IIB 
109TH CONGRESS 
2D SESSION 
H. R. 5450 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 21, 2006 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
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, 
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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. 
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(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) using observational data and technologies 
developed by other Federal agencies to improve the 
Administration’s operations; 
(4) 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); 
(5) issuing weather, water, climate, space 
weather, tsunami, and other forecasts and warnings 
related to Earth’s oceans and atmosphere; 
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(6) coordinating efforts of Federal agencies 
with respect to meteorological services; 
(7) understanding the science of Earth’s cli-
mate 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 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) 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; 
(11) any other function assigned to the Admin-
istration by law; and 
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(12) such other functions as are necessary to 
accomplish the mission described in subsection (b). 
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 be 
responsible for— 
(A) general management; 
(B) policy development and guidance; 
(C) budget formulation, guidance, and exe-
cution; 
(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; and 
(E) such other duties with respect to the 
Administration as the Secretary may prescribe. 
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(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.— 
(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) enter into and perform contracts, 
leases, grants, and cooperative agreements 
with Federal agencies, State and local gov-
ernments, Indian tribes, international or-
ganizations, foreign governments, edu-
cational institutions, nonprofit organiza-
tions, and commercial organizations; 
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(iii) 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; 
and 
(iv) conduct education and outreach 
in direct support of the mission described 
in section 3(b). 
(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.— 
(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 
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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 Administrator may prescribe and shall act as 
Administrator 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 
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; 
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(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 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 Administra-
tion and their application to Administration deci-
sions and operations. The Deputy Assistant Sec-
retary for Science and Education shall be appointed 
by the Secretary. The position of Deputy Assistant 
Secretary for Science and Education shall be a Sen-
ior Executive Service career reserved position as de-
fined in section 3132(a)(8) of title 5, United States 
Code. 
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(2) FUNCTIONS.—The Deputy Assistant Sec-
retary for Science and Education shall— 
(A) coordinate research and development 
activities 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 nongovern-
mental science community; 
(G) develop and oversee guidelines for peer 
review of research sponsored or conducted by 
the Administration; 
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(H) oversee implementation of the stra-
tegic plan for research and development re-
quired under section 9(b); 
(I) oversee management of laboratories in 
the Administration; 
(J) oversee the research and education 
programs 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 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. 
(e) DEPUTY ASSISTANT SECRETARIES.—There may 
be in the Administration no more than two additional 
Deputy Assistant Secretaries whose duties may be des-
ignated by the Administrator. The Deputy Assistant Sec-
retaries shall be appointed by the Secretary. The positions 
of Deputy Assistant Secretaries shall be Senior Executive 
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