I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

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

5 Atmospheric Administration Act of 2003’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 
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1 (1) ADMINISTRATION.—The term ‘‘Administra2 tion’’ means the National Oceanic and Atmospheric 

3 Administration. 

4 (2) FUNCTION.—The term ‘‘function’’ includes 

5 any duty, obligation, power, authority, responsibility, 

6 right, privilege, activity, or program. 

7 (3) OFFICE.—The term ‘‘office’’ includes any 

8 office, institute, council, unit, organizational entity, 

9 or component thereof. 

10 (4) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Commerce. 

12 (5) UNDER SECRETARY.—The term ‘‘Under 

13 Secretary’’ means the Under Secretary of Commerce 

14 for Oceans and Atmosphere appointed under section 

15 102. 

16 SEC. 3. ORGANIZATION OF ADMINISTRATION. 

17 (a) IN GENERAL.—There shall be in the Department 

18 of Commerce an agency known as the National Oceanic 

19 and Atmospheric Administration. 

20 (b) PRIMARY MISSIONS.—The primary missions of 

21 the Administration are the following: 

22 (1) The provision and certification of hydro23 graphic and geodetic products and data. 

24 (2) The conservation and management of the 

25 Nation’s coastal and marine resources. 
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1 (3) The exploration of the oceans and the Great 

2 Lakes. 

3 (4) To further human understanding of—

4 (A) the oceans and the Great Lakes; 

5 (B) the earth’s atmosphere; and 

6 (C) the functional relationship of the 

7 oceans and the atmosphere. 

8 (5) Forecasting the Nation’s weather and cli9 mate. 

10 (c) COMPONENTS.—The Secretary shall maintain 

11 within the Administration the following components: 

12 (1) The National Coast and Ocean Service. 

13 (2) The National Oceanic and Atmospheric Re14 search Service. 

15 (3) The National Marine Fisheries Service. 

16 (4) The National Weather Service. 

17 (5) The National Environmental Satellite and 

18 Data Information Service. 

19 (6) The Office of Marine and Aviation Oper20 ations. 

21 (7) Such other components as the Secretary 

22 considers necessary. 

23 (d) FUNCTIONS.—The Administration shall perform 

24 such functions as were vested in the Administration or any 

25 officer, employee, or office of the Administration imme-
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1 diately before the enactment of this Act, except as may 

2 be provided otherwise by law or by a redelegation of au3 thority after that date by the President, the Secretary of 

4 Commerce, or any other officer of the United States who 

5 delegated such function to the Administration before that 

6 date or who is otherwise authorized to make such a redele7 gation. 

8 SEC. 4. UNDER SECRETARY FOR OCEANS AND ATMOS9 PHERE. 

10 (a) IN GENERAL.—There shall be at the head of the 

11 Administration the Under Secretary of Commerce for 

12 Oceans and Atmosphere. The Under Secretary shall be ap13 pointed by the President, by and with the advice and con14 sent of the Senate. The Under Secretary shall be paid at 

15 the rate of basic pay for level III of the Executive Sched16 ule. 

17 (b) FUNCTIONS.—Subject to the authority, direction, 

18 and control of the Secretary, the Under Secretary shall 

19 perform such functions and exercise such powers with re20 spect to the Administration as the Secretary may pre21 scribe, including the following: 

22 (1) Serve as the Administrator of the National 

23 Oceanic and Atmospheric Administration. 

24 (2) General management. 

25 (3) Policy development and guidance. 
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1 (4) Budget formulation, guidance, and execu2 tion, and other financial matters. 

3 (5) Resource requirements determination and 

4 allocation. 

5 (6) Program management and direction. 

6 (7) Environment, safety, and health operations. 

7 (8) Administration of contracts, real property, 

8 and facilities. 

9 (9) Personnel, including the selection, appoint10 ment, distribution, supervision, compensation, and 

11 separation of personnel. 

12 (10) Procurement of services of experts and 

13 consultants in accordance with section 3109 of title 

14 5, United States Code. 

15 (11) External affairs, including legal, legisla16 tive, and public affairs, and serving as liaison with 

17 other elements of the Department of Commerce and 

18 with other Federal agencies, State, tribal, and local 

19 governments, and the public.

20 SEC. 5. ASSISTANT SECRETARY FOR OCEANS AND ATMOS21 PHERE. 

22 (a) IN GENERAL.—There shall be in the Administra23 tion an Assistant Secretary of Commerce for Oceans and 

24 Atmosphere. The Assistant Secretary shall be appointed 

25 by the President, by and with the advice and consent of 
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1 the Senate. The Assistant Secretary shall be paid at the 

2 rate of basic pay for level IV of the Executive Schedule. 

3 (b) FUNCTIONS.—The Assistant Secretary—

4 (1) shall perform such functions and exercise 

5 such powers as the Secretary or Under Secretary 

6 may prescribe; and 

7 (2) shall act as Under Secretary during the ab8 sence or disability of the Under Secretary or in the 

9 event of a vacancy in the office of Under Secretary. 

10 SEC. 6. DEPUTY UNDER SECRETARY. 

11 (a) IN GENERAL.—There shall be in the Administra12 tion a Deputy Under Secretary for Oceans and Atmos13 phere. The Deputy Under Secretary shall be appointed by 

14 the Secretary. The position of Deputy Under Secretary 

15 shall be a Senior Executive Service general position as de16 fined in section 3132(a)(9) of title 5, United States Code, 

17 (for purposes of subchapter II of chapter 31 of title 5, 

18 United States Code).

19 (b) FUNCTIONS.—Subject to the authority, direction, 

20 and control of the Secretary and the Under Secretary, the 

21 Deputy Under Secretary—

22 (1) shall serve as an advisor to the Under Sec23 retary and to the Assistant Secretary on all program 

24 and policy issues; 
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1 (2) shall be responsible for ensuring the timely 

2 and effective implementation of the Administration 

3 policies and objectives; and 

4 (3) in the absence or disability of the Under 

5 Secretary or Assistant Secretary, or in the event of 

6 a vacancy in either such position, shall act in that 

7 position. 

8 SEC. 7. GENERAL COUNSEL. 

9 (a) IN GENERAL.—There shall be in the Administra10 tion a General Counsel. The General Counsel shall be ap11 pointed by the Secretary. The position of General Counsel 

12 shall be a Senior Executive Service general position as de13 fined in section 3132(a)(9) of title 5, United States Code, 

14 (for purposes of subchapter II of chapter 31 of title 5, 

15 United States Code). 

16 (b) FUNCTIONS.—Subject to the authority, direction, 

17 and control of the Secretary and the Under Secretary, the 

18 General Counsel—

19 (1) shall serve as the chief legal officer of the 

20 Administration for all legal matters that arise in 

21 connection with the conduct of the functions of the 

22 Administration; and 

23 (2) shall perform such other functions and exer24 cise such powers as the Secretary or Under Sec25 retary may prescribe. 
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1 SEC. 8. ASSISTANT ADMINISTRATORS. 

2 (a) IN GENERAL.—There shall be in the Administra3 tion the following: 

4 (1) An Assistant Administrator for Coastal and 

5 Ocean Services. 

6 (2) An Assistant Administrator for Oceanic and 

7 Atmospheric Research. 

8 (3) An Assistant Administrator for Fisheries. 

9 (4) An Assistant Administrator for Weather. 

10 (5) An Assistant Administrator for Environ11 mental Satellite Data and Information. 

12 (6) An Assistant Administrator for Program 

13 Planning and Integration. 

14 (7) A Director of Marine and Aviation Oper15 ations and the Commissioned Officer Corps. 

16 (b) APPOINTMENT.—Each Assistant Administrator 

17 and the Director referred to in subsection (a) shall be ap18 pointed by the Secretary. Each Assistant Administrator 

19 position shall be a Senior Executive Service general posi20 tion as defined in section 3132(a)(9) of title 5, United 

21 States Code (for purposes of subchapter II of chapter 31 

22 of title 5, United States Code). 

23 (c) QUALIFICATIONS.—Each Assistant Administrator 

24 and the Director referred to in subsection (a) shall be an 

25 individual who is qualified by reason of background and 
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1 experience to direct the implementation and administra2 tion of the functions for which they are responsible. 

3 (d) FUNCTIONS.—Each Assistant Administrator and 

4 the Director referred to in subsection (a), under the au5 thority, direction, and control of the Under Secretary, 

6 shall perform such functions and exercise such powers as 

7 the Under Secretary may prescribe. 

8 SEC. 9. CONTINUATION OF SERVICE. 

9 Any individual serving on the date of the enactment 

10 of this Act in a position provided for in this Act may con11 tinue to serve in that position until a successor is ap12 pointed under this Act. 

13 SEC. 10. SCIENCE ADVISORY BOARD. 

14 (a) IN GENERAL.—There shall be in the Administra15 tion a Science Advisory Board, which shall report to the 

16 Under Secretary. 

17 (b) PURPOSE.—The purpose of the Science Advisory 

18 Board is to advise the Under Secretary on long-range and 

19 short-range strategies for research, education, and appli20 cation of science to resource management and environ21 mental assessment and prediction. 

22 (c) MEMBERS.—

23 (1) IN GENERAL.—The Science Advisory Board 

24 shall consist of members appointed by the Under 

25 Secretary to assure a balanced representation among 
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1 preeminent scientists, engineers, educators, industry, 

2 and science policy experts reflecting the full breadth 

3 of the Administration’s areas of responsibility. 

4 (2) CRITERIA FOR SELECTION.—The Under 

5 Secretary shall develop and apply standard criteria 

6 for the selection of members of the Science Advisory 

7 Board. 

8 (3) TERMS.—(A) Members of the Science Advi9 sory Board shall be appointed for a 3-year term, 

10 may be reappointed once, and shall serve at the dis11 cretion of the Under Secretary. 

12 (B) An individual serving a term as a member 

13 of the Science Advisory Board on the date of enact14 ment of this section may complete that term, and 

15 may be reappointed once for another term of 3 

16 years. 

17 (4) COMPENSATION AND EXPENSES.—A mem18 ber of the Science Advisory Board shall not be com19 pensated for service on such board, but upon request 

20 by the member may be allowed travel expenses, in21 cluding per diem in lieu of subsistence, in accord22 ance with subchapter I of chapter 57 of title 5, 

23 United States Code. 

24 (5) ETHICAL STANDARDS.—Members of the 

25 Science Advisory Board shall be subject to the eth-
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1 ical standards applicable to special Government em2 ployees. 

3 (d) CHAIRPERSON.—The Under Secretary shall des4 ignate one of the members of the Science Advisory Board 

5 as the Chairperson of such board. 

6 (e) MEETINGS.—The Science Advisory Board shall 

7 meet at least twice each year, and at other times at the 

8 call of the Under Secretary or the Chairperson. 

9 (f) ADMINISTRATIVE SUPPORT.—The Under Sec10 retary shall provide administrative support to the Science 

11 Advisory Board. 

12 SEC. 11. GENERAL AUTHORITIES. 

13 (a) GRANTS, CONTRACTS, AND COOPERATIVE

14 AGREEMENTS.—In carrying out the programs and activi15 ties authorized for the Administration, the Secretary—

16 (1) may enter into grants, contracts, or cooper17 ative agreements with Federal agencies, States, local

18 governments, regional agencies, interstate agencies, 

19 or other persons; and 

20 (2) through the Administration, may apply for, 

21 accept, and use grants or funds from such entities.

22 (b) RESOURCE SHARING AGREEMENTS.—The Sec23 retary, in carrying out the functions of the Administra24 tion, and under terms and conditions established by the 

25 Secretary—
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1 (1) may enter into resource sharing agreements 

2 with States, local governments, or Federal agencies 

3 to accept or provide for funds and the use of per4 sonnel, services, equipment, or facilities on a reim5 bursable, nonreimbursable, or shared basis; and 

6 (2) may enter into resource sharing agreements 

7 with other Federal agencies to accept, or provide, 

8 personnel, services, equipment, facilities, or funds, or 

9 participate in interagency financing with other Fed10 eral agencies, to the extent necessary to fulfill the 

11 objectives of programs or activities of the Adminis12 tration. 

13 (c) JOINT AND COOPERATIVE INSTITUTES.—The 

14 Secretary may establish, by cooperative agreement, joint 

15 or cooperative institutes with qualified colleges, univer16 sities, and nonprofit research organizations for the pur17 pose of collaborating on mutually agreed-upon, long-term 

18 research programs in the areas of oceanography, coastal 

19 ocean observing technology, climate change, atmosphere, 

20 meteorology, marine, coastal and estuarine environmental 

21 technology, fisheries, hydrography, and marine spill re22 sponse. The Secretary shall design such research pro23 grams to support the authorized functions of the Adminis24 tration. The Secretary may accept or provide facilities, 

25 personnel, equipment, other property, knowledge, and 
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1 other scientific research resources and funds on a reim2 bursable or nonreimbursable basis, as determined by the 

3 Secretary, for such institutes. 

4 SEC. 12. PROGRAM SUPPORT. 

5 (a) CORPORATE SERVICES.—There are authorized to 

6 be appropriated to the Secretary of Commerce, to enable 

7 the National Oceanic and Atmospheric Administration to 

8 provide corporate services (including management, admin9 istrative support, and policy development) that support its 

10 program activities, $95,000,000 for each of fiscal years 

11 2004 through 2008. 

12 (b) MARINE OPERATIONS AND MAINTENANCE.—

13 There are authorized to be appropriated to the Secretary 

14 of Commerce, to enable the National Oceanic and Atmos15 pheric Administration to carry out marine services activi16 ties (including ship operations, maintenance, support and 

17 planning) under the Act of 1947 and any other law involv18 ing those activities, $90,000,000 for each of fiscal years 

19 2004 through 2008. 

20 (c) FACILITIES.—In addition to amounts authorized 

21 under section 3 of Public Law 104–91, there are author22 ized to the Secretary of Commerce, to enable the National 

23 Oceanic and Atmospheric Administration to carry out ac24 tivities related to maintenance, repair, safety, environ25 mental compliance, and project planning and execution of 
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1 facilities, $20,000,000 for each of fiscal years 2004 

2 through 2008.

3 SEC. 13. NOAA FLEET REPLACEMENT AND MODERNIZA4 TION. 

5 (a) IN GENERAL.—Section 603 of the NOAA Fleet 

6 Modernization Act (33 U.S.C. 891a) is amended to read 

7 as follows: 

8 ‘‘SEC. 603. FLEET REPLACEMENT AND MODERNIZATION 

9 PROGRAM. 

10 ‘‘(a) IN GENERAL.—The Secretary may implement a 

11 program to replace and modernize the NOAA fleet in ac12 cordance with a plan submitted in accordance with section 

13 604. 

14 ‘‘(b) NOAA VESSEL CONSTRUCTION.—

15 ‘‘(1) PROHIBITION ON FOREIGN CONSTRUC16 TION.—Except as provided in paragraph (2), no 

17 NOAA vessel, and no major component of the hull

18 or superstructure of a NOAA vessel, may be con19 structed in a foreign shipyard. 

20 ‘‘(2) EXCEPTIONS.—The President may author21 ize an exception to the prohibition in paragraph (1) 

22 if the President determines that it is in the national 

23 security interest of the United States to do so. The 

24 President shall transmit notice to the Congress of 

25 any such determination. No contract may be made 
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1 pursuant to such an exception until the end of the 

2 30-day period beginning on the date the notice of 

3 such determination is received by the Congress.’’.

4 (b) FLEET MODERNIZATION PLAN.—Section 604 of 

5 the NOAA Fleet Modernization Act (33 U.S.C. 891b) is 

6 amended to read as follows: 

7 ‘‘SEC. 604. FLEET MODERNIZATION PLAN. 

8 ‘‘(a) IN GENERAL.—No later than 30 days after the 

9 date of the enactment of the National Oceanic and Atmos10 pheric Administration Act of 2003, the Secretary shall 

11 submit to the Committee on Resources and the Committee 

12 on Science of the House of Representatives and the Com13 mittee on Commerce, Science, and Transportation of the 

14 Senate a modernization plan for the NOAA fleet covering 

15 fiscal years 2004 through 2008. 

16 ‘‘(b) PLAN ELEMENTS.—The Plan required under 

17 subsection (a) shall include the following: 

18 ‘‘(1) The number of vessels proposed to be 

19 modernized or replaced, the schedule for their mod20 ernization or replacement, and anticipated funding 

21 requirements for such modernization and replace22 ment. 

23 ‘‘(2) The number of vessels proposed to be con24 structed, leased, or chartered. 
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1 ‘‘(3) The number of vessels, or days at sea, that 

2 can be obtained by using the vessels of the UNOLS. 

3 ‘‘(4) The number of vessels that will be made 

4 available to NOAA by the Secretary of the Navy, or 

5 any other Federal official, and the terms and condi6 tions for their availability. 

7 ‘‘(5) The proposed acquisition of modern sci8 entific instrumentation for the NOAA fleet, includ9 ing—

10 ‘‘(A) acoustic systems; 

11 ‘‘(B) data transmission positioning and 

12 communications systems; 

13 ‘‘(C) physical, chemical, and meteorological 

14 oceanographic systems; and 

15 ‘‘(D) data acquisition and processing sys16 tems.’’. 

17 (c) USE OF UNOLS VESSELS.—Section 605 of the 

18 NOAA Fleet Modernization Act (33 U.S.C. 891c) is 

19 amended to read as follows: 

20 ‘‘SEC. 605. USE OF VESSELS. 

21 ‘‘In carrying out the primary missions of NOAA 

22 under section 3(b) of the National Oceanic and Atmos23 pheric Administration Act of 2003, the Secretary—

24 ‘‘(1) shall use excess capacity of UNOLS ves25 sels where appropriate; and 
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1 ‘‘(2) may enter into memoranda of agreement 

2 with the operators of those vessels to carry out the 

3 requirement under paragraph (1).’’. 

4 (d) REPEALS.—Sections 607, 608, 609 and 610 of 

5 the NOAA Fleet Modernization Act (33 U.S.C. 891e–

6 891h) are repealed.

7 SEC. 14. CONFORMING AMENDMENTS AND REPEALS. 

8 (a) PAY RATE OF DEPUTY UNDER SECRETARY.—

9 Section 5315 of title 5, United States Code, is amended 

10 by adding at the end the following: 

11 ‘‘Deputy Under Secretary of Commerce for 

12 Oceans and Atmosphere.’’. 

13 (b) REORGANIZATION PLAN NUMBER 4 OF 1970.—

14 (1) REPEAL.—Reorganization Plan Number 4 

15 of 1970 (5 App. U.S.C.) is repealed. 

16 (2) RELATIONSHIP TO ADMINISTRATION FUNC17 TIONS.—Subparagraph (A) shall not affect the func18 tions of the Administration under section 3(d) of 

19 this Act. 

20 (3) NOTICE OF REPROGRAMMING.—Section 403 

21 of Public Law 102–567 (106 Stat. 4291) is amend22 ed by striking ‘‘$250,000 or 5’’ and inserting 

23 ‘‘$500,000 or 10’’.

Æ