[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4607 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4607
To establish the National Oceanic and Atmospheric Administration
(NOAA), to amend the organization and functions of the NOAA Advisory
Committee on Oceans and Atmosphere, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 17, 2004
Mr. Ehlers (for himself and Mr. Gilchrest) (both by request) 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 establish the National Oceanic and Atmospheric Administration
(NOAA), to amend the organization and functions of the NOAA Advisory
Committee on Oceans and Atmosphere, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ORGANIC ACT OF
2004
SECTION 101. SHORT TITLE.
This Act may be cited as the ``National Oceanic and Atmospheric
Administration Organic Act of 2004''.
SEC. 102. ESTABLISHMENT.
There is established within the Department of Commerce, the
National Oceanic and Atmospheric Administration.
SEC. 103. DEFINITIONS.
As used in this Act:
(1) The terms ``NOAA'' and ``Administration'' mean the
National Oceanic and Atmospheric Administration established by
section 102.
(2) The term ``Secretary'' means the Secretary of Commerce.
(3) The terms ``Under Secretary'' or ``Administrator'' mean
the Under Secretary of Commerce for Oceans and Atmosphere and
Administrator of the National Oceanic and Atmospheric
Administration.
(4) The terms ``Assistant Secretary'' or ``Deputy
Administrator'' mean the Assistant Secretary of Commerce for
Oceans and Atmosphere and Deputy Administrator of the National
Oceanic and Atmospheric Administration.
SEC. 104. POSITIONS.
(a) Under Secretary.--There shall be within NOAA an Under Secretary
of Commerce for Oceans and Atmosphere and Administrator of the National
Oceanic and Atmospheric Administration appointed by the President by
and with the advice and consent of the Senate. Subject to the authority
of the Secretary of Commerce, the Under Secretary shall be the head of
NOAA and shall have authority, direction and control of NOAA. Any
authority, power or function vested by law in NOAA, or any officer,
employee or part of NOAA, is vested in, and may be exercised by, the
Under Secretary. The Under Secretary may, without being relieved of the
Under Secretary's responsibility, perform any of the Under Secretary's
functions or duties, or exercise any of the Under Secretary's powers
through, or with the aid of, such persons in, or organizations of, NOAA
as the Under Secretary may designate.
(b) Assistant Secretary.--There shall be within NOAA an Assistant
Secretary of Commerce for Oceans and Atmosphere and Deputy
Administrator of the National Oceanic and Atmospheric Administration.
The Assistant Secretary shall be appointed by the President, by and
with the advice and consent of the Senate. The Assistant Secretary
shall perform such functions as the Under Secretary may prescribe. The
Assistant Secretary shall perform the functions of the Under Secretary
during the disability of the Under Secretary or when the office of
Under Secretary is vacant.
(c) Deputy Under Secretary.--There shall be within NOAA a Deputy
Under Secretary of Commerce for Oceans and Atmosphere appointed in the
Senior Executive Service, without regard to limitations under section
3133 of Title 5, United States Code, by the Secretary. The Deputy Under
Secretary shall perform the functions of the Assistant Secretary during
the disability of the Assistant Secretary or when the office of
Assistant Secretary is vacant.
(d) Establishment of Additional Positions.--To carry out the
functions of NOAA assigned by law, and consistent with applicable law
including title II of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (Public Law 107-
372), the Under Secretary may establish positions within NOAA and
prescribe the authorities and duties of such positions.
SEC. 105. PURPOSES AND AUTHORITIES.
(a) Purposes.--NOAA's purposes shall be to:
(1) observe, assess and predict the status of and changes
in ocean, coastal, and Great Lakes ecosystems, and in the
atmosphere, including the near-space environment;
(2) manage, protect and restore the Nation's ocean, coastal
and Great Lakes areas, living and nonliving marine resources,
including fisheries, and vulnerable species and habitats,
including ecosystem approaches;
(3) collect, store, analyze and provide reliable scientific
data and information through means including research,
observations (in-situ and remotely sensed), forecasts and
assessments relating to weather (including space weather),
climate, air quality, water, marine resources and ecosystems
that can be used as a basis for sound management and public
safety decisions;
(4) protect lives and property and expand economic
opportunities; and
(5) pursue its purposes complementary to, and in
partnership with, Federal agencies, instrumentalities and
laboratories; State and local governments; Native American
tribes and organizations; international organizations; foreign
governments; educational institutions; nonprofit organizations;
commercial organizations; and other public and private persons
or entities, as appropriate.
(b) Basic Authorities.--In addition to any other authority provided
to the Under Secretary by law or by delegation from the Secretary, the
Under Secretary shall have the following authorities with respect to
NOAA and the implementation of this Act:
(1) Authorities that were, immediately prior to the
enactment of this Act, vested by law, including under
Reorganization Plan No. 4 of 1970 (5 U.S.C. App. 1), in NOAA,
or in the Secretary with respect to NOAA.
(2) Authority to promulgate rules and regulations as
necessary or appropriate.
(3) Without regard to section 3324(a) and (b) of Title 31,
authority to enter into and perform such contracts, leases,
grants, cooperative agreements, or other transactions (without
regard to 31 U.S.C. 6301 et seq.), as may be necessary to carry
out NOAA's purposes and authorities, on terms it deems
appropriate, with Federal agencies, instrumentalities and
laboratories; State and local governments; Native American
tribes and organizations; international organizations; foreign
governments; educational institutions; nonprofit organizations;
commercial organizations; and other public and private persons
or entities.
(4) Authority to accept from any source, hold, administer,
invest, dispose of and utilize gifts, bequests, or devises of
services, money, securities or property (whether real,
personal, intellectual or of any other kind) or any interest
therein, and the income therefrom or the proceeds upon
disposition thereof, without regard to section 1342 of Title
31, United States Code, and such money, income or proceeds
shall be available to NOAA for obligation and expenditure to
carry out the purposes of NOAA under this Act.
(5) Authority to use, with their consent, and with or
without reimbursement, the services, equipment, personnel, and
facilities of: Federal agencies, instrumentalities and
laboratories; State and local governments; Native American
tribes and organizations; international organizations; foreign
governments; educational institutions; nonprofit organizations;
commercial organizations; and other public and private persons
or entities.
(6) Authority to disseminate information and conduct
education and outreach in direct support of the purposes
outlined under section 105(a).
(7) Authority to--
(A) acquire (by purchase, lease, or otherwise),
lease, invest, sell, dispose of or convey services,
money, securities or property (whether real, personal,
intellectual or of any other kind) or interest therein;
and
(B) construct, improve, repair, operate, maintain
and dispose of real or personal property, including but
not limited to buildings, facilities, and land.
(8) Authority to--
(A) purchase or hire passenger motor vehicles as
necessary for the implementation of this Act;
(B) procure the services of experts or consultants
(or of organizations of experts or consultants) as
described in and in accordance with the first two
sentences of section 3109(b) of Title 5, and, when
determined necessary by the Under Secretary, without
regard to the time limitation in the first sentence of
section 3109(b), at respective daily rates of pay for
individuals which are not more than the daily
equivalent of the rate of basic pay then currently paid
for Level III of the Executive Schedule of section 5313
of Title 5, and pay in connection with such services
travel expenses of individuals, including
transportation and per diem in lieu of subsistence
while such individuals are traveling from their homes
or places of business to official duty stations and
return as may be authorized by law;
(C) install, repair, and maintain telephones and
telephone wiring and pay telephone service tolls or
other charges with respect to residences owned or
leased by the United States Government and, to the
extent necessary to implement this Act, other private
residences, without regard to section 1348 of Title 31,
United States Code; and
(D) expend appropriations for official reception
and representation.
(c) Protection Against Misuse of Name, Initials and Seal.--
(1) No person may, except with the written permission of
the Under Secretary, knowingly use the words ``National Oceanic
and Atmospheric Administration'', the initials ``NOAA'', the
seal of NOAA, or the name, acronym or seal of any component or
program of NOAA, or any colorable imitation of such words,
initials, or seal in connection with any merchandise,
impersonation, solicitation, or commercial activity in a manner
reasonably calculated to convey the impression that such use is
approved, endorsed, or authorized by NOAA, or is likely to
cause confusion as to the source or origin of goods or services
provided therewith.
(2) Whenever it appears to the Attorney General that any
person is engaged or is about to engage in an act or practice
which constitutes or will constitute conduct prohibited by
subparagraph (1), the Attorney General may initiate a civil
proceeding in a district court of the United States to enjoin
such act or practice. Such court shall proceed as soon as
practicable to the hearing and determination of such action and
may, at any time before final determination, enter such
restraining orders or prohibitions, or take such other action
as is warranted, to prevent injury to the United States or to
any person or class of persons for whose protection the action
is brought.
SEC. 106. CONFORMING AMENDMENTS, REPEALS AND TRANSITION.
(a) The Reorganization Plan No. 4 of 1970 (5 U.S.C. App. 1) is
repealed.
(b) Any reference, in any law, rule, regulation, directive, or
instruction, or certificate or other official document, in force
immediately prior to enactment of this Act--
(1) to the National Oceanic and Atmospheric Administration
shall be deemed to refer and apply to the National Oceanic and
Atmospheric Administration established by section 102 of this
Act;
(2) to the Under Secretary of Commerce for Oceans and
Atmosphere, or to the Administrator of the National Oceanic and
Atmospheric Administration, shall be deemed to refer and apply
to the Under Secretary of Commerce for Oceans and Atmosphere
and Administrator of the National Oceanic and Atmospheric
Administration to whom subsection 104(a) of this Act refers;
and
(3) to any other position in NOAA shall be deemed to refer
and apply to that same position in the National Oceanic and
Atmospheric Administration established by section 102 of this
Act.
(c) Subsections 407(a) and 407(b) of Public Law 99-659 (15 U.S.C.
1503b and 1507c) are repealed.
(d) Conforming Amendments to Executive Schedule.--Title 5 of the
United States Code is amended--
(1) in section 5314, by striking ``Under Secretary of
Commerce for Oceans and Atmosphere, the incumbent of which also
serves as Administrator of the National Oceanic and Atmospheric
Administration.'' and inserting in lieu thereof ``Under
Secretary of Commerce for Oceans and Atmosphere and
Administrator of the National Oceanic and Atmospheric
Administration.''; and
(2) in section 5315, by striking ``Assistant Secretary of
Commerce for Oceans and Atmosphere, the incumbent of which also
serves as Deputy Administrator of the National Oceanic and
Atmospheric Administration.'' and inserting in lieu thereof
``Assistant Secretary of Commerce for Oceans and Atmosphere and
Deputy Administrator of the National Oceanic and Atmospheric
Administration.''.
(e) Transition; Initial Appointments.--Notwithstanding any
provision in subsections 104(a) and (b) of this Act to the contrary,
the first individual appointed to the position of Under Secretary, and
the first individual appointed to the position of Assistant Secretary,
shall be appointed by the President alone.
SEC. 107. SAVINGS PROVISION.
All rules and regulations, determinations, standards, contracts,
certifications, authorizations, appointments, delegations, results and
findings of investigations, or other actions duly issued, made, or
taken by or pursuant to or under the authority of any statute which
resulted in the assignment of functions or activities to the Secretary,
the Department of Commerce, the Under Secretary, or any other official
of NOAA, as are in effect immediately before enactment of this Act
shall continue in full force and effect after enactment of this Act
until modified or rescinded.
SEC. 108. NO EFFECT ON OTHER AUTHORITIES.
This Act does not amend or alter the provisions of other
applicable acts unless otherwise noted. Nothing in this Act shall
derogate from the duties and functions of any other agency or otherwise
alter current authorities relating to those agencies.
TITLE II--NOAA ADVISORY COMMITTEE ON OCEANS AND ATMOSPHERE
SEC. 201. AMENDMENTS.
Sections 2 through 8 of the National Advisory Committee on Oceans
and Atmosphere Act of 1977 (Public Law 95-63, as amended, 33 U.S.C.
857-13 through 857-18) are amended as follows:
(1) In section 2 (33 U.S.C. 857-13), delete the phrase ``18
members to be''.
(2) Subsection 3(a) (33 U.S.C. 857-14(a)) is amended to
read as follows:
``(a) Appointment and Qualifications.--
``(1) The members of the Committee, who may not be full-
time officers or employees of the United States, shall be
appointed by the Under Secretary of Commerce for Oceans and
Atmosphere (hereinafter the Under Secretary). Members shall be
appointed only from among individuals who are eminently
qualified by way of knowledge and expertise in one or more of
the purposes of the National Oceanic and Atmospheric
Administration.
``(2) The Under Secretary shall appoint, as original
members, any current members of the National Oceanic and
Atmospheric Administration Science Advisory Board who wish to
serve in such capacity, together with any additional qualified
individuals necessary to fulfill the purposes of the
Committee.''.
(3) Subsection 3(b) (33 U.S.C. 857-14(b)) is revised to
read as follows:
``(b) Terms.--
``(1) The term of office of a member of the Committee shall
be 3 years; except that initial terms of the original
appointees shall be staggered to assure continuity of
administration.
``(2) Any individual appointed to fill a vacancy occurring
before the expiration of the term for which his or her
predecessor was appointed shall be appointed for the remainder
of such term. No individual may serve for more than two
consecutive three-year terms. A member may serve after the date
of the expiration of the term of office for which appointed
until his or her successor has taken office.''.
(4) In subsection 3(c) (33 U.S.C. 857-14(c)), delete
``President'' and insert in lieu thereof ``Under Secretary''.
(5) Subsection 3(d) (33 U.S.C. 857-14(d)) is revised to
read as follows:
``(d) Duties.--The Committee shall advise the Under Secretary with
respect to the programs administered by the National Oceanic and
Atmospheric Administration.''.
(6) Delete sections 4 and 6 (33 U.S.C. 857-15 and 857-17,
respectively), and renumber the remaining sections accordingly.
In new section 4, delete ``for a GS-18'' and insert in lieu
thereof ``provided for Level IV of the Executive Schedule Pay
Rates''.
(7) By striking ``National Advisory Committee on Oceans and
Atmosphere'' wherever that term may appear in sections 2
through 8 of the National Advisory Committee on Oceans and
Atmosphere Act of 1977 (Public Law 95-63, an amended, 33 U.S.C.
857-13 through 857-18) and substitute in lieu thereof ``NOAA
Advisory Committee on Oceans and Atmosphere''.
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