[Senate Report 108-407]
[From the U.S. Government Publishing Office]
108th Congress 2d Session SENATE Report
108-407
_______________________________________________________________________
Calendar No. 799
FRITZ HOLLINGS NATIONAL OCEAN POLICY AND LEADERSHIP ACT
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R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2647
November 10, 2004.--Ordered to be printed
Filed, under authority of the order of the Senate of October 11, 2004
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eighth congress
second session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
FRANK LAUTENBERG, New Jersey
Jeanne Bumpus, Staff Director and General Counsel
Rob Freeman, Deputy Staff Director
Kevin D. Kayes, Democratic Staff Director and Chief Counsel
(ii)
Calendar No. 799
108th Congress Report
SENATE
2d Session 108-407
======================================================================
FRITZ HOLLINGS NATIONAL OCEAN POLICY AND LEADERSHIP ACT
_______
November 10, 2004.--Ordered to be printed
Filed, under authority of the order of the Senate of October 11, 2004
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 2647]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (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'',
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. 2647, as reported, would implement many of the
governance-related recommendations of the United States
Commission on Ocean Policy (U.S. Ocean Commission). The bill
would set forth a national ocean policy to be implemented by
Federal agencies, establish the National Oceanic and
Atmospheric Administration (NOAA) as the lead Federal civilian
ocean and atmospheric agency, and direct the agency to
reorganize along functional lines. The bill would also promote
better cooperation on ocean priorities by establishing
mechanisms for focused interagency coordination on ocean and
atmospheric policy and science issues. Finally, the bill would
call for the President to make recommendations to Congress on
Federal reorganization and other changes designed to address
oceanic and atmospheric priorities.
Background and Needs
The legislation responds to many of the structural and
governance-related recommendations of the Final Report of the
U.S. Ocean Commission, which was the subject of a Full
Committee hearing on September 21, 2004. The Commission was
established pursuant to the Oceans Act of 2000 (P.L. 106-256),
legislation introduced by Senator Hollings, and cosponsored by
a number of Committee members, including Senators Stevens,
Inouye, Kerry, Snowe, Breaux, and Wyden. The bill, supported by
a broad coalition of interested entities, including coastal
states, industry groups, conservation groups, and academic
institutions, was signed into law by President Clinton on
August 7, 2000.
The Oceans Act of 2000 directed the President to appoint a
16-member Ocean Commission, of which 12 members were required
to be selected from lists of nominees submitted by the Senate
and House majority and minority leaders, in consultation with
Chairmen and Ranking Members of key committees, including the
Senate Commerce Committee. The 16 Commissioners were appointed
by President Bush on July 3, 2001. The Commission is chaired by
Admiral James D. Watkins, USN (Ret.). The Commission was
charged with making recommendations for a coordinated and
comprehensive national ocean policy that would promote: (1) the
protection of life and property; (2) stewardship of ocean and
coastal resources; (3) protection of the marine environment and
prevention of marine pollution; (4) enhancement of marine
commerce; (5) expansion of human knowledge of the marine
environment; (6) investments in technologies to promote energy
and food security; (7) close cooperation among government
agencies; and (8) United States leadership in ocean and coastal
activities globally.
Since its first meeting in Washington D.C. on September 17,
2001, the Commission held a total of 15 meetings to hear
testimony in all regions of the country, including the
Caribbean, Gulf of Mexico, Hawaii, Alaska, and the Great Lakes.
In addition to these regional meetings, the Commission held
public deliberative meetings in Washington, D.C. to discuss
policy options and recommendations. The Commission heard from
more than 400 witnesses, including representatives from Federal
agencies, States, industry, academic experts, environmental
organizations, and private citizens. After submitting a
Preliminary Report to the Governors for comment, the Commission
released its Final Report (Report) on September 20, 2004.
Pursuant to the Oceans Act of 2000, the President is required
to submit a response with recommendations to Congress within 90
days of receiving the Report.
NEED FOR A REVISED NATIONAL POLICY
The last effort to examine United States ocean policy began
in 1966, when Congress enacted the Marine Resources and
Engineering Development Act (1966 Act) in order to define
national objectives and programs with respect to the oceans.
The 1966 Act was comprised of three primary elements: (1) a
declaration of United States policy and objectives with respect
to marine science activities; (2) establishment of a National
Council on Marine Resources and Engineering Development; and
(3) creation of a Presidential commission on marine science,
engineering, and resources. Dr. Julius A. Stratton, a former
president of the Massachusetts Institute of Technology and
then-chairman of the Ford Foundation, led the commission
created in the 1966 Act on an unprecedented investigation of
this Nation's relationship with the oceans.
The work of the Stratton Commission led directly to the
creation of NOAA in 1970. While the Commission called for the
centralization of Federal civilian ocean efforts within a
single new independent agency, a compromise was achieved, and
NOAA was created from combining a number of entities within the
Department of Commerce by Reorganization Plan Number 4 of 1970
and Executive Order 11564. The Stratton Commission report also
laid the groundwork for enactment of the Coastal Zone
Management Act (CZMA) in 1972 as well as the Fishery
Conservation and Management Act in 1976, and it established
priorities for Federal ocean activities that have guided this
Nation for almost thirty years.
The Commission's Final Report recognized a number of
substantial changes since 1966 that argue strongly for a new
approach to Federal ocean and atmospheric policy, as well as
the need for a fundamentally improved Federal structure that
will provide the increased attention and coordination needed to
address new challenges.
First, along with the growth of ocean-related activities in
the past thirty years, the United States legal and bureaucratic
framework related to the oceans has become increasingly
complex. In 1966, neither NOAA nor the Environmental Protection
Agency (EPA) existed. A number of laws with major impacts on
the conduct of ocean and coastal activities had yet to be
enacted, including the CZMA, the Magnuson-Stevens Fishery
Conservation and Management Act, the Marine Mammal Protection
Act, the National Marine Sanctuaries Act, the Oil Pollution
Act, and the Endangered Species Act. More than half of the
fifteen Federal departments now have programs that relate to
the oceans and coasts. In addition to the creation of these
Federal agencies and programs, States have become more actively
involved in ocean and coastal policy issues.
Second, coastal areas, which generate over half of the
gross domestic product ($4.5 trillion in 2000), are subject to
increasing use for commerce, recreation, and development,
activities addressed by a variety of State and Federal
programs. By the year 2025, it is estimated that approximately
75 percent of Americans will live in coastal areas, putting
more people at risk from natural hazards, fragmenting wildlife
habitat, and contributing to coastal pollution. In addition,
Federal waters that already support marine commerce, fishing,
and offshore oil and gas development are becoming increasingly
attractive for a host of new enterprises, ranging from offshore
aquaculture to wind energy development, which is leading to
regulatory confusion, user group conflicts, lost development
opportunities, and environmental threats.
Third, there is a consensus that living ocean and coastal
resources once considered boundless have limits, and many
marine and coastal habitats are threatened by pollution and a
wide variety of human activities in both coastal and inland
areas. Of the United States' 267 major fish stocks (which
supply 99 percent of commercial landings), nearly 20 percent
are overfished or experiencing overfishing. Half of the
Nation's fresh and saltwater wetlands have disappeared, and in
some local cases, nearly all have disappeared. As the intensity
of the use of the marine environment grows, the lack of
effective governance has become a critical problem requiring a
re-evaluation of national priorities and consideration of new
and innovative approaches.
Fourth, environmental threats to the oceans have grown
increasingly complex. Problems that scientists know little
about continue to emerge, and they require coordinated
assessment, strategies, and responses. In the past 30 years,
occurrences of harmful algal blooms have increased in frequency
and intensity across a wider geographic range, costing the
United States $49 million per year in fisheries closures and
losses in recreation and tourism. Various marine toxins afflict
more than 90,000 people per year and account for 62 percent of
all seafood-related illnesses. In 2003, 18,000 days of beach
closures were ordered due to the presence of bacteria
associated with human waste from local sewage treatment plants.
In addition, recent technological discoveries offer
important new economic and scientific opportunities that bridge
traditional jurisdictional boundaries. Currently, 95 percent of
the world's ocean area remains unexplored, leaving a large
portion of the ocean's potential resources unused or unknown.
For example, scientists have made conservative estimates that
the amount of carbon in frozen gas hydrates on the seafloor is
twice the amount of carbon existing in all other known fossil
fuels on Earth. Although no one can predict what exploration
will yield, past exploration and research has led to
discoveries that have changed our lives fundamentally and
provided information critical to sustainable management of our
living marine resources.
Finally, there is a need to increase our understanding of
the ocean environment to develop coordinated national
strategies to reduce the costs of natural hazards. Since 1989,
at least 14 storms have resulted in losses exceeding $1
billion; no storm before 1989 had ever resulted in economic
losses this large. Coastal erosion caused by sea level rise,
storms, and tsunamis account for the loss of 1,500 homes each
year, and over the next several decades, the average cost per
year for coastal property is expected to be $530 million. While
there have been notable advances in early warning and
evacuation systems to protect human lives, the risk of property
loss continues to escalate and coastal communities are more
vulnerable to major storms than ever before.
NEED FOR STRENGTHENING NOAA AND IMPROVING FEDERAL COORDINATION
The 1970 Federal reorganization of ocean agencies that
created NOAA in the Department of Commerce, authorized by
Reorganization Plan Number 4, consolidated nine programs from
five departments, adding them to the Department of Commerce's
Environmental Sciences Services Administration (ESSA), which
already included the Coast and Geodetic Survey and Weather
Bureau from a 1965 reorganization. Programs added to ESSA at
that time included the Bureau of Commercial Fisheries and
elements of the Bureau of Sport Fisheries and Wildlife (from
the Department of Interior), the National Oceanographic Data
Center (from the Department of the Navy), the National Data
Buoy Project (from the Department of Transportation), and the
Sea Grant program (from the National Science Foundation). The
Plan set forth a broad outline of the agency's organization,
transferred authorities, and generic responsibilities, most of
which relate to research and technical duties previously held
by the component agencies.
In succeeding years, new legislation has expanded NOAA's
responsibilities to include conservation and management,
including the Coastal Zone Management Act, the Magnuson-
Stevens Fishery Conservation and Management Act, the National
Marine Sanctuaries Act, and the Marine Mammal Protection Act.
In addition to Reorganization Plan No. 4, the current scope of
the agency's missions are defined primarily through a variety
of existing legislative mandates or authorizations. One
component of NOAA, the National Weather Service, operates under
its own organic act, which was enacted in 1890. However, no
single law sets forth a comprehensive expression of NOAA's
mission, organization, and basic policies and powers. By
contrast, the United States Fish and Wildlife Service, the
United States Forest Service, and the United States Coast
Guard, all operate under comprehensive ``organic Acts''.
NOAA's budget has grown as it has been given new
responsibilities. In 1970, NOAA was funded at $250 million, but
its budget has grown substantially to $3.7 billion in FY2004,
which represents approximately 62 percent of the Department of
Commerce budget. Led by an Administrator (who also holds the
title of Undersecretary of Commerce for Oceans and Atmosphere)
and a Deputy Administrator (Assistant Secretary of Commerce for
Oceans and Atmosphere), NOAA is structured around six line
offices: (1) the National Ocean Service (NOS); (2) the National
Marine Fisheries Service (NMFS); (3) the National Weather
Service (NWS); (4) the Office of Oceanic and Atmospheric
Research (OAR); (5) the National Environmental Satellite Data
and Information Service (NESDIS); and (6) the Office of Program
Planning and Integration (PPI). Also within NOAA is an Office
of Marine Aviation and Operations (OMAO), which manages the
NOAA uniformed officer corps (NOAA Corps), one of the Nation's
uniformed services which supports all other line office
functions.
NOAA's many achievements since 1970 have come despite
significant programmatic and functional overlaps or disconnects
among the current line offices. Contributing to these problems
is that the agency now operates or is affected by over 180
Federal statutes, none of which sets forth a comprehensive NOAA
organizational framework. These statutory authorities are
widely dispersed throughout many acts, each one addressing
separate functions in isolation from other functions. There is
a clear need to further define and specify NOAA's lead role in
ocean and atmospheric policy, and strengthen, reorganize, and
expand the agency to meet emerging national priorities. The
Committee believes that an organic act for NOAA is needed to
comprehensively codify NOAA's current activities, set forth its
core missions, fill gaps in program authorities, and outline
long-term priorities for the agency. The Committee also
recognizes the need for better integration of agency activities
to enhance the agency's ability to meet NOAA missions and
provide necessary services to the Nation.
In addition, there is a need to evaluate whether the
Federal government as a whole is appropriately organized to
meet new challenges and priorities. Many experts have pointed
to the need to provide NOAA independence, particularly with
respect to budget, scientific, and administrative matters. The
Committee heard such recommendations from former administrators
of NOAA, the National Aeronautics and Space Administration
(NASA), and the National Science Foundation (NSF), who pointed
to these independent agencies as a model for NOAA to follow in
order to secure budget growth, increase visibility, and improve
accountability. Others suggest that, in the short term,
providing budgetary and administrative independence within a
cabinet-level agency may provide both high level attention and
a basis for increased funding.
In the long run, there is also a need to consider further
realignment and reorganization of Federal ocean and atmospheric
programs to ensure better coordination, improve effectiveness,
and reduce duplication of effort. Up to 15 Federal departments
or agencies have ocean and coastal responsibilities. It will be
necessary to improve coordination and organization of Federal
ocean and atmospheric agencies and programs, including
consolidation and transfer of programs. Some believe such a
reorganization would be facilitated through the establishment
of an independent NOAA first. Others believe that the growth
and consolidation of programs at NOAA should occur before a
decision on NOAA independence or elevation of the agency to
Departmental status. The Committee believes it is imperative to
strengthen NOAA, establish effective interagency coordinating
mechanisms, and set forth a plan and schedule for further
Federal reorganization and coordination.
GOVERNANCE RECOMMENDATIONS OF U.S. OCEAN COMMISSION
The Ocean Commission's work builds upon the legislative and
policy framework established in response to the Stratton
Commission, but it also takes a comprehensive review of the
developments that have occurred since and recommends changes
that may be needed to ensure that the Nation is following a
coherent plan for our ocean future. The Report presents a
series of recommendations that relate to Federal ocean
priorities, coordination, and organization, including
recommendations concerning NOAA.
First, the Report sets forth a series of important
overarching principles that should be employed to guide ocean
policy decision-making now and into the future:
Sustainability
Stewardship (public trust)
Ocean-Land-Atmosphere Connection
Ecosystem-Based Management (including
adoption of a precautionary approach)
Multiple Use Management
Preservation of Marine Biodiversity
(including genetic and ecosystem diversity)
Best Available Science and Information
Adaptive Management
Understandable Law and Clear Decisions
Participatory Governance
Timeliness
Accountability
International Responsibility
Many of these principles are reinforced in specific
recommendations, particularly the concept of ecosystem-based
management, which forms the backbone of the regionally-oriented
science and management philosophy of the Report.
The Report also makes several recommendations intended to
strengthen and coordinate Federal ocean and coastal decision-
making, which currently suffers from lack of Federal leadership
and coordination. These include:
National Coordination. The Commission recommended that the
President, followed by Congress, should establish a Secretary-
level multi-agency National Ocean Council (NOC), with
subsidiary committees (e.g., science and education, management,
international), as well as a non- Federal Presidential Council
of Advisors on Ocean Policy (PCAOP). An Assistant to the
President for Ocean Policy should be appointed to chair both
the NOC and the PCAOP, and be supported by a new White House
Office of Ocean Policy. Strengthened Federal Agency Structure.
The Commission, recognizing that NOAA has become the lead
Federal agency for oceans issues, strongly recommended that
Congress strengthen NOAA in a three-phase process, stating that
immediate strengthening of the agency's ability to fulfill its
missions is critical.
Phase I, which the Commission recommends implementing
immediately, is enactment of an organic act for the agency. The
Commission recommended structuring NOAA around three mission
areas in an organic act, consistent with the principle of
ecosystem-based management and focuses on three functions: (1)
assessment, predictions, and operations; (2) resource
management; and (3) research and education. The Commission did
not specify whether the current offices should be
disestablished or whether they should be managed around cross-
cutting missions, but it stated that improved interaction
within these categories is needed so that NOAA's functions
(e.g., science and management) complement and support each
other.
In addition, the Report pointed to the need for budget
support for the agency. The Commission stated that NOAA's
placement within the Department of Commerce not only
contributed to lack of visibility of the agency, but has
definite budgetary implications as the agency seeks increases.
In particular, the Report notes that because NOAA program
budgets are evaluated, with other Commerce programs, by the
General Government Programs directorate of the Office of
Management and Budget, they are reviewed by examiners without
specialized expertise that is relevant to NOAA programs. In
addition, such placement precludes NOAA program budgets from
being examined from an ecosystem perspective alongside other
science and resource programs in the Federal government. Such a
view is corroborated by testimony before the Committee, in
which at least one witness stated that Congress, rather than
the executive branch, has driven NOAA budget increases over
time.
Phase II, which would occur during the next few years, is
the consolidation of certain ocean- and coastal-related
functions in other agencies, including movement into NOAA. The
Commission noted that during the 1970 reorganization many
programs that arguably should have become part of NOAA were
left in other departments. As a result, programs have
proliferated and in some cases the number of agencies
addressing a similar issue causes fragmentation that diffuses
responsibility, introduces unnecessary overlap, raises
administrative costs, and interferes with the development of a
comprehensive management regime. The Report suggested
considering consolidation of programs found in the following
agencies: the Department of Interior, Environmental Protection
Agency, the Directorate of Civil Works in the United States
Army Corps of Engineers, and NASA. Categories for such
consolidation include programs relating to: area-based ocean
and coastal management; nonpoint source pollution; vessel
pollution; invasive species; marine mammals; aquaculture; and
satellite earth observing operations.
Phase III, a long-term action, would be to undertake a
Federal reorganization of ocean and environmental programs and
activities into a larger Department that recognizes the
inextricable links among the sea, land, air, and living things.
With its coastal zone, ocean, and atmospheric programs, NOAA
possesses many capabilities for understanding and addressing
these aspects of the natural environment. One option suggested
by the Commission for a Phase III reorganization is
consolidation of all natural resource functions, including
those applicable to oceans and coastal, in one agency thus
equipped to conduct an ecosystem-based management regime.
However, as the Commission Report notes, at least 11 such
proposals have failed due to the complexity of such a large-
scale reorganization; none has been made since 1969.
Summary of Provisions
S. 2647, as reported, would create an organic act for NOAA
and establish the agency in statute. In addition, the bill
would set a national policy for U.S. oceanic and atmospheric
activities. The bill also would establish coordinating and
advisory bodies within the Executive Branch to improve the
implementation of federal government activities in these areas.
The bill would establish NOAA in statute as a successor to
the agency that was created in Reorganization Plan No. 4 of
1970. This new NOAA would perform the following three
functions:
Management, conservation, protection, and
restoration of ocean resources, including living marine
resources, habitats and ocean ecosystems;
Observation, monitoring, assessment,
forecasting, prediction, operations and exploration for
ocean and atmospheric environments including weather,
climate, navigation and marine resources; and
Research, education and outreach, technical
assistance, technology development, and innovation
activities relating to ocean and atmospheric
environments including basic and applied scientific
research and activities that support other agency
functions and missions.
In addition, S. 2647, as reported, would establish the
following positions: (1) NOAA Administrator; (2) the Deputy
Administrator; (3) the Chief Financial Officer; (4) three
Associate Administrators to be responsible for each of the
three main functions of the agency; (5) an unspecified number
of Assistant Administrators; and (6) the General Counsel. The
bill also would retain the role of the NOAA Corps as currently
defined in Reorganization Plan No. 4. The bill would give the
Administrator the authority to cooperate with the Secretary of
State on international issues, and work in coordination with
state programs to ensure cooperation in programmatic and
enforcement issues.
Building on the recommendations of the Commission and
testimony presented at the hearing, the bill as reported also
strengthens the agency. First, it provides NOAA with more
budgetary and administrative autonomy over its programs and
activities, much as Congress has provided to the Federal
Aviation Administration (FAA) and other entities. Second, the
bill directs the NOAA Administrator to submit budgets directly
to the Office of Management and Budget (OMB), specifying that
OMB's natural resource program experts are to review the
submission. Third, as reported, the bill also provides the NOAA
Administrator the same Federal status and executive
compensation levels as the NASA Administrator, which is
intended to reflect the increasing importance of ocean and
atmospheric matters to the long-term economic, environmental,
and scientific security of the Nation. In addition, the NOAA
Administrator would be appointed by the President for 5-year
terms, increasing his or her independence and ensuring
continuity of service during political transitions. Such an
arrangement also exists with respect to other Federal
scientific and technical agencies, including the FAA and NSF.
The bill, as reported, would require the Administrator to
submit a plan and budget to Congress within 9 months of
enactment of the Act to reorganize the agency and its programs.
In developing the plan and budget, the Administrator should
fully consider the U.S. Commission on Ocean Policy's
recommendations, and how to provide improved service to the
nation. In addition, the Administrator would be required to
develop a 20-year integrated research plan for NOAA that would
set forth the agency's scientific goals and priorities. The
report would articulate goals, priorities, and programmatic
actions for the agency in 5-year phases, and be revised every
5-to-7 years. In addition, the legislation would require the
Administrator, in consultation with relevant federal and state
agencies, to submit to Congress not later that 12 months after
the date of enactment a biennial report on the status of the
nation's ocean and atmospheric environments; trends in the
quality, management, and utilization of such environments; and
the effects of these trends on the nation.
The legislation would establish a Science Advisory Board
within NOAA to advise the Administrator and Congress on long-
range and short-range strategies for research, education, and
the application of science to resource management and
environmental assessment and prediction. The panel would
consists of not more that 15 members appointed by the
Administrator, who would serve 3-year terms.
The bill, as reported, would increase interagency
coordination by establishing a Council on Ocean Stewardship
within Executive Office. The Council would be composed of
between 3 and 5 members that were appointed by the President
and Senate-confirmed. The bill would direct the Council to
perform a variety of functions, including providing a forum for
improving Federal interagency planning, budget and program
coordination, administration, outreach and cooperation; gather
information and analyze the conditions and trends in the
quality of the ocean and atmosphere; review the effectiveness
of federal programs and activities; identify statutory and
regulatory redundancies and omissions and develop strategies to
resolve conflicts; develop and issue recommendations and
guidance for establishing recommendations for establishing
mechanisms to assure the coordination of Federal programs with
state and regional programs; expand research, education, and
outreach efforts by Federal agencies; and 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 OMB.
The President, through the Council, would be required to
submit to Congress a biennial report on Federal ocean and
atmospheric programs, priorities, and accomplishments. The
report would be due not later than 18 months after the date of
enactment of this Act. The bill would authorize the Council
from Fiscal Year (FY) 2005 through FY 2010.
In addition, the legislation would authorize the President
to establish a Presidential Panel of Advisers on Oceans,
Atmosphere, and Climate Change. The panel would consist of not
more than 25 members, including the Chair of the Council on
Ocean Stewardship, and members would serve 3-year terms. The
Panel would 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; review 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.
Furthermore, S. 2647, as reported, would further increase
Federal coordination by directing the Chair of the National
Science and Technology Council (NSTC), in consultation with the
Chair of the Council on Ocean Stewardship, to establish a
National Ocean Science Committee. The Committee would be
composed of 18 members, including the leadership of the
nation's oceanic, atmospheric, and scientific research
agencies. The Committee would serve as the primary source of
advice and support on ocean science for the NSTC and Council on
Ocean Stewardship; serve as the committee on ocean science for
the NSTC; improve cooperation among federal departments and
agencies with respect to ocean science budgets, programs,
operations, facilities, and personnel; provide a forum for
development of the strategy and oversee its implementation;
suggest policies and procedures for interagency science
programs; oversee the implementation of an integrated and
sustained ocean and coastal observing system; establish
interagency subcommittees and working groups to develop
comprehensive and balanced federal programs and approaches to
ocean science needs; coordinate U.S. government activities with
other nations and international efforts; and carry out other
activities. The Chair of the NSTC is required to develop a
National Strategy for Ocean Science, Education and Technology
through the National Ocean Science Committee, and submit it to
Congress within one year after the date of enactment, and once
every three years thereafter.
Finally, the bill, as reported, would require the
President, in consultation with the Administrator and the
Council on Ocean Stewardship to submit to Congress
recommendations on, and a plan and proposed schedule for the
transfer of relevant programs, functions, services, and
associated resources to NOAA; consolidation or elimination of
oceanic or atmospheric programs, functions, services, or
resources; and reorganization that would provide increased
national attention and resources to oceanic and atmospheric
needs and priorities and promote an integrated ecosystem and
watershed-based approach. The report would have to be submitted
not later than 2 years after issuance of the final report of
the Commission on Ocean Policy.
Legislative History
The National Ocean Policy and Leadership Act was introduced
on July 13, 2004 by Senators Hollings, Stevens, Inouye, and
Gregg. On September 22, 2004, the Committee on Commerce,
Science, and Transportation approved the bill as amended by a
substitute sponsored by Senators Hollings, McCain, Stevens,
Inouye, Snowe, Breaux, Lautenberg, and Boxer. The Committee
also approved an amendment offered by Senator Breaux renaming
the bill the ``Fritz Hollings National Ocean Policy and
Leadership Act''.
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:
S. 2647--Fritz Hollings National Ocean Policy and Leadership Act
Summary: S. 2647 would establish a National Oceanic Science
Committee to consist of representatives from a number of
Federal agencies, including the National Oceanic and
Atmospheric Administration (NOAA), the Department of the Navy,
the National Science Foundation (NSF), and the National
Aeronautics and Space Administration (NASA). The new committee
would be charged with developing a comprehensive strategy on
ocean science, education, and technology. In addition, the bill
would designate NOAA as the lead Federal agency on ocean and
atmospheric issues and would provide statutory authority for
the agency, which was created administratively in 1970.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing S. 2647 would cost $285 million in
fiscal year 2005 and about $4 billion over the 2005-2009
period. We estimate that about $1 billion a year would be spent
after 2009 for ongoing efforts to implement the national
strategy on oceans. Enacting S. 2647 would have no impact on
revenues or direct spending.
S. 2647 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2647 is shown in the following table.
The costs of this legislation fall within budget functions 050
(national defense), 250 (general science, space, and
technology), and 300 (natural resources and environment).
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
---------------------------------------
2005 2006 2007 2008 2009
------------------------------------------------------------------------
Ocean Research:
Estimated Authorization 200 300 400 500 650
Level......................
Estimated Outlays........... 130 240 340 450 580
Ocean Exploration:
Estimated Authorization 30 60 90 100 110
Level......................
Estimated Outlays........... 20 40 70 90 100
Education, Technology, and Data
Management:
Estimated Authorization 40 200 200 200 200
Level......................
Estimated Outlays........... 20 140 180 190 200
Vessel Acquisition and Other
Infrastructure Costs:
Estimated Authorization 280 280 280 280 280
Level......................
Estimated Outlays........... 110 220 270 280 280
Total-National Strategy for
Ocean Science, Education, and
Technology:
Estimated Authorization 550 840 970 1,080 1,240
Level......................
Estimated Outlays........... 280 640 860 1,010 1,160
Council on Ocean Stewardship:
Estimated Authorization 4 4 4 4 5
Level......................
Estimated Outlays........... 2 3 4 4 4
NOAA Commissioned Corps:
Estimated Authorization 4 5 7 7 7
Level......................
Estimated Outlays........... 3 5 6 7 8
Total Spending Under S. 2647:
Estimated Authorization 558 849 981 1,091 1,252
Level......................
Estimated Outlays........... 285 648 870 1,021 1,172
------------------------------------------------------------------------
Basis of Estimate: For this estimate, CBO assumes that S.
2647 will be enacted by the end of calendar year 2004, and that
amounts specified by the bill and estimated to be necessary
will be appropriated for each fiscal year. Outlays are
estimated on the basis of historical patterns for similar
programs carried out by NOAA and other Federal agencies
involved in ocean science.
The estimate is based on information provided by NOAA, the
Commission on Ocean Policy, and other Federal agencies.
Nation Strategy for Ocean Science, Education, and Technology
S. 2647 would direct a multiagency committee to develop a
national strategy on ocean science, education, and technology.
It would require the new strategy to incorporate the
recommendations of the Commission on Ocean Policy as presented
in its recent report ``An Ocean Blueprint for the 21st
Century.'' \1\ The strategy would include plans for increasing
Federal spending for ocean exploration, technology development,
and education and outreach, as well as for a doubling of
Federal spending for ocean research over 5 years. CBO estimates
that implementing the bill in accordance with the commission's
recommendations would require the appropriation of $550 million
in 2005 and nearly $4.7 billion over the 2005-2009 period. Most
of those amounts--$200 million in 2005, rising to $650 million
annually--would be used to double the ocean research budgets of
agencies such as NOAA, the NSF, and NASA. That sum also
includes also includes $30 million in 2005 and $390 million
over the 2005-2009 period that would be needed for new ocean
exploration efforts to be carried out primarily by NOAA.
Another $40 million in 2005 and $840 million over the 2005-2009
period would be needed for education and outreach, technology
development, and data management. Finally, we estimated that
about $1.4 billion would be needed to acquire vessels an other
equipment to support those activities. Assuming that such
acquisitions would be made over a 5-year period, CBO estimates
that NOAA and other agencies would need a total of $280 million
annually through 2009 for that purpose.
---------------------------------------------------------------------------
\1\ U.S. Commission on Ocean Policy, An Ocean Blueprint for the
21st Century (July 22, 2004), pp. G2-G12.
---------------------------------------------------------------------------
Council on Ocean Stewardship
Section 301 would establish the Council on Ocean
Stewardship to help coordinate interagency planning, budgeting,
public outreach and education, and other activities to protect
oceans. For this purpose, the bill would authorize the
appropriation of between $4 million and $5 million for each of
fiscal years 2005 through 2010.
NOAA Commissioned Corps
Section 203 would raise the number of members in the NOAA
Commissioned Officers Corps from the current maximum of 299 to
a minimum of 250. CBO estimates that funding the additional
positions would require additional appropriations of $4 million
in 2005 and $30 million over the 2005-2009 period.
Intergovernmental and private-sector impact: S. 2647
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Deborah Reis; Impact
on State, Local, and Tribal Governments: Gregory Waring; and
Impact on the Private Sector: Karen Raupp.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
Most of the authorities that this Act would grant are
currently held and exercised by the NOAA Administrator and
would continue in force upon its enactment; therefore, the
Committee does not expect that the authorities contained in
this Act would subject those individuals or businesses that
engage in activities related to conservation, management, or
use of the oceans or atmosphere to new regulations.
Title II of this bill would grant certain authorities to
the NOAA Administrator, including authorities vested in NOAA or
the Secretary with respect to NOAA in effect immediately prior
to enactment. In addition, the NOAA Administrator would have
authority to: promulgate all necessary regulations to implement
Title II; enforce the applicable provisions of any Act; enter
into partnerships with academia, industry, conservation groups,
educators, and other interested parties to improve the
effectiveness of NOAA programs and activities; disseminate
information and educate the public about oceans and atmosphere;
enter into contracts and grants; receive bequests or donations;
utilize or acquire the services of Federal, State, or local
agencies; and construct facilities. It is possible that those
individuals and businesses engaged in oceans-related activities
may become subject to some new regulations promulgated by the
NOAA Administrator to carry out Title II in cases where
existing authorities are, have not been previously granted or
exercised.
ECONOMIC IMPACT
Section 307 would authorize new annual appropriations for
the Council on Ocean Stewardship for Fiscal Years (FY) 2005
through FY2010, as follows: $4,000,000 in FY 2005; $4,120,000
in FY 2006; $4,244,000 in FY 2007; $4,371,000 in FY 2008;
$4,502,000 in FY 2009; and $4,637,000 in FY 2010. This Act does
not specifically authorize new appropriations for NOAA or its
programs per se, but it does uphold the authorizations of
appropriations established in those public laws related to
oceans and atmosphere that NOAA implements through its programs
and activities.
PRIVACY
The Committee does not expect that this legislation would
have any adverse impact on the personal privacy of individuals
or businesses.
PAPERWORK
This legislation would require the following reports:
Within 9 months of enactment, the
Administrator would be required to submit a plan and
budget to Congress setting forth a proposal for program
and agency reorganization that fully considers the
recommendations of the U.S. Commission on Ocean Policy
that will provide improved services to the nation. This
plan would be published in the Federal register for
public notice and comment at least 60 days prior to
final submission to Congress.
The Administrator would be directed to
develop a 20-year integrated research plan for the
agency setting forth its scientific goals and
priorities, as well as programmatic actions to carry
out those goals and priorities. The plan would be
revised every 5-to-7 years.
Beginning not later than 12 months after the
date of enactment of this Act, the Administrator would
be required to consult with relevant federal and state
agencies, and submit to Congress a biennial report on
the status and condition of the nation's ocean and
atmospheric environments (including climate change);
current foreseeable trends in the quality, management
and utilization of such environments; and the effects
of those trends of the social, economic, ecological and
other requirements of the nation.
Not later than 18 months after the date of
enactment of the Act, the Administrator would be
required to submit to Congress detailed recommendations
on technical and conforming amendments to federal law
necessary to carry out this Act.
The Council on Ocean Stewardship that is
created by this Act would be required to compile and
submit to the President studies relating to the
conditions and trends in the quality of the ocean and
atmospheric environment. The Council also would be
directed to review and appraise the various programs
and activities of the federal government and make
recommendations to the President with respect to the
effectiveness of these programs in achieving the policy
set forth in this Act. The Council would also develop
and issue recommendation and guidance for establishing
mechanisms to assure the coordination of federal ocean,
coastal and atmospheric programs and activities at the
regional level. In addition, the Council would be
directed to 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 OMB
Not later than 18 months after the enactment
of this Act, the President would be directed to submit
to Congress, through the Council on Ocean Stewardship,
a biennial report on Federal ocean and atmospheric
programs, priorities, and accomplishments.
Within one year after the date of enactment
of this Act and at least once every three years
thereafter, the Chair of the National Science and
Technology Council (NSTC), through the National Ocean
Science Committee established by the Act, would be
directed to develop a National Strategy for Ocean
Science, Education, and Technology. Not later than 90
days before the Chair of the NSTC submits this
strategy, and 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.
Not later than 2 years after the issuance of
the final report of the Commission on Ocean Policy, the
President, in consultation with the Administrator and
the Council on Ocean Stewardship would be required to
submit to Congress recommendations on, and a plan and
proposed schedule for the transfer of relevant oceanic
or atmospheric programs, functions, services, and
associated resources to NOAA from any other federal
agency; 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 the policy goals of
the Act; and reorganization, including the
establishment of NOAA as an independent agency,
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 and promote an
integrated ecosystem and watershed-based approach.
The reported bill may result in some new regulations that
the NOAA Administrator would promulgate in accordance with
implementation of Title II. Any new regulations may result in
new paperwork responsibilities for those individuals or
businesses subject to the regulations.
Section-by-Section Analysis
Section 1. Short Title
Section 1 would establish the short title of the bill as
the ``National Ocean Policy and Leadership Act''.
Section 2. Table of Contents
Section 2 would provide the table of contents for the Act.
Section 3. Definitions
Section 3 would define key terms applicable to the bill.
TITLE I--NATIONAL OCEAN POLICY
Section 101. Findings
Section 101 would set forth the findings for the act.
Section 102. Purposes
Section 102 would set forth the purposes for the act, which
would be to: (1) set forth a national policy relating to oceans
and atmosphere; (2) establish NOAA, by statute, as the lead
Federal ocean and atmospheric agency and identify its
authorities, duties, and powers; (3) set forth the duties,
responsibilities, and principal officers of the Administration;
(4) establish a mechanism for Federal leadership, coordination,
and action on national oceanic and atmospheric priorities; and
(5) enhance Federal partnerships with State and local
governments, as well as other stakeholders, with respect to
ocean and atmospheric programs and activities.
Section 103. Policy and Implementation
Section 103 would state that 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 marine and atmospheric research, conservation, management,
education, monitoring, and assessment that promotes a number of
articulated goals. The President, under guidance from the
Council on Ocean Stewardship, acting through NOAA and other
Federal agencies with ocean and atmospheric responsibilities,
would be directed to implement programs and activities to carry
out the policy.
TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Section 201. Establishment
Section 201 would establish NOAA as an administration
within the Department of Commerce, and states that it would be
the lead civilian agency for oceanic, weather, atmospheric, and
climate services and supporting research, conservation,
management, and education for the Nation.
Section 202. Functions and Purposes
Section 202(a) would establish NOAA's major mission areas
by setting forth the following functions and purposes of NOAA:
(1) management, conservation, protection, and restoration of
ocean resources; (2) observation, monitoring, assessment,
forecasting, prediction, operations, and exploration for ocean
and atmospheric environments; and (3) research, education and
outreach, technical assistance, and technology development and
innovation activities relating to ocean and atmospheric
environments. These functions would be carried out in a
coordinated, integrated, and ecosystem-based manner. Section
202(b) would ensure that NOAA programs and activities work with
State and other Federal programs to encourage cooperation,
coordination, and integration of State and Federal coastal,
oceanic, and atmospheric programs.
Section 202(c) would provide that NOAA would cooperate to
the fullest extent practicable 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, including treaties, agreements, and
understandings with foreign nations and international
organizations.
Section 202(d) would authorize the Administrator to
promote, support, and enter into partnerships with academia,
industry, conservation groups, educators, and other interested
persons to improve the effectiveness of NOAA programs and
activities, and enhance public awareness and understanding of
NOAA's role and missions.
Section 203. National Oceanic and Atmospheric Administration
Section 203(a) would provide that NOAA would be
administered by the Administrator of NOAA. The Administrator
would be appointed by the President, by and with the advice of
the Senate. The Administrator would be compensated at level II
of the Executive Schedule under section 5313 of title 5, United
States Code. The Administrator, under the supervision and
direction of the Secretary, would be responsible for the
exercise of all powers and the discharge of all duties of NOAA,
including all personnel and activities thereof. The term of any
individual to serve as Administrator would be five years.
Section 203(b) would establish a Deputy Administrator of
NOAA. The Deputy Administrator would be appointed by the
President to perform such functions and exercises as the
Administrator may prescribe, by and with the advice of the
Senate based on the individual's professional qualifications
and without regard to political affiliation. The Deputy
Administrator would be compensated at the rate of level III of
the Executive Schedule under section 5314 of title 5, United
States Code, and would be the Administrator's first assistant
for purposes of subchapter III of chapter 33 of title 5, U.S.C.
Section 203(c) would provide that NOAA shall have a Chief
Operating Officer, who would assume the responsibilities held
by the Deputy Under Secretary of Commerce for Oceans and
Atmosphere prior to enactment of this Act. This individual
would be responsible for all aspects of NOAA operations and
management and be a Senior Executive Service position.
Section 203(d) would provide that NOAA would have three
Associate Administrators, who shall be responsible for each of
the functions established by section 202(a). The Associate
Administrators would be compensated at the rate of level IV of
the Executive Schedule under section 5315 of title 5, United
States Code.
Section 203(e) would provide that NOAA would have Assistant
Administrators, who shall perform such duties and exercise such
powers as the Administrator may prescribe.
Section 203(f) would establish a NOAA General Counsel
position that would be appointed by the President upon
recommendation by the Administrator.
Section 203(g) would authorize NOAA to maintain at least
350 Commissioned Officers of NOAA on the lineal list, plus
additional officers as necessary to support NOAA's mission. In
addition, the President be able to appoint, by and with the
advice of the Senate, two Commissioned Officers of NOAA to
serve at any one time as the designated heads of two principal
offices at NOAA, or the President may designate one officer as
the head of one organizational entity and one as the head of
the Commissioned Corps.
Section 203(h) would authorize the Secretary of the Navy,
though the Oceanographer of the Navy, to detail a Navy Deputy
to NOAA on an additional duty basis.
Section 204. Powers and Authorities
Section 204 would describe the various powers and
authorities of the NOAA Administrator. In addition to any other
authority provided to the Under Secretary of Oceans and
Atmosphere by law or by delegation from the Secretary, the
Administrator would have the certain authorities with respect
to NOAA and the implementation of this Act. These would include
all authorities vested in NOAA or the Secretary with respect to
NOAA in effect immediately prior to enactment, specifically
including Reorganization Plan Number 4 (establishing NOAA in
1970) and Reorganization Plan Number 2 (transferring the
National Weather Service to Commerce) and the 1890 organic act
for the National Weather Service. Other authorities would
include rulemaking authority; information dissemination and
education authority; contracting and granting authority;
receipt of bequests or donations authority; use of services of
Federal, State, or local agencies authority; acquisition
authority; and construction authority.
Section 205. Enforcement
Section 205 would detail the authority of the Administrator
to enforce the applicable provisions of any Act, including
utilizing State personnel to carry out enforcement activities
and entering into cooperative agreements with State authorities
to ensure cooperative enforcement of State and Federal laws.
Section 206. Relationship to Secretary of Commerce
Section 206 would provide that NOAA would be subject to the
policy direction of the Secretary of Commerce, but would
otherwise retain responsibility for decisions regarding the
management and administration of its operations and exercise
independent control of its budget decisions. This
responsibility would include the submission of annual budget
requests by NOAA to the Director of OMB, who would examine NOAA
budgets with those of other natural resource programs.
Section 207. NOAA Plan and Budget
Section 207(a) would direct the Administrator to submit to
Congress a plan and budget setting forth a proposal for program
and agency reorganization no later than 9 months after the date
of enactment. This plan would: (1) implement title I and title
II of this Act; (2) improve integration of NOAA programs and
operations in accordance with the functions and purposes
identified in section 202 (without undermining the missions or
purposes of the National Weather Service under its own organic
act); (3) provide for a coherent, transparent, and accountable
management and budgetary structure for all agency functions and
purposes; (4) provide for ecosystem-based science and
management; (5) organize research, operations, and services in
a manner that supports regional and national needs; (6) support
the development of regulatory management and incentive-based
approaches designed to integrate multiple statutory mandates;
(7) ensure crosscutting activities among missions in
cooperation with other Federal and State agencies, and transfer
products and services among the 3 agency functions set forth in
Sec.202; and (8) maximize opportunities to work in partnership
with States and other stakeholders to promote ecosystem-based
science and management, develop effective education and
outreach efforts, and enhance capacity to manage issues on an
eco-regional basis.
Section 207(b) would provide that the plan would be
developed in consultation with interested parties, including
the States, academia, industry, conservation organizations, and
labor organizations certified as representatives of
Administrative employees. The draft plan shall be published in
the Federal Register for public notice at least 60 days before
final submission to Congress.
Section 208. Research Plan
Section 208 would provide that the NOAA Administrator shall
develop an integrated research plan for the agency that would
set forth scientific goals and priorities (and implementing
programs) in 5-year phases; identify linkages between
Administration research activities and missions; identify how
Administration laboratories, institutes, and the extramural
scientific community would participate and assist in achieving
the research goals; consider reports published by the National
Research Council; be developed in consultation with
programmatic officers and the extramural scientific community;
and be revised every 5-7 years. The research plan shall provide
for ocean exploration; development of monitoring methods and
instruments for oceans and atmospheric environments; basic and
applied ocean and atmospheric research (including climate
change); and education, training, and outreach.
Section 209. Science Advisory Board
Section 209(a) would provide for the establishment within
the Administration a Science Advisory Board, which would
provide scientific advice as may be requested by the
Administrator or the Congress.
Section 209(b) would state that the purpose of the Science
Advisory Board is to advise the Administrator and Congress (as
requested) on long-range and short-range strategies for
research, education, resource management, and environmental
assessment and prediction.
Section 209(c) would describe the make-up of the Science
Advisory Board, which shall consist of not more than 15 members
appointed by the Administrator to ensure balanced
representation among scientists, engineers, resource managers,
educators, and science and ocean policy experts. Each member of
the Board would be appointed for 3-year terms, which are
renewable once. One member of the Board will be designated
chairperson by the Administrator.
Section 209(d) would provide administrative provisions for
the Science Advisory Board. The Board would report to the
Administrator and the appropriate requesting party. The Board
would meet at least twice a year, and at any other time at the
call of the Administrator or the Chairperson. Members of the
Board would not be compensated but may be allowed travel
expenses and per diem. If the Board finds it necessary, it may
establish subcommittees, task forces, and working groups.
Section 209(e) would state that section 14 of the Federal
Advisory Committee Act in title 5, United States Code, shall
not apply to the Science Advisory Board.
Section 210. Conforming Amendments, Repeals and Transition
This section would repeal Reorganization Plan No. 4 of 1970
(5 U.S.C. App.), which has been incorporated by reference in
the Act. It would also clarify that all references in law,
rule, regulation, or other official document to NOAA, the
Administrator, the Undersecretary, or other NOAA position
refers to NOAA as established in this Act. It also would repeal
existing statutory language setting forth the duties of the
Under Secretary and Assistant Secretary.
Section 211. Report on Ocean and Atmospheric Conditions and Trends
Section 211 would require the NOAA Administrator, in
consultation with relevant Federal and State agencies, to
submit a biennial report to Congress describing the status and
trends affecting the Nation's ocean, coastal, and atmospheric
environments.
Section 212. Implementation
Section 212 would provide that, not later than 18 months
after the date of enactment of this title, the Administrator
shall promulgate all necessary regulations to implement this
title and submit to Congress detailed recommendations on needed
technical and conforming amendments to Federal law.
Section 213. Savings Provision
This section would ensure that all rules, regulations,
standards, etc. resulting in the assignment of functions to the
Secretary of Commerce, NOAA Administrator, or any other officer
of NOAA shall continue in full force after enactment of the
Act, unless the Act is modified or rescinded.
TITLE III--FEDERAL COORDINATION AND ADVICE
SUBTITLE A--COUNCIL ON OCEAN STEWARDSHIP
Section 301. Establishment
Section 301 would establish a Council on Ocean Stewardship
in the Executive Office of the President.
Section 302. Membership
Section 302 would provide that the Council would be
composed of 3 but no more than 5 members appointed by the
President, by and with the advice of the Senate, and would set
forth member qualifications.
Section 303. Functions of the Council
Section 303(a) would establish the Council's functions,
including: (1) providing a forum for improving the coordination
of Federal ocean and atmospheric activities, particularly on
crosscutting areas that require coordinated Federal action
(nonpoint source pollution, observing systems, education, and
ecosystem-based management); (2) gathering information on
conditions and trends in ocean and atmospheric quality and
health; (3) analyzing Federal ocean and atmospheric programs to
determine their effectiveness to achieving the policy set forth
in section 103; (4) identifying statutory and regulatory
redundancies or omissions; (5) developing and issue
recommendations and guidance for establishing mechanisms to
assure the coordination of Federal ocean, coastal, and
atmospheric programs and activities at the regional level that
compliment State initiatives; (6) expanding research,
education, and outreach efforts by all Federal agencies
involved in ocean and atmospheric activities; and (7)
conducting an annual review of Federal budgets and provide
budget recommendations to the President that will achieve the
policies of section 103 and improve coordination, cooperation,
and effectiveness.
Section 303(b) would provide that the Council would be
required to consult with the Administrator and outside groups,
including State and local governments, industry, and
conservation organizations. It would also utilize the
expertise, capabilities, and information of public and private
agencies, organizations, and individuals.
Section 303(c) would require the Council to prepare a
biennial report, as outlined in section 305 of the Act, and
provide other studies, reports, and recommendations as the
President may request.
Section 304. Council Employees
Section 304 would establish that the Council may employ any
officers and employees as necessary to carry out its functions
and can accept and employ voluntary and uncompensated services.
Federal agencies, in turn, would be required to provide
assistance to the Council as needed, including detailing
employees to the Council.
Section 305. Biennial Report to Congress
Section 305 would provide that the Council submit a
biennial report to Congress, beginning not later than 18 months
after enactment of the Act. The report would describe Federal
ocean and atmospheric programs, priorities, and
accomplishments, including an evaluation of the accomplishments
in terms of the national ocean policy set forth in this Act. It
would be transmitted to Congress by the President no later than
December 31 of the year required and Federal agencies and
Departments would be required to cooperate with the Council on
this task.
Section 306. Presidential Panel of Advisers on Oceans, Atmosphere, and
Climate Change
Section 306(a) would provide that President may establish a
Presidential Panel of Advisers on Oceans, Atmosphere, and
Climate Change which would advise the President and the Chair
of the Ocean Stewardship Council in identifying and fostering
regional and national policies relating to the protection,
management, and restoration of ocean and atmospheric
environments, and in addition, continually review priority
issues relating to national ocean and atmospheric policy.
Section 306(b) would state that the panel shall not consist
of more than 25 members appointed by the President, with 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. Each member would serve 3-year
terms and the Chair of the Council on Ocean Stewardship would
co- chair the Presidential Panel.
Section 307. Authorization of Appropriations
This section would authorize annual appropriations for the
Council on Ocean Stewardship for Fiscal Years (FY) 2005 through
FY 2010, as follows: $4,000,000 in FY 2005; $4,120,000 in FY
2006; $4,244,000 in FY 2007; $4,371,000 in FY 2008; $4,502,000
in FY 2009; and $4,637,000 in FY 2010.
SUBTITLE B--INTERAGENCY SCIENCE COORDINATION
Section 321. National Ocean Science Committee
Section 321(a) would authorize a National Ocean Science
Committee, established by the Chair of the National Science and
Technology Council, in consultation with the Chairperson of the
Council on Ocean Stewardship.
Section 321(b) would state that the Committee would be
composed of representatives from the following agencies and
departments: the NOAA Administrator; the Secretary of the Navy;
the Director of the National Science Foundation; the
Administrator of the National Aeronautics and Space
Administration; the Under Secretary of Energy for Energy,
Science, and Environment; the EPA Administrator; the Under
Secretary of Homeland Security for Science and Technology; the
Commandant of the United States Coast Guard; the Director of
the United States Geological Survey; the Director of the
Minerals Management Service; the Commanding General of the Army
Corps of Engineers; the Director of the National Institutes of
Health; the Under Secretary of Agriculture for Research,
Education, and Economics; the Assistant Secretary of State for
Oceans and International Environmental and Scientific Affairs;
the Director of the Defense Advanced Research Projects Agency;
the Director of the Office of Science and Technology Policy;
the Director of OMB; and the leadership of any other
appropriate Federal agencies.
Section 321(c) would provide for a chair and vice chair of
the Committee to be appointed every 2 years by a select
subcommittee of the Committee.
Section 321(d) would set forth the responsibilities of the
Committee, which include: (1) serving as the primary source of
advice and support for the Council on Ocean Stewardship; (2)
serving as the committee on ocean science for the Council on
Science and Technology Policy; (3) improving cooperation among
Federal agencies and departments with respect to ocean issues;
(4) developing a strategy and oversee its implementation; (5)
suggesting policies and procedures and provide support for
interagency ocean science programs; (6) overseeing
implementation of an integrated and sustained ocean and coastal
observing system; (7) establishing interagency subcommittees
and working groups to develop comprehensive and balanced
Federal programs and approaches to ocean science needs; (8)
coordinating international ocean science efforts; and (9)
carrying out any other activities the Council may require.
Section 322. National Strategy for Ocean Science, Education, and
Technology
Section 322(a) would state that the National Science and
Technology Council, through the Committee, shall develop a
National Strategy for Ocean Science, Education, and Technology,
which would be submitted to Congress within one year after the
date of enactment of this title, with a revised strategy to be
submitted at least once every three years thereafter.
Section 322(b) would provide for specific actions to be
included in the strategy, which would include: (1) a doubling
of the Federal investment in ocean science research over 5
years; (2) the identification of relevant programs and
activities of the Committee members that contribute to the
goals and priorities of the strategy; (3) the establishment of
mechanisms for accelerating the transition of technologies
across different sectors; (4) the appropriate consideration and
use of reports and studies; (5) making recommendations for the
coordination of Federal ocean science activities with the
States, regional entities, foreign nations, and international
organizations.
Section 322(c) would provide for elements to be included in
the strategy, including: (1) global measurements on all
relevant spatial and time scales; (2) partnerships among
Federal agencies, States, academia, industries, and other
members of the oceans science community; (3) oceanographic
facility support; (4) focused research initiatives and
competitive research grants; (5) technology and sensor
development; (6) workforce and professional development; (7)
ocean science education coordination and establishment of
mechanisms to improve ocean literacy and public awareness of
the oceans; and (8) informational management systems to produce
readily available information for policymakers.
Section 322(d) would provide that the Committee shall
consult with the Advisory Panel, academic, State, industry, and
conservation groups when developing the strategy.
SUBTITLE C--FEDERAL PROGRAMS
Section 341. Federal Program Recommendations
This section would provide that not later than 24 months
after the issuance of the final report of the Commission on
Ocean Policy, the President shall submit to Congress
recommendations for the following: (1) the transfer of relevant
Federal ocean and atmospheric programs, services, and
associated resources to NOAA; (2) consolidation or elimination
of Federal agency programs that would not undermine the policy
goals of the Act; and (3) make recommendations regarding
Federal reorganization, including establishment of NOAA as an
independent agency, elevation of NOAA to a Federal department,
or establishment of a new department that would provide
increased National attention and resources to oceanic and
atmospheric priorities, including ecosystem and watershed-based
approaches.
Section 342. No Effect on Other Authorities
This section would establish that nothing in this Act shall
be construed to modify the authority of the Administrator or
the National Weather Service under any other provision of law.
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):
PUBLIC LAW 99-659
SEC. 407. NOAA OFFICERS.
[15 U.S.C. 1503B]
[(a) Under Secretary.--There shall be in the Department of
Commerce an Under Secretary of Commerce for Oceans and
Atmosphere who shall serve as the Administrator of the National
Oceanic and Atmospheric Administration established by
Reorganization Plan No. 4 of 1970 (5 U.S.C. App. 1) and perform
such duties as the Secretary of Commerce shall prescribe. The
Under Secretary shall be appointed by the President by and with
the advice and consent of the Senate and shall be compensated
at the rate now or hereafter provided for Level III of the
Executive Schedule Pay Rates (5 U.S.C. 5314).]
[15 U.S.C. 1507C]
[(b) Assistant Secretary.--There shall be in the Department
of Commerce, in addition to the Assistant Secretaries of
Commerce provided by law before the date of enactment of this
Act [enacted Nov. 14, 1986], one additional Assistant Secretary
of Commerce who shall have the title Assistant Secretary of
Commerce for Oceans and Atmosphere and shall serve as the
Deputy Administrator of the National Oceanic and Atmospheric
Administration established by Reorganization Plan No. 4 of 1970
1. (5 U.S.C. App. 1) and perform such duties and functions as
the Under Secretary of Commerce for Oceans and Atmosphere shall
prescribe. The Assistant Secretary for Oceans and Atmosphere
shall be appointed by the President by and with the advice and
consent of the Senate and shall be compensated at the rate now
or hereafter provided for Level IV of the Executive Schedule
Pay Rates (5 U.S.C. 5315).]
* * * * * * *
[REORGANIZATION PLAN NO. 4 OF 1970
[NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
[Sec. 1. TRANSFERS TO SECRETARY OF COMMERCE
[The following are hereby transferred to the Secretary of
Commerce:
[(a) All functions vested by law in the Bureau of
Commercial Fisheries of the Department of the Interior
or in its head, together with all functions vested by
law in the Secretary of the Interior or the Department
of the Interior which are administered through that
Bureau or are primarily related to the Bureau,
exclusive of functions with respect to (1) Great Lakes
fishery research and activities related to the Great
Lakes Fisheries Commission, (2) Missouri River
Reservoir research, (3) the Gulf Breeze Biological
Laboratory of the said Bureau at Gulf Breeze, Florida,
and (4) Trans-Alaska pipeline investigations.
[(b) The functions vested in the Secretary of the
Interior by the Act of September 22, 1959 (Public Law
86-359, 73 Stat. 642, 16 U.S.C. 760e-760g; relating to
migratory marine species of game fish).
[(c) The functions vested by law in the Secretary of
the Interior, or in the Department of the Interior or
in any officer or instrumentality of that Department,
which are administered through the Marine Minerals
Technology Center of the Bureau of Mines.
[(d) All functions vested in the National Science
Foundation by the National Sea Grant College and
Program Act of 1966 (80 Stat. 998), as amended (33
U.S.C. 1121 et seq.).
[(e) Those functions vested in the Secretary of
Defense or in any officer, employee, or organizational
entity of the Department of Defense by the provision of
Public Law 91-144, 83 Stat. 326 [unclassified], under
the heading ``Operation and maintenance, general'' with
respect to ``surveys and charting of northern and
northwestern lakes and connecting waters,'' or by other
law, which come under the mission assigned as of July
1, 1969, to the United States Army Engineer District,
Lake Survey, Corps of Engineers, Department of the Army
and relate to (1) the conduct of hydrographic surveys
of the Great Lakes and their outflow rivers, Lake
Champlain, New York State Barge Canals, and the
Minnesota-Ontario border lakes, and the compilation and
publication of navigation charts, including
recreational aspects, and the Great Lakes Pilot for the
benefit and use of the public, (2) the conception,
planning, and conduct of basic research and development
in the fields of water motion, water characteristics,
water quantity, and ice and snow, and (3) the
publication of data and the results of research
projects in forms useful to the Corps of Engineers and
the public, and the operation of a Regional Data Center
for the collection, coordination, analysis, and the
furnishing to interested agencies of data relating to
water resources of the Great Lakes.
[(f) So much of the functions of the transferor
officers and agencies referred to in or affected by the
foregoing provisions of this section as is incidental
to or necessary for the performance by or under the
Secretary of Commerce of the functions transferred by
those provisions or relates primarily to those
functions. The transfers to the Secretary of Commerce
made by this section shall be deemed to include the
transfer of authority, provided by law, to prescribe
regulations relating primarily to the transferred
functions.
[Sec. 2. ESTABLISHMENT OF ADMINISTRATION
[(a) There is hereby established in the Department of
Commerce an agency which shall be known as the National Oceanic
and Atmospheric Administration, hereinafter referred to as the
``Administration.''
[(b) There shall be at the head of the Administration the
Administrator of the National Oceanic and Atmospheric
Administration, hereinafter referred to as the
``Administrator.'' The Administrator shall be appointed by the
President, by and with the advice and consent of the Senate,
and shall be compensated at the rate now or hereafter provided
for Level III of the Executive Schedule Pay Rates (5 U.S.C.
5314).
[(c) There shall be in the Administration a Deputy
Administrator of the National Oceanic and Atmospheric
Administration who shall be appointed by the President, by and
with the advice and consent of the Senate, and shall be
compensated at the rate now or hereafter provided for Level IV
of the Executive Schedule Pay Rates (5 U.S.C. 5315). The Deputy
Administrator shall perform such functions as the Administrator
shall from time to time assign or delegate, and shall act as
Administrator during the absence or disability of the
Administrator or in the event of a vacancy in the office of
Administrator.
[(d) There shall be in the Administration a Chief Scientist
of the National Oceanic and Atmospheric Administration who
shall be appointed by the President, by and with the advice and
consent of the Senate, and shall be compensated at the rate now
or hereafter provided for Level V of the Executive Schedule Pay
Rates (5 U.S.C. 5316). The Chief Scientist shall be the
principal scientific adviser to the Administrator, and shall
perform such other duties as the Administrator may direct. The
Chief Scientist shall be an individual who is, by reason of
scientific education and experience, knowledgeable in the
principles of oceanic, atmospheric, or other scientific
disciplines important to the work of the Administration.
[(e)(1) There shall be in the Administration a General
Counsel and five Assistant Administrators, one of whom shall be
the Assistant Administrator for Coastal Zone Management and one
of whom shall be the Assistant Administrator for Fisheries. The
General Counsel and each Assistant Administrator shall be
appointed by the Secretary, subject to approval of the
President, and shall be compensated at a rate now or hereafter
provided for level V of the Executive Schedule Pay Rates (5
U.S.C. 5316).
[(2) 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 the Administration.
[(3) The Assistant Administrator for Coastal Zone Management
shall be an individual who is, by reason of background and
experience, especially qualified to direct the implementation
and administration of the Coastal Zone Management Act of 1972
(16 U.S.C. 1451 et seq.).
[(4) The Assistant Administrator for Fisheries shall be
responsible for all matters related to living marine resources
which may arise in connection with the conduct of the functions
of the Administration.
[(f) The President may appoint in the Administration, by and
with the advice and consent of the Senate, two commissioned
officers to serve at any one time as the designated heads of
two principal constituent organizational entities of the
Administration, or the President may designate one such officer
as the head of such an organizational entity and the other as
head of the commissioned corps of the Administration. 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).
[(g) Any commissioned officer of the Administration who has
served under (d) or (f) 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.
[Sec. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS
[The provisions of sections 2 and 4 of Reorganization Plan
No. 5 of 1950 (64 Stat. 1263) shall be applicable to the
functions transferred hereunder to the Secretary of Commerce.
[Sec. 4. INCIDENTAL TRANSFERS
[(a) So much of the personnel, property, records, and
unexpended balances of appropriations, allocations, and other
funds employed, used, held, available, or to be made available
in connection with the functions transferred to the Secretary
of Commerce by this reorganization plan as the Director of the
Office of Management and Budget shall determine shall be
transferred to the Department of Commerce at such time or times
as the Director shall direct.
[(b) Such further measures and dispositions as the Director
of the Office of Management and Budget shall deem to be
necessary in order to effectuate the transfers referred to in
subsection (a) of this section shall be carried out in such
manner as he shall direct and by such agencies as he shall
designate.
[(c) The personnel, property, records, and unexpended
balances of appropriations, allocations, and other funds of the
Environmental Science Services Administration shall become
personnel, property, records, and unexpended balances of the
National Oceanic and Atmospheric Administration or of such
other organizational entity or entities of the Department of
Commerce as the Secretary of Commerce shall determine.
[(d) The Commissioned Officer Corps of the Environmental
Science Services Administration shall become the Commissioned
Officer Corps of the National Oceanic and Atmospheric
Administration, Members of the Corps, including those appointed
hereafter, shall be entitled to all rights, privileges, and
benefits heretofore available under any law to commissioned
officers of the Environmental Science Services Administration,
including those rights, privileges, and benefits heretofore
accorded by law to commissioned officers of the former Coast
and Geodetic Survey.
[(e) Any personnel, property, records, and unexpended
balances of appropriations, allocations, and other funds of the
Bureau of Commercial Fisheries not otherwise transferred shall
become personnel, property, records, and unexpended balances of
such organizational entity or entities of the Department of the
Interior as the Secretary of the Interior shall determine.
[Sec. 5. INTERIM OFFICERS
[(a) The President may authorize any person who immediately
prior to the effective date of this reorganization plan held a
position in the executive branch of the Government to act as
Administrator until the office of Administrator is for the
first time filled pursuant to provisions of this reorganization
plan or by recess appointment, as the case may be.
[(b) The President may similarly authorize any such person to
act as Deputy Administrator and authorize any such person to
act as Associate Administrator.
[(c) The President may similarly authorize a member of the
former Commissioned Officer Corps of the Environmental Science
Services Administration to act as the head of one principal
constituent organizational entity of the Administration.
[(d) The President may authorize any person who serves in an
acting capacity under the foregoing provisions of this section
to receive the compensation attached to the office in respect
of which he so serves. Such compensation, if authorized, shall
be in lieu of, but not in addition to, other compensation from
the United States to which such person may be entitled.
[Sec. 6. ABOLITIONS
[(a) Subject to the provisions of this reorganization plan,
the following, exclusive of any functions, are hereby
abolished:
[(1) The Environmental Science Services
Administration in the Department of Commerce
(established by Reorganization Plan No. 2 of 1965, 79
Stat. 1318), including the offices of Administrator of
the Environmental Science Administration and Deputy
Administrator of the Environmental Science Services
Administration.
[(2) The Bureau of Commercial Fisheries in the
Department of the Interior (16 U.S.C. 742b), including
the office of Director of the Bureau of Commercial
Fisheries.
[(b) Such provisions as may be necessary with respect to
terminating any outstanding affairs shall be made by the
Secretary of Commerce in the case of the Environmental Science
Services Administration and by the Secretary of the Interior in
the case of the Bureau of Commercial Fisheries.]