[Senate Report 117-74]
[From the U.S. Government Publishing Office]
Calendar No. 206
117th Congress } { Report
SENATE
2d Session } { 117-74
_______________________________________________________________________
BLUE GLOBE ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 140
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
February 15, 2022.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
29-010 WASHINGTON : 2022
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred seventeenth congress
second session
MARIA CANTWELL, Washington, Chair
AMY KLOBUCHAR, Minnesota ROGER WICKER, Mississippi
RICHARD BLUMENTHAL, Connecticut JOHN THUNE, South Dakota
BRIAN SCHATZ, Hawaii ROY BLUNT, Missouri
EDWARD MARKEY, Massachusetts TED CRUZ, Texas
GARY PETERS, Michigan DEB FISCHER, Nebraska
TAMMY BALDWIN, Wisconsin JERRY MORAN, Kansas
TAMMY DUCKWORTH, Illinois DAN SULLIVAN, Alaska
JON TESTER, Montana MARSHA BLACKBURN, Tennessee
KYRSTEN SINEMA, Arizona TODD YOUNG, Indiana
JACKY ROSEN, Nevada MIKE LEE, Utah
BEN RAY LUJAN, New Mexico RON JOHNSON, Wisconsin
JOHN HICKENLOOPER, Colorado SHELLEY MOORE CAPITO, West Virginia
RAPHAEL WARNOCK, Georgia RICK SCOTT, Florida
CYNTHIA LUMMIS, Wyoming
Melissa Porter, Acting Staff Director
John Keast, Minority Staff Director
Calendar No. 206
117th Congress } { Report
SENATE
2d Session } { 117-74
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BLUE GLOBE ACT
_______
February 15, 2022.--Ordered to be printed
_______
Ms. Cantwell, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 140]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 140) to improve data collection
and monitoring of the Great Lakes, oceans, bays, estuaries, and
coasts, and for other purposes, having considered the same,
reports favorably thereon with an amendment (in the nature of a
substitute) and recommends that the bill (as amended) do pass.
Purpose of the Bill
S. 140 would promote data collection, analysis, synthesis,
and sharing, monitoring, and exploration of the Great Lakes,
oceans, bays, estuaries, and coasts to advance science and
operational decision making.
Background and Needs
NOAA WORKFORCE
In 2001, the Government Accountability Office (GAO)
identified acquiring and developing a skilled workforce at the
National Oceanic and Atmospheric Administration (NOAA) as a
high-risk area for mismanagement.\1\ The absence of mission-
critical skills impede agencies' abilities to fulfill their
tasks and achieve results in the most cost-efficient manner.\2\
The lack of resources for recruiting, retaining, and developing
staff caused decreased capacity in NOAA's Workforce Management
Office and a hiring backlog for the National Weather Service
(NWS) in 2013.\3\ Unfilled vacancies in the NWS led to managers
and staff needing to perform additional tasks to ensure that
life-saving forecasts and warnings were issued.\4\
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\1\GAO, High Risk Series: An Update, GAO-01-2683, 2001 (https://
www.gao.gov/products/gao-01-263).
\2\GAO, National Weather Service: Actions Have Been Taken to Fill
Increasing Vacancies, but Opportunities Exist to Improve and Evaluate
Hiring, GAO-17-364, 2017 (https://www.gao.gov/assets/gao-17-364.pdf).
\3\Ibid.
\4\Ibid.
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In addition to hiring backlogs, other NOAA workforce issues
include the lack of workforce diversity. In October 2016, NOAA
developed its Diversity and Inclusion Strategic Plan, as
required by Executive Order 13583--Establishing a Coordinated
Government-wide Initiative to Promote Diversity and Inclusion
in the Federal Workforce.\5\ To promote diversity and
inclusion, NOAA identified three goals as part of its plan: (1)
recruit a diverse, highly capable workforce; (2) build a work
environment that promotes inclusion; and (3) build sustained
leadership commitment to a diverse and inclusive NOAA through
accountability, data, and education. Though NOAA has
experienced increased participation rates among minority groups
over the years, the rates are still lower than expected. NOAA
continues to remain committed to examining barriers limiting a
diverse workforce.\6\
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\5\National Oceanic and Atmospheric Administration, Office of
Inclusion and Civil Rights, NOAA Diversity and Inclusion Implementation
Plan--Workforce Diversity, 2017 (https://www.eeo.noaa.gov/d&i/
diversity_inclusion_strategic_plan.html).
\6\National Oceanic and Atmospheric Administration, Management
Directive 715: Equal Employment Opportunity Program Status Report, FY
2017 (https://www.noaa.gov/sites/default/files/legacy/document/2020/
Sep/MD715-FY%202017-Final.pdf).
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ELECTRONIC MONITORING
Electronic monitoring (EM) can be a more accurate,
efficient, and timely method to record fish catch and effort
data compared to paper-based logbooks. There are multiple ways
to implement electronic monitoring systems, for example by
using cameras and sensors (e.g., GPS receivers, sensors to
detect activities, control box to record data).\7\ The system
then can record fish species, fishing time and location, catch
handling, number of bycatch, and catch counting.\8\ In 2015, EM
was fully implemented in the Atlantic and Gulf pelagic longline
fishery to observe bluefin tuna bycatch.\9\ Starting in May
2021, fishers in the groundfish fishery can opt to deploy EM
systems to replace human at-sea monitors. Differences in
fishery dynamics, target species, vessel sizes, and fishing
gear all require specialized EM systems. Despite the potential
benefits of EM, there are still numerous challenges in the
design and implementation of EM. For example, data storage and
access can be very costly, and human data and video review can
be costly and untimely. To scale up EM usage in different
fisheries, these challenges need to be addressed.
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\7\National Marine Fisheries Service, ``Electronic Monitoring in
the Northeast'' (https://www.fisheries.noaa.gov/new-england-mid-
atlantic/commercial-fishing/electronic-monitoring-northeast#how-
electronic-monitoring-works) (accessed May 18, 2021).
\8\Ibid.
\9\EDF, Electronic Technologies and Data Policy for U.S. Fisheries:
Key Topics, Barriers, and Opportunities, July 2020 (https://
www.edf.org/sites/default/files/documents/EDFWhitePaper%2C
ElectronicTechnologiesAndDataPolicyForU.S.Fisheries%2C6-22-20.pdf).
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BLUE ECONOMY
Over 40 percent of all Americans currently live in coastal
regions, and these regions account for nearly half of total
economic productivity in the United States,\10\ with 3.2
million employees working in 152,000 businesses in the ocean
and Great Lakes economies, earning $128 billion in wages as of
2015.\11\ In 2015, employment in the ocean economy added 97,000
jobs, an increase of 3.2 percent, compared to the national
average employment growth of 2.1 percent.\12\ In 2018,
America's blue economy contributed $373 billion to the Nation's
gross domestic product (GDP) and grew faster than the Nation's
GDP as a whole.\13\ The top five sectors that contributed to
the marine economy were: tourism and recreation ($143 billion),
National Defense and public administration ($124 billion),
offshore minerals ($49 billion), transportation and warehousing
($25 billion), and living resources ($13 billion).\14\
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\10\NOAA Digital Coast, ``Socioeconomic Data Summary'' (https://
coast.noaa.gov/data/digitalcoast/pdf/socioeconomic-data-summary.pdf)
(accessed May 22, 2018).
\11\National Oceanic and Atmospheric Administration, Office for
Coastal Management, NOAA Report on the U.S. Ocean and Great Lakes
Economy, 2018 (https://coast.noaa.gov/data/digitalcoast/pdf/econ-
report-2015.pdf).
\12\Ibid.
\13\NOAA, ``Marine Economy in 2018 Grew Faster Than U.S. Overall,''
press release, June 2, 2020 (https://www.noaa.gov/media-release/marine-
economy-in-2018-grew-faster-than-us-overall).
\14\Ibid.
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ADVANCED RESEARCH PROJECTS AGENCY-OCEANS
The Defense Advanced Research Projects Agency (DARPA) was
established over 60 years ago and has continued to make pivotal
investments in technological development for United States
national security. Working with innovators inside and outside
the Government (academic, nonprofit, and for-profit) has led to
groundbreaking innovations, such as the internet, automated
voice recognition, and Global Positions System (GPS) receivers
small enough to embed in consumer devices.\15\ In 2007,
following a report by the National Academies, Congress passed
the America COMPETES Act, which authorized the creation of the
Advanced Research Project Agency Energy (ARPA-E). ARPA-E was
modeled after DARPA to maintain the United States' advantages
in science and technology, and to advance high-impact and high-
potential energy technologies that are too early for private-
sector investment.
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\15\Defense Advanced Research Projects Agency, ``About DARPA''
(https://www.darpa.mil/about-us/about-darpa) (accessed July 13, 2020).
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There has been an interest in examining the potential need
for an ARPA entity for the advancement of oceans technology.
There are several Federal entities that currently conduct ocean
research. For example, in December 2017, DARPA announced the
creation of the Ocean of Things program to enable persistent
maritime situational awareness through a low-cost distributed
sensor network. Each sensor would contain a suite of
commercially available sensors to collect environmental data as
well as activity data about vessels, aircraft, and marine
mammals. The floats housing sensors would transmit data
periodically via satellite to a cloud network for storage and
real-time analysis.\16\ Additionally, NOAA's Oceanic and
Atmospheric Research (OAR) line office ``provides the research
foundation for understanding the complex systems that support
our planet,'' which includes a substantial investment in ocean
research.\17\
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\16\Defense Advanced Research Projects Agency, ``Ocean of Things
Aims to Expand Maritime Awareness Across Open Seas,'' December 6, 2017
(https://www.darpa.mil/news-events/2017-12-06).
\17\NOAA, Oceanic and Atmospheric Research, ``About Us'' (https://
research.noaa.gov/) (accessed on July 31, 2020).
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Summary of Provisions
If enacted, S. 140, the BLUE GLOBE Act, would do the
following:
Direct the Under Secretary of Commerce for Oceans
and Atmosphere to conduct a study through the National
Academy of Sciences on scientific workforce and develop
a workforce development program to address workforce
issues identified;
Accelerate innovation at NOAA cooperative institutes
by focusing on emerging technologies;
Establish a program to improve data collection and
synthesis on blue economy industries related to the
Great Lakes, oceans, bays, estuaries, and coasts;
Direct the Under Secretary of Commerce for Oceans
and Atmosphere to enter into an agreement with the
National Academy of Sciences to conduct a comprehensive
assessment on the need for and feasibility of an
Advanced Research Projects Agency-Oceans (ARPA-O)
within NOAA.
Legislative History
S. 140, the Bolstering Long-Term Understanding and
Exploration of the Great Lakes, Oceans, Bays, and Estuaries Act
or the BLUE GLOBE Act, was introduced on January 28, 2021, by
Senator Whitehouse and was referred to the Committee on
Commerce, Science, and Transportation of the Senate. On March
2, 2021, Senator Murkowski was added as a cosponsor, and
Senators Merkley and Portman became cosponsors on March 9,
2021. On May 12, 2021, the Committee met in open Executive
Session and, by voice vote, ordered S. 140 reported favorably
with an amendment (in the nature of a substitute).
116TH CONGRESS
A similar act, S. 933, was introduced on March 28, 2019, by
Senator Whitehouse (for himself and Senator Murkowski) and was
referred to the Committee on Commerce, Science, and
Transportation of the Senate. On July 22, 2020, the Committee
met in open Executive Session and, by voice vote, ordered S.
933 reported favorably with an amendment (in the nature of a
substitute).
A related bill, H.R. 3548, the BLUE GLOBE Act, was
introduced on June 27, 2019, by Representative Suzanne Bonamici
(for herself and Representative Don Young) and referred to the
Committees on Natural Resources; Science, Space and Technology;
and Education and Labor in the House of Representatives. Seven
additional cosponsors were later added.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 18, 2022.
Hon. Maria Cantwell,
Chair, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Madam Chair: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 140, the BLUE GLOBE
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 140 would require the National Oceanic and Atmospheric
Administration (NOAA) to contract with the National Academy of
Sciences (NAS) to complete two studies and report the results
to the Congress. One study would assess the supply of skilled
labor in the federal, private, and nonprofit sectors for
oceanic and atmospheric research. The other would assess
whether a new advanced oceanic research agency is needed within
NOAA.
S. 140 also would direct NOAA to evaluate the benefits of
using emerging technology to support oceanic research and
monitoring within several programs. The bill would require
NOAA, in coordination with the Bureau of Economic Analysis, to
periodically study the value and effects of industries related
to the Great Lakes and other major bodies of water in the
United States and to report those findings biennially to the
Congress. Finally, the bill would require NOAA to establish a
competition to develop fisheries monitoring equipment and data
analysis tools.
The bill states that no appropriations are authorized to
implement the requirements. However, using information on
similar activities, CBO expects that NOAA would require seven
additional full-time-equivalent employees as well as additional
equipment and funding to service the NAS contracts and award
prizes under the new competition. Using information on the
duration of and awards given out for recent prize competitions
administered by NOAA, CBO expects prizes would total about
$600,000 and would be awarded in 2026.
On that basis, CBO estimates that implementing S. 140 would
cost $6 million over the 2022-2026 period; such spending would
be subject to the availability of appropriated amounts.
The CBO staff contact for this estimate is Robert Reese.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Regulatory Impact Statement
Because S. 140 does not create any new programs, the
legislation will have no additional regulatory impact, and will
result in no additional reporting requirements. The legislation
will have no further effect on the number or types of
individuals and businesses regulated, the economic impact of
such regulation, the personal privacy of affected individuals,
or the paperwork required from such individuals and businesses.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section. 1. Short title.
This section would provide that the bill may be cited as
the ``Bolstering Long-term Understanding and Exploration of the
Great Lakes, Oceans, Bays, and Estuaries Act'' or the ``BLUE
GLOBE Act''.
Section 2. Purpose.
This section would provide that the purpose of the bill
would be to better facilitate science and operational decision
making of the Great Lakes, oceans, bays, estuaries, and the
coasts.
Section 3. Sense of Congress.
This section would highlight the sense of Congress that
agencies should optimize data collection, management, and
dissemination to maximize the impacts, among other things, on
science and policymaking with respect to the Great Lakes,
oceans, bays, estuaries, and coasts.
Section 4. Definitions.
This section would define the terms ``Administrator'' and
``Indian Tribe''.
Section 5. Workforce study.
This section would amend the America COMPETES
Reauthorization Act\18\ by requiring the Under Secretary of
Commerce for Oceans and Atmosphere to request the National
Academy of Sciences to conduct a study on the scientific
workforce in the areas of oceanic and atmospheric research and
development. The study would, among other things, investigate:
(1) whether there is a shortage in the number of individuals
with technical or trade-based skillsets for careers in the
oceanic and atmospheric field; (2) workforce diversity and
actions the agency can take to increase diversity; and (3)
actions the agency can take to shorten the hiring backlog for
this workforce. The report would be submitted to Congress
within 18 months of enactment of this Act.
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\18\33 U.S.C. 893c(a).
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Section 6. Accelerating innovation at Cooperative Institutes.
This section would direct the Administrator to evaluate
whether to include advancing: (1) applied use and development
of advanced genetic technologies (e.g., eDNA); (2) deployment
and improvements to advanced unmanned vehicles; and (3)
supercomputing and big data management, as part of the goals of
NOAA's Cooperative Institutes.
Section 7. Electronic Monitoring Innovation Prize.
This section would direct the Administrator, in
consultation with the heads of relevant Federal agencies and
nongovernmental partners, to establish the Electronic
Monitoring Innovation Prize.
Section 8. Blue Economy valuation.
This section would direct the Administrator, in
collaboration with the heads of relevant Federal agencies, to
prioritize the collection, aggregation, and analysis of data to
measure the value and impact of industries related to the Great
Lakes, oceans, bays, estuaries, and coasts. This section would
also list what Blue Economy industries include.
Section 9. Advanced Research Projects Agency-Oceans.
This section would direct the Administrator to request the
National Academy of Science to conduct a comprehensive
assessment of the need for and feasibility of establishing an
Advanced Research Projects Agency-Oceans (ARPA-O) that operates
within NOAA. This report would include an assessment of how an
ARPA-O could help overcome the long-term and high-risk
technological barriers in the development of ocean technologies
and evaluation of the organizational structures under which an
ARPA-O could be organized.
Section 10. No additional funds authorized.
This section would ensure that no additional funds are
authorized to carry out this Act.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
AMERICA COMPETES REAUTHORIZATION ACT OF 2010
[33 U.S.C. 893c(a)-(d)]
* * * * * * *
TITLE III--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
* * * * * * *
SEC. 303. WORKFORCE STUDY.
(a) In General.--The [Secretary of Commerce] Under
Secretary of Commerce for Oceans and Atmosphere, in cooperation
with the Secretary of Education, shall request the National
Academy of Sciences to conduct a study on the scientific
workforce in the areas of oceanic and atmospheric research and
development. The study shall investigate--
(1) whether there is a shortage in the number of
individuals with advanced degrees in oceanic and
atmospheric sciences who have the ability to conduct
high quality scientific research in physical and
chemical oceanography, meteorology, and atmospheric
modeling, and related fields, for government,
nonprofit, and private sector entities;
(2) whether there is a shortage in the number of
individuals with technical or trade-based skillsets or
credentials suited to a career in oceanic and
atmospheric data collection, processing, satellite
production, or satellite operations;
[(2)](3) what Federal programs are available to
help facilitate the education of students hoping to
pursue these degrees, skillsets, or credentials;
[(3)](4) barriers to transitioning highly qualified
oceanic and atmospheric scientists or highly qualified
technical professionals and tradespeople into Federal
civil service scientist career tracks;
[(4)](5) what institutions of higher education, the
private sector, and the Congress could do to increase
the number of individuals with such post baccalaureate
degrees, skillsets, or credentials;
[(5)](6) the impact of an aging Federal [scientist]
workforce on the ability of Federal agencies to conduct
high quality scientific research[; and], observations,
and monitoring;
[(6)](7) what actions the Federal government can
take to assist the transition of highly qualified
scientists [into Federal career scientist positions and
ensure that the experiences of retiring Federal
scientists are adequately documented and transferred
prior to retirement from Federal service.], technical
professionals, and tradespeople into Federal career
positions;
(8) workforce diversity and actions the Federal
Government can take to increase diversity in the
scientific workforce; and
(9) actions the Federal Government can take to
shorten the hiring backlog for such workforce.
(b) Coordination.--The [Secretary of Commerce] Under
Secretary of Commerce for Oceans and Atmosphere and the
Secretary of Education shall consult with the heads of other
Federal agencies and departments with oceanic and atmospheric
expertise or authority in preparing the specifications for the
study.
(c) Report.--No later than 18 months after [the date of
enactment of this Act] the date of the enactment of the
Bolstering Long-term Understanding and Exploration of the Great
Lakes, Oceans, Bays, and Estuaries Act, the [Secretary of
Commerce] Under Secretary of Commerce for Oceans and Atmosphere
and the Secretary of Education shall transmit a joint report
[to each committee of Congress with jurisdiction over the
programs described in 4002(b) of the America COMPETES Act (33
U.S.C. 893a(b)), as amended by section 302 of this Act] to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Natural Resources and the Committee
on Science, Space, and Technology of the House of
Representatives, detailing the findings and recommendations of
the study and setting forth a prioritized plan to implement the
recommendations.
(d) Program and Plan.--The [Administrator of the National
Oceanic and Atmospheric Administration] Under Secretary of
Commerce for Oceans and Atmosphere shall evaluate the National
Academy of Sciences study and develop a workforce program and
plan to institutionalize the Administration's Federal science
career pathways and address aging workforce issues. The program
and plan shall be developed in consultation with the
Administration's cooperative institutes and other [academic
partners to identify and implement programs and mechanisms to
ensure that--] academic partners.
(1) sufficient highly qualified scientists are able
to transition into Federal career scientist positions
in the Administration's laboratories and programs; and
(2) the technical and management experiences of
senior employees are documented and transferred before
leaving Federal service.
* * * * * * *
[all]