National Oceanic and Atmospheric Administration Act - Reestablishes in the Department of Commerce the National Oceanic and Atmospheric Administration (NOAA), headed by an Under Secretary of Commerce for Oceans and Atmosphere, who shall serve as the Administrator of NOAA.
Maintains within NOAA: (1) the National Weather Service; (2) programs to support efforts, on a continuing basis, to collect data and provide information and products regarding satellites, observations, and coastal, ocean, and Great Lakes information; and (3) programs to conduct and support research and education and the development of technologies relating to weather, climate, and the coasts, oceans, and Great Lakes.
Establishes a Science Advisory Board within NOAA.
Terminates the Reorganization Plan No. 4 of 1970 (the executive order that established NOAA).
Requires the Administrator to develop and submit to Congress a NOAA reorganization plan.
Prohibits the Administrator from closing, consolidating, relocating, subdividing, or establishing a facility of NOAA unless there has been specified prior public and congressional notification, and an assessment, of any proposed changes.
Prohibits, except as provided, a NOAA activity or function that is converted to contractor performance under Office of Management and Budget Circular A-76 from being performed by the contractor or any subcontractor at a location outside of the United States.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 300 Introduced in House (IH)]
<DOC>
111th CONGRESS
1st Session
H. R. 300
To provide for the National Oceanic and Atmospheric Administration, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 8, 2009
Mr. Ehlers introduced the following bill; which was referred to the
Committee on Science and Technology, and in addition to the Committee
on Natural Resources, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the National Oceanic and Atmospheric Administration, and
for other purposes.
Be it enacted by the Senate and House of Representatives 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 National Oceanic
and Atmospheric Administration.
(2) The term ``Administrator'' means the Administrator of
the National Oceanic and Atmospheric Administration.
(3) The term ``Secretary'' means the Secretary of Commerce.
SEC. 3. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(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 atmosphere 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 Administration shall include--
(1) collecting, through observation and other means,
communicating, analyzing, processing, and disseminating
comprehensive scientific data and information about 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 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 estuaries, 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 applied research,
development, and technology transfer as may be necessary to
carry out the mission described 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 climate and
related systems, and undertaking research and development to
enhance society's ability to plan for and respond to climate
variability and change;
(8) protecting, restoring, and managing the use of, the
coasts, oceans, and Great Lakes through ecosystem-based
research, development, demonstration, and management;
(9) administering public outreach and education programs
and services to increase scientific and environmental 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 cooperation with the
Secretary of State, representation at all international
meetings and conferences relating to the mission of the
Administration, including meteorological, climate, and Earth
and ocean observing issues;
(11) any other function assigned to the Administration 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 Administrator of
the Administration, an Under Secretary of Commerce for Oceans
and Atmosphere. The Administrator shall be appointed by the
President, by and with the advice and consent of the Senate.
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 execution;
(D) serving as the Department of Commerce 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 Administrator may, except
as otherwise prohibited by law--
(A) delegate any functions, powers, or duties of
the Administrator to such officers and employees of the
Administration as the Administrator 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 functions 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 governments,
Indian tribes, international organizations,
foreign governments, educational institutions,
nonprofit organizations, and commercial
organizations;
(iii) use, with their consent, and with or
without reimbursement, the services, equipment,
personnel, and facilities of other departments,
agencies, and instrumentalities of the Federal
Government; and
(iv) conduct education and outreach in
direct support of the mission described in
section 3(b).
(B) Exception.--The authorities conferred 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 Atmosphere.--
(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
Administrator'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 Administrator during the absence or
disability of the Administrator or in the event of a vacancy in
the office 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 Atmosphere. The Deputy Under Secretary
shall be appointed 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 Secretary--
(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 management, including
budget, financial operations, information services,
facilities, human resources, procurements, and
associated services;
(C) in the absence or disability of the Assistant
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 Administration a
Deputy Assistant Secretary for Science and Education who shall
coordinate and oversee the science and education activities of
the Administration and their application to Administration
decisions and operations. The Deputy Assistant Secretary for
Science and Education shall be appointed by the Secretary. The
position of Deputy Assistant Secretary for Science and
Education shall be a Senior Executive Service career reserved
position as defined in section 3132(a)(8) of title 5, United
States Code.
(2) Functions.--The Deputy Assistant Secretary 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 development is
adequate, properly focused, and carried out by the
appropriate entities across the Administration;
(C) advise the Administrator on how research
results can be applied to operational use;
(D) advise the Administrator regarding science
issues and their relationship to Administration
policies, procedures, and decisions;
(E) participate in developing the Administration's
strategic plans and policies and review the science and
education aspects of those plans and policies;
(F) serve as liaison to the nongovernmental science
community;
(G) develop and oversee guidelines for peer review
of research sponsored or conducted by the
Administration;
(H) oversee implementation of the strategic plan
for research and development required under section
9(b);
(I) oversee management of laboratories in the
Administration;
(J) oversee the research and education programs of
the Administration; and
(K) perform such other duties as the Administrator
shall prescribe.
(3) Qualifications.--An individual appointed under
paragraph (1) shall be a person who has an outstanding science
and education background, including research accomplishments,
scientific reputation, and public policy experience.
(4) Consultation.--Before appointing an individual 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 designated by the Administrator. The Deputy
Assistant Secretaries 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 Administration 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 provided 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 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 ensure that the
National Weather Service--
(1) provides timely and accurate weather, water, climate,
tsunami, and space weather forecasts; 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 forecast
offices;
(2) maintaining a network of observation systems to collect
weather and climate data;
(3) operating national centers to deliver guidance,
forecasts, warnings, and analysis about weather, water,
climate, tsunami, and space weather phenomena 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 coastal, ocean and Great Lakes information.
(b) Functions.--To accomplish the mission described in section
3(b), and in addition to the functions described in section 3(c), the
operations and service aspects 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 public;
(4) developing, acquiring, and managing operational
environmental satellite programs and associated ground control
and data acquisition and delivery facilities to support the
mission of the Administration;
(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 environmental
data, products, and information via data processing, storage,
reanalysis, reprocessing, and archive facilities;
(7) issuing licenses for private remote sensing space
systems under the Land Remote Sensing Policy Act of 1992;
(8) administering a national water level observation
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 functions 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 support research and education
and the development of technologies relating to weather, climate, and
the coasts, oceans, and Great Lakes.
(b) Functions.--To accomplish the mission described in section
3(b), and in addition to the functions described in section 3(c), the
research and education aspects of the Administration shall include--
(1) conducting and supporting research and development to
improve the Administration's capabilities 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 management
capabilities through ecosystem-based research and development;
(3) contributing information on the Earth's climate and
related systems, obtained through research and observation,
that addresses questions confronting 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 considerations of
national environmental issues through education and public
outreach activities;
(6) administering the National Sea Grant College Program
Act;
(7) conducting and supporting research and development of
technology for exploration of the oceans;
(8) maintaining a system of laboratories to perform the
functions described in this subsection;
(9) supporting extramural peer-reviewed competitive grant
programs to assist the Administration in performing the
functions described in this subsection; and
(10) such other research, development, education, and
outreach functions to serve the mission of the Administration
as the Administrator may prescribe.
SEC. 8. SCIENCE ADVISORY BOARD.
(a) In General.--There shall be within the Administration a Science
Advisory Board, which shall provide such scientific advice as may be
requested by the Administrator, the Committee on Commerce, Science, and
Transportation of the Senate, or the Committee on Science and
Technology or on Natural 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, education, and the application of science to
resource management 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 experience to evaluate scientific and technical
information on matters referred to the Board under this
section.
(2) Terms of service.--Members shall be appointed for 3-
year terms, renewable once, and shall serve at the discretion
of the Administrator. An individual 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 appointments 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 Government 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 appropriate requesting party.
(2) Administrative support.--The Administrator 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 Chairperson.
(4) Compensation and expenses.--A member of the Science
Advisory Board shall not be compensated for service on such
board, but may be allowed 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 following:
(A) Enter into an arrangement with the National
Academy of Sciences to review the environmental data
and information systems of the Administration and to
provide recommendations to address any inadequacies
identified by the review. The review shall assess the
adequacy of the environmental data and information
systems of the Administration to--
(i) provide adequate capacity to manage,
archive and disseminate environmental
information collected and processed, or
expected to be collected and processed, by the
Administration, including data gathered 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 accepted
formats and standards for data collected by
various national and international sources;
(v) integrate and interpret data from
different sources to produce information that
can be used by decisionmakers in developing
policies that effectively respond to national
and global environmental concerns; 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 systems of the
Administration, to--
(i) respond to each of the recommendations
in the review conducted under subparagraph (A);
(ii) set forth modernization and
improvement objectives for an integrated
national environmental data access and archive
system for the 10-year period beginning with
the year in which the plan is transmitted,
including facility requirements and critical
new technology components that would be
necessary to meet the objectives set forth;
(iii) propose specific Administration
programs and activities for implementing the
plan;
(iv) identify the data and information
management, reanalysis, reprocessing, archival,
and distribution responsibilities of the
Administration with respect to other Federal
departments and agencies and international
organizations; and
(v) provide an implementation schedule 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 Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science and
Technology of the House of Representatives the initial review
and strategic plan developed under paragraph (1). Subsequent
reviews and strategic plans developed under paragraph (1) shall
also be transmitted to those committees upon completion.
(b) Strategic Plan for Research and Development.--
(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 technology
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 responsibility to meet
each need identified under subparagraph (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, competitive
grant programs; and
(iii) work done in cooperation with other
Federal agencies.
(2) National academy of sciences review.--The Administrator
shall enter into an arrangement 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 Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science and
Technology of the House of Representatives the initial
strategic plan developed under paragraph (1) and the review
prepared pursuant to paragraph (2). Subsequent strategic 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 processes for making decisions
about the roles of the Administration, the private sector, and the
academic community in providing environmental information, products,
technologies, and services. The first such submission shall be
completed not less than 3 years after the date of enactment 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 further force and
effect.
SEC. 12. SAVINGS PROVISION.
All rules and regulations, determinations, standards, contracts,
including collective bargaining agreements, certifications,
authorizations, appointments, delegations, results 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
Secretary, the Department of Commerce, the Under Secretary of Commerce
for Oceans and Atmosphere, the Administrator, 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 effective date of this Act until modified or rescinded. All suits,
appeals, judgments, and proceedings pending on such effective date
relating to responsibilities or functions transferred 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, function, 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 discuss scientific research
performed by that employee. Nothing in this Act shall be construed to
alter the responsibilities 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 Administration 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 diminish any authority the Administrator has
immediately before 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, executive 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 Administrator 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 comments 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 practicable, shall--
(1) consistent with section 5 and the other provisions 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 overlapping efforts
among offices.
(c) Consultation.--In developing the plan, the Administrator shall
consult with interested parties, including the States, academia,
industry, conservation organizations, and Administration employees.
SEC. 14. FACILITY EVALUATION PROCESS.
(a) Public Notification and Assessment Process.--
(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 establish a facility of
the Administration with an annual 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 description 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 proposed change and provided to
the Administrator written findings regarding the
proposed change;
(C) if the proposed change involves a National
Weather Service field office, the Administrator has
prepared a report including--
(i) a description of local weather
characteristics and weather-related concerns
which affect the weather services provided
within the service area;
(ii) a detailed comparison of the services
provided within the service area and the
services to be provided after the proposed
change;
(iii) a description of any recent or
expected modernization of National Weather
Service operations which will enhance services
in the service area;
(iv) an identification of any area within
any State which would not receive coverage (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 reaching
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 associated with the
proposed facility change, including both costs and
savings in the first fiscal year following the change,
and changes in operations 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 institutes, other external
Administration partnerships, partnerships with other
Federal agencies, and any State and local partnerships.
(3) Notice to congress.--(A) The Administrator shall
provide to Congress, at least 90 days before any closure,
consolidation, relocation, subdivision, or establishment of a
facility of the Administration with an annual budget of
$5,000,000 or greater, or any National Weather Service field
office, a summary of the public comments received pursuant to
paragraph (2)(A), any written findings prepared 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 Congress, at least
90 days before any closure, consolidation, relocation,
subdivision, or establishment of a facility of the
Administration not described in subparagraph (A), written
notification of the planned closure, consolidation, relocation,
subdivision, or establishment.
(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, operations
office, administrative service center, or other establishment
of the Administration; and
(2) the term ``field office'' has the same meaning given
that term in section 702 of the Weather Service Modernization
Act.
SEC. 15. BUDGET REPROGRAMMING.
Whenever the Administrator transmits a budget reprogramming request
to the Appropriations Committees of the House of Representatives and
the Senate, the Administrator shall simultaneously submit a copy of the
request to the Committee on Science and Technology and the Committee on
Natural Resources of the House of Representatives and the Committee 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 program have
been demonstrated in a relevant laboratory or test
environment; and
(C) the program complies with all relevant
policies, regulations, and directives of the
Administration.
(2) Report.--The Administrator shall transmit a report
describing the basis for the determination required under
paragraph (1) to the Committee on Science and Technology of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate at least 30 days
before entering into a contract for development under a major
program.
(3) Nondelegation.--The Administrator may not delegate the
determination requirement under this subsection, except in
cases in which the Administrator 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 and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
that includes the information required by this section for each
major program for which the Administration 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 Program 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 estimate 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 responsibility is overseeing
the program.
(3) Information updates.--For major programs for which a
Baseline Report has been submitted, each subsequent Major
Program Annual Report 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 reasonable 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 written notification under
paragraph (2), the Administrator shall transmit the
notification to the Committee on Science and Technology 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 determination is
affirmative, the Administrator shall--
(1) transmit to the Committee on Science and Technology of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate, not later than 15
days after making the determination, 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 proposed to
be taken in response to the cost increase or delay; and
(C) a description of any impacts the cost increase
or schedule delay, or the actions described 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 actions
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 subsection. The Administrator shall transmit
the analysis to the Committee on Science and Technology of the House of
Representatives and Committee on Commerce, Science, and Transportation
of the Senate not later than 30 days after its completion.
(e) Thirty Percent Threshold.--If the Administrator determines
under subsection (d) that the development 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
Administrator 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 subsection. 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 beginning with the approval
to proceed to implementation.
(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 activity 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 Administration that is converted to contractor
performance under Office 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 Services.--(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 paragraph (1) in the
case of any contract for which the President determines in writing that
it is necessary in the national 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 Government employees outside the United States.
(d) Consistency With International Agreements.--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 REQUIREMENT.
The Administrator shall transmit to Congress, not later than 120
days after the end of each fiscal year beginning 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 obligations of the United
States under international agreements.
<all>
Introduced in House
Introduced in House
Referred to House Science and Technology
Referred to the Committee on Science and Technology, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Natural Resources
Referred to the Subcommittee on Energy and Environment.
Referred to the Subcommittee on Insular Affairs, Oceans and Wildlife.
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