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 subsequently 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. 

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. 

10 (2) The term ‘‘Administrator’’ means the Admin11 istrator of the National Oceanic and Atmospheric Ad12 ministration. 

13 (3) The term ‘‘Secretary’’ means the Secretary of 

14 Commerce. 

15 SEC. 3. NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS16 TRATION. 

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

18 of Commerce an agency known as the National Oceanic and 

19 Atmospheric Administration. 


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

2 to understand the systems of the Earth’s oceans and atmos3 phere and predict changes in the Earth’s oceans and atmos4 phere and the effects of such changes on the land environ5 ment, to conserve and manage coastal, ocean, and Great 

6 Lakes ecosystems to meet national economic, social, and en7 vironmental needs, and to educate the public about these 

8 topics. 

9 (c) FUNCTIONS.—The functions of the Administration 

10 shall include— 

11 (1) collecting, through observation and other 

12 means, communicating, analyzing, processing, and 

13 disseminating comprehensive scientific data and in14 formation about weather and climate, solar and geo15 physical events on the Sun and in the space environ16 ment, and about the coasts, oceans, Great Lakes, 

17 upper reaches of estuaries, and hydrologic systems; 

18 (2) operating and maintaining a system for the 

19 storage, retrieval, and dissemination of data relating 

20 to weather and climate, solar and geophysical events 

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

22 the coasts, oceans, Great Lakes, upper reaches of estu23 aries, and hydrologic systems; 


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1 (3) using observational data and technologies de2 veloped by other Federal agencies to improve the Ad3 ministration’s operations; 

4 (4) conducting and supporting basic and applied 

5 research, development, and technology transfer as 

6 may be necessary to carry out the mission described 

7 in subsection (b); 

8 (5) issuing weather, water, climate, space weath9 er, tsunami, and other forecasts and warnings related 

10 to Earth’s oceans and atmosphere; 

11 (6) coordinating efforts of Federal agencies with 

12 respect to meteorological services; 

13 (7) understanding the science of Earth’s climate 

14 and related systems, and undertaking research and 

15 development to enhance society’s ability to plan for 

16 and respond to climate variability and change; 

17 (8) protecting, restoring, and managing the use 

18 of, the coasts, oceans, and Great Lakes through eco19 system-based research, development, demonstration, 

20 and management; 

21 (9) administering public outreach and education 

22 programs and services to increase scientific and envi23 ronmental literacy about weather and climate, solar 

24 and geophysical events on the Sun and in the space 


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1 environment, and the coasts, oceans, Great Lakes, 

2 upper reaches of estuaries, and hydrologic systems; 

3 (10) providing, as appropriate and in coopera4 tion with the Secretary of State, representation at all 

5 international meetings and conferences relating to the 

6 mission of the Administration, including meteorolog7 ical, climate, and Earth and ocean observing issues; 

8 (11) any other function assigned to the Adminis9 tration by law; and 

10 (12) such other functions as are necessary to ac11 complish the mission described in subsection (b). 

12 SEC. 4. ADMINISTRATION LEADERSHIP. 

13 (a) ADMINISTRATOR.— 

14 (1) IN GENERAL.—There shall be, as the Admin15 istrator of the Administration, an Under Secretary of 

16 Commerce for Oceans and Atmosphere. The Adminis17 trator shall be appointed by the President, by and 

18 with the advice and consent of the Senate. The Ad19 ministrator shall be paid at the rate of basic pay for 

20 level III of the Executive Schedule. 

21 (2) FUNCTIONS.—The Administrator shall be re22 sponsible for— 

23 (A) general management; 

24 (B) policy development and guidance; 


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1 (C) budget formulation, guidance, and exe2 cution; 

3 (D) serving as the Department of Commerce 

4 official for all ocean and atmosphere issues with 

5 other elements of the Department of Commerce 

6 and with other Federal agencies, State, tribal, 

7 and local governments, and the public; and 

8 (E) such other duties with respect to the Ad9 ministration as the Secretary may prescribe. 

10 (3) DELEGATION OF AUTHORITY.—The Adminis11 trator may, except as otherwise prohibited by law— 

12 (A) delegate any functions, powers, or du13 ties of the Administrator to such officers and em14 ployees of the Administration as the Adminis15 trator may designate; and 

16 (B) authorize such successive redelegations 

17 of such functions, powers, or duties within the 

18 Administration as the Administrator considers 

19 necessary or appropriate. 

20 (4) AUTHORITIES.— 

21 (A) IN GENERAL.—As may be necessary or 

22 proper to carry out the Administration’s func23 tions under this Act or as otherwise provided by 

24 law, the Administrator may— 

25 (i) promulgate rules and regulations; 


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1 (ii) enter into and perform contracts, 

2 leases, grants, and cooperative agreements 

3 with Federal agencies, State and local gov4 ernments, Indian tribes, international orga5 nizations, foreign governments, educational 

6 institutions, nonprofit organizations, and 

7 commercial organizations; 

8 (iii) use, with their consent, and with 

9 or without reimbursement, the services, 

10 equipment, personnel, and facilities of other 

11 departments, agencies, and instrumental12 ities of the Federal Government; and 

13 (iv) conduct education and outreach in 

14 direct support of the mission described in 

15 section 3(b). 

16 (B) EXCEPTION.—The authorities conferred 

17 on the Administrator by this paragraph do not 

18 include the authority to contract for services that 

19 are an inherently governmental function as de20 fined in section 5 of the Federal Activities Inven21 tory Reform Act of 1998 (31 U.S.C. 501 note). 

22 (b) ASSISTANT SECRETARY FOR OCEANS AND ATMOS23 PHERE.— 

24 (1) IN GENERAL.—There shall be, as Deputy Ad25 ministrator of the Administration, an Assistant SecVerDate Aug 31 2005 02:16 Sep 12, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H5450.RH2 H5450

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1 retary of Commerce for Oceans and Atmosphere. The 

2 Assistant Secretary shall be appointed by the Presi3 dent, by and with the advice and consent of the Sen4 ate. The Assistant Secretary shall be the Administra5 tor’s first assistant for purposes of subchapter III of 

6 chapter 33 of title 5, United States Code. The Assist7 ant Secretary shall be paid at the rate of basic pay 

8 for level IV of the Executive Schedule. 

9 (2) FUNCTIONS.—The Assistant Secretary shall 

10 perform such functions and exercise such powers as 

11 the Administrator may prescribe and shall act as Ad12 ministrator during the absence or disability of the 

13 Administrator or in the event of a vacancy in the of14 fice of Administrator. 

15 (c) DEPUTY UNDER SECRETARY FOR OCEANS AND AT16 MOSPHERE.— 

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

18 Operating Officer of the Administration, a Deputy 

19 Under Secretary of Commerce for Oceans and Atmos20 phere. The Deputy Under Secretary shall be ap21 pointed by the Secretary. The position of Deputy 

22 Under Secretary shall be a Senior Executive Service 

23 position authorized under section 3133 of title 5, 

24 United States Code. 


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1 (2) FUNCTIONS.—The Deputy Under Sec2 retary— 

3 (A) shall ensure the timely and effective im4 plementation of Administration policies and ob5 jectives; 

6 (B) shall be responsible for all aspects of the 

7 Administration’s operations and management, 

8 including budget, financial operations, informa9 tion services, facilities, human resources, pro10 curements, and associated services; 

11 (C) in the absence or disability of the As12 sistant Secretary, or in the event of a vacancy 

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

14 (D) shall perform such other duties as the 

15 Administrator shall prescribe. 

16 (d) DEPUTY ASSISTANT SECRETARY FOR SCIENCE AND

17 EDUCATION.— 

18 (1) IN GENERAL.—There shall be in the Admin19 istration a Deputy Assistant Secretary for Science 

20 and Education who shall coordinate and oversee the 

21 science and education activities of the Administration 

22 and their application to Administration decisions 

23 and operations. The Deputy Assistant Secretary for 

24 Science and Education shall be appointed by the Sec25 retary. The position of Deputy Assistant Secretary for 


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1 Science and Education shall be a Senior Executive 

2 Service career reserved position as defined in section 

3 3132(a)(8) of title 5, United States Code. 

4 (2) FUNCTIONS.—The Deputy Assistant Sec5 retary for Science and Education shall— 

6 (A) coordinate research and development ac7 tivities across the Administration; 

8 (B) review the Administration’s annual 

9 budget to ensure that funding for research and 

10 development is adequate, properly focused, and 

11 carried out by the appropriate entities across the 

12 Administration; 

13 (C) advise the Administrator on how re14 search results can be applied to operational use; 

15 (D) advise the Administrator regarding 

16 science issues and their relationship to Adminis17 tration policies, procedures, and decisions; 

18 (E) participate in developing the Adminis19 tration’s strategic plans and policies and review 

20 the science and education aspects of those plans 

21 and policies; 

22 (F) serve as liaison to the nongovernmental 

23 science community; 


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1 (G) develop and oversee guidelines for peer 

2 review of research sponsored or conducted by the 

3 Administration; 

4 (H) oversee implementation of the strategic 

5 plan for research and development required 

6 under section 9(b); 

7 (I) oversee management of laboratories in 

8 the Administration; 

9 (J) oversee the research and education pro10 grams of the Administration; and 

11 (K) perform such other duties as the Ad12 ministrator shall prescribe. 

13 (3) QUALIFICATIONS.—An individual appointed 

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

15 outstanding science and education background, in16 cluding research accomplishments, scientific reputa17 tion, and public policy experience. 

18 (4) CONSULTATION.—Before appointing an indi19 vidual under paragraph (1), the Secretary shall con20 sult with the National Academy of Sciences, the 

21 Science Advisory Board of the Administration, and 

22 other appropriate scientific organizations. 

23 (e) DEPUTY ASSISTANT SECRETARIES.—There may be 

24 in the Administration no more than two additional Deputy 

25 Assistant Secretaries whose duties may be designated by the 


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1 Administrator. The Deputy Assistant Secretaries shall be 

2 appointed by the Secretary. The positions of Deputy Assist3 ant Secretaries shall be Senior Executive Service positions 

4 authorized under section 3133 of title 5, United States Code. 

5 (f) GENERAL COUNSEL.— 

6 (1) IN GENERAL.—There shall be in the Admin7 istration a General Counsel. The General Counsel 

8 shall be appointed by the Secretary. The General 

9 Counsel shall be paid at the rate of basic pay for level 

10 V of the Executive Schedule. 

11 (2) FUNCTIONS.—The General Counsel— 

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

13 the Administration for all legal matters that 

14 arise in connection with the conduct of the func15 tions of the Administration; and 

16 (B) shall perform such other functions and 

17 exercise such powers as the Administrator may 

18 prescribe. 

19 (g) CONTINUATION OF SERVICE.—Any individual 

20 serving on the effective date of this Act in a position pro21 vided for in this Act may continue to serve in that position 

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

23 this Act shall be construed to require the appointment of 

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1 quired under law as in effect before the effective date of this 

2 Act. 

3 SEC. 5. NATIONAL WEATHER SERVICE. 

4 (a) IN GENERAL.—The Secretary shall maintain with5 in the Administration the National Weather Service. 

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

7 Service is to provide weather, water, climate, tsunami, and 

8 space weather forecasts and warnings for the United States, 

9 its territories, adjacent waters, and ocean areas for the pro10 tection of life and property and the enhancement of the na11 tional economy. In carrying out the mission of the National 

12 Weather Service, the Administrator shall ensure that the 

13 National Weather Service— 

14 (1) provides timely and accurate weather, water, 

15 climate, tsunami, and space weather forecasts; and 

16 (2) provides timely and accurate warnings of 

17 natural hazards related to weather, water, climate, 

18 and tsunamis, and of space weather hazards. 

19 (c) FUNCTIONS.—The functions of the National Weath20 er Service shall include— 

21 (1) maintaining a network of local weather fore22 cast offices; 

23 (2) maintaining a network of observation sys24 tems to collect weather and climate data; 


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1 (3) operating national centers to deliver guid2 ance, forecasts, warnings, and analysis about weather, 

3 water, climate, tsunami, and space weather phe4 nomena for the Administration and the public; 

5 (4) providing information to Federal agencies 

6 and other organizations responsible for emergency 

7 preparedness and response as required by law; 

8 (5) conducting and supporting applied research 

9 to facilitate the rapid incorporation of weather and 

10 climate science advances into operational tools; and 

11 (6) other functions to serve the mission of the 

12 National Weather Service described in subsection (b). 

13 SEC. 6. OPERATIONS AND SERVICES. 

14 (a) IN GENERAL.—The Secretary shall maintain with15 in the Administration programs to support efforts, on a 

16 continuing basis, to collect data and provide information 

17 and products regarding satellites, observations, and coastal, 

18 ocean and Great Lakes information. 

19 (b) FUNCTIONS.—To accomplish the mission described 

20 in section 3(b), and in addition to the functions described 

21 in section 3(c), the operations and service aspects of the Ad22 ministration shall include— 

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

24 ocean, and Great Lakes observing systems; 


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1 (2) contributing to the operation of a global 

2 Earth-observing system; 

3 (3) integrating Administration remote sensing 

4 and in situ assets that provide critical data needed 

5 to support the mission of the Administration, and 

6 providing that data to decisionmakers and the public; 

7 (4) developing, acquiring, and managing oper8 ational environmental satellite programs and associ9 ated ground control and data acquisition and deliv10 ery facilities to support the mission of the Adminis11 tration; 

12 (5) managing and distributing atmospheric, geo13 physical, and marine data and data products for the 

14 Administration through national environmental data 

15 centers; 

16 (6) providing for long-term stewardship of envi17 ronmental data, products, and information via data 

18 processing, storage, reanalysis, reprocessing, and ar19 chive facilities; 

20 (7) issuing licenses for private remote sensing 

21 space systems under the Land Remote Sensing Policy 

22 Act of 1992; 

23 (8) administering a national water level observa24 tion network, which shall include monitoring of the 

25 Great Lakes; 


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1 (9) providing charts and other information for 

2 safe navigation of the oceans and inland waters, as 

3 provided by law; 

4 (10) maintaining a fleet of ships and aircraft to 

5 support the mission of the Administration; and 

6 (11) such other operations and services functions 

7 to serve the mission of the Administration as the Ad8 ministrator may prescribe. 

9 SEC. 7. RESEARCH AND EDUCATION. 

10 (a) IN GENERAL.—The Secretary shall maintain with11 in the Administration programs to conduct and support re12 search and education and the development of technologies 

13 relating to weather, climate, and the coasts, oceans, and 

14 Great Lakes. 

15 (b) FUNCTIONS.—To accomplish the mission described 

16 in section 3(b), and in addition to the functions described 

17 in section 3(c), the research and education aspects of the 

18 Administration shall include— 

19 (1) conducting and supporting research and de20 velopment to improve the Administration’s capabili21 ties to collect, through observation and otherwise, 

22 communicate, analyze, process, and disseminate com23 prehensive scientific data and information about 

24 weather, climate, and the coasts, oceans, and Great 

25 Lakes; 


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1 (2) improving ecological prediction and manage2 ment capabilities through ecosystem-based research 

3 and development; 

4 (3) contributing information on the Earth’s cli5 mate and related systems, obtained through research 

6 and observation, that addresses questions confronting 

7 policymakers, resources managers, and other users; 

8 (4) reducing uncertainty in projections of how 

9 the Earth’s climate and related systems may change 

10 in the future; 

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

12 and integrate scientific information into consider13 ations of national environmental issues through edu14 cation and public outreach activities; 

15 (6) administering the National Sea Grant Col16 lege Program Act; 

17 (7) conducting and supporting research and de18 velopment of technology for exploration of the oceans; 

19 (8) maintaining a system of laboratories to per20 form the functions described in this subsection; 

21 (9) supporting extramural peer-reviewed com22 petitive grant programs to assist the Administration 

23 in performing the functions described in this sub24 section; and 


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1 (10) such other research, development, education, 

2 and outreach functions to serve the mission of the Ad3 ministration as the Administrator may prescribe. 

4 SEC. 8. SCIENCE ADVISORY BOARD. 

5 (a) IN GENERAL.—There shall be within the Adminis6 tration a Science Advisory Board, which shall provide such 

7 scientific advice as may be requested by the Administrator, 

8 the Committee on Commerce, Science, and Transportation 

9 of the Senate, or the Committee on Science or on Resources 

10 of the House of Representatives. 

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

12 Board is to advise the Administrator and Congress on long13 range and short-range strategies for research, education, 

14 and the application of science to resource management and 

15 environmental assessment and prediction. 

16 (c) MEMBERS.— 

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

18 shall be composed of at least 15 members appointed 

19 by the Administrator. Each member of the Board 

20 shall be qualified by education, training, and experi21 ence to evaluate scientific and technical information 

22 on matters referred to the Board under this section. 

23 (2) TERMS OF SERVICE.—Members shall be ap24 pointed for 3-year terms, renewable once, and shall 

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1 vidual serving a term as a member of the Science Ad2 visory Board on the date of enactment of this Act 

3 may complete that term, and may be reappointed 

4 once for another term of 3 years unless the term being 

5 served on such date of enactment is the second term 

6 served by that individual. Vacancy appointments 

7 shall be for the remainder of the unexpired term of the 

8 vacancy, and an individual so appointed may subse9 quently be appointed for 2 full 3-year terms if the re10 mainder of the unexpired term is less than one year. 

11 (3) CHAIRPERSON.—The Administrator shall 

12 designate a chairperson from among the members of 

13 the Board. 

14 (4) APPOINTMENT.—Members of the Science Ad15 visory Board shall be appointed as special Govern16 ment employees, within the meaning given such term 

17 in section 202(a) of title 18, United States Code. 

18 (d) ADMINISTRATIVE PROVISIONS.— 

19 (1) REPORTING.—The Science Advisory Board 

20 shall report to the Administrator and the appropriate 

21 requesting party. 

22 (2) ADMINISTRATIVE SUPPORT.—The Adminis23 trator shall provide administrative support to the 

24 Science Advisory Board. 


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1 (3) MEETINGS.—The Science Advisory Board 

2 shall meet at least twice each year, and at other times 

3 at the call of the Administrator or the Chairperson. 

4 (4) COMPENSATION AND EXPENSES.—A member 

5 of the Science Advisory Board shall not be com6 pensated for service on such board, but may be al7 lowed travel expenses, including per diem in lieu of 

8 subsistence, in accordance with subchapter I of chap9 ter 57 of title 5, United States Code. 

10 (5) SUBCOMMITTEES.—The Science Advisory 

11 Board may establish such subcommittees of its mem12 bers as may be necessary. The Science Advisory 

13 Board may establish task forces and working groups 

14 consisting of Board members and outside experts as 

15 may be necessary. 

16 (e) EXPIRATION.—Section 14 of the Federal Advisory 

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

18 Science Advisory Board. 

19 SEC. 9. REPORTS. 

20 (a) REPORT ON DATA MANAGEMENT, ARCHIVAL, AND

21 DISTRIBUTION.— 

22 (1) CONTENTS.—Not later than 1 year after the 

23 date of enactment of this Act, and once every 5 years 

24 thereafter, the Administrator shall do the following: 


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1 (A) Enter into an arrangement with the 

2 National Academy of Sciences to review the envi3 ronmental data and information systems of the 

4 Administration and to provide recommendations 

5 to address any inadequacies identified by the re6 view. The review shall assess the adequacy of the 

7 environmental data and information systems of 

8 the Administration to— 

9 (i) provide adequate capacity to man10 age, archive and disseminate environmental 

11 information collected and processed, or ex12 pected to be collected and processed, by the 

13 Administration, including data gathered by 

14 other agencies that is processed or stored by 

15 the Administration; 

16 (ii) establish, develop, and maintain 

17 information bases, including necessary 

18 management systems, which will provide for 

19 consistent, efficient, and compatible transfer 

20 and use of data; 

21 (iii) develop effective interfaces among 

22 the environmental data and information 

23 systems of the Administration and other ap24 propriate departments and agencies; 


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1 (iv) develop and use nationally accept2 ed formats and standards for data collected 

3 by various national and international 

4 sources; 

5 (v) integrate and interpret data from 

6 different sources to produce information 

7 that can be used by decisionmakers in devel8 oping policies that effectively respond to na9 tional and global environmental concerns; 

10 and 

11 (vi) reanalyze and reprocess the 

12 archived data as better science is developed 

13 to integrate diverse data sources. 

14 (B) Develop a strategic plan, with respect to 

15 the environmental data and information systems 

16 of the Administration, to— 

17 (i) respond to each of the recommenda18 tions in the review conducted under sub19 paragraph (A); 

20 (ii) set forth modernization and im21 provement objectives for an integrated na22 tional environmental data access and ar23 chive system for the 10-year period begin24 ning with the year in which the plan is 

25 transmitted, including facility requirements 


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1 and critical new technology components 

2 that would be necessary to meet the objec3 tives set forth; 

4 (iii) propose specific Administration 

5 programs and activities for implementing 

6 the plan; 

7 (iv) identify the data and information 

8 management, reanalysis, reprocessing, ar9 chival, and distribution responsibilities of 

10 the Administration with respect to other 

11 Federal departments and agencies and 

12 international organizations; and 

13 (v) provide an implementation sched14 ule and estimate funding levels necessary to 

15 achieve modernization and improvement ob16 jectives. 

17 (2) TRANSMITTAL TO CONGRESS.—Not later than 

18 18 months after the date of enactment of this Act, the 

19 Administrator shall transmit to the Committee on 

20 Commerce, Science, and Transportation of the Senate 

21 and the Committee on Science of the House of Rep22 resentatives the initial review and strategic plan de23 veloped under paragraph (1). Subsequent reviews and 

24 strategic plans developed under paragraph (1) shall 


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1 also be transmitted to those committees upon comple2 tion. 

3 (b) STRATEGIC PLAN FOR RESEARCH AND DEVELOP4 MENT.— 

5 (1) CONTENTS.—Not later than 1 year after the 

6 date of enactment of this Act, and once every 5 years 

7 thereafter, the Administrator shall develop a strategic 

8 plan for research and development at the Administra9 tion. The plan shall include— 

10 (A) an assessment of the science and tech11 nology needs of the Administration based on the 

12 Administration’s operational requirements and 

13 on input provided by external stakeholders at the 

14 national, regional, State, and local levels; and 

15 (B) a strategic plan that assigns specific 

16 programs within the administration the respon17 sibility to meet each need identified under sub18 paragraph (A) and that describes the extent to 

19 which each need identified in subparagraph (A) 

20 will be addressed through— 

21 (i) intramural research; 

22 (ii) extramural, peer-reviewed, com23 petitive grant programs; and 

24 (iii) work done in cooperation with 

25 other Federal agencies. 


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1 (2) NATIONAL ACADEMY OF SCIENCES REVIEW.— 

2 The Administrator shall enter into an arrangement 

3 with the National Academy of Sciences for a review 

4 of the plan developed under paragraph (1). 

5 (3) TRANSMITTAL TO CONGRESS.—Not later than 

6 18 months after the date of enactment of this Act, the 

7 Administrator shall transmit to the Committee on 

8 Commerce, Science, and Transportation of the Senate 

9 and the Committee on Science of the House of Rep10 resentatives the initial strategic plan developed under 

11 paragraph (1) and the review prepared pursuant to 

12 paragraph (2). Subsequent strategic plans developed 

13 under paragraph (1) shall also be transmitted to those 

14 committees upon completion. 

15 SEC. 10. PUBLIC-PRIVATE PARTNERSHIPS. 

16 Not less than once every 5 years, the Secretary shall 

17 develop and submit to Congress a policy that defines proc18 esses for making decisions about the roles of the Administra19 tion, the private sector, and the academic community in 

20 providing environmental information, products, tech21 nologies, and services. The first such submission shall be 

22 completed not less than 3 years after the date of enactment 

23 of this Act. At least 90 days before each submission of the 

24 policy to Congress, the Secretary shall publish the policy 

25 in the Federal Register for a public comment period of not 


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1 less than 60 days. Nothing in this section shall be construed 

2 to require changes in the policy in effect on the date of en3 actment of this Act. 

4 SEC. 11. EFFECT OF REORGANIZATION PLAN. 

5 Reorganization Plan No. 4 of 1970 shall have no fur6 ther force and effect. 

7 SEC. 12. SAVINGS PROVISION. 

8 All rules and regulations, determinations, standards, 

9 contracts, including collective bargaining agreements, cer10 tifications, authorizations, appointments, delegations, re11 sults and findings of investigations, and other actions duly 

12 issued, made, or taken by or pursuant to or under the au13 thority of any statute or executive order which resulted in 

14 the assignment of functions or activities to the Secretary, 

15 the Department of Commerce, the Under Secretary of Com16 merce for Oceans and Atmosphere, the Administrator, or 

17 any other officer of the Administration, that is in effect im18 mediately before the date of enactment of this Act, shall con19 tinue in full force and effect after the effective date of this 

20 Act until modified or rescinded. All suits, appeals, judg21 ments, and proceedings pending on such effective date relat22 ing to responsibilities or functions transferred pursuant to 

23 this Act shall continue without regard to such transfers, ex24 cept for the transfer of responsibilities or functions. Any 

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1 ferred pursuant to this Act shall be deemed to refer to the 

2 responsibility, function, or office as so transferred. Nothing 

3 in this Act shall be construed to limit the ability of an Ad4 ministration employee to discuss scientific research per5 formed by that employee. Nothing in this Act shall be con6 strued to alter the responsibilities or authorities of any 

7 other Federal agency. Nothing in this Act shall be construed 

8 to authorize or prohibit the transfer of any program, func9 tion, or project from other Federal agencies to the Adminis10 tration. Nothing in this Act shall be construed to expand, 

11 modify, or supersede the authority that the Administration 

12 has immediately before the date of enactment of this Act, 

13 nor to provide the Administration with any new regulatory 

14 authority. Nothing in this Act shall be construed to grant 

15 the Administrator any authority to construct, alter, repair, 

16 or acquire by any means a public building, as defined at 

17 section 3301 of title 40, United States Code, or to grant 

18 any authority to lease general purpose office or storage 

19 space in any building; and nothing in this Act shall be con20 strued to diminish any authority the Administrator has im21 mediately before the date of enactment of this Act to con22 struct, alter, repair, or acquire by any means a public 

23 building, as defined at section 3301 of title 40, United 

24 States Code, or to diminish any authority the Adminis25 trator has immediately before the date of enactment of this 


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1 Act to lease general purpose office or storage space in any 

2 building (regardless of whether those authorities are derived 

3 from laws, executive orders, rules, regulations, or delega4 tions of authority from the Secretary of Commerce). 

5 SEC. 13. REORGANIZATION PLAN. 

6 (a) SCHEDULE.—(1) Not later than 18 months after 

7 the date of enactment of this Act, the Administrator shall 

8 develop a reorganization plan for the Administration in ac9 cordance with this section and shall publish the plan in 

10 the Federal Register. The Federal Register notice shall so11 licit comments for a period of 60 days. 

12 (2) Not later than 90 days after the expiration date 

13 of the comment period described in paragraph (1), the Ad14 ministrator shall transmit to Congress a revised version of 

15 the plan that takes into account the comments received. The 

16 Administrator shall also publish the revised plan in the 

17 Federal Register. The Administrator shall transmit and 

18 publish, along with the plan, an explanation of how the 

19 Administrator dealt with each issue raised by the comments 

20 received. 

21 (3) The Administrator shall implement the plan 60 

22 days after the plan has been transmitted to the Congress. 

23 (b) CONTENT.—The plan, to the greatest extent prac24 ticable, shall— 


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1 (1) consistent with section 5 and the other provi2 sions of this Act, maximize the efficiency with which 

3 the Administration carries out the functions of— 

4 (A) operations and services; 

5 (B) research and education; and 

6 (C) resource management; 

7 (2) improve the sharing of research and other in8 formation that is of use across programmatic themes; 

9 and 

10 (3) eliminate duplication of effort or overlapping 

11 efforts among offices. 

12 (c) CONSULTATION.—In developing the plan, the Ad13 ministrator shall consult with interested parties, including 

14 the States, academia, industry, conservation organizations, 

15 and Administration employees. 

16 SEC. 14. FACILITY EVALUATION PROCESS. 

17 (a) PUBLIC NOTIFICATION AND ASSESSMENT PROC18 ESS.— 

19 (1) IN GENERAL.—The Administrator shall not 

20 close, consolidate, relocate, subdivide, or establish a 

21 facility of the Administration, unless and until the 

22 Administrator has followed the procedures required by 

23 this section. 

24 (2) REVIEW PROCESS.—The Administrator shall 

25 not close, consolidate, relocate, subdivide, or establish 


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1 a facility of the Administration with an annual oper2 ating budget of $5,000,000 or greater, or a National 

3 Weather Service field office, unless and until— 

4 (A) the Administrator has published in the 

5 Federal Register the proposed action and a de6 scription of the offices, personnel, and activities 

7 of the Administration that would be affected by 

8 the proposed change, and has provided for a 

9 minimum of 60 days for public comment; 

10 (B) if the proposed change involves a 

11 science facility of the Administration, the 

12 Science Advisory Board has reviewed the pro13 posed change and provided to the Administrator 

14 written findings regarding the proposed change; 

15 (C) if the proposed change involves a Na16 tional Weather Service field office, the Adminis17 trator has prepared a report including— 

18 (i) a description of local weather char19 acteristics and weather-related concerns 

20 which affect the weather services provided 

21 within the service area; 

22 (ii) a detailed comparison of the serv23 ices provided within the service area and 

24 the services to be provided after the pro25 posed change; 


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1 (iii) a description of any recent or ex2 pected modernization of National Weather 

3 Service operations which will enhance serv4 ices in the service area; 

5 (iv) an identification of any area 

6 within any State which would not receive 

7 coverage (at an elevation of 10,000 feet) due 

8 to the proposed change; and 

9 (v) evidence, based on operational dem10 onstration of National Weather Service op11 erations, which was considered in reaching 

12 the conclusion that no degradation in serv13 ice will result from the proposed change; 

14 (D) the Administrator has prepared an 

15 analysis of the anticipated costs and savings as16 sociated with the proposed facility change, in17 cluding both costs and savings in the first fiscal 

18 year following the change, and changes in oper19 ations and maintenance costs and savings over a 

20 ten-year period; and 

21 (E) the Administrator has prepared an 

22 analysis of the effects of the facility change on 

23 operations and research of the Administration, 

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1 ships, partnerships with other Federal agencies, 

2 and any State and local partnerships. 

3 (3) NOTICE TO CONGRESS.—(A) The Adminis4 trator shall provide to Congress, at least 90 days be5 fore any closure, consolidation, relocation, subdivi6 sion, or establishment of a facility of the Administra7 tion with an annual budget of $5,000,000 or greater, 

8 or any National Weather Service field office, a sum9 mary of the public comments received pursuant to 

10 paragraph (2)(A), any written findings prepared 

11 under paragraph (2)(B), any report prepared under 

12 paragraph (2)(C), and the analyses prepared under 

13 paragraph (2)(D) and (E). 

14 (B) The Administrator shall provide to Congress, 

15 at least 90 days before any closure, consolidation, re16 location, subdivision, or establishment of a facility of 

17 the Administration not described in subparagraph 

18 (A), written notification of the planned closure, con19 solidation, relocation, subdivision, or establishment. 

20 (b) WEATHER SERVICE MODERNIZATION.—Nothing in 

21 this Act shall be construed to alter the Weather Service Mod22 ernization Act (15 U.S.C. 313 note). 

23 (c) DEFINITION.—For purposes of this section— 


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1 (1) the term ‘‘facility’’ means a laboratory, oper2 ations office, administrative service center, or other 

3 establishment of the Administration; and 

4 (2) the term ‘‘field office’’ has the same meaning 

5 given that term in section 702 of the Weather Service 

6 Modernization Act. 

7 SEC. 15. BUDGET REPROGRAMMING. 

8 Whenever the Administrator transmits a budget re9 programming request to the Appropriations Committees of 

10 the House of Representatives and the Senate, the Adminis11 trator shall simultaneously submit a copy of the request to 

12 the Committee on Science and the Committee on Resources 

13 of the House of Representatives and the Committee on Com14 merce, Science, and Transportation of the Senate. 

15 SEC. 16. BASELINES AND COST CONTROLS. 

16 (a) CONDITIONS FOR DEVELOPMENT.— 

17 (1) IN GENERAL.—The Administration shall not 

18 enter into a contract for the development of a major 

19 program unless the Administrator determines that— 

20 (A) the technical, cost, and schedule risks of 

21 the program are clearly identified and the pro22 gram has developed a plan to manage those 

23 risks; 


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1 (B) the technologies required for the pro2 gram have been demonstrated in a relevant lab3 oratory or test environment; and 

4 (C) the program complies with all relevant 

5 policies, regulations, and directives of the Ad6 ministration. 

7 (2) REPORT.—The Administrator shall transmit 

8 a report describing the basis for the determination re9 quired under paragraph (1) to the Committee on 

10 Science of the House of Representatives and the Com11 mittee on Commerce, Science, and Transportation of 

12 the Senate at least 30 days before entering into a con13 tract for development under a major program. 

14 (3) NONDELEGATION.—The Administrator may 

15 not delegate the determination requirement under this 

16 subsection, except in cases in which the Administrator 

17 has a conflict of interest. 

18 (b) MAJOR PROGRAM ANNUAL REPORTS.— 

19 (1) REQUIREMENT.—Annually, at the same time 

20 as the President’s annual budget submission to the 

21 Congress, the Administrator shall transmit to the 

22 Committee on Science of the House of Representatives 

23 and the Committee on Commerce, Science, and Trans24 portation of the Senate a report that includes the in25 formation required by this section for each major proVerDate Aug 31 2005 02:16 Sep 12, 2006 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 E:\BILLS\H5450.RH2 H5450

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1 gram for which the Administration proposes to ex2 pend funds in the subsequent fiscal year. Reports 

3 under this paragraph shall be known as Major Pro4 gram Annual Reports. 

5 (2) BASELINE REPORT.—The first Major Pro6 gram Annual Report for each major program shall 

7 include a Baseline Report that shall, at a minimum, 

8 include— 

9 (A) the purposes of the program and key 

10 technical characteristics necessary to fulfill those 

11 purposes; 

12 (B) an estimate of the life-cycle cost for the 

13 program, with a detailed breakout of the develop14 ment cost, program reserves, and an estimate of 

15 the annual costs until development is completed; 

16 (C) the schedule for development, including 

17 key program milestones; 

18 (D) the plan for mitigating technical, cost, 

19 and schedule risks identified in accordance with 

20 subsection (a)(1)(A); and 

21 (E) the name of the person responsible for 

22 making notifications under subsection (c), who 

23 shall be an individual whose primary responsi24 bility is overseeing the program. 


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1 (3) INFORMATION UPDATES.—For major pro2 grams for which a Baseline Report has been sub3 mitted, each subsequent Major Program Annual Re4 port shall describe any changes to the information 

5 that had been provided in the Baseline Report, and 

6 the reasons for those changes. 

7 (c) NOTIFICATION.— 

8 (1) REQUIREMENT.—The individual identified 

9 under subsection (b)(2)(E) shall immediately notify 

10 the Administrator any time that individual has rea11 sonable cause to believe that, for the major program 

12 for which he or she is responsible— 

13 (A) the development cost of the program is 

14 likely to exceed the estimate provided in the 

15 Baseline Report of the program by 15 percent or 

16 more; or 

17 (B) a milestone of the program is likely to 

18 be delayed by 6 months or more from the date 

19 provided for it in the Baseline Report of the pro20 gram. 

21 (2) REASONS.—Not later than 30 days after the 

22 notification required under paragraph (1), the indi23 vidual identified under subsection (b)(2)(E) shall 

24 transmit to the Administrator a written notification 

25 explaining the reasons for the change in the cost or 


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1 milestone of the program for which notification was 

2 provided under paragraph (1). 

3 (3) NOTIFICATION OF CONGRESS.—Not later 

4 than 15 days after the Administrator receives a writ5 ten notification under paragraph (2), the Adminis6 trator shall transmit the notification to the Com7 mittee on Science of the House of Representatives and 

8 the Committee on Commerce, Science, and Transpor9 tation of the Senate. 

10 (d) FIFTEEN PERCENT THRESHOLD.—Not later than 

11 30 days after receiving a written notification under sub12 section (c)(2), the Administrator shall determine whether 

13 the development cost of the program is likely to exceed the 

14 estimate provided in the Baseline Report of the program 

15 by 15 percent or more, or whether a milestone is likely to 

16 be delayed by 6 months or more. If the determination is 

17 affirmative, the Administrator shall— 

18 (1) transmit to the Committee on Science of the 

19 House of Representatives and the Committee on Com20 merce, Science, and Transportation of the Senate, not 

21 later than 15 days after making the determination, a 

22 report that includes— 

23 (A) a description of the increase in cost or 

24 delay in schedule and a detailed explanation for 

25 the increase or delay; 


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1 (B) a description of actions taken or pro2 posed to be taken in response to the cost increase 

3 or delay; and 

4 (C) a description of any impacts the cost 

5 increase or schedule delay, or the actions de6 scribed under subparagraph (B), will have on 

7 any other program within the Administration; 

8 and 

9 (2) if the Administrator intends to continue with 

10 the program, promptly initiate an analysis of the 

11 program, which shall include, at a minimum— 

12 (A) the projected cost and schedule for com13 pleting the program if current requirements of 

14 the program are not modified; 

15 (B) the projected cost and the schedule for 

16 completing the program after instituting the ac17 tions described under paragraph (1)(B); and 

18 (C) a description of, and the projected cost 

19 and schedule for, a broad range of alternatives to 

20 the program. 

21 The Administration shall complete an analysis initiated 

22 under paragraph (2) not later than 6 months after the Ad23 ministrator makes a determination under this subsection. 

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1 mittee on Commerce, Science, and Transportation of the 

2 Senate not later than 30 days after its completion. 

3 (e) THIRTY PERCENT THRESHOLD.—If the Adminis4 trator determines under subsection (d) that the development 

5 cost of a program will exceed the estimate provided in the 

6 Baseline Report of the program by more than 30 percent, 

7 then, beginning 18 months after the date the Administrator 

8 transmits a report under subsection (d)(1), the Adminis9 trator shall not expend any additional funds on the pro10 gram, other than termination costs, unless the Congress has 

11 subsequently authorized continuation of the program by 

12 law. An appropriation for the specific program enacted sub13 sequent to a report being transmitted shall be considered 

14 an authorization for purposes of this subsection. If the pro15 gram is continued, the Administrator shall submit a new 

16 Baseline Report for the program no later than 90 days after 

17 the date of enactment of the Act under which Congress has 

18 authorized continuation of the program. 

19 (f) DEFINITIONS.—For the purposes of this section— 

20 (1) the term ‘‘development’’ means the phase of 

21 a program following the formulation phase and begin22 ning with the approval to proceed to implementation. 

23 (2) the term ‘‘development cost’’ means the total 

24 of all costs, including construction of facilities and 

25 civil servant costs, from the period beginning with the 


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1 approval to proceed to implementation through the 

2 achievement of operational readiness, without regard 

3 to funding source or management control, for the life 

4 of the program; 

5 (3) the term ‘‘life-cycle cost’’ means the total of 

6 the direct, indirect, recurring, and nonrecurring costs, 

7 including the construction of facilities and civil serv8 ant costs, and other related expenses incurred or esti9 mated to be incurred in the design, development, 

10 verification, production, operation, maintenance, sup11 port, and retirement of a program over its planned 

12 lifespan, without regard to funding source or manage13 ment control; and 

14 (4) the term ‘‘major program’’ means an activity 

15 approved to proceed to implementation that has an 

16 estimated life-cycle cost of more than $250,000,000. 

17 SEC. 17. LIMITATIONS ON OFF-SHORE PERFORMANCE OF 

18 CONTRACTS FOR THE PROCUREMENT OF 

19 GOODS AND SERVICES. 

20 (a) CONVERSIONS TO CONTRACTOR PERFORMANCE OF

21 ADMINISTRATION ACTIVITIES.—Except as provided in sub22 section (c), an activity or function of the Administration 

23 that is converted to contractor performance under Office of 

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1 formed by the contractor or any subcontractor at a location 

2 outside the United States. 

3 (b) CONTRACTS FOR THE PROCUREMENT OF SERV4 ICES.—(1) Except as provided in subsection (c), a contract 

5 for the procurement of goods or services that is entered into 

6 by the Administrator may not be performed outside the 

7 United States unless it is to meet a requirement of the Ad8 ministration for goods or services specifically at a location 

9 outside the United States. 

10 (2) The President may waive the prohibition in para11 graph (1) in the case of any contract for which the Presi12 dent determines in writing that it is necessary in the na13 tional security interests of the United States for goods or 

14 services under the contract to be performed outside the 

15 United States. 

16 (3) The Administrator may waive the prohibition in 

17 paragraph (1) in the case of any contract for which the 

18 Administrator determines in writing that essential goods 

19 or services under the contract are only available from a 

20 source outside the United States. 

21 (c) EXCEPTION.—Subsections (a) and (b)(1) shall not 

22 apply to the extent that the activity or function under the 

23 contract was previously performed by Federal Government 

24 employees outside the United States. 


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1 (d) CONSISTENCY WITH INTERNATIONAL AGREE2 MENTS.—The provisions of this section shall not apply to 

3 the extent that they are inconsistent with obligations of the 

4 United States under international agreements. 

5 SEC. 18. RECORDKEEPING AND REPORTING REQUIREMENT. 

6 The Administrator shall transmit to Congress, not 

7 later than 120 days after the end of each fiscal year begin8 ning with the first fiscal year after the date of enactment 

9 of this Act, a report on the contracts and subcontracts per10 formed overseas and the amount of purchases directly or 

11 indirectly by the Administration from foreign entities in 

12 that fiscal year. The report shall separately indicate— 

13 (1) the contracts and subcontracts and their dol14 lar values for which the Administrator determines 

15 that essential goods or services under the contract are 

16 available only from a source outside the United 

17 States; and 

18 (2) the items and their dollar values for which 

19 the Buy American Act was waived pursuant to obli20 gations of the United States under international 

21 agreements. 


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Union Calendar No. 385 

109TH CONGRESS 

2D SESSION H. R. 5450 

[Report No. 109

–545, Part I] 

A BILL 

To provide for the National Oceanic and Atmospheric Administration, and for other purposes. 

SEPTEMBER 11, 2006 

Committee on Resources discharged; committed to the 

Union and ordered to be printed Committee of the Whole House on the State of the 


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