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project established by the Department of Commerce pursu-
ant to 5 U.S.C. 4703 may be expanded to involve more than
5,000 individuals, and is extended indefinitely.
SEC. 109. (a) The Stevenson-Wydler Technology Inno-
vation Act of 1980 (Public Law 96–480), as amended, is
amended by:
(1) deleting section 5;
(2) deleting paragraphs (1) and (3) of section 4;
and
(3) redesignating paragraphs (2) and (4)
through (13) as paragraphs (1) through (11).
(b) Section 212(b) of the National Technical Informa-
tion Act of 1988 (Public Law 100–519), as amended, is
amended by striking ‘‘Under Secretary of Commerce for
Technology’’ and inserting ‘‘Director of the National Insti-
tute of Standards and Technology’’.
SEC. 110. The Secretary of Commerce is permitted to
prescribe and enforce standards or regulations affecting
safety and health in the context of scientific and occupa-
tional diving within the National Oceanic and Atmospheric
Administration.
SEC. 111. NOAA PACIFIC REGIONAL CENTER. (a) IN
GENERAL.—The National Oceanic and Atmospheric Ad-
ministration (NOAA) is authorized to engage in planning,
design, acquisition, renovation, construction and related ac-
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tivities to complete NOAA’s Pacific Regional Center on
Ford Island, Hawaii, consisting of the following: adaptive
re-use and renovation of hangars 175 and 176, and con-
struction of a new interconnecting building and other re-
lated structures. Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 2007 for
purposes of completing the Center.
(b) INCREMENTAL FUNDING.—Of the funds appro-
priated elsewhere in this Act, $20,250,000 are available for
obligation and expenditure as an additional increment to
funds previously appropriated for the NOAA Pacific Re-
gional Center. These funds may be expended incrementally
through multiple year contracts for design, construction
and related activities for the Center; and remain available
until expended.
SEC. 112. PAPAHA¯NAUMOKUA¯KEA FISHERY REDUC-
TION. (a) IN GENERAL.—The Papaha¯naumokua¯kea Marine
National Monument was created by Presidential proclama-
tion on June 15, 2006 to protect more than 7,000 marine
and terrestrial species including protection for the habitat
for the endangered Hawaiian monk seal, threatened Hawai-
ian green sea turtle and other marine species. The Presi-
dential proclamation will phase out all commercial fishing
by June 15, 2011. The Secretary of Commerce is authorized
to conduct a voluntary capacity reduction program to re-
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move all commercial fishing capacity in the area prior to
that date.
(b) REGULATIONS.—The Secretary shall promulgate
regulations for the voluntary capacity reduction program
that:
(1) identifies eligible participants as those indi-
viduals engaged in commercial fishing in the des-
ignated waters within the Papaha¯naumokua¯kea Ma-
rine National Monument pursuant to a valid com-
mercial Federal fishing permit in the 2006 fishing
season;
(2) provides a mechanism to compensate eligible
participants for no more than the economic value of
their permits, their vessels or vessel endorsements, and
fishing gear;
(3) ensures that commercial fishing vessels of eli-
gible participants cannot be used in fishing anywhere
in the world;
(4) for the commercial fishing vessels of eligible
participants, ensures
(A) that documentation be provided show-
ing that such vessel has been scrapped or scuttled
or,
(B) that the Secretary of the department in
which the Coast Guard is operating places a title
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restriction on the fishing vessel permanently pro-
hibiting and effectively preventing its use in
fishing, and
(C) that the vessel must remain in Federal
documentation and that the Maritime Adminis-
tration will prohibit the reflagging of the vessel.
(c) AUTHORIZATION.—There is authorized no more
than $7,500,000 and there is appropriated $7,500,000 of
the amount provided in this Act for National Oceanic and
Atmospheric Administration’s ‘‘Operations, research, and
facilities’’ to implement this program.
(d) CLARIFICATION.—Nothing in this section is in-
tended to enlarge or diminish Federal or State title, juris-
diction, or authority with respect to the waters of the North-
western Hawaiian Islands or the tidal or submerged lands
under any provision of State or Federal law.
SEC. 113. NIST BUILDING 1 EXTENSION. Of the funds
appropriated elsewhere in this Act, $28,000,000 are avail-
able for obligation and expenditure as an additional incre-
ment to funds previously appropriated for this project.
These funds may be expended incrementally through mul-
tiple year contracts for design, construction and related ac-
tivities for the Building 1 Extension; and remain available
until expended.
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SEC. 114. LIMITATIONS ON SATELLITE ACQUISITIONS
BY
THE
DEPARTMENT
OF
COMMERCE. (a) CERTIFI-
CATION.—
(1) REQUIREMENT FOR CERTIFICATION.—Prior
to the date that the certification described in para-
graph (2) is made, the Secretary may not—
(A) obligate funds provided by this Act or
by previous appropriations Acts to acquire sat-
ellites; or
(B) receive approval of—
(i) a major milestone; or
(ii) a key decision point.
(2) CONTENT
OF
CERTIFICATION.—The certifi-
cation described in this paragraph is a certification
made by the Secretary and the Director that—
(A) the technology utilized in the satellites
has been demonstrated in a relevant environ-
ment;
(B) the program has demonstrated a high
likelihood of accomplishing the its intended
goals; and
(C) the acquisition of satellites for use in
the program represents a good value—
(i) in consideration of the per unit cost
and the total acquisition cost of the pro-
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gram and in the context of the total re-
sources available for the fiscal year in
which the certification is made and the fu-
ture out-year budget projections for the De-
partment of Commerce; and
(ii) in consideration of the ability of
the Secretary to accomplish the goals of the
program using alternative systems.
(3) SUBMISSION TO CONGRESS.—Not later than
the 30 days after the date of the enactment of this Act,
the Secretary and the Director shall submit to the ap-
propriate congressional committees—
(A) the certification described in paragraph
(2); or
(B) a report on the reasons that such cer-
tification cannot be made.
(b) DEFINITIONS.—In this section:
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means—
(A) the Committee on Appropriations and
the Committee on Commerce, Science, and
Transportation of the Senate; and
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(B) the Committee on Appropriations and
the Committee on Science and Technology of the
House of Representatives.
(2) DIRECTOR.—The term ‘‘Director’’ means the
Director of the Office of Management and Budget.
(3) KEY DECISION POINT.—The term ‘‘key deci-
sion point’’ means the initiation of procurement for
a major system or subsystem of a program.
(4) MAJOR
MILESTONE
APPROVAL.—The term
‘‘major milestone approval’’ means a decision to enter
into development of a system for a program.
(5) PROGRAM.—The term ‘‘program’’ means the
programs of the National Oceanic and Atmospheric
Administration for which satellites will be acquired.
(6) SATELLITE.—The term ‘‘satellite’’ means the
satellites proposed to be acquired for the National
Oceanic and Atmospheric Administration, other than
the National Polar-orbiting Operational Environ-
mental Satellite System (NPOESS).
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Commerce.
(c) INDEPENDENT COST ESTIMATES.—
(1) REQUIREMENT.—The Secretary may not ap-
prove the development or acquisition of a program
unless an independent estimate of the full life-cycle
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cost of the program has been considered by the Sec-
retary.
(2) REGULATIONS.—The Secretary shall pre-
scribe regulations governing the content and submis-
sion of the estimate required by paragraph (1). The
regulations shall require that each such estimate—
(A) be prepared by an office or other entity
that is not under the supervision of the Under
Secretary of Oceans and Atmosphere; and
(B) include all costs of development, pro-
curement, construction, operations, maintenance,
and management of the program.
(d) REQUIREMENT FOR ANALYSIS IF UNIT COSTS EX-
CEED 15 PERCENT.—
(1) REQUIREMENT.—If the percentage increase
in the acquisition cost of a program in which the ac-
quisition unit cost or procurement unit cost exceeds
15 percent more than the baseline cost of the program,
the Secretary shall initiate an analysis of the pro-
gram. Such analysis of alternatives shall include, at
a minimum, the following:
(A) The projected cost to complete the pro-
gram if current requirements are not modified.
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(B) The projected cost to complete the pro-
gram based on potential modifications to the re-
quirements.
(C) The projected cost to complete the pro-
gram based on design modifications, enhance-
ments to the producibility of the program, and
other efficiencies.
(D) The projected cost and capabilities of
the program that could be delivered within the
originally authorized budget for the program, in-
cluding any increase or decrease in capability.
(E) The projected costs for an alternative
system or capability.
(2) SUBMISSION TO CONGRESS.—The analysis of
alternatives required under paragraph (1) with re-
spect to a program shall be—
(A) completed not later than 6 months after
the date of that the Secretary determines that the
cost of the program exceeds 15 percent more than
the baseline cost of the program; and
(B) submitted to the appropriate congres-
sional committees not later than 30 days after
the date the analysis is completed.
(3) CLARIFICATION OF COST ESCALATION.—For
the purposes of determining whether cost of the Geo-
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stationary Operational Environmental Satellite Pro-
gram exceeds 15 percent more than the baseline cost
under paragraph (1), the baseline cost of the such
Program is $6,960,000,000.
SEC. 115. INTANGIBLE ASSETS INVESTMENT STUDY.
(a) IN GENERAL.—Not later than 60 days after the date
of the enactment of this Act, the Director of the Bureau of
Economic Analysis of the Department of Commerce shall
enter into an agreement with the Council of the National
Academy of Sciences to conduct a study, which shall—
(1) recommend steps to improve the measurement
of intangible assets and their incorporation in the
National Income and Product Accounts;
(2) identify and estimate the size of the Federal
Government’s investment in intangible assets;
(3) survey other countries’ efforts to measure and
promote investments in intangible assets; and
(4) recommend policies to accelerate private and
public investment in the types of intangible assets
most likely to contribute to economic growth.
(b) COMPLETION.—The National Academy of Sciences
shall complete the study described in subsection (a) not later
than 18 months after the date on which the agreement de-
scribed in subsection (a) was signed.
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(c) FUNDING.—From the funds appropriated for eco-
nomic and statistical analysis under this title, the Sec-
retary of Commerce may set aside sufficient amounts to
complete the study described in subsection (a).
SEC. 116. UNITED STATES ECONOMIC DATA. (a) Of
the funds provided in this title for Economic and Informa-
tion Infrastructure under the heading ‘‘ECONOMIC AND STA-
TISTIC ANALYSIS’’, $950,000 may be used to carry out the
study and report required under this section.
(b) Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of Commerce shall enter into
a contract with the National Academy of Sciences to con-
duct a study and report on whether the import price data
published by the Bureau of Labor Statistics and other eco-
nomic data collected by the United States accurately reflect
the economic condition of the United States.
(c)(1) The report required by subsection (b) shall in-
clude an analysis of the methods used to determine the con-
dition of the United States economy and shall address—
(A) whether the statistical measure of the United
States economy correctly interprets the impact of im-
ports and outsourced production;
(B) whether the statistical measures of the
United States economy result in an accurate report of
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United States gross domestic product (GDP), produc-
tivity, and other aspects of economic performance;
(C) whether the impact of imports on United
States manufacturing levels and competitiveness is
accurately reported; and
(D) whether other countries are accounting for
import prices more accurately or frequently than the
United States.
(2) If the findings of the report indicate that the meth-
ods used for accounting for imported goods and United
States wages result in overstating economic growth, domes-
tic manufacturing output, and productivity growth, the re-
port shall include recommendations with respect to—
(A) what actions should be taken to produce
more accurate import price indices on a regular
basis; and
(B) what other measures of economic analysis
should be used to accurately reflect the globalization
of economic activity and offshoring of domestic pro-
duction.
(d) The report required by subsection (b) shall be com-
pleted and submitted to Congress not later than 18 months
after the date of the contract described in subsection (b).
SEC. 117. (a) IN GENERAL.—The Secretary of Com-
merce may—