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 Com-
mittee 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 provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To establish the National Oceanic and Atmospheric Adminis-
tration (NOAA), to amend the organization and func-
tions of the NOAA Advisory Committee on Oceans and 
Atmosphere, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE 
I—NATIONAL 
OCEANIC 
AND ATMOSPHERIC ADMINIS-
TRATION ORGANIC ACT OF 
2004 
SECTION 101. SHORT TITLE. 
This Act may be cited as the ‘‘National Oceanic and 
Atmospheric Administration Organic Act of 2004’’. 
SEC. 102. ESTABLISHMENT. 
There is established within the Department of Com-
merce, the National Oceanic and Atmospheric Administra-
tion. 
SEC. 103. DEFINITIONS. 
As used in this Act: 
(1) The terms ‘‘NOAA’’ and ‘‘Administration’’ 
mean the National Oceanic and Atmospheric Admin-
istration established by section 102. 
(2) The term ‘‘Secretary’’ means the Secretary 
of Commerce. 
(3) The terms ‘‘Under Secretary’’ or ‘‘Adminis-
trator’’ mean the Under Secretary of Commerce for 
Oceans and Atmosphere and Administrator of the 
National Oceanic and Atmospheric Administration. 
(4) The terms ‘‘Assistant Secretary’’ or ‘‘Dep-
uty Administrator’’ mean the Assistant Secretary of 
Commerce for Oceans and Atmosphere and Deputy
Administrator of the National Oceanic and Atmos-
pheric Administration. 
SEC. 104. POSITIONS. 
(a) UNDER SECRETARY.—There shall be within 
NOAA an Under Secretary of Commerce for Oceans and 
Atmosphere and Administrator of the National Oceanic 
and Atmospheric Administration appointed by the Presi-
dent by and with the advice and consent of the Senate. 
Subject to the authority of the Secretary of Commerce, 
the Under Secretary shall be the head of NOAA and shall 
have authority, direction and control of NOAA. Any au-
thority, power or function vested by law in NOAA, or any 
officer, employee or part of NOAA, is vested in, and may 
be exercised by, the Under Secretary. The Under Sec-
retary may, without being relieved of the Under Sec-
retary’s responsibility, perform any of the Under Sec-
retary’s functions or duties, or exercise any of the Under 
Secretary’s powers through, or with the aid of, such per-
sons in, or organizations of, NOAA as the Under Sec-
retary may designate. 
(b) ASSISTANT SECRETARY.—There shall be within 
NOAA an Assistant Secretary of Commerce for Oceans 
and Atmosphere and Deputy Administrator of the Na-
tional Oceanic and Atmospheric Administration. The As-
sistant Secretary shall be appointed by the President, by
and with the advice and consent of the Senate. The Assist-
ant Secretary shall perform such functions as the Under 
Secretary may prescribe. The Assistant Secretary shall 
perform the functions of the Under Secretary during the 
disability of the Under Secretary or when the office of 
Under Secretary is vacant. 
(c) DEPUTY UNDER SECRETARY.—There shall be 
within NOAA a Deputy Under Secretary of Commerce for 
Oceans and Atmosphere appointed in the Senior Executive 
Service, without regard to limitations under section 3133 
of Title 5, United States Code, by the Secretary. The Dep-
uty Under Secretary shall perform the functions of the 
Assistant Secretary during the disability of the Assistant 
Secretary or when the office of Assistant Secretary is va-
cant. 
(d) ESTABLISHMENT OF ADDITIONAL POSITIONS.— 
To carry out the functions of NOAA assigned by law, and 
consistent with applicable law including title II of the Na-
tional Oceanic and Atmospheric Administration Commis-
sioned Officer Corps Act of 2002 (Public Law 107–372), 
the Under Secretary may establish positions within NOAA 
and prescribe the authorities and duties of such positions. 
SEC. 105. PURPOSES AND AUTHORITIES. 
(a) PURPOSES.—NOAA’s purposes shall be to:
(1) observe, assess and predict the status of 
and changes in ocean, coastal, and Great Lakes eco-
systems, and in the atmosphere, including the near- 
space environment; 
(2) manage, protect and restore the Nation’s 
ocean, coastal and Great Lakes areas, living and 
nonliving marine resources, including fisheries, and 
vulnerable species and habitats, including ecosystem 
approaches; 
(3) collect, store, analyze and provide reliable 
scientific data and information through means in-
cluding research, observations (in-situ and remotely 
sensed), forecasts and assessments relating to 
weather (including space weather), climate, air qual-
ity, water, marine resources and ecosystems that can 
be used as a basis for sound management and public 
safety decisions; 
(4) protect lives and property and expand eco-
nomic opportunities; and 
(5) pursue its purposes complementary to, and 
in partnership with, Federal agencies, instrumental-
ities and laboratories; State and local governments; 
Native American tribes and organizations; inter-
national organizations; foreign governments; edu-
cational institutions; nonprofit organizations; com-
nizations; and other public and private persons or 
entities. 
(4) Authority to accept from any source, hold, 
administer, invest, dispose of and utilize gifts, be-
quests, or devises of services, money, securities or 
property (whether real, personal, intellectual or of 
any other kind) or any interest therein, and the in-
come therefrom or the proceeds upon disposition 
thereof, without regard to section 1342 of Title 31, 
United States Code, and such money, income or pro-
ceeds shall be available to NOAA for obligation and 
expenditure to carry out the purposes of NOAA 
under this Act. 
(5) Authority to use, with their consent, and 
with or without reimbursement, the services, equip-
ment, personnel, and facilities of: Federal agencies, 
instrumentalities and laboratories; State and local 
governments; Native American tribes and organiza-
tions; international organizations; foreign govern-
ments; educational institutions; nonprofit organiza-
tions; commercial organizations; and other public 
and private persons or entities. 
(6) Authority to disseminate information and 
conduct education and outreach in direct support of 
the purposes outlined under section 105(a).
(7) Authority to— 
(A) acquire (by purchase, lease, or other-
wise), lease, invest, sell, dispose of or convey 
services, money, securities or property (whether 
real, personal, intellectual or of any other kind) 
or interest therein; and 
(B) construct, improve, repair, operate, 
maintain and dispose of real or personal prop-
erty, including but not limited to buildings, fa-
cilities, and land. 
(8) Authority to— 
(A) purchase or hire passenger motor vehi-
cles as necessary for the implementation of this 
Act; 
(B) procure the services of experts or con-
sultants (or of organizations of experts or con-
sultants) as described in and in accordance with 
the first two sentences of section 3109(b) of 
Title 5, and, when determined necessary by the 
Under Secretary, without regard to the time 
limitation in the first sentence of section 
3109(b), at respective daily rates of pay for in-
dividuals which are not more than the daily 
equivalent of the rate of basic pay then cur-
rently paid for Level III of the Executive
Schedule of section 5313 of Title 5, and pay in 
connection with such services travel expenses of 
individuals, including transportation and per 
diem in lieu of subsistence while such individ-
uals are traveling from their homes or places of 
business to official duty stations and return as 
may be authorized by law; 
(C) install, repair, and maintain telephones 
and telephone wiring and pay telephone service 
tolls or other charges with respect to residences 
owned or leased by the United States Govern-
ment and, to the extent necessary to implement 
this Act, other private residences, without re-
gard to section 1348 of Title 31, United States 
Code; and 
(D) expend appropriations for official re-
ception and representation. 
(c) PROTECTION AGAINST MISUSE OF NAME, INI-
TIALS AND SEAL.— 
(1) No person may, except with the written per-
mission of the Under Secretary, knowingly use the 
words ‘‘National Oceanic and Atmospheric Adminis-
tration’’, the initials ‘‘NOAA’’, the seal of NOAA, or 
the name, acronym or seal of any component or pro-
gram of NOAA, or any colorable imitation of such
words, initials, or seal in connection with any mer-
chandise, impersonation, solicitation, or commercial 
activity in a manner reasonably calculated to convey 
the impression that such use is approved, endorsed, 
or authorized by NOAA, or is likely to cause confu-
sion as to the source or origin of goods or services 
provided therewith. 
(2) Whenever it appears to the Attorney Gen-
eral that any person is engaged or is about to en-
gage in an act or practice which constitutes or will 
constitute conduct prohibited by subparagraph (1), 
the Attorney General may initiate a civil proceeding 
in a district court of the United States to enjoin 
such act or practice. Such court shall proceed as 
soon as practicable to the hearing and determination 
of such action and may, at any time before final de-
termination, enter such restraining orders or prohi-
bitions, or take such other action as is warranted, to 
prevent injury to the United States or to any person 
or class of persons for whose protection the action 
is brought. 
SEC. 106. CONFORMING AMENDMENTS, REPEALS AND 
TRANSITION. 
(a) The Reorganization Plan No. 4 of 1970 (5 U.S.C. 
App. 1) is repealed.
(b) Any reference, in any law, rule, regulation, direc-
tive, or instruction, or certificate or other official docu-
ment, in force immediately prior to enactment of this 
Act— 
(1) to the National Oceanic and Atmospheric 
Administration shall be deemed to refer and apply to 
the National Oceanic and Atmospheric Administra-
tion established by section 102 of this Act; 
(2) to the Under Secretary of Commerce for 
Oceans and Atmosphere, or to the Administrator of 
the National Oceanic and Atmospheric Administra-
tion, shall be deemed to refer and apply to the 
Under Secretary of Commerce for Oceans and At-
mosphere and Administrator of the National Oceanic 
and Atmospheric Administration to whom subsection 
104(a) of this Act refers; and 
(3) to any other position in NOAA shall be 
deemed to refer and apply to that same position in 
the National Oceanic and Atmospheric Administra-
tion established by section 102 of this Act. 
(c) Subsections 407(a) and 407(b) of Public Law 99– 
659 (15 U.S.C. 1503b and 1507c) are repealed. 
(d) CONFORMING
AMENDMENTS
TO
EXECUTIVE 
SCHEDULE.—Title 5 of the United States Code is amend-
ed—
(1) in section 5314, by striking ‘‘Under Sec-
retary of Commerce for Oceans and Atmosphere, the 
incumbent of which also serves as Administrator of 
the National Oceanic and Atmospheric Administra-
tion.’’ and inserting in lieu thereof ‘‘Under Secretary 
of Commerce for Oceans and Atmosphere and Ad-
ministrator of the National Oceanic and Atmos-
pheric Administration.’’; and 
(2) in section 5315, by striking ‘‘Assistant Sec-
retary of Commerce for Oceans and Atmosphere, the 
incumbent of which also serves as Deputy Adminis-
trator of the National Oceanic and Atmospheric Ad-
ministration.’’ and inserting in lieu thereof ‘‘Assist-
ant Secretary of Commerce for Oceans and Atmos-
phere and Deputy Administrator of the National 
Oceanic and Atmospheric Administration.’’. 
(e) TRANSITION; INITIAL APPOINTMENTS.—Notwith-
standing any provision in subsections 104(a) and (b) of 
this Act to the contrary, the first individual appointed to 
the position of Under Secretary, and the first individual 
appointed to the position of Assistant Secretary, shall be 
appointed by the President alone. 
SEC. 107. SAVINGS PROVISION. 
All rules and regulations, determinations, standards, 
contracts, certifications, authorizations, appointments,
delegations, results and findings of investigations, or other 
actions duly issued, made, or taken by or pursuant to or 
under the authority of any statute which resulted in the 
assignment of functions or activities to the Secretary, the 
Department of Commerce, the Under Secretary, or any 
other official of NOAA, as are in effect immediately before 
enactment of this Act shall continue in full force and effect 
after enactment of this Act until modified or rescinded. 
SEC. 108. NO EFFECT ON OTHER AUTHORITIES. 
This Act does not amend or alter the provisions of 
other applicable acts unless otherwise noted. Nothing in 
this Act shall derogate from the duties and functions of 
any other agency or otherwise alter current authorities re-
lating to those agencies. 
TITLE II—NOAA ADVISORY COM-
MITTEE ON OCEANS AND AT-
MOSPHERE 
SEC. 201. AMENDMENTS. 
Sections 2 through 8 of the National Advisory Com-
mittee on Oceans and Atmosphere Act of 1977 (Public 
Law 95–63, as amended, 33 U.S.C. 857–13 through 857– 
18) are amended as follows: 
(1) In section 2 (33 U.S.C. 857–13), delete the 
phrase ‘‘18 members to be’’.
(2) Subsection 3(a) (33 U.S.C. 857–14(a)) is 
amended to read as follows: 
‘‘(a) APPOINTMENT AND QUALIFICATIONS.— 
‘‘(1) The members of the Committee, who may 
not be full-time officers or employees of the United 
States, shall be appointed by the Under Secretary of 
Commerce for Oceans and Atmosphere (hereinafter 
the Under Secretary). Members shall be appointed 
only from among individuals who are eminently 
qualified by way of knowledge and expertise in one 
or more of the purposes of the National Oceanic and 
Atmospheric Administration. 
‘‘(2) The Under Secretary shall appoint, as 
original members, any current members of the Na-
tional Oceanic and Atmospheric Administration 
Science Advisory Board who wish to serve in such 
capacity, together with any additional qualified indi-
viduals necessary to fulfill the purposes of the Com-
mittee.’’. 
(3) Subsection 3(b) (33 U.S.C. 857–14(b)) is 
revised to read as follows: 
‘‘(b) TERMS.— 
‘‘(1) The term of office of a member of the 
Committee shall be 3 years; except that initial terms
of the original appointees shall be staggered to as-
sure continuity of administration. 
‘‘(2) Any individual appointed to fill a vacancy 
occurring before the expiration of the term for which 
his or her predecessor was appointed shall be ap-
pointed for the remainder of such term. No indi-
vidual may serve for more than two consecutive 
three-year terms. A member may serve after the 
date of the expiration of the term of office for which 
appointed until his or her successor has taken of-
fice.’’. 
(4) In subsection 3(c) (33 U.S.C. 857–14(c)), 
delete ‘‘President’’ and insert in lieu thereof ‘‘Under 
Secretary’’. 
(5) Subsection 3(d) (33 U.S.C. 857–14(d)) is 
revised to read as follows: 
‘‘(d) DUTIES.—The Committee shall advise the 
Under Secretary with respect to the programs adminis-
tered by the National Oceanic and Atmospheric Adminis-
tration.’’. 
(6) Delete sections 4 and 6 (33 U.S.C. 857–15 
and 857–17, respectively), and renumber the re-
maining sections accordingly. In new section 4, de-
lete ‘‘for a GS–18’’ and insert in lieu thereof ‘‘pro-
vided for Level IV of the Executive Schedule Pay 
Rates’’. 
(7) By striking ‘‘National Advisory Committee 
on Oceans and Atmosphere’’ wherever that term 
may appear in sections 2 through 8 of the National 
Advisory Committee on Oceans and Atmosphere Act 
of 1977 (Public Law 95–63, an amended, 33 U.S.C. 
857–13 through 857–18) and substitute in lieu 
thereof ‘‘NOAA Advisory Committee on Oceans and 
Atmosphere’’. 
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