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15483(d)(1)(B) ) is amended by adding at the end the following sentence: The previous sentence shall not apply with respect to the requirements of subsection (a)(6)..
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1. SHORT TITLE
This Act may be cited as the Assisting America’s Rural Schools Act. 2. Rural waiver of certain qualifications for teachers
(a) In general
Section 1119(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C.
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6319(a) ) is amended by adding at the end the following: (4) Availability of waiver for rural local educational agencies
(A) New hires
Upon application by a rural local educational agency, the Secretary may grant the agency the authority to defer, for a 1-year period beginning on the date any teacher who is new to the profession first begins employment with the agency as a middle or secondary school teacher, the application to such teacher of the requirement in section 9101(23)(B)(ii) regarding demonstration of a high level of competency in each of the academic subjects in which the teacher teaches.
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During the deferral period, the teacher shall be considered to have satisfied such requirement if the teacher has demonstrated a high level of competency, in accordance with such section, in one of the academic subjects in which the teacher teaches.
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(B) Existing employees
Upon application by a rural local educational agency, the Secretary may grant the agency the authority to defer, for a 1-year period beginning on the date any middle or secondary school teacher who is not new to the profession first begins teaching an academic subject that the teacher has not previously taught, the application to such teacher of the requirement in section 9101(23)(C)(ii) regarding demonstration of competence in all of the academic subjects in which the teacher teaches.
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During the deferral period, the teacher shall be considered to have satisfied such requirement if the teacher has demonstrated competence, in accordance with such section, in one of the academic subjects in which the teacher teaches. (C) Terms and conditions
The Secretary may, in the Secretary’s discretion, establish such terms and conditions on the authority granted to a rural local educational agency under this paragraph as the Secretary determines to be appropriate. (D) Definition
For purposes of this paragraph,
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the term rural local educational agency means a local educational agency with respect to which— (i) each county in which a school served by the agency is located has a total population density of fewer than 10 persons per square mile; or (ii) all schools served by the agency are designated with a school locale code of 7 or 8, as determined by the Secretary. (b) Regulations
(1) Deadline
The Secretary of Education shall promulgate regulations to carry out the amendment made by subsection (a) not later than 180 days after the date of the enactment of this Act.
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(2) Application procedures
Such regulations shall specify procedures to be used by local educational agencies in submitting applications under section 1119(a)(4) of the Elementary and Secondary Education Act of 1965 (as added by subsection (a)). (3) Eligibility
Such regulations shall specify the criteria the Secretary will use in— (A) determining whether to grant a waiver under subparagraph (A) or (B) of such section; and (B) establishing terms and conditions under subparagraph (C) of such section.
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1. Short title
This Act may be cited as the Wild Sky Wilderness and Backcountry Wilderness Management Area Act of 2004. 2. Addition of Wild Sky Wilderness to National Wilderness Preservation System
(a) Designation
Certain Federal lands in the State of Washington comprising approximately 92,722 acres, as generally depicted on the map entitled Wild Sky Wilderness and Backcountry Wilderness Management Area Proposal and dated September 2004, are hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System. The Federal lands designated as wilderness by this subsection shall be known as the Wild Sky Wilderness.
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(b) Maps and legal descriptions
As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the Wild Sky Wilderness with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map.
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The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service. (c) Administration
Subject to valid existing rights, the Secretary of Agriculture shall manage the Wild Sky Wilderness in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ) and this Act, except that, with respect to the Wild Sky Wilderness, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act.
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To fulfill the purposes of this Act and the Wilderness Act and to achieve administrative efficiencies, the Secretary may manage the Wild Sky Wilderness as a comprehensive part of the larger complex of adjacent and nearby wilderness areas. (d) Maintenance and use of certain structures
(1) Repeater site
Within the Wild Sky Wilderness, the Secretary of Agriculture is authorized to use helicopter access to construct and maintain a joint Forest Service and Snohomish County repeater site, in compliance with a Forest Service approved communications site plan, for the purposes of improving communication for safety, health, and emergency services.
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(2) Evergreen Mountain Lookout
The designation of the Wild Sky Wilderness shall not preclude the operation and maintenance of the Evergreen Mountain Lookout, in the same manner and degree in which the operation and maintenance of the lookout was occurring as of the date of enactment of this Act. (e) Access
(1) Private inholdings
Consistent with section 5(a) of the Wilderness Act ( 16 U.S.C. 1134(a) ), the Secretary of Agriculture shall assure adequate access to private inholdings in the Wild Sky Wilderness.
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(2) Float plane access
As provided by section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ), the use of floatplanes on Lake Isabel in the Wild Sky Wilderness, where such use was established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable restrictions as the Secretary of Agriculture determines desirable. (f) Land acquisition authority
(1) In general
The Secretary of Agriculture may acquire lands and interests therein in the Wild Sky Wilderness by purchase, donation, or exchange.
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The Secretary shall give priority consideration to the acquisition of those lands identified as Priority Acquisition Lands on the map described in subsection (a). (2) Appraisal
Valuation of private lands shall be determined without reference to any restrictions on access or use that arise out of designation of the Wild Sky Wilderness or inclusion of adjacent Federal lands in the Skykomish Backcountry Wilderness Management Area under section 3. (3) Boundary adjustment
The boundaries of the Mt. Baker-Snoqualmie National Forests and the Wild Sky Wilderness shall be adjusted to reflect any land acquisitions or exchanges conducted under this subsection. 3.
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Designation of Backcountry Wilderness Management Area, Skykomish River valley, Washington
(a) Designation
Certain Federal lands in the State of Washington comprising approximately 13,278 acres, as generally depicted on the map referred to in section 2(a), are hereby designated as the Skykomish Backcountry Wilderness Management Area for the purpose of conserving, protecting, and enhancing for the benefit and enjoyment of present and future generations the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife, educational, and scenic resources of the Federal lands included in the management area.
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(b) Maps and legal descriptions
As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the management area with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service.
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(c) Administration
The Secretary of Agriculture shall manage the Federal lands included in the management area to preserve their natural character and to protect and enhance water quality. (d) Management plan
Not later than three years after the date of the enactment of this Act, the Secretary of Agriculture shall develop a management plan for the management area. The Secretary shall prepare the management plan in consultation with representatives of the State of Washington, the political subdivisions of the State containing the management area, and other interested persons.
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(e) Wildlife management
The designation of the management area neither affects nor diminishes the jurisdiction of the State of Washington with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, on Federal lands included in the management area. (f) Withdrawal
Subject to valid existing rights, the Federal lands included in the management area are withdrawn from all forms of entry, appropriation, and disposal under the public land laws, location, entry, and patent under the mining laws, and operation of the mineral leasing, mineral materials, and geothermal leasing laws.
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(g) Motorized and mechanized travel authorized
Motorized and mechanized travel in the management area shall be restricted to designated trails and routes specified in the management plan required by subsection (d). Pending completion of the management plan, the Secretary of Agriculture may designate the trails and routes in the management area on which motorized and mechanized travel is authorized. Other trails and routes may be used for motorized and mechanized travel whenever the Secretary considers such use to be necessary for administrative purposes or to respond to an emergency.
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(h) Prohibition on commercial timber harvesting
The Secretary of Agriculture shall not permit the commercial harvest of timber in the management area. (i) Land acquisition authority
(1) In general
The Secretary of Agriculture may acquire lands and interests therein in the management area by purchase, donation, or exchange. The Secretary shall give priority consideration to the acquisition of those lands identified as Priority Acquisition Lands on the map described in section 2(a).
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(2) Appraisal
Valuation of private lands shall be determined without reference to any restrictions on access or use that arise out of inclusion of adjacent Federal lands in the management area or designation of the Wild Sky Wilderness. (3) Boundary adjustment
The boundaries of the Mt. Baker-Snoqualmie National Forests and the management area shall be adjusted to reflect any land acquisitions or exchanges conducted under this subsection. 4.
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Development and implementation of trail plan
(a) Trail plan required
The Secretary of Agriculture shall establish, in consultation with interested parties, a trail plan for National Forest System lands described in this paragraph in order to develop the following: (1) A system of hiking and equestrian trails in the Wild Sky Wilderness in a manner consistent with section 2 and the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (2) A system of hiking and equestrian trails in the Backcountry Wilderness Management Area in a manner consistent with section 3.
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(3) A system of trails adjacent to the Wild Sky Wilderness or the Backcountry Wilderness Management Area to provide access to such areas. (b) Implementation report
Within two years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report on the implementation of the trail plan. The report shall include the identification of those trails regarding which development is a priority. 5.
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Land exchanges, Chelan County Public Utility District, Washington
(a) Land exchanges required
In accordance with this section, the Secretary of Agriculture shall carry out a land exchange with the Chelan County Public Utility District in the State of Washington to exchange lands and interests in lands, as generally depicted on the map entitled Chelan County Public Utility District Exchange and dated May 22, 2002.
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(b) Acceptance of lands
If, within 90 days after the date of enactment of this Act, the Chelan County Public Utility District offers to the Secretary of Agriculture approximately 371.8 acres of lands held by the Utility District in the Mt. Baker-Snoqualmie National Forests in the State of Washington, the Secretary shall accept such lands if the title is acceptable to the Secretary and there is no hazardous material on such lands, which is objectionable to the Secretary.
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(c) Conveyance of easement
Upon acceptance of title by the Secretary of Agriculture under subsection (b), the Secretary shall convey to the Chelan County Public Utility District a permanent easement, including helicopter access, consistent with such levels as used as of the date of enactment of this Act, to maintain an existing snowtel site on 1.82 acres of Federal land in the Wenatchee National Forest in the State of Washington.
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(d) Reversion
As a condition on the conveyance under subsection (c), the Chelan County Public Utility District shall notify the Secretary of Agriculture if the Utility District determines that there is no longer a need to maintain a snowtel site on the lands subject to the easement conveyed under subsection (c) to monitor the snow pack for calculating expected runoff into the Lake Chelan hydroelectric project and the hydroelectric projects in the Columbia River Basin. Upon receipt of such notice, the easement shall be extinguished and all rights conveyed under such subsection shall revert to the United States.
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1. Findings
Congress makes the following findings: (1) Lyme disease is a common but frequently misunderstood illness that, if not caught early and treated properly, can cause serious health problems. (2) Lyme disease is a bacterial infection that is transmitted by a tick bite. Early signs of infection may include a rash and flu-like symptoms such as fever, muscle aches, headaches, and fatigue. (3) Although Lyme disease can be treated with antibiotics if caught early, the disease often goes undetected because it mimics other illnesses or may be misdiagnosed.
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Untreated, Lyme disease can lead to severe heart, neurological, eye, and joint problems because the bacteria can affect many different organs and organ systems. (4) If an individual with Lyme disease does not receive treatment, such individual can develop severe heart, neurological, eye, and joint problems. (5) Although Lyme disease accounts for 90 percent of all vector-borne infections in the United States, the ticks that spread Lyme disease also spread other disorders, such as ehrlichiosis, babesiosis, and other strains of Borrelia.
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All of these diseases in 1 patient makes diagnosis and treatment more difficult. (6) Although tick-borne disease cases have been reported in 49 States and the District of Columbia, about 90 percent of the 15,000 cases have been reported in the following 10 States: Connecticut, Pennsylvania, New York, New Jersey, Rhode Island, Maryland, Massachusetts, Minnesota, Delaware, and Wisconsin. Studies have shown that the actual number of tick-borne disease cases are approximately 10 times the amount reported due to poor surveillance of the disease.
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(7) Persistence of symptomatology in many patients without reliable testing makes treatment of patients more difficult. 2. Establishment of a tick-borne disorders advisory committee
(a) Establishment of committee
Not later than 180 days after the date of enactment of this Act, there shall be established an advisory committee to be known as the Tick-Borne Disorders Advisory Committee (referred to in this Act as the Committee ) organized in the Office of the Secretary.
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(b) Duties
The Committee shall advise the Secretary and Assistant Secretary of Health regarding how to— (1) assure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne disorders; (2) identify opportunities to coordinate efforts with other Federal agencies and private organizations addressing tick-borne disorders; and (3) develop informed responses to constituency groups regarding the Department of Health and Human Services’ efforts and progress.
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(c) Membership
(1) Appointed members
(A) In general
The Secretary of Health and Human Services shall appoint voting members to the Committee from among the following member groups: (i) Scientific community members. (ii) Representatives of tick-borne disorder voluntary organizations. (iii) Health care providers. (iv) Patient representatives who are individuals who have been diagnosed with tick-borne illnesses or who have had an immediate family member diagnosed with such illness. (v) Representatives of State and local health departments and national organizations who represent State and local health professionals.
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(B) Requirement
The Secretary shall ensure that an equal number of individuals are appointed to the Committee from each of the member groups described in clauses (i) through (v) of subparagraph (A). (2) Ex officio members
The Committee shall have nonvoting ex officio members determined appropriate by the Secretary. (d) Co-chairpersons
The Assistant Secretary of Health shall serve as the co-chairperson of the Committee with a public co-chairperson chosen by the members described under subsection (c). The public co-chairperson shall serve a 2-year term and retain all voting rights.
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(e) Term of appointment
All members shall be appointed to serve on the Committee for 4 year terms. (f) Vacancy
If there is a vacancy on the Committee, such position shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of that term. Members may serve after the expiration of their terms until their successors have taken office.
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(g) Meetings
The Committee shall hold public meetings, except as otherwise determined by the Secretary, giving notice to the public of such, and meet at least twice a year with additional meetings subject to the call of the co-chairpersons. Agenda items can be added at the request of the Committee members, as well as the co-chairpersons. Meetings shall be conducted, and records of the proceedings kept as required by applicable laws and Departmental regulations.
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(h) Reports
(1) In general
Not later than 24 months after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the activities carried out under this Act. (2) Content
Such reports shall describe— (A) progress in the development of accurate diagnostic tools that are more useful in the clinical setting; and (B) the promotion of public awareness and physician education initiatives to improve the knowledge of health care providers and the public regarding clinical and surveillance practices for Lyme disease and other tick-borne disorders.
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(i) Authorization of appropriations
There is authorized to be appropriated to carry out this Act, $250,000 for each of fiscal years 2004 and 2005. Amounts appropriated under this subsection shall be used for the expenses and per diem costs incurred by the Committee under this section in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), except that no voting member of the Committee shall be a permanent salaried employee. 3.
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Authorization for research funding
There is authorized to be appropriated $10,000,000 for each of fiscal years 2004 through 2008 to provide for research and educational activities concerning Lyme disease and other tick-borne disorders, and to carry out efforts to prevent Lyme disease and other tick-borne disorders. 4. Goals
It is the sense of the Congress that, in carrying out this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ), acting as appropriate in consultation with the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health,
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the Committee, and other agencies, should consider carrying out the following: (1) Five-year plan
It is the sense of the Congress that the Secretary should consider the establishment of a plan that, for the five fiscal years following the date of the enactment of this Act, provides for the activities to be carried out during such fiscal years toward achieving the goals under paragraphs (2) through (4). The plan should, as appropriate to such goals, provide for the coordination of programs and activities regarding Lyme disease and other tick-borne disorders that are conducted or supported by the Federal Government.
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(2) First goal: diagnostic test
The goal described in this paragraph is to develop a diagnostic test for Lyme disease and other tick-borne disorders for use in clinical testing. (3) Second goal: surveillance and reporting of Lyme disease and other tick-borne disorders
The goal described in this paragraph is to accurately determine the prevalence of Lyme disease and other tick-borne disorders in the United States.
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(4) Third goal: prevention of lyme disease and other tick-borne disorders
The goal described in this paragraph is to develop the capabilities at the Department of Health and Human Services to design and implement improved strategies for the prevention and control of Lyme disease and other tick-borne diseases. Such diseases may include Masters’ disease, ehrlichiosis, babesiosis, other bacterial, viral and rickettsial diseases such as tularemia, tick-borne encephalitis, Rocky Mountain Spotted Fever, and bartonella, respectively.
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1. Short title; table of contents
(a) Short title
This Act may be cited as the Oceans Conservation, Education, and National Strategy for the 21st Century Act. (b) Table of contents
The table of contents of this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Findings Sec. 3. Purpose Sec. 4. Definitions Title I—Congressional declaration of national oceans policy Sec. 101. National oceans policy Title II—National standards Sec. 201. National standards Sec.
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202. Determination of compliance with national oceans policy and national standards Sec. 203. Implementation Sec. 204. Stricter standards Title III—National Oceanic and Atmospheric Administration Sec. 301. Existence in Department of Commerce; mission Sec. 302. Administrator; functions Sec. 303. Other officers Sec. 304. Qualifications of Administration officers Sec. 305. Transfer of marine mammals management functions to the Administrator Sec. 306. Science Advisory Board Sec. 307.
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Report of recommendations for reorganization to establish a Department of Natural Resources Title IV—National Oceans Advisor Sec. 401. Executive Advisor; mission Sec. 402. Staffing Title V—National Oceans Council Sec. 501. Establishment of Council; mission Sec. 502. Chair; membership; functions Sec. 503. Limitations on voting Title VI—Council of Advisors on Oceans Policy Sec. 601. Establishment of Council Sec. 602. Duties Sec. 603. Membership Sec. 604.
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Meetings Title VII—Regional Planning Sec. 701. Findings Sec. 702. Designation of ocean regions; Regional Administrators Sec. 703. Regional Ocean Councils Sec. 704. Regional Ocean Ecosystem Plans Sec. 705. Consistency requirements Sec. 706. Regional Ocean Council advisory committees Sec. 707. Financial assistance to States Sec. 708. Citizen suits Title VIII—Ocean science, exploration, and research coordination Sec. 801. Committee on Ocean Science, Education, and Operations Sec. 802.
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National Strategy for Ocean and Coastal Science Sec. 803. National Ocean Partnership Program Sec. 804. Ocean Research and Education Advisory Panel Sec. 805. Marine ecosystems research Sec. 806. Authorization of appropriations Title IX—Ocean Education Sec. 901. Subcommittee on Ocean Education Sec. 902. Ocean and coastal education program Sec. 903. Ocean Science and Technology Scholarship Program Sec. 904. National Oceanic and Atmospheric Administration Office of Education Sec. 905. Amendment to the National Sea Grant College Program Act Sec. 906.
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National ocean awareness media campaign Sec. 907. Authorization of appropriations Title X—Ocean Exploration Sec. 1001. National Oceanic and Atmospheric Administration Office of Ocean Exploration Sec. 1002. Subcommittee on Ocean Exploration Sec. 1003. Authorization of appropriations Title XI—Ocean and Great Lakes Conservation Trust Fund Sec. 1101. Establishment of Fund Sec. 1102. Limitation on use of available amounts for administration Sec. 1103. Recordkeeping requirements Sec. 1104. Maintenance of effort and matching funding Sec. 1105.
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Sunset Sec. 1106. Community assistance formula and payments Sec. 1107. Approval of State funding and spending plans 2. Findings
The Congress finds the following: (1) United States ocean waters and the ocean resources they contain are vital for the national security, environment, economy, and culture of the United States. (2) Consistent with customary international law, the United States exercises sovereign rights over ocean resources within United States ocean waters.
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(3) These ocean resources are the property of the people of the United States, are held in trust for them by Federal, State, local, and tribal governments, and should be managed to preserve the full range of their benefits for present and future generations. (4) Marine, terrestrial, and atmospheric systems are interdependent, requiring that policy, information transfer, and the management of human activities be coordinated across systems. (5) Healthy and productive coastal and marine ecosystems are the keys to securing the full range of benefits from ocean resources for the people of the United States.
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(6) A variety of threats and practices have caused dramatic declines in the health and productivity of coastal and marine ecosystems of the United States. Among the major threats to marine ecosystem health are— (A) global climate change; (B) chemical, nutrient, and biological pollution; (C) unwise land use and coastal development; (D) habitat damage; (E) overfishing; and (F) invasive species. (7) These threats are exacerbated by the legal and geographic fragmentation of authority over ocean space and ocean resources.
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(8) Activities harming coastal and marine ecosystems jeopardize the economies and social structure of coastal communities dependent on these resources. (9) While there is a plethora of laws, government agencies, and programs dealing with coastal resources and ocean resources, activities thereunder are poorly coordinated and do not constitute a unified and comprehensive public policy toward the oceans. (10) To better enable the various levels of government with authority over coastal and ocean space, coastal resources, and ocean resources to fulfill their public trust responsibilities, a unified national oceans policy is needed to govern the range of human activities affecting the health and productivity of marine ecosystems.
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3. Purpose
The purpose of this Act is to secure, for present and future generations of people of the United States, the full range of environmental, economic, educational, social, cultural, nutritional, and recreational benefits of healthy marine ecosystems, by— (1) establishing a comprehensive national oceans policy that is binding on all covered actions that may significantly affect United States ocean waters and ocean resources; (2) requiring covered actions to be consistent with the purposes and policies of this Act; (3) mandating that clear standards be set against which compliance with the national oceans policy can be measured;
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(4) providing a mechanism through which compliance with this Act can be assured; (5) consolidating and restructuring Federal ocean programs to support this Act; and (6) promoting ecologically sustainable ocean resource management by strengthening and empowering ocean governance. 4. Definitions
In this Act: (1) Covered action
The term covered action means any activity affecting United States ocean waters or ocean resources, that is carried out— (A) by a Federal agency, including the issuance of a Federal license or permit; or (B) by any other person using Federal funds.
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(2) Administrator
The term Administrator means the Administrator of the National Oceanic and Atmospheric Administration. (3) Administration
The term Administration means the National Oceanic and Atmospheric Administration provided for in section 301. (4) Advisor
The term Advisor means the National Oceans Advisor appointed under section 401. (5) Biological diversity
The term biological diversity means a collection of genomes, species, and ecosystems occurring in a geographically defined region.
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(6) Ecologically sustainable
The term ecologically sustainable means capable of maintaining biological diversity and ecosystem structure and functioning from 1 human generation to the next, so as not to deny future generations the goods and services provided by marine ecosystems that are enjoyed today. (7) Function
The term function , when used in reference to a function of a government agency or official, includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.
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(8) Marine ecosystem health and health of marine ecosystems
Each of the terms marine ecosystem health and health of marine ecosystems means the ability of a marine ecosystem to support and maintain a productive and resilient community of organisms, having a species composition, diversity, and functional organization resulting from the natural habitat of the region, such that it provides a complete range of ecological benefits, including— (A) a complete diversity of native species and habitats wherein each native species is able to maintain an abundance, population structure, and distribution supporting its ecological and evolutionary functions and processes; and (B) a physical, chemical, geological,
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and microbial environment that is supportive of the requirements of this paragraph.
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(9) Healthy marine ecosystem
The term healthy marine ecosystem means a marine ecosystem with the ability to support and maintain a productive and resilient community of organisms, having a species composition, diversity, and functional organization resulting from the natural habitat of the region, such that it provides a complete range of ecological benefits, including— (A) a complete diversity of native species and habitats wherein each native species is able to maintain an abundance, population structure, and distribution supporting its ecological and evolutionary functions and processes; and (B) a physical, chemical, geological, and microbial environment that is supportive of the requirements of this paragraph.
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(10) Ecosystem-based management
The term ecosystem-based management means an approach to the management of human activities and natural resources affected by such activities that incorporates the following: (A) Long term ecological sustainability. (B) Clear, operational goals, with reference to a desired future status of ecosystem processes and components. (C) Use of the best available scientific information regarding ecosystems and their functions, including, but not limited to, multiple indicators, including models and other quantitative and qualitative techniques at varying scales. (D) Awareness of complexity, interconnectedness, and resiliency. (E) Recognition that ecosystems are dynamic.
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(F) Attention to context and scale, as necessary to align decision processes with ecosystem processes that vary across space and time. (G) Acknowledgement of humans as ecosystem components who must be engaged to achieve long term management goals. (H) Accountability. (I) Identification of uncertainties. (J) Adaptiveness, including approaches that supplement limited predictive capacities and respond to changes in ecosystems, information, and anthropogenic stressors.
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(11) United States ocean waters
The term United States ocean waters means the zone extending from the baseline from which the breadth of the United States territorial sea is measured to the extent of the Exclusive Economic Zone as specified in Presidential Proclamation Number 5030, dated March 10, 1983, including the territorial waters of the Great Lakes and the waters of the continental shelf to which the United States is granted sovereign rights under international law. (12) Ocean resources
The term ocean resources means any living, nonliving, or cultural amenity in United States ocean waters.
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(13) Coastal
The term coastal includes coastal areas of United States ocean waters of the Great Lakes. (14) Marine
The term marine includes of or relating to United States ocean waters of the Great Lakes. (15) Regional Ocean Council
The term Regional Ocean Council means such a council established by the Administrator under section 703. (16) Ocean region
The term ocean region means such a region designated under section 702(a).
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(17) Qualified Outer Continental Shelf revenues
The term `qualified Outer Continental Shelf revenues' means (except as otherwise provided in this paragraph) all moneys received by the United States from each leased tract or portion of a leased tract lying seaward of the zone defined and governed by section 8(g) of the Outer Continental Shelf Lands Act ( 43 U.S.C.
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1337(g) ), or lying within such zone but to which section 8(g) does not apply, the geographic center of which lies within a distance of 200 miles from any part of the coastline of any coastal State, including bonus bids, rents, royalties (including payments for royalty taken in kind and sold), net profit share payments, and related late-payment interest from natural gas and oil leases issued pursuant to the Outer Continental Shelf Lands Act.
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Such term does not include any revenues from a leased tract or portion of a leased tract that is located in a geographic area subject to a leasing moratorium on January 1, 2001, unless the lease was issued prior to the establishment of the moratorium and was in production on January 1, 2001.
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(18) Coastal State
The term coastal State — (A) means a State of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or 1 or more of the Great Lakes; and (B) includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territories of the Pacific Islands, and American Samoa.
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(19) Coastal political subdivision
The term coastal political subdivision means a political subdivision of a coastal State all or part of which political subdivision is within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C.1453)). (20) Coastal population density
The term coastal population density means the population as determined by the most recent census data in the States coastal zone as determined pursuant to the Coastal Zone Management Act of 1972. (16 U.S.C.1451 et seq.). 101.
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National oceans policy
(a) Policy
The Congress declares that it is the continuing policy of the United States to protect, maintain, and restore the health of marine ecosystems in order to fulfill the social, economic, and other requirements of present and future generations of Americans. (b) Responsibility of Federal governance system
In order to carry out the policy set forth in this Act, the President, acting through the Administrator of the National Oceanic and Atmospheric Administration and top officials of other Federal agencies and departments, shall— (1) protect, maintain, and restore marine biological diversity and the functioning of marine ecosystems;
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(2) require that ocean resources be used in a manner that is ecologically sustainable; (3) manage covered actions affecting the oceans on an ecosystem basis; (4) exercise precaution in support of protecting, restoring, and maintaining the health of marine ecosystems in the case of uncertain or inadequate information; (5) use the best available scientific, social, and economic information to make decisions; (6) support research and education to improve basic understanding of marine ecosystems and their management and restoration; (7) promote and support international collaboration on research of marine ecosystems and the conservation of healthy marine ecosystems;
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(8) adapt in a timely manner to new information on the health of marine ecosystems and the effectiveness of management decisions; (9) be equitable and transparent, and promote cooperation among all stakeholders; and (10) provide accountability. 201.
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National standards
(a) Establishment of standards
To the fullest extent possible the policies, regulations, and Public Laws of the United States shall be interpreted and administered in accordance with the following national standards: (1) Covered actions affecting United States ocean waters or ocean resources must be conducted in a manner that is consistent with the protection and maintenance of healthy marine ecosystems and, where appropriate, the restoration of degraded marine ecosystems.
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(2) Any covered action that may significantly affect United States ocean waters or ocean resources may proceed only if the covered action, individually and in combination with other covered actions— (A) is not likely to significantly harm the health of any marine ecosystem; and (B) is not likely to significantly impede the restoration of the health of any marine ecosystem. (3) In the case of incomplete or inconclusive information as to the effects of a covered action on United States ocean waters or ocean resources, decisions shall be made in such a way as will ensure protection, maintenance, and restoration of healthy marine ecosystems.
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(4) To the extent practicable, and consistent with other provisions of this Act, including the other National Standards under this subsection, adverse social and economic impacts on communities that are significantly resource dependent shall be minimized. Consideration of impacts on resource dependent communities shall include, but not be limited to, cumulative impacts.
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(b) Rulemaking
(1) Application of national standards to covered actions
Within 12 months after the date of the enactment of this Act, the Administrator, in consultation with the National Oceans Council, shall issue regulations that shall govern the application of the national standards set forth in subsection (a) with respect to covered actions. (2) Other regulations
The Administrator may issue other regulations regarding implementation of subsection (a) as the Administrator considers necessary. 202.
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Determination of compliance with national oceans policy and national standards
(a) Requirement
Any determination of whether a covered action complies with section 201 shall be made in accordance with (1) regulations issued under section 201; and (2) any applicable Regional Ocean Ecosystem Plan that is approved or prepared by the Administrator under this Act. (b) Application of national standards not affected
This section shall not be construed as limiting the application of section 201 before the approval or issuance of a Regional Ocean Ecosystem Plan by the Administrator.
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(c) Guidance
Within 12 months after the date of the enactment of this Act, the Administrator, in consultation with the National Oceans Council, shall issue detailed guidance to the Regional Ocean Councils, based on the national standards listed in section 201, for the issuance of Regional Ocean Ecosystem Plans under title VII.
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The guidance shall address— (1) assessing and monitoring the health of marine ecosystems; (2) how to apply the definition of marine ecosystem health at the regional level, including establishing marine ecosystem health criteria and indicators; (3) predicting the likely effects of proposed covered actions on the health of marine ecosystems, and determining whether those effects are significant; (4) facilitating ecosystem-based management of United States ocean waters and ocean resources; and (5) the types of covered actions that are likely to have a significant effect on the health of marine ecosystems.
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(d) National Research Council
To assist the Administrator in issuing guidance under subsection (c), the Administrator may request the National Research Council to— (1) convene a panel with expertise on marine science and the management of ocean resources to develop recommendations; and (2) update such recommendations every 5 years. 203. Implementation
(a) In general
The head of each Federal agency shall, in consultation with the Administrator, ensure that all covered actions of the agency comply with the national standards set forth in section 201.
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(b) Compliance review
In conducting an environmental review authorized under the National Environmental Policy Act of 1969 , the head of each Federal agency shall, after consultation with the Administrator, include in the review an assessment of the impact of the proposed covered action on the health of marine ecosystems. The Administrator, after considering any findings of the Regional Administrator concerned, shall determine whether the proposed covered action is in compliance with the policies, national standards, and any applicable Regional Ocean Ecosystem Plan that is approved or prepared by the Administrator under this Act.
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(c) Changes or alternatives
If the Administrator determines that a proposed covered action is not in compliance with the policies, national standards, and any applicable approved Regional Ocean Ecosystem Plan under this Act, the Administrator shall propose changes or alternatives to the proposed covered action that would make the covered action be in compliance with this Act. (d) Resolution of disputes
(1) Appeal to Council
If the Administrator determines that a proposed covered action is not in compliance with the policies and national standards set forth in this Act, the head of the agency proposing the covered action may appeal the determination to the National Oceans Council.
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(2) Policies and procedures for appeals
The National Oceans Council shall issue policies and procedures for hearing appeals under this subsection. (3) Determination of appeal
If an appeal is granted, the National Oceans Council shall, by a vote of at least two-thirds of the members of the Council, determine whether or not the proposed covered action is in compliance with the policies and national standards set forth in this Act.
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(4) Conditional determination of compliance
(A) Conditional determination
The National Oceans Council may determine that a proposed covered action is in compliance with this Act subject to the agency complying, in conducting the action, with requirements, restrictions, or other conditions established by the National Oceans Council. (B) Compliance with conditions required
If the National Oceans Council establishes conditions for a proposed covered action under subparagraph (A), the agency may not conduct the action except in compliance with such conditions.
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(5) Referral to President
If the National Oceans Council does not determine in accordance with paragraph (2) that the proposed covered action is in compliance with the policies and national standards set forth in this Act— (A) the National Oceans Council shall, by vote of a majority of the members of the Council, approve and submit to the President a recommendation for resolving the matter; and (B) the President, after consideration of such recommendations, shall determine whether the proposed covered action is in compliance with the policies and national standards set forth in this Act.
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(e) Ensuring compliance
The head of each Federal agency and department shall ensure that final covered actions of such agency or department comply with this Act, including the implementation of changes recommended by the Administrator, the Council, or the President. 204.
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Stricter standards
Nothing in this Act shall be construed to limit the authority of a local or State government or the Federal Government to establish more stringent standards, requirements, or restrictions within their respective jurisdictions, in order to provide greater protection of marine ecosystem health (including to be consistent with other applicable law), than the protection provided by a Regional Ocean Ecosystem Plan that is approved or prepared by the Administrator under this Act. 301. Existence in Department of Commerce; mission
(a) Establishment
There shall be in the Department of Commerce the National Oceanic and Atmospheric Administration. Reorganization Plan No.
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4 of 1970 shall have no further force or effect. (b) Mission
The primary mission of the Administration is to— (1) act as the non-military Federal agency with responsibility for providing oversight of all United States ocean waters and ocean resources; (2) understand and predict changes in the Earth’s environment and conserve and manage ocean resources to meet our Nation’s economic, social, and environmental needs; (3) protect, maintain, and restore the health of marine ecosystems; and (4) promote the ecologically sustainable use and management of United States ocean waters and ocean resources.
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(c) Duties
It is the duty of the Administration to— (1) protect, maintain, and restore the health of marine ecosystems through ecosystem-based management in the United States; (2) assess climate variability and change to understand and predict climate system dynamics and the impacts of coupled atmosphere/oceans/land systems; (3) meet society’s diverse and expanding needs for weather-related information, and enhance preparedness for responding to weather conditions; (4) support research that provides a comprehensive understanding of marine systems to meet the environmental, economic, and public safety needs of the United States;
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(5) use the best available technology to explore and map United States ocean waters, and work collaboratively with other countries to use the best available technology to explore and map their ocean waters, in order to better understand ocean dynamics; (6) educate the United States about earth’s dynamic biosphere and how humans impact it; (7) carry out all functions of entities transferred to the Administration, including by acting as a focal point regarding oceans research and management; (8) ensure that people of the United States have access to the full range of environmental, economic, educational, social, cultural, nutritional,
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and recreational benefits of healthy marine ecosystems; and (9) perform functions authorized to be carried out by the National Oceanic and Atmospheric Administration immediately before the enactment of this Act. (d) Offices
There shall be in the Administration the following offices: (1) The Office of Oceans Ecosystem Management and Protection, which, subject to the other provisions of this Act, shall perform the functions performed immediately before the enactment of this Act by— (A) the National Ocean Service; and (B) the National Marine Fisheries Service. (2) The National Weather Service.
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(3) The Office of Oceans and Atmospheric Research and Data Services, which, subject to the other provisions of this Act, shall perform the functions performed immediately before the enactment of this Act by— (A) the Office of Ocean and Atmospheric Research; and (B) the National Environmental Satellite, Data, and Information Service. (4) The Office of Education.
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(5) The Office of Personnel, Program, and Facilities Management, which, subject to the other provisions of this Act, shall perform the functions performed immediately before the enactment of this Act by— (A) the Office of Program Planning and Integration; and (B) Office of Marine and Aviation Operations. 302. Administrator; functions
(a) Administrator
(1) In general
There is an Under Secretary of Commerce for Oceans and Atmosphere.
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The Under Secretary shall be the Administrator of the National Oceanic and Atmospheric Administration, and shall be appointed by the President, by and with the advice and consent of the Senate. (2) Head of agency
The Administrator— (A) is the head of the Administration; and (B) shall be responsible for ensuring that the duties of the Administration under section 301(c) are performed. (3) Functions vested in Administrator
All functions of all officers, employees, and organizational units of the Administration are vested in the Administrator.
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(4) Pay
The Administrator shall be paid at the rate of basic pay for level III of the Executive Schedule under section 5314 of title 5, United States Code. (b) Authorities
The Administrator— (1) except as otherwise provided in this Act, may delegate any of the Administrator’s functions to any officer, employee, or organizational unit of the Administration; (2) may make contracts, grants, and cooperative agreements, and enter into agreements with other executive agencies, Indian tribes, States, regional agencies, interstate agencies, and local governments,
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as may be necessary and proper to carry out the Administrator’s responsibilities under this Act or as otherwise provided by law; (3) shall take reasonable steps to ensure that information systems and databases of the Administration are compatible with each other and with appropriate databases of other agencies; (4) has the authority to hire personnel, including the selection, appointment, distribution, supervision, compensation, and separation of personnel; (5) may procure services of experts and consultants in accordance with section 3109 of title 5, United States Code; (6) shall develop policy and guidance; (7) shall perform general management;
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and (8) may prescribe external affairs, including legal, legislative, and public affairs. (c) Coordination with non-federal entities
With respect to the duties of the Administration under section 301(c), the Administrator shall coordinate with State and local government personnel, agencies, and authorities, with the private sector, and with other entities. (d) Report to Congress
The Administrator shall transmit to the Congress once every 3 years a report that sets forth— (1) the status and condition of the health of marine ecosystems in United States ocean waters; (2) past, current, and projected trends in the quality,
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management, and utilization of United States ocean waters and the effects of those trends on the social, economic, recreational, and other requirements of the United States; (3) a review of the programs and covered actions (including regulatory activities) of the Federal Government, State and local governments, and nongovernmental entities or individuals with particular reference to their effect on ocean waters and on the conservation, development, and utilization of ocean resources; (4) a description of activities of the Administration to perform its duties under section 301(c) during the period covered by the report;
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and (5) a program for remedying the deficiencies of existing programs and activities, including recommendations for legislation. 303. Other officers
(a) Deputy Administrator
(1) In general
There is a Deputy Administrator of the National Oceanic and Atmospheric Administration, who shall be appointed by the Administrator. The position of Deputy Administrator shall be a Senior Executive Service general position authorized under section 3133 of title 5, United States Code.
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(2) Functions
The Deputy Administrator is— (A) the Administrator’s first assistant and serves as an advisor to the Administrator on all program and policy issues; (B) responsible for ensuring the timely and effective implementation of Administration policies and objectives; and (C) acts in the position of the Administrator in the absence or disability of the Administrator, or in the event of a vacancy of that position. (b) Assistant Administrators
(1) In general
There are the following officers with specified functions of the Administration,
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