[Congressional Record Volume 168, Number 124 (Tuesday, July 26, 2022)]
[House]
[Pages H7095-H7097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        NOAA CHIEF SCIENTIST ACT

  Mr. BEYER. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 3952) to strengthen the role of the Chief Scientist of the 
National Oceanic and Atmospheric Administration in order to promote 
scientific integrity and advance the Administration's world-class 
research and development portfolio.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3952

       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 ``NOAA Chief Scientist Act''.

     SEC. 2. AMENDMENT TO REORGANIZATION PLAN NO. 4 OF 1970 
                   RELATING TO CHIEF SCIENTIST OF THE NATIONAL 
                   OCEANIC AND ATMOSPHERIC ADMINISTRATION.

       (a) In General.--Subsection (d) of section 2 of 
     Reorganization Plan No. 4 of 1970 (5 U.S.C. App) is amended 
     to read as follows:
       ``(d)(1) There is in the Administration a Chief Scientist 
     of the National Oceanic and Atmospheric Administration (in 
     this subsection referred to as the `Chief Scientist'), who 
     shall be selected by the Administrator and compensated at the 
     rate now or hereafter provided for Level V of the Executive 
     Schedule pursuant to section 5316 of title 5, United States 
     Code. In selecting a Chief Scientist, the Administrator shall 
     give due consideration to any recommendations for candidates 
     which may be submitted by the National Academies of Sciences, 
     Engineering, and Medicine, the National Oceanic and 
     Atmospheric Administration Science Advisory Board, and other 
     widely recognized, reputable, and diverse United States 
     scientific or academic bodies, including minority serving 
     institutions or other such bodies representing 
     underrepresented populations. The Chief Scientist shall be 
     the principal scientific adviser to the Administrator on 
     science and technology policy and strategy, as well as 
     scientific integrity, and shall perform such other duties as 
     the Administrator may direct. The Chief Scientist shall be an 
     individual who is, by reason of scientific education and 
     experience, knowledgeable in the principles of scientific 
     disciplines associated with the work of the Administration, 
     and who has produced work of scientific merit through an 
     established record of distinguished service and achievement.
       ``(2) The Chief Scientist shall--
       ``(A) adhere to any agency or department scientific 
     integrity policy and--
       ``(i) provide written consent to all applicable scientific 
     integrity and other relevant science and technology policies 
     of the Administration prior to serving in such position, with 
     such written consent to be made available on a publicly 
     accessible website of the Administration;
       ``(ii) in conjunction with the Administrator and other 
     members of Administration leadership, undergo all applicable 
     training programs of the Administration which inform 
     employees of their rights and responsibilities regarding the 
     conduct of scientific research and communication with the 
     media and the public regarding scientific research; and
       ``(iii) in coordination with the Administrator and other 
     members of Administration leadership, make all practicable 
     efforts to ensure Administration employees and contractors 
     who are engaged in, supervise, or manage scientific 
     activities, analyze or communicate information resulting from 
     scientific activities, or use scientific information in 
     policy, management, or regulatory decisions, adhere to 
     established scientific integrity policies of the 
     Administration;
       ``(B) provide policy and program direction for science and 
     technology priorities of the Administration and facilitate 
     integration and coordination of research efforts across line 
     offices of the Administration, with other Federal agencies, 
     and with the external scientific community, including 
     through--
       ``(i) leading the development of a science and technology 
     strategy of the Administration and issuing policy guidance to 
     ensure that overarching Administration policy is aligned with 
     science and technology goals and objectives;
       ``(ii) chairing the National Oceanic and Atmospheric 
     Administration Science Council and serving as a liaison to 
     the National Oceanic and Atmospheric Administration Science 
     Advisory Board;
       ``(iii) providing oversight to ensure--
       ``(I) the Administration funds high priority and mission-
     aligned science and technology development, including through 
     partnerships with the private sector, Cooperative Institutes, 
     academia, nongovernmental organizations, and other Federal 
     and non-Federal institutions; and
       ``(II) there is no unnecessary duplication of such science 
     and technology development;
       ``(iv) ensuring the Administration attracts, retains, and 
     promotes world class scientists and researchers from diverse 
     backgrounds, experiences, and expertise;
       ``(v) promoting the health and professional development of 
     the Administration's scientific workforce, including by 
     promoting efforts to reduce assault, harassment, and 
     discrimination that could hamper such health and development; 
     and
       ``(vi) ensuring coordination across the scientific 
     workforce and its conduct and application of science and 
     technology with the Administration's most recent Diversity 
     and Inclusion Strategic Plan;
       ``(C) under the direction of the Administrator, promote, 
     communicate, and advocate for the Administration's science 
     and technology portfolio and strategy to the broad domestic, 
     Tribal, and international communities and Congress, represent 
     the Administration in promoting and maintaining good public 
     and community relations, and provide the widest practical and 
     appropriate dissemination of science and technology 
     information concerning the full range of the Administration's 
     earth system authorities;
       ``(D) manage an Office of the Chief Scientist--
       ``(i) which shall be staffed by Federal employees of the 
     Administration detailed to the office on a rotating basis, in 
     a manner that promotes diversity of expertise, background, 
     and to the extent practicable, ensures that each line office 
     of the Administration is represented in the Office over time;
       ``(ii) in which there shall be a Deputy Chief Scientist, to 
     be designated by the Administrator or Acting Administrator 
     from among the Assistant Administrators on a rotational 
     basis, as appropriate to their backgrounds or expertise, who 
     shall advise and support the Chief Scientist and perform the 
     functions and duties of the Chief Scientist for not more than 
     one year in the event the Chief Scientist is unable to carry 
     out the duties of the Office, or in the event of a vacancy in 
     such position; and
       ``(iii) which may utilize contractors pursuant to 
     applicable laws and regulations, and offer opportunities to 
     fellows under existing programs; and
       ``(E) not less frequently than once each year, in 
     coordination with the National Oceanic and Atmospheric 
     Administration Science Council, produce and make publicly 
     available a report that--
       ``(i) describes the Administration's implementation of the 
     science and technology strategy and scientific 
     accomplishments from the past year;
       ``(ii) details progress toward goals and challenges faced 
     by the Administration's science and technology portfolio and 
     scientific workforce;
       ``(iii) provides a summary of Administration-funded 
     research, including--
       ``(I) the percentage of Administration-funded research that 
     is funded intramurally;
       ``(II) the percentage of Administration-funded research 
     that is funded extramurally, including the relative 
     proportion of extramural research that is carried out by--

       ``(aa) the private sector;
       ``(bb) Cooperative Institutes;
       ``(cc) academia;
       ``(dd) nongovernmental organizations; and
       ``(ee) other categories as necessary; and

       ``(III) a summary of Administration-funded research that is 
     transitioned to operations, applications, commercialization, 
     and utilization; and
       ``(iv) provides reporting on scientific integrity actions, 
     including by specifying the aggregate number of scientific 
     and research misconduct cases, the number of consultations 
     conducted, the number of allegations investigated, the number 
     of findings of misconduct, and a summary of actions in 
     response to such findings.
       ``(3) Nothing in this subsection may be construed as 
     impeding the ability of the Administrator to select any 
     person for the position of Chief Scientist the Administrator 
     determines is qualified to serve in such position.''.
       (b) Saving Clause.--The individual serving as Chief 
     Scientist of the National Oceanic and Atmospheric 
     Administration on the day before the date of the enactment of 
     this Act may continue to so serve until such time as the 
     Administrator of the National Oceanic and Atmospheric 
     Administration selects such a Chief Scientist in accordance 
     with subsection (d) of section 2 of Reorganization Plan No. 4 
     of 1970 (5 U.S.C. App), as amended by subsection (a).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Beyer) and the gentleman from Oklahoma (Mr. Lucas) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. BEYER. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and to include extraneous material on H.R. 3952, the bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. BEYER. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in support of H.R. 3952, the NOAA Chief 
Scientist Act.
  Scientific integrity is a critical component of scientific research.
  NOAA supports the American public in a variety of ways but is well 
known for its provision of civilian weather forecasts, watches, and 
warnings. This is why it is important for the agency to

[[Page H7096]]

be considered a trusted scientific authority. The role of NOAA's chief 
scientist is pivotal in this respect.
  While this position is statutorily defined, prior to this bill, the 
role lacked clear expectations and responsibilities or even 
qualifications. This has led to inconsistencies in how the role has 
been carried out historically.
  This bill clarifies the role of the chief scientist to ensure that 
they adhere to and uphold scientific integrity directives at NOAA.
  This commitment to scientific integrity at the highest levels of 
NOAA's leadership further underscores its importance to the agency's 
mission. This bill also requires the NOAA administrator to consider 
candidates with an established background of practice-led research and 
scientific achievement in fields relevant to NOAA's mission. This 
ensures the chief scientist will have pertinent experiences and 
expertise to draw from while carrying out this role.
  H.R. 3952 also establishes an Office of the Chief Scientist within 
NOAA. Critically, this office will support the chief scientist's 
efforts to foster an environment that would encourage the recruitment 
and retention of a diverse scientific workforce. Diversity is a key 
component of ensuring that all voices and research perspectives are 
heard.
  Attracting scientists with a diversity of backgrounds and expertise 
will allow NOAA to approach research questions from new perspectives.
  I also take a moment to acknowledge NOAA's recent appointment of Dr. 
Sarah Kapnick as NOAA's chief scientist. Dr. Kapnick has a rich 
background that includes experience as a physical scientist at NOAA and 
more recently in the private sector. She embodies many of the qualities 
identified for consideration in a chief scientist that this bill 
requires, and I congratulate her on her selection.
  I also thank the gentlewoman from New Jersey (Ms. Sherrill) and the 
gentleman from Iowa (Mr. Feenstra) for working together to introduce 
this bipartisan bill. I urge my colleagues to support this bill's 
passage.
  Madam Speaker, I reserve the balance of my time.
  Mr. LUCAS. Madam Speaker, I rise in support of H.R. 3952, the NOAA 
Chief Scientist Act, and I yield myself such time as I may consume.
  The National Oceanic and Atmospheric Administration, or NOAA to most 
of us, has a broad mission that includes monitoring and conserving our 
coasts, strengthening fisheries, forecasting severe weather, and 
improving emergency management. That is just a small sample of what 
they do.
  Their work either involves directly conducting research or using 
research to inform how they can provide the best services to American 
industries and communities. That is why the position of chief scientist 
at NOAA is so important. The chief scientist is tasked with advising 
the NOAA administrator, providing direction for NOAA's science and 
technology policies, and leading scientific integrity efforts.
  This bill doesn't create a new role for the chief scientist at NOAA. 
That position has been utilized by the agency for a long time now. 
Instead, in recognition of how important it is for the agency to have a 
chief scientist, this bill simply makes that role's existing 
responsibilities into law.
  It also ensures that the position will never be vacant for long by 
creating a process for naming an acting chief scientist when the role 
is empty. And having an office support staff for the chief scientist 
will make sure critical activities don't slip through the cracks.
  We rely on NOAA to perform critical R&D and to implement sound 
scientific policies. Doing so requires capable scientific research, and 
this bill ensures that NOAA will always have that. It is especially 
timely, given that earlier this month Sarah Kapnick was named to the 
role of chief scientist at NOAA. I wish her luck there. I hope she will 
continue NOAA's long history of scientific excellence.
  Madam Speaker, I urge my colleagues to support this bill, and I 
reserve the balance of my time.
  Mr. BEYER. Madam Speaker, I have no further requests for time, and I 
reserve the balance of my time.
  Mr. LUCAS. Madam Speaker, I yield myself such time as I may consume 
to close.
  Madam Speaker, the NOAA Chief Scientist Act is smart legislation that 
codifies an important existing role at NOAA.
  A scientific agency needs scientific leadership, and H.R. 3952 
ensures that NOAA will always have that in place.
  I thank the gentlewoman from New Jersey (Ms. Sherrill), the chair of 
our Environment Subcommittee, for introducing this bill. I also thank 
the gentleman from Iowa (Mr. Feenstra), the ranking member of the 
Research and Technology Subcommittee, for leading the Republican side.
  Madam Speaker, this is a smart, simple bill, and I urge my colleagues 
to support it, and I yield back the balance of my time.
  Mr. BEYER. Madam Speaker, I urge my colleagues to support H.R. 3952, 
and I yield back the balance of my time.
  Ms. JOHNSON of Texas. Madam Speaker, I rise I support of H.R. 3952, 
the NOAA Chief Scientist Act, as amended. This bill takes measures to 
better support and define the role of the Chief Scientist at the 
National Oceanic and Atmospheric Administration.
  One of my great priorities as Chairwoman of the Science Committee has 
been reinforcing the importance of scientific integrity across our 
federal science agencies. The NOAA Chief Scientist Act prioritizes 
scientific integrity at the highest levels of leadership at NOAA by 
requiring the Chief Scientist to publicly acknowledge his or her 
commitment to agency scientific integrity policies. Scientific 
integrity and transparency are integral to ensuring federal agencies 
can maintain their status as trusted resources to Americans.
  This bill lays out qualifications for the Chief Scientist, as this 
role should be held by someone with expertise and experience in the 
field. This bill includes additional provisions that would support the 
expanded role of the Chief Scientist and make the science and 
technology activities of the agency transparent and accessible to the 
public.
  This bipartisan bill was introduced by Representative Sherrill of New 
Jersey and Representative Feenstra from Iowa, who worked together on 
its provisions. I am proud of the Science Committee's work this 
Congress to develop scientifically sound, bipartisan legislation. I am 
pleased to be a cosponsor of a bill that advances scientific integrity 
at NOAA and urge my colleagues to support it.
  I include in the Record an exchange of letters on H.R. 3952 sent 
between the Committee on Science, Space, and Technology and the 
Committee on Natural Resources.
         House of Representatives, Committee on Science, Space, 
           and Technology,
                                     Washington, DC, May 24, 2022.
     Hon. Raul M. Grijalva,
     Chairman, Committee on Natural Resources, Longworth House 
         Office Building, Washington, DC.
       Dear Chairman Grijalva: I am writing you concerning H.R. 
     3952, the ``NOAA Chief Scientist Act'' which was referred to 
     the Committee on Science, Space, and Technology and 
     sequentially to the Committee on Natural Resources. I 
     appreciate your willingness to work cooperatively on this 
     bill. I recognize that the bill contains provisions that fall 
     within the jurisdiction of the Committee on Natural 
     Resources. I acknowledge that you will waive further 
     consideration of H.R. 3952, that this action is not a waiver 
     of future jurisdictional claims by the Committee on Natural 
     Resources over this subject matter.
       I will make sure to include a copy of our exchange of 
     letters in the Congressional Record and will support the 
     appointment of conferees from the Committee on Natural 
     Resources during any House-Senate conference involving this 
     legislation. Thank you for your cooperation on this 
     legislation.
           Sincerely,
                                            Eddie Bernice Johnson,
     Chairwoman, Committee on Science, Space, and Technology.
                                  ____

                                         House of Representatives,


                               Committee on Natural Resources,

                                     Washington, DC, May 24, 2022.
     Hon. Eddie Bernice Johnson,
     Chair, Committee on Science, Space, and Technology, House of 
         Representatives, Washington, DC.
       Dear Chair Johnson: In recognition of the goal of 
     expediting consideration of H.R. 3952, the ``NOAA Chief 
     Scientist Act,'' the Committee on Natural Resources agrees to 
     waive formal consideration of the bill as to provisions that 
     fall within the Rule X jurisdiction of the Committee on 
     Natural Resources.
       The Committee on Natural Resources takes this action with 
     the mutual understanding that, in doing so, we do not waive 
     any jurisdiction over the subject matter contained in this or 
     similar legislation, and that the Committee will be 
     appropriately consulted and involved as the bill or similar 
     legislation moves forward so that we may address any 
     remaining issues within our jurisdiction. Our Committee also 
     reserves the right to seek appointment of conferees to any 
     House-Senate conference involving this or similar 
     legislation.
       I also ask that a copy of our exchange of letters on this 
     matter be included in the Congressional Record. I appreciate 
     your cooperation regarding this legislation and look

[[Page H7097]]

     forward to continuing to work with you as this measure moves 
     through the legislative process.
           Sincerely,
                                                 Raul M. Grijalva,
                         Chair, House Natural Resources Committee.

  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Beyer) that the House suspend the rules 
and pass the bill, H.R. 3952, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. TIFFANY. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________