HR 5450 RFS 
Service positions authorized under section 3133 of title 5, 
United States Code. 
(f) GENERAL COUNSEL.— 
(1) IN GENERAL.—There shall be in the Admin-
istration a General Counsel. The General Counsel 
shall be appointed by the Secretary. The General 
Counsel shall be paid at the rate of basic pay for 
level V of the Executive Schedule. 
(2) FUNCTIONS.—The General Counsel— 
(A) shall serve as the chief legal officer of 
the Administration for all legal matters that 
arise in connection with the conduct of the 
functions of the Administration; and 
(B) shall perform such other functions and 
exercise such powers as the Administrator may 
prescribe. 
(g) CONTINUATION
OF SERVICE.—Any individual 
serving on the effective date of this Act in a position pro-
vided for in this Act may continue to serve in that position 
until a successor is appointed under this Act. Nothing in 
this Act shall be construed to require the appointment of 
a successor under this Act sooner than would have been 
required under law as in effect before the effective date 
of this Act. 
VerDate Aug 31 2005 
22:34 Sep 22, 2006
Jkt 049196
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5450.RFS
H5450
rwilkins on PROD1PC63 with BILLS
HR 5450 RFS 
SEC. 5. NATIONAL WEATHER SERVICE. 
(a) IN GENERAL.—The Secretary shall maintain 
within the Administration the National Weather Service. 
(b) MISSION.—The mission of the National Weather 
Service is to provide weather, water, climate, tsunami, and 
space weather forecasts and warnings for the United 
States, its territories, adjacent waters, and ocean areas for 
the protection of life and property and the enhancement 
of the national economy. In carrying out the mission of 
the National Weather Service, the Administrator shall en-
sure that the National Weather Service— 
(1) provides timely and accurate weather, 
water, climate, tsunami, and space weather fore-
casts; and 
(2) provides timely and accurate warnings of 
natural hazards related to weather, water, climate, 
and tsunamis, and of space weather hazards. 
(c) FUNCTIONS.—The functions of the National 
Weather Service shall include— 
(1) maintaining a network of local weather fore-
cast offices; 
(2) maintaining a network of observation sys-
tems to collect weather and climate data; 
(3) operating national centers to deliver guid-
ance, forecasts, warnings, and analysis about weath-
VerDate Aug 31 2005 
22:34 Sep 22, 2006
Jkt 049196
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5450.RFS
H5450
rwilkins on PROD1PC63 with BILLS
HR 5450 RFS 
er, water, climate, tsunami, and space weather phe-
nomena for the Administration and the public; 
(4) providing information to Federal agencies 
and other organizations responsible for emergency 
preparedness and response as required by law; 
(5) conducting and supporting applied research 
to facilitate the rapid incorporation of weather and 
climate science advances into operational tools; and 
(6) other functions to serve the mission of the 
National Weather Service described in subsection 
(b). 
SEC. 6. OPERATIONS AND SERVICES. 
(a) IN GENERAL.—The Secretary shall maintain 
within the Administration programs to support efforts, on 
a continuing basis, to collect data and provide information 
and products regarding satellites, observations, and coast-
al, ocean and Great Lakes information. 
(b) FUNCTIONS.—To accomplish the mission de-
scribed in section 3(b), and in addition to the functions 
described in section 3(c), the operations and service as-
pects of the Administration shall include— 
(1) acquiring, managing, and operating coastal, 
ocean, and Great Lakes observing systems; 
(2) contributing to the operation of a global 
Earth-observing system; 
VerDate Aug 31 2005 
22:34 Sep 22, 2006
Jkt 049196
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5450.RFS
H5450
rwilkins on PROD1PC63 with BILLS
HR 5450 RFS 
(3) integrating Administration remote sensing 
and in situ assets that provide critical data needed 
to support the mission of the Administration, and 
providing that data to decisionmakers and the pub-
lic; 
(4) developing, acquiring, and managing oper-
ational environmental satellite programs and associ-
ated ground control and data acquisition and deliv-
ery facilities to support the mission of the Adminis-
tration; 
(5) managing and distributing atmospheric, 
geophysical, and marine data and data products for 
the Administration through national environmental 
data centers; 
(6) providing for long-term stewardship of envi-
ronmental data, products, and information via data 
processing, storage, reanalysis, reprocessing, and ar-
chive facilities; 
(7) issuing licenses for private remote sensing 
space systems under the Land Remote Sensing Pol-
icy Act of 1992; 
(8) administering a national water level obser-
vation network, which shall include monitoring of 
the Great Lakes; 
VerDate Aug 31 2005 
22:34 Sep 22, 2006
Jkt 049196
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5450.RFS
H5450
rwilkins on PROD1PC63 with BILLS
HR 5450 RFS 
(9) providing charts and other information for 
safe navigation of the oceans and inland waters, as 
provided by law; 
(10) maintaining a fleet of ships and aircraft to 
support the mission of the Administration; and 
(11) such other operations and services func-
tions to serve the mission of the Administration as 
the Administrator may prescribe. 
SEC. 7. RESEARCH AND EDUCATION. 
(a) IN GENERAL.—The Secretary shall maintain 
within the Administration programs to conduct and sup-
port research and education and the development of tech-
nologies relating to weather, climate, and the coasts, 
oceans, and Great Lakes. 
(b) FUNCTIONS.—To accomplish the mission de-
scribed in section 3(b), and in addition to the functions 
described in section 3(c), the research and education as-
pects of the Administration shall include— 
(1) conducting and supporting research and de-
velopment to improve the Administration’s capabili-
ties to collect, through observation and otherwise, 
communicate, analyze, process, and disseminate 
comprehensive scientific data and information about 
weather, climate, and the coasts, oceans, and Great 
Lakes; 
VerDate Aug 31 2005 
22:34 Sep 22, 2006
Jkt 049196
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5450.RFS
H5450
rwilkins on PROD1PC63 with BILLS
HR 5450 RFS 
(2) improving ecological prediction and manage-
ment capabilities through ecosystem-based research 
and development; 
(3) contributing information on the Earth’s cli-
mate and related systems, obtained through research 
and observation, that addresses questions con-
fronting policymakers, resources managers, and 
other users; 
(4) reducing uncertainty in projections of how 
the Earth’s climate and related systems may change 
in the future; 
(5) fostering the public’s ability to understand 
and integrate scientific information into consider-
ations of national environmental issues through edu-
cation and public outreach activities; 
(6) administering the National Sea Grant Col-
lege Program Act; 
(7) conducting and supporting research and de-
velopment of technology for exploration of the 
oceans; 
(8) maintaining a system of laboratories to per-
form the functions described in this subsection; 
(9) supporting extramural peer-reviewed com-
petitive grant programs to assist the Administration 
VerDate Aug 31 2005 
22:34 Sep 22, 2006
Jkt 049196
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5450.RFS
H5450
rwilkins on PROD1PC63 with BILLS
HR 5450 RFS 
in performing the functions described in this sub-
section; and 
(10) such other research, development, edu-
cation, and outreach functions to serve the mission 
of the Administration as the Administrator may pre-
scribe. 
SEC. 8. SCIENCE ADVISORY BOARD. 
(a) IN GENERAL.—There shall be within the Admin-
istration a Science Advisory Board, which shall provide 
such scientific advice as may be requested by the Adminis-
trator, the Committee on Commerce, Science, and Trans-
portation of the Senate, or the Committee on Science or 
on Resources of the House of Representatives. 
(b) PURPOSE.—The purpose of the Science Advisory 
Board is to advise the Administrator and Congress on 
long-range and short-range strategies for research, edu-
cation, and the application of science to resource manage-
ment and environmental assessment and prediction. 
(c) MEMBERS.— 
(1) IN GENERAL.—The Science Advisory Board 
shall be composed of at least 15 members appointed 
by the Administrator. Each member of the Board 
shall be qualified by education, training, and experi-
ence to evaluate scientific and technical information 
on matters referred to the Board under this section. 
VerDate Aug 31 2005 
22:34 Sep 22, 2006
Jkt 049196
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5450.RFS
H5450
rwilkins on PROD1PC63 with BILLS
HR 5450 RFS 
(2) TERMS OF SERVICE.—Members shall be ap-
pointed for 3-year terms, renewable once, and shall 
serve at the discretion of the Administrator. An indi-
vidual serving a term as a member of the Science 
Advisory Board on the date of enactment of this Act 
may complete that term, and may be reappointed 
once for another term of 3 years unless the term 
being served on such date of enactment is the second 
term served by that individual. Vacancy appoint-
ments shall be for the remainder of the unexpired 
term of the vacancy, and an individual so appointed 
may subsequently be appointed for 2 full 3-year 
terms if the remainder of the unexpired term is less 
than one year. 
(3) CHAIRPERSON.—The Administrator shall 
designate a chairperson from among the members of 
the Board. 
(4) APPOINTMENT.—Members of the Science 
Advisory Board shall be appointed as special Gov-
ernment employees, within the meaning given such 
term in section 202(a) of title 18, United States 
Code. 
(d) ADMINISTRATIVE PROVISIONS.— 
VerDate Aug 31 2005 
22:34 Sep 22, 2006
Jkt 049196
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5450.RFS
H5450
rwilkins on PROD1PC63 with BILLS
HR 5450 RFS 
(1) REPORTING.—The Science Advisory Board 
shall report to the Administrator and the appro-
priate requesting party. 
(2) ADMINISTRATIVE SUPPORT.—The Adminis-
trator shall provide administrative support to the 
Science Advisory Board. 
(3) MEETINGS.—The Science Advisory Board 
shall meet at least twice each year, and at other 
times at the call of the Administrator or the Chair-
person. 
(4) COMPENSATION AND EXPENSES.—A mem-
ber of the Science Advisory Board shall not be com-
pensated for service on such board, but may be al-
lowed travel expenses, including per diem in lieu of 
subsistence, in accordance with subchapter I of 
chapter 57 of title 5, United States Code. 
(5) SUBCOMMITTEES.—The Science Advisory 
Board may establish such subcommittees of its 
members as may be necessary. The Science Advisory 
Board may establish task forces and working groups 
consisting of Board members and outside experts as 
may be necessary. 
(e) EXPIRATION.—Section 14 of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the 
Science Advisory Board. 
VerDate Aug 31 2005 
22:34 Sep 22, 2006
Jkt 049196
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5450.RFS
H5450
rwilkins on PROD1PC63 with BILLS
HR 5450 RFS 
SEC. 9. REPORTS. 
(a) REPORT
ON DATA MANAGEMENT, ARCHIVAL, 
AND DISTRIBUTION.— 
(1) CONTENTS.—Not later than 1 year after 
the date of enactment of this Act, and once every 5 
years thereafter, the Administrator shall do the fol-
lowing: 
(A) Enter into an arrangement with the 
National Academy of Sciences to review the en-
vironmental data and information systems of 
the Administration and to provide recommenda-
tions to address any inadequacies identified by 
the review. The review shall assess the ade-
quacy of the environmental data and informa-
tion systems of the Administration to— 
(i) provide adequate capacity to man-
age, archive and disseminate environmental 
information collected and processed, or ex-
pected to be collected and processed, by 
the Administration, including data gath-
ered by other agencies that is processed or 
stored by the Administration; 
(ii) establish, develop, and maintain 
information bases, including necessary 
management systems, which will provide 
VerDate Aug 31 2005 
22:34 Sep 22, 2006
Jkt 049196
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H5450.RFS
H5450
rwilkins on PROD1PC63 with BILLS
HR 5450 RFS 
for consistent, efficient, and compatible 
transfer and use of data; 
(iii) develop effective interfaces among 
the environmental data and information 
systems of the Administration and other 
appropriate departments and agencies; 
(iv) develop and use nationally accept-
ed formats and standards for data col-
lected by various national and international 
sources; 
(v) integrate and interpret data from 
different sources to produce information 
that can be used by decisionmakers in de-
veloping policies that effectively respond to 
national and global environmental con-
cerns; and 
(vi) reanalyze and reprocess the 
archived data as better science is developed 
to integrate diverse data sources. 
(B) Develop a strategic plan, with respect 
to the environmental data and information sys-
tems of the Administration, to— 
(i) respond to each of the rec-
ommendations in the review conducted 
under subparagraph (A); 
VerDate Aug 31 2005 
22:34 Sep 22, 2006
Jkt 049196
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H5450.RFS
H5450
rwilkins on PROD1PC63 with BILLS
HR 5450 RFS 
(ii) set forth modernization and im-
provement objectives for an integrated na-
tional environmental data access and ar-
chive system for the 10-year period begin-
ning with the year in which the plan is 
transmitted, including facility requirements 
and critical new technology components 
that would be necessary to meet the objec-
tives set forth; 
(iii) propose specific Administration 
programs and activities for implementing 
the plan; 
(iv) identify the data and information 
management, reanalysis, reprocessing, ar-
chival, and distribution responsibilities of 
the Administration with respect to other 
Federal departments and agencies and 
international organizations; and 
(v) provide an implementation sched-
ule and estimate funding levels necessary 
to achieve modernization and improvement 
objectives. 
(2) TRANSMITTAL
TO
CONGRESS.—Not later 
than 18 months after the date of enactment of this 
Act, the Administrator shall transmit to the Com-
VerDate Aug 31 2005 
22:34 Sep 22, 2006
Jkt 049196
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H5450.RFS
H5450
rwilkins on PROD1PC63 with BILLS
HR 5450 RFS 
mittee on Commerce, Science, and Transportation of 
the Senate and the Committee on Science of the 
House of Representatives the initial review and stra-
tegic plan developed under paragraph (1). Subse-
quent reviews and strategic plans developed under 
paragraph (1) shall also be transmitted to those 
committees upon completion. 
(b) STRATEGIC PLAN FOR RESEARCH AND DEVELOP-
MENT.— 
(1) CONTENTS.—Not later than 1 year after 
the date of enactment of this Act, and once every 5 
years thereafter, the Administrator shall develop a 
strategic plan for research and development at the 
Administration. The plan shall include— 
(A) an assessment of the science and tech-
nology needs of the Administration based on 
the Administration’s operational requirements 
and on input provided by external stakeholders 
at the national, regional, State, and local levels; 
and 
(B) a strategic plan that assigns specific 
programs within the administration the respon-
sibility to meet each need identified under sub-
paragraph (A) and that describes the extent to 
VerDate Aug 31 2005 
22:34 Sep 22, 2006
Jkt 049196
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H5450.RFS
H5450
rwilkins on PROD1PC63 with BILLS
HR 5450 RFS 
which each need identified in subparagraph (A) 
will be addressed through— 
(i) intramural research; 
(ii) extramural, peer-reviewed, com-
petitive grant programs; and 
(iii) work done in cooperation with 
other Federal agencies. 
(2) NATIONAL
ACADEMY
OF
SCIENCES
RE-
VIEW.—The Administrator shall enter into an ar-
rangement with the National Academy of Sciences 
for a review of the plan developed under paragraph 
(1). 
(3) TRANSMITTAL
TO
CONGRESS.—Not later 
than 18 months after the date of enactment of this 
Act, the Administrator shall transmit to the Com-
mittee on Commerce, Science, and Transportation of 
the Senate and the Committee on Science of the 
House of Representatives the initial strategic plan 
developed under paragraph (1) and the review pre-
pared pursuant to paragraph (2). Subsequent stra-
tegic plans developed under paragraph (1) shall also 
be transmitted to those committees upon completion. 
SEC. 10. PUBLIC-PRIVATE PARTNERSHIPS. 
Not less than once every 5 years, the Secretary shall 
develop and submit to Congress a policy that defines proc-
VerDate Aug 31 2005 
22:34 Sep 22, 2006
Jkt 049196
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H5450.RFS
H5450
rwilkins on PROD1PC63 with BILLS
HR 5450 RFS 
esses for making decisions about the roles of the Adminis-
tration, the private sector, and the academic community 
in providing environmental information, products, tech-
nologies, and services. The first such submission shall be 
completed not less than 3 years after the date of enact-
ment of this Act. At least 90 days before each submission 
of the policy to Congress, the Secretary shall publish the 
policy in the Federal Register for a public comment period 
of not less than 60 days. Nothing in this section shall be 
construed to require changes in the policy in effect on the 
date of enactment of this Act. 
SEC. 11. EFFECT OF REORGANIZATION PLAN. 
Reorganization Plan No. 4 of 1970 shall have no fur-
ther force and effect. 
SEC. 12. SAVINGS PROVISION. 
All rules and regulations, determinations, standards, 
contracts, including collective bargaining agreements, cer-
tifications, authorizations, appointments, delegations, re-
sults and findings of investigations, and other actions duly 
issued, made, or taken by or pursuant to or under the 
authority of any statute or executive order which resulted 
in the assignment of functions or activities to the Sec-
retary, the Department of Commerce, the Under Secretary 
of Commerce for Oceans and Atmosphere, the Adminis-
trator, or any other officer of the Administration, that is 
VerDate Aug 31 2005 
22:34 Sep 22, 2006
Jkt 049196
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H5450.RFS
H5450
rwilkins on PROD1PC63 with BILLS
HR 5450 RFS 
in effect immediately before the date of enactment of this 
Act, shall continue in full force and effect after the effec-
tive date of this Act until modified or rescinded. All suits, 
appeals, judgments, and proceedings pending on such ef-
fective date relating to responsibilities or functions trans-
ferred pursuant to this Act shall continue without regard 
to such transfers, except for the transfer of responsibilities 
or functions. Any reference in law to a responsibility, func-
tion, or office transferred pursuant to this Act shall be 
deemed to refer to the responsibility, function, or office 
as so transferred. Nothing in this Act shall be construed 
to limit the ability of an Administration employee to dis-
cuss scientific research performed by that employee. Noth-
ing in this Act shall be construed to alter the responsibil-
ities or authorities of any other Federal agency. Nothing 
in this Act shall be construed to authorize or prohibit the 
transfer of any program, function, or project from other 
Federal agencies to the Administration. Nothing in this 
Act shall be construed to expand, modify, or supersede the 
authority that the Administration has immediately before 
the date of enactment of this Act, nor to provide the Ad-
ministration with any new regulatory authority. Nothing 
in this Act shall be construed to grant the Administrator 
any authority to construct, alter, repair, or acquire by any 
means a public building, as defined at section 3301 of title 
VerDate Aug 31 2005 
22:34 Sep 22, 2006
Jkt 049196
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H5450.RFS
H5450
rwilkins on PROD1PC63 with BILLS
HR 5450 RFS 
40, United States Code, or to grant any authority to lease 
general purpose office or storage space in any building; 
and nothing in this Act shall be construed to diminish any 
authority the Administrator has immediately before the 
date of enactment of this Act to construct, alter, repair, 
or acquire by any means a public building, as defined at 
section 3301 of title 40, United States Code, or to dimin-
ish any authority the Administrator has immediately be-
fore the date of enactment of this Act to lease general 
purpose office or storage space in any building (regardless 
of whether those authorities are derived from laws, execu-
tive orders, rules, regulations, or delegations of authority 
from the Secretary of Commerce). 
SEC. 13. REORGANIZATION PLAN. 
(a) SCHEDULE.—(1) Not later than 18 months after 
the date of enactment of this Act, the Administrator shall 
develop a reorganization plan for the Administration in 
accordance with this section and shall publish the plan in 
the Federal Register. The Federal Register notice shall 
solicit comments for a period of 60 days. 
(2) Not later than 90 days after the expiration date 
of the comment period described in paragraph (1), the Ad-
ministrator shall transmit to Congress a revised version 
of the plan that takes into account the comments received. 
The Administrator shall also publish the revised plan in 
VerDate Aug 31 2005 
22:34 Sep 22, 2006
Jkt 049196
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H5450.RFS
H5450
rwilkins on PROD1PC63 with BILLS