[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3980 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 3980

To formally establish within statute an independent scientific research 
 and development agency known as the National Oceanic and Atmospheric 
                Administration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 2023

 Mr. Lucas (for himself, Mr. Weber of Texas, Mr. Babin, Mr. Baird, Mr. 
 Mike Garcia of California, Mrs. Bice, Mr. Obernolte, Mr. Fleischmann, 
Mr. Issa, Mr. Crawford, Ms. Tenney, Mr. Miller of Ohio, Mr. Williams of 
 New York, and Mr. Kean of New Jersey) introduced the following bill; 
which was referred to the Committee on Science, Space, 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 formally establish within statute an independent scientific research 
 and development agency known as 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Oceanic 
and Atmospheric Administration Act of 2023''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
        TITLE I--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Sec. 101. Establishment.
Sec. 102. Functions of the Administrator.
Sec. 103. Authority of the Administrator.
Sec. 104. Science advisory board.
                      TITLE II--GENERAL PROVISIONS

Sec. 201. Recommendations to Congress.
Sec. 202. Conforming repeals.
Sec. 203. Savings provision.
Sec. 204. Reorganization plan.
Sec. 205. National Weather Service.
Sec. 206. Office of Space Commerce.
Sec. 207. Study.
Sec. 208. Effective date.

SEC. 2. 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 science, maintaining the Administration's core mission 
and functions while allowing it to restructure and prioritize under an 
organic statute.

        TITLE I--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

SEC. 101. ESTABLISHMENT.

    (a) Establishment.--There is established in the executive branch an 
independent agency to be known as the National Oceanic and Atmospheric 
Administration (in this Act referred to as the ``Administration'').
    (b) Administrator.--
            (1) In general.--The Administration shall be headed by an 
        Administrator (in this Act referred to as the 
        ``Administrator''), who shall be appointed by the President 
        with the advice and consent of the Senate. The Administrator 
        shall carry out the functions described in section 102 and, in 
        the performance of those functions, shall have the authorities 
        described in section 103.
            (2) Authority.--Any authority, power, or function vested by 
        law in the National Oceanic and Atmospheric Administration, in 
        the Under Secretary of Commerce for Oceans and Atmosphere, or 
        in any officer, employee, or part of the National Oceanic and 
        Atmospheric Administration, or vested by law in the Secretary 
        of Commerce and delegated to the Under Secretary of Commerce 
        for Oceans and Atmosphere, or their designee, is vested in, and 
        may be exercised by, the Administrator or their designee, as 
        appropriate.
            (3) 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 Administrator.
    (c) Positions.--There shall be in the Administration the following:
            (1) A Deputy Administrator, to be appointed by the 
        President with the advice and consent of the Senate, who shall 
        carry out such duties as the Administrator may prescribe.
            (2) An Associate Administrator for Environmental 
        Observation and Prediction, to be appointed by the President 
        with the advice and consent of the Senate.
            (3) A Chief Scientist, to be appointed by the 
        Administrator.
            (4) A General Counsel, to be appointed in accordance with 
        section 5316 of title 5, United States Code.

SEC. 102. FUNCTIONS OF THE ADMINISTRATOR.

    The Administrator shall--
            (1) plan, direct, and conduct--
                    (A) atmospheric, oceanic, hydrologic, Great Lakes, 
                coastal, geodetic, geomagnetic, biological, and social 
                science and research, including monitoring, analyses, 
                education, research to operations, and operations to 
                research;
                    (B) Earth observations and space physics 
                operations, which include space-based observations of 
                the earth and sun;
                    (C) ocean exploration, mapping, and 
                characterization;
                    (D) atmospheric, terrestrial and space weather, 
                climate, oceanic, hydrologic, Great Lakes, and coastal 
                forecasting;
                    (E) conservation, management, and protection of 
                oceanic, hydrologic, Great Lakes, and coastal 
                resources, and science, research, and analysis related 
                to such resources;
                    (F) oceanic, hydrologic, Great Lakes, and coastal 
                response and restoration;
                    (G) education, outreach, and associated activities;
                    (H) other areas of research related to the 
                preceding items as determined appropriate by the 
                Administrator; and
                    (I) enforcement of any other provision of Federal 
                law that assigns enforcement authority to the 
                Administration;
            (2) support the widest practicable participation by the 
        scientific community, including participants in the private 
        sector, academia, Federal, State, local, Tribal, and 
        territorial governmental entities, Indigenous peoples, and 
        other appropriate domestic and foreign governmental and non-
        governmental entities, in carrying out the activities described 
        in paragraph (1), including through the acceptance by the 
        Administration of private resources, which may include data, 
        models, vessels, aircraft, satellites, buoys, and other related 
        infrastructure, to carry out such activities;
            (3) provide for full and open public dissemination of 
        information regarding activities, initiatives, methods, data, 
        and results of the Administration, as appropriate, and in 
        compliance with applicable law, including the acquisition of 
        commercially sourced data; and
            (4) establish and promote an inclusive culture of 
        scientific excellence and integrity.

SEC. 103. AUTHORITY OF THE ADMINISTRATOR.

    (a) Officers and Employees.--The Administrator, in accordance with 
title 5, United States Code, may appoint and fix the compensation of 
such officers and employees as the Administrator determines 
appropriate, within the regulations and guidelines established by the 
Office of Personnel Management.
    (b) Property.--The Administrator may--
            (1) procure, acquire, construct, improve, repair, operate, 
        and maintain such laboratories, research and testing sites and 
        facilities, equipment, vessels, aircraft, buoys, satellites, 
        surface observing sites, other similar infrastructure, 
        autonomous or unmanned vehicles, and office and educational 
        facilities as the Administrator deems necessary;
            (2) lease real and personal property;
            (3) sell and otherwise dispose of real and personal 
        property and reinvest any proceeds from such sale or 
        disposition of property into recapitalization of property; and
            (4) provide by contract or otherwise for necessary 
        amenities for the welfare of employees and maintenance of 
        property of the Administration.
    (c) Gifts.--The Administrator may accept gifts or donations of 
services for the benefit of the agency, including money or property, 
whether real, personal, or mixed, and whether tangible or intangible.
    (d) Contracts, Leases, and Agreements.--The Administrator may enter 
into and perform such contracts, leases, agreements (including 
cooperative agreements), or other transactions as may be necessary in 
the conduct of the work of the Administration.
    (e) Cooperation With Federal Agencies and Others.--The 
Administrator--
            (1) may use the services, equipment, personnel, land, and 
        facilities of Federal, State, local, Tribal, and territorial 
        governmental entities, Indigenous peoples, and other 
        appropriate domestic and foreign governmental and non-
        governmental entities, with consent and with or without 
        reimbursement; and
            (2) shall cooperate with such entities to permit their use 
        of Administration services, equipment, land, and facilities in 
        a manner consistent with the Administration's mission.
    (f) International Cooperation.--The Administration, under the 
foreign policy guidance of the President, may engage in a program of 
international cooperation in work done pursuant to the Act, and in the 
peaceful application of the results thereof, pursuant to agreements 
made by the President with the advice and consent of the Senate.
    (g) Advisory Committees.--The Administrator may appoint such 
advisory committees as the Administrator considers appropriate to 
provide consultation and advice.
    (h) 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 entities.

SEC. 104. 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 Science, Space, and 
Technology of the House of Representatives, or the Committee on 
Commerce, Science, and Transportation of the Senate.
    (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, observation, 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 1 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) Administrative support.--The Administrator shall 
        provide administrative support to the Science Advisory Board.
            (2) 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.
            (3) 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.
            (4) 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.
    (f) Strategic Plan for Research and Development.--Not later than 1 
year after the date of enactment of this Act, and once every 5 years 
thereafter, the Administrator shall consult with the Science Advisory 
board to develop a strategic plan for research and development at the 
Administration. The plan shall include--
            (1) 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
            (2) a strategic plan that assigns specific programs within 
        the Administration the responsibility to meet each need 
        identified under paragraph (1) and that describes the extent to 
        which each need identified in paragraph (1) will be addressed 
        through--
                    (A) intramural research;
                    (B) extramural, peer-reviewed, competitive grant 
                programs; and
                    (C) work done in cooperation with other Federal 
                agencies.
    (g) 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 (f).
    (h) Transmittal to Congress.--Not later than 18 months after the 
date of enactment of this Act, the Administrator shall transmit to the 
Committee on Science, Space, and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate the initial strategic plan developed under 
subsection (f) and the review prepared pursuant to subsection (g). 
Subsequent strategic plans developed under subsection (f) shall also be 
transmitted to those committees upon completion.

                      TITLE II--GENERAL PROVISIONS

SEC. 201. RECOMMENDATIONS TO CONGRESS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, and at any appropriate time thereafter, the 
Administrator shall provide to the Committee on Science, Space, and 
Technology of the House of Representatives, the Committee on Commerce, 
Science, and Transportation of the Senate, and the Committee on Natural 
Resources of the House of Representatives recommendations for 
technical, conforming, or other amendments necessary--
            (1) to assist the transition of the Administration to an 
        independent agency; or
            (2) to further the policy and purpose of this Act.
    (b) Consultation.--In developing any recommendations pursuant to 
subsection (a), the Administrator shall consult with the Office of the 
Law Revision Counsel of the House of Representatives.

SEC. 202. CONFORMING REPEALS.

    (a) Effect of Reorganization Plan.--Reorganization Plan No. 4 of 
1970 shall have no further force and effect.
    (b) NOAA Officers.--Subsections (a) and (b) of section 407 of 
Public Law 99-659 (15 U.S.C. 1503b; 1507c) are hereby repealed.

SEC. 203. SAVINGS PROVISION.

    (a) Existing Requirements.--All rules and regulations, 
determinations, standards, policies, agreements, contracts, including 
collective bargaining agreements, certifications, authorizations, 
appointments, delegations of authority, results and findings of 
investigations, and other decisions or actions duly issued, made, 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 Administration, the Under 
Secretary of Commerce for Oceans and Atmosphere, or to any officer, 
employee, or part of the National Oceanic and Atmospheric 
Administration, or to the Secretary of Commerce and delegated to the 
Under Secretary of Commerce for Oceans and Atmosphere, or their 
designee, 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 rescinded.
    (b) Suits, Appeals, Judgments.--In the case of any action or 
proceeding relating to the functions or activities described in 
subsection (a) pending on the date of enactment of this Act, the rights 
of the parties at issue in such proceeding shall, to the maximum extent 
practicable, be undisturbed by this Act. For purposes of any such 
action or proceeding, the provisions of Reorganization Plan No. 4 of 
1970 and subsections (a) and (b) of section 407 of Public Law 99-659 as 
in effect on the day before such date of enactment shall apply.
    (c) 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 policies.
    (d) 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 Act, except as explicitly provided 
herein, including by--
            (1) altering the responsibilities or authorities of any 
        other Federal agency;
            (2) authorizing or prohibiting the transfer of any program, 
        function, or project from other Federal agencies to the 
        Administration; or
            (3) expanding, modifying, or superseding any existing 
        regulatory or other authority of the Administration.
    (e) Authorities With Respect to Public Buildings.--
            (1) In general.--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 
        in section 3301 of title 40, United States Code) or to grant 
        any authority to lease general purpose office or storage space 
        in any building.
            (2) 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 construct, alter, repair, or acquire by any means a 
        public building (as defined in 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. 204. REORGANIZATION PLAN.

    (a) Schedule.--
            (1) Initial plan.--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 at least 60 days.
            (2) Revised plan.--Not later than 180 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 significant issues raised by the 
        comments received.
            (3) Implementation.--The Administrator shall implement the 
        plan not later than 180 days after the plan has been 
        transmitted to the Congress.
    (b) Content.--The plan, to the greatest extent practicable, shall--
            (1) consistent with the other provisions of this Act, 
        maximize the efficiency with which the Administration carries 
        out the core functions of--
                    (A) science and research;
                    (B) operations;
                    (C) predictions and forecasts;
                    (D) products and services;
                    (E) education and outreach;
                    (F) earth observations and space weather 
                observations;
                    (G) resource management; and
                    (H) enforcement;
            (2) improve the sharing of research and other information 
        that is of use across programmatic themes; and
            (3) minimize duplication of effort or overlapping efforts 
        and promote coordination among offices.
    (c) Consultation.--In developing the plan, the Administrator shall 
consult with interested parties, including other Federal, State, local, 
Tribal, and territorial governmental entities, Indigenous peoples, and 
other appropriate domestic and foreign governmental and non-
governmental entities, academia, industry, and Administration 
employees, contractors, and grantees.

SEC. 205. NATIONAL WEATHER SERVICE.

    (a) In General.--The Administrator 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, river forecast centers, and center weather service 
        units;
            (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 the Administrator determines to be 
        necessary to serve the mission of the National Weather Service 
        described in subsection (b).

SEC. 206. OFFICE OF SPACE COMMERCE.

    Subsection (b) of section 50702 of title 51, United States Code, is 
amended--
            (1) by striking ``The Office shall be headed'' and 
        inserting the following:
            ``(1) In general.--The Office shall be headed''; and
            (2) by adding at the end the following:
            ``(2) Direct report.--The Director shall report directly to 
        the Secretary of Commerce.''.

SEC. 207. STUDY.

    (a) 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 (ESA) and Marine Mammal Protection Act (MMPA) management 
functions into a single agency or department.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator shall submit to Congress a report on the 
results of the study conducted under subsection (a).

SEC. 208. EFFECTIVE DATE.

    The provisions of this Act shall take effect on the date that is 6 
months after the date of the enactment of this Act.
                                 <all>