I 
109TH CONGRESS 
2D SESSION 
H. R. 5450 
To provide for the National Oceanic and Atmospheric Administration, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2006 
Mr. EHLERS (for himself, Mr. BOEHLERT, and Mr. GILCHREST) introduced 
the following bill; which was referred to the Committee on Science, and 
in addition to the Committee on Resources, for a period to be subse-
quently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Oceanic and 
Atmospheric Administration Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) The term ‘‘Administration’’ means the Na-
tional Oceanic and Atmospheric Administration. 
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(2) The term ‘‘Administrator’’ means the Ad-
ministrator of the National Oceanic and Atmos-
pheric Administration. 
(3) The term ‘‘Secretary’’ means the Secretary 
of Commerce. 
SEC. 3. NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS-
TRATION. 
(a) IN GENERAL.—There shall be in the Department 
of Commerce an agency known as the National Oceanic 
and Atmospheric Administration. 
(b) MISSION.—The mission of the Administration is 
to understand the systems of the Earth’s oceans and at-
mosphere and predict changes in the Earth’s oceans and 
atmosphere and the effects of such changes on the land 
environment, to conserve and manage coastal, ocean, and 
Great Lakes ecosystems to meet national economic, social, 
and environmental needs, and to educate the public about 
these topics. 
(c) FUNCTIONS.—The functions of the Administra-
tion shall include— 
(1) collecting, through observation and other 
means, communicating, analyzing, processing, and 
disseminating comprehensive scientific data and in-
formation about weather and climate, solar and geo-
physical events on the Sun and in the space environ-
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ment, and about the coasts, oceans, Great Lakes, 
upper reaches of estuaries, and hydrologic systems; 
(2) operating and maintaining a system for the 
storage, retrieval, and dissemination of data relating 
to weather and climate, solar and geophysical events 
on the Sun and in the space environment, and about 
the coasts, oceans, Great Lakes, upper reaches of es-
tuaries, and hydrologic systems; 
(3) using observational data and technologies 
developed by other Federal agencies to improve the 
Administration’s operations; 
(4) conducting and supporting basic and ap-
plied research, development, and technology transfer 
as may be necessary to carry out the mission de-
scribed in subsection (b); 
(5) issuing weather, water, climate, space 
weather, tsunami, and other forecasts and warnings 
related to Earth’s oceans and atmosphere; 
(6) coordinating efforts of Federal agencies 
with respect to meteorological services; 
(7) understanding the science of Earth’s cli-
mate and related systems, and undertaking research 
and development to enhance society’s ability to plan 
for and respond to climate variability and change; 
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(8) protecting, restoring, and managing the use 
of, the coasts, oceans, and Great Lakes through eco-
system-based research, development, demonstration, 
and management; 
(9) administering public outreach and education 
programs and services to increase scientific and en-
vironmental literacy about weather and climate, 
solar and geophysical events on the Sun and in the 
space environment, and the coasts, oceans, Great 
Lakes, upper reaches of estuaries, and hydrologic 
systems; 
(10) providing, as appropriate and in coopera-
tion with the Secretary of State, representation at 
all international meetings and conferences relating 
to the mission of the Administration, including mete-
orological, climate, and Earth and ocean observing 
issues; 
(11) any other function assigned to the Admin-
istration by law; and 
(12) such other functions as are necessary to 
accomplish the mission described in subsection (b). 
SEC. 4. ADMINISTRATION LEADERSHIP. 
(a) ADMINISTRATOR.— 
(1) IN GENERAL.—There shall be, as the Ad-
ministrator of the Administration, an Under Sec-
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retary of Commerce for Oceans and Atmosphere. 
The Administrator shall be appointed by the Presi-
dent, by and with the advice and consent of the Sen-
ate. The Administrator shall be paid at the rate of 
basic pay for level III of the Executive Schedule. 
(2) FUNCTIONS.—The Administrator shall be 
responsible for— 
(A) general management; 
(B) policy development and guidance; 
(C) budget formulation, guidance, and exe-
cution; 
(D) serving as the Department of Com-
merce official for all ocean and atmosphere 
issues with other elements of the Department of 
Commerce and with other Federal agencies, 
State, tribal, and local governments, and the 
public; and 
(E) such other duties with respect to the 
Administration as the Secretary may prescribe. 
(3) DELEGATION OF AUTHORITY.—The Admin-
istrator may, except as otherwise prohibited by 
law— 
(A) delegate any functions, powers, or du-
ties of the Administrator to such officers and 
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employees of the Administration as the Admin-
istrator may designate; and 
(B) authorize such successive redelegations 
of such functions, powers, or duties within the 
Administration as the Administrator considers 
necessary or appropriate. 
(4) AUTHORITIES.— 
(A) IN GENERAL.—As may be necessary or 
proper to carry out the Administration’s func-
tions under this Act or as otherwise provided by 
law, the Administrator may— 
(i) promulgate rules and regulations; 
(ii) enter into and perform contracts, 
leases, grants, and cooperative agreements 
with Federal agencies, State and local gov-
ernments, Indian tribes, international or-
ganizations, foreign governments, edu-
cational institutions, nonprofit organiza-
tions, and commercial organizations; 
(iii) use, with their consent, and with 
or without reimbursement, the services, 
equipment, personnel, and facilities of 
other departments, agencies, and instru-
mentalities of the Federal Government; 
and 
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(iv) conduct education and outreach 
in direct support of the mission described 
in section 3(b). 
(B) EXCEPTION.—The authorities con-
ferred on the Administrator by this paragraph 
do not include the authority to contract for 
services that are an inherently governmental 
function as defined in section 5 of the Federal 
Activities Inventory Reform Act of 1998 (31 
U.S.C. 501 note). 
(b) ASSISTANT SECRETARY FOR OCEANS AND AT-
MOSPHERE.— 
(1) IN GENERAL.—There shall be, as Deputy 
Administrator of the Administration, an Assistant 
Secretary of Commerce for Oceans and Atmosphere. 
The Assistant Secretary shall be appointed by the 
President, by and with the advice and consent of the 
Senate. The Assistant Secretary shall be the Admin-
istrator’s first assistant for purposes of subchapter 
III of chapter 33 of title 5, United States Code. The 
Assistant Secretary shall be paid at the rate of basic 
pay for level IV of the Executive Schedule. 
(2) FUNCTIONS.—The Assistant Secretary shall 
perform such functions and exercise such powers as 
the Administrator may prescribe and shall act as 
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Administrator during the absence or disability of the 
Administrator or in the event of a vacancy in the of-
fice of Administrator. 
(c) DEPUTY UNDER SECRETARY FOR OCEANS AND 
ATMOSPHERE.— 
(1) IN GENERAL.—There shall, be as the Chief 
Operating Officer of the Administration, a Deputy 
Under Secretary of Commerce for Oceans and At-
mosphere. The Deputy Under Secretary shall be ap-
pointed by the Secretary. The position of Deputy 
Under Secretary shall be a Senior Executive Service 
position authorized under section 3133 of title 5, 
United States Code. 
(2) FUNCTIONS.—The Deputy Under Sec-
retary— 
(A) shall ensure the timely and effective 
implementation of Administration policies and 
objectives; 
(B) shall be responsible for all aspects of 
the Administration’s operations and manage-
ment, including budget, financial operations, in-
formation services, facilities, human resources, 
procurements, and associated services; 
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(C) in the absence or disability of the As-
sistant Secretary, or in the event of a vacancy 
in such position, shall act in that position; and 
(D) shall perform such other duties as the 
Administrator shall prescribe. 
(d) DEPUTY ASSISTANT SECRETARY FOR SCIENCE 
AND EDUCATION.— 
(1) IN GENERAL.—There shall be in the Admin-
istration a Deputy Assistant Secretary for Science 
and Education who shall coordinate and oversee the 
science and education activities of the Administra-
tion and their application to Administration deci-
sions and operations. The Deputy Assistant Sec-
retary for Science and Education shall be appointed 
by the Secretary. The position of Deputy Assistant 
Secretary for Science and Education shall be a Sen-
ior Executive Service career reserved position as de-
fined in section 3132(a)(8) of title 5, United States 
Code. 
(2) FUNCTIONS.—The Deputy Assistant Sec-
retary for Science and Education shall— 
(A) coordinate research and development 
activities across the Administration; 
(B) review the Administration’s annual 
budget to ensure that funding for research and 
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development is adequate, properly focused, and 
carried out by the appropriate entities across 
the Administration; 
(C) advise the Administrator on how re-
search results can be applied to operational use; 
(D) advise the Administrator regarding 
science issues and their relationship to Adminis-
tration policies, procedures, and decisions; 
(E) participate in developing the Adminis-
tration’s strategic plans and policies and review 
the science and education aspects of those plans 
and policies; 
(F) serve as liaison to the nongovern-
mental science community; 
(G) develop and oversee guidelines for peer 
review of research sponsored or conducted by 
the Administration; 
(H) oversee implementation of the stra-
tegic plan for research and development re-
quired under section 9(b); 
(I) oversee management of laboratories in 
the Administration; 
(J) oversee the research and education 
programs of the Administration; and 
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(K) perform such other duties as the Ad-
ministrator shall prescribe. 
(3) QUALIFICATIONS.—An individual appointed 
under paragraph (1) shall be a person who has an 
outstanding science and education background, in-
cluding research accomplishments, scientific reputa-
tion, and public policy experience. 
(4) CONSULTATION.—Before appointing an in-
dividual under paragraph (1), the Secretary shall 
consult with the National Academy of Sciences, the 
Science Advisory Board of the Administration, and 
other appropriate scientific organizations. 
(e) DEPUTY ASSISTANT SECRETARIES.—There may 
be in the Administration no more than two additional 
Deputy Assistant Secretaries whose duties may be des-
ignated by the Administrator. The Deputy Assistant Sec-
retaries shall be appointed by the Secretary. The positions 
of Deputy Assistant Secretaries shall be Senior Executive 
Service positions authorized under section 3133 of title 5, 
United States Code. 
(f) GENERAL COUNSEL.— 
(1) IN GENERAL.—There shall be in the Admin-
istration a General Counsel. The General Counsel 
shall be appointed by the Secretary. The General 
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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. 
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 
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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-
er, water, climate, tsunami, and space weather phe-
nomena for the Administration and the public; 
(4) conducting and supporting applied research 
to facilitate the rapid incorporation of weather and 
climate science advances into operational tools; and 
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(5) 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; 
(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-
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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; 
(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. 
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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; 
(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; 
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(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 
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 
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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. 
(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-
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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.— 
(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. 
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(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. 
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 
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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 
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; 
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(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); 
(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; 
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(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-
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.— 
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(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 
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 
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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-
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 
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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 
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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 
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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— 
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(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. 
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(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; 
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(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 
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(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. 
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(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. SATELLITE NOTIFICATION. 
(a) IN GENERAL.—The Administrator shall notify 
the Congress— 
(1) prior to initiating the expenditure of any 
funds on a satellite for which the Administration 
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had not expended funds as of the date of enactment 
of this Act; 
(2) within 3 days whenever the Administrator 
has reasonable cause to believe that the development 
cost of a satellite is likely to exceed the most recent 
baseline estimate of development costs by more than 
15 percent; 
(3) within 3 days whenever the Administrator 
has reasonable cause to believe that the delivery of 
a satellite for launch is likely to be delayed by 6 
months or more; or 
(4) within 3 days whenever the Administrator 
intends to make a significant alteration to a sat-
ellite. 
(b) EVALUATION.—After providing a notification 
under subsection (a), the Administrator shall— 
(1) have the satellite, revised cost, revised 
schedule, or significant alteration that was the sub-
ject of the notice evaluated in accordance with sub-
section (c) by— 
(A) a panel of experts selected by the Ad-
ministrator that does not include any employees 
of the Administration; or 
(B) an independent entity; and 
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(2) within 120 days, transmit the evaluation to 
the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate, along 
with an explanation of how the Administration will 
provide the funds to cover the costs determined by 
the evaluation conducted under paragraph (1) and 
responses to any concerns raised by the evaluation. 
(c) CRITERIA.—An evaluation conducted pursuant to 
subsection (b)(1) shall review— 
(1) the cost and schedule of a satellite for 
which the Administration had not previously ex-
pended funds, along with the appropriateness of the 
intended mission for the satellite and its likelihood 
of success; 
(2) the revised cost or delivery schedule pro-
posed for a satellite or the additional cost imposed 
by a significant alteration; 
(3) the impact on launch schedule of a proposed 
significant alteration; 
(4) the impact a proposed significant alteration 
would have on the success of a satellite’s original 
mission; and 
(5) the likelihood that the intended purpose of 
the significant alteration would be accomplished. 
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(d) DEFINITIONS.—For the purposes of this section, 
the term— 
(1) ‘‘development cost’’ means all costs related 
to a satellite through the launch of a satellite; 
(2) ‘‘satellite’’ includes the spacecraft (but not 
the launch vehicle), instruments, and sensors; and 
(3) ‘‘significant alteration’’ means a change in 
the objectives or capabilities of a satellite, including 
the addition or removal of instruments or sensors. 
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 
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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. 
Æ 
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