     may use property and services accepted by NOAA under 
     paragraph (1) to carry out the mission and purposes of NOAA. 
     Amounts accepted by NOAA under paragraph (1) shall be 
     available for obligation by NOAA, and be available for 
     expenditure by NOAA to carry out mission and purposes of 
     NOAA.
       (e) Facilities and Personnel.--The Administrator may use, 
     with their consent, and with or without reimbursement, the 
     services, equipment, personnel, and facilities of Federal 
     agencies, instrumentalities and laboratories, State and local 
     governments, Native American tribes and organizations, 
     international organizations, foreign governments, educational 
     institutions, nonprofit organizations, commercial 
     organizations, and other public and private persons or 
     entities.
       (f) Information.--The Administrator shall provide for the 
     most practicable and widest appropriate dissemination of 
     information concerning NOAA, its purposes, programs, 
     activities and the results thereof, including authority to 
     conduct education, technical assistance and outreach to the 
     public, teachers, students, and ocean and coastal resource 
     managers.
       (g) Acquisition and Construction.--The Administrator may--
       (1) acquire (by purchase, lease, condemnation, or 
     otherwise), lease, sell, or convey, services, money or 
     property, real or personal (including patents and rights 
     thereunder), mixed, tangible or intangible, or any interest 
     therein; and
       (2) construct, improve, repair, operate, maintain or 
     dispose of real or personal property, including buildings, 
     facilities, and land.

     SEC. 206. ENFORCEMENT.

       (a) Authority.--The Administrator shall have the authority 
     to enforce the applicable provisions of any Act, the 
     enforcement of which is, in whole or in part, assigned, 
     delegated, or transferred to the Administrator, and any term 
     of a license, permit, regulation, or order issued pursuant 
     thereto. The Administrator may designate any person, officer, 
     or agency to exercise his authority under this title.
       (b) Use of State Personnel.--
       (1) In general.--The Administrator may--
       (A) utilize by agreement, with or without reimbursement, 
     the personnel, services, and facilities of any State agency 
     to the extent the Administrator deems it necessary and 
     appropriate for effective enforcement of any law for which 
     the Administrator has enforcement authority; and
       (B) designate such personnel to exercise the enforcement 
     authority of the Administrator under subsection (a).
       (2) Status and powers.--Any personnel designated by the 
     Administrator under paragraph (1)(B)--
       (A) shall not be deemed to be Federal employees (except as 
     provided in subparagraph (D)) and shall not be subject to the 
     provisions of law relating to Federal employment, including 
     those relating to hours of work, competitive examination, 
     rates of compensation, and Federal employee benefits, but may 
     be considered to be eligible for compensation for work-
     related injuries under subchapter III of chapter 81 of title 
     5, United States Code, sustained while acting pursuant to 
     such designation;
       (B) shall be considered to be investigative or law 
     enforcement officers of the United States for purposes of the 
     tort claim provisions of title 28, United States Code;
       (C) may, to the extent specified by the Administrator, 
     search, seize, arrest, and exercise any other law enforcement 
     functions or authorities described in this title where such 
     authorities are made applicable by this or other law to 
     employees, officers, or other persons designated or employed 
     by the Administrator; and
       (D) shall be considered to be officers or employees of the 
     Department of Commerce for purposes of sections 111 and 1114 
     of title 18, United States Code.
       (c) Cooperative Enforcement Agreements.--The Administrator 
     may enter into cooperative agreements with State authorities 
     to ensure coordinated enforcement of State and Federal laws 
     and by such agreements assume enforcement authority under 
     State law when the Administrator and State authorities deem 
     it to be appropriate. When so authorized, the Administrator 
     or the Administrator's designee may function as a State law 
     enforcement officer within the scope of the delegation, 
     except that Federal law shall control the resolution of any 
     conflict concerning the employee status of any Federal 
     officer while enforcing State law.

     SEC. 207. REGIONAL CAPABILITIES.

       The Administrator of The National Oceanic and Atmospheric 
     Administration shall--
       (1) organize agency activities and programs around common 
     eco-regional boundaries

[[Page 15398]]

     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 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.

[[Page 15399]]



     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);
       (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

[[Page 15400]]

       (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 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

[[Page 15401]]

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.

[[Page 15402]]

       (11) The Commanding General of the Army Corps of Engineers.
       (12) The Director of the National Institutes of Health.
       (13) Under Secretary of Agriculture for Research, 
     Education, and Economics.
       (14) The Assistant Secretary of State for Oceans and 
     International Environmental and Scientific Affairs.
       (15) The Director of the Defense Advanced Research Projects 
     Agency.
       (16) The Director of the Office of Science and Technology 
     Policy.
       (17) The Director of the Office of Management and Budget.
       (18) The leadership of such other Federal agencies and 
     departments as the chair and vice chairs of the Committee 
     deem appropriate
       (c) Chair and Vice Chairs.--The chair and vice chairs of 
     the Committee shall be appointed every 2 years by a selection 
     subcommittee of the Committee composed of, at a minimum, the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, the Director of the National Science 
     Foundation, and the Secretary of the Navy. The term of office 
     of the chair and vice chairs shall be 2 years. A person who 
     has previously served as chair or vice chair may be 
     reappointed.
       (d) Responsibilities.--The Committee shall--
       (1) serve as the primary source of advice and support on 
     ocean science for the 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.

[[Page 15403]]

       (5) Technology and sensor development, including the 
     transition of such technologies to operations.
       (6) Workforce and professional development including 
     traineeships, scholarships, fellowships and internships.
       (7) Ocean science education coordination and establishment 
     of mechanisms to improve ocean literacy and contribute to 
     public awareness of the condition and importance of the 
     oceans.
       (8) Information management systems that allow analysis of 
     data from varied sources to produce information readily 
     usable by policymakers and stakeholders.
       (d) Public Participation.--In developing the strategy, the 
     Committee shall consult with the Advisory Panel, academic, 
     State, industry, and conservation groups and representatives. 
     Not later than 90 days before the Chair of the Council 
     submits the strategy, or any revision thereof, to the 
     Congress, a summary of the proposed strategy or revision 
     shall be published in the Federal Register for a public 
     comment period of not less than 60 days.

     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,

[[Page 15404]]

     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).
       (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

[[Page 15405]]

     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;
       (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.

                          ____________________