,i #aahth ,,congress #ast ,session ,h4 ,r4 #cihj ,,in ,,the ,,house ,,of ,,representatives ,june #i1 #bjbc,mr4 ,lucas 7for himself1 ,mr4 ,weber of ,texas1 ,mr4 ,babin1 ,mr4 ,baird1 ,mr4 ,mike ,garcia of ,california1 ,mrs4 ,bice1 ,mr4 ,obernolte1 ,mr4 ,fleischmann1 ,mr4 ,issa1 ,mr4 ,crawford1 ,ms4 ,tenney1 ,mr4 ,miller of ,ohio1 ,mr4 ,williams of ,new ,york1 and ,mr4 ,kean of ,new ,jersey7 introduced the following bill2 which was referred to the ,committee on ,science1 ,space1 and ,technology1 and in addition to the ,committee on ,natural ,resources1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to formally establish within statute an independent scientific research and development agency known as the ,national ,oceanic and ,atmospheric ,administration1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,national ,oceanic and ,atmospheric ,administration ,act of #bjbc4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,purpose4,title ,i--,national ,oceanic and ,atmospheric ,administration,sec4 #aja4 ,establishment4,sec4 #ajb4 ,functions of the ,administrator4,sec4 #ajc4 ,authority of the ,administrator4,sec4 #ajd4 ,science advisory board4,title ,,ii--,general ,provisions,sec4 #bja4 ,recommendations to ,congress4,sec4 #bjb4 ,conforming repeals4,sec4 #bjc4 ,savings provision4,sec4 #bjd4 ,reorganization plan4,sec4 #bje4 ,national ,weather ,service4,sec4 #bjf4 ,office of ,space ,commerce4,sec4 #bjg4 ,study4,sec4 #bjh4 ,effective date4 #b4 ,purpose ,the purpose of this ,act is to establish the ,national ,oceanic and ,atmospheric ,administration as an independent scientific research and development agency with an overarching statutory framework that focuses on ,earth system science1 maintaining the ,administration's core mission and functions while allowing it to restructure and prioritize under an organic statute4 ,i ,national ,oceanic and ,atmospheric ,administration #aja4 ,establishment 7a7 ,establishment ,there is established in the executive branch an independent agency to be known as the ,national ,oceanic and ,atmospheric ,administration 7in this ,act referred to as the ,administration74 7b7 ,administrator 7#a7 ,in general ,the ,administration shall be headed by an ,administrator 7in this ,act referred to as the ,administrator71 who shall be appointed by the ,president with the advice and consent of the ,senate4 ,the ,administrator shall carry out the functions described in section #ajb and1 in the performance of those functions1 shall have the authorities described in section #ajc4 7#b7 ,authority ,any authority1 power1 or function vested by law in the ,national ,oceanic and ,atmospheric ,administration1 in the ,under ,secretary of ,commerce for ,oceans and ,atmosphere1 or in any officer1 employee1 or part of the ,national ,oceanic and ,atmospheric ,administration1 or vested by law in the ,secretary of ,commerce and delegated to the ,under ,secretary of ,commerce for ,oceans and ,atmosphere1 or their designee1 is vested in1 and may be exercised by1 the ,administrator or their designee1 as appropriate4 7#c7 ,references ,any reference in law or regulation to the ,under ,secretary of ,commerce for ,oceans and ,atmosphere shall be deemed to be a reference to the ,administrator4 7c7 ,positions ,there shall be in the ,administration the following3 7#a7 ,a ,deputy ,administrator1 to be appointed by the ,president with the advice and consent of the ,senate1 who shall carry out such duties as the ,administrator may prescribe4 7#b7 ,an ,associate ,administrator for ,environmental ,observation and ,prediction1 to be appointed by the ,president with the advice and consent of the ,senate4 7#c7 ,a ,chief ,scientist1 to be appointed by the ,administrator4 7#d7 ,a ,general ,counsel1 to be appointed in accordance with section #ecaf of title #e1 ,united ,states ,code4 #ajb4 ,functions of the ,administrator ,the ,administrator shall-- 7#a7 plan1 direct1 and conduct-- 7,a7 atmospheric1 oceanic1 hydrologic1 ,great ,lakes1 coastal1 geodetic1 geomagnetic1 biological1 and social science and research1 including monitoring1 analyses1 education1 research to operations1 and operations to research2 7,b7 ,earth observations and space physics operations1 which include space-based observations of the earth and sun2 7,c7 ocean exploration1 mapping1 and characterization2 7,d7 atmospheric1 terrestrial and space weather1 climate1 oceanic1 hydrologic1 ,great ,lakes1 and coastal forecasting2 7,e7 conservation1 management1 and protection of oceanic1 hydrologic1 ,great ,lakes1 and coastal resources1 and science1 research1 and analysis related to such resources2 7,f7 oceanic1 hydrologic1 ,great ,lakes1 and coastal response and restoration2 7,g7 education1 outreach1 and associated activities2 7,h7 other areas of research related to the preceding items as determined appropriate by the ,administrator2 and 7,i7 enforcement of any other provision of ,federal law that assigns enforcement authority to the ,administration2 7#b7 support the widest practicable participation by the scientific community1 including participants in the private sector1 academia1 ,federal1 ,state1 local1 ,tribal1 and territorial governmental entities1 ,indigenous peoples1 and other appropriate domestic and foreign governmental and non-governmental entities1 in carrying out the activities described in paragraph 7#a71 including through the acceptance by the ,administration of private resources1 which may include data1 models1 vessels1 aircraft1 satellites1 buoys1 and other related infrastructure1 to carry out such activities2 7#c7 provide for full and open public dissemination of information regarding activities1 initiatives1 methods1 data1 and results of the ,administration1 as appropriate1 and in compliance with applicable law1 including the acquisition of commercially sourced data2 and 7#d7 establish and promote an inclusive culture of scientific excellence and integrity4 #ajc4 ,authority of the ,administrator 7a7 ,officers and employees ,the ,administrator1 in accordance with title #e1 ,united ,states ,code1 may appoint and fix the compensation of such officers and employees as the ,administrator determines appropriate1 within the regulations and guidelines established by the ,office of ,personnel ,management4 7b7 ,property ,the ,administrator may-- 7#a7 procure1 acquire1 construct1 improve1 repair1 operate1 and maintain such laboratories1 research and testing sites and facilities1 equipment1 vessels1 aircraft1 buoys1 satellites1 surface observing sites1 other similar infrastructure1 autonomous or unmanned vehicles1 and office and educational facilities as the ,administrator deems necessary2 7#b7 lease real and personal property2 7#c7 sell and otherwise dispose of real and personal property and reinvest any proceeds from such sale or disposition of property into recapitalization of property2 and 7#d7 provide by contract or otherwise for necessary amenities for the welfare of employees and maintenance of property of the ,administration4 7c7 ,gifts ,the ,administrator may accept gifts or donations of services for the benefit of the agency1 including money or property1 whether real1 personal1 or mixed1 and whether tangible or intangible4 7d7 ,contracts1 leases1 and agreements ,the ,administrator may enter into and perform such contracts1 leases1 agreements 7including cooperative agreements71 or other transactions as may be necessary in the conduct of the work of the ,administration4 7e7 ,cooperation with ,federal agencies and others ,the ,administrator-- 7#a7 may use the services1 equipment1 personnel1 land1 and facilities of ,federal1 ,state1 local1 ,tribal1 and territorial governmental entities1 ,indigenous peoples1 and other appropriate domestic and foreign governmental and non-governmental entities1 with consent and with or without reimbursement2 and 7#b7 shall cooperate with such entities to permit their use of ,administration services1 equipment1 land1 and facilities in a manner consistent with the ,administration's mission4 7f7 ,international cooperation ,the ,administration1 under the foreign policy guidance of the ,president1 may engage in a program of international cooperation in work done pursuant to the ,act1 and in the peaceful application of the results thereof1 pursuant to agreements made by the ,president with the advice and consent of the ,senate4 7g7 ,advisory committees ,the ,administrator may appoint such advisory committees as the ,administrator considers appropriate to provide consultation and advice4 7h7 ,offices and procedures ,the ,administrator may establish within the ,administration such offices and procedures as may be appropriate to provide for the greatest possible coordination of its activities with related public and private agencies and entities4 #ajd4 ,science advisory board 7a7 ,in general ,there shall be within the ,administration a ,science ,advisory ,board1 which shall provide such scientific advice as may be requested by the ,administrator1 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 or the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7b7 ,purpose ,the purpose of the ,science ,advisory ,board is to advise the ,administrator and ,congress on long-range and short-range strategies for research1 education1 and the application of science to resource management and environmental assessment1 observation1 and prediction4 7c7 ,members 7#a7 ,in general ,the ,science ,advisory ,board shall be composed of at least #ae members appointed by the ,administrator4 ,each member of the ,board shall be qualified by education1 training1 and experience to evaluate scientific and technical information on matters referred to the ,board under this section4 7#b7 ,terms of service ,members shall be appointed for #c-year terms1 renewable once1 and shall serve at the discretion of the ,administrator4 ,an individual serving a term as a member of the ,science ,advisory ,board on the date of enactment of this ,act may complete that term1 and may be reappointed once for another term of #c years unless the term being served on such date of enactment is the second term served by that individual4 ,vacancy appointments shall be for the remainder of the unexpired term of the vacancy1 and an individual so appointed may subsequently be appointed for #b full #c-year terms if the remainder of the unexpired term is less than #a year4 7#c7 ,chairperson ,the ,administrator shall designate a chairperson from among the members of the ,board4 7#d7 ,appointment ,members of the ,science ,advisory ,board shall be appointed as special ,government employees1 within the meaning given such term in section #bjb7;a7 of title #ah1 ,united ,states ,code4 7d7 ,administrative provisions 7#a7 ,administrative support ,the ,administrator shall provide administrative support to the ,science ,advisory ,board4 7#b7 ,meetings ,the ,science ,advisory ,board shall meet at least twice each year1 and at other times at the call of the ,administrator or the ,chairperson4 7#c7 ,compensation and expenses ,a member of the ,science ,advisory ,board shall not be compensated for service on such board1 but may be allowed travel expenses1 including per diem in lieu of subsistence1 in accordance with subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7#d7 ,subcommittees ,the ,science ,advisory ,board may establish such subcommittees of its members as may be necessary4 ,the ,science ,advisory ,board may establish task forces and working groups consisting of ,board members and outside experts as may be necessary4 7e7 ,expiration ,section #ad of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,science ,advisory ,board4 7f7 ,strategic plan for research and development ,not later than #a year after the date of enactment of this ,act1 and once every #e years thereafter1 the ,administrator shall consult with the ,science ,advisory board to develop a strategic plan for research and development at the ,administration4 ,the plan shall include-- 7#a7 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 national1 regional1 ,state1 and local levels2 and 7#b7 a strategic plan that assigns specific programs within the ,administration the responsibility to meet each need identified under paragraph 7#a7 and that describes the extent to which each need identified in paragraph 7#a7 will be addressed through-- 7,a7 intramural research2 7,b7 extramural1 peer-reviewed1 competitive grant programs2 and 7,c7 work done in cooperation with other ,federal agencies4 7g7 ,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 subsection 7f74 7h7 ,transmittal to congress ,not later than #ah months after the date of enactment of this ,act1 the ,administrator shall transmit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate the initial strategic plan developed under subsection 7f7 and the review prepared pursuant to subsection 7g74 ,subsequent strategic plans developed under subsection 7f7 shall also be transmitted to those committees upon completion4 ,,ii ,general ,provisions #bja4 ,recommendations to ,congress 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 and at any appropriate time thereafter1 the ,administrator shall provide to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and the ,committee on ,natural ,resources of the ,house of ,representatives recommendations for technical1 conforming1 or other amendments necessary-- 7#a7 to assist the transition of the ,administration to an independent agency2 or 7#b7 to further the policy and purpose of this ,act4 7b7 ,consultation ,in developing any recommendations pursuant to subsection 7a71 the ,administrator shall consult with the ,office of the ,law ,revision ,counsel of the ,house of ,representatives4 #bjb4 ,conforming repeals 7a7 ,effect of reorganization plan ,reorganization ,plan ,no4 #d of #aigj shall have no further force and effect4 7b7 ,,noaa officers ,subsections 7a7 and 7b7 of section #djg of ,public ,law #ii-fei 7#ae ,u4,s4,c4 #aejc;b2 #aejg;c7 are hereby repealed4 #bjc4 ,savings provision 7a7 ,existing requirements ,all rules and regulations1 determinations1 standards1 policies1 agreements1 contracts1 including collective bargaining agreements1 certifications1 authorizations1 appointments1 delegations of authority1 results and findings of investigations1 and other decisions or actions duly issued1 made1 or taken pursuant to or under the authority of any statute or executive order which resulted in the assignment of functions or activities to the ,national ,oceanic and ,atmospheric ,administration1 the ,under ,secretary of ,commerce for ,oceans and ,atmosphere1 or to any officer1 employee1 or part of the ,national ,oceanic and ,atmospheric ,administration1 or to the ,secretary of ,commerce and delegated to the ,under ,secretary of ,commerce for ,oceans and ,atmosphere1 or their designee1 that are 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 rescinded4 7b7 ,suits1 appeals1 judgments ,in the case of any action or proceeding relating to the functions or activities described in subsection 7a7 pending on the date of enactment of this ,act1 the rights of the parties at issue in such proceeding shall1 to the maximum extent practicable1 be undisturbed by this ,act4 ,for purposes of any such action or proceeding1 the provisions of ,reorganization ,plan ,no4 #d of #aigj and subsections 7a7 and 7b7 of section #djg of ,public ,law #ii-fei as in effect on the day before such date of enactment shall apply4 7c7 ,discussion of research ,nothing in this ,act shall be construed to limit the ability of an ,administration employee to discuss scientific research performed by that employee in accordance with the ,administration's scientific integrity policies4 7d7 ,existing authorities under law ,nothing in this ,act shall be construed to modify any authority under law existing immediately before the date of enactment of this ,act1 except as explicitly provided herein1 including by-- 7#a7 altering the responsibilities or authorities of any other ,federal agency2 7#b7 authorizing or prohibiting the transfer of any program1 function1 or project from other ,federal agencies to the ,administration2 or 7#c7 expanding1 modifying1 or superseding any existing regulatory or other authority of the ,administration4 7e7 ,authorities with respect to public buildings 7#a7 ,in general ,nothing in this ,act shall be construed to grant the ,administrator any authority to construct1 alter1 repair1 or acquire by any means a public building 7as defined in section #ccja of title #dj1 ,united ,states ,code7 or to grant any authority to lease general purpose office or storage space in any building4 7#b7 ,interaction with other similar authorities ,nothing in this ,act shall be construed to diminish any authority the ,administrator has immediately before the date of enactment of this ,act to construct1 alter1 repair1 or acquire by any means a public building 7as defined in section #ccja of title #dj1 ,united ,states ,code7 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 7regardless of whether those authorities are derived from laws1 executive orders1 rules1 regulations1 or delegations of authority from the ,secretary of ,commerce74 #bjd4 ,reorganization plan 7a7 ,schedule 7#a7 ,initial plan ,not later than #ah months after the date of enactment of this ,act1 the ,administrator shall develop a reorganization plan for the ,administration in accordance with this section and shall publish the plan in the ,federal ,register4 ,the ,federal ,register notice shall solicit comments for a period of at least #fj days4 7#b7 ,revised plan ,not later than #ahj days after the expiration date of the comment period described in paragraph 7#a71 the ,administrator shall transmit to ,congress a revised version of the plan that takes into account the comments received4 ,the ,administrator shall also publish the revised plan in the ,federal ,register4 ,the ,administrator shall transmit and publish1 along with the plan1 an explanation of how the ,administrator dealt with significant issues raised by the comments received4 7#c7 ,implementation ,the ,administrator shall implement the plan not later than #ahj days after the plan has been transmitted to the ,congress4 7b7 ,content ,the plan1 to the greatest extent practicable1 shall-- 7#a7 consistent with the other provisions of this ,act1 maximize the efficiency with which the ,administration carries out the core functions of-- 7,a7 science and research2 7,b7 operations2 7,c7 predictions and forecasts2 7,d7 products and services2 7,e7 education and outreach2 7,f7 earth observations and space weather observations2 7,g7 resource management2 and 7,h7 enforcement2 7#b7 improve the sharing of research and other information that is of use across programmatic themes2 and 7#c7 minimize duplication of effort or overlapping efforts and promote coordination among offices4 7c7 ,consultation ,in developing the plan1 the ,administrator shall consult with interested parties1 including other ,federal1 ,state1 local1 ,tribal1 and territorial governmental entities1 ,indigenous peoples1 and other appropriate domestic and foreign governmental and non-governmental entities1 academia1 industry1 and ,administration employees1 contractors1 and grantees4 #bje4 ,national ,weather ,service 7a7 ,in general ,the ,administrator shall maintain within the ,administration the ,national ,weather ,service4 7b7 ,mission ,the mission of the ,national ,weather ,service is to provide weather1 water1 climate1 tsunami1 and space weather forecasts and warnings for the ,united ,states1 its territories1 adjacent waters1 and ocean areas for the protection of life and property and the enhancement of the national economy4 ,in carrying out the mission of the ,national ,weather ,service1 the ,administrator shall ensure that the ,national ,weather ,service-- 7#a7 provides timely and accurate weather1 water1 climate1 tsunami1 and space weather forecasts2 and 7#b7 provides timely and accurate warnings of natural hazards related to weather1 water1 climate1 and tsunamis1 and of space weather hazards4 7c7 ,functions ,the functions of the ,national ,weather ,service shall include-- 7#a7 maintaining a network of local weather forecast offices1 river forecast centers1 and center weather service units2 7#b7 maintaining a network of observation systems to collect weather and climate data2 7#c7 operating national centers to deliver guidance1 forecasts1 warnings1 and analysis about weather1 water1 climate1 tsunami1 and space weather phenomena for the ,administration and the public2 7#d7 providing information to ,federal agencies and other organizations responsible for emergency preparedness and response as required by law2 7#e7 conducting and supporting applied research to facilitate the rapid incorporation of weather and climate science advances into operational tools2 and 7#f7 other functions the ,administrator determines to be necessary to serve the mission of the ,national ,weather ,service described in subsection 7b74 #bjf4 ,office of ,space ,commerce ,subsection 7b7 of section #ejgjb of title #ea1 ,united ,states ,code1 is amended-- 7#a7 by striking ,the ,office shall be headed and inserting the following3 7#a7 ,in general ,the ,office shall be headed 2 and 7#b7 by adding at the end the following3 7#b7 ,direct report ,the ,director shall report directly to the ,secretary of ,commerce4 4 #bjg4 ,study 7a7 ,in general ,the ,administrator shall contract with the ,national ,academy of ,public ,administration to conduct a study examining the feasibility and merits of transferring parts or all of the ,endangered ,species ,act 7,,esa7 and ,marine ,mammal ,protection ,act 7,,mmpa7 management functions into a single agency or department4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall submit to ,congress a report on the results of the study conducted under subsection 7a74 #bjh4 ,effective date ,the provisions of this ,act shall take effect on the date that is #f months after the date of the enactment of this ,act4