IIB 

109TH CONGRESS 

2D SESSION H. R. 5450 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 21, 2006 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Atmospheric Administration Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) The term ‘‘Administration’’ means the Na7 tional Oceanic and Atmospheric Administration. 

8 (2) The term ‘‘Administrator’’ means the Ad9 ministrator of the National Oceanic and Atmos10 pheric Administration. 

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

12 of Commerce. 

13 SEC. 3. NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS14 TRATION. 

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

16 of Commerce an agency known as the National Oceanic 

17 and Atmospheric Administration. 

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

19 to understand the systems of the Earth’s oceans and at20 mosphere and predict changes in the Earth’s oceans and 

21 atmosphere and the effects of such changes on the land 

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

23 Great Lakes ecosystems to meet national economic, social, 

24 and environmental needs, and to educate the public about 

25 these topics. 


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1 (c) FUNCTIONS.—The functions of the Administra2 tion shall include— 

3 (1) collecting, through observation and other 

4 means, communicating, analyzing, processing, and 

5 disseminating comprehensive scientific data and in6 formation about weather and climate, solar and geo7 physical events on the Sun and in the space environ8 ment, and about the coasts, oceans, Great Lakes, 

9 upper reaches of estuaries, and hydrologic systems; 

10 (2) operating and maintaining a system for the 

11 storage, retrieval, and dissemination of data relating 

12 to weather and climate, solar and geophysical events 

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

14 the coasts, oceans, Great Lakes, upper reaches of es15 tuaries, and hydrologic systems; 

16 (3) using observational data and technologies 

17 developed by other Federal agencies to improve the 

18 Administration’s operations; 

19 (4) conducting and supporting basic and ap20 plied research, development, and technology transfer 

21 as may be necessary to carry out the mission de22 scribed in subsection (b); 

23 (5) issuing weather, water, climate, space 

24 weather, tsunami, and other forecasts and warnings 

25 related to Earth’s oceans and atmosphere; 


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1 (6) coordinating efforts of Federal agencies 

2 with respect to meteorological services; 

3 (7) understanding the science of Earth’s cli4 mate and related systems, and undertaking research 

5 and development to enhance society’s ability to plan 

6 for and respond to climate variability and change; 

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

8 of, the coasts, oceans, and Great Lakes through eco9 system-based research, development, demonstration, 

10 and management; 

11 (9) administering public outreach and education 

12 programs and services to increase scientific and en13 vironmental literacy about weather and climate, 

14 solar and geophysical events on the Sun and in the 

15 space environment, and the coasts, oceans, Great 

16 Lakes, upper reaches of estuaries, and hydrologic 

17 systems; 

18 (10) providing, as appropriate and in coopera19 tion with the Secretary of State, representation at 

20 all international meetings and conferences relating 

21 to the mission of the Administration, including mete22 orological, climate, and Earth and ocean observing 

23 issues; 

24 (11) any other function assigned to the Admin25 istration by law; and 


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1 (12) such other functions as are necessary to 

2 accomplish the mission described in subsection (b). 

3 SEC. 4. ADMINISTRATION LEADERSHIP. 

4 (a) ADMINISTRATOR.— 

5 (1) IN GENERAL.—There shall be, as the Ad6 ministrator of the Administration, an Under Sec7 retary of Commerce for Oceans and Atmosphere. 

8 The Administrator shall be appointed by the Presi9 dent, by and with the advice and consent of the Sen10 ate. The Administrator shall be paid at the rate of 

11 basic pay for level III of the Executive Schedule. 

12 (2) FUNCTIONS.—The Administrator shall be 

13 responsible for— 

14 (A) general management; 

15 (B) policy development and guidance; 

16 (C) budget formulation, guidance, and exe17 cution; 

18 (D) serving as the Department of Com19 merce official for all ocean and atmosphere 

20 issues with other elements of the Department of 

21 Commerce and with other Federal agencies, 

22 State, tribal, and local governments, and the 

23 public; and 

24 (E) such other duties with respect to the 

25 Administration as the Secretary may prescribe. 


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1 (3) DELEGATION OF AUTHORITY.—The Admin2 istrator may, except as otherwise prohibited by 

3 law— 

4 (A) delegate any functions, powers, or du5 ties of the Administrator to such officers and 

6 employees of the Administration as the Admin7 istrator may designate; and 

8 (B) authorize such successive redelegations 

9 of such functions, powers, or duties within the 

10 Administration as the Administrator considers 

11 necessary or appropriate. 

12 (4) AUTHORITIES.— 

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

14 proper to carry out the Administration’s func15 tions under this Act or as otherwise provided by 

16 law, the Administrator may— 

17 (i) promulgate rules and regulations; 

18 (ii) enter into and perform contracts, 

19 leases, grants, and cooperative agreements 

20 with Federal agencies, State and local gov21 ernments, Indian tribes, international or22 ganizations, foreign governments, edu23 cational institutions, nonprofit organiza24 tions, and commercial organizations; 


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

2 or without reimbursement, the services, 

3 equipment, personnel, and facilities of 

4 other departments, agencies, and instru5 mentalities of the Federal Government; 

6 and 

7 (iv) conduct education and outreach 

8 in direct support of the mission described 

9 in section 3(b). 

10 (B) EXCEPTION.—The authorities con11 ferred on the Administrator by this paragraph 

12 do not include the authority to contract for 

13 services that are an inherently governmental 

14 function as defined in section 5 of the Federal 

15 Activities Inventory Reform Act of 1998 (31 

16 U.S.C. 501 note). 

17 (b) ASSISTANT SECRETARY FOR OCEANS AND AT18 MOSPHERE.— 

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

20 Administrator of the Administration, an Assistant 

21 Secretary of Commerce for Oceans and Atmosphere. 

22 The Assistant Secretary shall be appointed by the 

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

24 Senate. The Assistant Secretary shall be the Admin25 istrator’s first assistant for purposes of subchapter 


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1 III of chapter 33 of title 5, United States Code. The 

2 Assistant Secretary shall be paid at the rate of basic 

3 pay for level IV of the Executive Schedule. 

4 (2) FUNCTIONS.—The Assistant Secretary shall 

5 perform such functions and exercise such powers as 

6 the Administrator may prescribe and shall act as 

7 Administrator during the absence or disability of the 

8 Administrator or in the event of a vacancy in the of9 fice of Administrator. 

10 (c) DEPUTY UNDER SECRETARY FOR OCEANS AND

11 ATMOSPHERE.— 

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

13 Operating Officer of the Administration, a Deputy 

14 Under Secretary of Commerce for Oceans and At15 mosphere. The Deputy Under Secretary shall be ap16 pointed by the Secretary. The position of Deputy 

17 Under Secretary shall be a Senior Executive Service 

18 position authorized under section 3133 of title 5, 

19 United States Code. 

20 (2) FUNCTIONS.—The Deputy Under Sec21 retary— 

22 (A) shall ensure the timely and effective 

23 implementation of Administration policies and 

24 objectives; 


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1 (B) shall be responsible for all aspects of 

2 the Administration’s operations and manage3 ment, including budget, financial operations, in4 formation services, facilities, human resources, 

5 procurements, and associated services; 

6 (C) in the absence or disability of the As7 sistant Secretary, or in the event of a vacancy 

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

9 (D) shall perform such other duties as the 

10 Administrator shall prescribe. 

11 (d) DEPUTY ASSISTANT SECRETARY FOR SCIENCE

12 AND EDUCATION.— 

13 (1) IN GENERAL.—There shall be in the Admin14 istration a Deputy Assistant Secretary for Science 

15 and Education who shall coordinate and oversee the 

16 science and education activities of the Administra17 tion and their application to Administration deci18 sions and operations. The Deputy Assistant Sec19 retary for Science and Education shall be appointed 

20 by the Secretary. The position of Deputy Assistant 

21 Secretary for Science and Education shall be a Sen22 ior Executive Service career reserved position as de23 fined in section 3132(a)(8) of title 5, United States 

24 Code. 


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1 (2) FUNCTIONS.—The Deputy Assistant Sec2 retary for Science and Education shall— 

3 (A) coordinate research and development 

4 activities across the Administration; 

5 (B) review the Administration’s annual 

6 budget to ensure that funding for research and 

7 development is adequate, properly focused, and 

8 carried out by the appropriate entities across 

9 the Administration; 

10 (C) advise the Administrator on how re11 search results can be applied to operational use; 

12 (D) advise the Administrator regarding 

13 science issues and their relationship to Adminis14 tration policies, procedures, and decisions; 

15 (E) participate in developing the Adminis16 tration’s strategic plans and policies and review 

17 the science and education aspects of those plans 

18 and policies; 

19 (F) serve as liaison to the nongovern20 mental science community; 

21 (G) develop and oversee guidelines for peer 

22 review of research sponsored or conducted by 

23 the Administration; 


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1 (H) oversee implementation of the stra2 tegic plan for research and development re3 quired under section 9(b); 

4 (I) oversee management of laboratories in 

5 the Administration; 

6 (J) oversee the research and education 

7 programs of the Administration; and 

8 (K) perform such other duties as the Ad9 ministrator shall prescribe. 

10 (3) QUALIFICATIONS.—An individual appointed 

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

12 outstanding science and education background, in13 cluding research accomplishments, scientific reputa14 tion, and public policy experience. 

15 (4) CONSULTATION.—Before appointing an in16 dividual under paragraph (1), the Secretary shall 

17 consult with the National Academy of Sciences, the 

18 Science Advisory Board of the Administration, and 

19 other appropriate scientific organizations. 

20 (e) DEPUTY ASSISTANT SECRETARIES.—There may 

21 be in the Administration no more than two additional 

22 Deputy Assistant Secretaries whose duties may be des23 ignated by the Administrator. The Deputy Assistant Sec24 retaries shall be appointed by the Secretary. The positions 

25 of Deputy Assistant Secretaries shall be Senior Executive 


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1 Service positions authorized under section 3133 of title 5, 

2 United States Code. 

3 (f) GENERAL COUNSEL.— 

4 (1) IN GENERAL.—There shall be in the Admin5 istration a General Counsel. The General Counsel 

6 shall be appointed by the Secretary. The General 

7 Counsel shall be paid at the rate of basic pay for 

8 level V of the Executive Schedule. 

9 (2) FUNCTIONS.—The General Counsel— 

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

11 the Administration for all legal matters that 

12 arise in connection with the conduct of the 

13 functions of the Administration; and 

14 (B) shall perform such other functions and 

15 exercise such powers as the Administrator may 

16 prescribe. 

17 (g) CONTINUATION OF SERVICE.—Any individual 

18 serving on the effective date of this Act in a position pro19 vided for in this Act may continue to serve in that position 

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

21 this Act shall be construed to require the appointment of 

22 a successor under this Act sooner than would have been 

23 required under law as in effect before the effective date 

24 of this Act. 


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1 SEC. 5. NATIONAL WEATHER SERVICE. 

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

3 within the Administration the National Weather Service. 

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

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

6 space weather forecasts and warnings for the United 

7 States, its territories, adjacent waters, and ocean areas for 

8 the protection of life and property and the enhancement 

9 of the national economy. In carrying out the mission of 

10 the National Weather Service, the Administrator shall en11 sure that the National Weather Service— 

12 (1) provides timely and accurate weather, 

13 water, climate, tsunami, and space weather fore14 casts; and 

15 (2) provides timely and accurate warnings of 

16 natural hazards related to weather, water, climate, 

17 and tsunamis, and of space weather hazards. 

18 (c) FUNCTIONS.—The functions of the National 

19 Weather Service shall include— 

20 (1) maintaining a network of local weather fore21 cast offices; 

22 (2) maintaining a network of observation sys23 tems to collect weather and climate data; 

24 (3) operating national centers to deliver guid25 ance, forecasts, warnings, and analysis about weathVerDate Aug 31 2005 22:34 Sep 22, 2006 Jkt 049196 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5450.RFS H5450

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1 er, water, climate, tsunami, and space weather phe2 nomena for the Administration and the public; 

3 (4) providing information to Federal agencies 

4 and other organizations responsible for emergency 

5 preparedness and response as required by law; 

6 (5) conducting and supporting applied research 

7 to facilitate the rapid incorporation of weather and 

8 climate science advances into operational tools; and 

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

10 National Weather Service described in subsection 

11 (b). 

12 SEC. 6. OPERATIONS AND SERVICES. 

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

14 within the Administration programs to support efforts, on 

15 a continuing basis, to collect data and provide information 

16 and products regarding satellites, observations, and coast17 al, ocean and Great Lakes information. 

18 (b) FUNCTIONS.—To accomplish the mission de19 scribed in section 3(b), and in addition to the functions 

20 described in section 3(c), the operations and service as21 pects of the Administration shall include— 

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

23 ocean, and Great Lakes observing systems; 

24 (2) contributing to the operation of a global 

25 Earth-observing system; 


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1 (3) integrating Administration remote sensing 

2 and in situ assets that provide critical data needed 

3 to support the mission of the Administration, and 

4 providing that data to decisionmakers and the pub5 lic; 

6 (4) developing, acquiring, and managing oper7 ational environmental satellite programs and associ8 ated ground control and data acquisition and deliv9 ery facilities to support the mission of the Adminis10 tration; 

11 (5) managing and distributing atmospheric, 

12 geophysical, and marine data and data products for 

13 the Administration through national environmental 

14 data centers; 

15 (6) providing for long-term stewardship of envi16 ronmental data, products, and information via data 

17 processing, storage, reanalysis, reprocessing, and ar18 chive facilities; 

19 (7) issuing licenses for private remote sensing 

20 space systems under the Land Remote Sensing Pol21 icy Act of 1992; 

22 (8) administering a national water level obser23 vation network, which shall include monitoring of 

24 the 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 func7 tions to serve the mission of the Administration as 

8 the Administrator may prescribe. 

9 SEC. 7. RESEARCH AND EDUCATION. 

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

11 within the Administration programs to conduct and sup12 port research and education and the development of tech13 nologies relating to weather, climate, and the coasts, 

14 oceans, and Great Lakes. 

15 (b) FUNCTIONS.—To accomplish the mission de16 scribed in section 3(b), and in addition to the functions 

17 described in section 3(c), the research and education as18 pects of the 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 

23 comprehensive 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 con7 fronting policymakers, resources managers, and 

8 other users; 

9 (4) reducing uncertainty in projections of how 

10 the Earth’s climate and related systems may change 

11 in the future; 

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

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

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

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

20 oceans; 

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

23 (9) supporting extramural peer-reviewed com24 petitive grant programs to assist the Administration 


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1 in performing the functions described in this sub2 section; and 

3 (10) such other research, development, edu4 cation, and outreach functions to serve the mission 

5 of the Administration as the Administrator may pre6 scribe. 

7 SEC. 8. SCIENCE ADVISORY BOARD. 

8 (a) IN GENERAL.—There shall be within the Admin9 istration a Science Advisory Board, which shall provide 

10 such scientific advice as may be requested by the Adminis11 trator, the Committee on Commerce, Science, and Trans12 portation of the Senate, or the Committee on Science or 

13 on Resources of the House of Representatives. 

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

15 Board is to advise the Administrator and Congress on 

16 long-range and short-range strategies for research, edu17 cation, and the application of science to resource manage18 ment and environmental assessment and prediction. 

19 (c) MEMBERS.— 

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

21 shall be composed of at least 15 members appointed 

22 by the Administrator. Each member of the Board 

23 shall be qualified by education, training, and experi24 ence to evaluate scientific and technical information 

25 on matters referred to the Board under this section. 


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1 (2) TERMS OF SERVICE.—Members shall be ap2 pointed for 3-year terms, renewable once, and shall 

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

5 Advisory Board on the date of enactment of this Act 

6 may complete that term, and may be reappointed 

7 once for another term of 3 years unless the term 

8 being served on such date of enactment is the second 

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

11 term of the vacancy, and an individual so appointed 

12 may subsequently be appointed for 2 full 3-year 

13 terms if the remainder of the unexpired term is less 

14 than one year. 

15 (3) CHAIRPERSON.—The Administrator shall 

16 designate a chairperson from among the members of 

17 the Board. 

18 (4) APPOINTMENT.—Members of the Science 

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

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

22 Code. 

23 (d) ADMINISTRATIVE PROVISIONS.— 


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1 (1) REPORTING.—The Science Advisory Board 

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

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

6 Science Advisory Board. 

7 (3) MEETINGS.—The Science Advisory Board 

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

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

11 (4) COMPENSATION AND EXPENSES.—A mem12 ber of the Science Advisory Board shall not be com13 pensated for service on such board, but may be al14 lowed travel expenses, including per diem in lieu of 

15 subsistence, in accordance with subchapter I of 

16 chapter 57 of title 5, United States Code. 

17 (5) SUBCOMMITTEES.—The Science Advisory 

18 Board may establish such subcommittees of its 

19 members as may be necessary. The Science Advisory 

20 Board may establish task forces and working groups 

21 consisting of Board members and outside experts as 

22 may be necessary. 

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

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

25 Science Advisory Board. 


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1 SEC. 9. REPORTS. 

2 (a) REPORT ON DATA MANAGEMENT, ARCHIVAL, 

3 AND DISTRIBUTION.— 

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

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

6 years thereafter, the Administrator shall do the fol7 lowing: 

8 (A) Enter into an arrangement with the 

9 National Academy of Sciences to review the en10 vironmental data and information systems of 

11 the Administration and to provide recommenda12 tions to address any inadequacies identified by 

13 the review. The review shall assess the ade14 quacy of the environmental data and informa15 tion systems of the Administration to— 

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

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

20 the Administration, including data gath21 ered by other agencies that is processed or 

22 stored by the Administration; 

23 (ii) establish, develop, and maintain 

24 information bases, including necessary 

25 management systems, which will provide 


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1 for consistent, efficient, and compatible 

2 transfer and use of data; 

3 (iii) develop effective interfaces among 

4 the environmental data and information 

5 systems of the Administration and other 

6 appropriate departments and agencies; 

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

10 sources; 

11 (v) integrate and interpret data from 

12 different sources to produce information 

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

15 national and global environmental con16 cerns; and 

17 (vi) reanalyze and reprocess the 

18 archived data as better science is developed 

19 to integrate diverse data sources. 

20 (B) Develop a strategic plan, with respect 

21 to the environmental data and information sys22 tems of the Administration, to— 

23 (i) respond to each of the rec24 ommendations in the review conducted 

25 under subparagraph (A); 


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1 (ii) set forth modernization and im2 provement objectives for an integrated na3 tional environmental data access and ar4 chive system for the 10-year period begin5 ning with the year in which the plan is 

6 transmitted, including facility requirements 

7 and critical new technology components 

8 that would be necessary to meet the objec9 tives set forth; 

10 (iii) propose specific Administration 

11 programs and activities for implementing 

12 the plan; 

13 (iv) identify the data and information 

14 management, reanalysis, reprocessing, ar15 chival, and distribution responsibilities of 

16 the Administration with respect to other 

17 Federal departments and agencies and 

18 international organizations; and 

19 (v) provide an implementation sched20 ule and estimate funding levels necessary 

21 to achieve modernization and improvement 

22 objectives. 

23 (2) TRANSMITTAL TO CONGRESS.—Not later 

24 than 18 months after the date of enactment of this 

25 Act, the Administrator shall transmit to the ComVerDate Aug 31 2005 22:34 Sep 22, 2006 Jkt 049196 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H5450.RFS H5450

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1 mittee on Commerce, Science, and Transportation of 

2 the Senate and the Committee on Science of the 

3 House of Representatives the initial review and stra4 tegic plan developed under paragraph (1). Subse5 quent reviews and strategic plans developed under 

6 paragraph (1) shall also be transmitted to those 

7 committees upon completion. 

8 (b) STRATEGIC PLAN FOR RESEARCH AND DEVELOP9 MENT.— 

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

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

12 years thereafter, the Administrator shall develop a 

13 strategic plan for research and development at the 

14 Administration. The plan shall include— 

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

17 the Administration’s operational requirements 

18 and on input provided by external stakeholders 

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

20 and 

21 (B) a strategic plan that assigns specific 

22 programs within the administration the respon23 sibility to meet each need identified under sub24 paragraph (A) and that describes the extent to 


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1 which each need identified in subparagraph (A) 

2 will be addressed through— 

3 (i) intramural research; 

4 (ii) extramural, peer-reviewed, com5 petitive grant programs; and 

6 (iii) work done in cooperation with 

7 other Federal agencies. 

8 (2) NATIONAL ACADEMY OF SCIENCES RE9 VIEW.—The Administrator shall enter into an ar10 rangement with the National Academy of Sciences 

11 for a review of the plan developed under paragraph 

12 (1). 

13 (3) TRANSMITTAL TO CONGRESS.—Not later 

14 than 18 months after the date of enactment of this 

15 Act, the Administrator shall transmit to the Com16 mittee on Commerce, Science, and Transportation of 

17 the Senate and the Committee on Science of the 

18 House of Representatives the initial strategic plan 

19 developed under paragraph (1) and the review pre20 pared pursuant to paragraph (2). Subsequent stra21 tegic plans developed under paragraph (1) shall also 

22 be transmitted to those committees upon completion. 

23 SEC. 10. PUBLIC-PRIVATE PARTNERSHIPS. 

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

25 develop and submit to Congress a policy that defines procVerDate Aug 31 2005 22:34 Sep 22, 2006 Jkt 049196 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H5450.RFS H5450

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1 esses for making decisions about the roles of the Adminis2 tration, the private sector, and the academic community 

3 in providing environmental information, products, tech4 nologies, and services. The first such submission shall be 

5 completed not less than 3 years after the date of enact6 ment of this Act. At least 90 days before each submission 

7 of the policy to Congress, the Secretary shall publish the 

8 policy in the Federal Register for a public comment period 

9 of not less than 60 days. Nothing in this section shall be 

10 construed to require changes in the policy in effect on the 

11 date of enactment of this Act. 

12 SEC. 11. EFFECT OF REORGANIZATION PLAN. 

13 Reorganization Plan No. 4 of 1970 shall have no fur14 ther force and effect. 

15 SEC. 12. SAVINGS PROVISION. 

16 All rules and regulations, determinations, standards, 

17 contracts, including collective bargaining agreements, cer18 tifications, authorizations, appointments, delegations, re19 sults and findings of investigations, and other actions duly 

20 issued, made, or taken by or pursuant to or under the 

21 authority of any statute or executive order which resulted 

22 in the assignment of functions or activities to the Sec23 retary, the Department of Commerce, the Under Secretary 

24 of Commerce for Oceans and Atmosphere, the Adminis25 trator, or any other officer of the Administration, that is 


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1 in effect immediately before the date of enactment of this 

2 Act, shall continue in full force and effect after the effec3 tive date of this Act until modified or rescinded. All suits, 

4 appeals, judgments, and proceedings pending on such ef5 fective date relating to responsibilities or functions trans6 ferred pursuant to this Act shall continue without regard 

7 to such transfers, except for the transfer of responsibilities 

8 or functions. Any reference in law to a responsibility, func9 tion, or office transferred pursuant to this Act shall be 

10 deemed to refer to the responsibility, function, or office 

11 as so transferred. Nothing in this Act shall be construed 

12 to limit the ability of an Administration employee to dis13 cuss scientific research performed by that employee. Noth14 ing in this Act shall be construed to alter the responsibil15 ities or authorities of any other Federal agency. Nothing 

16 in this Act shall be construed to authorize or prohibit the 

17 transfer of any program, function, or project from other 

18 Federal agencies to the Administration. Nothing in this 

19 Act shall be construed to expand, modify, or supersede the 

20 authority that the Administration has immediately before 

21 the date of enactment of this Act, nor to provide the Ad22 ministration with any new regulatory authority. Nothing 

23 in this Act shall be construed to grant the Administrator 

24 any authority to construct, alter, repair, or acquire by any 

25 means a public building, as defined at section 3301 of title 


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1 40, United States Code, or to grant any authority to lease 

2 general purpose office or storage space in any building; 

3 and nothing in this Act shall be construed to diminish any 

4 authority the Administrator has immediately before the 

5 date of enactment of this Act to construct, alter, repair, 

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

7 section 3301 of title 40, United States Code, or to dimin8 ish any authority the Administrator has immediately be9 fore the date of enactment of this Act to lease general 

10 purpose office or storage space in any building (regardless 

11 of whether those authorities are derived from laws, execu12 tive orders, rules, regulations, or delegations of authority 

13 from the Secretary of Commerce). 

14 SEC. 13. REORGANIZATION PLAN. 

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

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

17 develop a reorganization plan for the Administration in 

18 accordance with this section and shall publish the plan in 

19 the Federal Register. The Federal Register notice shall 

20 solicit comments for a period of 60 days. 

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

22 of the comment period described in paragraph (1), the Ad23 ministrator shall transmit to Congress a revised version 

24 of the plan that takes into account the comments received. 

25 The Administrator shall also publish the revised plan in 


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1 the Federal Register. The Administrator shall transmit 

2 and publish, along with the plan, an explanation of how 

3 the Administrator dealt with each issue raised by the com4 ments received. 

5 (3) The Administrator shall implement the plan 60 

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

7 (b) CONTENT.—The plan, to the greatest extent prac8 ticable, shall— 

9 (1) consistent with section 5 and the other pro10 visions of this Act, maximize the efficiency with 

11 which the Administration carries out the functions 

12 of— 

13 (A) operations and services; 

14 (B) research and education; and 

15 (C) resource management; 

16 (2) improve the sharing of research and other 

17 information that is of use across programmatic 

18 themes; and 

19 (3) eliminate duplication of effort or overlap20 ping efforts among offices. 

21 (c) CONSULTATION.—In developing the plan, the Ad22 ministrator shall consult with interested parties, including 

23 the States, academia, industry, conservation organiza24 tions, and Administration employees. 


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1 SEC. 14. FACILITY EVALUATION PROCESS. 

2 (a) PUBLIC NOTIFICATION AND ASSESSMENT PROC3 ESS.— 

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

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

6 facility of the Administration, unless and until the 

7 Administrator has followed the procedures required 

8 by this section. 

9 (2) REVIEW PROCESS.—The Administrator 

10 shall not close, consolidate, relocate, subdivide, or es11 tablish a facility of the Administration with an an12 nual operating budget of $5,000,000 or greater, or 

13 a National Weather Service field office, unless and 

14 until— 

15 (A) the Administrator has published in the 

16 Federal Register the proposed action and a de17 scription of the offices, personnel, and activities 

18 of the Administration that would be affected by 

19 the proposed change, and has provided for a 

20 minimum of 60 days for public comment; 

21 (B) if the proposed change involves a 

22 science facility of the Administration, the 

23 Science Advisory Board has reviewed the pro24 posed change and provided to the Administrator 

25 written findings regarding the proposed change; 


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1 (C) if the proposed change involves a Na2 tional Weather Service field office, the Adminis3 trator has prepared a report including— 

4 (i) a description of local weather char5 acteristics and weather-related concerns 

6 which affect the weather services provided 

7 within the service area; 

8 (ii) a detailed comparison of the serv9 ices provided within the service area and 

10 the services to be provided after the pro11 posed change; 

12 (iii) a description of any recent or ex13 pected modernization of National Weather 

14 Service operations which will enhance serv15 ices in the service area; 

16 (iv) an identification of any area with17 in any State which would not receive cov18 erage (at an elevation of 10,000 feet) due 

19 to the proposed change; and 

20 (v) evidence, based on operational 

21 demonstration of National Weather Service 

22 operations, which was considered in reach23 ing the conclusion that no degradation in 

24 service will result from the proposed 

25 change; 


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1 (D) the Administrator has prepared an 

2 analysis of the anticipated costs and savings as3 sociated with the proposed facility change, in4 cluding both costs and savings in the first fiscal 

5 year following the change, and changes in oper6 ations and maintenance costs and savings over 

7 a ten-year period; and 

8 (E) the Administrator has prepared an 

9 analysis of the effects of the facility change on 

10 operations and research of the Administration, 

11 and the potential impacts on cooperative insti12 tutes, other external Administration partner13 ships, partnerships with other Federal agencies, 

14 and any State and local partnerships. 

15 (3) NOTICE TO CONGRESS.—(A) The Adminis16 trator shall provide to Congress, at least 90 days be17 fore any closure, consolidation, relocation, subdivi18 sion, or establishment of a facility of the Adminis19 tration with an annual budget of $5,000,000 or 

20 greater, or any National Weather Service field office, 

21 a summary of the public comments received pursu22 ant to paragraph (2)(A), any written findings pre23 pared under paragraph (2)(B), any report prepared 

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

25 under paragraph (2)(D) and (E). 


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1 (B) The Administrator shall provide to Con2 gress, at least 90 days before any closure, consolida3 tion, relocation, subdivision, or establishment of a 

4 facility of the Administration not described in sub5 paragraph (A), written notification of the planned 

6 closure, consolidation, relocation, subdivision, or es7 tablishment. 

8 (b) WEATHER SERVICE MODERNIZATION.—Nothing 

9 in this Act shall be construed to alter the Weather Service 

10 Modernization Act (15 U.S.C. 313 note). 

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

12 (1) the term ‘‘facility’’ means a laboratory, op13 erations office, administrative service center, or 

14 other establishment of the Administration; and 

15 (2) the term ‘‘field office’’ has the same mean16 ing given that term in section 702 of the Weather 

17 Service Modernization Act. 

18 SEC. 15. BUDGET REPROGRAMMING. 

19 Whenever the Administrator transmits a budget re20 programming request to the Appropriations Committees 

21 of the House of Representatives and the Senate, the Ad22 ministrator shall simultaneously submit a copy of the re23 quest to the Committee on Science and the Committee on 

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1 mittee on Commerce, Science, and Transportation of the 

2 Senate. 

3 SEC. 16. BASELINES AND COST CONTROLS. 

4 (a) CONDITIONS FOR DEVELOPMENT.— 

5 (1) IN GENERAL.—The Administration shall 

6 not enter into a contract for the development of a 

7 major program unless the Administrator determines 

8 that— 

9 (A) the technical, cost, and schedule risks 

10 of the program are clearly identified and the 

11 program has developed a plan to manage those 

12 risks; 

13 (B) the technologies required for the pro14 gram have been demonstrated in a relevant lab15 oratory or test environment; and 

16 (C) the program complies with all relevant 

17 policies, regulations, and directives of the Ad18 ministration. 

19 (2) REPORT.—The Administrator shall trans20 mit a report describing the basis for the determina21 tion required under paragraph (1) to the Committee 

22 on Science of the House of Representatives and the 

23 Committee on Commerce, Science, and Transpor24 tation of the Senate at least 30 days before entering 


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1 into a contract for development under a major pro2 gram. 

3 (3) NONDELEGATION.—The Administrator may 

4 not delegate the determination requirement under 

5 this subsection, except in cases in which the Admin6 istrator has a conflict of interest. 

7 (b) MAJOR PROGRAM ANNUAL REPORTS.— 

8 (1) REQUIREMENT.—Annually, at the same 

9 time as the President’s annual budget submission to 

10 the Congress, the Administrator shall transmit to 

11 the Committee on Science of the House of Rep12 resentatives and the Committee on Commerce, 

13 Science, and Transportation of the Senate a report 

14 that includes the information required by this sec15 tion for each major program for which the Adminis16 tration proposes to expend funds in the subsequent 

17 fiscal year. Reports under this paragraph shall be 

18 known as Major Program Annual Reports. 

19 (2) BASELINE REPORT.—The first Major Pro20 gram Annual Report for each major program shall 

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

22 include— 

23 (A) the purposes of the program and key 

24 technical characteristics necessary to fulfill 

25 those purposes; 


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

2 the program, with a detailed breakout of the 

3 development cost, program reserves, and an es4 timate of the annual costs until development is 

5 completed; 

6 (C) the schedule for development, including 

7 key program milestones; 

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

9 and schedule risks identified in accordance with 

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

11 (E) the name of the person responsible for 

12 making notifications under subsection (c), who 

13 shall be an individual whose primary responsi14 bility is overseeing the program. 

15 (3) INFORMATION UPDATES.—For major pro16 grams for which a Baseline Report has been sub17 mitted, each subsequent Major Program Annual Re18 port shall describe any changes to the information 

19 that had been provided in the Baseline Report, and 

20 the reasons for those changes. 

21 (c) NOTIFICATION.— 

22 (1) REQUIREMENT.—The individual identified 

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

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1 sonable cause to believe that, for the major program 

2 for which he or she is responsible— 

3 (A) the development cost of the program is 

4 likely to exceed the estimate provided in the 

5 Baseline Report of the program by 15 percent 

6 or more; or 

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

8 be delayed by 6 months or more from the date 

9 provided for it in the Baseline Report of the 

10 program. 

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

12 the notification required under paragraph (1), the 

13 individual identified under subsection (b)(2)(E) shall 

14 transmit to the Administrator a written notification 

15 explaining the reasons for the change in the cost or 

16 milestone of the program for which notification was 

17 provided under paragraph (1). 

18 (3) NOTIFICATION OF CONGRESS.—Not later 

19 than 15 days after the Administrator receives a writ20 ten notification under paragraph (2), the Adminis21 trator shall transmit the notification to the Com22 mittee on Science of the House of Representatives 

23 and the Committee on Commerce, Science, and 

24 Transportation of the Senate. 


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1 (d) FIFTEEN PERCENT THRESHOLD.—Not later 

2 than 30 days after receiving a written notification under 

3 subsection (c)(2), the Administrator shall determine 

4 whether the development cost of the program is likely to 

5 exceed the estimate provided in the Baseline Report of the 

6 program by 15 percent or more, or whether a milestone 

7 is likely to be delayed by 6 months or more. If the deter8 mination is affirmative, the Administrator shall— 

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

10 House of Representatives and the Committee on 

11 Commerce, Science, and Transportation of the Sen12 ate, not later than 15 days after making the deter13 mination, a report that includes— 

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

15 delay in schedule and a detailed explanation for 

16 the increase or delay; 

17 (B) a description of actions taken or pro18 posed to be taken in response to the cost in19 crease or delay; and 

20 (C) a description of any impacts the cost 

21 increase or schedule delay, or the actions de22 scribed under subparagraph (B), will have on 

23 any other program within the Administration; 

24 and 


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1 (2) if the Administrator intends to continue 

2 with the program, promptly initiate an analysis of 

3 the program, which shall include, at a minimum— 

4 (A) the projected cost and schedule for 

5 completing the program if current requirements 

6 of the program are not modified; 

7 (B) the projected cost and the schedule for 

8 completing the program after instituting the ac9 tions described under paragraph (1)(B); and 

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

11 and schedule for, a broad range of alternatives 

12 to the program. 

13 The Administration shall complete an analysis initiated 

14 under paragraph (2) not later than 6 months after the 

15 Administrator makes a determination under this sub16 section. The Administrator shall transmit the analysis to 

17 the Committee on Science of the House of Representatives 

18 and Committee on Commerce, Science, and Transpor19 tation of the Senate not later than 30 days after its com20 pletion. 

21 (e) THIRTY PERCENT THRESHOLD.—If the Adminis22 trator determines under subsection (d) that the develop23 ment cost of a program will exceed the estimate provided 

24 in the Baseline Report of the program by more than 30 

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1 ministrator transmits a report under subsection (d)(1), 

2 the Administrator shall not expend any additional funds 

3 on the program, other than termination costs, unless the 

4 Congress has subsequently authorized continuation of the 

5 program by law. An appropriation for the specific program 

6 enacted subsequent to a report being transmitted shall be 

7 considered an authorization for purposes of this sub8 section. If the program is continued, the Administrator 

9 shall submit a new Baseline Report for the program no 

10 later than 90 days after the date of enactment of the Act 

11 under which Congress has authorized continuation of the 

12 program. 

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

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

15 a program following the formulation phase and be16 ginning with the approval to proceed to implementa17 tion. 

18 (2) the term ‘‘development cost’’ means the 

19 total of all costs, including construction of facilities 

20 and civil servant costs, from the period beginning 

21 with the approval to proceed to implementation 

22 through the achievement of operational readiness, 

23 without regard to funding source or management 

24 control, for the life of the program; 


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

2 the direct, indirect, recurring, and nonrecurring 

3 costs, including the construction of facilities and civil 

4 servant costs, and other related expenses incurred or 

5 estimated to be incurred in the design, development, 

6 verification, production, operation, maintenance, 

7 support, and retirement of a program over its 

8 planned lifespan, without regard to funding source 

9 or management control; and 

10 (4) the term ‘‘major program’’ means an activ11 ity approved to proceed to implementation that has 

12 an estimated life-cycle cost of more than 

13 $250,000,000. 

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

15 CONTRACTS FOR THE PROCUREMENT OF 

16 GOODS AND SERVICES. 

17 (a) CONVERSIONS TO CONTRACTOR PERFORMANCE

18 OF ADMINISTRATION ACTIVITIES.—Except as provided in 

19 subsection (c), an activity or function of the Administra20 tion that is converted to contractor performance under Of21 fice of Management and Budget Circular A-76 may not 

22 be performed by the contractor or any subcontractor at 

23 a location outside the United States. 

24 (b) CONTRACTS FOR THE PROCUREMENT OF SERV25 ICES.—(1) Except as provided in subsection (c), a contract 


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1 for the procurement of goods or services that is entered 

2 into by the Administrator may not be performed outside 

3 the United States unless it is to meet a requirement of 

4 the Administration for goods or services specifically at a 

5 location outside the United States. 

6 (2) The President may waive the prohibition in para7 graph (1) in the case of any contract for which the Presi8 dent determines in writing that it is necessary in the na9 tional security interests of the United States for goods or 

10 services under the contract to be performed outside the 

11 United States. 

12 (3) The Administrator may waive the prohibition in 

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

14 Administrator determines in writing that essential goods 

15 or services under the contract are only available from a 

16 source outside the United States. 

17 (c) EXCEPTION.—Subsections (a) and (b)(1) shall 

18 not apply to the extent that the activity or function under 

19 the contract was previously performed by Federal Govern20 ment employees outside the United States. 

21 (d) CONSISTENCY WITH INTERNATIONAL AGREE22 MENTS.—The provisions of this section shall not apply to 

23 the extent that they are inconsistent with obligations of 

24 the United States under international agreements. 


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1 SEC. 18. RECORDKEEPING AND REPORTING REQUIRE2 MENT. 

3 The Administrator shall transmit to Congress, not 

4 later than 120 days after the end of each fiscal year begin5 ning with the first fiscal year after the date of enactment 

6 of this Act, a report on the contracts and subcontracts 

7 performed overseas and the amount of purchases directly 

8 or indirectly by the Administration from foreign entities 

9 in that fiscal year. The report shall separately indicate— 

10 (1) the contracts and subcontracts and their 

11 dollar values for which the Administrator determines 

12 that essential goods or services under the contract 

13 are available only from a source outside the United 

14 States; and 

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

16 the Buy American Act was waived pursuant to obli17 gations of the United States under international 

18 agreements. 

Passed the House of Representatives September 20, 

2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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