Home > 105th Congressional Bills > H.R. 985 (eh) To provide for the expansion of the Eagles Nest Wilderness within Arapaho and White River National Forests, Colorado, to include the lands known as the Slate Creek Addition upon the acquisition of the lands by the United States. %%Filename:...H.R. 985 (eh) To provide for the expansion of the Eagles Nest Wilderness within Arapaho and White River National Forests, Colorado, to include the lands known as the Slate Creek Addition upon the acquisition of the lands by the United States. %%Filename:...
108th CONGRESS
1st Session
H. R. 984
To improve the conservation and management of coastal and ocean
resources by reenacting and clarifying provisions of a reorganization
plan authorizing the National Oceanic and Atmospheric Administration.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2003
Mr. Gilchrest 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 provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To improve the conservation and management of coastal and ocean
resources by reenacting and clarifying provisions of a reorganization
plan authorizing the National Oceanic and Atmospheric Administration.
Be it enacted by the Senate and House of Representatives 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 of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(2) Function.--The term ``function'' includes any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
(3) Office.--The term ``office'' includes any office,
institute, council, unit, organizational entity, or component
thereof.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Oceans and Atmosphere
appointed under section 102.
SEC. 3. ORGANIZATION OF ADMINISTRATION.
(a) In General.--There shall be in the Department of Commerce an
agency known as the National Oceanic and Atmospheric Administration.
(b) Primary Missions.--The primary missions of the Administration
are the following:
(1) The provision and certification of hydrographic and
geodetic products and data.
(2) The conservation and management of the Nation's coastal
and marine resources.
(3) The exploration of the oceans and the Great Lakes.
(4) To further human understanding of--
(A) the oceans and the Great Lakes;
(B) the earth's atmosphere; and
(C) the functional relationship of the oceans and
the atmosphere.
(5) Forecasting the Nation's weather and climate.
(c) Components.--The Secretary shall maintain within the
Administration the following components:
(1) The National Coast and Ocean Service.
(2) The National Oceanic and Atmospheric Research Service.
(3) The National Marine Fisheries Service.
(4) The National Weather Service.
(5) The National Environmental Satellite and Data
Information Service.
(6) The Office of Marine and Aviation Operations.
(7) Such other components as the Secretary considers
necessary.
(d) Functions.--The Administration shall perform such functions as
were vested in the Administration or any officer, employee, or office
of the Administration immediately before the enactment of this Act,
except as may be provided otherwise by law or by a redelegation of
authority after that date by the President, the Secretary of Commerce,
or any other officer of the United States who delegated such function
to the Administration before that date or who is otherwise authorized
to make such a redelegation.
SEC. 4. UNDER SECRETARY FOR OCEANS AND ATMOSPHERE.
(a) In General.--There shall be at the head of the Administration
the Under Secretary of Commerce for Oceans and Atmosphere. The Under
Secretary shall be appointed by the President, by and with the advice
and consent of the Senate. The Under Secretary shall be paid at the
rate of basic pay for level III of the Executive Schedule.
(b) Functions.--Subject to the authority, direction, and control of
the Secretary, the Under Secretary shall perform such functions and
exercise such powers with respect to the Administration as the
Secretary may prescribe, including the following:
(1) Serve as the Administrator of the National Oceanic and
Atmospheric Administration.
(2) General management.
(3) Policy development and guidance.
(4) Budget formulation, guidance, and execution, and other
financial matters.
(5) Resource requirements determination and allocation.
(6) Program management and direction.
(7) Environment, safety, and health operations.
(8) Administration of contracts, real property, and
facilities.
(9) Personnel, including the selection, appointment,
distribution, supervision, compensation, and separation of
personnel.
(10) Procurement of services of experts and consultants in
accordance with section 3109 of title 5, United States Code.
(11) External affairs, including legal, legislative, and
public affairs, and serving as liaison with other elements of
the Department of Commerce and with other Federal agencies,
State, tribal, and local governments, and the public.
SEC. 5. ASSISTANT SECRETARY FOR OCEANS AND ATMOSPHERE.
(a) In General.--There shall be in 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 paid at the
rate of basic pay for level IV of the Executive Schedule.
(b) Functions.--The Assistant Secretary--
(1) shall perform such functions and exercise such powers
as the Secretary or Under Secretary may prescribe; and
(2) shall act as Under Secretary during the absence or
disability of the Under Secretary or in the event of a vacancy
in the office of Under Secretary.
SEC. 6. DEPUTY UNDER SECRETARY.
(a) In General.--There shall be in the Administration a Deputy
Under Secretary for Oceans and Atmosphere. The Deputy Under Secretary
shall be appointed by the Secretary. The position of Deputy Under
Secretary shall be a Senior Executive Service general position as
defined in section 3132(a)(9) of title 5, United States Code, (for
purposes of subchapter II of chapter 31 of title 5, United States
Code).
(b) Functions.--Subject to the authority, direction, and control of
the Secretary and the Under Secretary, the Deputy Under Secretary--
(1) shall serve as an advisor to the Under Secretary and to
the Assistant Secretary on all program and policy issues;
(2) shall be responsible for ensuring the timely and
effective implementation of the Administration policies and
objectives; and
(3) in the absence or disability of the Under Secretary or
Assistant Secretary, or in the event of a vacancy in either
such position, shall act in that position.
SEC. 7. GENERAL COUNSEL.
(a) In General.--There shall be in the Administration a General
Counsel. The General Counsel shall be appointed by the Secretary. The
position of General Counsel shall be a Senior Executive Service general
position as defined in section 3132(a)(9) of title 5, United States
Code, (for purposes of subchapter II of chapter 31 of title 5, United
States Code).
(b) Functions.--Subject to the authority, direction, and control of
the Secretary and the Under Secretary, the General Counsel--
(1) 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
(2) shall perform such other functions and exercise such
powers as the Secretary or Under Secretary may prescribe.
SEC. 8. ASSISTANT ADMINISTRATORS.
(a) In General.--There shall be in the Administration the
following:
(1) An Assistant Administrator for Coastal and Ocean
Services.
(2) An Assistant Administrator for Oceanic and Atmospheric
Research.
(3) An Assistant Administrator for Fisheries.
(4) An Assistant Administrator for Weather.
(5) An Assistant Administrator for Environmental Satellite
Data and Information.
(6) An Assistant Administrator for Program Planning and
Integration.
(7) A Director of Marine and Aviation Operations and the
Commissioned Officer Corps.
(b) Appointment.--Each Assistant Administrator and the Director
referred to in subsection (a) shall be appointed by the Secretary. Each
Assistant Administrator position shall be a Senior Executive Service
general position as defined in section 3132(a)(9) of title 5, United
States Code (for purposes of subchapter II of chapter 31 of title 5,
United States Code).
(c) Qualifications.--Each Assistant Administrator and the Director
referred to in subsection (a) shall be an individual who is qualified
by reason of background and experience to direct the implementation and
administration of the functions for which they are responsible.
(d) Functions.--Each Assistant Administrator and the Director
referred to in subsection (a), under the authority, direction, and
control of the Under Secretary, shall perform such functions and
exercise such powers as the Under Secretary may prescribe.
SEC. 9. CONTINUATION OF SERVICE.
Any individual serving on the date of the enactment of this Act in
a position provided for in this Act may continue to serve in that
position until a successor is appointed under this Act.
SEC. 10. SCIENCE ADVISORY BOARD.
(a) In General.--There shall be in the Administration a Science
Advisory Board, which shall report to the Under Secretary.
(b) Purpose.--The purpose of the Science Advisory Board is to
advise the Under Secretary on long-range and short-range strategies for
research, education, and application of science to resource management
and environmental assessment and prediction.
(c) Members.--
(1) In general.--The Science Advisory Board shall consist
of members appointed by the Under Secretary to assure a
balanced representation among preeminent scientists, engineers,
educators, industry, and science policy experts reflecting the
full breadth of the Administration's areas of responsibility.
(2) Criteria for selection.--The Under Secretary shall
develop and apply standard criteria for the selection of
members of the Science Advisory Board. -
(3) Terms.--(A) Members of the Science Advisory Board shall
be appointed for a 3-year term, may be reappointed once, and
shall serve at the discretion of the Under Secretary.
(B) An individual serving a term as a member of the Science
Advisory Board on the date of enactment of this section may
complete that term, and may be reappointed once for another
term of 3 years.
(4) Compensation and expenses.--A member of the Science
Advisory Board shall not be compensated for service on such
board, but upon request by the member may be allowed travel
expenses, including per diem in lieu of subsistence, in
accordance with subchapter I of chapter 57 of title 5, United
States Code.
(5) Ethical standards.--Members of the Science Advisory
Board shall be subject to the ethical standards applicable to
special Government employees.
(d) Chairperson.--The Under Secretary shall designate one of the
members of the Science Advisory Board as the Chairperson of such board.
(e) Meetings.--The Science Advisory Board shall meet at least twice
each year, and at other times at the call of the Under Secretary or the
Chairperson.
(f) Administrative Support.--The Under Secretary shall provide
administrative support to the Science Advisory Board.
SEC. 11. GENERAL AUTHORITIES.
(a) Grants, Contracts, and Cooperative Agreements.--In carrying out
the programs and activities authorized for the Administration, the
Secretary--
(1) may enter into grants, contracts, or cooperative
agreements with Federal agencies, States, local governments,
regional agencies, interstate agencies, or other persons; and
(2) through the Administration, may apply for, accept, and
use grants or funds from such entities.
(b) Resource Sharing Agreements.--The Secretary, in carrying out
the functions of the Administration, and under terms and conditions
established by the Secretary--
(1) may enter into resource sharing agreements with States,
local governments, or Federal agencies to accept or provide for
funds and the use of personnel, services, equipment, or
facilities on a reimbursable, nonreimbursable, or shared basis;
and
(2) may enter into resource sharing agreements with other
Federal agencies to accept, or provide, personnel, services,
equipment, facilities, or funds, or participate in interagency
financing with other Federal agencies, to the extent necessary
to fulfill the objectives of programs or activities of the
Administration.
(c) Joint and Cooperative Institutes.--The Secretary may establish,
by cooperative agreement, joint or cooperative institutes with
qualified colleges, universities, and nonprofit research organizations
for the purpose of collaborating on mutually agreed-upon, long-term
research programs in the areas of oceanography, coastal ocean observing
technology, climate change, atmosphere, meteorology, marine, coastal
and estuarine environmental technology, fisheries, hydrography, and
marine spill response. The Secretary shall design such research
programs to support the authorized functions of the Administration. The
Secretary may accept or provide facilities, personnel, equipment, other
property, knowledge, and other scientific research resources and funds
on a reimbursable or nonreimbursable basis, as determined by the
Secretary, for such institutes.
SEC. 12. PROGRAM SUPPORT.
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