NOAA Chief Scientist Act

IIB 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 pro- mote scientific integrity and advance the Administra- tion’s world-class research and development portfolio. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 03:58 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3952.RFS H3952 pbinns on DSKJLVW7X2PROD with $$_JOB 2 HR 3952 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘NOAA Chief Scientist 2 Act’’. 3 SEC. 2. AMENDMENT TO REORGANIZATION PLAN NO. 4 OF 4 1970 RELATING TO CHIEF SCIENTIST OF THE 5 NATIONAL OCEANIC AND ATMOSPHERIC AD- 6 MINISTRATION. 7 (a) IN GENERAL.—Subsection (d) of section 2 of Re- 8 organization Plan No. 4 of 1970 (5 U.S.C. App) is amend- 9 ed to read as follows: 10 ‘‘(d)(1) There is in the Administration a Chief Sci- 11 entist of the National Oceanic and Atmospheric Adminis- 12 tration (in this subsection referred to as the ‘Chief Sci- 13 entist’), who shall be selected by the Administrator and 14 compensated at the rate now or hereafter provided for 15 Level V of the Executive Schedule pursuant to section 16 5316 of title 5, United States Code. In selecting a Chief 17 Scientist, the Administrator shall give due consideration 18 to any recommendations for candidates which may be sub- 19 mitted by the National Academies of Sciences, Engineer- 20 ing, and Medicine, the National Oceanic and Atmospheric 21 Administration Science Advisory Board, and other widely 22 recognized, reputable, and diverse United States scientific 23 or academic bodies, including minority serving institutions 24 or other such bodies representing underrepresented popu- 25 lations. The Chief Scientist shall be the principal scientific 26 VerDate Sep 11 2014 03:58 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3952.RFS H3952 pbinns on DSKJLVW7X2PROD with $$_JOB 3 HR 3952 RFS adviser to the Administrator on science and technology 1 policy and strategy, as well as scientific integrity, and shall 2 perform such other duties as the Administrator may di- 3 rect. The Chief Scientist shall be an individual who is, by 4 reason of scientific education and experience, knowledge- 5 able in the principles of scientific disciplines associated 6 with the work of the Administration, and who has pro- 7 duced work of scientific merit through an established 8 record of distinguished service and achievement. 9 ‘‘(2) The Chief Scientist shall— 10 ‘‘(A) adhere to any agency or department sci- 11 entific integrity policy and— 12 ‘‘(i) provide written consent to all applica- 13 ble scientific integrity and other relevant 14 science and technology policies of the Adminis- 15 tration prior to serving in such position, with 16 such written consent to be made available on a 17 publicly accessible website of the Administra- 18 tion; 19 ‘‘(ii) in conjunction with the Administrator 20 and other members of Administration leader- 21 ship, undergo all applicable training programs 22 of the Administration which inform employees 23 of their rights and responsibilities regarding the 24 conduct of scientific research and communica- 25 VerDate Sep 11 2014 03:58 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3952.RFS H3952 pbinns on DSKJLVW7X2PROD with $$_JOB 4 HR 3952 RFS tion with the media and the public regarding 1 scientific research; and 2 ‘‘(iii) in coordination with the Adminis- 3 trator and other members of Administration 4 leadership, make all practicable efforts to en- 5 sure Administration employees and contractors 6 who are engaged in, supervise, or manage sci- 7 entific activities, analyze or communicate infor- 8 mation resulting from scientific activities, or 9 use scientific information in policy, manage- 10 ment, or regulatory decisions, adhere to estab- 11 lished scientific integrity policies of the Admin- 12 istration; 13 ‘‘(B) provide policy and program direction for 14 science and technology priorities of the Administra- 15 tion and facilitate integration and coordination of re- 16 search efforts across line offices of the Administra- 17 tion, with other Federal agencies, and with the ex- 18 ternal scientific community, including through— 19 ‘‘(i) leading the development of a science 20 and technology strategy of the Administration 21 and issuing policy guidance to ensure that over- 22 arching Administration policy is aligned with 23 science and technology goals and objectives; 24 VerDate Sep 11 2014 03:58 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3952.RFS H3952 pbinns on DSKJLVW7X2PROD with $$_JOB 5 HR 3952 RFS ‘‘(ii) chairing the National Oceanic and At- 1 mospheric Administration Science Council and 2 serving as a liaison to the National Oceanic and 3 Atmospheric Administration Science Advisory 4 Board; 5 ‘‘(iii) providing oversight to ensure— 6 ‘‘(I) the Administration funds high 7 priority and mission-aligned science and 8 technology development, including through 9 partnerships with the private sector, Coop- 10 erative Institutes, academia, nongovern- 11 mental organizations, and other Federal 12 and non-Federal institutions; and 13 ‘‘(II) there is no unnecessary duplica- 14 tion of such science and technology devel- 15 opment; 16 ‘‘(iv) ensuring the Administration attracts, 17 retains, and promotes world class scientists and 18 researchers from diverse backgrounds, experi- 19 ences, and expertise; 20 ‘‘(v) promoting the health and professional 21 development of the Administration’s scientific 22 workforce, including by promoting efforts to re- 23 duce assault, harassment, and discrimination 24 VerDate Sep 11 2014 03:58 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3952.RFS H3952 pbinns on DSKJLVW7X2PROD with $$_JOB 6 HR 3952 RFS that could hamper such health and develop- 1 ment; and 2 ‘‘(vi) ensuring coordination across the sci- 3 entific workforce and its conduct and applica- 4 tion of science and technology with the Admin- 5 istration’s most recent Diversity and Inclusion 6 Strategic Plan; 7 ‘‘(C) under the direction of the Administrator, 8 promote, communicate, and advocate for the Admin- 9 istration’s science and technology portfolio and 10 strategy to the broad domestic, Tribal, and inter- 11 national communities and Congress, represent the 12 Administration in promoting and maintaining good 13 public and community relations, and provide the 14 widest practical and appropriate dissemination of 15 science and technology information concerning the 16 full range of the Administration’s earth system au- 17 thorities; 18 ‘‘(D) manage an Office of the Chief Scientist— 19 ‘‘(i) which shall be staffed by Federal em- 20 ployees of the Administration detailed to the of- 21 fice on a rotating basis, in a manner that pro- 22 motes diversity of expertise, background, and to 23 the extent practicable, ensures that each line of- 24 VerDate Sep 11 2014 03:58 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3952.RFS H3952 pbinns on DSKJLVW7X2PROD with $$_JOB 7 HR 3952 RFS fice of the Administration is represented in the 1 Office over time; 2 ‘‘(ii) in which there shall be a Deputy 3 Chief Scientist, to be designated by the Admin- 4 istrator or Acting Administrator from among 5 the Assistant Administrators on a rotational 6 basis, as appropriate to their backgrounds or 7 expertise, who shall advise and support the 8 Chief Scientist and perform the functions and 9 duties of the Chief Scientist for not more than 10 one year in the event the Chief Scientist is un- 11 able to carry out the duties of the Office, or in 12 the event of a vacancy in such position; and 13 ‘‘(iii) which may utilize contractors pursu- 14 ant to applicable laws and regulations, and 15 offer opportunities to fellows under existing 16 programs; and 17 ‘‘(E) not less frequently than once each year, in 18 coordination with the National Oceanic and Atmos- 19 pheric Administration Science Council, produce and 20 make publicly available a report that— 21 ‘‘(i) describes the Administration’s imple- 22 mentation of the science and technology strat- 23 egy and scientific accomplishments from the 24 past year; 25 VerDate Sep 11 2014 03:58 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3952.RFS H3952 pbinns on DSKJLVW7X2PROD with $$_JOB 8 HR 3952 RFS ‘‘(ii) details progress toward goals and 1 challenges faced by the Administration’s science 2 and technology portfolio and scientific work- 3 force; 4 ‘‘(iii) provides a summary of Administra- 5 tion-funded research, including— 6 ‘‘(I) the percentage of Administration- 7 funded research that is funded 8 intramurally; 9 ‘‘(II) the percentage of Administra- 10 tion-funded research that is funded 11 extramurally, including the relative propor- 12 tion of extramural research that is carried 13 out by— 14 ‘‘(aa) the private sector; 15 ‘‘(bb) Cooperative Institutes; 16 ‘‘(cc) academia; 17 ‘‘(dd) nongovernmental organiza- 18 tions; and 19 ‘‘(ee) other categories as nec- 20 essary; and 21 ‘‘(III) a summary of Administration- 22 funded research that is transitioned to op- 23 erations, applications, commercialization, 24 and utilization; and 25 VerDate Sep 11 2014 03:58 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3952.RFS H3952 pbinns on DSKJLVW7X2PROD with $$_JOB 9 HR 3952 RFS ‘‘(iv) provides reporting on scientific integ- 1 rity actions, including by specifying the aggre- 2 gate number of scientific and research mis- 3 conduct cases, the number of consultations con- 4 ducted, the number of allegations investigated, 5 the number of findings of misconduct, and a 6 summary of actions in response to such find- 7 ings. 8 ‘‘(3) Nothing in this subsection may be construed as 9 impeding the ability of the Administrator to select any 10 person for the position of Chief Scientist the Adminis- 11 trator determines is qualified to serve in such position.’’. 12 (b) SAVING CLAUSE.—The individual serving as 13 Chief Scientist of the National Oceanic and Atmospheric 14 Administration on the day before the date of the enact- 15 ment of this Act may continue to so serve until such time 16 as the Administrator of the National Oceanic and Atmos- 17 pheric Administration selects such a Chief Scientist in ac- 18 cordance with subsection (d) of section 2 of 19 VerDate Sep 11 2014 22:21 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3952.RFS H3952 pbinns on DSKJLVW7X2PROD with $$_JOB 10 HR 3952 RFS Reorganization Plan No. 4 of 1970 (5 U.S.C. App), as 1 amended by subsection (a). 2 Passed the House of Representatives July 27, 2022. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 22:21 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3952.RFS H3952 pbinns on DSKJLVW7X2PROD with $$_JOB