I 
118TH CONGRESS 
1ST SESSION H. R. 3980 
To formally establish within statute an independent scientific research and 
development agency known as the National Oceanic and Atmospheric 
Administration, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 9, 2023 
Mr. LUCAS (for himself, Mr. WEBER of Texas, Mr. BABIN, Mr. BAIRD, Mr. 
MIKE
GARCIA
of California, Mrs. BICE, Mr. OBERNOLTE, Mr. 
FLEISCHMANN, Mr. ISSA, Mr. CRAWFORD, Ms. TENNEY, Mr. MILLER of 
Ohio, Mr. WILLIAMS of New York, and Mr. KEAN of New Jersey) intro-
duced the following bill; which was referred to the Committee on Science, 
Space, and Technology, and in addition to the Committee on Natural Re-
sources, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To formally establish within statute an independent scientific 
research and development agency known as 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘National Oceanic and Atmospheric Administration Act of 
2023’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Purpose. 
TITLE I—NATIONAL OCEANIC AND ATMOSPHERIC 
ADMINISTRATION 
Sec. 101. Establishment. 
Sec. 102. Functions of the Administrator. 
Sec. 103. Authority of the Administrator. 
Sec. 104. Science advisory board. 
TITLE II—GENERAL PROVISIONS 
Sec. 201. Recommendations to Congress. 
Sec. 202. Conforming repeals. 
Sec. 203. Savings provision. 
Sec. 204. Reorganization plan. 
Sec. 205. National Weather Service. 
Sec. 206. Office of Space Commerce. 
Sec. 207. Study. 
Sec. 208. Effective date. 
SEC. 2. PURPOSE. 
The purpose of this Act is to establish the National 
Oceanic and Atmospheric Administration as an inde-
pendent scientific research and development agency with 
an overarching statutory framework that focuses on Earth 
system science, maintaining the Administration’s core 
mission and functions while allowing it to restructure and 
prioritize under an organic statute. 
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TITLE 
I—NATIONAL 
OCEANIC 
AND ATMOSPHERIC ADMINIS-
TRATION 
SEC. 101. ESTABLISHMENT. 
(a) ESTABLISHMENT.—There is established in the ex-
ecutive branch an independent agency to be known as the 
National Oceanic and Atmospheric Administration (in this 
Act referred to as the ‘‘Administration’’). 
(b) ADMINISTRATOR.— 
(1) IN GENERAL.—The Administration shall be 
headed by an Administrator (in this Act referred to 
as the ‘‘Administrator’’), who shall be appointed by 
the President with the advice and consent of the 
Senate. The Administrator shall carry out the func-
tions described in section 102 and, in the perform-
ance of those functions, shall have the authorities 
described in section 103. 
(2) AUTHORITY.—Any authority, power, or 
function vested by law in the National Oceanic and 
Atmospheric Administration, in the Under Secretary 
of Commerce for Oceans and Atmosphere, or in any 
officer, employee, or part of the National Oceanic 
and Atmospheric Administration, or vested by law in 
the Secretary of Commerce and delegated to the 
Under Secretary of Commerce for Oceans and At-
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mosphere, or their designee, is vested in, and may 
be exercised by, the Administrator or their designee, 
as appropriate. 
(3) REFERENCES.—Any reference in law or 
regulation to the ‘‘Under Secretary of Commerce for 
Oceans and Atmosphere’’ shall be deemed to be a 
reference to the Administrator. 
(c) POSITIONS.—There shall be in the Administration 
the following: 
(1) A Deputy Administrator, to be appointed by 
the President with the advice and consent of the 
Senate, who shall carry out such duties as the Ad-
ministrator may prescribe. 
(2) An Associate Administrator for Environ-
mental Observation and Prediction, to be appointed 
by the President with the advice and consent of the 
Senate. 
(3) A Chief Scientist, to be appointed by the 
Administrator. 
(4) A General Counsel, to be appointed in ac-
cordance with section 5316 of title 5, United States 
Code. 
SEC. 102. FUNCTIONS OF THE ADMINISTRATOR. 
The Administrator shall— 
(1) plan, direct, and conduct— 
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(A) atmospheric, oceanic, hydrologic, Great 
Lakes, coastal, geodetic, geomagnetic, biologi-
cal, and social science and research, including 
monitoring, analyses, education, research to op-
erations, and operations to research; 
(B) Earth observations and space physics 
operations, which include space-based observa-
tions of the earth and sun; 
(C) ocean exploration, mapping, and char-
acterization; 
(D) atmospheric, terrestrial and space 
weather, climate, oceanic, hydrologic, Great 
Lakes, and coastal forecasting; 
(E) conservation, management, and protec-
tion of oceanic, hydrologic, Great Lakes, and 
coastal resources, and science, research, and 
analysis related to such resources; 
(F) oceanic, hydrologic, Great Lakes, and 
coastal response and restoration; 
(G) education, outreach, and associated ac-
tivities; 
(H) other areas of research related to the 
preceding items as determined appropriate by 
the Administrator; and 
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(I) enforcement of any other provision of 
Federal law that assigns enforcement authority 
to the Administration; 
(2) support the widest practicable participation 
by the scientific community, including participants 
in the private sector, academia, Federal, State, local, 
Tribal, and territorial governmental entities, Indige-
nous peoples, and other appropriate domestic and 
foreign governmental and non-governmental entities, 
in carrying out the activities described in paragraph 
(1), including through the acceptance by the Admin-
istration of private resources, which may include 
data, models, vessels, aircraft, satellites, buoys, and 
other related infrastructure, to carry out such activi-
ties; 
(3) provide for full and open public dissemina-
tion of information regarding activities, initiatives, 
methods, data, and results of the Administration, as 
appropriate, and in compliance with applicable law, 
including the acquisition of commercially sourced 
data; and 
(4) establish and promote an inclusive culture 
of scientific excellence and integrity. 
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SEC. 103. AUTHORITY OF THE ADMINISTRATOR. 
(a) OFFICERS
AND
EMPLOYEES.—The Adminis-
trator, in accordance with title 5, United States Code, may 
appoint and fix the compensation of such officers and em-
ployees as the Administrator determines appropriate, 
within the regulations and guidelines established by the 
Office of Personnel Management. 
(b) PROPERTY.—The Administrator may— 
(1) procure, acquire, construct, improve, repair, 
operate, and maintain such laboratories, research 
and testing sites and facilities, equipment, vessels, 
aircraft, buoys, satellites, surface observing sites, 
other similar infrastructure, autonomous or un-
manned vehicles, and office and educational facilities 
as the Administrator deems necessary; 
(2) lease real and personal property; 
(3) sell and otherwise dispose of real and per-
sonal property and reinvest any proceeds from such 
sale or disposition of property into recapitalization of 
property; and 
(4) provide by contract or otherwise for nec-
essary amenities for the welfare of employees and 
maintenance of property of the Administration. 
(c) GIFTS.—The Administrator may accept gifts or 
donations of services for the benefit of the agency, includ-
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ing money or property, whether real, personal, or mixed, 
and whether tangible or intangible. 
(d) CONTRACTS, LEASES, AND AGREEMENTS.—The 
Administrator may enter into and perform such contracts, 
leases, agreements (including cooperative agreements), or 
other transactions as may be necessary in the conduct of 
the work of the Administration. 
(e) COOPERATION WITH FEDERAL AGENCIES AND 
OTHERS.—The Administrator— 
(1) may use the services, equipment, personnel, 
land, and facilities of Federal, State, local, Tribal, 
and territorial governmental entities, Indigenous 
peoples, and other appropriate domestic and foreign 
governmental and non-governmental entities, with 
consent and with or without reimbursement; and 
(2) shall cooperate with such entities to permit 
their use of Administration services, equipment, 
land, and facilities in a manner consistent with the 
Administration’s mission. 
(f) INTERNATIONAL COOPERATION.—The Adminis-
tration, under the foreign policy guidance of the President, 
may engage in a program of international cooperation in 
work done pursuant to the Act, and in the peaceful appli-
cation of the results thereof, pursuant to agreements made 
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by the President with the advice and consent of the Sen-
ate. 
(g) ADVISORY
COMMITTEES.—The Administrator 
may appoint such advisory committees as the Adminis-
trator considers appropriate to provide consultation and 
advice. 
(h) OFFICES AND PROCEDURES.—The Administrator 
may establish within the Administration such offices and 
procedures as may be appropriate to provide for the great-
est possible coordination of its activities with related pub-
lic and private agencies and entities. 
SEC. 104. SCIENCE ADVISORY BOARD. 
(a) IN GENERAL.—There shall be within the Admin-
istration a Science Advisory Board, which shall provide 
such scientific advice as may be requested by the Adminis-
trator, the Committee on Science, Space, and Technology 
of the House of Representatives, or the Committee on 
Commerce, Science, and Transportation of the Senate. 
(b) PURPOSE.—The purpose of the Science Advisory 
Board is to advise the Administrator and Congress on 
long-range and short-range strategies for research, edu-
cation, and the application of science to resource manage-
ment and environmental assessment, observation, and pre-
diction. 
(c) MEMBERS.— 
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(1) IN GENERAL.—The Science Advisory Board 
shall be composed of at least 15 members appointed 
by the Administrator. Each member of the Board 
shall be qualified by education, training, and experi-
ence to evaluate scientific and technical information 
on matters referred to the Board under this section. 
(2) TERMS OF SERVICE.—Members shall be ap-
pointed for 3-year terms, renewable once, and shall 
serve at the discretion of the Administrator. An indi-
vidual serving a term as a member of the Science 
Advisory Board on the date of enactment of this Act 
may complete that term, and may be reappointed 
once for another term of 3 years unless the term 
being served on such date of enactment is the second 
term served by that individual. Vacancy appoint-
ments shall be for the remainder of the unexpired 
term of the vacancy, and an individual so appointed 
may subsequently be appointed for 2 full 3-year 
terms if the remainder of the unexpired term is less 
than 1 year. 
(3) CHAIRPERSON.—The Administrator shall 
designate a chairperson from among the members of 
the Board. 
(4) APPOINTMENT.—Members of the Science 
Advisory Board shall be appointed as special Gov-
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ernment employees, within the meaning given such 
term in section 202(a) of title 18, United States 
Code. 
(d) ADMINISTRATIVE PROVISIONS.— 
(1) ADMINISTRATIVE SUPPORT.—The Adminis-
trator shall provide administrative support to the 
Science Advisory Board. 
(2) MEETINGS.—The Science Advisory Board 
shall meet at least twice each year, and at other 
times at the call of the Administrator or the Chair-
person. 
(3) COMPENSATION AND EXPENSES.—A mem-
ber of the Science Advisory Board shall not be com-
pensated for service on such board, but may be al-
lowed travel expenses, including per diem in lieu of 
subsistence, in accordance with subchapter I of 
chapter 57 of title 5, United States Code. 
(4) SUBCOMMITTEES.—The Science Advisory 
Board may establish such subcommittees of its 
members as may be necessary. The Science Advisory 
Board may establish task forces and working groups 
consisting of Board members and outside experts as 
may be necessary. 
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