I 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) intro- duced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committee on Natural Re- sources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 04:44 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3980.IH H3980 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3980 IH SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘National Oceanic and Atmospheric Administration Act of 3 2023’’. 4 (b) TABLE OF CONTENTS.—The table of contents of 5 this Act is as follows: 6 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. 7 The purpose of this Act is to establish the National 8 Oceanic and Atmospheric Administration as an inde- 9 pendent scientific research and development agency with 10 an overarching statutory framework that focuses on Earth 11 system science, maintaining the Administration’s core 12 mission and functions while allowing it to restructure and 13 prioritize under an organic statute. 14 VerDate Sep 11 2014 04:44 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3980.IH H3980 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3980 IH TITLE I—NATIONAL OCEANIC 1 AND ATMOSPHERIC ADMINIS- 2 TRATION 3 SEC. 101. ESTABLISHMENT. 4 (a) ESTABLISHMENT.—There is established in the ex- 5 ecutive branch an independent agency to be known as the 6 National Oceanic and Atmospheric Administration (in this 7 Act referred to as the ‘‘Administration’’). 8 (b) ADMINISTRATOR.— 9 (1) IN GENERAL.—The Administration shall be 10 headed by an Administrator (in this Act referred to 11 as the ‘‘Administrator’’), who shall be appointed by 12 the President with the advice and consent of the 13 Senate. The Administrator shall carry out the func- 14 tions described in section 102 and, in the perform- 15 ance of those functions, shall have the authorities 16 described in section 103. 17 (2) AUTHORITY.—Any authority, power, or 18 function vested by law in the National Oceanic and 19 Atmospheric Administration, in the Under Secretary 20 of Commerce for Oceans and Atmosphere, or in any 21 officer, employee, or part of the National Oceanic 22 and Atmospheric Administration, or vested by law in 23 the Secretary of Commerce and delegated to the 24 Under Secretary of Commerce for Oceans and At- 25 VerDate Sep 11 2014 04:44 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3980.IH H3980 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3980 IH mosphere, or their designee, is vested in, and may 1 be exercised by, the Administrator or their designee, 2 as appropriate. 3 (3) REFERENCES.—Any reference in law or 4 regulation to the ‘‘Under Secretary of Commerce for 5 Oceans and Atmosphere’’ shall be deemed to be a 6 reference to the Administrator. 7 (c) POSITIONS.—There shall be in the Administration 8 the following: 9 (1) A Deputy Administrator, to be appointed by 10 the President with the advice and consent of the 11 Senate, who shall carry out such duties as the Ad- 12 ministrator may prescribe. 13 (2) An Associate Administrator for Environ- 14 mental Observation and Prediction, to be appointed 15 by the President with the advice and consent of the 16 Senate. 17 (3) A Chief Scientist, to be appointed by the 18 Administrator. 19 (4) A General Counsel, to be appointed in ac- 20 cordance with section 5316 of title 5, United States 21 Code. 22 SEC. 102. FUNCTIONS OF THE ADMINISTRATOR. 23 The Administrator shall— 24 (1) plan, direct, and conduct— 25 VerDate Sep 11 2014 04:44 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3980.IH H3980 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3980 IH (A) atmospheric, oceanic, hydrologic, Great 1 Lakes, coastal, geodetic, geomagnetic, biologi- 2 cal, and social science and research, including 3 monitoring, analyses, education, research to op- 4 erations, and operations to research; 5 (B) Earth observations and space physics 6 operations, which include space-based observa- 7 tions of the earth and sun; 8 (C) ocean exploration, mapping, and char- 9 acterization; 10 (D) atmospheric, terrestrial and space 11 weather, climate, oceanic, hydrologic, Great 12 Lakes, and coastal forecasting; 13 (E) conservation, management, and protec- 14 tion of oceanic, hydrologic, Great Lakes, and 15 coastal resources, and science, research, and 16 analysis related to such resources; 17 (F) oceanic, hydrologic, Great Lakes, and 18 coastal response and restoration; 19 (G) education, outreach, and associated ac- 20 tivities; 21 (H) other areas of research related to the 22 preceding items as determined appropriate by 23 the Administrator; and 24 VerDate Sep 11 2014 04:44 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3980.IH H3980 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3980 IH (I) enforcement of any other provision of 1 Federal law that assigns enforcement authority 2 to the Administration; 3 (2) support the widest practicable participation 4 by the scientific community, including participants 5 in the private sector, academia, Federal, State, local, 6 Tribal, and territorial governmental entities, Indige- 7 nous peoples, and other appropriate domestic and 8 foreign governmental and non-governmental entities, 9 in carrying out the activities described in paragraph 10 (1), including through the acceptance by the Admin- 11 istration of private resources, which may include 12 data, models, vessels, aircraft, satellites, buoys, and 13 other related infrastructure, to carry out such activi- 14 ties; 15 (3) provide for full and open public dissemina- 16 tion of information regarding activities, initiatives, 17 methods, data, and results of the Administration, as 18 appropriate, and in compliance with applicable law, 19 including the acquisition of commercially sourced 20 data; and 21 (4) establish and promote an inclusive culture 22 of scientific excellence and integrity. 23 VerDate Sep 11 2014 04:44 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3980.IH H3980 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3980 IH SEC. 103. AUTHORITY OF THE ADMINISTRATOR. 1 (a) OFFICERS AND EMPLOYEES.—The Adminis- 2 trator, in accordance with title 5, United States Code, may 3 appoint and fix the compensation of such officers and em- 4 ployees as the Administrator determines appropriate, 5 within the regulations and guidelines established by the 6 Office of Personnel Management. 7 (b) PROPERTY.—The Administrator may— 8 (1) procure, acquire, construct, improve, repair, 9 operate, and maintain such laboratories, research 10 and testing sites and facilities, equipment, vessels, 11 aircraft, buoys, satellites, surface observing sites, 12 other similar infrastructure, autonomous or un- 13 manned vehicles, and office and educational facilities 14 as the Administrator deems necessary; 15 (2) lease real and personal property; 16 (3) sell and otherwise dispose of real and per- 17 sonal property and reinvest any proceeds from such 18 sale or disposition of property into recapitalization of 19 property; and 20 (4) provide by contract or otherwise for nec- 21 essary amenities for the welfare of employees and 22 maintenance of property of the Administration. 23 (c) GIFTS.—The Administrator may accept gifts or 24 donations of services for the benefit of the agency, includ- 25 VerDate Sep 11 2014 04:44 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3980.IH H3980 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3980 IH ing money or property, whether real, personal, or mixed, 1 and whether tangible or intangible. 2 (d) CONTRACTS, LEASES, AND AGREEMENTS.—The 3 Administrator may enter into and perform such contracts, 4 leases, agreements (including cooperative agreements), or 5 other transactions as may be necessary in the conduct of 6 the work of the Administration. 7 (e) COOPERATION WITH FEDERAL AGENCIES AND 8 OTHERS.—The Administrator— 9 (1) may use the services, equipment, personnel, 10 land, and facilities of Federal, State, local, Tribal, 11 and territorial governmental entities, Indigenous 12 peoples, and other appropriate domestic and foreign 13 governmental and non-governmental entities, with 14 consent and with or without reimbursement; and 15 (2) shall cooperate with such entities to permit 16 their use of Administration services, equipment, 17 land, and facilities in a manner consistent with the 18 Administration’s mission. 19 (f) INTERNATIONAL COOPERATION.—The Adminis- 20 tration, under the foreign policy guidance of the President, 21 may engage in a program of international cooperation in 22 work done pursuant to the Act, and in the peaceful appli- 23 cation of the results thereof, pursuant to agreements made 24 VerDate Sep 11 2014 04:44 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3980.IH H3980 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3980 IH by the President with the advice and consent of the Sen- 1 ate. 2 (g) ADVISORY COMMITTEES.—The Administrator 3 may appoint such advisory committees as the Adminis- 4 trator considers appropriate to provide consultation and 5 advice. 6 (h) OFFICES AND PROCEDURES.—The Administrator 7 may establish within the Administration such offices and 8 procedures as may be appropriate to provide for the great- 9 est possible coordination of its activities with related pub- 10 lic and private agencies and entities. 11 SEC. 104. SCIENCE ADVISORY BOARD. 12 (a) IN GENERAL.—There shall be within the Admin- 13 istration a Science Advisory Board, which shall provide 14 such scientific advice as may be requested by the Adminis- 15 trator, the Committee on Science, Space, and Technology 16 of the House of Representatives, or the Committee on 17 Commerce, Science, and Transportation of the Senate. 18 (b) PURPOSE.—The purpose of the Science Advisory 19 Board is to advise the Administrator and Congress on 20 long-range and short-range strategies for research, edu- 21 cation, and the application of science to resource manage- 22 ment and environmental assessment, observation, and pre- 23 diction. 24 (c) MEMBERS.— 25 VerDate Sep 11 2014 04:44 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3980.IH H3980 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3980 IH (1) IN GENERAL.—The Science Advisory Board 1 shall be composed of at least 15 members appointed 2 by the Administrator. Each member of the Board 3 shall be qualified by education, training, and experi- 4 ence to evaluate scientific and technical information 5 on matters referred to the Board under this section. 6 (2) TERMS OF SERVICE.—Members shall be ap- 7 pointed for 3-year terms, renewable once, and shall 8 serve at the discretion of the Administrator. An indi- 9 vidual serving a term as a member of the Science 10 Advisory Board on the date of enactment of this Act 11 may complete that term, and may be reappointed 12 once for another term of 3 years unless the term 13 being served on such date of enactment is the second 14 term served by that individual. Vacancy appoint- 15 ments shall be for the remainder of the unexpired 16 term of the vacancy, and an individual so appointed 17 may subsequently be appointed for 2 full 3-year 18 terms if the remainder of the unexpired term is less 19 than 1 year. 20 (3) CHAIRPERSON.—The Administrator shall 21 designate a chairperson from among the members of 22 the Board. 23 (4) APPOINTMENT.—Members of the Science 24 Advisory Board shall be appointed as special Gov- 25 VerDate Sep 11 2014 04:44 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3980.IH H3980 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3980 IH ernment employees, within the meaning given such 1 term in section 202(a) of title 18, United States 2 Code. 3 (d) ADMINISTRATIVE PROVISIONS.— 4 (1) ADMINISTRATIVE SUPPORT.—The Adminis- 5 trator shall provide administrative support to the 6 Science Advisory Board. 7 (2) MEETINGS.—The Science Advisory Board 8 shall meet at least twice each year, and at other 9 times at the call of the Administrator or the Chair- 10 person. 11 (3) COMPENSATION AND EXPENSES.—A mem- 12 ber of the Science Advisory Board shall not be com- 13 pensated for service on such board, but may be al- 14 lowed travel expenses, including per diem in lieu of 15 subsistence, in accordance with subchapter I of 16 chapter 57 of title 5, United States Code. 17 (4) SUBCOMMITTEES.—The Science Advisory 18 Board may establish such subcommittees of its 19 members as may be necessary. The Science Advisory 20 Board may establish task forces and working groups 21 consisting of Board members and outside experts as 22 may be necessary. 23 VerDate Sep 11 2014 04:44 Jul 08, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3980.IH H3980 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3980 IH (e) EXPIRATION.—Section 14 of the Federal Advisory 1 Committee Act (5 U.S.C. App.) shall not apply to the 2 Science Advisory Board. 3 (f) STRATEGIC PLAN FOR RESEARCH AND DEVELOP- 4 MENT.—Not later than 1 year after the date of enactment 5 of this Act, and once every 5 years thereafter, the Admin- 6 istrator shall consult with the Science Advisory board to 7 develop a strategic plan for research and development at 8 the [Text truncated for display. Full text available on Congress.gov.]