[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''.
                                 <all>