National Oceanographic Partnership Act

The National Oceanographic Partnership Program (NOPP) Act – a program created by Congress to facilitate ocean-related partnerships between federal agencies, academia and industry to advance ocean science research and education – was authorized under the National Defense Authorization Act for Fiscal Year 1997. The full text of that bill may also be found on the Congressional website.

On January 1, 2021 Congress voted to reauthorize and strengthen the National Oceanographic Partnership Program as an amendment included in Section 1055 of the National Defense Authorization Act for Fiscal Year 2021. A PDF of the law can be found at: https://www.congress.gov/116/plaws/publ283/PLAW-116publ283.pdf

SEC. 1055. REAUTHORIZATION OF NATIONAL OCEANOGRAPHIC PARTNERSHIP

PROGRAM.

(a) National Oceanographic Partnership Program.–Section 8931 of

title 10, United States Code, is amended to read as follows:

“SEC. 8931. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.

“(a) Establishment.–The Secretary of the Navy shall establish a

program to be known as the `National Oceanographic Partnership Program’.

“(b) Purposes.–The purposes of the program are as follows:

“(1) To promote the national goals of assuring national

security, advancing economic development, protecting quality of

life, ensuring environmental stewardship, and strengthening

science education and communication through improved knowledge

of the ocean.

“(2) <> To coordinate and strengthen

oceanographic efforts in support of those goals by–

“(A) creating and carrying out partnerships among

Federal agencies, academia, industry, and other members

of the oceanographic community in the areas of science,

data, technology development, resources, education, and

communication; and

“(B) accepting, planning, and executing

oceanographic research projects funded by grants,

contracts, cooperative agreements, or other vehicles as

appropriate, that contribute to assuring national

security, advancing economic development, protecting

quality of life, ensuring environmental stewardship, and

strengthening science education and communication

through improved knowledge of the ocean.”.

(b) Ocean Policy Committee.–

(1) In general.–Section 8932 of such title is amended–

(A) by striking subsections (a) through (f);

(B) by inserting the following new subsections (a)

through (e):

“(a) Committee.–There is established an Ocean Policy Committee

(hereinafter referred to as the `Committee’). The Committee shall retain

broad and inclusive membership.

“(b) Responsibilities.–The Committee shall–

“(1) continue the activities of that Committee as it was in

existence on the day before the date of the enactment of the

William M. (Mac) Thornberry National Defense Authorization Act

for Fiscal Year 2021;

“(2) engage and collaborate, pursuant to existing laws and

regulations, with stakeholders, including regional ocean

partnerships, to address ocean-related matters that may require

interagency or intergovernmental solutions;

“(3) facilitate coordination and integration of Federal

activities in ocean and coastal waters to inform ocean policy

and identify priority ocean research, technology, and data

needs; and

“(4) prescribe policies and procedures to implement the

National Oceanographic Partnership Program, including developing

guidelines for review, selection, identification, and approval

of partnership projects, in conjunction with Federal

agencies participating in the program, for implementation under

the program, based on–

“(A) whether the project addresses important

research objectives or operational goals;

“(B) whether the project has, or is designed to

have, appropriate participation or support from public,

academic, commercial, and private entities within the

oceanographic community;

“(C) whether the partners have a long-term

commitment to the objectives of the project;

“(D) whether the resources supporting the project

are shared among the partners;

“(E) whether the project has been subjected to

adequate scientific and technical merit review according

to each participating agency; and

“(F) the approval of such guidelines by a consensus

of the members of the Committee.

“(c) Delegation of Responsibilities.–In discharging its

responsibilities in support of agreed-upon scientific needs, and to

assist in the execution of the responsibilities described in subsection

(b), the Committee may delegate responsibilities to a subcommittee of

the Committee, as the Committee determines appropriate.

“(d) <> Annual

Report and Briefing.–(1) Not later than March 1 of each year, the

Committee shall–

“(A) make publicly available on an appropriate website a

report on the National Oceanographic Partnership Program; and

“(B) provide to the appropriate congressional committees a

briefing on the contents of the report.

“(2) Not later than 30 days after providing a briefing under

paragraph (1)(B), the Committee shall make publicly available on an

appropriate website the briefing materials covered by the briefing.

“(3) Each report and briefing shall include the following:

“(A) A description of activities of the National

Oceanographic Partnership Program carried out during the fiscal

year preceding the fiscal year during which the report is

published.

“(B) A general outline of the activities planned for the

program during the fiscal year during which the report is

published.

“(C) <> A summary of projects,

partnerships, and collaborations, including the Federal and non-

Federal sources of funding, continued from the fiscal year

preceding the fiscal year during which the report is published

and projects expected to begin during the fiscal year during

which the report is published and any subsequent fiscal year, as

required under subsection (e)(4)(C).

“(D) The amounts requested in the budget submitted to

Congress pursuant to section 1105(a) of title 31 for the fiscal

year following the fiscal year during which the report is

published, for the programs, projects, activities and the

estimated expenditures under such programs, projects, and

activities, to execute the National Oceanographic Partnership

Program.

“(E) <> A summary of national ocean

research priorities informed by the Ocean Research Advisory

Panel, as required under section 8933(b)(4) of this title.

“(F) <> A list of the members of the Ocean

Research Advisory Panel established under section 8933(a) of

this title and any working groups described in subsection

(e)(4)(A) in existence during the fiscal years covered by the

report.

“(e) Partnership Program Office.–(1) The Secretary of the Navy and

Administrator of the National Oceanic and Atmospheric Administration

shall jointly establish a partnership program office for the National

Oceanographic Partnership Program.

“(2) The Secretary of the Navy and Administrator of the National

Oceanic and Atmospheric Administration shall use competitive procedures

to select a non-Government entity to manage the partnership program

office.

“(3) The Committee shall monitor the management of the partnership

program office.

“(4) The partnership program office shall perform the following

duties:

“(A) Supporting working groups established by the Committee

or subcommittee and reporting to the Committee and to any

Federal agency that has contributed amounts to the National

Oceanographic Partnership Program on the activities of such

working groups, including the proposals of such working groups

for partnership projects.

“(B) Supporting the process for proposing partnership

projects to the Committee and to the agencies referred to in

subparagraph (A), including, where appropriate, managing review

of such projects.

“(C) Submitting to the appropriate congressional

committees, and making publicly available, an annual report on

the status of all partnership projects, including the Federal

and non-Federal sources of funding for each project, and

activities of the office.

“(D) Performing such additional duties for the

administration of the National Oceanographic Partnership Program

that the Committee and the agencies referred to in subparagraph

(A) consider appropriate.”;

(C) by redesignating subsections (g) and (h) as

subsections (f) and (g), respectively;

(D) in subsections (f) and (g), as so redesignated,

by striking “Council” each place it appears and

inserting “Committee”;

(E) by inserting after subsection (g), as so

redesignated, the following new subsection (h):

“(h <> ) Appropriate Congressional

Committees.–In this section, the term `appropriate congressional

committees’ means–

“(1) the Committee on Commerce, Science, and Transportation

of the Senate;

“(2) the Committee on Armed Services of the Senate;

“(3) the Committee on Appropriations of the Senate;

“(4) the Committee on Natural Resources of the House of

Representatives;

“(5) the Committee on Science, Space, and Technology of the

House of Representatives;

“(6) the Committee on Armed Services of the House of

Representatives; and

“(7) the Committee on Appropriations of the House of

Representatives.”.

(2) Clerical amendments.–

(A) Section heading.–The heading for section 8932

of title 10, United States Code, <> is amended to read as follows:

“Sec. 8932. Ocean Policy Committee”.

(B) Table of sections.–The table of sections at the

beginning of chapter 893 of title 10, United States

Code, is amended by striking the item relating to

section 8932 and inserting the following new item:

“8932. Ocean Policy Committee.”.

(c) Ocean Research Advisory Panel.–Section 8933 of such title is

amended to read as follows:

“Sec. 8933. Ocean Research Advisory Panel

“(a) <> Establishment.–(1) The Ocean Policy

Committee shall establish an Ocean Research Advisory Panel (in this

section referred to as the `Advisory Panel’). The Advisory Panel shall

consist of not fewer than 10 and not more than 18 members appointed by

the co-chairs of the Committee, including each of the following:

“(A) Three members who represent the National Academies of

Sciences, Engineering, and Medicine.

“(B) Members selected from among individuals who represent

the views of ocean industries, State, tribal, territorial or

local governments, academia, and such other views as the co-

chairs consider appropriate.

“(C) Members selected from among individuals eminent in the

fields of marine science, marine technology, and marine policy,

or related fields.

“(2) The Committee shall ensure that an appropriate balance of

academic, scientific, industry, and geographical interests and gender

and racial diversity are represented by the members of the Advisory

Panel.

“(b) Responsibilities.–The Committee shall assign the following

responsibilities to the Advisory Panel:

“(1) To advise the Committee on policies and procedures to

implement the National Oceanographic Partnership Program.

“(2) To advise the Committee on matters relating to

national oceanographic science, engineering, facilities, or

resource requirements.

“(3) To advise the Committee on improving diversity,

equity, and inclusion in the ocean sciences and related fields.

“(4) To advise the Committee on national ocean research

priorities.

“(5) Any additional responsibilities that the Committee

considers appropriate.

“(c) <> Meetings.–The Committee shall require

the Advisory Panel to meet not less frequently than two times each year.

“(d) Administrative and Technical Support.–The Administrator of

the National Oceanic and Atmospheric Administration shall provide to the

Advisory Panel such administrative and technical support as the Advisory

Panel may require.

“(e) Termination.–Notwithstanding section 14 of the Federal

Advisory Committee Act (5 U.S.C. App.), the Advisory Panel shall

terminate on January 1, 2040.”.

SEC. 281. FINDINGS.

Congress finds the following:

(1) The oceans and coastal areas of the United States are among the Nation’s most valuable natural resources, making substantial contributions to economic growth, quality of life, and national security.

(2) Oceans drive global and regional climate. Hence, they contain information affecting agriculture, fishing, and the prediction of severe weather.

(3) Understanding of the oceans through basic and applied research is essential for using the oceans wisely and protecting their limited resources. Therefore, the United States should maintain its world leadership in oceanography as one key to its competitive future.

(4) Ocean research and education activities take place within Federal agencies, academic institutions, and industry. These entities often have similar requirements for research facilities, data, and other resources (such as oceanographic research vessels).

(5) The need exists for a formal mechanism to coordinate existing partnerships and establish new partnerships for the sharing of resources, intellectual talent, and facilities in the ocean sciences and education, so that optimal use can be made of this most important natural resource for the well-being of all Americans.

SEC. 282. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.

(a) PROGRAM REQUIRED.–

(1) Subtitle C of title 10, United State Code, is amended by adding after chapter 663 the following new chapter:

“CHAPTER 665–NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM

Sec. 7901. National Oceanographic Partnership Program

(a) ESTABLISHMENT.–The Secretary of the Navy shall establish a program to be known as the ‘National Oceanographic Partnership Program’.

(b) PURPOSES.–The purposes of the program are as follows:

(1) To promote the national goals of assuring national security, advancing economic development, protecting quality of life, and strengthening science education and communication through improved knowledge of the ocean.

(2) To coordinate and strengthen oceanographic efforts in support of those goals by–

(A) identifying and carrying out partnerships among Federal agencies, academia, industry, and other members of the oceanographic scientific community in the areas of data, resources, education, and communication; and

(B) reporting annually to Congress on the program.

Sec. 7902. National Ocean Research Leadership Council

(a) COUNCIL.–There is a National Ocean Research Leadership Council (hereinafter in this chapter referred to as the ‘Council’).

(b) MEMBERSHIP.–The Council is composed of the following members:

(1) The Secretary of the Navy.

(2) The Administrator of the National Oceanic and Atmospheric Administration.

(3) The Director of the National Science Foundation.

(4) The Administrator of the National Aeronautics and Space Administration.

(5) The Deputy Secretary of Energy.

(6) The Administrator of the Environmental Protection Agency.

(7) The Commandant of the Coast Guard.

(8) The Director of the Geological Survey of the Department of the Interior.

(9) The Director of the Defense Advanced Research Projects Agency.

(10) The Director of the Minerals Management Service of the Department of the Interior.

(11) The Director of the Office of Science and Technology.

(12) The Director of the Office of Management and Budget.

(1) Except as provided in paragraph (2), the chairman and vice chairman of the Council shall be appointed every two years by a selection committee of the Council composed of, at a minimum, the Secretary of the Navy, the Administrator of the National Oceanic and Atmospheric Administration, and the Director of the National Science Foundation. The term of office of the chairman and vice chairman shall be two years. A person who has previously served as chairman of vice chairman may be reappointed.

(2) The first chairman of the Council shall be the Secretary of the Navy. The first vice chairman of the Council shall by the Administrator of the National Oceanic and Atmospheric Administration.

(d) RESPONSIBILITIES.– The Council shall have the following responsibilities:

(1) To prescribe policies and procedures to implement the National Oceanographic Partnership Program.

(2) To review, select, and identify and allocate funds for partnership projects or implementation under the program, based on the following criteria:

(A) Whether the project addresses critical research objectives or operational goals, such as data accessibility and quality assurance, sharing of resources, education, or communication.

(B) Whether the project has broad participation within the oceanographic community.

(D) Whether the resources supporting the project are shared among the partners.

(E) Whether the project has been subjected to adequate peer review.

(3) To assess whether there is a need for facility (of facilities) to provide national centralization of oceanographic data, and to establish such a facility of facilities if determined necessary. In conducting the assessment, the Council shall review, at a minimum, the following:

(A) The need for a national oceanographic data center.

(B) The need for a national coastal data center

(D) Preexisting facilities and expertise.

(e) ANNUAL REPORT.– Not later than March 1 of each year, the Council shall submit to Congress a report on the National Oceanographic Partnership Program. The report shall contain the following:

(1) A description of activities of the program carried out during the fiscal year before the fiscal year in which the report is prepared, together with a list of the members of the Ocean Research Advisory Panel and any working groups in existence during the fiscal year covered.

(2) A general outline of the activities planned for the program during the fiscal year in which the report is prepared.

(3) A summary of projects continued from the fiscal year before the fiscal year in which the report is prepared and projects expected to be started during the fiscal year in which the report is prepared and during the following fiscal year.

(4) A description of the involvement of the program with Federal interagency coordinating entities.

(5) The amounts requested, in the budget submitted to Congress pursuant to section 1105(a) of title 31 for the fiscal year following the fiscal year in which the report is prepared, for the programs, projects, and activities of the program and the estimated expenditures under such programs, projects, and activities during such following fiscal year.

(f) PARTNERSHIP PROGRAM OFFICE.–

(1) The Council shall establish a partnership program office for the National Oceanographic Partnership Program. The Council shall use competitive procedures in selecting an operator for the partnership program office.

(2) The Council shall assign the following duties to the partnership program office:

(A) To establish and oversee working groups to propose partnership projects to the Council and advise the Council on such projects.

(B) To manage the process for proposing partnership projects to the Council, including managing peer review of such projects.

(D) Any additional duties for the administration of the National Oceanographic Partnership Program that the Council considers appropriate.

(3) The Council shall supervise the performance of duties by the partnership program office.

(g) CONTRACT AND GRANT AUTHORITY.– The Council may authorize one or more of the departments or agencies represented on the Council to enter into contracts and make grants, using funds appropriated pursuant to an authorization for the National Oceanographic Partnership Program, for the purpose of implementing the program and carrying out the responsibilities of the Council.

(h) ESTABLISHMENT AND FORMS OF PARTNERSHIP PROJECTS.–

(1) A partnership project under the National Oceanographic Partnership Program may be established by any instrument that the Council considers appropriate, including memoranda of understanding, a cooperative research and development agreements, and similar instrument.

(2) Projects under the program may include demonstration projects.

Sec. 7903. Ocean Research Advisory Panel

(a) Establishment.–The Council shall establish an Ocean Research Advisory Panel consisting of not less than 10 and not more than 18 members appointed by the chairman, including the following:

(1) One member who will represent the National Academy of Sciences.

(2) One member who will represent the National Academy of Engineering

(3) One member who will represent the Institute of Medicine.

(4) Members selected from among individuals who will represent the views of ocean industries, State governments, academia, and such other views as the chairman considers appropriate.

(5) Members selected from among individuals eminent in the fields of marine science or marine policy, or related fields.

(b) Responsibilities.–The Council shall assign the following responsibilities to the Advisory Panel:

(1) To advise the Council on policies and procedures to implement the National Oceanographic Partnership Program.

(2) To advise the Council on selection of partnership projects and allocation of funds for partnership projects for implementation under the program.

(3) To advise the Council on matters relating to national oceanographic data requirements.

(4) Any additional responsibilities that the Council considers appropriate.

(c) Funding.–The Secretary of the Navy annually shall make funds available to support the activities of the Advisory Panel.”

(2) The table of chapters at the beginning of subtitle C of title 10, United States Code, and at the beginning of part IV of such subtitle, are each amended by inserting after the item relating to chapter 663 the following:

“665. National Oceanographic Partnership Program……7901”.

(b) INITIAL APPOINTMENTS OF ADVISORY PANEL MEMBERS.–The National Ocean Research Leadership Council established by section 7902 of title 10, United States Code, as added by subsection (a)(1), shall make the appointments required by section 7904 of such title not later than January 1, 1998.

(c) FIRST ANNUAL REPORT OF NATIONAL OCEAN RESEARCH LEADERSHIP COUNCIL.–The first annual report required by section 7902(f) of title 10, United States Code, as added by subsection (a)(1), shall be submitted to Congress not later than March 1, 1997. The first report shall include, in addition to the information required by such section, information about the terms of office, procedures, and responsibilities of the Ocean Research Advisory Panel established by the Council.

(d) AUTHORIZATION OF APPROPRIATIONS.–

(1) Of the amount authorized to the Department of the Navy by section 201(2), $13,000,000 shall be available for the National Oceanographic Partnership Program established pursuant to section 7901 of title 10, United States Code, as added by subsection (a)(1).

(2) Of the amount authorized to be appropriated to the Department of the Navy by section 301(2), $7,500,000 shall be available for such program.

(e) FUNDING FOR PROGRAM OFFICE – Of the amount appropriated for the National Oceanographic Partnership Program for fiscal year 1997, at least $500,000, or 3 percent of the amount appropriated, whichever is greater, shall be available for operations of the partnership program office established pursuant to section 7903(g) of title 10, United States Code as added by subsection (a)(1), for such fiscal year.