I 
110TH CONGRESS 
1ST SESSION 
H. R. 21 
To establish a national policy for our oceans, to strengthen the National 
Oceanic and Atmospheric Administration, to establish a national and 
regional ocean governance structure, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2007 
Mr. FARR (for himself, Mr. ALLEN, Mr. GILCHREST, and Mr. SAXTON) intro-
duced the following bill; which was referred to the Committee on Natural 
Resources, and in addition to the Committee on Science and Technology, 
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 a national policy for our oceans, to strengthen 
the National Oceanic and Atmospheric Administration, 
to establish a national and regional ocean governance 
structure, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Oceans Conservation, Education, and National Strategy 
for the 21st Century Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Purpose. 
Sec. 4. Definitions. 
TITLE I—ESTABLISHMENT OF A NATIONAL OCEANS POLICY 
Sec. 101. National oceans policy. 
TITLE II—NATIONAL OCEANIC AND ATMOSPHERIC 
ADMINISTRATION ORGANIC ACT 
Sec. 201. National Oceanic and Atmospheric Administration. 
Sec. 202. Administration leadership. 
Sec. 203. National Weather Service. 
Sec. 204. Resource management. 
Sec. 205. Operations and services. 
Sec. 206. Research and technology development. 
Sec. 207. Education and outreach. 
Sec. 208. Science Advisory Board. 
Sec. 209. Reports. 
Sec. 210. Public-private partnerships. 
Sec. 211. Reorganization plan. 
Sec. 212. Facility evaluation process. 
Sec. 213. Administration budget. 
Sec. 214. Baselines and cost controls. 
Sec. 215. Offshore performance of contracts for the procurement of goods and 
services. 
TITLE III—NATIONAL OCEAN LEADERSHIP AND COORDINATION 
Sec. 301. National Oceans Advisor. 
Sec. 302. Committee on Ocean Policy. 
Sec. 303. Establishing a coordinated management regime for activities in Fed-
eral waters. 
Sec. 304. Council of Advisors on Oceans Policy. 
TITLE IV—REGIONAL COORDINATION AND ECOSYSTEM 
PLANNING 
Sec. 401. Findings. 
Sec. 402. Regional Ocean Partnerships. 
Sec. 403. Regional Ocean Strategic Plans. 
Sec. 404. National Academy of Sciences study of regional oceans governance. 
Sec. 405. Ocean ecosystem resource information systems. 
Sec. 406. Regulations. 
Sec. 407. Other authority. 
Sec. 408. Authorization of appropriations. 
TITLE V—OCEAN AND GREAT LAKES CONSERVATION TRUST 
FUND 
Sec. 501. Establishment of fund. 
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Sec. 502. Limitation on use of available amounts for administration. 
Sec. 503. Recordkeeping requirements. 
Sec. 504. Maintenance of effort and matching funding. 
Sec. 505. Community assistance formula and payments. 
Sec. 506. Approval of State funding and spending plans. 
Sec. 507. Special postage stamp. 
TITLE VI—ADMINISTRATION FUNDING 
Sec. 601. Authorization of appropriations. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) United States ocean waters and the ocean 
resources they contain are vital for the national se-
curity, environment, economy, and culture of the 
United States. 
(2) The National Oceanic and Atmospheric Ad-
ministration is the lead ocean agency in the United 
States, performing critical services and activities for 
the nation and its citizens. 
(3) Recent reports by the United States Com-
mission on Ocean Policy and the Pew Oceans Com-
mission call for, among other things— 
(A) a more comprehensive and integrated 
ecosystem-based management approach to ad-
dress current and future ocean and coastal 
challenges; 
(B) coordination and increased efficiency 
of ocean governance; 
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(C) a strengthened National Oceanic and 
Atmospheric Administration to enhance its abil-
ity to fulfill its core missions; and 
(D) the need for a dedicated source of 
funds for improved management and under-
standing of ocean and coastal resources. 
(4) Consistent with customary international 
law, the United States exercises sovereign rights 
over ocean resources within United States ocean wa-
ters. 
(5) These ocean resources are the property of 
the people of the United States, are held in trust for 
them by Federal, State, local, and tribal govern-
ments, and should be managed to preserve the full 
range of their benefits for present and future gen-
erations. 
(6) Knowledge of the world’s oceans is critically 
important to the operations of the United States 
Armed Forces, particularly the Navy and Coast 
Guard operations, and therefore to the national se-
curity of the United States. 
(7) Marine, terrestrial, and atmospheric sys-
tems are interdependent, requiring that policy, infor-
mation transfer, and the management of human ac-
tivities be coordinated across systems. 
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(8) Healthy and productive coastal and marine 
ecosystems are the keys to securing the full range of 
benefits from ocean resources, including important 
economic uses such as productive fisheries, for the 
people of the United States. 
(9) A variety of threats and practices have 
caused dramatic declines in the health and produc-
tivity of coastal and marine ecosystems of the 
United States. Among the major threats to marine 
ecosystem health are— 
(A) global climate change; 
(B) chemical, nutrient, and biological pol-
lution; 
(C) unwise land use and coastal develop-
ment; 
(D) habitat damage; 
(E) overfishing; 
(F) bycatch; and 
(G) invasive species. 
(10) These threats are exacerbated by the legal 
and geographic fragmentation of authority over 
ocean space and ocean resources. 
(11) Activities harming coastal and marine eco-
systems jeopardize the economies and social struc-
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ture of coastal communities dependent on these re-
sources. 
(12) Healthy marine ecosystems provide more 
goods and services, such as seafood and tourism op-
portunities, than degraded marine ecosystems. 
(13) While there is a plethora of laws, govern-
ment agencies, and programs dealing with coastal 
resources and ocean resources, activities thereunder 
are poorly coordinated and do not constitute a uni-
fied and comprehensive public policy toward the 
ocean waters and resources. 
(14) To better enable the various levels of gov-
ernment with authority over coastal and ocean wa-
ters, habitats, and resources, and ocean resources to 
fulfill their public trust responsibilities, a unified na-
tional oceans policy is needed to govern the range of 
human activities affecting the health and produc-
tivity of marine ecosystems. 
SEC. 3. PURPOSE. 
The purpose of this Act is to secure, for present and 
future generations of people of the United States, the full 
range of ecological, economic, educational, social, cultural, 
nutritional, and recreational benefits of healthy marine 
ecosystems, by— 
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(1) establishing a comprehensive national 
oceans policy regarding all covered actions that may 
significantly affect United States ocean waters and 
ocean resources; 
(2) requiring covered actions to be consistent 
with the policies and standards of this Act; 
(3) setting clear standards against which com-
pliance with the national oceans policy can be meas-
ured; 
(4) providing standards through which compli-
ance with this Act can be assured; 
(5) promoting ecologically sustainable ocean re-
source use and management by strengthening and 
empowering ocean governance on regional and Fed-
eral levels; 
(6) promoting ecosystem-based approaches to 
management of ocean waters and resources; 
(7) enhancing responsible ocean stewardship 
through education, information collection, and cit-
izen involvement; and 
(8) establishing a ocean and great lakes con-
servation trust fund to support the purposes and 
policies of this Act. 
SEC. 4. DEFINITIONS. 
In this Act: 
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(1) UNITED
STATES
OCEAN
WATERS
OR 
OCEANS.—The term ‘‘United States ocean waters’’ 
or ‘‘oceans’’ means the zone extending from the 
baseline from which the breadth of the United 
States territorial sea is measured to the extent of 
the Exclusive Economic Zone as specified in Presi-
dential Proclamation Number 5030, dated March 
10, 1983, including the territorial waters of the 
Great Lakes and the waters of the continental shelf 
to which the United States is granted sovereign 
rights under international law. 
(2) COASTAL WATERS.—The term ‘‘coastal wa-
ters’’ means the waters within the coastal zone as 
defined in section 304 of the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1453), which includes 
such waters as bays and estuaries. 
(3) OCEAN
RESOURCES
OR
COASTAL
RE-
SOURCES.—The term ‘‘ocean resources’’ or ‘‘coastal 
resources’’ means any living, nonliving, or cultural 
amenity in United States ocean waters or coastal 
waters. 
(4) COVERED ACTION.—The term ‘‘covered ac-
tion’’ means any activity affecting United States 
ocean or coastal waters or resources, that is author-
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ized (including the issuance of a Federal license or 
permit), carried out, or funded by a Federal agency. 
(5) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the National Oceanic and Atmospheric 
Administration provided for in section 201. 
(6) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the National 
Oceanic and Atmospheric Administration. 
(7) ADVISOR.—The term ‘‘Advisor’’ means the 
National Oceans Advisor appointed under section 
301. 
(8) FUNCTION.—The term ‘‘function’’, when 
used in reference to a function of a government 
agency or official, includes authorities, powers, 
rights, privileges, immunities, programs, projects, 
activities, duties, and responsibilities. 
(9) BIOLOGICAL
DIVERSITY.—The term ‘‘bio-
logical diversity’’ means a collection of genomes, spe-
cies, and ecosystems occurring in a geographically 
defined region. 
(10) ECOLOGICALLY SUSTAINABLE.—The term 
‘‘ecologically sustainable’’ means capable of main-
taining biological diversity and ecosystem structure 
and functioning from one human generation to the 
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next, so as not to deny future generations the goods 
and services that healthy marine ecosystems provide. 
(11) MARINE.—The term ‘‘marine’’ includes of 
or relating to United States ocean and coastal wa-
ters. 
(12) 
MARINE
ECOSYSTEM
HEALTH
AND 
HEALTH
OF
MARINE
ECOSYSTEMS.—Each of the 
terms ‘‘marine ecosystem health’’ and ‘‘health of 
marine ecosystems’’ means the ability of a marine 
ecosystem to support and maintain a productive and 
resilient community of organisms, having a species 
composition, diversity, and functional organization 
resulting from the natural habitat of the region, 
such that it provides a complete range of ecological 
benefits, including— 
(A) a complete diversity of native species 
and habitats wherein each native species is able 
to maintain an abundance, population struc-
ture, and distribution supporting its ecological 
and evolutionary functions and processes; and 
(B) a physical, chemical, geological, and 
microbial environment that is supportive of the 
requirements of this paragraph. 
(13) HEALTHY MARINE ECOSYSTEM.—The term 
‘‘healthy marine ecosystem’’ means a marine eco-
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system with the ability to support and maintain a 
productive and resilient community of organisms, 
having a species composition, diversity, and func-
tional organization resulting from the natural habi-
tat of the region, such that it provides a complete 
range of ecological benefits, including— 
(A) a complete diversity of native species 
and habitats wherein each native species is able 
to maintain an abundance, population struc-
ture, and distribution supporting its ecological 
and evolutionary functions and processes; and 
(B) a physical, chemical, geological, and 
microbial environment that is supportive of the 
requirements of this paragraph. 
(14) ECOSYSTEM-BASED
MANAGEMENT.—The 
term ‘‘ecosystem-based management’’ means an inte-
grated approach to management that— 
(A) considers the entire ecosystem, includ-
ing humans; 
(B) has as its goal the maintenance of eco-
systems in a healthy, productive, and resilient 
condition so that they can provide the services 
humans want and need; 
(C) accounts for the interactions among 
species, activities, and sectors of management; 
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(D) considers the cumulative impacts of 
different sectors; 
(E) emphasizes the protection of ecosystem 
structure, functioning, and key processes; 
(F) is place-based in focusing on a specific 
ecosystem and the range of activities affecting 
it; 
(G) explicitly accounts for the inter-
connectedness within systems, recognizing the 
importance of interactions between many target 
species or key services and other non-target 
species; 
(H) 
acknowledges 
interconnectedness 
among systems, such as between air, land, and 
sea; and 
(I) integrates ecological, social, economic, 
and institutional perspectives, recognizing their 
strong interdependences. 
(15) IMPORTANT ECOLOGICAL AREA.—The term 
‘‘Important Ecological Area’’ means an area that 
contributes significantly to the health of the local or 
larger marine ecosystem, such as areas that are crit-
ical habitats because they are breeding, feeding, 
spawning or nursery grounds for one or more species 
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and/or are especially unique or sensitive marine eco-
systems. 
(16) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ means any department, agency, or instru-
mentality of the United States. 
(17) REGIONAL
OCEAN
PARTNERSHIPS.—The 
term ‘‘Regional Ocean Partnerships’’ means such a 
council established by the Administrator under sec-
tion 402. 
(18) OCEAN
REGION.—The term ‘‘ocean re-
gion’’ means such a region designated under section 
402(b). 
(19) COASTAL
STATE.—The term ‘‘coastal 
State’’— 
(A) means a State of the United States in, 
or bordering on, the Atlantic, Pacific, or Arctic 
Ocean, the Gulf of Mexico, Long Island Sound, 
or one or more of the Great Lakes; and 
(B) includes Puerto Rico, the Virgin Is-
lands, Guam, the Commonwealth of the North-
ern Mariana Islands, and the Trust Territories 
of the Pacific Islands, and American Samoa. 
(20) COASTAL
POLITICAL
SUBDIVISION.—The 
term ‘‘coastal political subdivision’’ means a political 
subdivision of a coastal State all or part of which 
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political subdivision is within the coastal zone (as de-
fined in section 304 of the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1453)). 
(21) COASTAL
POPULATION
DENSITY.—The 
term ‘‘coastal population density’’ means the popu-
lation as determined by the most recent census data 
in the State’s coastal zone as determined pursuant 
to the Coastal Zone Management Act of 1972 (16 
U.S.C. 1451 et seq.). 
(22) OCEAN STEWARDSHIP.—The term ‘‘ocean 
stewardship’’ means the careful and responsible 
management of coastal and ocean resources by cur-
rent generations such that it ensures future genera-
tions can obtain the full range of benefits from those 
resources. 
(23) PRECAUTIONARY
APPROACH.—The term 
‘‘precautionary approach’’ means the approach used 
to ensure the health and sustainability of marine 
ecosystems for the benefit of current and future gen-
erations, in which lack of full scientific certainty 
shall not be used as a justification for postponing 
action to prevent environmental degradation. 
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TITLE I—ESTABLISHMENT OF A 
NATIONAL OCEANS POLICY 
SEC. 101. NATIONAL OCEANS POLICY. 
(a) POLICY.—It is the continuing policy of the United 
States to protect, maintain, and restore the health of ma-
rine ecosystems in order to fulfill the ecological, economic, 
educational, social, cultural, nutritional, recreational and 
other requirements of current and future generations of 
Americans. 
(b) NATIONAL STANDARDS.— 
(1) IN GENERAL.—To the fullest extent pos-
sible, the policies, regulations, and Public Laws of 
the United States shall be interpreted and adminis-
tered by any Federal agency in accordance with the 
policy in subsection (a) for any covered actions. 
(2) COVERED ACTIONS.— 
(A) Covered actions affecting United 
States ocean waters or ocean resources must be 
conducted in a manner that is consistent with 
the protection, maintenance, and restoration of 
healthy ecosystems. 
(B) Any covered action that may signifi-
cantly affect United States ocean waters or 
ocean resources may proceed only if the covered 
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action, individually and in combination with 
other covered actions— 
(i) is not likely to significantly harm 
the health of any marine ecosystem; and 
(ii) is not likely to significantly im-
pede the restoration of the health of any 
marine ecosystem. 
(C) In the case of incomplete or inconclu-
sive information as to the effects of a covered 
action on United States ocean waters or ocean 
resources, decisions shall be made using the 
precautionary approach to ensure protection, 
maintenance, and restoration of healthy marine 
ecosystems. 
(D) Adverse social and economic impacts 
on communities that are significantly resource 
dependent shall be minimized to the extent 
practicable, while remaining consistent with 
other provisions of this Act that include the 
other national standards under this subsection. 
Consideration of impacts on resource dependent 
communities shall include, but not be limited to, 
cumulative impacts. 
(c) REGULATIONS.—Within 1 year after the date of 
enactment of this Act, the Administrator, in consultation 
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with the Committee on Ocean Policy, shall issue such reg-
ulations as are necessary to implement this section of the 
Act. 
(d) IMPLEMENTATION.—Each Federal agency that 
undertakes, authorizes, or funds a covered action shall en-
sure, in consultation with and with the assistance of the 
Administrator, that any covered action by such agency 
complies with the policy and national standards in sub-
section (a) and (b) of this section, in accordance with the 
following schedule: 
(1) Not less than 180 days prior to taking final 
agency action on a covered action, the head of each 
Federal agency shall certify whether the action com-
plies with the policy and national standards, and 
submit the certification to the Administrator for re-
view. 
(2) Not later than 90 days after receipt of the 
agency’s certification under subparagraph (a), the 
administrator shall determine whether he concurs 
with the agency’s finding and provide the head of 
such agency a written analysis documenting the 
basis for the administrator’s determination. this 
analysis shall include— 
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(A) a summary of the information on 
which the Administrator’s determination is 
based; 
(B) a detailed assessment of the effects the 
covered action has on marine ecosystem health; 
and 
(C) recommendations to remedy any iden-
tified deficiencies. 
(e) SAVINGS CLAUSE.—Nothing in this Act shall be 
construed to supersede or diminish the authority and re-
sponsibility, under any other provision of law, of any Fed-
eral agency or State, or any political subdivision thereof, 
to establish or implement more stringent requirements to 
conserve ocean resources. 
(f) JUDICIAL REVIEW.—Regulations promulgated by 
the Administrator and determinations on covered actions, 
under this section of the Act, shall be subject to judicial 
review to the extent authorized by, and in accordance with, 
chapter 7 of title 5, United States Code. 
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TITLE 
II—NATIONAL 
OCEANIC 
AND ATMOSPHERIC ADMINIS-
TRATION ORGANIC ACT 
SEC. 201. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION. 
(a) IN GENERAL.—There shall be an agency known 
as the National Oceanic and Atmospheric Administration. 
Reorganization Plan No. 4 of 1970 shall have no further 
force or effect. 
(b) MISSION.—The mission of the administration is 
to— 
(1) act as the nonmilitary Federal agency with 
responsibility for providing oversight of all United 
States coastal, ocean, and Great Lakes waters and 
resources; 
(2) understand the systems of the Earth’s 
oceans and atmosphere and predict changes in the 
Earth’s oceans and atmosphere and the effects of 
such changes on the land environment; 
(3) conserve and manage coastal, ocean, and 
Great Lakes resources and ecosystems to meet na-
tional economic, social, and environmental needs, 
and promote the ecologically sustainable use of these 
resources so such future needs of the nation can be 
met; 
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(4) protect, maintain, and restore the health of 
coastal, ocean, and Great Lakes ecosystems; and 
(5) educate the public about these topics. 
(c) FUNCTIONS.—The functions of the Administra-
tion, through which it shall carry out the policy and stand-
ards set forth in section 101, shall include— 
(1) conducting and supporting basic and ap-
plied research, development, and technology transfer 
as may be necessary to carry out the mission de-
scribed in subsection (b); 
(2) protecting, restoring, and maintaining the 
health and sustainability of the coasts, oceans, and 
Great Lakes through ecosystem-based research, de-
velopment, demonstration, and management; 
(3) collecting, through observation and other 
means, communicating, analyzing, processing, and 
disseminating comprehensive scientific data and in-
formation about weather and climate, solar and geo-
physical events on the Sun and in the space environ-
ment, and about the coasts, oceans, Great Lakes, 
upper reaches of estuaries, and hydrologic systems; 
(4) operating and maintaining a system for the 
storage, retrieval, and dissemination of data relating 
to weather and climate, solar and geophysical events 
on the Sun and in the space environment, and about 
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the coasts, oceans, Great Lakes, upper reaches of es-
tuaries, and hydrologic systems; 
(5) using observational data and technologies 
developed by other Federal agencies to improve the 
Administration’s operations; 
(6) coordinating efforts of Federal agencies 
with respect to meteorological and oceanic services, 
and acting as a focal point regarding oceans re-
search and management; 
(7) using the best available technology to ex-
plore and map the coastal, ocean, and Great Lakes 
waters of the United States, and work collabo-
ratively with other countries to use the best available 
technology to explore and map their coastal and 
ocean waters and other significant water bodies, in 
order to better understand ocean dynamics; 
(8) issuing weather, water, climate, space 
weather, tsunami, and other forecasts and warnings 
related to Earth’s oceans and atmosphere as to en-
hance society’s preparedness for responding to such 
weather-related conditions; 
(9) working with other Federal agencies, State, 
tribal, and local governments, and the public to im-
prove regional coordination and integration and pro-
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mote 
ecosystem-based 
management 
of 
coasts, 
oceans, and Great Lakes; 
(10) understanding the science of Earth’s cli-
mate and the impact of related systems on climate 
variability and change, and undertaking research 
and development to enhance society’s ability to plan 
for and respond to climate variability and change; 
(11) administering public outreach and edu-
cation programs and services to increase scientific 
and environmental literacy about— 
(A) coasts, oceans, Great Lakes, upper 
reaches of estuaries, and hydrologic systems; 
(B) weather and climate; 
(C) solar and geophysical events on the 
Sun and in the space environment; and 
(D) direct and indirect human impacts on 
the systems of Earth’s oceans, atmosphere, and 
related systems; 
(12) providing, as appropriate and in coopera-
tion with the Secretary of State, representation at 
all international meetings and conferences relating 
to the mission of the Administration, including mete-
orological, climate, and Earth and ocean observing 
issues; 
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(13) any other function assigned to the Admin-
istration by law; and 
(14) such other functions as are necessary to 
accomplish the mission described in subsection (b). 
SEC. 202. ADMINISTRATION LEADERSHIP. 
(a) UNDER SECRETARY OF COMMERCE FOR OCEANS 
AND ATMOSPHERE AND ADMINISTRATOR.— 
(1) IN GENERAL.—There shall be, as the Ad-
ministrator of the Administration, an Under Sec-
retary of Commerce for Oceans and Atmosphere. 
The Administrator shall be appointed by the Presi-
dent, by and with the advice and consent of the Sen-
ate. The term of office of any individual appointed 
after the date of enactment of this Act to serve as 
Administrator shall be 6 years, with eligibility for re-
appointment. 
(2) FUNCTIONS.—The Administrator, as head 
of the Administration, shall be responsible for— 
(A) ensuring that the functions of the Ad-
ministration under section 201(c) are fulfilled; 
(B) general management and supervision 
of the operations of the Administration; 
(C) policy development and guidance; 
(D) formulation, guidance, and execution 
of budget for the Administration, including sub-
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mission of annual budget requests to the Direc-
tor of the Office of Management and Budget; 
(E) serving as the Department of Com-
merce official for all ocean and atmosphere 
issues with other elements of the Department of 
Commerce and with other Federal agencies, 
State, tribal, and local governments, and the 
public; and 
(F) such other duties with respect to the 
Administration as the Secretary may prescribe. 
(3) DELEGATION OF AUTHORITY.—The Admin-
istrator may, except as otherwise prohibited by 
law— 
(A) delegate any functions, powers, or du-
ties of the Administrator to such officers and 
employees of the Administration as the Admin-
istrator may designate; and 
(B) authorize such successive redelegations 
of such functions, powers, or duties within the 
Administration as the Administrator considers 
necessary or appropriate. 
(4) PAY.—The Administrator shall be paid at 
the rate of basic pay for level III of the Executive 
Schedule under section 5314 of title 5, United 
States Code. 
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(5) AUTHORITIES.— 
(A) IN GENERAL.—As may be necessary or 
proper to carry out the Administration’s func-
tions under this Act or as otherwise provided by 
law, the Administrator may— 
(i) promulgate rules and regulations; 
(ii) hire personnel, including the selec-
tion, 
appointment, 
distribution, 
super-
vision, compensation, and separation of 
personnel; 
(iii) enter into and perform contracts, 
leases, grants, and cooperative agreements 
with Federal agencies, State and local gov-
ernments, regional and interstate agencies, 
Indian tribes, international organizations, 
foreign governments, educational institu-
tions, research institutions, nonprofit orga-
nizations, and commercial organizations; 
(iv) use, with their consent, and with 
or without reimbursement, the services, 
equipment, personnel, and facilities of 
other departments, agencies, and instru-
mentalities of the Federal Government; 
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(v) conduct education and outreach in 
direct support of the mission described in 
section 201(b); 
(vi) take reasonable steps to ensure 
that information systems and databases of 
the Administration are compatible with 
each other and with appropriate databases 
of other agencies; 
(vii) procure services of experts and 
consultants in accordance with section 
3109 of title 5, United States Code; and 
(viii) prescribe external affairs, includ-
ing legal, legislative, and public affairs. 
(B) EXCEPTION.—The authorities con-
ferred on the Administrator by this paragraph 
do not include the authority to contract for 
services that are an inherently governmental 
function as defined in section 5 of the Federal 
Activities Inventory Reform Act of 1998 (31 
U.S.C. 501 note). 
(b) ASSISTANT SECRETARY FOR OCEANS AND AT-
MOSPHERE AND DEPUTY ADMINISTRATOR.— 
(1) IN GENERAL.—There shall be, as Deputy 
Administrator of the Administration, an Assistant 
Secretary of Commerce for Oceans and Atmosphere. 
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The Deputy Administrator shall be appointed by the 
President, by and with the advice and consent of the 
Senate. The Deputy Administrator shall be the Ad-
ministrator’s first assistant for purposes of sub-
chapter III of chapter 33 of title 5, United States 
Code. 
(2) FUNCTIONS.—The deputy administrator 
shall— 
(A) serve as an advisor to the Adminis-
trator on all program and policy issues; 
(B) perform such functions and exercise 
such powers as the Administrator may pre-
scribe; and 
(C) act as Administrator during the ab-
sence or disability of the Administrator or in 
the event of a vacancy in the office of Adminis-
trator. 
(3) PAY.—The Assistant Secretary shall be 
paid at the rate of basic pay for level IV of the Ex-
ecutive Schedule. 
(c) DEPUTY UNDER SECRETARY FOR OCEANS AND 
ATMOSPHERE AND CHIEF OPERATING OFFICER.— 
(1) IN GENERAL.—There shall, be as the Chief 
Operating Officer of the Administration, a Deputy 
Under Secretary of Commerce for Oceans and At-
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mosphere. The Deputy Under Secretary shall be ap-
pointed by the Secretary. The position of Deputy 
Under Secretary shall be a Senior Executive Service 
position authorized under section 3133 of title 5, 
United States Code. 
(2) FUNCTIONS.—The Deputy Under Secretary 
shall— 
(A) ensure the timely and effective imple-
mentation of Administration policies and objec-
tives; 
(B) be responsible for all aspects of the 
Administration’s operations and management, 
including budget, financial operations, informa-
tion services, facilities, human resources, pro-
curements, and associated services; 
(C) act as Assistant Secretary during the 
absence or disability of the Assistant Secretary 
or in the event of a vacancy in such position; 
and 
(D) perform such other duties as the Ad-
ministrator shall prescribe. 
(d) DEPUTY ASSISTANT SECRETARIES.— 
(1) IN GENERAL.—There may be in the Admin-
istration no more than three Deputy Assistant Sec-
retaries. 
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(2) FUNCTIONS.—The functions of the Deputy 
Assistant Secretaries shall be designated by the Sec-
retary and must be consistent with at least one of 
the three primary functions of the Administration— 
(A) assessment, prediction, and operations; 
(B) management, especially ecosystem- 
based; and 
(C) research and education. 
(3) QUALIFICATIONS.—The Deputy Assistant 
Secretaries shall be appointed by the Secretary from 
among individuals who are qualified by reason of 
background and experience to direct the implementa-
tion and administration of the functions for which 
they are responsible. The positions of Deputy Assist-
ant Secretaries shall be Senior Executive Service po-
sitions authorized under section 3133 of title 5, 
United States Code. 
(e) ASSISTANT ADMINISTRATORS.— 
(1) IN GENERAL.—There shall be in the Admin-
istration no more than five Assistant Administrators 
who shall head one of each of the operating offices 
of the Administration, overseeing the programs and 
activities of each such office. 
(2) FUNCTIONS.—The functions of the Assist-
ant Administrators shall be specified by the Admin-
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istrator to fulfill the duties of the offices they over-
see and must be consistent with at least one of the 
three primary functions of the Administration, while 
minimizing overlap of such functions between them, 
including— 
(A) assessment, prediction, and operations; 
(B) management, especially ecosystem- 
based; and 
(C) research and education. 
(3) QUALIFICATIONS.—Each Assistant Admin-
istrator shall be appointed by the Administrator 
from among individuals who are qualified by reason 
of background and experience to direct the imple-
mentation and administration of the functions for 
which they are responsible shall be designated by the 
Secretary and must be consistent with at least one 
of the three primary functions of the Administra-
tion— 
(A) assessment, prediction, and operations; 
(B) management, especially ecosystem- 
based; and 
(C) research and education. 
(f) GENERAL COUNSEL.— 
(1) IN GENERAL.—There shall be in the Admin-
istration a General Counsel. The General Counsel 
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