I 
109TH CONGRESS 
1ST SESSION 
H. R. 50 
To provide for the National Oceanic and Atmospheric Administration, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2005 
Mr. EHLERS introduced the following bill; which was referred to the Com-
mittee on Science, and in addition to the Committee on Resources, 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 provide for the National Oceanic and Atmospheric 
Administration, 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. 
This Act may be cited as the ‘‘National Oceanic and 
Atmospheric Administration Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) The term ‘‘Administration’’ means the Na-
tional Oceanic and Atmospheric Administration.
(2) The term ‘‘Administrator’’ means the Ad-
ministrator of the National Oceanic and Atmos-
pheric Administration. 
(3) The term ‘‘Secretary’’ means the Secretary 
of Commerce. 
SEC. 3. NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS-
TRATION. 
(a) IN GENERAL.—There shall be in the Department 
of Commerce an agency known as the National Oceanic 
and Atmospheric Administration. 
(b) MISSION.—The mission of the Administration is 
to understand the systems of the Earth’s oceans and at-
mosphere and predict changes in the Earth’s oceans and 
atmosphere and the effects of such changes on the land 
environment, to conserve and manage coastal, ocean, and 
Great Lakes ecosystems to meet national economic, social, 
and environmental needs, and to educate the public about 
these topics. 
(c) FUNCTIONS.—The functions of the Administra-
tion shall include— 
(1) 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; 
(2) 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 
the coasts, oceans, Great Lakes, upper reaches of es-
tuaries, and hydrologic systems; 
(3) conducting and supporting basic and ap-
plied research and development of technology as may 
be necessary to carry out the mission described in 
subsection (b); 
(4) issuing weather, water, climate, and space 
weather forecasts and warnings; 
(5) coordinating efforts of Federal agencies in 
support of national and international programs with 
respect to meteorological services; 
(6) understanding the science of Earth’s cli-
mate and related systems, and undertaking research, 
development, and demonstration to enhance society’s 
ability to plan for and respond to climate variability 
and change; 
(7) protecting, restoring, and managing the use 
of the coasts, oceans, and Great Lakes through eco-
system-based research, development, demonstration, 
and management; 
(8) coordinating efforts of Federal agencies in 
support of national and international programs with 
respect to integrated Earth observing systems; 
(9) administering public outreach and education 
programs and services to increase scientific and en-
vironmental literacy about weather and climate, 
solar and geophysical events on the Sun and in the 
space environment, and the coasts, oceans, Great 
Lakes, upper reaches of estuaries, and hydrologic 
systems; 
(10) cooperating with international organiza-
tions and scientists in bilateral and multilateral re-
search, development, conservation, and service pro-
grams related to coastal, ocean, Great Lakes, weath-
er, and climate issues; and 
(11) any other function assigned to the Admin-
istration by law. 
SEC. 4. ADMINISTRATION LEADERSHIP. 
(a) 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 Administrator shall be paid at the rate of 
basic pay for level III of the Executive Schedule. 
(2) FUNCTIONS.—The Administrator shall per-
form such functions and exercise such powers with 
respect to the Administration as the Secretary may 
prescribe, including— 
(A) general management; 
(B) policy development and guidance; 
(C) budget formulation, guidance, and exe-
cution; and 
(D) 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. 
(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) AUTHORITIES.—The Administrator shall 
have the authority to enter into and perform such 
contracts, leases, grants, and cooperative agreements 
with Federal agencies, State and local governments, 
Indian tribes, international organizations, foreign 
governments, educational institutions, nonprofit or-
ganizations, and commercial organizations, as may 
be necessary and proper to carry out the Adminis-
tration’s functions under this Act or as otherwise 
provided by law. 
(b) ASSISTANT SECRETARY FOR OCEANS AND AT-
MOSPHERE.— 
(1) IN GENERAL.—There shall be, as Deputy 
Administrator of 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 the Admin-
istrator’s first assistant for purposes of subchapter 
III of chapter 33 of title 5, United States Code. The
Assistant Secretary shall be paid at the rate of basic 
pay for level IV of the Executive Schedule. 
(2) FUNCTIONS.—The Assistant Secretary shall 
perform such functions and exercise such powers as 
the Secretary or Administrator may prescribe and 
shall act as Administrator during the absence or dis-
ability of the Administrator or in the event of a va-
cancy in the office of Administrator. 
(c) DEPUTY UNDER SECRETARY FOR OCEANS AND 
ATMOSPHERE.— 
(1) IN GENERAL.—There shall, be as the Chief 
Operating Officer of the Administration, a Deputy 
Under Secretary of Commerce for Oceans and At-
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 Sec-
retary— 
(A) shall ensure the timely and effective 
implementation of Administration policies and 
objectives; 
(B) shall be responsible for all aspects of 
the Administration’s operations and manage-
ment, including budget, financial operations, in-
formation services, facilities, human resources, 
procurements, and associated services; 
(C) in the absence or disability of the As-
sistant Secretary, or in the event of a vacancy 
in such position, shall act in that position; and 
(D) shall perform such other duties as the 
Administrator shall prescribe. 
(d) DEPUTY ASSISTANT SECRETARY FOR OCEANS 
AND ATMOSPHERE.— 
(1) IN GENERAL.—There shall be in the Admin-
istration a Deputy Assistant Secretary for Oceans 
and Atmosphere. The Deputy Assistant Secretary 
for Oceans and Atmosphere shall be appointed by 
the Secretary. The position of Deputy Assistant Sec-
retary for Oceans and Atmosphere shall be a Senior 
Executive Service position authorized under section 
3133 of title 5, United States Code. 
(2) FUNCTIONS.—The Deputy Assistant Sec-
retary for Oceans and Atmosphere— 
(A) shall serve as an advisor to the Admin-
istrator on program and policy issues related to 
environmental policy, strategic planning, and 
program analysis;
(B) shall ensure the timely and effective 
implementation of Administration policies and 
objectives related to environmental policy, stra-
tegic planning, and program analysis; and 
(C) shall perform such other duties as the 
Administrator shall prescribe. 
(e) DEPUTY ASSISTANT SECRETARY FOR SCIENCE, 
TECHNOLOGY, EDUCATION, AND OUTREACH.— 
(1) IN GENERAL.—There shall be in the Admin-
istration a Deputy Assistant Secretary for Science, 
Technology, Education, and Outreach, who shall co-
ordinate and oversee the science and technology ac-
tivities of the Administration and ensure that Ad-
ministration decisions are informed by the results of 
appropriate and relevant research. The Deputy As-
sistant Secretary for Science, Technology, Edu-
cation, and Outreach shall be appointed by the Sec-
retary. The position of Deputy Assistant Secretary 
for Science, Technology, Education, and Outreach 
shall be a Senior Executive Service career reserved 
position as defined in section 3132(a)(8) of title 5, 
United States Code. 
(2) FUNCTIONS.—The Deputy Assistant Sec-
retary for Science, Technology, Education, and Out-
reach shall—
(A) coordinate research and development 
activities across the Administration, including 
coordination of research and development budg-
ets; 
(B) advise the Administrator on how re-
search activities can be applied to operational 
use; 
(C) provide advice to the Administrator re-
garding science and technology issues and their 
relationship to Administration policies, proce-
dures, and decisions; 
(D) participate in developing the Adminis-
tration’s strategic plans and policies and review 
the science and technology aspects of those 
plans and policies; 
(E) develop and oversee guidelines for the 
dissemination to the public of results from re-
search and development conducted, sponsored, 
or cited by the Administration; 
(F) serve as liaison to the nongovern-
mental science and technology community; 
(G) develop and oversee guidelines for peer 
review of science and technology research spon-
sored by the Administration;
(H) oversee implementation of the stra-
tegic plan for science and technology research, 
development, and demonstration required under 
section 10(b); 
(I) oversee management of research labora-
tories in the Administration; 
(J) oversee the research and education 
programs of the Administration; and 
(K) perform such other duties as the Sec-
retary or Administrator shall prescribe. 
(3) QUALIFICATIONS.—An individual appointed 
under paragraph (1) shall be a person who has an 
outstanding science and technology background, in-
cluding research accomplishments, scientific reputa-
tion, and public policy experience. 
(4) CONSULTATION.—Before appointing an in-
dividual under paragraph (1), the Secretary shall 
consult with the National Academy of Sciences, the 
Science Advisory Board of the Administration, and 
other appropriate scientific organizations. 
(f) GENERAL COUNSEL.— 
(1) IN GENERAL.—There shall be in the Admin-
istration a General Counsel. The General Counsel 
shall be appointed by the Secretary. The General
Counsel shall be paid at the rate of basic pay for 
level V of the Executive Schedule. 
(2) FUNCTIONS.—The General Counsel— 
(A) 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 
(B) shall perform such other functions and 
exercise such powers as the Secretary or Ad-
ministrator may prescribe. 
(g) CONTINUATION
OF SERVICE.—Any individual 
serving on the effective date of this Act in a position pro-
vided for in this Act may continue to serve in that position 
until a successor is appointed under this Act. Nothing in 
this Act shall be construed to require the appointment of 
a successor under this Act sooner than would have been 
required under law as in effect before the effective date 
of this Act. 
SEC. 5. NATIONAL WEATHER SERVICE. 
(a) IN GENERAL.—The Secretary shall maintain 
within the Administration a National Weather Service. 
(b) MISSION.—The mission of the National Weather 
Service is to provide weather, water, climate, and space 
weather forecasts and warnings for the United States, its 
territories, adjacent waters, and ocean areas for the pro-