[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 984 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 984

    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

                           February 27, 2003

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 of 2003''.

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 and the Great Lakes.
            (4) To further human understanding of--
                    (A) the oceans and the Great Lakes;
                    (B) the earth's atmosphere; and
                    (C) the functional relationship of the oceans and 
                the atmosphere.
            (5) Forecasting the Nation's weather and climate.
    (c) Components.--The Secretary shall maintain within the 
Administration the following components:
            (1) The National Coast 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, real property, and 
        facilities.
            (9) Personnel, including the selection, appointment, 
        distribution, supervision, 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 Secretary 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 position of Deputy Under 
Secretary shall be a Senior Executive Service general position as 
defined in section 3132(a)(9) of title 5, United States Code, (for 
purposes of subchapter II of chapter 31 of title 5, United States 
Code).
    (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, 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. The 
position of General Counsel shall be a Senior Executive Service general 
position as defined in section 3132(a)(9) of title 5, United States 
Code, (for purposes of subchapter II of chapter 31 of title 5, United 
States Code).
    (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.
            (3) An Assistant Administrator for Fisheries.
            (4) An Assistant Administrator for Weather.
            (5) An Assistant Administrator for Environmental Satellite 
        Data and Information.
            (6) An Assistant Administrator for Program Planning and 
        Integration.
            (7) 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. Each 
Assistant Administrator position shall be a Senior Executive Service 
general position as defined in section 3132(a)(9) of title 5, United 
States Code (for purposes of subchapter II of chapter 31 of title 5, 
United States Code).
    (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. 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. 10. SCIENCE ADVISORY BOARD.

    (a) In General.--There shall be in the Administration a Science 
Advisory Board, which shall report to the Under Secretary.
    (b) Purpose.--The purpose of the Science Advisory Board is to 
advise the Under Secretary on long-range and short-range strategies for 
research, education, and application of science to resource management 
and environmental assessment and prediction.
    (c) Members.--
            (1) In general.--The Science Advisory Board shall consist 
        of members appointed by the Under Secretary to assure a 
        balanced representation among preeminent scientists, engineers, 
        educators, industry, and science policy experts reflecting the 
        full breadth of the Administration's areas of responsibility.
            (2) Criteria for selection.--The Under Secretary shall 
        develop and apply standard criteria for the selection of 
        members of the Science Advisory Board. -
            (3) Terms.--(A) Members of the Science Advisory Board shall 
        be appointed for a 3-year term, may be reappointed once, and 
        shall serve at the discretion of the Under Secretary.
            (B) An individual serving a term as a member of the Science 
        Advisory Board on the date of enactment of this section may 
        complete that term, and may be reappointed once for another 
        term of 3 years.
            (4) Compensation and expenses.--A member of the Science 
        Advisory Board shall not be compensated for service on such 
        board, but upon request by the member may be allowed travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with subchapter I of chapter 57 of title 5, United 
        States Code.
            (5) Ethical standards.--Members of the Science Advisory 
        Board shall be subject to the ethical standards applicable to 
        special Government employees.
    (d) Chairperson.--The Under Secretary shall designate one of the 
members of the Science Advisory Board as the Chairperson of such board.
    (e) Meetings.--The Science Advisory Board shall meet at least twice 
each year, and at other times at the call of the Under Secretary or the 
Chairperson.
    (f) Administrative Support.--The Under Secretary shall provide 
administrative support to the Science Advisory Board.

SEC. 11. GENERAL AUTHORITIES.

    (a) Grants, Contracts, and Cooperative Agreements.--In carrying out 
the programs and activities authorized for the Administration, the 
Secretary--
            (1) may enter into grants, contracts, or cooperative 
        agreements with Federal agencies, States, local governments, 
regional agencies, interstate agencies, or other persons; and
            (2) through the Administration, may apply for, accept, and 
        use grants or funds from such entities.
    (b) Resource Sharing Agreements.--The Secretary, in carrying out 
the functions of the Administration, and under terms and conditions 
established by the Secretary--
            (1) may enter into resource sharing agreements with States, 
        local governments, or Federal agencies to accept or provide for 
        funds and the use of personnel, services, equipment, or 
        facilities on a reimbursable, nonreimbursable, or shared basis; 
        and
            (2) may enter into resource sharing agreements with other 
        Federal agencies to accept, or provide, personnel, services, 
        equipment, facilities, or funds, or participate in interagency 
        financing with other Federal agencies, to the extent necessary 
        to fulfill the objectives of programs or activities of the 
        Administration.
    (c) Joint and Cooperative Institutes.--The Secretary may establish, 
by cooperative agreement, joint or cooperative institutes with 
qualified colleges, universities, and nonprofit research organizations 
for the purpose of collaborating on mutually agreed-upon, long-term 
research programs in the areas of oceanography, coastal ocean observing 
technology, climate change, atmosphere, meteorology, marine, coastal 
and estuarine environmental technology, fisheries, hydrography, and 
marine spill response. The Secretary shall design such research 
programs to support the authorized functions of the Administration. The 
Secretary may accept or provide facilities, personnel, equipment, other 
property, knowledge, and other scientific research resources and funds 
on a reimbursable or nonreimbursable basis, as determined by the 
Secretary, for such institutes.

SEC. 12. PROGRAM SUPPORT.

    (a) Corporate Services.--There are authorized to be appropriated to 
the Secretary of Commerce, to enable the National Oceanic and 
Atmospheric Administration to provide corporate services (including 
management, administrative support, and policy development) that 
support its program activities, $95,000,000 for each of fiscal years 
2004 through 2008.
    (b) Marine Operations and Maintenance.--There are authorized to be 
appropriated to the Secretary of Commerce, to enable the National 
Oceanic and Atmospheric Administration to carry out marine services 
activities (including ship operations, maintenance, support and 
planning) under the Act of 1947 and any other law involving those 
activities, $90,000,000 for each of fiscal years 2004 through 2008.
    (c) Facilities.--In addition to amounts authorized under section 3 
of Public Law 104-91, there are authorized to the Secretary of 
Commerce, to enable the National Oceanic and Atmospheric Administration 
to carry out activities related to maintenance, repair, safety, 
environmental compliance, and project planning and execution of 
facilities, $20,000,000 for each of fiscal years 2004 through 2008.

SEC. 13. NOAA FLEET REPLACEMENT AND MODERNIZATION.

    (a) In General.--Section 603 of the NOAA Fleet Modernization Act 
(33 U.S.C. 891a) is amended to read as follows:

``SEC. 603. FLEET REPLACEMENT AND MODERNIZATION PROGRAM.

    ``(a) In General.--The Secretary may implement a program to replace 
and modernize the NOAA fleet in accordance with a plan submitted in 
accordance with section 604.
    ``(b) NOAA Vessel Construction.--
            ``(1) Prohibition on foreign construction.--Except as 
        provided in paragraph (2), no NOAA vessel, and no major 
        component of the hull  or superstructure of a NOAA vessel, may 
be constructed in a foreign shipyard.
            ``(2) Exceptions.--The President may authorize an exception 
        to the prohibition in paragraph (1) if the President determines 
        that it is in the national security interest of the United 
        States to do so. The President shall transmit notice to the 
        Congress of any such determination. No contract may be made 
        pursuant to such an exception until the end of the 30-day 
        period beginning on the date the notice of such determination 
        is received by the Congress.''.
    (b) Fleet Modernization Plan.--Section 604 of the NOAA Fleet 
Modernization Act (33 U.S.C. 891b) is amended to read as follows:

``SEC. 604. FLEET MODERNIZATION PLAN.

    ``(a) In General.--No later than 30 days after the date of the 
enactment of the National Oceanic and Atmospheric Administration Act of 
2003, the Secretary shall submit to the Committee on Resources and the 
Committee on Science of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a modernization 
plan for the NOAA fleet covering fiscal years 2004 through 2008.
    ``(b) Plan Elements.--The Plan required under subsection (a) shall 
include the following:
            ``(1) The number of vessels proposed to be modernized or 
        replaced, the schedule for their modernization or replacement, 
        and anticipated funding requirements for such modernization and 
        replacement.
            ``(2) The number of vessels proposed to be constructed, 
        leased, or chartered.
            ``(3) The number of vessels, or days at sea, that can be 
        obtained by using the vessels of the UNOLS.
            ``(4) The number of vessels that will be made available to 
        NOAA by the Secretary of the Navy, or any other Federal 
        official, and the terms and conditions for their availability.
            ``(5) The proposed acquisition of modern scientific 
        instrumentation for the NOAA fleet, including--
                    ``(A) acoustic systems;
                    ``(B) data transmission positioning and 
                communications systems;
                    ``(C) physical, chemical, and meteorological 
                oceanographic systems; and
                    ``(D) data acquisition and processing systems.''.
    (c) Use of UNOLS Vessels.--Section 605 of the NOAA Fleet 
Modernization Act (33 U.S.C. 891c) is amended to read as follows:

``SEC. 605. USE OF VESSELS.

    ``In carrying out the primary missions of NOAA under section 3(b) 
of the National Oceanic and Atmospheric Administration Act of 2003, the 
Secretary--
            ``(1) shall use excess capacity of UNOLS vessels where 
        appropriate; and
            ``(2) may enter into memoranda of agreement with the 
        operators of those vessels to carry out the requirement under 
        paragraph (1).''.
    (d) Repeals.--Sections 607, 608, 609 and 610 of the NOAA Fleet 
Modernization Act (33 U.S.C. 891e-891h) are repealed.

SEC. 14. 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.--Subparagraph 
        (A) shall not affect the functions of the Administration under 
        section 3(d) of this Act.
            (3) Notice of reprogramming.--Section 403 of Public Law 
        102-567 (106 Stat. 4291) is amended by striking ``$250,000 or 
        5'' and inserting ``$500,000 or 10''.
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