[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4966 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4966

    To improve the conservation and management of coastal and ocean 
 resources by reenacting and clarifying provisions of a reorganization 
 plan authorizing the National Oceanic and Atmospheric Administration.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 2002

Mr. Gilchrest introduced the following bill; which was referred to the 
 Committee on Resources, and in addition to the Committee on Science, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To improve the conservation and management of coastal and ocean 
 resources by reenacting and clarifying provisions of a reorganization 
 plan authorizing the National Oceanic and Atmospheric Administration.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Oceanic and Atmospheric 
Administration Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        National Oceanic and Atmospheric Administration.
            (2) Function.--The term ``function'' includes any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program.
            (3) Office.--The term ``office'' includes any office, 
        institute, council, unit, organizational entity, or component 
        thereof.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (5) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Commerce for Oceans and Atmosphere 
        appointed under section 102.

SEC. 3. ORGANIZATION OF ADMINISTRATION.

    (a) In General.--There shall be in the Department of Commerce an 
agency known as the National Oceanic and Atmospheric Administration.
    (b) Primary Missions.--The primary missions of the Administration 
are the following:
            (1) The provision and certification of hydrographic and 
        geodetic products and data.
            (2) The conservation and management of the Nation's coastal 
        and marine resources.
            (3) The exploration of the oceans.
            (4) To further human understanding of--
                    (A) the oceans;
                    (B) the earth's atmosphere; and
                    (C) the functional relationship of the oceans and 
                the atmosphere.
    (c) Components.--The Secretary shall maintain within the 
Administration the following components:
            (1) The National Coastal and Ocean Service.
            (2) The National Oceanic and Atmospheric Research Service.
            (3) The National Marine Fisheries Service.
            (4) The National Weather Service.
            (5) The National Environmental Satellite and Data 
        Information Service.
            (6) The Office of Marine and Aviation Operations.
            (7) Such other components as the Secretary considers 
        necessary.
    (d) Functions.--The Administration shall perform such functions as 
were vested in the Administration or any officer, employee, or office 
of the Administration immediately before the enactment of this Act, 
except as may be provided otherwise by law or by a redelegation of 
authority after that date by the President, the Secretary of Commerce, 
or any other officer of the United States who delegated such function 
to the Administration before that date or who is otherwise authorized 
to make such a redelegation.

SEC. 4. UNDER SECRETARY FOR OCEANS AND ATMOSPHERE.

    (a) In General.--There shall be at the head of the Administration 
the Under Secretary of Commerce for Oceans and Atmosphere. The Under 
Secretary shall be appointed by the President, by and with the advice 
and consent of the Senate. The Under Secretary shall be paid at the 
rate of basic pay for level III of the Executive Schedule.
    (b) Functions.--Subject to the authority, direction, and control of 
the Secretary, the Under Secretary shall perform such functions and 
exercise such powers with respect to the Administration as the 
Secretary may prescribe, including the following:
            (1) Serve as the Administrator of the National Oceanic and 
        Atmospheric Administration.
            (2) General management.
            (3) Policy development and guidance.
            (4) Budget formulation, guidance, and execution, and other 
        financial matters.
            (5) Resource requirements determination and allocation.
            (6) Program management and direction.
            (7) Environment, safety, and health operations.
            (8) Administration of contracts.
            (9) Personnel, including the selection, appointment, 
        distribution, supervision, establishing of compensation, and 
        separation of personnel.
            (10) Procurement of services of experts and consultants in 
        accordance with section 3109 of title 5, United States Code.
            (11) External affairs, including legal, legislative, and 
        public affairs, and serving as liaison with other elements of 
        the Department of Commerce and with other Federal agencies, 
        State, tribal, and local governments, and the public.

SEC. 5. ASSISTANT SECRETARY FOR OCEANS AND ATMOSPHERE.

    (a) In General.--There shall be in the Administration an Assistant 
Secretary of Commerce for Oceans and Atmosphere. The Assistant 
Secretary shall be appointed by the President, by and with the advice 
and consent of the Senate. The Assistant Secretarty shall be paid at 
the rate of basic pay for level IV of the Executive Schedule.
    (b) Functions.--The Assistant Secretary--
            (1) shall perform such functions and exercise such powers 
        as the Secretary or Under Secretary may prescribe; and
            (2) shall act as Under Secretary during the absence or 
        disability of the Under Secretary or in the event of a vacancy 
        in the office of Under Secretary.

SEC. 6. DEPUTY UNDER SECRETARY.

    (a) In General.--There shall be in the Administration a Deputy 
Under Secretary for Oceans and Atmosphere. The Deputy Under Secretary 
shall be appointed by the Secretary. The Deputy Under Secretary shall 
be paid at the rate of basic pay for level IV of the Executive 
Schedule.
    (b) Functions.--Subject to the authority, direction, and control of 
the Secretary and the Under Secretary, the Deputy Under Secretary--
            (1) shall serve as an advisor to the Under Secretary and to 
        the Assistant Secretary on all program and policy issues;
            (2) shall be responsible for ensuring the timely and 
        effective implementation of the Administration policies and 
        objectives; and
            (3) in the absence or disability of the Under Secretary or 
        Assistant Secretary, or in the event of a vacancy in either 
        such position, the Deputy Under Secretary shall act in that 
        position.

SEC. 7. GENERAL COUNSEL.

    (a) In General.--There shall be in the Administration a General 
Counsel. The General Counsel shall be appointed by the Secretary, 
subject to approval of the President. The General Counsel shall be paid 
at the rate of basic pay for level V of the Executive Schedule.
    (b) Functions.--Subject to the authority, direction, and control of 
the Secretary and the Under Secretary, the General Counsel--
            (1) shall serve as the chief legal officer of the 
        Administration for all legal matters that arise in connection 
        with the conduct of the functions of the Administration; and
            (2) shall perform such other functions and exercise such 
        powers as the Secretary or Under Secretary may prescribe.

SEC. 8. ASSISTANT ADMINISTRATORS.

    (a) In General.--There shall be in the Administration the 
following:
            (1) An Assistant Administrator for Coastal and Ocean 
        Services.
            (2) An Assistant Administrator for Oceanic and Atmospheric 
        Research and Chief Scientist.
            (3) An Assistant Administrator for Fisheries.
            (4) An Assistant Administrator for Weather.
            (5) An Assistant Administrator for Environmental Satellite 
        Data and Information.
            (6) A Director of Marine and Aviation Operations and the 
        Commissioned Officer Corps.
    (b) Appointment.--Each Assistant Administrator and the Director 
referred to in subsection (a) shall be appointed by the Secretary.
    (c) Qualifications.--Each Assistant Administrator and the Director 
referred to in subsection (a) shall be an individual who is qualified 
by reason of background and experience to direct the implementation and 
administration of the functions for which they are responsible.
    (d) Functions.--Each Assistant Administrator and the Director 
referred to in subsection (a), under the authority, direction, and 
control of the Under Secretary, shall perform such functions and 
exercise such powers as the Under Secretary may prescribe.

SEC. 9. PROGRAM SUPPORT.

    For each fiscal year 2003 through 2007, there is authorized to be 
appropriated to the Secretary the following:
            (1) For corporate services provided by the Under 
        Secretary's office, $80,000,000.
            (2) For facilities maintenance, repairs, and safety, 
        $13,000,000.
            (3) For environmental compliance, in addition to amounts 
        authorized under section 3 of Public Law 104-91, $2,000,000.
            (4) For energy management, $550,000.
            (5) For marine services, $75,000,000.
            (6) For fleet planning and maintenance, $13,027,000.

SEC. 10. CONTINUATION OF SERVICE.

    Any individual serving on the date of the enactment of this Act in 
a position provided for in this Act may continue to serve in that 
position until a successor is appointed under this Act.

SEC. 11. CONFORMING AMENDMENTS AND REPEALS.

    (a) Pay Rate of Deputy Under Secretary.--Section 5315 of title 5, 
United States Code, is amended by adding at the end the following:
            ``Deputy Under Secretary of Commerce for Oceans and 
        Atmosphere.''.
    (b) Reorganization Plan Number 4 of 1970.--
            (1) Repeal.--Reorganization Plan Number 4 of 1970 (5 App. 
        U.S.C.) is repealed.
            (2) Relationship to administration functions.--Paragraph 
        (1) shall not affect the functions of the Administration under 
        section 3(d).
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