[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 116 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 116

To provide for the establishment, on-going validation, and utilization 
 of an official set of data on the historical temperature record, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 25 (legislative day, January 5), 2011

  Mr. Vitter (for himself and Mr. Barrasso) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To provide for the establishment, on-going validation, and utilization 
 of an official set of data on the historical temperature record, 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.

    This Act may be cited as the ``Public Access to Historical Records 
Act''.

SEC. 2. OFFICIAL DATASET ON HISTORICAL TEMPERATURE RECORD.

    (a) Establishment of Official Dataset by NASA.--The Administrator 
of the National Aeronautics and Space Administration shall establish an 
official dataset on the historical temperature record.
    (b) Requirements for Dataset.--
            (1) Utilization of raw data.--In establishing the dataset 
        required by this section, the Administrator shall utilize the 
        raw data relating to temperature collected by each applicable 
        station and vessel and shall, for that purpose, reexamine 
        applicable records collected by such stations and vessels and 
        accurately quantify the statistical uncertainty (including 
        estimates of random and bias errors) of each temperature 
        observation and any subsequent products based on such 
        observation.
            (2) Clear and full identification of gaps in data.--In 
        establishing the dataset, the Administrator shall clearly and 
        fully identify each gap that exists in temperature station data 
        and temperature reading data.
            (3) Fill-in data.--If in establishing the dataset the 
        Administrator supplies or fills in data to address a gap in 
        temperature station data or temperature reading data, or for 
        any other reason, the Administrator shall--
                    (A) clearly and fully identify the data so supplied 
                or filled in as fill-in data; and
                    (B) clearly and fully explain the rationale for 
                supplying or filling in such data.
    (c) Panel on Utilization of Data for Establishment of Dataset.--
            (1) In general.--The Administrator shall establish a panel 
        to assist the Administrator in the establishment of the dataset 
        required by this section.
            (2) Members.--The panel shall consist of seven individuals 
        appointed by the Administrator from among individuals in the 
        private sector with acknowledged expertise in meteorology and 
        statistics who--
                    (A) do not have a significant financial interest in 
                taking a position on the matter of global climate 
                change; and
                    (B) have not received funding from any department, 
                agency, or entity of the Federal Government for 
                activities relating to global climate research within 
                the past five years.
            (3) Duties.--The panel shall assist the Administrator in 
        establishing the dataset required by this section by--
                    (A) determining which land surface, sea surface, 
                and satellite records shall be utilized in the 
                establishment of the dataset;
                    (B) establishing standards and criteria for 
                determining confidence levels for the interpolation and 
                extrapolation of historical average global temperatures 
                over successive 25-year periods in the past; and
                    (C) establishing a rationale for an average 
                historical global temperature and a means of analysis 
                for assessing the accuracy of such average.
    (d) Independent Verification and Validation of Dataset.--
            (1) In general.--Not less often than once every three 
        years, the Administrator shall enter into a contract with an 
        appropriate entity that is independent of the Federal 
        Government to perform a verification and validation of the 
        dataset established under this section.
            (2) Appropriate entities.--An entity with which the 
        Administrator enters into a contract under this subsection 
        shall be an entity with personnel having the skills and 
        expertise appropriate for the verification or validation (as 
        the case may be) of the dataset, including the following:
                    (A) For the verification, personnel with skills and 
                expertise relating to computer programming and computer 
                software development (including error handling).
                    (B) For the validation, personnel with expertise in 
                statistics and meteorology.
            (3) Responsibilities.--In carrying out the verification or 
        validation of the dataset under a contract under this 
        subsection, an entity shall carry out such activities with 
        respect to the dataset as the Administrator shall specify in 
        the contract, including a review of any data interpolation 
        codes for purposes of identifying and eliminating bias.
            (4) Publication.--Any algorithms utilized, and any 
        determinations made, in the verification and validation of the 
        dataset pursuant to this subsection shall be made available to 
        the public.

SEC. 3. UTILIZATION OF DATASET IN GLOBAL CLIMATE RESEARCH.

    (a) Utilization as Sole Source of Data.--Upon the completion of the 
establishment of the dataset on the historical temperature record 
required by section 2, any person or entity engaged in global climate 
research that is funded in whole or in part with funds from the Federal 
Government shall utilize a dataset as the source of data on the 
historical temperature record.
    (b) Utilization Among Multiple Sources of Data.--In publishing any 
findings or hypothesis on global climate change, any person or entity 
engaged in global climate research that is funded in whole or in part 
with funds from the Federal Government shall use the dataset described 
in subsection (a) as the primary source, or at least one of their 
primary sources, for historical global temperatures if such person or 
entity elects to consider multiple sources of such data.

SEC. 4. PUBLIC RELEASE OF TEMPERATURE STATION DATA.

    (a) Release of Raw Data Required.--The Secretary of Commerce shall 
provide for the immediate release to the public, in unadjusted form, of 
all raw temperature station data from cooperative observers and 
automated stations collected by the National Climatic Data Center as of 
the date of the enactment of this Act. The data shall be released to 
the public in a digital electronic format.
    (b) Release of Certain Analyses.--The Secretary shall provide for 
the immediate release to the public of an analysis of the differences 
between the raw temperature datasets and the final temperature datasets 
collected and administered by the National Climatic Data Center as of 
the date of the enactment of this Act. The analysis shall be released 
to the public in digital numerical tabular form and in graphical form. 
One such graph shall show the raw temperature dataset line overlain 
with the final temperature dataset line over time.

SEC. 5. ACCURACY OF DATA PROCESSING AND DATA ADJUSTMENT.

    (a) Data Processing.--
            (1) Release to public.--The applicable Federal official 
        shall publish on the Internet website of the agency concerned 
        that is available to the public any coding or other algorithm 
        utilized by such official in processing data for purposes of 
        complying with the requirements of section 2 or 4, as the case 
        may be, together with a notice of the availability of the 
        review and correction of such coding or algorithm for quality, 
        objectivity, utility, and integrity by such agency pursuant to 
        the administrative mechanisms applicable to such agency under 
        section 515(b)(2)(B) of the Information Quality Act.
            (2) Review.--Any request for the correction of coding or 
        other algorithm under paragraph (1) shall be processed in 
        accordance with the guidelines of the Information Quality Act 
        applicable to the agency concerned not later than 30 days after 
        receipt of such request by such agency.
    (b) Data Adjustment.--
            (1) Methods to comply with information quality act.--The 
        applicable Federal official may not utilize a method for the 
        adjustment of data for purposes of complying with the 
        requirements of section 2 or 4, as the case may be, unless such 
        official ensures and certifies that such method complies with 
        the guidelines of the Information Quality Act, including, but 
        not limited to, requirements as follows:
                    (A) To make available to the public (including 
                through the Internet website of the agency concerned 
                that is available to the public) the computer coding 
                and a detailed explanation of the processes utilized in 
                such adjustment of data.
                    (B) To make available to the public (including 
                through such Internet website) all peer review comments 
                relating to the data being adjusted and the processes 
                and algorithms used in such adjustment of data.
                    (C) To make available to the public (including 
                through such Internet website) a description of any 
                previous changes in the data being adjusted and of the 
                effect of such changes on trends, averages, and other 
                statistical categories of such data.
                    (D) To cite all applicable studies, reports, and 
                peer reviewed papers using the data being adjusted or 
                any earlier iterations of such data.
                    (E) To utilize in such adjustment of data only data 
                and adjustment processes and algorithms that are non-
                proprietary in nature.
                    (F) To require that any agents and contractors 
                relied upon in such adjustment of data are subject to 
                section 552 of title 5, United States Code (commonly 
                referred to as the ``Freedom of Information Act''), 
                regarding their activities in such adjustment of data.
            (2) Availability upon request.--Not later than 10 days 
        after the date of receipt of a request therefor, the applicable 
        Federal official shall make available the certification with 
        respect to a method for the adjustment of data under paragraph 
        (1), together with a description of such method sufficient to 
        permit independent replication of the adjustment made by such 
        method.
    (c) Definitions.--In this section:
            (1) The term ``applicable Federal official'' means the 
        following:
                    (A) The Administrator of the National Aeronautics 
                and Space Administration for purposes of actions under 
                section 2.
                    (B) The Secretary of Commerce for purposes of 
                actions under section 4.
            (2) The term ``Information Quality Act'' means section 515 
        of the Treasury and General Government Appropriations Act, 2001 
        (as enacted into law by the Consolidated Appropriations Act, 
        2001 (Public Law 106-554; 114 Stat. 2763A-153)).
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