[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3952 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  2d Session
                                H. R. 3952


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2022

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
 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.

    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).

            Passed the House of Representatives July 27, 2022.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.