I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 TITLE I—NATIONAL OCEANIC 

2 AND ATMOSPHERIC ADMINIS3 TRATION ORGANIC ACT OF 

4 2004 

5 SECTION 101. SHORT TITLE. 

6 This Act may be cited as the ‘‘National Oceanic and 

7 Atmospheric Administration Organic Act of 2004’’. 

8 SEC. 102. ESTABLISHMENT. 

9 There is established within the Department of Com10 merce, the National Oceanic and Atmospheric Administra11 tion. 

12 SEC. 103. DEFINITIONS. 

13 As used in this Act: 

14 (1) The terms ‘‘NOAA’’ and ‘‘Administration’’ 

15 mean the National Oceanic and Atmospheric Admin16 istration established by section 102. 

17 (2) The term ‘‘Secretary’’ means the Secretary 

18 of Commerce. 

19 (3) The terms ‘‘Under Secretary’’ or ‘‘Adminis20 trator’’ mean the Under Secretary of Commerce for 

21 Oceans and Atmosphere and Administrator of the 

22 National Oceanic and Atmospheric Administration. 

23 (4) The terms ‘‘Assistant Secretary’’ or ‘‘Dep24 uty Administrator’’ mean the Assistant Secretary of 

25 Commerce for Oceans and Atmosphere and Deputy 
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1 Administrator of the National Oceanic and Atmos2 pheric Administration. 

3 SEC. 104. POSITIONS. 

4 (a) UNDER SECRETARY.—There shall be within 

5 NOAA an Under Secretary of Commerce for Oceans and 

6 Atmosphere and Administrator of the National Oceanic 

7 and Atmospheric Administration appointed by the Presi8 dent by and with the advice and consent of the Senate. 

9 Subject to the authority of the Secretary of Commerce, 

10 the Under Secretary shall be the head of NOAA and shall 

11 have authority, direction and control of NOAA. Any au12 thority, power or function vested by law in NOAA, or any 

13 officer, employee or part of NOAA, is vested in, and may 

14 be exercised by, the Under Secretary. The Under Sec15 retary may, without being relieved of the Under Sec16 retary’s responsibility, perform any of the Under Sec17 retary’s functions or duties, or exercise any of the Under 

18 Secretary’s powers through, or with the aid of, such per19 sons in, or organizations of, NOAA as the Under Sec20 retary may designate. 

21 (b) ASSISTANT SECRETARY.—There shall be within 

22 NOAA an Assistant Secretary of Commerce for Oceans 

23 and Atmosphere and Deputy Administrator of the Na24 tional Oceanic and Atmospheric Administration. The As25 sistant Secretary shall be appointed by the President, by 
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1 and with the advice and consent of the Senate. The Assist2 ant Secretary shall perform such functions as the Under 

3 Secretary may prescribe. The Assistant Secretary shall 

4 perform the functions of the Under Secretary during the 

5 disability of the Under Secretary or when the office of 

6 Under Secretary is vacant. 

7 (c) DEPUTY UNDER SECRETARY.—There shall be 

8 within NOAA a Deputy Under Secretary of Commerce for 

9 Oceans and Atmosphere appointed in the Senior Executive 

10 Service, without regard to limitations under section 3133 

11 of Title 5, United States Code, by the Secretary. The Dep12 uty Under Secretary shall perform the functions of the 

13 Assistant Secretary during the disability of the Assistant 

14 Secretary or when the office of Assistant Secretary is va15 cant. 

16 (d) ESTABLISHMENT OF ADDITIONAL POSITIONS.— 

17 To carry out the functions of NOAA assigned by law, and 

18 consistent with applicable law including title II of the Na19 tional Oceanic and Atmospheric Administration Commis20 sioned Officer Corps Act of 2002 (Public Law 107–372), 

21 the Under Secretary may establish positions within NOAA 

22 and prescribe the authorities and duties of such positions. 

23 SEC. 105. PURPOSES AND AUTHORITIES. 

24 (a) PURPOSES.—NOAA’s purposes shall be to: 
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1 (1) observe, assess and predict the status of 

2 and changes in ocean, coastal, and Great Lakes eco3 systems, and in the atmosphere, including the near4 space environment; 

5 (2) manage, protect and restore the Nation’s 

6 ocean, coastal and Great Lakes areas, living and 

7 nonliving marine resources, including fisheries, and 

8 vulnerable species and habitats, including ecosystem 

9 approaches; 

10 (3) collect, store, analyze and provide reliable 

11 scientific data and information through means in12 cluding research, observations (in-situ and remotely 

13 sensed), forecasts and assessments relating to 

14 weather (including space weather), climate, air qual15 ity, water, marine resources and ecosystems that can 

16 be used as a basis for sound management and public 

17 safety decisions; 

18 (4) protect lives and property and expand eco19 nomic opportunities; and 

20 (5) pursue its purposes complementary to, and 

21 in partnership with, Federal agencies, instrumental22 ities and laboratories; State and local governments; 

23 Native American tribes and organizations; inter24 national organizations; foreign governments; edu25 cational institutions; nonprofit organizations; com-
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1 mercial organizations; and other public and private 

2 persons or entities, as appropriate. 

3 (b) BASIC AUTHORITIES.—In addition to any other 

4 authority provided to the Under Secretary by law or by 

5 delegation from the Secretary, the Under Secretary shall 

6 have the following authorities with respect to NOAA and 

7 the implementation of this Act: 

8 (1) Authorities that were, immediately prior to 

9 the enactment of this Act, vested by law, including 

10 under Reorganization Plan No. 4 of 1970 (5 U.S.C. 

11 App. 1), in NOAA, or in the Secretary with respect 

12 to NOAA. 

13 (2) Authority to promulgate rules and regula14 tions as necessary or appropriate. 

15 (3) Without regard to section 3324(a) and (b) 

16 of Title 31, authority to enter into and perform such 

17 contracts, leases, grants, cooperative agreements, or 

18 other transactions (without regard to 31 U.S.C. 

19 6301 et seq.), as may be necessary to carry out 

20 NOAA’s purposes and authorities, on terms it deems 

21 appropriate, with Federal agencies, instrumentalities 

22 and laboratories; State and local governments; Na23 tive American tribes and organizations; international 

24 organizations; foreign governments; educational in25 stitutions; nonprofit organizations; commercial orga-
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1 nizations; and other public and private persons or 

2 entities. 

3 (4) Authority to accept from any source, hold, 

4 administer, invest, dispose of and utilize gifts, be5 quests, or devises of services, money, securities or 

6 property (whether real, personal, intellectual or of 

7 any other kind) or any interest therein, and the in8 come therefrom or the proceeds upon disposition 

9 thereof, without regard to section 1342 of Title 31, 

10 United States Code, and such money, income or pro11 ceeds shall be available to NOAA for obligation and 

12 expenditure to carry out the purposes of NOAA 

13 under this Act. 

14 (5) Authority to use, with their consent, and 

15 with or without reimbursement, the services, equip16 ment, personnel, and facilities of: Federal agencies, 

17 instrumentalities and laboratories; State and local 

18 governments; Native American tribes and organiza19 tions; international organizations; foreign govern20 ments; educational institutions; nonprofit organiza21 tions; commercial organizations; and other public 

22 and private persons or entities. 

23 (6) Authority to disseminate information and 

24 conduct education and outreach in direct support of 

25 the purposes outlined under section 105(a). 
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1 (7) Authority to— 

2 (A) acquire (by purchase, lease, or other3 wise), lease, invest, sell, dispose of or convey 

4 services, money, securities or property (whether 

5 real, personal, intellectual or of any other kind) 

6 or interest therein; and 

7 (B) construct, improve, repair, operate, 

8 maintain and dispose of real or personal prop9 erty, including but not limited to buildings, fa10 cilities, and land. 

11 (8) Authority to— 

12 (A) purchase or hire passenger motor vehi13 cles as necessary for the implementation of this 

14 Act; 

15 (B) procure the services of experts or con16 sultants (or of organizations of experts or con17 sultants) as described in and in accordance with 

18 the first two sentences of section 3109(b) of 

19 Title 5, and, when determined necessary by the 

20 Under Secretary, without regard to the time 

21 limitation in the first sentence of section 

22 3109(b), at respective daily rates of pay for in23 dividuals which are not more than the daily 

24 equivalent of the rate of basic pay then cur25 rently paid for Level III of the Executive 
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1 Schedule of section 5313 of Title 5, and pay in 

2 connection with such services travel expenses of 

3 individuals, including transportation and per 

4 diem in lieu of subsistence while such individ5 uals are traveling from their homes or places of 

6 business to official duty stations and return as 

7 may be authorized by law; 

8 (C) install, repair, and maintain telephones 

9 and telephone wiring and pay telephone service 

10 tolls or other charges with respect to residences 

11 owned or leased by the United States Govern12 ment and, to the extent necessary to implement 

13 this Act, other private residences, without re14 gard to section 1348 of Title 31, United States 

15 Code; and 

16 (D) expend appropriations for official re17 ception and representation. 

18 (c) PROTECTION AGAINST MISUSE OF NAME, INI19 TIALS AND SEAL.— 

20 (1) No person may, except with the written per21 mission of the Under Secretary, knowingly use the 

22 words ‘‘National Oceanic and Atmospheric Adminis23 tration’’, the initials ‘‘NOAA’’, the seal of NOAA, or 

24 the name, acronym or seal of any component or pro25 gram of NOAA, or any colorable imitation of such 
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1 words, initials, or seal in connection with any mer2 chandise, impersonation, solicitation, or commercial 

3 activity in a manner reasonably calculated to convey 

4 the impression that such use is approved, endorsed, 

5 or authorized by NOAA, or is likely to cause confu6 sion as to the source or origin of goods or services 

7 provided therewith. 

8 (2) Whenever it appears to the Attorney Gen9 eral that any person is engaged or is about to en10 gage in an act or practice which constitutes or will 

11 constitute conduct prohibited by subparagraph (1), 

12 the Attorney General may initiate a civil proceeding 

13 in a district court of the United States to enjoin 

14 such act or practice. Such court shall proceed as 

15 soon as practicable to the hearing and determination 

16 of such action and may, at any time before final de17 termination, enter such restraining orders or prohi18 bitions, or take such other action as is warranted, to 

19 prevent injury to the United States or to any person 

20 or class of persons for whose protection the action 

21 is brought. 

22 SEC. 106. CONFORMING AMENDMENTS, REPEALS AND 

23 TRANSITION. 

24 (a) The Reorganization Plan No. 4 of 1970 (5 U.S.C. 

25 App. 1) is repealed. 
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1 (b) Any reference, in any law, rule, regulation, direc2 tive, or instruction, or certificate or other official docu3 ment, in force immediately prior to enactment of this 

4 Act— 

5 (1) to the National Oceanic and Atmospheric 

6 Administration shall be deemed to refer and apply to 

7 the National Oceanic and Atmospheric Administra8 tion established by section 102 of this Act; 

9 (2) to the Under Secretary of Commerce for 

10 Oceans and Atmosphere, or to the Administrator of 

11 the National Oceanic and Atmospheric Administra12 tion, shall be deemed to refer and apply to the 

13 Under Secretary of Commerce for Oceans and At14 mosphere and Administrator of the National Oceanic 

15 and Atmospheric Administration to whom subsection 

16 104(a) of this Act refers; and 

17 (3) to any other position in NOAA shall be 

18 deemed to refer and apply to that same position in 

19 the National Oceanic and Atmospheric Administra20 tion established by section 102 of this Act. 

21 (c) Subsections 407(a) and 407(b) of Public Law 99– 

22 659 (15 U.S.C. 1503b and 1507c) are repealed. 

23 (d) CONFORMING AMENDMENTS TO EXECUTIVE

24 SCHEDULE.—Title 5 of the United States Code is amend25 ed— 
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1 (1) in section 5314, by striking ‘‘Under Sec2 retary of Commerce for Oceans and Atmosphere, the 

3 incumbent of which also serves as Administrator of 

4 the National Oceanic and Atmospheric Administra5 tion.’’ and inserting in lieu thereof ‘‘Under Secretary 

6 of Commerce for Oceans and Atmosphere and Ad7 ministrator of the National Oceanic and Atmos8 pheric Administration.’’; and 

9 (2) in section 5315, by striking ‘‘Assistant Sec10 retary of Commerce for Oceans and Atmosphere, the 

11 incumbent of which also serves as Deputy Adminis12 trator of the National Oceanic and Atmospheric Ad13 ministration.’’ and inserting in lieu thereof ‘‘Assist14 ant Secretary of Commerce for Oceans and Atmos15 phere and Deputy Administrator of the National 

16 Oceanic and Atmospheric Administration.’’. 

17 (e) TRANSITION; INITIAL APPOINTMENTS.—Notwith18 standing any provision in subsections 104(a) and (b) of 

19 this Act to the contrary, the first individual appointed to 

20 the position of Under Secretary, and the first individual 

21 appointed to the position of Assistant Secretary, shall be 

22 appointed by the President alone. 

23 SEC. 107. SAVINGS PROVISION. 

24 All rules and regulations, determinations, standards, 

25 contracts, certifications, authorizations, appointments, 
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1 delegations, results and findings of investigations, or other 

2 actions duly issued, made, or taken by or pursuant to or 

3 under the authority of any statute which resulted in the 

4 assignment of functions or activities to the Secretary, the 

5 Department of Commerce, the Under Secretary, or any 

6 other official of NOAA, as are in effect immediately before 

7 enactment of this Act shall continue in full force and effect 

8 after enactment of this Act until modified or rescinded. 

9 SEC. 108. NO EFFECT ON OTHER AUTHORITIES. 

10 This Act does not amend or alter the provisions of 

11 other applicable acts unless otherwise noted. Nothing in 

12 this Act shall derogate from the duties and functions of 

13 any other agency or otherwise alter current authorities re14 lating to those agencies. 

15 TITLE II—NOAA ADVISORY COM16 MITTEE ON OCEANS AND AT17 MOSPHERE 

18 SEC. 201. AMENDMENTS. 

19 Sections 2 through 8 of the National Advisory Com20 mittee on Oceans and Atmosphere Act of 1977 (Public 

21 Law 95–63, as amended, 33 U.S.C. 857–13 through 857– 

22 18) are amended as follows: 

23 (1) In section 2 (33 U.S.C. 857–13), delete the 

24 phrase ‘‘18 members to be’’. 
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1 (2) Subsection 3(a) (33 U.S.C. 857–14(a)) is 

2 amended to read as follows: 

3 ‘‘(a) APPOINTMENT AND QUALIFICATIONS.— 

4 ‘‘(1) The members of the Committee, who may 

5 not be full-time officers or employees of the United 

6 States, shall be appointed by the Under Secretary of 

7 Commerce for Oceans and Atmosphere (hereinafter 

8 the Under Secretary). Members shall be appointed 

9 only from among individuals who are eminently 

10 qualified by way of knowledge and expertise in one 

11 or more of the purposes of the National Oceanic and 

12 Atmospheric Administration. 

13 ‘‘(2) The Under Secretary shall appoint, as 

14 original members, any current members of the Na15 tional Oceanic and Atmospheric Administration 

16 Science Advisory Board who wish to serve in such 

17 capacity, together with any additional qualified indi18 viduals necessary to fulfill the purposes of the Com19 mittee.’’. 

20 (3) Subsection 3(b) (33 U.S.C. 857–14(b)) is 

21 revised to read as follows: 

22 ‘‘(b) TERMS.— 

23 ‘‘(1) The term of office of a member of the 

24 Committee shall be 3 years; except that initial terms 
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1 of the original appointees shall be staggered to as2 sure continuity of administration. 

3 ‘‘(2) Any individual appointed to fill a vacancy 

4 occurring before the expiration of the term for which 

5 his or her predecessor was appointed shall be ap6 pointed for the remainder of such term. No indi7 vidual may serve for more than two consecutive 

8 three-year terms. A member may serve after the 

9 date of the expiration of the term of office for which 

10 appointed until his or her successor has taken of11 fice.’’. 

12 (4) In subsection 3(c) (33 U.S.C. 857–14(c)), 

13 delete ‘‘President’’ and insert in lieu thereof ‘‘Under 

14 Secretary’’. 

15 (5) Subsection 3(d) (33 U.S.C. 857–14(d)) is 

16 revised to read as follows: 

17 ‘‘(d) DUTIES.—The Committee shall advise the 

18 Under Secretary with respect to the programs adminis19 tered by the National Oceanic and Atmospheric Adminis20 tration.’’. 

21 (6) Delete sections 4 and 6 (33 U.S.C. 857–15 

22 and 857–17, respectively), and renumber the re23 maining sections accordingly. In new section 4, de24 lete ‘‘for a GS–18’’ and insert in lieu thereof ‘‘pro-
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1 vided for Level IV of the Executive Schedule Pay 

2 Rates’’. 

3 (7) By striking ‘‘National Advisory Committee 

4 on Oceans and Atmosphere’’ wherever that term 

5 may appear in sections 2 through 8 of the National 

6 Advisory Committee on Oceans and Atmosphere Act 

7 of 1977 (Public Law 95–63, an amended, 33 U.S.C. 

8 857–13 through 857–18) and substitute in lieu 

9 thereof ‘‘NOAA Advisory Committee on Oceans and 

10 Atmosphere’’. 

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