[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3980 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3980
To formally establish within statute an independent scientific research
and development agency known as the National Oceanic and Atmospheric
Administration, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 9, 2023
Mr. Lucas (for himself, Mr. Weber of Texas, Mr. Babin, Mr. Baird, Mr.
Mike Garcia of California, Mrs. Bice, Mr. Obernolte, Mr. Fleischmann,
Mr. Issa, Mr. Crawford, Ms. Tenney, Mr. Miller of Ohio, Mr. Williams of
New York, and Mr. Kean of New Jersey) introduced the following bill;
which was referred to the Committee on Science, Space, and Technology,
and in addition to the Committee on Natural Resources, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To formally establish within statute an independent scientific research
and development agency known as the National Oceanic and Atmospheric
Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Oceanic
and Atmospheric Administration Act of 2023''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
TITLE I--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Sec. 101. Establishment.
Sec. 102. Functions of the Administrator.
Sec. 103. Authority of the Administrator.
Sec. 104. Science advisory board.
TITLE II--GENERAL PROVISIONS
Sec. 201. Recommendations to Congress.
Sec. 202. Conforming repeals.
Sec. 203. Savings provision.
Sec. 204. Reorganization plan.
Sec. 205. National Weather Service.
Sec. 206. Office of Space Commerce.
Sec. 207. Study.
Sec. 208. Effective date.
SEC. 2. PURPOSE.
The purpose of this Act is to establish the National Oceanic and
Atmospheric Administration as an independent scientific research and
development agency with an overarching statutory framework that focuses
on Earth system science, maintaining the Administration's core mission
and functions while allowing it to restructure and prioritize under an
organic statute.
TITLE I--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
SEC. 101. ESTABLISHMENT.
(a) Establishment.--There is established in the executive branch an
independent agency to be known as the National Oceanic and Atmospheric
Administration (in this Act referred to as the ``Administration'').
(b) Administrator.--
(1) In general.--The Administration shall be headed by an
Administrator (in this Act referred to as the
``Administrator''), who shall be appointed by the President
with the advice and consent of the Senate. The Administrator
shall carry out the functions described in section 102 and, in
the performance of those functions, shall have the authorities
described in section 103.
(2) Authority.--Any authority, power, or function vested by
law in the National Oceanic and Atmospheric Administration, in
the Under Secretary of Commerce for Oceans and Atmosphere, or
in any officer, employee, or part of the National Oceanic and
Atmospheric Administration, or vested by law in the Secretary
of Commerce and delegated to the Under Secretary of Commerce
for Oceans and Atmosphere, or their designee, is vested in, and
may be exercised by, the Administrator or their designee, as
appropriate.
(3) References.--Any reference in law or regulation to the
``Under Secretary of Commerce for Oceans and Atmosphere'' shall
be deemed to be a reference to the Administrator.
(c) Positions.--There shall be in the Administration the following:
(1) A Deputy Administrator, to be appointed by the
President with the advice and consent of the Senate, who shall
carry out such duties as the Administrator may prescribe.
(2) An Associate Administrator for Environmental
Observation and Prediction, to be appointed by the President
with the advice and consent of the Senate.
(3) A Chief Scientist, to be appointed by the
Administrator.
(4) A General Counsel, to be appointed in accordance with
section 5316 of title 5, United States Code.
SEC. 102. FUNCTIONS OF THE ADMINISTRATOR.
The Administrator shall--
(1) plan, direct, and conduct--
(A) atmospheric, oceanic, hydrologic, Great Lakes,
coastal, geodetic, geomagnetic, biological, and social
science and research, including monitoring, analyses,
education, research to operations, and operations to
research;
(B) Earth observations and space physics
operations, which include space-based observations of
the earth and sun;
(C) ocean exploration, mapping, and
characterization;
(D) atmospheric, terrestrial and space weather,
climate, oceanic, hydrologic, Great Lakes, and coastal
forecasting;
(E) conservation, management, and protection of
oceanic, hydrologic, Great Lakes, and coastal
resources, and science, research, and analysis related
to such resources;
(F) oceanic, hydrologic, Great Lakes, and coastal
response and restoration;
(G) education, outreach, and associated activities;
(H) other areas of research related to the
preceding items as determined appropriate by the
Administrator; and
(I) enforcement of any other provision of Federal
law that assigns enforcement authority to the
Administration;
(2) support the widest practicable participation by the
scientific community, including participants in the private
sector, academia, Federal, State, local, Tribal, and
territorial governmental entities, Indigenous peoples, and
other appropriate domestic and foreign governmental and non-
governmental entities, in carrying out the activities described
in paragraph (1), including through the acceptance by the
Administration of private resources, which may include data,
models, vessels, aircraft, satellites, buoys, and other related
infrastructure, to carry out such activities;
(3) provide for full and open public dissemination of
information regarding activities, initiatives, methods, data,
and results of the Administration, as appropriate, and in
compliance with applicable law, including the acquisition of
commercially sourced data; and
(4) establish and promote an inclusive culture of
scientific excellence and integrity.
SEC. 103. AUTHORITY OF THE ADMINISTRATOR.
(a) Officers and Employees.--The Administrator, in accordance with
title 5, United States Code, may appoint and fix the compensation of
such officers and employees as the Administrator determines
appropriate, within the regulations and guidelines established by the
Office of Personnel Management.
(b) Property.--The Administrator may--
(1) procure, acquire, construct, improve, repair, operate,
and maintain such laboratories, research and testing sites and
facilities, equipment, vessels, aircraft, buoys, satellites,
surface observing sites, other similar infrastructure,
autonomous or unmanned vehicles, and office and educational
facilities as the Administrator deems necessary;
(2) lease real and personal property;
(3) sell and otherwise dispose of real and personal
property and reinvest any proceeds from such sale or
disposition of property into recapitalization of property; and
(4) provide by contract or otherwise for necessary
amenities for the welfare of employees and maintenance of
property of the Administration.
(c) Gifts.--The Administrator may accept gifts or donations of
services for the benefit of the agency, including money or property,
whether real, personal, or mixed, and whether tangible or intangible.
(d) Contracts, Leases, and Agreements.--The Administrator may enter
into and perform such contracts, leases, agreements (including
cooperative agreements), or other transactions as may be necessary in
the conduct of the work of the Administration.
(e) Cooperation With Federal Agencies and Others.--The
Administrator--
(1) may use the services, equipment, personnel, land, and
facilities of Federal, State, local, Tribal, and territorial
governmental entities, Indigenous peoples, and other
appropriate domestic and foreign governmental and non-
governmental entities, with consent and with or without
reimbursement; and
(2) shall cooperate with such entities to permit their use
of Administration services, equipment, land, and facilities in
a manner consistent with the Administration's mission.
(f) International Cooperation.--The Administration, under the
foreign policy guidance of the President, may engage in a program of
international cooperation in work done pursuant to the Act, and in the
peaceful application of the results thereof, pursuant to agreements
made by the President with the advice and consent of the Senate.
(g) Advisory Committees.--The Administrator may appoint such
advisory committees as the Administrator considers appropriate to
provide consultation and advice.
(h) Offices and Procedures.--The Administrator may establish within
the Administration such offices and procedures as may be appropriate to
provide for the greatest possible coordination of its activities with
related public and private agencies and entities.
SEC. 104. SCIENCE ADVISORY BOARD.
(a) In General.--There shall be within the Administration a Science
Advisory Board, which shall provide such scientific advice as may be
requested by the Administrator, the Committee on Science, Space, and
Technology of the House of Representatives, or the Committee on
Commerce, Science, and Transportation of the Senate.
(b) Purpose.--The purpose of the Science Advisory Board is to
advise the Administrator and Congress on long-range and short-range
strategies for research, education, and the application of science to
resource management and environmental assessment, observation, and
prediction.
(c) Members.--
(1) In general.--The Science Advisory Board shall be
composed of at least 15 members appointed by the Administrator.
Each member of the Board shall be qualified by education,
training, and experience to evaluate scientific and technical
information on matters referred to the Board under this
section.
(2) Terms of service.--Members shall be appointed for 3-
year terms, renewable once, and shall serve at the discretion
of the Administrator. An individual serving a term as a member
of the Science Advisory Board on the date of enactment of this
Act may complete that term, and may be reappointed once for
another term of 3 years unless the term being served on such
date of enactment is the second term served by that individual.
Vacancy appointments shall be for the remainder of the
unexpired term of the vacancy, and an individual so appointed
may subsequently be appointed for 2 full 3-year terms if the
remainder of the unexpired term is less than 1 year.
(3) Chairperson.--The Administrator shall designate a
chairperson from among the members of the Board.
(4) Appointment.--Members of the Science Advisory Board
shall be appointed as special Government employees, within the
meaning given such term in section 202(a) of title 18, United
States Code.
(d) Administrative Provisions.--
(1) Administrative support.--The Administrator shall
provide administrative support to the Science Advisory Board.
(2) Meetings.--The Science Advisory Board shall meet at
least twice each year, and at other times at the call of the
Administrator or the Chairperson.
(3) Compensation and expenses.--A member of the Science
Advisory Board shall not be compensated for service on such
board, but may be allowed travel expenses, including per diem
in lieu of subsistence, in accordance with subchapter I of
chapter 57 of title 5, United States Code.
(4) Subcommittees.--The Science Advisory Board may
establish such subcommittees of its members as may be
necessary. The Science Advisory Board may establish task forces
and working groups consisting of Board members and outside
experts as may be necessary.
(e) Expiration.--Section 14 of the Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Science Advisory Board.
(f) Strategic Plan for Research and Development.--Not later than 1
year after the date of enactment of this Act, and once every 5 years
thereafter, the Administrator shall consult with the Science Advisory
board to develop a strategic plan for research and development at the
Administration. The plan shall include--
(1) an assessment of the science and technology needs of
the Administration based on the Administration's operational
requirements and on input provided by external stakeholders at
the national, regional, State, and local levels; and
(2) a strategic plan that assigns specific programs within
the Administration the responsibility to meet each need
identified under paragraph (1) and that describes the extent to
which each need identified in paragraph (1) will be addressed
through--
(A) intramural research;
(B) extramural, peer-reviewed, competitive grant
programs; and
(C) work done in cooperation with other Federal
agencies.
(g) National Academy of Sciences Review.--The Administrator shall
enter into an arrangement with the National Academy of Sciences for a
review of the plan developed under subsection (f).
(h) Transmittal to Congress.--Not later than 18 months after the
date of enactment of this Act, the Administrator shall transmit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate the initial strategic plan developed under
subsection (f) and the review prepared pursuant to subsection (g).
Subsequent strategic plans developed under subsection (f) shall also be
transmitted to those committees upon completion.
TITLE II--GENERAL PROVISIONS
SEC. 201. RECOMMENDATIONS TO CONGRESS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and at any appropriate time thereafter, the
Administrator shall provide to the Committee on Science, Space, and
Technology of the House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee on Natural
Resources of the House of Representatives recommendations for
technical, conforming, or other amendments necessary--
(1) to assist the transition of the Administration to an
independent agency; or
(2) to further the policy and purpose of this Act.
(b) Consultation.--In developing any recommendations pursuant to
subsection (a), the Administrator shall consult with the Office of the
Law Revision Counsel of the House of Representatives.
SEC. 202. CONFORMING REPEALS.
(a) Effect of Reorganization Plan.--Reorganization Plan No. 4 of
1970 shall have no further force and effect.
(b) NOAA Officers.--Subsections (a) and (b) of section 407 of
Public Law 99-659 (15 U.S.C. 1503b; 1507c) are hereby repealed.
SEC. 203. SAVINGS PROVISION.
(a) Existing Requirements.--All rules and regulations,
determinations, standards, policies, agreements, contracts, including
collective bargaining agreements, certifications, authorizations,
appointments, delegations of authority, results and findings of
investigations, and other decisions or actions duly issued, made, or
taken pursuant to or under the authority of any statute or executive
order which resulted in the assignment of functions or activities to
the National Oceanic and Atmospheric Administration, the Under
Secretary of Commerce for Oceans and Atmosphere, or to any officer,
employee, or part of the National Oceanic and Atmospheric
Administration, or to the Secretary of Commerce and delegated to the
Under Secretary of Commerce for Oceans and Atmosphere, or their
designee, that are in effect immediately before the date of enactment
of this Act shall continue in full force and effect after the effective
date of this Act until modified or rescinded.
(b) Suits, Appeals, Judgments.--In the case of any action or
proceeding relating to the functions or activities described in
subsection (a) pending on the date of enactment of this Act, the rights
of the parties at issue in such proceeding shall, to the maximum extent
practicable, be undisturbed by this Act. For purposes of any such
action or proceeding, the provisions of Reorganization Plan No. 4 of
1970 and subsections (a) and (b) of section 407 of Public Law 99-659 as
in effect on the day before such date of enactment shall apply.
(c) Discussion of Research.--Nothing in this Act shall be construed
to limit the ability of an Administration employee to discuss
scientific research performed by that employee in accordance with the
Administration's scientific integrity policies.
(d) Existing Authorities Under Law.--Nothing in this Act shall be
construed to modify any authority under law existing immediately before
the date of enactment of this Act, except as explicitly provided
herein, including by--
(1) altering the responsibilities or authorities of any
other Federal agency;
(2) authorizing or prohibiting the transfer of any program,
function, or project from other Federal agencies to the
Administration; or
(3) expanding, modifying, or superseding any existing
regulatory or other authority of the Administration.
(e) Authorities With Respect to Public Buildings.--
(1) In general.--Nothing in this Act shall be construed to
grant the Administrator any authority to construct, alter,
repair, or acquire by any means a public building (as defined
in section 3301 of title 40, United States Code) or to grant
any authority to lease general purpose office or storage space
in any building.
(2) Interaction with other similar authorities.--Nothing in
this Act shall be construed to diminish any authority the
Administrator has immediately before the date of enactment of
this Act to construct, alter, repair, or acquire by any means a
public building (as defined in section 3301 of title 40, United
States Code) or to diminish any authority the Administrator has
immediately before the date of enactment of this Act to lease
general purpose office or storage space in any building
(regardless of whether those authorities are derived from laws,
executive orders, rules, regulations, or delegations of
authority from the Secretary of Commerce).
SEC. 204. REORGANIZATION PLAN.
(a) Schedule.--
(1) Initial plan.--Not later than 18 months after the date
of enactment of this Act, the Administrator shall develop a
reorganization plan for the Administration in accordance with
this section and shall publish the plan in the Federal
Register. The Federal Register notice shall solicit comments
for a period of at least 60 days.
(2) Revised plan.--Not later than 180 days after the
expiration date of the comment period described in paragraph
(1), the Administrator shall transmit to Congress a revised
version of the plan that takes into account the comments
received. The Administrator shall also publish the revised plan
in the Federal Register. The Administrator shall transmit and
publish, along with the plan, an explanation of how the
Administrator dealt with significant issues raised by the
comments received.
(3) Implementation.--The Administrator shall implement the
plan not later than 180 days after the plan has been
transmitted to the Congress.
(b) Content.--The plan, to the greatest extent practicable, shall--
(1) consistent with the other provisions of this Act,
maximize the efficiency with which the Administration carries
out the core functions of--
(A) science and research;
(B) operations;
(C) predictions and forecasts;
(D) products and services;
(E) education and outreach;
(F) earth observations and space weather
observations;
(G) resource management; and
(H) enforcement;
(2) improve the sharing of research and other information
that is of use across programmatic themes; and
(3) minimize duplication of effort or overlapping efforts
and promote coordination among offices.
(c) Consultation.--In developing the plan, the Administrator shall
consult with interested parties, including other Federal, State, local,
Tribal, and territorial governmental entities, Indigenous peoples, and
other appropriate domestic and foreign governmental and non-
governmental entities, academia, industry, and Administration
employees, contractors, and grantees.
SEC. 205. NATIONAL WEATHER SERVICE.
(a) In General.--The Administrator shall maintain within the
Administration the National Weather Service.
(b) Mission.--The mission of the National Weather Service is to
provide weather, water, climate, tsunami, and space weather forecasts
and warnings for the United States, its territories, adjacent waters,
and ocean areas for the protection of life and property and the
enhancement of the national economy. In carrying out the mission of the
National Weather Service, the Administrator shall ensure that the
National Weather Service--
(1) provides timely and accurate weather, water, climate,
tsunami, and space weather forecasts; and
(2) provides timely and accurate warnings of natural
hazards related to weather, water, climate, and tsunamis, and
of space weather hazards.
(c) Functions.--The functions of the National Weather Service shall
include--
(1) maintaining a network of local weather forecast
offices, river forecast centers, and center weather service
units;
(2) maintaining a network of observation systems to collect
weather and climate data;
(3) operating national centers to deliver guidance,
forecasts, warnings, and analysis about weather, water,
climate, tsunami, and space weather phenomena for the
Administration and the public;
(4) providing information to Federal agencies and other
organizations responsible for emergency preparedness and
response as required by law;
(5) conducting and supporting applied research to
facilitate the rapid incorporation of weather and climate
science advances into operational tools; and
(6) other functions the Administrator determines to be
necessary to serve the mission of the National Weather Service
described in subsection (b).
SEC. 206. OFFICE OF SPACE COMMERCE.
Subsection (b) of section 50702 of title 51, United States Code, is
amended--
(1) by striking ``The Office shall be headed'' and
inserting the following:
``(1) In general.--The Office shall be headed''; and
(2) by adding at the end the following:
``(2) Direct report.--The Director shall report directly to
the Secretary of Commerce.''.
SEC. 207. STUDY.
(a) In General.--The Administrator shall contract with the National
Academy of Public Administration to conduct a study examining the
feasibility and merits of transferring parts or all of the Endangered
Species Act (ESA) and Marine Mammal Protection Act (MMPA) management
functions into a single agency or department.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to Congress a report on the
results of the study conducted under subsection (a).
SEC. 208. EFFECTIVE DATE.
The provisions of this Act shall take effect on the date that is 6
months after the date of the enactment of this Act.
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