IB 
Union Calendar No. 385 
109TH CONGRESS 
2D SESSION 
H. R. 5450 
[Report No. 109–545, Part I] 
To provide for the National Oceanic and Atmospheric Administration, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2006 
Mr. EHLERS (for himself, Mr. BOEHLERT, and Mr. GILCHREST) introduced 
the following bill; which was referred to the Committee on Science, and 
in addition to the Committee on Resources, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
JUNE 29, 2006 
Reported from the Committee on Science with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JUNE 29, 2006 
Referral to the Committee on Resources extended for a period ending not later 
than September 11, 2006 
SEPTEMBER 11, 2006 
Additional sponsor: Mr. CALVERT 
SEPTEMBER 11, 2006 
Committee on Resources discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
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[For text of introduced bill, see copy of bill as introduced on May 22, 2006] 
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 Admin-
istrator of the National Oceanic and Atmospheric Ad-
ministration. 
(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. 
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(b) MISSION.—The mission of the Administration is 
to understand the systems of the Earth’s oceans and atmos-
phere and predict changes in the Earth’s oceans and atmos-
phere and the effects of such changes on the land environ-
ment, to conserve and manage coastal, ocean, and Great 
Lakes ecosystems to meet national economic, social, and en-
vironmental needs, and to educate the public about these 
topics. 
(c) FUNCTIONS.—The functions of the Administration 
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 estu-
aries, and hydrologic systems; 
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(3) using observational data and technologies de-
veloped by other Federal agencies to improve the Ad-
ministration’s operations; 
(4) conducting and supporting basic and applied 
research, development, and technology transfer as 
may be necessary to carry out the mission described 
in subsection (b); 
(5) issuing weather, water, climate, space weath-
er, tsunami, and other forecasts and warnings related 
to Earth’s oceans and atmosphere; 
(6) coordinating efforts of Federal agencies with 
respect to meteorological services; 
(7) understanding the science of Earth’s climate 
and related systems, and undertaking research and 
development to enhance society’s ability to plan for 
and respond to climate variability and change; 
(8) protecting, restoring, and managing the use 
of, the coasts, oceans, and Great Lakes through eco-
system-based research, development, demonstration, 
and management; 
(9) administering public outreach and education 
programs and services to increase scientific and envi-
ronmental literacy about weather and climate, solar 
and geophysical events on the Sun and in the space 
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environment, and the coasts, oceans, Great Lakes, 
upper reaches of estuaries, and hydrologic systems; 
(10) 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 meteorolog-
ical, climate, and Earth and ocean observing issues; 
(11) any other function assigned to the Adminis-
tration by law; and 
(12) such other functions as are necessary to ac-
complish the mission described in subsection (b). 
SEC. 4. ADMINISTRATION LEADERSHIP. 
(a) ADMINISTRATOR.— 
(1) IN GENERAL.—There shall be, as the Admin-
istrator of the Administration, an Under Secretary of 
Commerce for Oceans and Atmosphere. The Adminis-
trator shall be appointed by the President, by and 
with the advice and consent of the Senate. The Ad-
ministrator shall be paid at the rate of basic pay for 
level III of the Executive Schedule. 
(2) FUNCTIONS.—The Administrator shall be re-
sponsible for— 
(A) general management; 
(B) policy development and guidance; 
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(C) budget formulation, guidance, and exe-
cution; 
(D) serving as the Department of Commerce 
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 
(E) such other duties with respect to the Ad-
ministration as the Secretary may prescribe. 
(3) DELEGATION OF AUTHORITY.—The Adminis-
trator may, except as otherwise prohibited by law— 
(A) delegate any functions, powers, or du-
ties of the Administrator to such officers and em-
ployees of the Administration as the Adminis-
trator 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.— 
(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; 
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(ii) enter into and perform contracts, 
leases, grants, and cooperative agreements 
with Federal agencies, State and local gov-
ernments, Indian tribes, international orga-
nizations, foreign governments, educational 
institutions, nonprofit organizations, and 
commercial organizations; 
(iii) use, with their consent, and with 
or without reimbursement, the services, 
equipment, personnel, and facilities of other 
departments, agencies, and instrumental-
ities of the Federal Government; and 
(iv) conduct education and outreach in 
direct support of the mission described in 
section 3(b). 
(B) EXCEPTION.—The authorities conferred 
on the Administrator by this paragraph do not 
include the authority to contract for services that 
are an inherently governmental function as de-
fined in section 5 of the Federal Activities Inven-
tory Reform Act of 1998 (31 U.S.C. 501 note). 
(b) ASSISTANT SECRETARY FOR OCEANS AND ATMOS-
PHERE.— 
(1) IN GENERAL.—There shall be, as Deputy Ad-
ministrator of the Administration, an Assistant Sec-
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retary of Commerce for Oceans and Atmosphere. The 
Assistant Secretary shall be appointed by the Presi-
dent, by and with the advice and consent of the Sen-
ate. The Assistant Secretary shall be the Administra-
tor’s first assistant for purposes of subchapter III of 
chapter 33 of title 5, United States Code. The Assist-
ant 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 Administrator may prescribe and shall act as Ad-
ministrator during the absence or disability of the 
Administrator or in the event of a vacancy in the of-
fice of Administrator. 
(c) DEPUTY UNDER SECRETARY FOR OCEANS AND AT-
MOSPHERE.— 
(1) IN GENERAL.—There shall, be as the Chief 
Operating Officer of the Administration, a Deputy 
Under Secretary of Commerce for Oceans and Atmos-
phere. 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. 
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(2) 
FUNCTIONS.—The 
Deputy 
Under 
Sec-
retary— 
(A) shall ensure the timely and effective im-
plementation of Administration policies and ob-
jectives; 
(B) shall 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) 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 SCIENCE AND 
EDUCATION.— 
(1) IN GENERAL.—There shall be in the Admin-
istration a Deputy Assistant Secretary for Science 
and Education who shall coordinate and oversee the 
science and education activities of the Administration 
and their application to Administration decisions 
and operations. The Deputy Assistant Secretary for 
Science and Education shall be appointed by the Sec-
retary. The position of Deputy Assistant Secretary for 
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Science and Education 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 and Education shall— 
(A) coordinate research and development ac-
tivities across the Administration; 
(B) review the Administration’s annual 
budget to ensure that funding for research and 
development is adequate, properly focused, and 
carried out by the appropriate entities across the 
Administration; 
(C) advise the Administrator on how re-
search results can be applied to operational use; 
(D) advise the Administrator regarding 
science issues and their relationship to Adminis-
tration policies, procedures, and decisions; 
(E) participate in developing the Adminis-
tration’s strategic plans and policies and review 
the science and education aspects of those plans 
and policies; 
(F) serve as liaison to the nongovernmental 
science community; 
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(G) develop and oversee guidelines for peer 
review of research sponsored or conducted by the 
Administration; 
(H) oversee implementation of the strategic 
plan for research and development required 
under section 9(b); 
(I) oversee management of laboratories in 
the Administration; 
(J) oversee the research and education pro-
grams of the Administration; and 
(K) perform such other duties as the Ad-
ministrator shall prescribe. 
(3) QUALIFICATIONS.—An individual appointed 
under paragraph (1) shall be a person who has an 
outstanding science and education background, in-
cluding research accomplishments, scientific reputa-
tion, and public policy experience. 
(4) CONSULTATION.—Before appointing an indi-
vidual under paragraph (1), the Secretary shall con-
sult with the National Academy of Sciences, the 
Science Advisory Board of the Administration, and 
other appropriate scientific organizations. 
(e) DEPUTY ASSISTANT SECRETARIES.—There may be 
in the Administration no more than two additional Deputy 
Assistant Secretaries whose duties may be designated by the 
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Administrator. The Deputy Assistant Secretaries shall be 
appointed by the Secretary. The positions of Deputy Assist-
ant Secretaries shall be Senior Executive Service positions 
authorized under section 3133 of title 5, United States Code. 
(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 func-
tions of the Administration; and 
(B) shall perform such other functions and 
exercise such powers as the Administrator 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 re-
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