I
107TH CONGRESS
2D SESSION
H. R. 4966
To improve the conservation and management of coastal and ocean resources
by reenacting and clarifying provisions of a reorganization plan author-
izing the National Oceanic and Atmospheric Administration.
IN THE HOUSE OF REPRESENTATIVES
JUNE 19, 2002
Mr. GILCHREST introduced the following bill; which was referred to the Com-
mittee 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 com-
mittee concerned
A BILL
To improve the conservation and management of coastal
and ocean resources by reenacting and clarifying provi-
sions of a reorganization plan authorizing the National
Oceanic and Atmospheric Administration.
Be it enacted by the Senate and House of Representa-
tives 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’’.
SEC. 2. DEFINITIONS.
In this Act:
(3) The exploration of the oceans.
(4) To further human understanding of—
(A) the oceans;
(B) the earth’s atmosphere; and
(C) the functional relationship of the
oceans and the atmosphere.
(c) COMPONENTS.—The Secretary shall maintain
within the Administration the following components:
(1) The National Coastal and Ocean Service.
(2) The National Oceanic and Atmospheric Re-
search 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 Oper-
ations.
(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 imme-
diately before the enactment of this Act, except as may
be provided otherwise by law or by a redelegation of au-
thority 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 redele-
gation.
SEC. 4. UNDER SECRETARY FOR OCEANS AND ATMOS-
PHERE.
(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 ap-
pointed by the President, by and with the advice and con-
sent of the Senate. The Under Secretary shall be paid at
the rate of basic pay for level III of the Executive Sched-
ule.
(b) FUNCTIONS.—Subject to the authority, direction,
and control of the Secretary, the Under Secretary shall
perform such functions and exercise such powers with re-
spect to the Administration as the Secretary may pre-
scribe, 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 execu-
tion, 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.
(9) Personnel, including the selection, appoint-
ment, distribution, supervision, establishing of com-
pensation, 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, legisla-
tive, 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 ATMOS-
PHERE.
(a) IN GENERAL.—There shall be in the Administra-
tion 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 Secretarty 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 ab-
sence 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 Administra-
tion a Deputy Under Secretary for Oceans and Atmos-
phere. The Deputy Under Secretary shall be appointed by
the Secretary. The Deputy Under Secretary shall be paid
at the rate of basic pay for level IV of the Executive
Schedule.
(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 Sec-
retary 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, the Deputy Under
Secretary shall act in that position.
SEC. 7. GENERAL COUNSEL.
(a) IN GENERAL.—There shall be in the Administra-
tion a General Counsel. The General Counsel shall be ap-
pointed by the Secretary, subject to approval of the Presi-
dent. The General Counsel shall be paid at the rate of
basic pay for level V of the Executive Schedule.
(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 exer-
cise such powers as the Secretary or Under Sec-
retary may prescribe.
SEC. 8. ASSISTANT ADMINISTRATORS.
(a) IN GENERAL.—There shall be in the Administra-
tion the following:
(1) An Assistant Administrator for Coastal and
Ocean Services.
(2) An Assistant Administrator for Oceanic and
Atmospheric Research and Chief Scientist.
(3) An Assistant Administrator for Fisheries.
(4) An Assistant Administrator for Weather.
(5) An Assistant Administrator for Environ-
mental Satellite Data and Information.
(6) A Director of Marine and Aviation Oper-
ations and the Commissioned Officer Corps.
(b) APPOINTMENT.—Each Assistant Administrator
and the Director referred to in subsection (a) shall be ap-
pointed by the Secretary.
(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 administra-
tion of the functions for which they are responsible.
(d) FUNCTIONS.—Each Assistant Administrator and
the Director referred to in subsection (a), under the au-
thority, direction, and control of the Under Secretary,
shall perform such functions and exercise such powers as
the Under Secretary may prescribe.
SEC. 9. PROGRAM SUPPORT.
For each fiscal year 2003 through 2007, there is au-
thorized to be appropriated to the Secretary the following:
(1) For corporate services provided by the
Under Secretary’s office, $80,000,000.
(2) For facilities maintenance, repairs, and
safety, $13,000,000.
(3) For environmental compliance, in addition
to amounts authorized under section 3 of Public
Law 104–91, $2,000,000.
(4) For energy management, $550,000.
(5) For marine services, $75,000,000.
(6) For fleet planning and maintenance,
$13,027,000.
SEC. 10. CONTINUATION OF SERVICE.
Any individual serving on the date of the enactment
of this Act in a position provided for in this Act may con-
tinue to serve in that position until a successor is ap-
pointed under this Act.
SEC. 11. 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 FUNC-
TIONS.—Paragraph (1) shall not affect the functions
of the Administration under section 3(d).
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