I 

111TH CONGRESS 

1ST SESSION H. R. 300 

To provide for the National Oceanic and Atmospheric Administration, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2009 

Mr. EHLERS introduced the following bill; which was referred to the Committee on Science and Technology, and in addition to the Committee on 

Natural Resources, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To provide for the National Oceanic and Atmospheric 

Administration, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Atmospheric Administration Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) The term ‘‘Administration’’ means the Na9 tional Oceanic and Atmospheric Administration. 


pwalker on PROD1PC71 with BILLS
2 

•HR 300 IH

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

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

5 of Commerce. 

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

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

9 of Commerce an agency known as the National Oceanic 

10 and Atmospheric Administration. 

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

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

14 atmosphere and the effects of such changes on the land 

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

16 Great Lakes ecosystems to meet national economic, social, 

17 and environmental needs, and to educate the public about 

18 these topics. 

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

21 (1) collecting, through observation and other 

22 means, communicating, analyzing, processing, and 

23 disseminating comprehensive scientific data and in24 formation about weather and climate, solar and geo25 physical events on the Sun and in the space environVerDate Nov 24 2008 20:19 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H300.IH H300

pwalker on PROD1PC71 with BILLS
3 

•HR 300 IH

1 ment, and about the coasts, oceans, Great Lakes, 

2 upper reaches of estuaries, and hydrologic systems; 

3 (2) operating and maintaining a system for the 

4 storage, retrieval, and dissemination of data relating 

5 to weather and climate, solar and geophysical events 

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

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

9 (3) using observational data and technologies 

10 developed by other Federal agencies to improve the 

11 Administration’s operations; 

12 (4) conducting and supporting basic and ap13 plied research, development, and technology transfer 

14 as may be necessary to carry out the mission de15 scribed in subsection (b); 

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

17 weather, tsunami, and other forecasts and warnings 

18 related to Earth’s oceans and atmosphere; 

19 (6) coordinating efforts of Federal agencies 

20 with respect to meteorological services; 

21 (7) understanding the science of Earth’s cli22 mate and related systems, and undertaking research 

23 and development to enhance society’s ability to plan 

24 for and respond to climate variability and change; 


pwalker on PROD1PC71 with BILLS
4 

•HR 300 IH

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

2 of, the coasts, oceans, and Great Lakes through eco3 system-based research, development, demonstration, 

4 and management; 

5 (9) administering public outreach and education 

6 programs and services to increase scientific and en7 vironmental literacy about weather and climate, 

8 solar and geophysical events on the Sun and in the 

9 space environment, and the coasts, oceans, Great 

10 Lakes, upper reaches of estuaries, and hydrologic 

11 systems; 

12 (10) providing, as appropriate and in coopera13 tion with the Secretary of State, representation at 

14 all international meetings and conferences relating 

15 to the mission of the Administration, including mete16 orological, climate, and Earth and ocean observing 

17 issues; 

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

20 (12) such other functions as are necessary to 

21 accomplish the mission described in subsection (b). 

22 SEC. 4. ADMINISTRATION LEADERSHIP. 

23 (a) ADMINISTRATOR.— 

24 (1) IN GENERAL.—There shall be, as the Ad25 ministrator of the Administration, an Under SecVerDate Nov 24 2008 20:19 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H300.IH H300

pwalker on PROD1PC71 with BILLS
5 

•HR 300 IH

1 retary of Commerce for Oceans and Atmosphere. 

2 The Administrator shall be appointed by the Presi3 dent, by and with the advice and consent of the Sen4 ate. The Administrator shall be paid at the rate of 

5 basic pay for level III of the Executive Schedule. 

6 (2) FUNCTIONS.—The Administrator shall be 

7 responsible for— 

8 (A) general management; 

9 (B) policy development and guidance; 

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

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

14 issues with other elements of the Department of 

15 Commerce and with other Federal agencies, 

16 State, tribal, and local governments, and the 

17 public; and 

18 (E) such other duties with respect to the 

19 Administration as the Secretary may prescribe. 

20 (3) DELEGATION OF AUTHORITY.—The Admin21 istrator may, except as otherwise prohibited by 

22 law— 

23 (A) delegate any functions, powers, or du24 ties of the Administrator to such officers and 


pwalker on PROD1PC71 with BILLS
6 

•HR 300 IH

1 employees of the Administration as the Admin2 istrator may designate; and 

3 (B) authorize such successive redelegations 

4 of such functions, powers, or duties within the 

5 Administration as the Administrator considers 

6 necessary or appropriate. 

7 (4) AUTHORITIES.— 

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

9 proper to carry out the Administration’s func10 tions under this Act or as otherwise provided by 

11 law, the Administrator may— 

12 (i) promulgate rules and regulations; 

13 (ii) enter into and perform contracts, 

14 leases, grants, and cooperative agreements 

15 with Federal agencies, State and local gov16 ernments, Indian tribes, international or17 ganizations, foreign governments, edu18 cational institutions, nonprofit organiza19 tions, and commercial organizations; 

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

21 or without reimbursement, the services, 

22 equipment, personnel, and facilities of 

23 other departments, agencies, and instru24 mentalities of the Federal Government; 

25 and 


pwalker on PROD1PC71 with BILLS
7 

•HR 300 IH

1 (iv) conduct education and outreach 

2 in direct support of the mission described 

3 in section 3(b). 

4 (B) EXCEPTION.—The authorities con5 ferred on the Administrator by this paragraph 

6 do not include the authority to contract for 

7 services that are an inherently governmental 

8 function as defined in section 5 of the Federal 

9 Activities Inventory Reform Act of 1998 (31 

10 U.S.C. 501 note). 

11 (b) ASSISTANT SECRETARY FOR OCEANS AND AT12 MOSPHERE.— 

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

14 Administrator of the Administration, an Assistant 

15 Secretary of Commerce for Oceans and Atmosphere. 

16 The Assistant Secretary shall be appointed by the 

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

18 Senate. The Assistant Secretary shall be the Admin19 istrator’s first assistant for purposes of subchapter 

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

21 Assistant Secretary shall be paid at the rate of basic 

22 pay for level IV of the Executive Schedule. 

23 (2) FUNCTIONS.—The Assistant Secretary shall 

24 perform such functions and exercise such powers as 

25 the Administrator may prescribe and shall act as 


pwalker on PROD1PC71 with BILLS
8 

•HR 300 IH

1 Administrator during the absence or disability of the 

2 Administrator or in the event of a vacancy in the of3 fice of Administrator. 

4 (c) DEPUTY UNDER SECRETARY FOR OCEANS AND

5 ATMOSPHERE.— 

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

7 Operating Officer of the Administration, a Deputy 

8 Under Secretary of Commerce for Oceans and At9 mosphere. The Deputy Under Secretary shall be ap10 pointed by the Secretary. The position of Deputy 

11 Under Secretary shall be a Senior Executive Service 

12 position authorized under section 3133 of title 5, 

13 United States Code. 

14 (2) FUNCTIONS.—The Deputy Under Sec15 retary— 

16 (A) shall ensure the timely and effective 

17 implementation of Administration policies and 

18 objectives; 

19 (B) shall be responsible for all aspects of 

20 the Administration’s operations and manage21 ment, including budget, financial operations, in22 formation services, facilities, human resources, 

23 procurements, and associated services; 


pwalker on PROD1PC71 with BILLS
9 

•HR 300 IH

1 (C) in the absence or disability of the As2 sistant Secretary, or in the event of a vacancy 

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

4 (D) shall perform such other duties as the 

5 Administrator shall prescribe. 

6 (d) DEPUTY ASSISTANT SECRETARY FOR SCIENCE

7 AND EDUCATION.— 

8 (1) IN GENERAL.—There shall be in the Admin9 istration a Deputy Assistant Secretary for Science 

10 and Education who shall coordinate and oversee the 

11 science and education activities of the Administra12 tion and their application to Administration deci13 sions and operations. The Deputy Assistant Sec14 retary for Science and Education shall be appointed 

15 by the Secretary. The position of Deputy Assistant 

16 Secretary for Science and Education shall be a Sen17 ior Executive Service career reserved position as de18 fined in section 3132(a)(8) of title 5, United States 

19 Code. 

20 (2) FUNCTIONS.—The Deputy Assistant Sec21 retary for Science and Education shall— 

22 (A) coordinate research and development 

23 activities across the Administration; 

24 (B) review the Administration’s annual 

25 budget to ensure that funding for research and 


pwalker on PROD1PC71 with BILLS
10 

•HR 300 IH

1 development is adequate, properly focused, and 

2 carried out by the appropriate entities across 

3 the Administration; 

4 (C) advise the Administrator on how re5 search results can be applied to operational use; 

6 (D) advise the Administrator regarding 

7 science issues and their relationship to Adminis8 tration policies, procedures, and decisions; 

9 (E) participate in developing the Adminis10 tration’s strategic plans and policies and review 

11 the science and education aspects of those plans 

12 and policies; 

13 (F) serve as liaison to the nongovern14 mental science community; 

15 (G) develop and oversee guidelines for peer 

16 review of research sponsored or conducted by 

17 the Administration; 

18 (H) oversee implementation of the stra19 tegic plan for research and development re20 quired under section 9(b); 

21 (I) oversee management of laboratories in 

22 the Administration; 

23 (J) oversee the research and education 

24 programs of the Administration; and 


pwalker on PROD1PC71 with BILLS
11 

•HR 300 IH

1 (K) perform such other duties as the Ad2 ministrator shall prescribe. 

3 (3) QUALIFICATIONS.—An individual appointed 

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

5 outstanding science and education background, in6 cluding research accomplishments, scientific reputa7 tion, and public policy experience. 

8 (4) CONSULTATION.—Before appointing an in9 dividual under paragraph (1), the Secretary shall 

10 consult with the National Academy of Sciences, the 

11 Science Advisory Board of the Administration, and 

12 other appropriate scientific organizations. 

13 (e) DEPUTY ASSISTANT SECRETARIES.—There may 

14 be in the Administration no more than two additional 

15 Deputy Assistant Secretaries whose duties may be des16 ignated by the Administrator. The Deputy Assistant Sec17 retaries shall be appointed by the Secretary. The positions 

18 of Deputy Assistant Secretaries shall be Senior Executive 

19 Service positions authorized under section 3133 of title 5, 

20 United States Code. 

21 (f) GENERAL COUNSEL.— 

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

24 shall be appointed by the Secretary. The General 


pwalker on PROD1PC71 with BILLS
12 

•HR 300 IH

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

2 level V of the Executive Schedule. 

3 (2) FUNCTIONS.—The General Counsel— 

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

5 the Administration for all legal matters that 

6 arise in connection with the conduct of the 

7 functions of the Administration; and 

8 (B) shall perform such other functions and 

9 exercise such powers as the Administrator may 

10 prescribe. 

11 (g) CONTINUATION OF SERVICE.—Any individual 

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

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

15 this Act shall be construed to require the appointment of 

16 a successor under this Act sooner than would have been 

17 required under law as in effect before the effective date 

18 of this Act. 

19 SEC. 5. NATIONAL WEATHER SERVICE. 

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

21 within the Administration the National Weather Service. 

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

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

24 space weather forecasts and warnings for the United 

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


pwalker on PROD1PC71 with BILLS
13 

•HR 300 IH

1 the protection of life and property and the enhancement 

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

3 the National Weather Service, the Administrator shall en4 sure that the National Weather Service— 

5 (1) provides timely and accurate weather, 

6 water, climate, tsunami, and space weather fore7 casts; and 

8 (2) provides timely and accurate warnings of 

9 natural hazards related to weather, water, climate, 

10 and tsunamis, and of space weather hazards. 

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

12 Weather Service shall include— 

13 (1) maintaining a network of local weather fore14 cast offices; 

15 (2) maintaining a network of observation sys16 tems to collect weather and climate data; 

17 (3) operating national centers to deliver guid18 ance, forecasts, warnings, and analysis about weath19 er, water, climate, tsunami, and space weather phe20 nomena for the Administration and the public; 

21 (4) providing information to Federal agencies 

22 and other organizations responsible for emergency 

23 preparedness and response as required by law; 


pwalker on PROD1PC71 with BILLS
14 

•HR 300 IH

1 (5) conducting and supporting applied research 

2 to facilitate the rapid incorporation of weather and 

3 climate science advances into operational tools; and 

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

5 National Weather Service described in subsection 

6 (b). 

7 SEC. 6. OPERATIONS AND SERVICES. 

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

9 within the Administration programs to support efforts, on 

10 a continuing basis, to collect data and provide information 

11 and products regarding satellites, observations, and coast12 al, ocean and Great Lakes information. 

13 (b) FUNCTIONS.—To accomplish the mission de14 scribed in section 3(b), and in addition to the functions 

15 described in section 3(c), the operations and service as16 pects of the Administration shall include— 

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

18 ocean, and Great Lakes observing systems; 

19 (2) contributing to the operation of a global 

20 Earth-observing system; 

21 (3) integrating Administration remote sensing 

22 and in situ assets that provide critical data needed 

23 to support the mission of the Administration, and 

24 providing that data to decisionmakers and the pub25 lic; 


pwalker on PROD1PC71 with BILLS
15 

•HR 300 IH

1 (4) developing, acquiring, and managing oper2 ational environmental satellite programs and associ3 ated ground control and data acquisition and deliv4 ery facilities to support the mission of the Adminis5 tration; 

6 (5) managing and distributing atmospheric, 

7 geophysical, and marine data and data products for 

8 the Administration through national environmental 

9 data centers; 

10 (6) providing for long-term stewardship of envi11 ronmental data, products, and information via data 

12 processing, storage, reanalysis, reprocessing, and ar13 chive facilities; 

14 (7) issuing licenses for private remote sensing 

15 space systems under the Land Remote Sensing Pol16 icy Act of 1992; 

17 (8) administering a national water level obser18 vation network, which shall include monitoring of 

19 the Great Lakes; 

20 (9) providing charts and other information for 

21 safe navigation of the oceans and inland waters, as 

22 provided by law; 

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

24 support the mission of the Administration; and 


pwalker on PROD1PC71 with BILLS
16 

•HR 300 IH

1 (11) such other operations and services func2 tions to serve the mission of the Administration as 

3 the Administrator may prescribe. 

4 SEC. 7. RESEARCH AND EDUCATION. 

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

6 within the Administration programs to conduct and sup7 port research and education and the development of tech8 nologies relating to weather, climate, and the coasts, 

9 oceans, and Great Lakes. 

10 (b) FUNCTIONS.—To accomplish the mission de11 scribed in section 3(b), and in addition to the functions 

12 described in section 3(c), the research and education as13 pects of the Administration shall include— 

14 (1) conducting and supporting research and de15 velopment to improve the Administration’s capabili16 ties to collect, through observation and otherwise, 

17 communicate, analyze, process, and disseminate 

18 comprehensive scientific data and information about 

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

20 Lakes; 

21 (2) improving ecological prediction and manage22 ment capabilities through ecosystem-based research 

23 and development; 

24 (3) contributing information on the Earth’s cli25 mate and related systems, obtained through research 


pwalker on PROD1PC71 with BILLS
17 

•HR 300 IH

1 and observation, that addresses questions con2 fronting policymakers, resources managers, and 

3 other users; 

4 (4) reducing uncertainty in projections of how 

5 the Earth’s climate and related systems may change 

6 in the future; 

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

8 and integrate scientific information into consider9 ations of national environmental issues through edu10 cation and public outreach activities; 

11 (6) administering the National Sea Grant Col12 lege Program Act; 

13 (7) conducting and supporting research and de14 velopment of technology for exploration of the 

15 oceans; 

16 (8) maintaining a system of laboratories to per17 form the functions described in this subsection; 

18 (9) supporting extramural peer-reviewed com19 petitive grant programs to assist the Administration 

20 in performing the functions described in this sub21 section; and 

22 (10) such other research, development, edu23 cation, and outreach functions to serve the mission 

24 of the Administration as the Administrator may pre25 scribe. 


pwalker on PROD1PC71 with BILLS
18 

•HR 300 IH

1 SEC. 8. SCIENCE ADVISORY BOARD. 

2 (a) IN GENERAL.—There shall be within the Admin3 istration a Science Advisory Board, which shall provide 

4 such scientific advice as may be requested by the Adminis5 trator, the Committee on Commerce, Science, and Trans6 portation of the Senate, or the Committee on Science and 

7 Technology or on Natural Resources of the House of Rep8 resentatives. 

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

10 Board is to advise the Administrator and Congress on 

11 long-range and short-range strategies for research, edu12 cation, and the application of science to resource manage13 ment and environmental assessment and prediction. 

14 (c) MEMBERS.— 

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

16 shall be composed of at least 15 members appointed 

17 by the Administrator. Each member of the Board 

18 shall be qualified by education, training, and experi19 ence to evaluate scientific and technical information 

20 on matters referred to the Board under this section. 

21 (2) TERMS OF SERVICE.—Members shall be ap22 pointed for 3-year terms, renewable once, and shall 

23 serve at the discretion of the Administrator. An indi24 vidual serving a term as a member of the Science 

25 Advisory Board on the date of enactment of this Act 

26 may complete that term, and may be reappointed 


pwalker on PROD1PC71 with BILLS
19 

•HR 300 IH

1 once for another term of 3 years unless the term 

2 being served on such date of enactment is the second 

3 term served by that individual. Vacancy appoint4 ments shall be for the remainder of the unexpired 

5 term of the vacancy, and an individual so appointed 

6 may subsequently be appointed for 2 full 3-year 

7 terms if the remainder of the unexpired term is less 

8 than one year. 

9 (3) CHAIRPERSON.—The Administrator shall 

10 designate a chairperson from among the members of 

11 the Board. 

12 (4) APPOINTMENT.—Members of the Science 

13 Advisory Board shall be appointed as special Gov14 ernment employees, within the meaning given such 

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

16 Code. 

17 (d) ADMINISTRATIVE PROVISIONS.— 

18 (1) REPORTING.—The Science Advisory Board 

19 shall report to the Administrator and the appro20 priate requesting party. 

21 (2) ADMINISTRATIVE SUPPORT.—The Adminis22 trator shall provide administrative support to the 

23 Science Advisory Board. 

24 (3) MEETINGS.—The Science Advisory Board 

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


pwalker on PROD1PC71 with BILLS
20 

•HR 300 IH

1 times at the call of the Administrator or the Chair2 person. 

3 (4) COMPENSATION AND EXPENSES.—A mem4 ber of the Science Advisory Board shall not be com5 pensated for service on such board, but may be al6 lowed travel expenses, including per diem in lieu of 

7 subsistence, in accordance with subchapter I of 

8 chapter 57 of title 5, United States Code. 

9 (5) SUBCOMMITTEES.—The Science Advisory 

10 Board may establish such subcommittees of its 

11 members as may be necessary. The Science Advisory 

12 Board may establish task forces and working groups 

13 consisting of Board members and outside experts as 

14 may be necessary. 

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

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

17 Science Advisory Board. 

18 SEC. 9. REPORTS. 

19 (a) REPORT ON DATA MANAGEMENT, ARCHIVAL, 

20 AND DISTRIBUTION.— 

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

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

23 years thereafter, the Administrator shall do the fol24 lowing: 


pwalker on PROD1PC71 with BILLS
21 

•HR 300 IH

1 (A) Enter into an arrangement with the 

2 National Academy of Sciences to review the en3 vironmental data and information systems of 

4 the Administration and to provide recommenda5 tions to address any inadequacies identified by 

6 the review. The review shall assess the ade7 quacy of the environmental data and informa8 tion systems of the Administration to— 

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

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

13 the Administration, including data gath14 ered by other agencies that is processed or 

15 stored by the Administration; 

16 (ii) establish, develop, and maintain 

17 information bases, including necessary 

18 management systems, which will provide 

19 for consistent, efficient, and compatible 

20 transfer and use of data; 

21 (iii) develop effective interfaces among 

22 the environmental data and information 

23 systems of the Administration and other 

24 appropriate departments and agencies; 


pwalker on PROD1PC71 with BILLS
22 

•HR 300 IH

1 (iv) develop and use nationally accept2 ed formats and standards for data col3 lected by various national and international 

4 sources; 

5 (v) integrate and interpret data from 

6 different sources to produce information 

7 that can be used by decisionmakers in de8 veloping policies that effectively respond to 

9 national and global environmental con10 cerns; and 

11 (vi) reanalyze and reprocess the 

12 archived data as better science is developed 

13 to integrate diverse data sources. 

14 (B) Develop a strategic plan, with respect 

15 to the environmental data and information sys16 tems of the Administration, to— 

17 (i) respond to each of the rec18 ommendations in the review conducted 

19 under subparagraph (A); 

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

25 transmitted, including facility requirements 


pwalker on PROD1PC71 with BILLS
23 

•HR 300 IH

1 and critical new technology components 

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

4 (iii) propose specific Administration 

5 programs and activities for implementing 

6 the plan; 

7 (iv) identify the data and information 

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

10 the Administration with respect to other 

11 Federal departments and agencies and 

12 international organizations; and 

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

15 to achieve modernization and improvement 

16 objectives. 

17 (2) TRANSMITTAL TO CONGRESS.—Not later 

18 than 18 months after the date of enactment of this 

19 Act, the Administrator shall transmit to the Com20 mittee on Commerce, Science, and Transportation of 

21 the Senate and the Committee on Science and Tech22 nology of the House of Representatives the initial re23 view and strategic plan developed under paragraph 

24 (1). Subsequent reviews and strategic plans develVerDate Nov 24 2008 20:19 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H300.IH H300

pwalker on PROD1PC71 with BILLS
24 

•HR 300 IH

1 oped under paragraph (1) shall also be transmitted 

2 to those committees upon completion. 

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

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

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

7 years thereafter, the Administrator shall develop a 

8 strategic plan for research and development at the 

9 Administration. The plan shall include— 

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

12 the Administration’s operational requirements 

13 and on input provided by external stakeholders 

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

15 and 

16 (B) a strategic plan that assigns specific 

17 programs within the administration the respon18 sibility to meet each need identified under sub19 paragraph (A) and that describes the extent to 

20 which each need identified in subparagraph (A) 

21 will be addressed through— 

22 (i) intramural research; 

23 (ii) extramural, peer-reviewed, com24 petitive grant programs; and 


pwalker on PROD1PC71 with BILLS
25 

•HR 300 IH

1 (iii) work done in cooperation with 

2 other Federal agencies. 

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

6 for a review of the plan developed under paragraph 

7 (1). 

8 (3) TRANSMITTAL TO CONGRESS.—Not later 

9 than 18 months after the date of enactment of this 

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

12 the Senate and the Committee on Science and Tech13 nology of the House of Representatives the initial 

14 strategic plan developed under paragraph (1) and 

15 the review prepared pursuant to paragraph (2). Sub16 sequent strategic plans developed under paragraph 

17 (1) shall also be transmitted to those committees 

18 upon completion. 

19 SEC. 10. PUBLIC-PRIVATE PARTNERSHIPS. 

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

21 develop and submit to Congress a policy that defines proc22 esses for making decisions about the roles of the Adminis23 tration, the private sector, and the academic community 

24 in providing environmental information, products, tech25 nologies, and services. The first such submission shall be 


pwalker on PROD1PC71 with BILLS
26 

•HR 300 IH

1 completed not less than 3 years after the date of enact2 ment of this Act. At least 90 days before each submission 

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

4 policy in the Federal Register for a public comment period 

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

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

7 date of enactment of this Act. 

8 SEC. 11. EFFECT OF REORGANIZATION PLAN. 

9 Reorganization Plan No. 4 of 1970 shall have no fur10 ther force and effect. 

11 SEC. 12. SAVINGS PROVISION. 

12 All rules and regulations, determinations, standards, 

13 contracts, including collective bargaining agreements, cer14 tifications, authorizations, appointments, delegations, re15 sults and findings of investigations, and other actions duly 

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

17 authority of any statute or executive order which resulted 

18 in the assignment of functions or activities to the Sec19 retary, the Department of Commerce, the Under Secretary 

20 of Commerce for Oceans and Atmosphere, the Adminis21 trator, or any other officer of the Administration, that is 

22 in effect immediately before the date of enactment of this 

23 Act, shall continue in full force and effect after the effec24 tive date of this Act until modified or rescinded. All suits, 

25 appeals, judgments, and proceedings pending on such efVerDate Nov 24 2008 20:19 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H300.IH H300

pwalker on PROD1PC71 with BILLS
27 

•HR 300 IH

1 fective date relating to responsibilities or functions trans2 ferred pursuant to this Act shall continue without regard 

3 to such transfers, except for the transfer of responsibilities 

4 or functions. Any reference in law to a responsibility, func5 tion, or office transferred pursuant to this Act shall be 

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

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

8 to limit the ability of an Administration employee to dis9 cuss scientific research performed by that employee. Noth10 ing in this Act shall be construed to alter the responsibil11 ities or authorities of any other Federal agency. Nothing 

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

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

14 Federal agencies to the Administration. Nothing in this 

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

16 authority that the Administration has immediately before 

17 the date of enactment of this Act, nor to provide the Ad18 ministration with any new regulatory authority. Nothing 

19 in this Act shall be construed to grant the Administrator 

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

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

22 40, United States Code, or to grant any authority to lease 

23 general purpose office or storage space in any building; 

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

25 authority the Administrator has immediately before the 


pwalker on PROD1PC71 with BILLS
28 

•HR 300 IH

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

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

3 section 3301 of title 40, United States Code, or to dimin4 ish any authority the Administrator has immediately be5 fore the date of enactment of this Act to lease general 

6 purpose office or storage space in any building (regardless 

7 of whether those authorities are derived from laws, execu8 tive orders, rules, regulations, or delegations of authority 

9 from the Secretary of Commerce). 

10 SEC. 13. REORGANIZATION PLAN. 

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

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

13 develop a reorganization plan for the Administration in 

14 accordance with this section and shall publish the plan in 

15 the Federal Register. The Federal Register notice shall 

16 solicit comments for a period of 60 days. 

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

18 of the comment period described in paragraph (1), the Ad19 ministrator shall transmit to Congress a revised version 

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

21 The Administrator shall also publish the revised plan in 

22 the Federal Register. The Administrator shall transmit 

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

24 the Administrator dealt with each issue raised by the com25 ments received. 


pwalker on PROD1PC71 with BILLS
29 

•HR 300 IH

1 (3) The Administrator shall implement the plan 60 

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

3 (b) CONTENT.—The plan, to the greatest extent prac4 ticable, shall— 

5 (1) consistent with section 5 and the other pro6 visions of this Act, maximize the efficiency with 

7 which the Administration carries out the functions 

8 of— 

9 (A) operations and services; 

10 (B) research and education; and 

11 (C) resource management; 

12 (2) improve the sharing of research and other 

13 information that is of use across programmatic 

14 themes; and 

15 (3) eliminate duplication of effort or overlap16 ping efforts among offices. 

17 (c) CONSULTATION.—In developing the plan, the Ad18 ministrator shall consult with interested parties, including 

19 the States, academia, industry, conservation organiza20 tions, and Administration employees. 

21 SEC. 14. FACILITY EVALUATION PROCESS. 

22 (a) PUBLIC NOTIFICATION AND ASSESSMENT PROC23 ESS.— 

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

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


pwalker on PROD1PC71 with BILLS
30 

•HR 300 IH

1 facility of the Administration, unless and until the 

2 Administrator has followed the procedures required 

3 by this section. 

4 (2) REVIEW PROCESS.—The Administrator 

5 shall not close, consolidate, relocate, subdivide, or es6 tablish a facility of the Administration with an an7 nual operating budget of $5,000,000 or greater, or 

8 a National Weather Service field office, unless and 

9 until— 

10 (A) the Administrator has published in the 

11 Federal Register the proposed action and a de12 scription of the offices, personnel, and activities 

13 of the Administration that would be affected by 

14 the proposed change, and has provided for a 

15 minimum of 60 days for public comment; 

16 (B) if the proposed change involves a 

17 science facility of the Administration, the 

18 Science Advisory Board has reviewed the pro19 posed change and provided to the Administrator 

20 written findings regarding the proposed change; 

21 (C) if the proposed change involves a Na22 tional Weather Service field office, the Adminis23 trator has prepared a report including— 

24 (i) a description of local weather char25 acteristics and weather-related concerns 


pwalker on PROD1PC71 with BILLS
31 

•HR 300 IH

1 which affect the weather services provided 

2 within the service area; 

3 (ii) a detailed comparison of the serv4 ices provided within the service area and 

5 the services to be provided after the pro6 posed change; 

7 (iii) a description of any recent or ex8 pected modernization of National Weather 

9 Service operations which will enhance serv10 ices in the service area; 

11 (iv) an identification of any area with12 in any State which would not receive cov13 erage (at an elevation of 10,000 feet) due 

14 to the proposed change; and 

15 (v) evidence, based on operational 

16 demonstration of National Weather Service 

17 operations, which was considered in reach18 ing the conclusion that no degradation in 

19 service will result from the proposed 

20 change; 

21 (D) the Administrator has prepared an 

22 analysis of the anticipated costs and savings as23 sociated with the proposed facility change, in24 cluding both costs and savings in the first fiscal 

25 year following the change, and changes in operVerDate Nov 24 2008 20:19 Jan 11, 2009 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H300.IH H300

pwalker on PROD1PC71 with BILLS
32 

•HR 300 IH

1 ations and maintenance costs and savings over 

2 a ten-year period; and 

3 (E) the Administrator has prepared an 

4 analysis of the effects of the facility change on 

5 operations and research of the Administration, 

6 and the potential impacts on cooperative insti7 tutes, other external Administration partner8 ships, partnerships with other Federal agencies, 

9 and any State and local partnerships. 

10 (3) NOTICE TO CONGRESS.—(A) The Adminis11 trator shall provide to Congress, at least 90 days be12 fore any closure, consolidation, relocation, subdivi13 sion, or establishment of a facility of the Adminis14 tration with an annual budget of $5,000,000 or 

15 greater, or any National Weather Service field office, 

16 a summary of the public comments received pursu17 ant to paragraph (2)(A), any written findings pre18 pared under paragraph (2)(B), any report prepared 

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

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

21 (B) The Administrator shall provide to Con22 gress, at least 90 days before any closure, consolida23 tion, relocation, subdivision, or establishment of a 

24 facility of the Administration not described in sub25 paragraph (A), written notification of the planned 


pwalker on PROD1PC71 with BILLS
33 

•HR 300 IH

1 closure, consolidation, relocation, subdivision, or es2 tablishment. 

3 (b) WEATHER SERVICE MODERNIZATION.—Nothing 

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

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

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

7 (1) the term ‘‘facility’’ means a laboratory, op8 erations office, administrative service center, or 

9 other establishment of the Administration; and 

10 (2) the term ‘‘field office’’ has the same mean11 ing given that term in section 702 of the Weather 

12 Service Modernization Act. 

13 SEC. 15. BUDGET REPROGRAMMING. 

14 Whenever the Administrator transmits a budget re15 programming request to the Appropriations Committees 

16 of the House of Representatives and the Senate, the Ad17 ministrator shall simultaneously submit a copy of the re18 quest to the Committee on Science and Technology and 

19 the Committee on Natural Resources of the House of Rep20 resentatives and the Committee on Commerce, Science, 

21 and Transportation of the Senate. 

22 SEC. 16. BASELINES AND COST CONTROLS. 

23 (a) CONDITIONS FOR DEVELOPMENT.— 

24 (1) IN GENERAL.—The Administration shall 

25 not enter into a contract for the development of a 


pwalker on PROD1PC71 with BILLS
34 

•HR 300 IH

1 major program unless the Administrator determines 

2 that— 

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

4 of the program are clearly identified and the 

5 program has developed a plan to manage those 

6 risks; 

7 (B) the technologies required for the pro8 gram have been demonstrated in a relevant lab9 oratory or test environment; and 

10 (C) the program complies with all relevant 

11 policies, regulations, and directives of the Ad12 ministration. 

13 (2) REPORT.—The Administrator shall trans14 mit a report describing the basis for the determina15 tion required under paragraph (1) to the Committee 

16 on Science and Technology of the House of Rep17 resentatives and the Committee on Commerce, 

18 Science, and Transportation of the Senate at least 

19 30 days before entering into a contract for develop20 ment under a major program. 

21 (3) NONDELEGATION.—The Administrator may 

22 not delegate the determination requirement under 

23 this subsection, except in cases in which the Admin24 istrator has a conflict of interest. 

25 (b) MAJOR PROGRAM ANNUAL REPORTS.— 


pwalker on PROD1PC71 with BILLS
35 

•HR 300 IH

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

2 time as the President’s annual budget submission to 

3 the Congress, the Administrator shall transmit to 

4 the Committee on Science and Technology of the 

5 House of Representatives and the Committee on 

6 Commerce, Science, and Transportation of the Sen7 ate a report that includes the information required 

8 by this section for each major program for which the 

9 Administration proposes to expend funds in the sub10 sequent fiscal year. Reports under this paragraph 

11 shall be known as Major Program Annual Reports. 

12 (2) BASELINE REPORT.—The first Major Pro13 gram Annual Report for each major program shall 

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

15 include— 

16 (A) the purposes of the program and key 

17 technical characteristics necessary to fulfill 

18 those purposes; 

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

20 the program, with a detailed breakout of the 

21 development cost, program reserves, and an es22 timate of the annual costs until development is 

23 completed; 

24 (C) the schedule for development, including 

25 key program milestones; 


pwalker on PROD1PC71 with BILLS
36 

•HR 300 IH

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

2 and schedule risks identified in accordance with 

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

4 (E) the name of the person responsible for 

5 making notifications under subsection (c), who 

6 shall be an individual whose primary responsi7 bility is overseeing the program. 

8 (3) INFORMATION UPDATES.—For major pro9 grams for which a Baseline Report has been sub10 mitted, each subsequent Major Program Annual Re11 port shall describe any changes to the information 

12 that had been provided in the Baseline Report, and 

13 the reasons for those changes. 

14 (c) NOTIFICATION.— 

15 (1) REQUIREMENT.—The individual identified 

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

17 the Administrator any time that individual has rea18 sonable cause to believe that, for the major program 

19 for which he or she is responsible— 

20 (A) the development cost of the program is 

21 likely to exceed the estimate provided in the 

22 Baseline Report of the program by 15 percent 

23 or more; or 

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

25 be delayed by 6 months or more from the date 


pwalker on PROD1PC71 with BILLS
37 

•HR 300 IH

1 provided for it in the Baseline Report of the 

2 program. 

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

4 the notification required under paragraph (1), the 

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

6 transmit to the Administrator a written notification 

7 explaining the reasons for the change in the cost or 

8 milestone of the program for which notification was 

9 provided under paragraph (1). 

10 (3) NOTIFICATION OF CONGRESS.—Not later 

11 than 15 days after the Administrator receives a writ12 ten notification under paragraph (2), the Adminis13 trator shall transmit the notification to the Com14 mittee on Science and Technology of the House of 

15 Representatives and the Committee on Commerce, 

16 Science, and Transportation of the Senate. 

17 (d) FIFTEEN PERCENT THRESHOLD.—Not later 

18 than 30 days after receiving a written notification under 

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

20 whether the development cost of the program is likely to 

21 exceed the estimate provided in the Baseline Report of the 

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

23 is likely to be delayed by 6 months or more. If the deter24 mination is affirmative, the Administrator shall— 


pwalker on PROD1PC71 with BILLS
38 

•HR 300 IH

1 (1) transmit to the Committee on Science and 

2 Technology of the House of Representatives and the 

3 Committee on Commerce, Science, and Transpor4 tation of the Senate, not later than 15 days after 

5 making the determination, a report that includes— 

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

7 delay in schedule and a detailed explanation for 

8 the increase or delay; 

9 (B) a description of actions taken or pro10 posed to be taken in response to the cost in11 crease or delay; and 

12 (C) a description of any impacts the cost 

13 increase or schedule delay, or the actions de14 scribed under subparagraph (B), will have on 

15 any other program within the Administration; 

16 and 

17 (2) if the Administrator intends to continue 

18 with the program, promptly initiate an analysis of 

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

20 (A) the projected cost and schedule for 

21 completing the program if current requirements 

22 of the program are not modified; 

23 (B) the projected cost and the schedule for 

24 completing the program after instituting the ac25 tions described under paragraph (1)(B); and 


pwalker on PROD1PC71 with BILLS
39 

•HR 300 IH

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

2 and schedule for, a broad range of alternatives 

3 to the program. 

4 The Administration shall complete an analysis initiated 

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

6 Administrator makes a determination under this sub7 section. The Administrator shall transmit the analysis to 

8 the Committee on Science and Technology of the House 

9 of Representatives and Committee on Commerce, Science, 

10 and Transportation of the Senate not later than 30 days 

11 after its completion. 

12 (e) THIRTY PERCENT THRESHOLD.—If the Adminis13 trator determines under subsection (d) that the develop14 ment cost of a program will exceed the estimate provided 

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

16 percent, then, beginning 18 months after the date the Ad17 ministrator transmits a report under subsection (d)(1), 

18 the Administrator shall not expend any additional funds 

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

20 Congress has subsequently authorized continuation of the 

21 program by law. An appropriation for the specific program 

22 enacted subsequent to a report being transmitted shall be 

23 considered an authorization for purposes of this sub24 section. If the program is continued, the Administrator 

25 shall submit a new Baseline Report for the program no 


pwalker on PROD1PC71 with BILLS
40 

•HR 300 IH

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

2 under which Congress has authorized continuation of the 

3 program. 

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

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

6 a program following the formulation phase and be7 ginning with the approval to proceed to implementa8 tion. 

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

10 total of all costs, including construction of facilities 

11 and civil servant costs, from the period beginning 

12 with the approval to proceed to implementation 

13 through the achievement of operational readiness, 

14 without regard to funding source or management 

15 control, for the life of the program; 

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

17 the direct, indirect, recurring, and nonrecurring 

18 costs, including the construction of facilities and civil 

19 servant costs, and other related expenses incurred or 

20 estimated to be incurred in the design, development, 

21 verification, production, operation, maintenance, 

22 support, and retirement of a program over its 

23 planned lifespan, without regard to funding source 

24 or management control; and 


pwalker on PROD1PC71 with BILLS
41 

•HR 300 IH

1 (4) the term ‘‘major program’’ means an activ2 ity approved to proceed to implementation that has 

3 an estimated life-cycle cost of more than 

4 $250,000,000. 

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

6 CONTRACTS FOR THE PROCUREMENT OF 

7 GOODS AND SERVICES. 

8 (a) CONVERSIONS TO CONTRACTOR PERFORMANCE

9 OF ADMINISTRATION ACTIVITIES.—Except as provided in 

10 subsection (c), an activity or function of the Administra11 tion that is converted to contractor performance under Of12 fice of Management and Budget Circular A–76 may not 

13 be performed by the contractor or any subcontractor at 

14 a location outside the United States. 

15 (b) CONTRACTS FOR THE PROCUREMENT OF SERV16 ICES.—(1) Except as provided in subsection (c), a contract 

17 for the procurement of goods or services that is entered 

18 into by the Administrator may not be performed outside 

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

20 the Administration for goods or services specifically at a 

21 location outside the United States. 

22 (2) The President may waive the prohibition in para23 graph (1) in the case of any contract for which the Presi24 dent determines in writing that it is necessary in the na25 tional security interests of the United States for goods or 


pwalker on PROD1PC71 with BILLS
42 

•HR 300 IH

1 services under the contract to be performed outside the 

2 United States. 

3 (3) The Administrator may waive the prohibition in 

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

5 Administrator determines in writing that essential goods 

6 or services under the contract are only available from a 

7 source outside the United States. 

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

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

10 the contract was previously performed by Federal Govern11 ment employees outside the United States. 

12 (d) CONSISTENCY WITH INTERNATIONAL AGREE13 MENTS.—The provisions of this section shall not apply to 

14 the extent that they are inconsistent with obligations of 

15 the United States under international agreements. 

16 SEC. 18. RECORDKEEPING AND REPORTING REQUIRE17 MENT. 

18 The Administrator shall transmit to Congress, not 

19 later than 120 days after the end of each fiscal year begin20 ning with the first fiscal year after the date of enactment 

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

22 performed overseas and the amount of purchases directly 

23 or indirectly by the Administration from foreign entities 

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


pwalker on PROD1PC71 with BILLS
43 

•HR 300 IH

1 (1) the contracts and subcontracts and their 

2 dollar values for which the Administrator determines 

3 that essential goods or services under the contract 

4 are available only from a source outside the United 

5 States; and 

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

7 the Buy American Act was waived pursuant to obli8 gations of the United States under international 

9 agreements. 

Æ 


pwalker on PROD1PC71 with BILLS