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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5450 Reported in House (RH)]

                                                 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
[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.

    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''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``Administration'' means the National Oceanic 
        and Atmospheric Administration.
            (2) The term ``Administrator'' means the Administrator of 
        the National Oceanic and Atmospheric Administration.
            (3) The term ``Secretary'' means the Secretary of Commerce.

SEC. 3. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    (a) In General.--There shall be in the Department of Commerce an 
agency known as the National Oceanic and Atmospheric Administration.
    (b) Mission.--The mission of the Administration is to understand 
the systems of the Earth's oceans and atmosphere and predict changes in 
the Earth's oceans and atmosphere and the effects of such changes on 
the land environment, to conserve and manage coastal, ocean, and Great 
Lakes ecosystems to meet national economic, social, and environmental 
needs, and to educate the public about these topics.
    (c) Functions.--The functions of the Administration shall include--
            (1) collecting, through observation and other means, 
        communicating, analyzing, processing, and disseminating 
        comprehensive scientific data and information about weather and 
        climate, solar and geophysical events on the Sun and in the 
        space environment, and about the coasts, oceans, Great Lakes, 
        upper reaches of estuaries, and hydrologic systems;
            (2) operating and maintaining a system for the storage, 
        retrieval, and dissemination of data relating to weather and 
        climate, solar and geophysical events on the Sun and in the 
        space environment, and about the coasts, oceans, Great Lakes, 
        upper reaches of estuaries, and hydrologic systems;
            (3) using observational data and technologies developed by 
        other Federal agencies to improve the Administration's 
        operations;
            (4) conducting and supporting basic and applied research, 
        development, and technology transfer as may be necessary to 
        carry out the mission described in subsection (b);
            (5) issuing weather, water, climate, space weather, 
        tsunami, and other forecasts and warnings related to Earth's 
        oceans and atmosphere;
            (6) coordinating efforts of Federal agencies with respect 
        to meteorological services;
            (7) understanding the science of Earth's climate and 
        related systems, and undertaking research and development to 
        enhance society's ability to plan for and respond to climate 
        variability and change;
            (8) protecting, restoring, and managing the use of, the 
        coasts, oceans, and Great Lakes through ecosystem-based 
        research, development, demonstration, and management;
            (9) administering public outreach and education programs 
        and services to increase scientific and environmental literacy 
        about weather and climate, solar and geophysical events on the 
        Sun and in the space environment, and the coasts, oceans, Great 
        Lakes, upper reaches of estuaries, and hydrologic systems;
            (10) providing, as appropriate and in cooperation with the 
        Secretary of State, representation at all international 
        meetings and conferences relating to the mission of the 
        Administration, including meteorological, climate, and Earth 
        and ocean observing issues;
            (11) any other function assigned to the Administration by 
        law; and
            (12) such other functions as are necessary to accomplish 
        the mission described in subsection (b).

SEC. 4. ADMINISTRATION LEADERSHIP.

    (a) Administrator.--
            (1) In general.--There shall be, as the Administrator of 
        the Administration, an Under Secretary of Commerce for Oceans 
        and Atmosphere. The Administrator shall be appointed by the 
        President, by and with the advice and consent of the Senate. 
        The Administrator shall be paid at the rate of basic pay for 
        level III of the Executive Schedule.
            (2) Functions.--The Administrator shall be responsible 
        for--
                    (A) general management;
                    (B) policy development and guidance;
                    (C) budget formulation, guidance, and execution;
                    (D) serving as the Department of Commerce official 
                for all ocean and atmosphere issues with other elements 
                of the Department of Commerce and with other Federal 
                agencies, State, tribal, and local governments, and the 
                public; and
                    (E) such other duties with respect to the 
                Administration as the Secretary may prescribe.
            (3) Delegation of authority.--The Administrator may, except 
        as otherwise prohibited by law--
                    (A) delegate any functions, powers, or duties of 
                the Administrator to such officers and employees of the 
                Administration as the Administrator may designate; and
                    (B) authorize such successive redelegations of such 
                functions, powers, or duties within the Administration 
                as the Administrator considers necessary or 
                appropriate.
            (4) Authorities.--
                    (A) In general.--As may be necessary or proper to 
                carry out the Administration's functions under this Act 
                or as otherwise provided by law, the Administrator 
                may--
                            (i) promulgate rules and regulations;
                            (ii) enter into and perform contracts, 
                        leases, grants, and cooperative agreements with 
                        Federal agencies, State and local governments, 
                        Indian tribes, international organizations, 
                        foreign governments, educational institutions, 
                        nonprofit organizations, and commercial 
                        organizations;
                            (iii) use, with their consent, and with or 
                        without reimbursement, the services, equipment, 
                        personnel, and facilities of other departments, 
                        agencies, and instrumentalities of the Federal 
                        Government; and
                            (iv) conduct education and outreach in 
                        direct support of the mission described in 
                        section 3(b).
                    (B) Exception.--The authorities conferred on the 
                Administrator by this paragraph do not include the 
                authority to contract for services that are an 
                inherently governmental function as defined in section 
                5 of the Federal Activities Inventory Reform Act of 
                1998 (31 U.S.C. 501 note).
    (b) Assistant Secretary for Oceans and Atmosphere.--
            (1) In general.--There shall be, as Deputy Administrator of 
        the Administration, an Assistant Secretary of Commerce for 
        Oceans and Atmosphere. The Assistant Secretary shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate. The Assistant Secretary shall be the 
        Administrator's first assistant for purposes of subchapter III 
        of chapter 33 of title 5, United States Code. The Assistant 
        Secretary shall be paid at the rate of basic pay for level IV 
        of the Executive Schedule.
            (2) Functions.--The Assistant Secretary shall perform such 
        functions and exercise such powers as the Administrator may 
        prescribe and shall act as Administrator during the absence or 
        disability of the Administrator or in the event of a vacancy in 
        the office of Administrator.
    (c) Deputy Under Secretary for Oceans and Atmosphere.--
            (1) In general.--There shall, be as the Chief Operating 
        Officer of the Administration, a Deputy Under Secretary of 
        Commerce for Oceans and Atmosphere. The Deputy Under Secretary 
        shall be appointed by the Secretary. The position of Deputy 
        Under Secretary shall be a Senior Executive Service position 
        authorized under section 3133 of title 5, United States Code.
            (2) Functions.--The Deputy Under Secretary--
                    (A) shall ensure the timely and effective 
                implementation of Administration policies and 
                objectives;
                    (B) shall be responsible for all aspects of the 
                Administration's operations and management, including 
                budget, financial operations, information services, 
                facilities, human resources, procurements, and 
                associated services;
                    (C) in the absence or disability of the Assistant 
                Secretary, or in the event of a vacancy in such 
                position, shall act in that position; and
                    (D) shall perform such other duties as the 
                Administrator shall prescribe.
    (d) Deputy Assistant Secretary for Science and Education.--
            (1) In general.--There shall be in the Administration a 
        Deputy Assistant Secretary for Science and Education who shall 
        coordinate and oversee the science and education activities of 
        the Administration and their application to Administration 
        decisions and operations. The Deputy Assistant Secretary for 
        Science and Education shall be appointed by the Secretary. The 
        position of Deputy Assistant Secretary for Science and 
        Education shall be a Senior Executive Service career reserved 
        position as defined in section 3132(a)(8) of title 5, United 
        States Code.
            (2) Functions.--The Deputy Assistant Secretary for Science 
        and Education shall--
                    (A) coordinate research and development activities 
                across the Administration;
                    (B) review the Administration's annual budget to 
                ensure that funding for research and development is 
                adequate, properly focused, and carried out by the 
                appropriate entities across the Administration;
                    (C) advise the Administrator on how research 
                results can be applied to operational use;
                    (D) advise the Administrator regarding science 
                issues and their relationship to Administration 
                policies, procedures, and decisions;
                    (E) participate in developing the Administration's 
                strategic plans and policies and review the science and 
                education aspects of those plans and policies;
                    (F) serve as liaison to the nongovernmental science 
                community;
                    (G) develop and oversee guidelines for peer review 
                of research sponsored or conducted by the 
                Administration;
                    (H) oversee implementation of the strategic plan 
                for research and development required under section 
                9(b);
                    (I) oversee management of laboratories in the 
                Administration;
                    (J) oversee the research and education programs of 
                the Administration; and
                    (K) perform such other duties as the Administrator 
                shall prescribe.
            (3) Qualifications.--An individual appointed under 
        paragraph (1) shall be a person who has an outstanding science 
        and education background, including research accomplishments, 
        scientific reputation, and public policy experience.
            (4) Consultation.--Before appointing an individual under 
        paragraph (1), the Secretary shall consult with the National 
        Academy of Sciences, the Science Advisory Board of the 
        Administration, and other appropriate scientific organizations.
    (e) Deputy Assistant Secretaries.--There may be in the 
Administration no more than two additional Deputy Assistant Secretaries 
whose duties may be designated by the Administrator. The Deputy 
Assistant Secretaries shall be appointed by the Secretary. The 
positions of Deputy Assistant Secretaries shall be Senior Executive 
Service positions authorized under section 3133 of title 5, United 
States Code.
    (f) General Counsel.--
            (1) In general.--There shall be in the Administration a 
        General Counsel. The General Counsel shall be appointed by the 
        Secretary. The General Counsel shall be paid at the rate of 
        basic pay for level V of the Executive Schedule.
            (2) Functions.--The General Counsel--
                    (A) 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
                    (B) shall perform such other functions and exercise 
                such powers as the Administrator may prescribe.
    (g) Continuation of Service.--Any individual serving on the 
effective date 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. Nothing in this Act shall be construed to require the 
appointment of a successor under this Act sooner than would have been 
required under law as in effect before the effective date of this Act.

SEC. 5. NATIONAL WEATHER SERVICE.

    (a) In General.--The Secretary shall maintain within the 
Administration the National Weather Service.
    (b) Mission.--The mission of the National Weather Service is to 
provide weather, water, climate, tsunami, and space weather forecasts 
and warnings for the United States, its territories, adjacent waters, 
and ocean areas for the protection of life and property and the 
enhancement of the national economy. In carrying out the mission of the 
National Weather Service, the Administrator shall ensure that the 
National Weather Service--
            (1) provides timely and accurate weather, water, climate, 
        tsunami, and space weather forecasts; and
            (2) provides timely and accurate warnings of natural 
        hazards related to weather, water, climate, and tsunamis, and 
        of space weather hazards.
    (c) Functions.--The functions of the National Weather Service shall 
include--
            (1) maintaining a network of local weather forecast 
        offices;
            (2) maintaining a network of observation systems to collect 
        weather and climate data;
            (3) operating national centers to deliver guidance, 
        forecasts, warnings, and analysis about weather, water, 
        climate, tsunami, and space weather phenomena for the 
        Administration and the public;
            (4) providing information to Federal agencies and other 
        organizations responsible for emergency preparedness and 
        response as required by law;
            (5) conducting and supporting applied research to 
        facilitate the rapid incorporation of weather and climate 
        science advances into operational tools; and
            (6) other functions to serve the mission of the National 
        Weather Service described in subsection (b).

SEC. 6. OPERATIONS AND SERVICES.

    (a) In General.--The Secretary shall maintain within the 
Administration programs to support efforts, on a continuing basis, to 
collect data and provide information and products regarding satellites, 
observations, and coastal, ocean and Great Lakes information.
    (b) Functions.--To accomplish the mission described in section 
3(b), and in addition to the functions described in section 3(c), the 
operations and service aspects of the Administration shall include--
            (1) acquiring, managing, and operating coastal, ocean, and 
        Great Lakes observing systems;
            (2) contributing to the operation of a global Earth-
        observing system;
            (3) integrating Administration remote sensing and in situ 
        assets that provide critical data needed to support the mission 
        of the Administration, and providing that data to 
        decisionmakers and the public;
            (4) developing, acquiring, and managing operational 
        environmental satellite programs and associated ground control 
        and data acquisition and delivery facilities to support the 
        mission of the Administration;
            (5) managing and distributing atmospheric, geophysical, and 
        marine data and data products for the Administration through 
        national environmental data centers;
            (6) providing for long-term stewardship of environmental 
        data, products, and information via data processing, storage, 
        reanalysis, reprocessing, and archive facilities;
            (7) issuing licenses for private remote sensing space 
        systems under the Land Remote Sensing Policy Act of 1992;
            (8) administering a national water level observation 
        network, which shall include monitoring of the Great Lakes;
            (9) providing charts and other information for safe 
        navigation of the oceans and inland waters, as provided by law;
            (10) maintaining a fleet of ships and aircraft to support 
        the mission of the Administration; and
            (11) such other operations and services functions to serve 
        the mission of the Administration as the Administrator may 
        prescribe.

SEC. 7. RESEARCH AND EDUCATION.

    (a) In General.--The Secretary shall maintain within the 
Administration programs to conduct and support research and education 
and the development of technologies relating to weather, climate, and 
the coasts, oceans, and Great Lakes.
    (b) Functions.--To accomplish the mission described in section 
3(b), and in addition to the functions described in section 3(c), the 
research and education aspects of the Administration shall include--
            (1) conducting and supporting research and development to 
        improve the Administration's capabilities to collect, through 
        observation and otherwise, communicate, analyze, process, and 
        disseminate comprehensive scientific data and information about 
        weather, climate, and the coasts, oceans, and Great Lakes;
            (2) improving ecological prediction and management 
        capabilities through ecosystem-based research and development;
            (3) contributing information on the Earth's climate and 
        related systems, obtained through research and observation, 
        that addresses questions confronting policymakers, resources 
        managers, and other users;
            (4) reducing uncertainty in projections of how the Earth's 
        climate and related systems may change in the future;
            (5) fostering the public's ability to understand and 
        integrate scientific information into considerations of 
        national environmental issues through education and public 
        outreach activities;
            (6) administering the National Sea Grant College Program 
        Act;
            (7) conducting and supporting research and development of 
        technology for exploration of the oceans;
            (8) maintaining a system of laboratories to perform the 
        functions described in this subsection;
            (9) supporting extramural peer-reviewed competitive grant 
        programs to assist the Administration in performing the 
        functions described in this subsection; and
            (10) such other research, development, education, and 
        outreach functions to serve the mission of the Administration 
        as the Administrator may prescribe.

SEC. 8. SCIENCE ADVISORY BOARD.

    (a) In General.--There shall be within the Administration a Science 
Advisory Board, which shall provide such scientific advice as may be 
requested by the Administrator, the Committee on Commerce, Science, and 
Transportation of the Senate, or the Committee on Science or on 
Resources of the House of Representatives.
    (b) Purpose.--The purpose of the Science Advisory Board is to 
advise the Administrator and Congress on long-range and short-range 
strategies for research, education, and the application of science to 
resource management and environmental assessment and prediction.
    (c) Members.--
            (1) In general.--The Science Advisory Board shall be 
        composed of at least 15 members appointed by the Administrator. 
        Each member of the Board shall be qualified by education, 
        training, and experience to evaluate scientific and technical 
        information on matters referred to the Board under this 
        section.
            (2) Terms of service.--Members shall be appointed for 3-
        year terms, renewable once, and shall serve at the discretion 
        of the Administrator. An individual serving a term as a member 
        of the Science Advisory Board on the date of enactment of this 
        Act may complete that term, and may be reappointed once for 
        another term of 3 years unless the term being served on such 
        date of enactment is the second term served by that individual. 
        Vacancy appointments shall be for the remainder of the 
        unexpired term of the vacancy, and an individual so appointed 
        may subsequently be appointed for 2 full 3-year terms if the 
        remainder of the unexpired term is less than one year.
            (3) Chairperson.--The Administrator shall designate a 
        chairperson from among the members of the Board.
            (4) Appointment.--Members of the Science Advisory Board 
        shall be appointed as special Government employees, within the 
        meaning given such term in section 202(a) of title 18, United 
        States Code.
    (d) Administrative Provisions.--
            (1) Reporting.--The Science Advisory Board shall report to 
        the Administrator and the appropriate requesting party.
            (2) Administrative support.--The Administrator shall 
        provide administrative support to the Science Advisory Board.
            (3) Meetings.--The Science Advisory Board shall meet at 
        least twice each year, and at other times at the call of the 
        Administrator or the Chairperson.
            (4) Compensation and expenses.--A member of the Science 
        Advisory Board shall not be compensated for service on such 
        board, but 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) Subcommittees.--The Science Advisory Board may 
        establish such subcommittees of its members as may be 
        necessary. The Science Advisory Board may establish task forces 
        and working groups consisting of Board members and outside 
        experts as may be necessary.
    (e) Expiration.--Section 14 of the Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Science Advisory Board.

SEC. 9. REPORTS.

    (a) Report on Data Management, Archival, and Distribution.--
            (1) Contents.--Not later than 1 year after the date of 
        enactment of this Act, and once every 5 years thereafter, the 
        Administrator shall do the following:
                    (A) Enter into an arrangement with the National 
                Academy of Sciences to review the environmental data 
                and information systems of the Administration and to 
                provide recommendations to address any inadequacies 
                identified by the review. The review shall assess the 
                adequacy of the environmental data and information 
                systems of the Administration to--
                            (i) provide adequate capacity to manage, 
                        archive and disseminate environmental 
                        information collected and processed, or 
                        expected to be collected and processed, by the 
                        Administration, including data gathered by 
                        other agencies that is processed or stored by 
                        the Administration;
                            (ii) establish, develop, and maintain 
                        information bases, including necessary 
                        management systems, which will provide for 
                        consistent, efficient, and compatible transfer 
                        and use of data;
                            (iii) develop effective interfaces among 
                        the environmental data and information systems 
                        of the Administration and other appropriate 
                        departments and agencies;
                            (iv) develop and use nationally accepted 
                        formats and standards for data collected by 
                        various national and international sources;
                            (v) integrate and interpret data from 
                        different sources to produce information that 
                        can be used by decisionmakers in developing 
                        policies that effectively respond to national 
                        and global environmental concerns; and
                            (vi) reanalyze and reprocess the archived 
                        data as better science is developed to 
                        integrate diverse data sources.
                    (B) Develop a strategic plan, with respect to the 
                environmental data and information systems of the 
                Administration, to--
                            (i) respond to each of the recommendations 
                        in the review conducted under subparagraph (A);
                            (ii) set forth modernization and 
                        improvement objectives for an integrated 
                        national environmental data access and archive 
                        system for the 10-year period beginning with 
                        the year in which the plan is transmitted, 
                        including facility requirements and critical 
                        new technology components that would be 
                        necessary to meet the objectives set forth;
                            (iii) propose specific Administration 
                        programs and activities for implementing the 
                        plan;
                            (iv) identify the data and information 
                        management, reanalysis, reprocessing, archival, 
                        and distribution responsibilities of the 
                        Administration with respect to other Federal 
                        departments and agencies and international 
                        organizations; and
                            (v) provide an implementation schedule and 
                        estimate funding levels necessary to achieve 
                        modernization and improvement objectives.
            (2) Transmittal to congress.--Not later than 18 months 
        after the date of enactment of this Act, the Administrator 
        shall transmit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Science of 
        the House of Representatives the initial review and strategic 
        plan developed under paragraph (1). Subsequent reviews and 
        strategic plans developed under paragraph (1) shall also be 
        transmitted to those committees upon completion.
    (b) Strategic Plan for Research and Development.--
            (1) Contents.--Not later than 1 year after the date of 
        enactment of this Act, and once every 5 years thereafter, the 
        Administrator shall develop a strategic plan for research and 
        development at the Administration. The plan shall include--
                    (A) an assessment of the science and technology 
                needs of the Administration based on the 
                Administration's operational requirements and on input 
                provided by external stakeholders at the national, 
                regional, State, and local levels; and
                    (B) a strategic plan that assigns specific programs 
                within the administration the responsibility to meet 
                each need identified under subparagraph (A) and that 
                describes the extent to which each need identified in 
                subparagraph (A) will be addressed through--
                            (i) intramural research;
                            (ii) extramural, peer-reviewed, competitive 
                        grant programs; and
                            (iii) work done in cooperation with other 
                        Federal agencies.
            (2) National academy of sciences review.--The Administrator 
        shall enter into an arrangement with the National Academy of 
        Sciences for a review of the plan developed under paragraph 
        (1).
            (3) Transmittal to congress.--Not later than 18 months 
        after the date of enactment of this Act, the Administrator 
        shall transmit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Science of 
        the House of Representatives the initial strategic plan 
        developed under paragraph (1) and the review prepared pursuant 
        to paragraph (2). Subsequent strategic plans developed under 
        paragraph (1) shall also be transmitted to those committees 
        upon completion.

SEC. 10. PUBLIC-PRIVATE PARTNERSHIPS.

    Not less than once every 5 years, the Secretary shall develop and 
submit to Congress a policy that defines processes for making decisions 
about the roles of the Administration, the private sector, and the 
academic community in providing environmental information, products, 
technologies, and services. The first such submission shall be 
completed not less than 3 years after the date of enactment of this 
Act. At least 90 days before each submission of the policy to Congress, 
the Secretary shall publish the policy in the Federal Register for a 
public comment period of not less than 60 days. Nothing in this section 
shall be construed to require changes in the policy in effect on the 
date of enactment of this Act.

SEC. 11. EFFECT OF REORGANIZATION PLAN.

    Reorganization Plan No. 4 of 1970 shall have no further force and 
effect.

SEC. 12. SAVINGS PROVISION.

    All rules and regulations, determinations, standards, contracts, 
including collective bargaining agreements, certifications, 
authorizations, appointments, delegations, results and findings of 
investigations, and other actions duly issued, made, or taken by or 
pursuant to or under the authority of any statute or executive order 
which resulted in the assignment of functions or activities to the 
Secretary, the Department of Commerce, the Under Secretary of Commerce 
for Oceans and Atmosphere, the Administrator, or any other officer of 
the Administration, that is in effect immediately before the date of 
enactment of this Act, shall continue in full force and effect after 
the effective date of this Act until modified or rescinded. All suits, 
appeals, judgments, and proceedings pending on such effective date 
relating to responsibilities or functions transferred pursuant to this 
Act shall continue without regard to such transfers, except for the 
transfer of responsibilities or functions. Any reference in law to a 
responsibility, function, or office transferred pursuant to this Act 
shall be deemed to refer to the responsibility, function, or office as 
so transferred. Nothing in this Act shall be construed to limit the 
ability of an Administration employee to discuss scientific research 
performed by that employee. Nothing in this Act shall be construed to 
alter the responsibilities or authorities of any other Federal agency. 
Nothing in this Act shall be construed to authorize or prohibit the 
transfer of any program, function, or project from other Federal 
agencies to the Administration. Nothing in this Act shall be construed 
to expand, modify, or supersede the authority that the Administration 
has immediately before the date of enactment of this Act, nor to 
provide the Administration with any new regulatory authority. Nothing 
in this Act shall be construed to grant the Administrator any authority 
to construct, alter, repair, or acquire by any means a public building, 
as defined at section 3301 of title 40, United States Code, or to grant 
any authority to lease general purpose office or storage space in any 
building; and nothing in this Act shall be construed to diminish any 
authority the Administrator has immediately before the date of 
enactment of this Act to construct, alter, repair, or acquire by any 
means a public building, as defined at section 3301 of title 40, United 
States Code, or to diminish any authority the Administrator has 
immediately before the date of enactment of this Act to lease general 
purpose office or storage space in any building (regardless of whether 
those authorities are derived from laws, executive orders, rules, 
regulations, or delegations of authority from the Secretary of 
Commerce).

SEC. 13. REORGANIZATION PLAN.

    (a) Schedule.--(1) Not later than 18 months after the date of 
enactment of this Act, the Administrator shall develop a reorganization 
plan for the Administration in accordance with this section and shall 
publish the plan in the Federal Register. The Federal Register notice 
shall solicit comments for a period of 60 days.
    (2) Not later than 90 days after the expiration date of the comment 
period described in paragraph (1), the Administrator shall transmit to 
Congress a revised version of the plan that takes into account the 
comments received. The Administrator shall also publish the revised 
plan in the Federal Register. The Administrator shall transmit and 
publish, along with the plan, an explanation of how the Administrator 
dealt with each issue raised by the comments received.
    (3) The Administrator shall implement the plan 60 days after the 
plan has been transmitted to the Congress.
    (b) Content.--The plan, to the greatest extent practicable, shall--
            (1) consistent with section 5 and the other provisions of 
        this Act, maximize the efficiency with which the Administration 
        carries out the functions of--
                    (A) operations and services;
                    (B) research and education; and
                    (C) resource management;
            (2) improve the sharing of research and other information 
        that is of use across programmatic themes; and
            (3) eliminate duplication of effort or overlapping efforts 
        among offices.
    (c) Consultation.--In developing the plan, the Administrator shall 
consult with interested parties, including the States, academia, 
industry, conservation organizations, and Administration employees.

SEC. 14. FACILITY EVALUATION PROCESS.

    (a) Public Notification and Assessment Process.--
            (1) In general.--The Administrator shall not close, 
        consolidate, relocate, subdivide, or establish a facility of 
        the Administration, unless and until the Administrator has 
        followed the procedures required by this section.
            (2) Review process.--The Administrator shall not close, 
        consolidate, relocate, subdivide, or establish a facility of 
        the Administration with an annual operating budget of 
        $5,000,000 or greater, or a National Weather Service field 
        office, unless and until--
                    (A) the Administrator has published in the Federal 
                Register the proposed action and a description of the 
                offices, personnel, and activities of the 
                Administration that would be affected by the proposed 
                change, and has provided for a minimum of 60 days for 
                public comment;
                    (B) if the proposed change involves a science 
                facility of the Administration, the Science Advisory 
                Board has reviewed the proposed change and provided to 
                the Administrator written findings regarding the 
                proposed change;
                    (C) if the proposed change involves a National 
                Weather Service field office, the Administrator has 
                prepared a report including--
                            (i) a description of local weather 
                        characteristics and weather-related concerns 
                        which affect the weather services provided 
                        within the service area;
                            (ii) a detailed comparison of the services 
                        provided within the service area and the 
                        services to be provided after the proposed 
                        change;
                            (iii) a description of any recent or 
                        expected modernization of National Weather 
                        Service operations which will enhance services 
                        in the service area;
                            (iv) an identification of any area within 
                        any State which would not receive coverage (at 
                        an elevation of 10,000 feet) due to the 
                        proposed change; and
                            (v) evidence, based on operational 
                        demonstration of National Weather Service 
                        operations, which was considered in reaching 
                        the conclusion that no degradation in service 
                        will result from the proposed change;
                    (D) the Administrator has prepared an analysis of 
                the anticipated costs and savings associated with the 
                proposed facility change, including both costs and 
                savings in the first fiscal year following the change, 
                and changes in operations and maintenance costs and 
                savings over a ten-year period; and
                    (E) the Administrator has prepared an analysis of 
                the effects of the facility change on operations and 
                research of the Administration, and the potential 
                impacts on cooperative institutes, other external 
                Administration partnerships, partnerships with other 
                Federal agencies, and any State and local partnerships.
            (3) Notice to congress.--(A) The Administrator shall 
        provide to Congress, at least 90 days before any closure, 
        consolidation, relocation, subdivision, or establishment of a 
        facility of the Administration with an annual budget of 
        $5,000,000 or greater, or any National Weather Service field 
        office, a summary of the public comments received pursuant to 
        paragraph (2)(A), any written findings prepared under paragraph 
        (2)(B), any report prepared under paragraph (2)(C), and the 
        analyses prepared under paragraph (2)(D) and (E).
            (B) The Administrator shall provide to Congress, at least 
        90 days before any closure, consolidation, relocation, 
        subdivision, or establishment of a facility of the 
        Administration not described in subparagraph (A), written 
        notification of the planned closure, consolidation, relocation, 
        subdivision, or establishment.
    (b) Weather Service Modernization.--Nothing in this Act shall be 
construed to alter the Weather Service Modernization Act (15 U.S.C. 313 
note).
    (c) Definition.--For purposes of this section--
            (1) the term ``facility'' means a laboratory, operations 
        office, administrative service center, or other establishment 
        of the Administration; and
            (2) the term ``field office'' has the same meaning given 
        that term in section 702 of the Weather Service Modernization 
        Act.

SEC. 15. BUDGET REPROGRAMMING.

    Whenever the Administrator transmits a budget reprogramming request 
to the Appropriations Committees of the House of Representatives and 
the Senate, the Administrator shall simultaneously submit a copy of the 
request to the Committee on Science and the Committee on Resources of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate.

SEC. 16. BASELINES AND COST CONTROLS.

    (a) Conditions for Development.--
            (1) In general.--The Administration shall not enter into a 
        contract for the development of a major program unless the 
        Administrator determines that--
                    (A) the technical, cost, and schedule risks of the 
                program are clearly identified and the program has 
                developed a plan to manage those risks;
                    (B) the technologies required for the program have 
                been demonstrated in a relevant laboratory or test 
                environment; and
                    (C) the program complies with all relevant 
                policies, regulations, and directives of the 
                Administration.
            (2) Report.--The Administrator shall transmit a report 
        describing the basis for the determination required under 
        paragraph (1) to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate at least 30 days before entering 
        into a contract for development under a major program.
            (3) Nondelegation.--The Administrator may not delegate the 
        determination requirement under this subsection, except in 
        cases in which the Administrator has a conflict of interest.
    (b) Major Program Annual Reports.--
            (1) Requirement.--Annually, at the same time as the 
        President's annual budget submission to the Congress, the 
        Administrator shall transmit to the Committee on Science of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report that 
        includes the information required by this section for each 
        major program for which the Administration proposes to expend 
        funds in the subsequent fiscal year. Reports under this 
        paragraph shall be known as Major Program Annual Reports.
            (2) Baseline report.--The first Major Program Annual Report 
        for each major program shall include a Baseline Report that 
        shall, at a minimum, include--
                    (A) the purposes of the program and key technical 
                characteristics necessary to fulfill those purposes;
                    (B) an estimate of the life-cycle cost for the 
                program, with a detailed breakout of the development 
                cost, program reserves, and an estimate of the annual 
                costs until development is completed;
                    (C) the schedule for development, including key 
                program milestones;
                    (D) the plan for mitigating technical, cost, and 
                schedule risks identified in accordance with subsection 
                (a)(1)(A); and
                    (E) the name of the person responsible for making 
                notifications under subsection (c), who shall be an 
                individual whose primary responsibility is overseeing 
                the program.
            (3) Information updates.--For major programs for which a 
        Baseline Report has been submitted, each subsequent Major 
        Program Annual Report shall describe any changes to the 
        information that had been provided in the Baseline Report, and 
        the reasons for those changes.
    (c) Notification.--
            (1) Requirement.--The individual identified under 
        subsection (b)(2)(E) shall immediately notify the Administrator 
        any time that individual has reasonable cause to believe that, 
        for the major program for which he or she is responsible--
                    (A) the development cost of the program is likely 
                to exceed the estimate provided in the Baseline Report 
                of the program by 15 percent or more; or
                    (B) a milestone of the program is likely to be 
                delayed by 6 months or more from the date provided for 
                it in the Baseline Report of the program.
            (2) Reasons.--Not later than 30 days after the notification 
        required under paragraph (1), the individual identified under 
        subsection (b)(2)(E) shall transmit to the Administrator a 
        written notification explaining the reasons for the change in 
        the cost or milestone of the program for which notification was 
        provided under paragraph (1).
            (3) Notification of congress.--Not later than 15 days after 
        the Administrator receives a written notification under 
        paragraph (2), the Administrator shall transmit the 
        notification to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
    (d) Fifteen Percent Threshold.--Not later than 30 days after 
receiving a written notification under subsection (c)(2), the 
Administrator shall determine whether the development cost of the 
program is likely to exceed the estimate provided in the Baseline 
Report of the program by 15 percent or more, or whether a milestone is 
likely to be delayed by 6 months or more. If the determination is 
affirmative, the Administrator shall--
            (1) transmit to the Committee on Science of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate, not later than 15 days after 
        making the determination, a report that includes--
                    (A) a description of the increase in cost or delay 
                in schedule and a detailed explanation for the increase 
                or delay;
                    (B) a description of actions taken or proposed to 
                be taken in response to the cost increase or delay; and
                    (C) a description of any impacts the cost increase 
                or schedule delay, or the actions described under 
                subparagraph (B), will have on any other program within 
                the Administration; and
            (2) if the Administrator intends to continue with the 
        program, promptly initiate an analysis of the program, which 
        shall include, at a minimum--
                    (A) the projected cost and schedule for completing 
                the program if current requirements of the program are 
                not modified;
                    (B) the projected cost and the schedule for 
                completing the program after instituting the actions 
                described under paragraph (1)(B); and
                    (C) a description of, and the projected cost and 
                schedule for, a broad range of alternatives to the 
                program.
The Administration shall complete an analysis initiated under paragraph 
(2) not later than 6 months after the Administrator makes a 
determination under this subsection. The Administrator shall transmit 
the analysis to the Committee on Science of the House of 
Representatives and Committee on Commerce, Science, and Transportation 
of the Senate not later than 30 days after its completion.
    (e) Thirty Percent Threshold.--If the Administrator determines 
under subsection (d) that the development cost of a program will exceed 
the estimate provided in the Baseline Report of the program by more 
than 30 percent, then, beginning 18 months after the date the 
Administrator transmits a report under subsection (d)(1), the 
Administrator shall not expend any additional funds on the program, 
other than termination costs, unless the Congress has subsequently 
authorized continuation of the program by law. An appropriation for the 
specific program enacted subsequent to a report being transmitted shall 
be considered an authorization for purposes of this subsection. If the 
program is continued, the Administrator shall submit a new Baseline 
Report for the program no later than 90 days after the date of 
enactment of the Act under which Congress has authorized continuation 
of the program.
    (f) Definitions.--For the purposes of this section--
            (1) the term ``development'' means the phase of a program 
        following the formulation phase and beginning with the approval 
        to proceed to implementation.
            (2) the term ``development cost'' means the total of all 
        costs, including construction of facilities and civil servant 
        costs, from the period beginning with the approval to proceed 
        to implementation through the achievement of operational 
        readiness, without regard to funding source or management 
        control, for the life of the program;
            (3) the term ``life-cycle cost'' means the total of the 
        direct, indirect, recurring, and nonrecurring costs, including 
        the construction of facilities and civil servant costs, and 
        other related expenses incurred or estimated to be incurred in 
        the design, development, verification, production, operation, 
        maintenance, support, and retirement of a program over its 
        planned lifespan, without regard to funding source or 
        management control; and
            (4) the term ``major program'' means an activity approved 
        to proceed to implementation that has an estimated life-cycle 
        cost of more than $250,000,000.

SEC. 17. LIMITATIONS ON OFF-SHORE PERFORMANCE OF CONTRACTS FOR THE 
              PROCUREMENT OF GOODS AND SERVICES.

    (a) Conversions to Contractor Performance of Administration 
Activities.--Except as provided in subsection (c), an activity or 
function of the Administration that is converted to contractor 
performance under Office of Management and Budget Circular A-76 may not 
be performed by the contractor or any subcontractor at a location 
outside the United States.
    (b) Contracts for the Procurement of Services.--(1) Except as 
provided in subsection (c), a contract for the procurement of goods or 
services that is entered into by the Administrator may not be performed 
outside the United States unless it is to meet a requirement of the 
Administration for goods or services specifically at a location outside 
the United States.
    (2) The President may waive the prohibition in paragraph (1) in the 
case of any contract for which the President determines in writing that 
it is necessary in the national security interests of the United States 
for goods or services under the contract to be performed outside the 
United States.
    (3) The Administrator may waive the prohibition in paragraph (1) in 
the case of any contract for which the Administrator determines in 
writing that essential goods or services under the contract are only 
available from a source outside the United States.
    (c) Exception.--Subsections (a) and (b)(1) shall not apply to the 
extent that the activity or function under the contract was previously 
performed by Federal Government employees outside the United States.
    (d) Consistency With International Agreements.--The provisions of 
this section shall not apply to the extent that they are inconsistent 
with obligations of the United States under international agreements.

SEC. 18. RECORDKEEPING AND REPORTING REQUIREMENT.

    The Administrator shall transmit to Congress, not later than 120 
days after the end of each fiscal year beginning with the first fiscal 
year after the date of enactment of this Act, a report on the contracts 
and subcontracts performed overseas and the amount of purchases 
directly or indirectly by the Administration from foreign entities in 
that fiscal year. The report shall separately indicate--
            (1) the contracts and subcontracts and their dollar values 
        for which the Administrator determines that essential goods or 
        services under the contract are available only from a source 
        outside the United States; and
            (2) the items and their dollar values for which the Buy 
        American Act was waived pursuant to obligations of the United 
        States under international agreements.
                                                 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 Committee of the 
    Whole House on the State of the Union and ordered to be printed
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