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
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tive date of this Act until modified or rescinded.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
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
the Federal Register. The Administrator shall transmit 
and publish, along with the plan, an explanation of how 
the Administrator dealt with each issue raised by the com-
ments received. 
(3) The Administrator shall implement the plan 60 
days after the plan has been transmitted to the Congress. 
(b) CONTENT.—The plan, to the greatest extent prac-
ticable, shall—
(1) consistent with section 5 and the other pro-
visions of this Act, maximize the efficiency with 
which the Administration carries out the functions 
of—
(A) operations and services; 
(B) research and education; and 
(C) resource management; 
(2) improve the sharing of research and other 
information that is of use across programmatic 
themes; and 
(3) eliminate duplication of effort or overlap-
ping efforts among offices. 
(c) CONSULTATION.—In developing the plan, the Ad-
ministrator shall consult with interested parties, including 
the States, academia, industry, conservation organiza-
tions, and Administration employees.
SEC. 14. FACILITY EVALUATION PROCESS. 
(a) PUBLIC NOTIFICATION AND ASSESSMENT PROC-
ESS.—
(1) IN GENERAL.—The Administrator shall not 
close, consolidate, relocate, subdivide, or establish a 
facility of the Administration, unless and until the 
Administrator has followed the procedures required 
by this section. 
(2) REVIEW
PROCESS.—The Administrator 
shall not close, consolidate, relocate, subdivide, or es-
tablish a facility of the Administration with an an-
nual operating budget of $5,000,000 or greater, or 
a National Weather Service field office, unless and 
until—
(A) the Administrator has published in the 
Federal Register the proposed action and a de-
scription of the offices, personnel, and activities 
of the Administration that would be affected by 
the proposed change, and has provided for a 
minimum of 60 days for public comment; 
(B) if the proposed change involves a 
science facility of the Administration, the 
Science Advisory Board has reviewed the pro-
posed change and provided to the Administrator 
written findings regarding the proposed change;
(C) if the proposed change involves a Na-
tional Weather Service field office, the Adminis-
trator has prepared a report including—
(i) a description of local weather char-
acteristics and weather-related concerns 
which affect the weather services provided 
within the service area; 
(ii) a detailed comparison of the serv-
ices provided within the service area and 
the services to be provided after the pro-
posed change; 
(iii) a description of any recent or ex-
pected modernization of National Weather 
Service operations which will enhance serv-
ices in the service area; 
(iv) an identification of any area with-
in any State which would not receive cov-
erage (at an elevation of 10,000 feet) due 
to the proposed change; and 
(v) evidence, based on operational 
demonstration of National Weather Service 
operations, which was considered in reach-
ing the conclusion that no degradation in 
service will result from the proposed 
change;
(D) the Administrator has prepared an 
analysis of the anticipated costs and savings as-
sociated with the proposed facility change, in-
cluding both costs and savings in the first fiscal 
year following the change, and changes in oper-
ations and maintenance costs and savings over 
a ten-year period; and 
(E) the Administrator has prepared an 
analysis of the effects of the facility change on 
operations and research of the Administration, 
and the potential impacts on cooperative insti-
tutes, other external Administration partner-
ships, partnerships with other Federal agencies, 
and any State and local partnerships. 
(3) NOTICE TO CONGRESS.—(A) The Adminis-
trator shall provide to Congress, at least 90 days be-
fore any closure, consolidation, relocation, subdivi-
sion, or establishment of a facility of the Adminis-
tration with an annual budget of $5,000,000 or 
greater, or any National Weather Service field office, 
a summary of the public comments received pursu-
ant to paragraph (2)(A), any written findings pre-
pared under paragraph (2)(B), any report prepared 
under paragraph (2)(C), and the analyses prepared 
under paragraph (2)(D) and (E).
(B) The Administrator shall provide to Con-
gress, at least 90 days before any closure, consolida-
tion, relocation, subdivision, or establishment of a 
facility of the Administration not described in sub-
paragraph (A), written notification of the planned 
closure, consolidation, relocation, subdivision, or es-
tablishment. 
(b) WEATHER SERVICE MODERNIZATION.—Nothing 
in this Act shall be construed to alter the Weather Service 
Modernization Act (15 U.S.C. 313 note). 
(c) DEFINITION.—For purposes of this section—
(1) the term ‘‘facility’’ means a laboratory, op-
erations office, administrative service center, or 
other establishment of the Administration; and 
(2) the term ‘‘field office’’ has the same mean-
ing given that term in section 702 of the Weather 
Service Modernization Act. 
SEC. 15. BUDGET REPROGRAMMING. 
Whenever the Administrator transmits a budget re-
programming request to the Appropriations Committees 
of the House of Representatives and the Senate, the Ad-
ministrator shall simultaneously submit a copy of the re-
quest to the Committee on Science and the Committee on 
Resources of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate. 
SEC. 16. BASELINES AND COST CONTROLS. 
(a) CONDITIONS FOR DEVELOPMENT.—
(1) IN
GENERAL.—The Administration shall 
not enter into a contract for the development of a 
major program unless the Administrator determines 
that—
(A) the technical, cost, and schedule risks 
of the program are clearly identified and the 
program has developed a plan to manage those 
risks; 
(B) the technologies required for the pro-
gram have been demonstrated in a relevant lab-
oratory or test environment; and 
(C) the program complies with all relevant 
policies, regulations, and directives of the Ad-
ministration. 
(2) REPORT.—The Administrator shall trans-
mit a report describing the basis for the determina-
tion required under paragraph (1) to the Committee 
on Science of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate at least 30 days before entering
into a contract for development under a major pro-
gram. 
(3) NONDELEGATION.—The Administrator may 
not delegate the determination requirement under 
this subsection, except in cases in which the Admin-
istrator has a conflict of interest. 
(b) MAJOR PROGRAM ANNUAL REPORTS.—
(1) REQUIREMENT.—Annually, at the same 
time as the President’s annual budget submission to 
the Congress, the Administrator shall transmit to 
the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report 
that includes the information required by this sec-
tion for each major program for which the Adminis-
tration proposes to expend funds in the subsequent 
fiscal year. Reports under this paragraph shall be 
known as Major Program Annual Reports. 
(2) BASELINE REPORT.—The first Major Pro-
gram Annual Report for each major program shall 
include a Baseline Report that shall, at a minimum, 
include—
(A) the purposes of the program and key 
technical characteristics necessary to fulfill 
those purposes;
(B) an estimate of the life-cycle cost for 
the program, with a detailed breakout of the 
development cost, program reserves, and an es-
timate of the annual costs until development is 
completed; 
(C) the schedule for development, including 
key program milestones; 
(D) the plan for mitigating technical, cost, 
and schedule risks identified in accordance with 
subsection (a)(1)(A); and 
(E) the name of the person responsible for 
making notifications under subsection (c), who 
shall be an individual whose primary responsi-
bility is overseeing the program. 
(3) INFORMATION UPDATES.—For major pro-
grams for which a Baseline Report has been sub-
mitted, each subsequent Major Program Annual Re-
port shall describe any changes to the information 
that had been provided in the Baseline Report, and 
the reasons for those changes. 
(c) NOTIFICATION.—
(1) REQUIREMENT.—The individual identified 
under subsection (b)(2)(E) shall immediately notify 
the Administrator any time that individual has rea-
sonable cause to believe that, for the major program 
for which he or she is responsible—
(A) the development cost of the program is 
likely to exceed the estimate provided in the 
Baseline Report of the program by 15 percent 
or more; or 
(B) a milestone of the program is likely to 
be delayed by 6 months or more from the date 
provided for it in the Baseline Report of the 
program. 
(2) REASONS.—Not later than 30 days after 
the notification required under paragraph (1), the 
individual identified under subsection (b)(2)(E) shall 
transmit to the Administrator a written notification 
explaining the reasons for the change in the cost or 
milestone of the program for which notification was 
provided under paragraph (1). 
(3) NOTIFICATION
OF
CONGRESS.—Not later 
than 15 days after the Administrator receives a writ-
ten notification under paragraph (2), the Adminis-
trator shall transmit the notification to the Com-
mittee on Science of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate.
(d) FIFTEEN PERCENT THRESHOLD.—Not later 
than 30 days after receiving a written notification under 
subsection (c)(2), the Administrator shall determine 
whether the development cost of the program is likely to 
exceed the estimate provided in the Baseline Report of the 
program by 15 percent or more, or whether a milestone 
is likely to be delayed by 6 months or more. If the deter-
mination is affirmative, the Administrator shall—
(1) transmit to the Committee on Science of the 
House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate, not later than 15 days after making the deter-
mination, a report that includes—
(A) a description of the increase in cost or 
delay in schedule and a detailed explanation for 
the increase or delay; 
(B) a description of actions taken or pro-
posed to be taken in response to the cost in-
crease or delay; and 
(C) a description of any impacts the cost 
increase or schedule delay, or the actions de-
scribed under subparagraph (B), will have on 
any other program within the Administration; 
and
(2) if the Administrator intends to continue 
with the program, promptly initiate an analysis of 
the program, which shall include, at a minimum—
(A) the projected cost and schedule for 
completing the program if current requirements 
of the program are not modified; 
(B) the projected cost and the schedule for 
completing the program after instituting the ac-
tions described under paragraph (1)(B); and 
(C) a description of, and the projected cost 
and schedule for, a broad range of alternatives 
to the program. 
The Administration shall complete an analysis initiated 
under paragraph (2) not later than 6 months after the 
Administrator makes a determination under this sub-
section. The Administrator shall transmit the analysis to 
the Committee on Science of the House of Representatives 
and Committee on Commerce, Science, and Transpor-
tation of the Senate not later than 30 days after its com-
pletion. 
(e) THIRTY PERCENT THRESHOLD.—If the Adminis-
trator determines under subsection (d) that the develop-
ment cost of a program will exceed the estimate provided 
in the Baseline Report of the program by more than 30 
percent, then, beginning 18 months after the date the Ad-
ministrator transmits a report under subsection (d)(1), 
the Administrator shall not expend any additional funds 
on the program, other than termination costs, unless the 
Congress has subsequently authorized continuation of the 
program by law. An appropriation for the specific program 
enacted subsequent to a report being transmitted shall be 
considered an authorization for purposes of this sub-
section. If the program is continued, the Administrator 
shall submit a new Baseline Report for the program no 
later than 90 days after the date of enactment of the Act 
under which Congress has authorized continuation of the 
program. 
(f) DEFINITIONS.—For the purposes of this section—
(1) the term ‘‘development’’ means the phase of 
a program following the formulation phase and be-
ginning with the approval to proceed to implementa-
tion. 
(2) the term ‘‘development cost’’ means the 
total of all costs, including construction of facilities 
and civil servant costs, from the period beginning 
with the approval to proceed to implementation 
through the achievement of operational readiness, 
without regard to funding source or management 
control, for the life of the program;
(3) the term ‘‘life-cycle cost’’ means the total of 
the direct, indirect, recurring, and nonrecurring 
costs, including the construction of facilities and civil 
servant costs, and other related expenses incurred or 
estimated to be incurred in the design, development, 
verification, production, operation, maintenance, 
support, and retirement of a program over its 
planned lifespan, without regard to funding source 
or management control; and 
(4) the term ‘‘major program’’ means an activ-
ity approved to proceed to implementation that has 
an 
estimated 
life-cycle 
cost 
of 
more 
than 
$250,000,000. 
SEC. 17. LIMITATIONS ON OFF-SHORE PERFORMANCE OF 
CONTRACTS FOR THE PROCUREMENT OF 
GOODS AND SERVICES. 
(a) CONVERSIONS TO CONTRACTOR PERFORMANCE 
OF ADMINISTRATION ACTIVITIES.—Except as provided in 
subsection (c), an activity or function of the Administra-
tion that is converted to contractor performance under Of-
fice of Management and Budget Circular A-76 may not 
be performed by the contractor or any subcontractor at 
a location outside the United States. 
(b) CONTRACTS FOR THE PROCUREMENT OF SERV-
ICES.—(1) Except as provided in subsection (c), a contract
for the procurement of goods or services that is entered 
into by the Administrator may not be performed outside 
the United States unless it is to meet a requirement of 
the Administration for goods or services specifically at a 
location outside the United States. 
(2) The President may waive the prohibition in para-
graph (1) in the case of any contract for which the Presi-
dent determines in writing that it is necessary in the na-
tional security interests of the United States for goods or 
services under the contract to be performed outside the 
United States. 
(3) The Administrator may waive the prohibition in 
paragraph (1) in the case of any contract for which the 
Administrator determines in writing that essential goods 
or services under the contract are only available from a 
source outside the United States. 
(c) EXCEPTION.—Subsections (a) and (b)(1) shall 
not apply to the extent that the activity or function under 
the contract was previously performed by Federal Govern-
ment employees outside the United States. 
(d) CONSISTENCY WITH INTERNATIONAL AGREE-
MENTS.—The provisions of this section shall not apply to 
the extent that they are inconsistent with obligations of 
the United States under international agreements.
SEC. 18. RECORDKEEPING AND REPORTING REQUIRE-
MENT. 
The Administrator shall transmit to Congress, not 
later than 120 days after the end of each fiscal year begin-
ning with the first fiscal year after the date of enactment 
of this Act, a report on the contracts and subcontracts 
performed overseas and the amount of purchases directly 
or indirectly by the Administration from foreign entities 
in that fiscal year. The report shall separately indicate—
(1) the contracts and subcontracts and their 
dollar values for which the Administrator determines 
that essential goods or services under the contract 
are available only from a source outside the United 
States; and 
(2) the items and their dollar values for which 
the Buy American Act was waived pursuant to obli-
gations of the United States under international 
agreements. 
Passed the House of Representatives September 20, 
2006. 
Attest:
Clerk.