[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2685 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2685
To establish a National Oceanic and Atmospheric Administration and a
National Climate Enterprise, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 3, 2009
Ms. Bordallo (for herself, Mr. Faleomavaega, Mr. Abercrombie, Mr. Farr,
Mrs. Christensen, Mr. Grijalva, Ms. Hirono, Ms. Shea-Porter, Mr.
Heinrich, and Mr. Pierluisi) introduced the following bill; which was
referred to the Committee on Science 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 establish a National Oceanic and Atmospheric Administration and a
National Climate Enterprise, 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 ``Climate and Ocean
Research and Coordination Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ORGANIC ACT
Sec. 101. National Oceanic and Atmospheric Administration.
Sec. 102. Functions.
Sec. 103. Administration leadership.
Sec. 104. National Weather Service.
Sec. 105. Science Advisory Board.
Sec. 106. Restructuring plan.
Sec. 107. Reprogramming requests.
Sec. 108. Savings provisions.
Sec. 109. Report.
Sec. 110. Function defined.
TITLE II--NATIONAL CLIMATE ENTERPRISE ACT
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Purposes.
Sec. 204. National Climate Enterprise.
Sec. 205. Quality assurance program.
Sec. 206. Enterprise Advisory Board.
Sec. 207. Report to the Congress.
Sec. 208. Interagency financing and agreements.
Sec. 209. Enhancing administration and management.
Sec. 210. Application with other Federal laws.
Sec. 211. Application with other agreements.
Sec. 212. Relationship to other authorities.
Sec. 213. Authorization of appropriations.
Sec. 214. Definitions.
TITLE I--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ORGANIC ACT
SEC. 101. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.
(a) In General.--The National Oceanic and Atmospheric
Administration, as in effect immediately before the enactment of this
Act, shall be an administration in the Department of Commerce. Except
as otherwise provided in this Act (including the amendments and repeals
made by this Act)--
(1) the Administration shall have the administrative
structure, officers, functions, and authorities it had
immediately before the enactment of this Act, including under
Reorganization Plan No. 4 of 1970 (5 U.S.C. App.); and
(2) the Administrator shall have the authority, subject to
the availability of appropriations--
(A) to create, support, and maintain joint centers,
and to enter into and perform contracts, leases,
grants, or cooperative agreements on terms the
Administrator considers appropriate;
(B) to disseminate information and conduct
education and outreach in direct support of the
purposes of this Act; and
(C) to accept interagency financing of boards or
similar groups to carry out interagency activities for
which the Administration serves as a lead agency.
(b) Mission.--The Administration shall be the civilian agency of
the Federal Government principally responsible for--
(1) providing to the Nation oceanic, weather, atmospheric,
and climate services and research;
(2) monitoring changes in the Earth's environment; and
(3) conducting and supporting research, conservation,
management, education and outreach regarding ocean and coastal
resources, weather, and climate.
SEC. 102. FUNCTIONS.
(a) In General.--The Administrator shall perform the following
functions to carry out the mission set forth in section 101(b) in a
coordinated, integrated, and ecosystem-based manner for the benefit of
the Nation:
(1) Management, conservation, protection, and restoration
of ocean and coastal resources, including living marine
resources, habitats, maritime heritage resources, and ocean
ecosystems.
(2) Observation, monitoring, assessment, forecasting,
prediction, operations, and exploration for ocean, coastal, and
atmospheric environments including weather, space weather,
climate, navigation, and marine resources.
(3) Research, education and outreach, development of
hydrographic products and services, technical assistance,
technology development, and innovation activities relating to
ocean and atmospheric environments including basic and applied
scientific research and activities that support other agency
functions and missions.
(b) State and Federal Coordination.--The Administrator shall ensure
that Administration programs and activities collaborate with State and
Federal programs to encourage cooperation, coordination, and
integration of State and Federal coastal, oceanic, and atmospheric
programs, including the planning and implementation of regional and
ecosystem-based activities.
(c) International Coordination.--
(1) Cooperation by administrator.--The Administrator shall
cooperate to the fullest extent practicable with the Secretary
of State in providing representation at all meetings and
conferences relating to actions or activities described in this
Act in which representatives of the United States and foreign
countries participate.
(2) Consultation with administrator.--The Secretary of
State and any other officer of the United States with
responsibility for agreements, treaties, or understandings with
foreign nations and international organizations shall consult
with the Administrator whenever the subject matter or activity
involved relates to a function of the Administrator.
(3) Authority of secretary of commerce not affected.--This
subsection does not affect the authority of the Secretary of
Commerce with respect to international fishing agreements.
(d) Partnerships.--The Administrator may promote, support, and
enter into agreements with academia, industry, conservation groups,
educators, and other interested persons to improve the effectiveness of
Administration programs and activities and enhance public awareness and
understanding of Administration science, service, and stewardship
missions.
SEC. 103. ADMINISTRATION LEADERSHIP.
(a) Under Secretary of Commerce for Oceans and Atmosphere and
Administrator.--
(1) In general.--There shall be, as the Administrator and
head 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.
(2) Functions.--The Administrator, as head of the
Administration, shall be responsible for--
(A) the functions under section 102(a);
(B) general management and supervision of the
operations of the Administration;
(C) policy development and guidance;
(D) formulation, guidance, and execution of budget
for the Administration;
(E) 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
(F) such other duties with respect to the
Administration as the Secretary may prescribe.
(b) Assistant Secretary of Commerce for Oceans and Atmosphere and
Deputy Administrator.--
(1) In general.--There shall be, as Deputy Administrator of
the Administration, an Assistant Secretary of Commerce for
Oceans and Atmosphere. The Deputy Administrator shall be
appointed by the President, by and with the advice and consent
of the Senate. The Deputy Administrator shall be the
Administrator's first assistant for purposes of subchapter III
of chapter 33 of title 5, United States Code.
(2) Functions.--The Deputy Administrator shall--
(A) serve as an advisor to the Administrator on all
program and policy issues;
(B) perform such functions and exercise such powers
as the Administrator may prescribe; and
(C) 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 of Commerce for Oceans and Atmosphere
and Chief Operating Officer.--
(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 shall--
(A) ensure the timely and effective implementation
of Administration policies and objectives;
(B) 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) act as the Assistant Secretary during the
absence or disability of the Assistant Secretary or in
the event of a vacancy in such position; and
(D) perform such other duties as the Administrator
shall prescribe.
(d) Deputy Assistant Secretaries.--
(1) In general.--There shall be in the Administration three
Deputy Assistant Secretaries.
(2) Functions.--The Secretary shall--
(A) designate the functions of each Deputy
Assistant Secretary; and
(B) assign to each Deputy Assistant Secretary one
of the functions under paragraphs (1), (2), and (3) of
section 102(a).
(3) Qualifications.--The Deputy Assistant Secretaries shall
be appointed by the Secretary from among individuals who are
qualified by reason of background and experience to direct the
implementation and administration of the functions for which
they are responsible. The positions of Deputy Assistant
Secretaries shall be Senior Executive Service positions
authorized under section 3133 of title 5, United States Code.
(e) 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 shall--
(A) 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) perform such other functions and exercise such
powers as the Administrator may prescribe.
(f) Additional Positions.--The Administrator may appoint
individuals to such additional positions in the Administration as may
be appropriate to reflect any restructuring of the Administration.
(g) Conforming Amendments to Reorganization Plan.--
(1) Reorganization plan no. 4 of 1970.--Reorganization Plan
No. 4 of 1970 (5 U.S.C. App.) is amended--
(A) in section 1, by adding at the end the
following:
``(g) The functions vested in the Secretary of the Interior and the
Secretaries by the Act of June 8, 1906 (16 U.S.C. 433 et seq.),
popularly known as the Antiques Act of 1906, relating to national
monuments comprised of ocean or coastal resources.''; and
(B) in section 2, by striking subsection (e).
(2) Title 5, u.s.c.--Section 5316 of title 5, United States
Code, is amended by striking ``Assistant Administrator for
Coastal Zone Management,'' and all that follows through
``Assistant Administrators (3), National Oceanic and
Atmospheric Administration.''.
SEC. 104. NATIONAL WEATHER SERVICE.
(a) In General.--There shall be in 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 seek to 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.--To accomplish the mission described in section
101(b), and in addition to the functions described in section 102(a),
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, water, and climate data;
(3) operating national centers to deliver guidance,
forecasts, warnings, and analysis about weather, water,
climate, tsunami, and space weather phenomena for use by the
Administration and the public;
(4) providing information to Federal, State, and local
agencies and other organizations responsible for emergency
preparedness and response;
(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. 105. SCIENCE ADVISORY BOARD.
There shall be within the Administration a Science Advisory Board,
in accordance with the document entitled ``U.S. Department of Commerce
Charter of the NOAA Science Advisory Board'', dated August 9, 2005.
SEC. 106. RESTRUCTURING PLAN.
(a) In General.--The Administrator shall develop a plan and budget
setting forth a proposal for restructuring the Administration and its
programs, as they existed immediately before enactment of this title,
that implement this title, and consider the recommendations of the U.S.
Commission on Ocean Policy so as to provide improved services to the
Nation.
(b) Content.--The plan shall--
(1) describe leadership positions and roles, and program
offices and duties;
(2) consider--
(A) regional approaches to management and
ecosystem-based management;
(B) coordination with outside entities, both
nationally and internationally; and
(C) needs to expand or downsize employees or
facilities (or both);
(3) be consistent with section 102 and the other provisions
of this Act, and maximize the efficiency with which the
Administration carries out and assures the effectiveness of the
functions of the Administrator described in section 102(a);
(4) improve the sharing of research and other information
and the compilation of available data, that is of use across
programmatic themes; and
(5) to the maximum extent practicable, eliminate
duplication of effort or overlapping efforts among offices.
(c) Consultation.--The Administrator shall develop the plan in
consultation with interested persons, including representatives of the
States, academia, industry, conservation organizations, and labor
organizations certified as the exclusive representatives of
Administration employees pursuant to chapter 71 of title 5, United
States Code.
(d) Schedule.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall develop the plan
and shall publish the plan in the Federal Register.
(2) Public comment.--The Federal Register notice shall
solicit comments for a period of 60 days.
(3) Final plan.--Not later than 120 days after the
expiration date of the comment period described in paragraph
(2), the Administrator shall complete a final plan that takes
into account the comments received.
(4) Transmittal.--Upon completing the final plan, the
Administrator shall--
(A) transmit the final plan, and an explanation of
how the Administrator addressed each issue raised by
the public comments received, to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committees on Science and Technology and on Natural
Resources of the House of Representatives for review;
and
(B) publish the final plan and explanation in the
Federal Register.
(e) Reporting.--
(1) Administration internal review.--Once every 3 years
after implementation of the reorganization plan, the
Administrator shall transmit a report to Congress assessing the
effectiveness and efficiency of the Administration in carrying
out its functions and fulfilling its mission, as set forth in
section 101(b).
(2) Government accountability office review.--Not later
than 3 years after the Administration implements the
reorganization plan, and every 6 years thereafter, the
Comptroller General of the United States shall conduct an
independent review of the effectiveness and efficiency of the
Administration in fulfilling its mission, as set forth in
section 101(b), and carrying out the functions set forth in
section 102. Upon completing the review, the Comptroller
General shall transmit a report to Congress with his or her
findings.
SEC. 107. REPROGRAMMING REQUESTS.
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 Technology and the Committee on
Natural Resources of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 108. SAVINGS PROVISIONS.
Except as otherwise provided in this Act, all rules and
regulations, determinations, standards, contracts, 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 that resulted in the
assignment of functions or activities to the Secretary of Commerce, the
Department of Commerce, the Under Secretary of Commerce for Oceans and
Atmosphere, or any other official of the National Oceanic and
Atmospheric Administration, as are in effect immediately before the
enactment of this Act, shall continue in full force and effect after
enactment of this Act until modified or rescinded.
SEC. 109. REPORT.
Not later than 1 year after the date of the enactment of this Act,
the Administrator shall submit a report to the Congress on the
implementation of this Act, including such recommendations as the
Administrator considers appropriate regarding changes to existing law
(including granting of additional authority to the Administrator).
SEC. 110. FUNCTION DEFINED.
In this title the term ``function'' includes authorities, powers,
rights, privileges, immunities, programs, projects, activities, duties,
and responsibilities.
TITLE II--NATIONAL CLIMATE ENTERPRISE ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Climate Enterprise Act of
2009''.
SEC. 202. FINDINGS.
The Congress finds the following:
(1) Warming of the climate system is unequivocal and will
impact physical infrastructure, ecosystem services, and human
well-being.
(2) In the face of climate change, the public and
decisionmakers need access to scientifically based data, meta-
data, information, products, and services that are
authoritative, timely, useful, and available at various
temporal and spatial scales and which can be applied for human-
built and natural resource development and management and other
uses.
(3) Currently, there is no single source of credible
information that will allow public and private end-users to
make decisions on how to adapt to or mitigate the impacts of
climate change, nor a mechanism for public and private end-
users to articulate their information needs to the Federal
Government.
(4) Federal leadership is needed to coordinate climate
information among Federal agencies; to establish a climate
clearinghouse for climate data, meta-data, and information; to
disseminate useful climate data, meta-data, information,
products, and services to meet end-user needs; and to support
society's needs for reliable information to guide further
adaptation to and mitigation of the impacts of climate change.
(5) A public/private enterprise comprised of Federal and
non-Federal components, abiding by a set of common agreements,
will provide the necessary accountability, reliability,
flexibility, and adaptability to be able to provide climate and
climate impact data, meta-data, information, products, and
services that address adaptation and mitigation needs that vary
dramatically across different regions of the country, among
different stakeholders, and at different scales of resolution.
SEC. 203. PURPOSES.
The purposes of this title are to establish a National Climate
Enterprise that will--
(1) advance the ability of the Federal Government, the
Nation, and the world to forecast natural and human-induced
climate, climate change, and climate variability and to
understand climate impacts at regional and local scales to
improve our ability to respond to, adapt to, and plan for the
protection, conservation and management of natural resources
and ecosystem services in a dynamic, changing environment and
to effectively carry out the intent of--
(A) the Coastal Zone Management Act of 1972;
(B) the Coral Reef Conservation Act of 1999;
(C) the Dingell-Johnson Sport Fish Restoration Act;
(D) the Endangered Species Act of 1973;
(E) the Federal Lands Policy and Management Act of
1976;
(F) the Fish and Wildlife Act of 1956;
(G) the Fish and Wildlife Coordination Act;
(H) the Magnuson-Stevens Fishery Conservation and
Management Act;
(I) the Marine Mammal Protection Act of 1972;
(J) the Migratory Bird Treaty Act;
(K) the National Marine Sanctuaries Act;
(L) the National Park Service Organic Act;
(M) the National Reclamation Act of 1902;
(N) the National Wildlife Refuge System
Administration Act of 1966;
(O) the Pittman-Robertson Wildlife Restoration Act;
and
(P) other Acts that conserve and manage natural
resources;
(2) provide scientifically based, authoritative, timely,
and useful climate and climate impact data, meta-data,
information, products, and services to Federal agencies, non-
Federal contributors, and public and private end-users;
(3) be comprised of Federal agencies and non-Federal
contributors to--
(A) expand the ability of the Federal Government to
do research and gather data, meta-data, and information
relevant to climate, climate change, climate
variability, and impacts on built and natural systems
at multiple temporal and spatial scales;
(B) standardize climate and climate impact data,
meta-data, and information acquisition across Federal
agencies, non-Federal contributors, and
internationally;
(C) integrate climate and climate impact data,
meta-data, and information into a comprehensive
National Climate Data Network that is interoperable
among Federal agencies, non-Federal contributors, and
public and private end-users;
(D) provide global and national climate and climate
impact data, meta-data, information, products, and
services to Federal agencies, non-Federal contributors,
and public and private end-users to enhance and manage
natural resources in a dynamic, changing environment;
(E) provide regional to local climate and climate
impact data, meta-data, information, products,
services, decision support tools, communications
networks, and outreach support to public and private
end-users directly and through non-Federal
contributors;
(F) coordinate Federal agency activity with public
and private end-users of climate and climate impact
data, meta-data, and information, including
researchers, government, nongovernment, industry,
tribal groups, and public and private end-users;
(G) establish and operate a program of national and
regional climate assessments, including climate
information gap analyses and vulnerability assessments;
and
(H) conduct education and outreach to public and
private end-users about climate and climate impact
data, meta-data, information, products, and services to
inform natural resource management and other
decisionmaking in the face of climate change.
SEC. 204. NATIONAL CLIMATE ENTERPRISE.
(a) Establishment.--The President shall establish a National
Climate Enterprise to coordinate international, Federal, and non-
Federal activity to provide scientifically based, authoritative,
timely, and useful climate and climate impact data, meta-data,
information, products, and services to Federal agencies, non-Federal
contributors, and public and private end-users that will facilitate
better forecasting of climate, climate change, and climate variability
and to understand climate impacts at regional and local scales to
improve our ability to respond to, adapt to, and plan for the
protection, conservation, and management of natural resources and
ecosystem services in a dynamic, changing environment.
(b) Enterprise Elements.--
(1) In general.--To fulfill the purposes of this title, the
Enterprise shall consist of an Interdepartmental Oversight
Board, an Interagency Coordinating Committee, and a Climate
Operations Office established by this subsection, and non-
Federal contributors.
(2) Interdepartmental oversight board.--
(A) Function.--The Interdepartmental Oversight
Board shall--
(i) establish a broad policy framework,
principles for engagement, and priorities,
including annual and long-term priorities for
the Enterprise;
(ii) consider international climate policy
and standards in implementing clause (i); and
(iii) develop and transmit to the Congress
at the time of submission of the President's
annual budget request under section 1105 of
title 31, United States Code, an annual
coordinated, comprehensive budget to operate
all elements of the Enterprise identified in
paragraph (1), taking into account existing
programs and new initiatives identified by the
Interagency Coordinating Committee, the Climate
Operations Office, and non-Federal
contributors.
(B) Composition.--The Board shall include
Secretaries and Administrators from departments and
independent agencies of the Federal Government, as
specified by the President, with existing climate-
related functions.
(C) Chair.--The Board shall be chaired by the
Director of the Office of Science and Technology
Policy.
(D) Administration.--The Board shall meet no less
than once per year.
(3) Interagency coordinating committee.--
(A) Function.--The broad policy framework and
priorities established by the Board under paragraph (2)
shall guide the actions of the Interagency Coordinating
Committee. The Interagency Coordinating Committee--
(i) shall establish a research strategy for
Federal agencies to understand and predict
climate change, climate variability, and
climate impacts, including applied research and
development of climate products and services
that effectively meet public and private end-
user needs at a range of spatial and temporal
scales;
(ii) shall establish a strategy for a
National Climate Data Network to improve and
integrate climate and climate impact data,
meta-data, and information collection,
modeling, assessment, and predictive
capabilities at a range of spatial and temporal
scales;
(iii) shall establish a strategic plan for
Federal agency and non-Federal contributor
collaboration;
(iv) shall establish required observation
data, meta-data, and information variables to
be gathered by Federal and non-Federal
contributors to be integrated into the National
Climate Data Network;
(v) shall establish protocols and standards
for data, meta-data, and information
acquisition, processing, and management, that
are adaptable to emerging climate and climate
impact data, meta-data, and information;
(vi) shall develop eligibility
requirements, contract certification standards,
and compliance procedures for non-Federal
contributors to become incorporated into the
Enterprise;
(vii) shall establish protocols and
standards for non-Federal contributors to
produce Enterprise-certified climate and
climate impact data, meta-data, information,
products, or services to meet international,
regional, and local public and private end-user
needs;
(viii) may, in consultation with the
Enterprise Advisory Board, develop a framework
for regional coordination of non-Federal
contributors, including the establishment of
regional offices to coordinate between the
Climate Operations Office, non-Federal
contributors, and public and private end-users,
if collection and delivery of data, meta-data,
information, products, and services is needed
and cost-effective at a regional scale;
(ix) may create subcommittees within the
Interagency Coordinating Committee to carry out
the functions under this subparagraph;
(x) shall develop performance objectives
and evaluation criteria to periodically review
and evaluate all non-Federal contributors;
(xi) shall establish a public-private use
policy that defines processes for making
decisions about the roles of the Federal
Government and non-Federal contributors in
providing to end-user communities climate and
climate impact data, meta-data, information,
products, and services related to the
Enterprise, and shall publish such policy in
the Federal Register for public comment for a
period not less than 60 days;
(xii) shall ensure collaboration among
Federal agencies participating in the
activities of the Interagency Coordinating
Committee; and
(xiii) shall ensure consistency between the
broad policy framework and priorities developed
by the Board under paragraph (2)(A)(i) and the
data, meta-data, and information parameters,
standards, and protocols established by the
Interagency Coordinating Committee and the
Climate Operations Office.
(B) Composition.--The Interagency Coordinating
Committee shall include members designated by the
Secretaries on the Board and members from the non-
Federal contributors within the Enterprise.
(C) Chair.--The Board shall designate an
Interagency Coordinating Committee Chair by formal vote
from among the members of the Interagency Coordinating
Committee, who shall be appointed for a 2-year term.
(D) Administration.--The Interagency Coordinating
Committee shall meet no less than twice per year--
(i) at the request of the Board; and
(ii) as determined necessary by the Chair.
(4) Climate operations office functions, generally.--The
Climate Operations Office shall--
(A) manage the daily operations of the Enterprise
to implement the strategies, protocols, and standards
developed by the Interagency Coordinating Committee;
(B) function as the single point of contact for
Federal agencies, non-Federal contributors and public
and private end-users to ensure accountability,
reliability, flexibility, and transparency;
(C) be the National Oceanic and Atmospheric
Administration and operated by the Administrator;
(D) manage the National Climate Data Network, in
cooperation with other appropriate Federal agencies
designated by the President, which shall make available
data, meta-data, and information that are not otherwise
restricted, and in accordance with the strategy
developed by the Interagency Coordinating Committee
under paragraph (3)(A)(ii) and ensure that--
(i) all data, meta-data, and information
collected by Federal and non-Federal
contributors adheres to standards established
in accordance with the Quality Assurance
Program established under section 205, and such
data, meta-data, and information is processed,
stored, integrated, and made available to other
Federal agencies, as appropriate; and
(ii) climate and climate impact data, meta-
data, and information will be developed into
products and services that are appropriate to
inform Federal agencies, non-Federal
contributors, and public and private end-users;
(E) establish procedures to regularly conduct gap
analyses and vulnerability assessments to climate
change at regional to national scales;
(F) establish procedures to solicit public and
private end-users to identify--
(i) priorities for climate research;
(ii) emerging needs expressed by Federal
agencies and non-Federal contributors to manage
natural resources and plan for climate change;
(iii) emerging needs for new climate
information, products, and services as
identified by scientific research; and
(iv) other needs within the scope of
operations of the Enterprise;
(G) have the authority, subject to the availability
of appropriations, to enter into and oversee contracts,
leases, grants, or cooperative agreements with non-
Federal contributors, as appropriate, to support the
purposes of this title;
(H) have the authority to establish a federally
funded research and development center or network of
centers, or similar support mechanisms;
(I) develop, in consultation with the Advisory
Board, and implement a merit-based, competitive funding
process to support the development and operation of
non-Federal contributors in the Enterprise;
(J) provide opportunities for competitive grants
and contracts for--
(i) climate and climate impact research;
(ii) development of new climate models; or
(iii) development and testing of innovative
climate products and services;
(K) develop and implement a program of public
education and outreach to inform the public and private
end-users and the general public of Enterprise data,
meta-data, information, products, and services, and
their applications to inform decisionmaking; and
(L) provide staff support to the Interdepartmental
Oversight Board and the Interagency Coordinating
Committee.
(5) Non-federal contributors.--
(A) Functions.--The non-Federal contributors
shall--
(i) gather, process, and disseminate, in
accordance with protocols and national
standards established by the Interagency
Coordinating Committee, climate and climate
impact data, meta-data, information, products,
and services to meet public and private end-
user needs;
(ii) provide climate and climate impact
data, meta-data, and information to the
National Climate Data Network in accordance
with protocols and standards established by the
Interagency Coordinating Committee; and
(iii) demonstrate an organizational
structure and operational plan capable of--
(I) gathering required data, meta-
data, and information;
(II) supporting and integrating all
aspects of the Enterprise; and
(III) developing products and
services that reflect the needs of
public and private end-users, while
adhering to such national standards.
(B) Composition.--Non-Federal contributors may
include purveyors and public and private end-users of
climate data, meta-data, information, products, and
services, including State and local agencies including
State natural resource management agencies,
universities, public-private partnerships, and other
nongovernmental organizations including land or natural
resource conservation organizations. Non-Federal
contributors shall be certified or established by
contract or agreement by the Climate Operations Office,
and shall agree to meet the eligibility requirements,
contract certification standards, and compliance
procedures established by the Interagency Coordinating
Committee.
SEC. 205. QUALITY ASSURANCE PROGRAM.
(a) Definition.--For purpose of this section, the term ``climate
product and service'' means any publicly or commercially available
product or service produced by a non-Federal contributor that includes
or displays climate data, meta-data, or information.
(b) Program.--
(1) In general.--The Climate Operations Office--
(A) by not later than 2 years after the date of
enactment of this Act, shall, subject to the
availability of appropriations, develop and implement a
quality assurance program that is equally available to
all applicants, under which the Climate Operations
Office may certify climate products and services that
satisfy the standards promulgated under section
204(b)(3)(A)(vii);
(B) may authorize the use of the emblem or any
trademark of the Enterprise on a climate product or
service certified under subparagraph (A); and
(C) may charge a fee for such certification and
use.
(2) Limitation on fee amount.--Any fee under subsection
(b)(1)(C) shall not exceed the costs of conducting the quality
assurance testing, evaluation, or studies necessary to
determine whether the climate product or service satisfies the
standard adopted under section 204(b)(2)(A)(v).
(c) Limitation on Liability.--The Government of the United States
shall not be liable for any negligence by a person that produces
climate products or services certified under this section.
(d) Climate Products and Services Account.--
(1) Establishment.--There is established in the Treasury a
separate account, which shall be known as the ``Climate
Products And Services Account''.
(2) Content.--The account shall consist of--
(A) amounts received by the United States as fees
charged under subsection (b)(1)(C); and
(B) such other amounts as may be provided by law.
(3) Use.--Amounts in the account shall be available to the
Climate Operations Office, subject to the availability of
appropriation, for the purposes of Enterprise administration,
research identified in the research strategy under section
204(b)(3)(A)(i), the grant program authorized under section
204(b)(4)(A)(vii), and natural resource adaptation.
SEC. 206. ENTERPRISE ADVISORY BOARD.
(a) Function.--The Enterprise Advisory Board shall provide advice
to the Interagency Coordinating Committee on policy implementation by
the Climate Operations Office to fulfill the purposes of this title,
the effectiveness of data, meta-data, information, products, and
services delivered to public and private end-users; priorities for
climate research and information needs identified by decisionmakers,
including public and private end-users; the performance of non-Federal
contributors; the effectiveness of incorporating non-Federal
contributors into the operations of the Enterprise; collaborations of
non-Federal contributors formed under the regional framework; and
critical climate research needs that are not currently being addressed
by the Enterprise.
(b) Composition.--
(1) In general.--The Advisory Board shall consist of 15
members appointed by the Interagency Coordinating Committee who
are representatives of non-Federal contributors and public and
private end-users of Enterprise data, meta-data, information,
products, and services, including governmental and
nongovernmental natural resource managers.
(2) Diversity.--The Advisory Board shall be composed of
members with diverse geographic representation and from a
diverse group of non-Federal contributors, decisionmakers, and
public and private end-users.
(3) Terms.--Members of the Advisory Board shall be
appointed for 3-year terms, and may be reappointed once.
(4) Special government employees.--Members of the Advisory
Board shall be appointed as special Government employees for
purpose of the sections referred to in section 202(a) of title
18, United States Code.
(5) Payment.--Members of the Advisory Board shall not be
compensated for service on that 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.
(c) Chair.--The Advisory Board shall designate a chair from among
the members of the Board, who shall be appointed for a 3-year term or
the remainder of their term as a member of the Advisory Board,
whichever is less.
(d) Administration.--
(1) Meetings.--The Advisory Board shall meet at least once
each year, and at other times at the call of the Interagency
Coordinating Committee or the Advisory Board chair.
(2) Reporting.--The Advisory Board shall report to the
Interagency Coordinating Committee on policy implementation by
the Climate Operations Office to fulfill the purposes of this
title; the effectiveness of Enterprise data, meta-data,
information, products, and services delivered to public and
private end-users; the responsiveness of the Enterprise to
identify and address the highest priorities for climate and
climate impact research, information, and emerging needs
identified by public and private end-users; the performance of
non-Federal contributors; the effectiveness of incorporating
non-Federal contributors into the operations of the Enterprise;
collaborations of non-Federal contributors formed under the
regional framework; and critical climate research needs that
are not currently being addressed by the Enterprise.
(3) Administrative support.--The Climate Operations Office
shall provide administrative support to the Advisory Board.
(4) Expiration.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory
Board.
SEC. 207. REPORT TO THE CONGRESS.
(a) Requirement.--Not later than 2 years after the date of
enactment of this Act and every 2 years thereafter, the Climate
Operations Office shall prepare and transmit to the Congress a report
on progress made in implementing this title.
(b) Contents.--The report shall include--
(1) a description of activities carried out under this
title, including Enterprise data, meta-data, information,
products, and services delivered to Federal agencies and public
and private end-users to improve natural resource management
and enhance governmental and nongovernmental activities to
mitigate or adapt to factors attributed to climate change;
(2) identification of Federal and non-Federal contributors
that have been integrated into the Enterprise;
(3) an evaluation of the effectiveness of the Enterprise,
including progress on achieving the priorities established by
the Board, and the progress toward standardized, comprehensive,
and effective climate and climate impact data, meta-data,
information, products, and services available to Federal
agencies, non-Federal contributors and public and private end-
users;
(4) an evaluation of the effectiveness of non-Federal
contributors to deliver useful, timely, and effective climate
and climate impact data, meta-data, information, products, and
services that address public and private end-users' needs;
(5) recommendations concerning--
(A) modifications to the research strategy under
section 204(b)(3)(A)(i) to improve its applicability to
public and private end-user needs;
(B) modifications to the Enterprise to improve the
effectiveness of Enterprise data, meta-data,
information, product, and services delivery to Federal
agencies, non-Federal contributors, and public and
private end-users;
(C) modifications to the Enterprise to facilitate
interagency collaboration and Federal effectiveness;
and
(D) funding levels for the Enterprise in subsequent
fiscal years; and
(6) the results of a periodic external independent
programmatic audit of the Enterprise.
SEC. 208. INTERAGENCY FINANCING AND AGREEMENTS.
To carry out interagency activities under this title, the Climate
Operations Office may execute cooperative agreements, or any other
agreements, with, and receive and expend funds made available by, any
State or subdivision thereof, any Federal agency, or any public or
private organization, or individual. Agencies that are party to
agreements under this section are authorized to expend such funds made
available under this section in addition to any funds which they may be
otherwise authorized to expend.
SEC. 209. ENHANCING ADMINISTRATION AND MANAGEMENT.
The head of each Federal agency shall support the purposes of this
title and may take appropriate actions to enhance internal agency
administration and management to better support, integrate, finance,
and utilize climate data, meta-data, information, products, and
services to further its own agency mission and responsibilities.
SEC. 210. APPLICATION WITH OTHER FEDERAL LAWS.
Nothing in this title supersedes or limits the authority of any
agency to carry out its responsibilities and missions under other laws.
SEC. 211. APPLICATION WITH OTHER AGREEMENTS.
Nothing in this title shall be construed to invalidate existing
certifications, contracts, or agreements between non-Federal
contributors and other elements of the Enterprise.
SEC. 212. RELATIONSHIP TO OTHER AUTHORITIES.
Nothing in this title affects authorities, responsibilities,
obligations, or powers of the Administrator under the National Weather
Service Organic Act.
SEC. 213. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce for fiscal years 2010 through 2014 such sums as are necessary
to fulfill the purposes of this title.
SEC. 214. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Under Secretary of Commerce for Oceans and Atmosphere in the
Under Secretary's capacity as Administrator of the National
Oceanic and Atmospheric Administration.
(2) Advisory board.--The term ``Advisory Board'' means the
Enterprise Advisory Board as established under section 206.
(3) Board.--The term ``Board'' means the Interdepartmental
Oversight Board as established under section 204.
(4) Enterprise.--The term ``Enterprise'' means the National
Climate Enterprise established in section 204(a).
(5) Non-federal contributor.--The term ``non-Federal
contributor'' means any purveyor, including public entities,
private for-profit and not-for-profit entities, and private and
public end-users, of climate and climate impact data, meta-
data, information, products, or services that enters into
contract or agreement under section 204(b)(5) with the Climate
Operations Office and is not a Federal agency.
(6) Public and private end-user.--The term ``public and
private enduser'' means any person, including any State,
tribal, or local government, that receives Enterprise data,
meta-data, information, products, and services.
(7) State.--The term ``State'' includes the several States,
the District of Columbia, American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, Puerto Rico, and
the Virgin Islands.
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