[Congressional Record (Bound Edition), Volume 152 (2006), Part 14]
[House]
[Pages 18728-18737]
[From the U.S. 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.

[[Page 18729]]

       (3) The term ``Secretary'' means the Secretary of Commerce.

     SEC. 3. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

       (a) In General.--There shall be in the Department of 
     Commerce an agency known as the National Oceanic and 
     Atmospheric Administration.
       (b) Mission.--The mission of the Administration is to 
     understand the systems of the Earth's oceans and atmosphere 
     and predict changes in the Earth's oceans and atmosphere and 
     the effects of such changes on the land environment, to 
     conserve and manage coastal, ocean, and Great Lakes 
     ecosystems to meet national economic, social, and 
     environmental needs, and to educate the public about these 
     topics.
       (c) Functions.--The functions of the Administration shall 
     include--
       (1) collecting, through observation and other means, 
     communicating, analyzing, processing, and disseminating 
     comprehensive scientific data and information about weather 
     and climate, solar and geophysical events on the Sun and in 
     the space environment, and about the coasts, oceans, Great 
     Lakes, upper reaches of estuaries, and hydrologic systems;
       (2) operating and maintaining a system for the storage, 
     retrieval, and dissemination of data relating to weather and 
     climate, solar and geophysical events on the Sun and in the 
     space environment, and about the coasts, oceans, Great Lakes, 
     upper reaches of estuaries, and hydrologic systems;
       (3) using observational data and technologies developed by 
     other Federal agencies to improve the Administration's 
     operations;
       (4) conducting and supporting basic and applied research, 
     development, and technology transfer as may be necessary to 
     carry out the mission described in subsection (b);
       (5) issuing weather, water, climate, space weather, 
     tsunami, and other forecasts and warnings related to Earth's 
     oceans and atmosphere;
       (6) coordinating efforts of Federal agencies with respect 
     to meteorological services;
       (7) understanding the science of Earth's climate and 
     related systems, and undertaking research and development to 
     enhance society's ability to plan for and respond to climate 
     variability and change;
       (8) protecting, restoring, and managing the use of, the 
     coasts, oceans, and Great Lakes through ecosystem-based 
     research, development, demonstration, and management;
       (9) administering public outreach and education programs 
     and services to increase scientific and environmental 
     literacy about weather and climate, solar and geophysical 
     events on the Sun and in the space environment, and the 
     coasts, oceans, Great Lakes, upper reaches of estuaries, and 
     hydrologic systems;
       (10) providing, as appropriate and in cooperation with the 
     Secretary of State, representation at all international 
     meetings and conferences relating to the mission of the 
     Administration, including meteorological, climate, and Earth 
     and ocean observing issues;
       (11) any other function assigned to the Administration by 
     law; and
       (12) such other functions as are necessary to accomplish 
     the mission described in subsection (b).

     SEC. 4. ADMINISTRATION LEADERSHIP.

       (a) Administrator.--
       (1) In general.--There shall be, as the Administrator of 
     the Administration, an Under Secretary of Commerce for Oceans 
     and Atmosphere. The Administrator shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The Administrator shall be paid at the rate of basic pay for 
     level III of the Executive Schedule.
       (2) Functions.--The Administrator shall be responsible 
     for--
       (A) general management;
       (B) policy development and guidance;
       (C) budget formulation, guidance, and execution;
       (D) serving as the Department of Commerce official for all 
     ocean and atmosphere issues with other elements of the 
     Department of Commerce and with other Federal agencies, 
     State, tribal, and local governments, and the public; and
       (E) such other duties with respect to the Administration as 
     the Secretary may prescribe.
       (3) Delegation of authority.--The Administrator may, except 
     as otherwise prohibited by law--
       (A) delegate any functions, powers, or duties of the 
     Administrator to such officers and employees of the 
     Administration as the Administrator may designate; and
       (B) authorize such successive redelegations of such 
     functions, powers, or duties within the Administration as the 
     Administrator considers necessary or appropriate.
       (4) Authorities.--
       (A) In general.--As may be necessary or proper to carry out 
     the Administration's functions under this Act or as otherwise 
     provided by law, the Administrator may--
       (i) promulgate rules and regulations;
       (ii) enter into and perform contracts, leases, grants, and 
     cooperative agreements with Federal agencies, State and local 
     governments, Indian tribes, international organizations, 
     foreign governments, educational institutions, nonprofit 
     organizations, and commercial organizations;
       (iii) use, with their consent, and with or without 
     reimbursement, the services, equipment, personnel, and 
     facilities of other departments, agencies, and 
     instrumentalities of the Federal Government; and
       (iv) conduct education and outreach in direct support of 
     the mission described in section 3(b).
       (B) Exception.--The authorities conferred on the 
     Administrator by this paragraph do not include the authority 
     to contract for services that are an inherently governmental 
     function as defined in section 5 of the Federal Activities 
     Inventory Reform Act of 1998 (31 U.S.C. 501 note).
       (b) Assistant Secretary for Oceans and Atmosphere.--
       (1) In general.--There shall be, as Deputy Administrator of 
     the Administration, an Assistant Secretary of Commerce for 
     Oceans and Atmosphere. The Assistant Secretary shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate. The Assistant Secretary shall be the 
     Administrator's first assistant for purposes of subchapter 
     III of chapter 33 of title 5, United States Code. The 
     Assistant Secretary shall be paid at the rate of basic pay 
     for level IV of the Executive Schedule.
       (2) Functions.--The Assistant Secretary shall perform such 
     functions and exercise such powers as the Administrator may 
     prescribe and shall act as Administrator during the absence 
     or disability of the Administrator or in the event of a 
     vacancy in the office of Administrator.
       (c) Deputy Under Secretary for Oceans and Atmosphere.--
       (1) In general.--There shall, be as the Chief Operating 
     Officer of the Administration, a Deputy Under Secretary of 
     Commerce for Oceans and Atmosphere. The Deputy Under 
     Secretary shall be appointed by the Secretary. The position 
     of Deputy Under Secretary shall be a Senior Executive Service 
     position authorized under section 3133 of title 5, United 
     States Code.
       (2) Functions.--The Deputy Under Secretary--
       (A) shall ensure the timely and effective implementation of 
     Administration policies and objectives;
       (B) shall be responsible for all aspects of the 
     Administration's operations and management, including budget, 
     financial operations, information services, facilities, human 
     resources, procurements, and associated services;
       (C) in the absence or disability of the Assistant 
     Secretary, or in the event of a vacancy in such position, 
     shall act in that position; and
       (D) shall perform such other duties as the Administrator 
     shall prescribe.
       (d) Deputy Assistant Secretary for Science and Education.--
       (1) In general.--There shall be in the Administration a 
     Deputy Assistant Secretary for Science and Education who 
     shall coordinate and oversee the science and education 
     activities of the Administration and their application to 
     Administration decisions and operations. The Deputy Assistant 
     Secretary for Science and Education shall be appointed by the 
     Secretary. The position of Deputy Assistant Secretary for 
     Science and Education shall be a Senior Executive Service 
     career reserved position as defined in section 3132(a)(8) of 
     title 5, United States Code.
       (2) Functions.--The Deputy Assistant Secretary for Science 
     and Education shall--
       (A) coordinate research and development activities across 
     the Administration;
       (B) review the Administration's annual budget to ensure 
     that funding for research and development is adequate, 
     properly focused, and carried out by the appropriate entities 
     across the Administration;
       (C) advise the Administrator on how research results can be 
     applied to operational use;
       (D) advise the Administrator regarding science issues and 
     their relationship to Administration policies, procedures, 
     and decisions;
       (E) participate in developing the Administration's 
     strategic plans and policies and review the science and 
     education aspects of those plans and policies;
       (F) serve as liaison to the nongovernmental science 
     community;
       (G) develop and oversee guidelines for peer review of 
     research sponsored or conducted by the Administration;
       (H) oversee implementation of the strategic plan for 
     research and development required under section 9(b);
       (I) oversee management of laboratories in the 
     Administration;
       (J) oversee the research and education programs of the 
     Administration; and
       (K) perform such other duties as the Administrator shall 
     prescribe.
       (3) Qualifications.--An individual appointed under 
     paragraph (1) shall be a person who has an outstanding 
     science and education background, including research 
     accomplishments, scientific reputation, and public policy 
     experience.
       (4) Consultation.--Before appointing an individual under 
     paragraph (1), the Secretary shall consult with the National 
     Academy of Sciences, the Science Advisory Board of the 
     Administration, and other appropriate scientific 
     organizations.

[[Page 18730]]

       (e) Deputy Assistant Secretaries.--There may be in the 
     Administration no more than two additional Deputy Assistant 
     Secretaries whose duties may be designated by the 
     Administrator. The Deputy Assistant Secretaries shall be 
     appointed by the Secretary. The positions of Deputy Assistant 
     Secretaries shall be Senior Executive Service positions 
     authorized under section 3133 of title 5, United States Code.
       (f) General Counsel.--
       (1) In general.--There shall be in the Administration a 
     General Counsel. The General Counsel shall be appointed by 
     the Secretary. The General Counsel shall be paid at the rate 
     of basic pay for level V of the Executive Schedule.
       (2) Functions.--The General Counsel--
       (A) shall serve as the chief legal officer of the 
     Administration for all legal matters that arise in connection 
     with the conduct of the functions of the Administration; and
       (B) shall perform such other functions and exercise such 
     powers as the Administrator may prescribe.
       (g) Continuation of Service.--Any individual serving on the 
     effective date of this Act in a position provided for in this 
     Act may continue to serve in that position until a successor 
     is appointed under this Act. Nothing in this Act shall be 
     construed to require the appointment of a successor under 
     this Act sooner than would have been required under law as in 
     effect before the effective date of this Act.

     SEC. 5. NATIONAL WEATHER SERVICE.

       (a) In General.--The Secretary shall maintain within the 
     Administration the National Weather Service.
       (b) Mission.--The mission of the National Weather Service 
     is to provide weather, water, climate, tsunami, and space 
     weather forecasts and warnings for the United States, its 
     territories, adjacent waters, and ocean areas for the 
     protection of life and property and the enhancement of the 
     national economy. In carrying out the mission of the National 
     Weather Service, the Administrator shall ensure that the 
     National Weather Service--
       (1) provides timely and accurate weather, water, climate, 
     tsunami, and space weather forecasts; and
       (2) provides timely and accurate warnings of natural 
     hazards related to weather, water, climate, and tsunamis, and 
     of space weather hazards.
       (c) Functions.--The functions of the National Weather 
     Service shall include--
       (1) maintaining a network of local weather forecast 
     offices;
       (2) maintaining a network of observation systems to collect 
     weather and climate data;
       (3) operating national centers to deliver guidance, 
     forecasts, warnings, and analysis about weather, water, 
     climate, tsunami, and space weather phenomena for the 
     Administration and the public;
       (4) providing information to Federal agencies and other 
     organizations responsible for emergency preparedness and 
     response as required by law;
       (5) conducting and supporting applied research to 
     facilitate the rapid incorporation of weather and climate 
     science advances into operational tools; and
       (6) other functions to serve the mission of the National 
     Weather Service described in subsection (b).

     SEC. 6. OPERATIONS AND SERVICES.

       (a) In General.--The Secretary shall maintain within the 
     Administration programs to support efforts, on a continuing 
     basis, to collect data and provide information and products 
     regarding satellites, observations, and coastal, ocean and 
     Great Lakes information.
       (b) Functions.--To accomplish the mission described in 
     section 3(b), and in addition to the functions described in 
     section 3(c), the operations and service aspects of the 
     Administration shall include--
       (1) acquiring, managing, and operating coastal, ocean, and 
     Great Lakes observing systems;
       (2) contributing to the operation of a global Earth-
     observing system;
       (3) integrating Administration remote sensing and in situ 
     assets that provide critical data needed to support the 
     mission of the Administration, and providing that data to 
     decisionmakers and the public;
       (4) developing, acquiring, and managing operational 
     environmental satellite programs and associated ground 
     control and data acquisition and delivery facilities to 
     support the mission of the Administration;
       (5) managing and distributing atmospheric, geophysical, and 
     marine data and data products for the Administration through 
     national environmental data centers;
       (6) providing for long-term stewardship of environmental 
     data, products, and information via data processing, storage, 
     reanalysis, reprocessing, and archive facilities;
       (7) issuing licenses for private remote sensing space 
     systems under the Land Remote Sensing Policy Act of 1992;
       (8) administering a national water level observation 
     network, which shall include monitoring of the Great Lakes;
       (9) providing charts and other information for safe 
     navigation of the oceans and inland waters, as provided by 
     law;
       (10) maintaining a fleet of ships and aircraft to support 
     the mission of the Administration; and
       (11) such other operations and services functions to serve 
     the mission of the Administration as the Administrator may 
     prescribe.

     SEC. 7. RESEARCH AND EDUCATION.

       (a) In General.--The Secretary shall maintain within the 
     Administration programs to conduct and support research and 
     education and the development of technologies relating to 
     weather, climate, and the coasts, oceans, and Great Lakes.
       (b) Functions.--To accomplish the mission described in 
     section 3(b), and in addition to the functions described in 
     section 3(c), the research and education aspects of the 
     Administration shall include--
       (1) conducting and supporting research and development to 
     improve the Administration's capabilities to collect, through 
     observation and otherwise, communicate, analyze, process, and 
     disseminate comprehensive scientific data and information 
     about weather, climate, and the coasts, oceans, and Great 
     Lakes;
       (2) improving ecological prediction and management 
     capabilities through ecosystem-based research and 
     development;
       (3) contributing information on the Earth's climate and 
     related systems, obtained through research and observation, 
     that addresses questions confronting policymakers, resources 
     managers, and other users;
       (4) reducing uncertainty in projections of how the Earth's 
     climate and related systems may change in the future;
       (5) fostering the public's ability to understand and 
     integrate scientific information into considerations of 
     national environmental issues through education and public 
     outreach activities;
       (6) administering the National Sea Grant College Program 
     Act;
       (7) conducting and supporting research and development of 
     technology for exploration of the oceans;
       (8) maintaining a system of laboratories to perform the 
     functions described in this subsection;
       (9) supporting extramural peer-reviewed competitive grant 
     programs to assist the Administration in performing the 
     functions described in this subsection; and
       (10) such other research, development, education, and 
     outreach functions to serve the mission of the Administration 
     as the Administrator may prescribe.

     SEC. 8. SCIENCE ADVISORY BOARD.

       (a) In General.--There shall be within the Administration a 
     Science Advisory Board, which shall provide such scientific 
     advice as may be requested by the Administrator, the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, or the Committee on Science 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

[[Page 18731]]

     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 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.

[[Page 18732]]

       (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.
       (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--

[[Page 18733]]

       (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 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.

[[Page 18734]]

  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 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

[[Page 18735]]

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 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.

[[Page 18736]]

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. ALLEN. Mr. Speaker, I rise in support of H.R. 5450 and applaud 
Representative Ehlers, Chairman Boehlert and the members of the House 
Science committee for their work on this bill. However, I am also 
deeply concerned with H.R. 5450. My concern, however, is not what is 
actually in this bill, but what is missing. Because the House Resources 
Committee refused to consider this important legislation, we are now 
debating a bill that does not include authorization for the oceanic 
component of NOAA.
  This greatly disappoints me. As a co-chair of the bipartisan House 
Oceans Caucus, I have worked closely with the line offices of NOAA that 
handle ocean stewardship, and I have always been amazed at the size and 
importance of their mission considering what little Congress gives them 
in the way of guidance or funds. Funding that should go to NOAA to 
bolster ocean research and management already pales in comparison to 
other natural resource programs, and now, we are about to authorize 
only the atmospheric component of NOAA. This is just another example of 
the failure of this Congress to make the management of our oceans a 
priority. This amazes me, considering the size and economic value of 
our oceans.
  We have been called to make our oceans a greater priority for more 
than 6 years now. When are we going to act? After our fish stocks are 
fully depleted? After global warming have caused rising sea levels to 
erode our beaches and the oceans to become so acidic that coral reefs 
have wasted away? In 2000, with the passage of the Oceans Act, Congress 
called for a National Commission on Ocean Policy to conduct a 
nationwide fact-finding mission on the state of our oceans. The goal 
was to develop policy recommendations that

[[Page 18737]]

would lead to a coordinated and comprehensive national ocean policy. 
The independent Pew Oceans Commission underwent a similar process to 
identify the root problems threatening our nations' oceans. The 
products of these two commissions are nothing short of remarkable. Both 
commissions independently came to the same clear message: our oceans 
are in peril.
  It is NOAA that must tackle these challenges. As the lead agency on 
ocean management, both commissions acknowledged the size of the task 
that NOAA faces. Americans are facing declining fish stocks, beach 
closures due to poor water quality, and laws that are inadequate to 
protect America's oceans. Both commissions have called on Congress 
repeatedly to provide NOAA with an organic act. In fact, both have 
listed an organic act as one of the highest priorities in taking steps 
towards better management of our oceans.
  NOAA already administers the core programs that manage our ocean 
resources, and again, does so under an ever tightening budget. For 
example, National Marine Fisheries Service manages all Federal 
fisheries under the Magnuson-Stevens Act. The Office of Ocean and 
Coastal Resource Management administers the Coastal Zone Management Act 
that protects our coasts from pollution and erosion. Congress sure 
likes to give NOAA a lot to do, but nothing to do it with.
  Furthermore, NOAA also administers a number of completely 
unauthorized programs that Americans depend on. The Ocean and 
Atmospheric Research office played a lead role in helping institute an 
integrated ocean observation system based on what we already have in 
the Gulf of Maine. Analogous to the routine monitoring of weather and 
climate, ocean observation collects a myriad of temperature and current 
data that enhances the prediction of hurricanes and storms, the impacts 
of global warming, and is used by search and rescue teams and shipping 
fleets for navigation. Despite the multiple uses of ocean observation, 
the regional associations are now at risk of shutting down because as 
an unauthorized program, they are unable to find a sustainable funding 
path. It is ridiculous. In essence, this innovative program may have to 
shut down for being too ahead of its time.
  The challenges NOAA faces are only going to increase over the next 
century. More than 50 percent of the population already lives in 
coastal counties, and the numbers are rising. To support NOAA in their 
task, Congress must provide it with a full organic act. With an organic 
act, the offices that run the core programs that Americans nation-wide 
depend on would be provided with an established mission. A clear 
mission would help NOAA prioritize and justify itself during 
appropriations, perhaps heading off the crippling cuts that are leveled 
against it each year. Guidance from Congress would also help NOAA 
reorganize and enhance inter-office and inter-agency communication, 
thus making NOAA operations more efficient and streamlined.
  While I support H.R. 5450 for taking us toward the goal of 
authorizing NOAA, we must remember it only takes us halfway. By 
authorizing only the atmospheric and educational components of NOAA, we 
fail half of this vital agency, and I urge Congress to make a full 
organic act for NOAA a priority.
  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.
  A motion to reconsider was laid on the table.

                          ____________________