[Congressional Record Volume 152, Number 118 (Wednesday, September 20, 2006)]
[House]
[Pages H6757-H6765]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ACT
Mr. EHLERS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5450) to provide for the National Oceanic and Atmospheric
Administration, and for other purposes, as amended.
The Clerk read as follows:
H.R. 5450
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
[[Page H6758]]
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
[[Page H6759]]
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 or on Resources of the
House of Representatives.
(b) Purpose.--The purpose of the Science Advisory Board is
to advise the Administrator and Congress on long-range and
short-range strategies for research, 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 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 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
[[Page H6760]]
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 the Committee on 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 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 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.
[[Page H6761]]
(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 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 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 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Ehlers) and the gentleman from Tennessee (Mr. Gordon)
each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. EHLERS. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and to
include extraneous material on H.R. 5450, as amended, the bill now
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. EHLERS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of H.R. 5450, as amended
by the Science Committee. H.R. 5450, the National Oceanic and
Atmospheric Administration Act, is an organic act for NOAA. An organic
act defines the overall mission and function of an agency.
In 1970, President Nixon established NOAA in the Department of
Commerce by executive order. Since that time, Congress has not passed
an organic act for NOAA, and today NOAA's authorities come from over
three dozen issue-specific laws.
Some years ago I decided this was an intolerable situation, and we
began work on an organic act. In 2004, the U.S. Commission on Ocean
Policy, a nonpartisan group of the Nation's leading ocean experts,
recognized this lack of congressional direction for NOAA as an
impediment to the agency's vital legislative role.
The Commission strongly recommended that Congress pass a NOAA organic
act. We in Congress need to provide NOAA and its employees clear
direction and the tools they require to perform critical missions and
functions that affect the everyday lives of all Americans, including
weather forecasts and storm warnings from the National
[[Page H6762]]
Weather Service and alerts from the National Ocean Service about
dangerous conditions such as toxic algae blooms or even tsunamis.
In response to this need, I introduced the National Oceanic and
Atmospheric Administration Act. My bill gives NOAA a clear mission so
it can more effectively set program goals. For example, my bill states
that the mission of NOAA is to first understand and predict changes in
the Earth's oceans and atmospheres, conserve and manage coastal, ocean
and Great Lakes ecosystems, and educate and inform our fellow citizens
about these topics.
H.R. 5450 then directs NOAA to reorganize so it can more efficiently
accomplish this mission. Based on recommendations of the U.S.
Commission on Ocean Policy, my bill establishes NOAA within the
Department of Commerce and requires NOAA to restructure so it may
improve the way it carries out the critical functions of operations and
services, research and education, and resource management.
In addition, H.R. 5450 strengthens science at NOAA by creating a new
Deputy Assistant Secretary for Science and Education, authorizing a
science advisory board, requiring a National Academies' assessment of
the agency's data and information systems, and directing NOAA to
develop a strategic plan for its research programs.
Valuable input from my colleagues on the Science Committee from both
parties further strengthened congressional oversight provisions of H.R.
5450, and the bill now includes a provision to ensure that NOAA does
not get in over its head with large programs such as building weather
satellites.
This provision requires NOAA to use more streamlined and transparent
cost baselines for major programs, and to notify Congress when there
are significant cost increases or schedule delays in major procurement
programs.
Passage of an organic act for NOAA is a top priority for both the
U.S. Commission on Ocean Policy and the privately funded Pugh Ocean
Commission.
The administration, States, and numerous advocacy groups have also
expressed support for the NOAA organic act. H.R. 5450 has widespread
and bipartisan support. The bill incorporates ideas from a range of
experts and from Members on both sides of the aisle. Everyone
recognizes this bill is not a complete organic act because it omits
issues solely in the jurisdiction of the House Resources Committee.
Mr. Speaker, I believe we all share the goal of seeing a complete
bill. I thank all of my colleagues who contributed to this bill as well
as those who continue to express support. In particular I want to thank
Mr. Udall. He was a ranking member of my subcommittee when we first
started working on this bill.
I also want to thank Mr. Wu, the current ranking member of my
subcommittee, and Mr. Gordon, the ranking member of the full committee,
for their help and input throughout the process.
Additionally, I thank Mr. Gilchrest who has been an outstanding
leader on ocean issues and an original cosponsor of this bill, and he
has been invaluable with his input. Finally I would especially like to
thank Chairman Boehlert, also an original cosponsor, for his unwavering
support and commitment to moving this bill through the process.
Chairman Boehlert has long been a strong champion for the sciences and
science-based decision making envisioned in H.R. 5450, and we will
greatly miss his leadership on these issues.
H.R. 5450 will make NOAA stronger and more capable of doing its job
to keep us safe, understand our environment, and manage our coastal and
marine resources.
This bill is an important step forward for ocean issues. And I look
forward to continuing to work with my colleagues here in the House and
in the Senate to get a final bill that is clear, well balanced and
complete. I urge my colleagues to support H.R. 5450
Mr. Speaker, I reserve the balance of my time.
Mr. GORDON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the bill before us today, the NOAA Organic Act, is a
product of diligent work of the Science Committee and the gentleman
from Michigan.
Representative Ehlers has been a tireless champion of this
legislation. H.R. 5450 maintains the National Weather Service as a
distinct office within NOAA. The National Weather Service, with its
nationwide distribution of local forecast offices, is one of the best
known and most trusted organizations within NOAA.
The public relies upon the weather service to provide the watches and
warnings of severe storms that enable us to prepare for those events
and reduce the loss of lives and property.
In the area of satellite acquisition, we are requiring the
administrator of NOAA to notify Congress whenever a satellite
acquisition deviates substantially from its projected cost and
schedule.
H.R. 5450 establishes a process of review and revision for satellite
acquisition programs to avoid future problems of runaway cost and
schedule delays. Chairman Boehlert and Chairman Ehlers worked with us
to produce this legislation. We did not always agree, but we often
agreed, and the bipartisan cooperation between the members of this
committee produced a good outcome for the program.
Unfortunately, the Resources Committee failed to conduct a similar
process. H.R. 5450 provides virtually no direction for the ocean and
coastal resources programs of the agency.
{time} 1330
I know this is a disappointment to the many Members of Congress who
were hoping to see some of the recommendations of the 2004 Ocean
Commission's report incorporated into this legislation. This is truly a
missed opportunity. We have little time left in this Congress. Perhaps
the other body will be able to work cooperatively to fill in the gaps
of this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. EHLERS. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from New York (Mr. Boehlert).
Mr. BOEHLERT. Mr. Speaker, I rise in strong support of H.R. 5450.
Virtually every group that has looked at ocean issues has concluded
that the National Oceanic and Atmospheric Administration would be able
to function better if it had a clear basis in law. That is what this
bill, an organic act, would provide. It would give this key science
agency, which was created by executive order, a firm legal basis for
its full range of activities and responsibilities. That is hard to
argue with.
The bill, which was introduced by Dr. Ehlers, who has been its
tireless champion, would also strengthen science at NOAA, pretty darn
important, which makes sense, since NOAA is a major science agency. The
bill also would greatly improve oversight of the agency by ensuring
that Congress and the public get the information needed to evaluate
NOAA's organizational structure, its facilities plan, its budgeting and
its satellite programs.
As usual, this bill is the result of bipartisan cooperation on the
Science Committee, and I am very proud of that. I commend my colleagues
on both sides of the aisle for their hard work on this legislation.
We obviously have more work to do before this bill is enacted,
including work with our colleagues who have jurisdiction over NOAA's
resource management programs, such as fisheries. We want an organic act
that covers all of NOAA's activities.
But this is a good start, a solid bill that will strengthen the
agency, which will only improve the important services NOAA provides to
our citizens. I urge my colleagues to support H.R. 5450. Once again,
let me commend Dr. Ehlers for his leadership on this very important
issue, and let me commend the minority side for their outstanding
cooperation and, in many instances, their leadership too.
Mr. GORDON. Mr. Speaker, we are all part of our districts, and we all
think that our districts are one of the prettiest places in the world.
Just one of us represents a little prettier place than the rest of us.
Mr. Speaker, I yield 2 minutes from the man from Monterey, Big Sur,
Pebble Beach, and a great deal of Highway No. 1, and that is the
gentleman from California (Mr. Farr).
Mr. FARR. Thank you for that kind yielding.
Mr. Speaker, I rise for a good ``half a bill.'' This deals with NOAA,
also
[[Page H6763]]
known as the National Oceanic and Atmospheric Administration. But this
bill drops the ``O'' for oceanic and becomes a NAA bill. That is
because the Resources Committee that has jurisdiction over oceans
failed to deal with this bill. It has failed to deal with the
President's Commission on Oceans, has failed to address any of this in
the last years and has failed to address the need for oceans in this
bill.
So the Science Committee had no choice but to bring you the NAA bill.
I am going to vote ``yea'' on NAA because it has a good bipartisan
leadership, and it comes from a Science Committee that understands that
the Planet Earth needs oceans in order to create weather, and this bill
on oceans becomes unadminsterable. Thank goodness for bipartisan,
bicameral legislation, because this bill will not see the light of day
without oceans having a great part of it.
The other side is that with NOAA, the problems that we see here in
Congress, are created in the oceans, fisheries and so on, and we have
not been funding the ocean side of it. There is international law of
the sea, there are international oceans, years, there are all kinds of
commissions and groups supporting oceans, yet Congress fails to address
it. I commend the bipartisan leadership of getting NOAA in an organic
act, but I wish they would include the oceans
Mr. EHLERS. Mr. Speaker, I yield myself 30 seconds to respond to the
gentleman from California.
I am in wholehearted agreement with his sentiments. I want to see a
complete bill. The bill before us is a good bill. It deals with the
physical sciences portion of NOAA. It has taken us almost 6 years to
create this bill, work out all the details with all interested parties,
including both political parties. It is a good bill, but it will be
improved when we get the oceans portion.
I would hope that we can do it yet before the end of the year. If
not, I will pledge to the gentleman from California, and anyone else, I
will be happy to continue working on achieving that goal.
Mr. Speaker, I yield 3 minutes to the gentleman from Maryland (Mr.
Gilchrest), who has been invaluable in addressing oceans issues in this
particular body.
Mr. GILCHREST. I thank the gentleman for yielding.
Mr. Speaker, I would like to speak to a couple of items here. One, to
the gentleman from California, Mr. Farr, as far as who has the
prettiest district in the country, I would like to invite Mr. Farr from
California to ply the placid waters of the Sassafras River and enjoy
either a dawn or sunset in a canoe as we go past the marsh and
beautiful forested areas along the coastal Chesapeake Bay. He just
accepted my invitation, so I appreciate that.
I also have some understanding of where Mr. Farr comes from, as far
as dealing with the organic act and the National Oceanic and
Atmospheric Administration, including what we can call the wet side and
the dry side of NOAA. As we move forward with this legislative agenda
and this process with the bill that Mr. Vern Ehlers brings to us today,
I want to say two things as far as this bill is concerned.
Number one, Mr. Ehlers has not only worked for 6 years on this issue,
Dr. Ehlers has worked 10 years on the idea that the National Oceanic
and Atmospheric Administration that was created by executive order in
1970 by President Richard Nixon needs, as Mr. Boehlert defined, a
specific direction and order prescribed by the U.S. Congress, so that
it has a definitive, objective goal that Members of Congress can pursue
a specific oversight agenda for. Dr. Ehlers has worked very strongly
with both sides of the aisle to bring this bill before us today.
Now, there is a small piece that we can add to this as the process
continues, as Dr. Ehlers said. We will add the fisheries and the oceans
side of NOAA as we move along. But this bill before us today is a piece
of legislation that provides the direction that Congress needs to set
goals and be a part of the agenda of an administration to ensure that
the Nation has the kind of satellites to give us the kind of weather
reports that will enhance local reporting and save literally billions
of dollars on our understanding of weather patterns, of hurricanes and
things of that nature. It also has an understanding of the coastal
ecology in this particular part of the bill.
What this bill does, and we will include as soon as we can the oceans
part of this bill, but what this bill does is literally recognize that
there are trillions of dollars tied up in satellite communication, in
the private sector communication of satellites, and a whole host of
other areas that will give us an understanding of marine research, of
how the oceans affect the climates.
I urge my colleagues, as we move along in this process, this bill
that Dr. Ehlers, in a bipartisan fashion, has brought to the House
floor today be voted on.
Mr. GORDON. We have no speakers at this time. I don't yield back my
time, but I yield to the gentleman from Michigan (Mr. Ehlers).
Mr. EHLERS. I thank the gentleman from Tennessee. I will, first of
all, enter the sweepstakes for the most beautiful place in the United
States and invite everyone to the western coast of Michigan on the
Great Lakes of Lake Michigan.
Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from
Florida (Mr. Mario Diaz-Balart).
Mr. MARIO DIAZ-BALART of Florida. Mr. Speaker, I thought the chairman
was going to speak about Florida when he spoke about the most beautiful
place in the country.
Mr. Speaker, I rise in strong support of H.R. 5450 introduced by
Chairman Ehlers, who has done a great deal in bringing this bill
forward. I think we all know what this bill does: establishes under law
NOAA, within the Department of Commerce, and provides a leadership
structure and an organization for NOAA and establishes, obviously,
NOAA's mission and functions.
I represent and live, am blessed to live and represent a peninsula,
an area that is greatly affected by weather, whether it is in the
oceans or whether it is by storms. NOAA, as we all know, includes many
important agencies, including the National Weather Service, the
National Marine Fisheries Service and also the National Hurricane
Center. All of those areas are of great interest to the citizens of the
State of Florida, and impact, their work impacts the economy and
citizens of Florida.
South Floridians consistently rely on NOAA and on the National
Hurricane Center for information, particularly, again, during this time
of the year. Year after year the hurricane center has served as a
trusted voice during a storm and maintains a continuous watch on the
weather around the world. It issues warnings and watches and forecasts
and analyzes the weather to make sure that it can stay in front of the
technology so that it continuously does a better job in forecasting
storms.
Very few agencies around the country can say that their work is
indispensable in actually saving lives, and the weather center is one
of those.
There are so many oceanic and academic and environmental groups that
have expressed support for this legislation. I want to thank the
chairman for bringing this bill forward. I want to thank him for his
effort. I urge all of my colleagues to support this fine piece of
legislation.
Mr. EHLERS. Mr. Speaker, if the other side has no further speakers, I
am prepared to close.
Mr. GORDON. Mr. Speaker, we have no other speakers. We yield back the
balance of our time.
Mr. EHLERS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, in closing, I want to note that NOAA reaches into the
lives of nearly every citizen of this country, from the weather
forecasts that people use to decide if they need an umbrella, or if
they have to go to the basement to avoid a tornado, to the safety of
our seafood and drought predictions of the way we grow our food and
manage our reservoirs. This bill will give NOAA the tools and
directions they need to continue to serve our Nation in the coming
decades, and I look forward to their continued progress.
Very few people realize the importance of NOAA and how it affects
their lives. They take the weather forecast for granted. In fact, many
are unaware that the information that comes over the radio or as seen
on television is provided by NOAA. I recall the famous case of someone
who said we should stop funding NOAA because they get
[[Page H6764]]
more information from their TV broadcast than they do from the National
Weather Service, failing to recognize the important work that NOAA
does.
This bill will give NOAA the tools and direction they need to
continue to serve our Nation in the coming decades and to meet the
challenges of the future. I look forward to the continued progress in
NOAA.
Let me mention one other side issue. Just last week we had the Mark
Trail program in the Cannon Office Building where awards were given for
people who are making use of the automatic weather warning system. I
don't know if Members are aware of it, but you can buy a simple little
radio to keep at your bedside, as I do. If there are any weather alerts
during the night when we are sleeping and don't hear the sirens, the
radio will wake us up and give us the alert. Every American should have
that, just as every American should have a fire alarm or smoke detector
in their home.
Let me take just a moment to thank the Science Committee staff who
worked so hard over an almost 6-year period to make this bill possible.
David Goldston, chief of staff of the Science Committee; Amy Carroll,
staff director for the subcommittee I chair; Chad English, heavily
involved in this issue; Sara Gray and Jason Patlis, as well as Eric
Webster. Sara is present here also. She provided legal services. Jason
is one of the new leaders of the Science Committee staff. Eric Webster,
was invaluable in starting the research on and writing of this bill;
unfortunately, he did it so well and learned so much about NOAA that
they hired him, and we lost him.
Without the hard work of all of these staff members, their selfless
dedication, and many long hours, we would not be here considering this
bill.
Finally, I would also like to recognize Mr. Gordon's staff, who
worked so closely with us throughout the process. They were invaluable
in helping us perfect the bill, and we all worked with a good spirit of
cooperation, and even the committee action on this bill was marked by
agreement on the importance of the issue.
I urge all of my colleagues to vote for H.R. 5450, as amended.
Mr. PALLONE. Mr. Speaker, I rise to express my serious concerns about
the process and manner by which this legislation has arrived on the
House floor today.
The fact of the matter is that despite the laudable work that the
Science Committee has done to develop legislation codifying the
National Oceanic and Atmospheric Administration, this bill represents
only half of what we need to develop a real organic act for the agency.
The Republican leadership has chosen to bring H.R. 5450 to the floor
without the Resources Committee taking any action on its sequential
referral. While the Science Committee's bill deals with the atmospheric
or so-called ``dry'' side of NOAA, the Resources Committee has
jurisdiction over ocean and coastal programs, known as the ``wet''
side.
This inaction is further evidence that when it comes to protecting
our oceans, the House Republican leadership and the Resources Committee
majority have nothing to show for themselves.
Mr. Speaker, in 2003 the Pew Oceans Commission put out a
comprehensive report telling us that our oceans were in serious
trouble. Many on the other side of the aisle disparaged the report. But
a year later, the Congressionally chartered U.S. Commission on Ocean
Policy released a separate report and came to the same basic
conclusion--that our oceans are in peril from degraded waters,
compromised resources, and conflicts between man and nature--and that
immediate action is needed to restore the environment and protect our
ocean and coastal related economy. They laid out some pretty pointed
and thoughtful recommendations for Congress.
Two years later, however, the House and the Resources Committee have
done virtually nothing in response to these recommendations. Rather
than developing a cohesive, bipartisan strategy to evaluate the
Commission's recommendations, they have effectively blocked meaningful
oversight on oceans issues.
The Subcommittee on Fisheries and Oceans has held exactly one hearing
on the US Ocean Commission's recommendations. Neither the Subcommittee
nor the full Resources Committee have done anything to take serious
action on the report's findings despite repeated requests from myself
and others.
Today, in the face of the Resources Committee's disinterest in oceans
issues and its inability to report its own version of H.R. 5450, we are
now forced to consider a bill that may be well intentioned, but is
nonetheless seriously flawed.
The truth is we have wasted the past two years when we should have
taken action. Our oceans are a tremendous resource for this nation.
Fishermen, beachgoers, coastal business owners, and many others in my
district know this. They expect me and other members of Congress to be
working on the problems facing our oceans, and I agree. Rather than
passing half a bill, we should be taking serious action in response to
ocean commission recommendations.
Mr. Speaker, members might vote for this bill because they support
NOAA and want to move forward on an organic act. But no one should be
fooled into thinking that the House has properly done its work to
address the recommendations of the Ocean Commission.
Mr. SAXTON. Mr. Speaker, I rise today in support of H.R. 5450--the
National Oceanic and Atmospheric Administration Act.
During the more than 20 years I have been in Congress, I have made it
a priority to promote the protection of our oceans and effective
conservation and management of our living marine resources. From
protecting coastal wetlands to cleaning up our estuaries to promoting
sustainable fisheries to preventing ocean pollution--all have been
priorities during my tenure in Congress. We have accomplished a great
deal but, as highlighted by the more than 200 reconmendations contained
in the U.S. Commission on Ocean Policy report, much remains to be done.
NOAA was created by an Executive Order in 1970, but has never been
formally authorized. Both the U.S. and Pew Ocean Commissions argued
strongly for an organic statute for NOAA. A comprehensive organic act
will significantly strengthen the agency by providing a clear mandate
from Congress to the nation's lead civilian agency for oceans and
atmosphere.
An organic statute is needed to codify and strengthen NOAA and
thereby enhance its mission, improve its structure, and better enable
it to carry out existing and new responsibilities in a manner that is
consistent with ecosystem-based management.
H.R. 5450 represents real progress toward strengthening NOAA and is
an important first step in developing the comprehensive mandate NOAA
requires.
I look forward to working with Chairman Ehlers and colleagues to
develop the additional provisions needed to incorporate guidance on
fishery management, coastal zone management, ocean imapping and
charting, and other resources-related issues. Such provisions are
essential if NOAA is to effectively carry out the host of ocean-related
activities essential to our nation's economic and environmental
interests. Nevertheless, the bill in its current form represents a
welcome effort to address a major hurdle that impedes the federal
government's ability to effectively govern our oceans, coasts, and
Great Lakes.
Passage of H.R. 5450 will send a clear signal that the health and
productivity of our nation's oceans are a priority to the U.S. House of
Representatives. I commend Chairman Ehlers for his leadership on this
issue and I urge mny colleagues to support H.R. 5450.
Mr. CALVERT. Mr. Speaker, I want to commend Mr. Ehlers and his
Subcommittee for its excellent oversight of the National Oceanic and
Atmospheric Administration, NOAA, Within the Department of Commerce.
The agency was established originally as a part of the Department of
Commerce by Executive Order in 1970. NOAA has operated under Executive
Order for 36 years now. However, with no legislative ``organic act''
NOAA was restrained from taking a real leadership role in national
oceanic and atmospheric policy.
This legislation sets up guidelines and oversight of programs as any
authorizing legislation should do for a Federal agency. NOAA now will:
have a defined leadership structure and organization; defined missions
and authorities; provide strategic plans to the Congress; and be able
preserve current NOAA rules and regulations within its legal structure.
I realize that the legislation has been 2 years in the making and
that the other body has yet to act, but this is exactly what an
authorizing committee ought to be doing exercising its oversight
powers. I commend Chairman Ehlers, and Ranking Democrat Wu your
persistence in pursuing the goal of passing the legislation.
Mr. EHLERS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
{time} 1345
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Ehlers) that the House suspend the rules
and pass the bill, H.R. 5450, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
[[Page H6765]]
A motion to reconsider was laid on the table.
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