I 

109TH CONGRESS 

1ST SESSION H. R. 50 

To provide for the National Oceanic and Atmospheric Administration, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2005 

Mr. EHLERS 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 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 provide for the National Oceanic and Atmospheric 

Administration, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Oceanic and 

5 Atmospheric Administration Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) The term ‘‘Administration’’ means the Na9 tional Oceanic and Atmospheric Administration. 
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1 (2) The term ‘‘Administrator’’ means the Ad2 ministrator of the National Oceanic and Atmos3 pheric Administration. 

4 (3) The term ‘‘Secretary’’ means the Secretary 

5 of Commerce. 

6 SEC. 3. NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS7 TRATION. 

8 (a) IN GENERAL.—There shall be in the Department 

9 of Commerce an agency known as the National Oceanic 

10 and Atmospheric Administration. 

11 (b) MISSION.—The mission of the Administration is 

12 to understand the systems of the Earth’s oceans and at13 mosphere and predict changes in the Earth’s oceans and 

14 atmosphere and the effects of such changes on the land 

15 environment, to conserve and manage coastal, ocean, and 

16 Great Lakes ecosystems to meet national economic, social, 

17 and environmental needs, and to educate the public about 

18 these topics. 

19 (c) FUNCTIONS.—The functions of the Administra20 tion shall include— 

21 (1) collecting, through observation and other 

22 means, communicating, analyzing, processing, and 

23 disseminating comprehensive scientific data and in24 formation about weather and climate, solar and geo25 physical events on the Sun and in the space environ-
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1 ment, and about the coasts, oceans, Great Lakes, 

2 upper reaches of estuaries, and hydrologic systems; 

3 (2) operating and maintaining a system for the 

4 storage, retrieval, and dissemination of data relating 

5 to weather and climate, solar and geophysical events 

6 on the Sun and in the space environment, and about 

7 the coasts, oceans, Great Lakes, upper reaches of es8 tuaries, and hydrologic systems; 

9 (3) conducting and supporting basic and ap10 plied research and development of technology as may 

11 be necessary to carry out the mission described in 

12 subsection (b); 

13 (4) issuing weather, water, climate, and space 

14 weather forecasts and warnings; 

15 (5) coordinating efforts of Federal agencies in 

16 support of national and international programs with 

17 respect to meteorological services; 

18 (6) understanding the science of Earth’s cli19 mate and related systems, and undertaking research, 

20 development, and demonstration to enhance society’s 

21 ability to plan for and respond to climate variability 

22 and change; 

23 (7) protecting, restoring, and managing the use 

24 of the coasts, oceans, and Great Lakes through eco-
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1 system-based research, development, demonstration, 

2 and management; 

3 (8) coordinating efforts of Federal agencies in 

4 support of national and international programs with 

5 respect to integrated Earth observing systems; 

6 (9) administering public outreach and education 

7 programs and services to increase scientific and en8 vironmental literacy about weather and climate, 

9 solar and geophysical events on the Sun and in the 

10 space environment, and the coasts, oceans, Great 

11 Lakes, upper reaches of estuaries, and hydrologic 

12 systems; 

13 (10) cooperating with international organiza14 tions and scientists in bilateral and multilateral re15 search, development, conservation, and service pro16 grams related to coastal, ocean, Great Lakes, weath17 er, and climate issues; and 

18 (11) any other function assigned to the Admin19 istration by law. 

20 SEC. 4. ADMINISTRATION LEADERSHIP. 

21 (a) ADMINISTRATOR.— 

22 (1) IN GENERAL.—There shall be, as the Ad23 ministrator of the Administration, an Under Sec24 retary of Commerce for Oceans and Atmosphere. 

25 The Administrator shall be appointed by the Presi-
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1 dent, by and with the advice and consent of the Sen2 ate. The Administrator shall be paid at the rate of 

3 basic pay for level III of the Executive Schedule. 

4 (2) FUNCTIONS.—The Administrator shall per5 form such functions and exercise such powers with 

6 respect to the Administration as the Secretary may 

7 prescribe, including— 

8 (A) general management; 

9 (B) policy development and guidance; 

10 (C) budget formulation, guidance, and exe11 cution; and 

12 (D) serving as the Department of Com13 merce official for all ocean and atmosphere 

14 issues with other elements of the Department of 

15 Commerce and with other Federal agencies, 

16 State, tribal, and local governments, and the 

17 public. 

18 (3) DELEGATION OF AUTHORITY.—The Admin19 istrator may, except as otherwise prohibited by 

20 law— 

21 (A) delegate any functions, powers, or du22 ties of the Administrator to such officers and 

23 employees of the Administration as the Admin24 istrator may designate; and 
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1 (B) authorize such successive redelegations 

2 of such functions, powers, or duties within the 

3 Administration as the Administrator considers 

4 necessary or appropriate. 

5 (4) AUTHORITIES.—The Administrator shall 

6 have the authority to enter into and perform such 

7 contracts, leases, grants, and cooperative agreements 

8 with Federal agencies, State and local governments, 

9 Indian tribes, international organizations, foreign 

10 governments, educational institutions, nonprofit or11 ganizations, and commercial organizations, as may 

12 be necessary and proper to carry out the Adminis13 tration’s functions under this Act or as otherwise 

14 provided by law. 

15 (b) ASSISTANT SECRETARY FOR OCEANS AND AT16 MOSPHERE.— 

17 (1) IN GENERAL.—There shall be, as Deputy 

18 Administrator of the Administration, an Assistant 

19 Secretary of Commerce for Oceans and Atmosphere. 

20 The Assistant Secretary shall be appointed by the 

21 President, by and with the advice and consent of the 

22 Senate. The Assistant Secretary shall be the Admin23 istrator’s first assistant for purposes of subchapter 

24 III of chapter 33 of title 5, United States Code. The 
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1 Assistant Secretary shall be paid at the rate of basic 

2 pay for level IV of the Executive Schedule. 

3 (2) FUNCTIONS.—The Assistant Secretary shall 

4 perform such functions and exercise such powers as 

5 the Secretary or Administrator may prescribe and 

6 shall act as Administrator during the absence or dis7 ability of the Administrator or in the event of a va8 cancy in the office of Administrator. 

9 (c) DEPUTY UNDER SECRETARY FOR OCEANS AND

10 ATMOSPHERE.— 

11 (1) IN GENERAL.—There shall, be as the Chief 

12 Operating Officer of the Administration, a Deputy 

13 Under Secretary of Commerce for Oceans and At14 mosphere. The Deputy Under Secretary shall be ap15 pointed by the Secretary. The position of Deputy 

16 Under Secretary shall be a Senior Executive Service 

17 position authorized under section 3133 of title 5, 

18 United States Code. 

19 (2) FUNCTIONS.—The Deputy Under Sec20 retary— 

21 (A) shall ensure the timely and effective 

22 implementation of Administration policies and 

23 objectives; 

24 (B) shall be responsible for all aspects of 

25 the Administration’s operations and manage-
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1 ment, including budget, financial operations, in2 formation services, facilities, human resources, 

3 procurements, and associated services; 

4 (C) in the absence or disability of the As5 sistant Secretary, or in the event of a vacancy 

6 in such position, shall act in that position; and 

7 (D) shall perform such other duties as the 

8 Administrator shall prescribe. 

9 (d) DEPUTY ASSISTANT SECRETARY FOR OCEANS

10 AND ATMOSPHERE.— 

11 (1) IN GENERAL.—There shall be in the Admin12 istration a Deputy Assistant Secretary for Oceans 

13 and Atmosphere. The Deputy Assistant Secretary 

14 for Oceans and Atmosphere shall be appointed by 

15 the Secretary. The position of Deputy Assistant Sec16 retary for Oceans and Atmosphere shall be a Senior 

17 Executive Service position authorized under section 

18 3133 of title 5, United States Code. 

19 (2) FUNCTIONS.—The Deputy Assistant Sec20 retary for Oceans and Atmosphere— 

21 (A) shall serve as an advisor to the Admin22 istrator on program and policy issues related to 

23 environmental policy, strategic planning, and 

24 program analysis; 
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1 (B) shall ensure the timely and effective 

2 implementation of Administration policies and 

3 objectives related to environmental policy, stra4 tegic planning, and program analysis; and 

5 (C) shall perform such other duties as the 

6 Administrator shall prescribe. 

7 (e) DEPUTY ASSISTANT SECRETARY FOR SCIENCE, 

8 TECHNOLOGY, EDUCATION, AND OUTREACH.— 

9 (1) IN GENERAL.—There shall be in the Admin10 istration a Deputy Assistant Secretary for Science, 

11 Technology, Education, and Outreach, who shall co12 ordinate and oversee the science and technology ac13 tivities of the Administration and ensure that Ad14 ministration decisions are informed by the results of 

15 appropriate and relevant research. The Deputy As16 sistant Secretary for Science, Technology, Edu17 cation, and Outreach shall be appointed by the Sec18 retary. The position of Deputy Assistant Secretary 

19 for Science, Technology, Education, and Outreach 

20 shall be a Senior Executive Service career reserved 

21 position as defined in section 3132(a)(8) of title 5, 

22 United States Code. 

23 (2) FUNCTIONS.—The Deputy Assistant Sec24 retary for Science, Technology, Education, and Out25 reach shall— 
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1 (A) coordinate research and development 

2 activities across the Administration, including 

3 coordination of research and development budg4 ets; 

5 (B) advise the Administrator on how re6 search activities can be applied to operational 

7 use; 

8 (C) provide advice to the Administrator re9 garding science and technology issues and their 

10 relationship to Administration policies, proce11 dures, and decisions; 

12 (D) participate in developing the Adminis13 tration’s strategic plans and policies and review 

14 the science and technology aspects of those 

15 plans and policies; 

16 (E) develop and oversee guidelines for the 

17 dissemination to the public of results from re18 search and development conducted, sponsored, 

19 or cited by the Administration; 

20 (F) serve as liaison to the nongovern21 mental science and technology community; 

22 (G) develop and oversee guidelines for peer 

23 review of science and technology research spon24 sored by the Administration; 
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1 (H) oversee implementation of the stra2 tegic plan for science and technology research, 

3 development, and demonstration required under 

4 section 10(b); 

5 (I) oversee management of research labora6 tories in the Administration; 

7 (J) oversee the research and education 

8 programs of the Administration; and 

9 (K) perform such other duties as the Sec10 retary or Administrator shall prescribe. 

11 (3) QUALIFICATIONS.—An individual appointed 

12 under paragraph (1) shall be a person who has an 

13 outstanding science and technology background, in14 cluding research accomplishments, scientific reputa15 tion, and public policy experience. 

16 (4) CONSULTATION.—Before appointing an in17 dividual under paragraph (1), the Secretary shall 

18 consult with the National Academy of Sciences, the 

19 Science Advisory Board of the Administration, and 

20 other appropriate scientific organizations. 

21 (f) GENERAL COUNSEL.— 

22 (1) IN GENERAL.—There shall be in the Admin23 istration a General Counsel. The General Counsel 

24 shall be appointed by the Secretary. The General 
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1 Counsel shall be paid at the rate of basic pay for 

2 level V of the Executive Schedule. 

3 (2) FUNCTIONS.—The General Counsel— 

4 (A) shall serve as the chief legal officer of 

5 the Administration for all legal matters that 

6 arise in connection with the conduct of the 

7 functions of the Administration; and 

8 (B) shall perform such other functions and 

9 exercise such powers as the Secretary or Ad10 ministrator may prescribe. 

11 (g) CONTINUATION OF SERVICE.—Any individual 

12 serving on the effective date of this Act in a position pro13 vided for in this Act may continue to serve in that position 

14 until a successor is appointed under this Act. Nothing in 

15 this Act shall be construed to require the appointment of 

16 a successor under this Act sooner than would have been 

17 required under law as in effect before the effective date 

18 of this Act. 

19 SEC. 5. NATIONAL WEATHER SERVICE. 

20 (a) IN GENERAL.—The Secretary shall maintain 

21 within the Administration a National Weather Service. 

22 (b) MISSION.—The mission of the National Weather 

23 Service is to provide weather, water, climate, and space 

24 weather forecasts and warnings for the United States, its 

25 territories, adjacent waters, and ocean areas for the pro-
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1 tection of life and property and the enhancement of the 

2 national economy. 

3 (c) GOALS.—The goals of the National Weather Serv4 ice shall include— 

5 (1) to provide timely and accurate weather, 

6 water, climate, and space weather forecasts; and 

7 (2) to provide timely and accurate warnings of 

8 weather, water, and climate natural hazards, and of 

9 space weather hazards. 

10 (d) FUNCTIONS.—The functions of the National 

11 Weather Service shall include— 

12 (1) maintaining a network of local weather fore13 cast offices; 

14 (2) maintaining a network of observation sys15 tems to collect weather and climate data; 

16 (3) operating national centers to deliver guid17 ance, forecasts, warnings, and analysis about weath18 er, water, climate, and space weather phenomena for 

19 the Administration and the public; 

20 (4) conducting and supporting applied research 

21 to facilitate the rapid incorporation of weather and 

22 climate science advances into operational tools; and 

23 (5) other functions to serve the mission of the 

24 National Weather Service. 
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1 (e) PUBLIC-PRIVATE PARTNERSHIPS.—Not less than 

2 once every 5 years, the Secretary shall develop and submit 

3 to Congress a policy the defines processes for making deci4 sions about the roles of the National Weather Service, the 

5 private sector, and the academic community in providing 

6 weather-related and climate-related products, tech7 nologies, and services. The first such policy shall be com8 pleted not less than 12 months after the date of enactment 

9 of this Act. At least 90 days before each submission of 

10 the policy to Congress, the Secretary shall publish the pol11 icy in the Federal Register for a public comment period 

12 of not less than 60 days. 

13 SEC. 6. OPERATIONS AND SERVICES. 

14 (a) IN GENERAL.—The Secretary shall maintain 

15 within the Administration programs to support operations 

16 of ongoing data collection and direct services and products 

17 regarding satellite, observations, and coastal, ocean, and 

18 Great Lakes information. 

19 (b) FUNCTIONS.—To accomplish the mission de20 scribed in section 3(b), and in addition to the functions 

21 described in section 3(c), the operations and service as22 pects of the Administration shall include— 

23 (1) acquiring, managing, and operating coastal, 

24 ocean, and Great Lakes observing systems; 
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1 (2) ensuring the availability of a global Earth2 observing system, integrating remote sensing and in 

3 situ assets that provide critical data needed to sup4 port the mission of the Administration, and pro5 viding that data to decisionmakers and the public; 

6 (3) developing, acquiring, and managing oper7 ational environmental satellite constellations and as8 sociated ground control and data acquisition facili9 ties to support the mission of the Administration; 

10 (4) managing and distributing atmospheric, 

11 geophysical, and marine data and data products for 

12 the Administration through national environmental 

13 data centers; 

14 (5) providing for long-term stewardship of envi15 ronmental data, products, and information via data 

16 processing, storage, reanalysis, reprocessing, and ar17 chive facilities; 

18 (6) promoting widespread availability of envi19 ronmental data and information through full and 

20 open access and exchange to the greatest extent pos21 sible; 

22 (7) issuing licenses for private remote sensing 

23 space systems under the Land Remote Sensing Pol24 icy Act of 1992; 
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1 (8) administering a national water level obser2 vation network, which shall include monitoring of 

3 the Great Lakes; 

4 (9) providing charts and other information for 

5 safe navigation of the oceans and inland waters, as 

6 provided by law; and 

7 (10) such other functions to serve the oper8 ations and services mission of the Administration as 

9 the Administrator may prescribe. 

10 SEC. 7. RESEARCH AND EDUCATION. 

11 (a) IN GENERAL.—The Secretary shall maintain 

12 within the Administration programs to conduct and sup13 port research and education and the development of tech14 nologies relating to weather, climate, and the coasts, 

15 oceans, and Great Lakes. 

16 (b) FUNCTIONS.—To accomplish the mission de17 scribed in section 3(b), and in addition to the functions 

18 described in section 3(c), the research and education as19 pects of the Administration shall include— 

20 (1) conducting and supporting research and 

21 technology development to improve the Administra22 tion’s capabilities in collecting, through observation 

23 and otherwise, communicating, analyzing, proc24 essing, and disseminating comprehensive scientific 
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1 data and information about weather, climate, and 

2 the coasts, oceans, and Great Lakes; 

3 (2) improving environmental prediction and 

4 management capabilities through ecosystem-based 

5 research and development; 

6 (3) improving knowledge of Earth’s climate and 

7 related systems through research and observation for 

8 decision support; 

9 (4) reducing uncertainty in projections of how 

10 the Earth’s climate and related systems may change 

11 in the future; 

12 (5) fostering the public’s ability to understand 

13 and integrate scientific information into consider14 ations of national environmental issues through edu15 cation and public outreach activities; 

16 (6) administering the National Sea Grant Col17 lege Program Act; 

18 (7) conducting and supporting research and de19 velopment of technology for exploration of the 

20 oceans; 

21 (8) maintaining a system of laboratories to per22 form the functions described in this subsection; 

23 (9) supporting extramural peer-reviewed com24 petitive grant programs to assist the Administration 
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1 in performing the functions described in this sub2 section; and 

3 (10) such other functions to serve the research, 

4 development, education, and outreach mission of the 

5 Administration as the Administrator may prescribe. 

6 SEC. 8. SCIENCE ADVISORY BOARD. 

7 (a) IN GENERAL.—There shall be within the Admin8 istration a Science Advisory Board, which shall provide 

9 such scientific advice as may be requested by the Adminis10 trator, the Committee on Commerce, Science and Trans11 portation of the Senate, or the Committee on Science or 

12 on Resources of the House of Representatives. 

13 (b) PURPOSE.—The purpose of the Science Advisory 

14 Board is to advise the Administrator and Congress on 

15 long-range and short-range strategies for research, edu16 cation, and the application of science to resource manage17 ment and environmental assessment and prediction. 

18 (c) MEMBERS.— 

19 (1) IN GENERAL.—The Science Advisory Board 

20 shall be composed of at least 15 members appointed 

21 by the Administrator. Each member of the Board 

22 shall be qualified by education, training, and experi23 ence to evaluate scientific and technical information 

24 on matters referred to the Board under this section. 
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1 (2) TERMS OF SERVICE.—Members shall be ap2 pointed for 3-year terms, renewable once, and shall 

3 serve at the discretion of the Administrator. An indi4 vidual serving a term as a member of the Science 

5 Advisory Board on the date of enactment of this Act 

6 may complete that term, and may be reappointed 

7 once for another term of 3 years unless the term 

8 being served on such date of enactment is the second 

9 term served by that individual. Vacancy appoint10 ments shall be for the remainder of the unexpired 

11 term of the vacancy, and an individual so appointed 

12 may subsequently be appointed for 2 full 3-year 

13 terms if the remainder of the unexpired term is less 

14 than one year. 

15 (3) CHAIRPERSON.—The Administrator shall 

16 designate a chairperson from among the members of 

17 the Board. 

18 (4) APPOINTMENT.—Members of the Science 

19 Advisory Board shall be appointed as special Gov20 ernment employees, within the meaning given such 

21 term in section 202(a) of title 18, United States 

22 Code. 

23 (d) ADMINISTRATIVE PROVISIONS.— 
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1 (1) REPORTING.—The Science Advisory Board 

2 shall report to the Administrator and the appro3 priate requesting party. 

4 (2) ADMINISTRATIVE SUPPORT.—The Adminis5 trator shall provide administrative support to the 

6 Science Advisory Board. 

7 (3) MEETINGS.—The Science Advisory Board 

8 shall meet at least twice each year, and at other 

9 times at the call of the Administrator or the Chair10 person. 

11 (4) COMPENSATION AND EXPENSES.—A mem12 ber of the Science Advisory Board shall not be com13 pensated for service on such board, but upon request 

14 by the member may be allowed travel expenses, in15 cluding per diem in lieu of subsistence, in accord16 ance with subchapter I of chapter 57 of title 5, 

17 United States Code. 

18 (5) SUBCOMMITTEES.—The Science Advisory 

19 Board may establish such subcommittees of its 

20 members as may be necessary. The Science Advisory 

21 Board may establish task forces and working groups 

22 consisting of Board members and outside experts as 

23 may be necessary. 
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1 (e) EXPIRATION.—Section 14 of the Federal Advisory 

2 Committee Act (5 U.S.C. App.) shall not apply to the 

3 Science Advisory Board. 

4 SEC. 9. REPORTS. 

5 (a) REPORT ON DATA MANAGEMENT, ARCHIVAL, 

6 AND DISTRIBUTION.— 

7 (1) CONTENTS.—Not later than 1 year after 

8 the date of enactment of this Act, and once every 5 

9 years thereafter, the Administrator shall develop a 

10 report on the environmental data and information 

11 systems of the Administration. The report shall in12 clude— 

13 (A) an assessment of the adequacy of the 

14 environmental data and information systems of 

15 the Administration to— 

16 (i) provide adequate capacity to man17 age, archive and disseminate environmental 

18 information collected and processed, or ex19 pected to be collected and processed, by 

20 the Administration and other appropriate 

21 departments and agencies; 

22 (ii) establish, develop, and maintain 

23 information bases, including necessary 

24 management systems, which will provide 
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1 for consistent, efficient, and compatible 

2 transfer and use of data; 

3 (iii) develop effective interfaces among 

4 the environmental data and information 

5 systems of the Administration and other 

6 appropriate departments and agencies; 

7 (iv) develop and use nationally accept8 ed formats and standards for data col9 lected by various national and international 

10 sources; 

11 (v) integrate and interpret data from 

12 different sources to produce information 

13 that can be used by decisionmakers in de14 veloping policies that effectively respond to 

15 national and global environmental con16 cerns; and 

17 (vi) reanalyze and reprocess the 

18 archived data as better science is developed 

19 to integrate diverse data sources; and 

20 (B) a strategic plan to— 

21 (i) set forth modernization and im22 provement objectives for an integrated na23 tional environmental data access and ar24 chive system for the 10-year period begin25 ning with the year in which the plan is 
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1 transmitted, including facility requirements 

2 and critical new technology components 

3 that would be necessary to meet the objec4 tives set forth; 

5 (ii) propose specific Administration 

6 programs and activities for implementing 

7 the plan; 

8 (iii) identify the data and information 

9 management, reanalysis, reprocessing, ar10 chival, and distribution responsibilities of 

11 the Administration with respect to other 

12 Federal departments and agencies and 

13 international organizations; and 

14 (iv) provide an implementation sched15 ule and estimate funding levels necessary 

16 to achieve modernization and improvement 

17 objectives. 

18 (2) NATIONAL ACADEMY OF SCIENCES RE19 VIEW.—The Administrator shall enter into an ar20 rangement with the National Academy of Sciences 

21 for a review of the plan developed under paragraph 

22 (1). 

23 (3) TRANSMITTAL TO CONGRESS.—Not later 

24 than 18 months after the date of enactment of this 

25 Act, the Administrator shall transmit to the Com-
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1 mittee on Commerce, Science, and Transportation of 

2 the Senate and the Committee on Science of the 

3 House of Representatives the initial report developed 

4 under paragraph (1) and the review prepared pursu5 ant to paragraph (2). Subsequent reports developed 

6 under paragraph (1) shall also be transmitted to 

7 those committees. 

8 (b) STRATEGIC PLAN FOR SCIENTIFIC RESEARCH.— 

9 (1) CONTENTS.—Not later than 1 year after 

10 the date of enactment of this Act, and once every 5 

11 years thereafter, the Administrator shall develop a 

12 strategic plan for science and technology research 

13 and development at the Administration. The plan 

14 shall include— 

15 (A) an assessment of the science and tech16 nology needs of the Administration based on 

17 the Administration’s operational requirements 

18 and on input provided by external stakeholders 

19 at the national, regional, State, and local levels; 

20 (B) a strategic plan for coordinating re21 search and development activities across the 

22 Administration to meet the needs identified in 

23 subparagraph (A); and 

24 (C) a description of how the Administra25 tion plans to utilize extramural, peer-reviewed 
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1 competitive grant programs to meet its research 

2 needs. 

3 (2) NATIONAL ACADEMY OF SCIENCES RE4 VIEW.—The Administrator shall enter into an ar5 rangement with the National Academy of Sciences 

6 for a review of the plan developed under paragraph 

7 (1). 

8 (3) TRANSMITTAL TO CONGRESS.—Not later 

9 than 18 months after the date of enactment of this 

10 Act, the Administrator shall transmit to the Com11 mittee on Commerce, Science, and Transportation of 

12 the Senate and the Committee on Science of the 

13 House of Representatives the initial report developed 

14 under paragraph (1) and the review prepared pursu15 ant to paragraph (2). Subsequent reports developed 

16 under paragraph (1) shall also be transmitted to 

17 those committees. 

18 SEC. 10. EFFECT OF REORGANIZATION PLAN. 

19 Reorganization Plan No. 4 of 1970 shall have no fur20 ther force and effect. 

21 SEC. 11. SAVINGS PROVISION. 

22 All rules and regulations, determinations, standards, 

23 contracts, certifications, authorizations, appointments, 

24 delegations, results and findings of investigations, and 

25 other actions duly issued, made, or taken by or pursuant 
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1 to or under the authority of any statute which resulted 

2 in the assignment of functions or activities to the Sec3 retary, the Department of Commerce, the Under Secretary 

4 of Commerce for Oceans and Atmosphere, the Adminis5 trator, or any other officer of the Administration, that is 

6 in effect immediately before the date of enactment of this 

7 Act, shall continue in full force and effect after the effec8 tive date of this Act until modified or rescinded. All suits, 

9 appeals, judgements, and proceedings pending on such ef10 fective date relating to responsibilities or functions trans11 ferred under this Act shall continue without regard to such 

12 transfers, except for the transfer of responsibilities or 

13 functions. Any reference in law to a responsibility, func14 tion, or office transferred under this Act shall be deemed 

15 to refer to the responsibility, function, or office as so 

16 transferred. 

17 SEC. 12. TRANSITION. 

18 (a) EFFECTIVE DATE.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2) the provisions of this Act shall become ef21 fective 2 years after the date of enactment of this 

22 Act. 

23 (2) EXCEPTIONS.—Paragraph (1) shall not 

24 apply to sections 9 or 13, or to subsection (b) of this 

25 section. 
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1 (b) REORGANIZATION.—Not later than 18 months 

2 after the date of enactment of this Act, the Administrator 

3 shall transmit a plan and budget proposal to Congress set4 ting forth a proposal for program and Administration re5 organization for the program areas outlined in this Act. 

6 SEC. 13. FACILITY EVALUATION PROCESS. 

7 (a) PUBLIC NOTIFICATION AND ASSESSMENT PROC8 ESS.— The Administrator shall not close, consolidate, re9 locate, subdivide, or establish a facility of the Administra10 tion unless the Administrator has completed a public noti11 fication and assessment process that includes— 

12 (1) publication in the Federal Register of the 

13 proposed action and a description of the offices, per14 sonnel, and activities of the Administration that 

15 would be impacted by the proposed change, and pro16 viding for a minimum of 60 days for public com17 ment; 

18 (2) review of the proposed change by the 

19 Science Advisory Board of the Administration, if the 

20 proposed change involves a science facility of the Ad21 ministration, and preparation of a summary of their 

22 findings regarding the proposed change; 

23 (3) preparation by the Administrator of an 

24 analysis of the anticipated costs and savings associ25 ated with the proposed facility change, including 
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1 both initial costs and savings associated with the 

2 change and changes in operations and maintenance 

3 costs and savings over a ten year period; and 

4 (4) preparation by the Administrator of an 

5 analysis of the effects of the facility change on oper6 ations and research of the Administration, and the 

7 potential impacts on cooperative institutes, other ex8 ternal Administration partnerships, partnerships 

9 with other Federal agencies, and any State and local 

10 partnerships. 

11 (b) NOTICE TO CONGRESS.—The Administrator shall 

12 provide to Congress, at least 90 days before any closure, 

13 consolidation, relocation, subdivision, or establishment of 

14 a facility of the Administration, a summary of the public 

15 comments received pursuant to subsection (a)(1), any 

16 summary prepared under subsection (a)(2), and the anal17 yses prepared under subsection (a)(3) and (4), . 

18 (c) WEATHER SERVICE MODERNIZATION.—Nothing 

19 in this section shall alter procedures established under the 

20 Weather Service Modernization Act (15 U.S.C. 313 note). 

21 (d) DEFINITION.—For purposes of this section, the 

22 term ‘‘facility’’ means a laboratory, operations office, ad23 ministrative service center, or other establishment of the 
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1 Administration with an annual budget of $1,000,000 or 

2 greater. 

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