[Senate Report 108-58]
[From the U.S. Government Publishing Office]
Calendar No. 120
108th Congress Report
SENATE
1st Session 108-58
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RATIFICATION OF CERTAIN NOAA APPOINTMENTS, PROMOTIONS, AND ACTIONS
_______
June 3, 2003.--Ordered to be printed
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 886]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill joint resolution deg. (S.
H.R. deg.886) TITLE ``A Bill Act deg. to
ratify otherwise legal appointments and promotions in the
commissioned corps of the National Oceanic and Atmospheric
Administration that failed to be submitted to the Senate for
its advice and consent as required by law, and for other
purposes, having considered the same, reports favorably thereon
without amendment with amendments deg. with
an amendment (in the nature of a substitute) deg. and
recommends that the bill joint resolution deg.
(as amended) deg. do pass.
Purpose of the Bill
The purpose of S. 886, the National Oceanic and Atmospheric
Administration (NOAA) Corps Confirmation Correction
Legislation, is to ratify the otherwise legal appointments and
promotions in the commissioned corps of NOAA that failed to be
submitted to the Senate for its advice and consent as required
by law.
Background and Needs
The NOAA Corps is the smallest of the seven uniformed
services of the United States (the others are the four
Department of Defense services, the Coast Guard, and the Public
Health Service). The NOAA Corps is comprised of slightly over
250 commissioned officers and operates a wide variety of
specialized aircraft and ships used to conduct NOAA's
environmental and scientific missions. Its commissioned
officers provide NOAA with an important blend of operational,
management, and technical skills that support the agency's
science and surveying programs at sea, in the air, and ashore.
Corps officers operate and manage NOAA's ships and aircraft as
well as serve in the agency's research laboratories and program
offices throughout the nation and in remote locations around
the world.
The NOAA Corps officer appointments and promotions are
similar to the other uniformed services and, under section 226
of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3026) and its
antecedent, require nomination by the President and must be
submitted to the Senate for its advice and consent.
Historically, the Commerce Committee has considered NOAA
promotions, along with routine Coast Guard officer promotions,
during Full Committee Executive Sessions.
It recently came to the Committee's attention that NOAA has
failed since October 1, 1999, to submit any of its NOAA Corps
officer appointments and promotions to the President for
nomination and subsequently to the Senate for its advice and
consent. Since then, the NOAA Corps has made approximately 251
appointments and promotions, involving approximately 196
officers. An ongoing Department of Commerce investigation
indicates these procedural problems may have existed prior to
October 1, 1999, and additional officers' appointments and
promotions may also be affected. These revelations raise
serious questions concerning the validity of these appointments
and promotions that could affect each individual officer's pay,
entitlements, job status, and the ability to carry out the
officer's official actions.
To address this serious situation, the legislation is
designed to provide a framework for retroactive appointments
and promotions for the affected officers in a manner that will
protect the professional and financial aspects of their
positions, and that will ensure that all past actions taken in
the line of duty by such officers after their appointments and/
or promotions are considered to have been official actions. The
bill states that all actions performed in the line of duty by
these NOAA corps officers are ratified and approved. In
addition, the legislation states that all Federal agency
actions (with respect to pay, benefits, and retirement) in
relation to an unconfirmed NOAA corps officer shall be
considered legally binding.
The bill provides that the President, acting alone, can make
appointments and promotions for up to 180 days to allow these
officers to maintain their status until the full Senate gives
its advice and consent for these appointments and promotions
going forward. Once this bill is enacted into law, the
Administration is expected to submit the list of these officers
to the Senate for its advice and consent.
Legislative History
S. 886 was introduced on April 10, 2003, by Senators McCain,
Hollings, Snowe, and Kerry, and referred to the Senate
Committee on Commerce, Science, and Transportation. On May 1,
2003, the bill was considered by the Committee in an open
executive session. The Committee, without objection, ordered S.
886 reported without amendments.
Estimated Costs
In compliance with subsection (a)(3) of paragraph 11
of rule XXVI of the Standing Rules of the Senate, the Committee
states that, in its opinion, it is necessary to dispense with
the requirements of paragraphs (1) and (2) of that subsection
in order to expedite the business of the Senate. deg.
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 7, 2003.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 886, a bill to
ratify otherwise legal appointments and promotions in the
commissioned corps of the National Oceanic and Atmospheric
Administration that failed to be submitted to the Senate for
its advice and consent as required by law.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contract is Deborah
Reis.
Sincerely,
Barry B. Anderson
(For Douglas Holtz-Eakin, Director).
Enclosure.
S. 886--A bill to ratify otherwise legal appointments and promotions in
the commissioned corps of the National Oceanic and Atmospheric
Administration that failed to be submitted to the Senate for
its advice and consent as required by law
S. 886 would ratify about 250 appointments or promotions of
officers in the commissioned corps of the National Oceanic and
Atmospheric Administration made since October 1, 1999. (These
actions did not receive Senate approval at the time they were
made.) CBO estimates that implementing this bill would have no
effect on the federal budget because the legislation would
confirm personnel actions that have already taken place.
Enacting S. 886 would have no effect on revenues or direct
spending.
The legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would not affect the budgets of state, local, or tribal
governments.
The CBO staff contract for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Statement
Because S. 886 does not create any new programs, the
legislation would have no additional regulatory impact, and
will result in no additional reporting requirements. The
legislation would have no further effect on the number or types
of individuals and businesses regulated, the economic impact of
such regulation, the personal privacy of affected individuals,
or the paperwork required from such individuals and businesses.
Section-by-Section Analysis
Section 1. Ratification of certain NOAA appointments, promotions, and
actions
This section would ratify otherwise legal appointments and
promotions in the commissioned corps of the National Oceanic
and Atmospheric Administration that failed to be submitted to
the Senate for its advice and consent as required by law.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, the Committee states that the bill as
reported would make no change to existing law.