[Congressional Record (Bound Edition), Volume 155 (2009), Part 15]
[Senate]
[Pages 19824-19828]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REID (for himself, Mr. Nelson of Florida, Mr. Ensign, and 
        Mr. Martinez):
  S. 1530. A bill to prohibit an agency or department of the United 
States from establishing or implementing an internal policy that 
discourages or prohibits the selection of a resort or vacation 
destination as the location for a conference or event, and for other 
purposes; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1530

       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 ``Protecting Resort Cities 
     from Discrimination Act of 2009''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Tourism, including conventions and meetings, is an 
     important part of the United States economy that generates 
     billions of dollars in tax revenues for many localities.
       (2) Analysts estimate that approximately 90 percent of 
     employers in the travel industry are small businesses and 
     more than 12 percent of United States employees are employed 
     by the travel industry.
       (3) Many local economies around the country have developed 
     into destinations for vacationers and conventioneers alike, 
     and those local economies depend on the travel industry to 
     support local employment, create new jobs, and generate tax 
     revenues for critical public services.
       (4) These same destinations are home to large and small 
     businesses that have unique skills, amenities, and resources 
     for planning and facilitating meetings and conventions for 
     all purposes and, consequently, may deliver value and 
     convenience for individuals and organizations in need of a 
     location for an official event.
       (5) Locating an official event in such a city frequently 
     may save taxpayer dollars, as compared to other locations.
       (6) Agencies and departments of the United States have a 
     responsibility to find ways to maximize taxpayer dollars in 
     conducting official business, including planning and 
     conducting official meetings attended by Federal employees.
       (7) In deciding where to locate an official government 
     meeting by applying this principle of maximizing taxpayer 
     dollars, government officials often will conclude that many 
     locations known as resort destinations also will provide the 
     best value and convenience for official meetings and 
     business.
       (8) Resort and vacation destination cities tend to be 
     affected disproportionally during economic downturns and, 
     therefore, are especially vulnerable to discrimination by 
     meeting and convention planners, which could exacerbate 
     unemployment and related demands on United States taxpayers.

     SEC. 3. LIMITATION ON CERTAIN TRAVEL AND CONFERENCES POLICIES 
                   OF AGENCIES OF THE UNITED STATES.

       No agency or department of the United States may establish 
     or implement an internal policy regarding travel, event, 
     meeting, or conference locations that discourages or 
     prohibits the selection of such a location because the 
     location is perceived to be a resort or vacation destination.
                                 ______
                                 
      By Mr. REID (for Mr. Byrd (for himself, Mr. Rockefeller, Mr. 
        Casey, Mr. Webb, Mr. Shelby, and Mr. Warner)):
  S. 1534. A bill to complete construction of the 13-States Appalachian 
development highway system, and for other purposes; to the Committee on 
Environment and Public Works.
  Mr. BYRD. Mr. President, today I am introducing legislation to 
reauthorize the Appalachian Development Highway System. This network of 
highways and corridors, known as the ADHS, was designed to provide 
access to and from communities in Appalachia. The concept of the ADHS 
was born 45 years ago. It was, and is, an important promise made by the 
Federal Government to the people of my State and the rest of 
Appalachia. I thank the cosponsors of my bill: Senators Rockefeller, 
Casey, and Webb, and I look forward to working with Environment and 
Public Works Committee Chairwoman Boxer to have my legislation included 
in the next highway reauthorization.
  While serving in the House of Representatives, I cast my vote in 
favor of establishing the Interstate Highway System back in 1958. I 
have had a long history of advancing the cause of our Nation's highway 
systems and of emphasizing the immense economic and safety benefits 
that come with the improvement of all surface transportation.
  The ADHS's inception was in 1964, when it was recognized by the first 
Appalachian Regional Commission that, while the Interstate Highway 
System would provide historic economic benefits to most of our Nation, 
the system was designed to bypass the Appalachian region. This was 
primarily due to the difficulties involved in building roads upon 
Appalachia's beautiful, but very rugged topography. Absent the 
Appalachian Development Highway System, my State, as well as the whole 
of the Appalachian region, would have been left solely with a 
transportation infrastructure of dangerous, narrow, winding roads which 
follow the paths of river valleys and stream beds, winding around 
mountains and hills. Thus, the limited access to these regions has 
tended to stifle economic opportunities for countless communities--a 
problem that still exists all these years later.
  In addition to the Federal Government's responsibility to keep the 
promise made decades ago to the people of Appalachia, new benefits--
benefits to the entire Nation--have evolved because of the ADHS. In a 
recent economic analysis conducted by the Appalachian Regional 
Commission, the study found that completion of the ADHS will result in 
significant reductions in travel time for personal, business, and long-
distance freight trips. By 2020, the aggregate savings in travel time 
is estimated to be over 67 million hours, 240,000 hours daily of travel 
time saved, and grow to almost 180 million hours of reduced travel time 
by 2035.
  ADHS corridor improvements will produce significant monetized travel 
benefits to individuals and businesses both within and outside the ARC 
region. Total user benefits--travel time, fuel and non-fuel operating 
costs, and safety--are estimated to be $1.3 billion in 2020, the year 
of system completion, and grow to $4.3 billion by 2035. Over half the 
benefit is expected to accrue to business-related travel--commodity-
based truck flows, local nonfreight truck trips, and on-the-clock auto 
trips.
  The reason for the existence of the Appalachian Development Highway 
System is no less valid today than when it was established in 1964. The 
benefits of completion of the ADHS are twofold: continue to make 
inroads into isolated communities, and address and alleviate an already 
overly burdened Interstate Highway System.
  Unfortunately, there are still children in Appalachia who lack decent 
transportation routes to local schools. There are thousands upon 
thousands of people who cannot obtain sustainable, well-paying jobs 
because of poor transportation access to major employment centers. Some 
of the most beautiful places in the country are in Appalachia, but for 
tourism to thrive, Americans must be able to actually get to these 
beautiful destinations.
  It is time for this Congress, in concert with the administration, to 
take the last great leap forward and to authorize sufficient contract 
authority to

[[Page 19825]]

finally complete the Appalachian Development Highway System. The 
legislation I am introducing today will provide sufficient contract 
authority to complete the system, and the completion of the system will 
provide additional economic opportunities, safer modes of travel, and 
ease the strain on our current transportation infrastructure.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Mr. Cardin):
  S. 1535. A bill to amend the Fish and Wildlife Act of 1956 to 
establish additional prohibitions on shooting wildlife from aircraft, 
and for other purposes; to the Committee on Environment and Public 
Works.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation 
to prevent the cruel and unsportsmanlike practice of hunting from 
airplanes.
  This practice undermines the hunting principle of a fair chase and 
often leads to a slow and painful death for the hunted animals.
  I firmly believe that slaughter must be the very last option when it 
comes to wildlife management. Moreover, if slaughter must be carried 
out, it should be done in the most humane method possible.
  In my opinion, allowing private citizens to hunt from airplanes runs 
contrary to this belief.
  Specifically, the Protect America's Wildlife Act closes the loophole 
in current law that allows private citizens to hunt from aircraft. It 
limits airborne hunting to employees of state fish and wildlife 
agencies, the U.S. Department of Agriculture and the Department of the 
Interior.
  It eliminates the practice of ``land-and-shoot'' hunting by 
prohibiting the chasing or exhausting of animals from an aircraft.
  It provides an exception to allow airborne hunting during biological 
emergencies, which is defined as a case where a wildlife population's 
sustainability is significantly threatened by an excess of predators.
  It also ensures that this exception only applies to when it is the 
only way to prevent a biological emergency, and limits the number of 
animals killed to a minimum.
  Finally, it increases fines for violations of the Airborne Hunting 
Act from $5,000 to $50,000.
  It does not preclude States or Federal agencies from carrying out 
responsible wildlife management programs.
  Congress initially passed the Airborne Hunting Act of 1971 as a 
result of the public's reaction to film of this practice broadcast over 
television.
  Currently, a loophole in the Airborne Hunting Act permits States to 
allow private citizens to engage in airborne hunting of wildlife--in 
most cases wolves and bears--under the guise of wildlife management.
  It was clear in the 1970's, as it is now, that airborne hunting is 
inhumane and must be stopped.
  In my opinion, aerial hunting methods are cruel and unnecessary for 
wildlife management--and undermine the principles of sportsmanship.
  Since 2003, more than 1,000 wolves have been killed from the air in 
the State of Alaska. According to the animal welfare group the 
Defenders of Wildlife, more than 250 wolves have been shot dead during 
the current hunting season alone.
  Aerial hunting is typically carried out in one of two ways:
  In the first method, a hunter will shoot the wolf directly from the 
aircraft while flying overhead. This frequently wounds the wolf, 
leading to a slow, painful death.
  In the second method, known as ``land-and-shoot,'' a hunter flying in 
an aircraft will chase the wolf until it is exhausted, land, and kill 
the animal from point-blank range.
  So, I am introducing a bill today to close the airborne hunting 
loophole that allows it to continue.
  This legislation would not impinge on legitimate hunting rights.
  This bill does not prohibit the use of airplanes for transportation. 
A hunter would still be able to legally fly anywhere, anytime, and hunt 
as they otherwise would.
  Further, all other legal methods of transportation or hunting may 
also continue: on foot, by snowmobile, by all-terrain vehicle, etc.
  The State of Alaska, where airborne hunting is more prevalent, argues 
that wolf populations must be limited to support sustainable levels of 
moose and caribou.
  The State continues to carry out airborne hunting by private citizens 
with authority from the State Department of Game, which argues that the 
moose and caribou populations must be increased.
  It is estimated that the State's resident hunters alone contribute 
roughly $662 million annually to the economy. The hunting industry also 
sustains 10,000 jobs.
  With this in mind, it is certainly not my intention to prevent 
Alaska, or any other state for that matter, from maintaining a robust 
hunting and tourism industry.
  This is a balanced bill that will enable states to responsibly manage 
wildlife populations, while banning the most egregious cases of aerial 
hunting by civilians.
  It limits the practice of airborne hunting to employees of State and 
Federal wildlife agencies without impinging on legitimate sport hunting 
practices.
  It is also supported by former members of the Alaska Board of Game 
that agree this practice should be controlled.
  I became concerned about inhumane wildlife management practices due 
to the slaughter of nonnative deer in my own State.
  Beginning in the summer of 2007, the National Park Service began 
culling Axis and Fallow deer at Point Reyes National Seashore near San 
Francisco. This inhumane shooting resulted in a number of deer dying 
slow and painful deaths. Some were left to rot in the Park.
  Hundreds of constituents from the Bay Area raised an outcry about 
this practice and I am pleased that the National Park Service has 
stopped slaughtering the deer.
  In conclusion, this bill prohibits the cruel practice of aerial sport 
hunting, while safeguarding the rights of legitimate hunters and 
allowing States and the Federal Government to maintain responsible 
wildlife management.
  I am certainly open to the suggestions of my colleagues who have 
ideas for improving this legislation and look forward to working with 
them to pass it quickly.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1535

       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 ``Protect America's Wildlife 
     Act of 2009''.

     SEC. 2. ADDITIONAL PROHIBITIONS.

       Section 13(a) of the Fish and Wildlife Act of 1956 (16 
     U.S.C. 742j-1(a)) is amended--
       (1) in paragraph (1), by striking ``or'' after the 
     semicolon;
       (2) in paragraph (2), by striking ``or'' after the 
     semicolon;
       (3) in paragraph (3), by adding ``or'' after the semicolon; 
     and
       (4) by inserting after paragraph (3) the following:
       ``(4) knowingly violates any regulation promulgated under 
     this Act;''; and
       (5) in the matter following paragraph (4) (as inserted by 
     this section), by striking ``$5,000'' and inserting 
     ``$50,000''.

     SEC. 3. EXCEPTIONS TO PROHIBITIONS.

       Section 13(b) of the Fish and Wildlife Act of 1956 (16 
     U.S.C. 742j-1(b)) is amended--
       (1) in paragraph (1), by striking ``This section'' and 
     inserting ``Subject to paragraph (3), this section'';
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``issues a permit referred to in'' and inserting ``authorizes 
     an employee, agent, or person operating under a license or 
     permit to take an action under'';
       (B) in subparagraph (A), by striking ``to whom a permit was 
     issued'' and inserting ``so authorized'';
       (C) in subparagraph (B), by striking ``thereunder'';
       (D) in subparagraph (C), by striking ``to whom a permit was 
     issued''; and
       (E) in subparagraph (D), by striking ``issuing the permit'' 
     and inserting ``authorizing the action, including the 
     scientific

[[Page 19826]]

     basis for actions identified in subsection (a) that are 
     warranted to administer or protect or aid in the 
     administration or protection of land, water, wildlife, 
     livestock, domesticated animals, human life, or crops''; and
       (3) by adding at the end the following:
       ``(3) Enhancing the propagation and survival of wildlife.--
     No person exempted under paragraph (1) may shoot, attempt to 
     shoot, or harass any wolf, bear, or wolverine for the purpose 
     of enhancing the propagation and survival of wildlife, 
     including game populations, unless--
       ``(A) the head of the fish and wildlife agency of the State 
     and, for game populations on land under the jurisdiction of 
     the Department of the Interior, the Secretary of the 
     Interior, or for game populations on land under the 
     jurisdiction of the Department of Agriculture, the Secretary 
     of Agriculture, determines, based on the best scientific data 
     available, that--
       ``(i) a biological emergency is imminent; and
       ``(ii) all other practicable means to prevent the 
     biological emergency, including stopping regulated takes of 
     the declining population, have been implemented;
       ``(B) the action is carried out--
       ``(i) by an officer or employee of--

       ``(I) the fish and wildlife agency of the State; or
       ``(II)(aa) for game populations on land under the 
     jurisdiction of the Department of the Interior, the 
     Department of the Interior; or
       ``(bb) for game populations on land under the jurisdiction 
     of the Department of Agriculture, the Department of 
     Agriculture; and

       ``(ii) only in the specific geographical area in which the 
     imminent biological emergency is located; and
       ``(C) the action results in the removal of not more than 
     the minimum number of predators necessary to prevent the 
     biological emergency.
       ``(4) Exception relating to actions authorized by secretary 
     of the interior.--The Secretary of the Interior may authorize 
     any action described in subsection (a)--
       ``(A) to prevent the extinction of a species that is listed 
     as a threatened or endangered species under section 4(c)(1) 
     of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)); 
     and
       ``(B) if the Secretary of the Interior determines that 
     there is no other means available to address the threat of 
     extinction of the species described in subparagraph (A).''.

     SEC. 4. DEFINITIONS.

       Section 13 of the Fish and Wildlife Act of 1956 (16 U.S.C. 
     742j-1) is amended by striking subsection (c) and inserting 
     the following:
       ``(c) Definitions.--In this section:
       ``(1) Aircraft.--The term `aircraft' means any contrivance 
     used for flight in the air.
       ``(2) Biological emergency.--The term `biological 
     emergency' means the likely extirpation or a significant and 
     imminent threat to the sustainability of a wildlife 
     population due to predation by wolves, bears, or wolverines, 
     or any combination of those animals.
       ``(3) Harass.--The term `harass' means--
       ``(A) chasing or exhausting an animal; and
       ``(B) such other activities as are determined by the 
     Secretary.''.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself, Ms. Cantwell, Mr. Nelson of 
        Florida, and Mr. Begich):
  S. 1538: A bill to establish a black carbon and other aerosols 
research program in the National Oceanic and Atmospheric Administration 
that supports observations, monitoring, modeling, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Mr. ROCKEFELLER. Mr. President, as our Nation wrestles with the 
impacts of a changing climate, we need strong science to inform our 
decision-making. Today, I am introducing two bills to support that 
effort.
  The first, the Black Carbon, S. 1538, and Other Aerosols Research 
Act, S. 1539, would direct research dollars towards improving our 
understanding of a major component of climate change--atmospheric 
aerosols. We need more information about how aerosols, including black 
carbon, impact climate change and how limiting their emissions will 
ultimately affect the rate of melting in the Arctic and overall climate 
change. Emerging research shows that black carbon and other aerosols 
have a major impact on global climate change. In fact, the effect of 
black carbon is thought to be second only to carbon dioxide. In order 
to reduce the impacts of aerosols on climate and air quality, we need 
to better understand their effects. Improved aerosols monitoring, 
measurements, and models are therefore necessary to improve our 
response to climate change. This legislation would authorize a program 
within the National Oceanic and Atmospheric Administration to observe, 
monitor, and model black carbon and other aerosols to better understand 
the roles of black carbon and other aerosols in climate change.
  Identifying and quantifying human and natural emissions of greenhouse 
gases are necessary to make informed decisions about emission reduction 
strategies. Effective policy to address climate change requires 
monitoring and validation of emissions from specific sources and 
projects. Given the investments required to meet the challenge of 
greenhouse gas reductions, it is critical that efforts to reduce 
emissions be verifiable at local, regional, national, and international 
levels and consistent with evidence in the atmosphere. The second bill 
I am introducing today, the Greenhouse Gas Observing and Analysis 
System Act, would establish a robust monitoring and analysis program to 
provide more precise and verified estimates of the amount of greenhouse 
gases in the atmosphere. This would help us monitor the effectiveness 
of programs and policies designed to reduce emissions.
  We need continued research investments to answer the ``hows,'' and 
the ``whys,'' regarding climate change. How are we going to be 
impacted? Why is our atmosphere and planet responding the way it is? We 
need sound answers to these questions to be agile and to adapt to the 
changes our globe is experiencing. These bills will help us answer 
these and many other questions.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1538

       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 ``Black Carbon and Other 
     Aerosols Research Act of 2009''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to develop a monitoring and research plan--
       (A) to identify natural and anthropogenic sources of black 
     carbon and other aerosols and to monitor their atmospheric 
     and deposited concentrations on both a temporal and a spatial 
     scale;
       (B) to measure, monitor, model, and assess black carbon and 
     other aerosols in regard to their atmospheric concentrations 
     and deposited forms--
       (i) to establish how these substances impact regional- and 
     global-scale climate change and air quality;
       (ii) to determine their regional impacts, with a focus on 
     the polar regions and other snow and ice covered areas; and
       (iii) to estimate, in the United States and globally, 
     spatial and temporal black carbon and other aerosol 
     concentrations, and deposition trends in collaboration with 
     the National Institute of Standards and Technology and other 
     appropriate partners; and
       (C) to develop models to assist policy makers and to 
     increase understanding of--
       (i) the transport and transformation of black carbon and 
     other aerosols to improve knowledge of their distributions 
     and climate-forcing properties; and
       (ii) the individual and combined roles of black carbon and 
     other aerosols on regional and global climate change on both 
     a temporal and a spatial scale; and
       (2) to establish a black carbon and other aerosols 
     monitoring and research program within the National Oceanic 
     and Atmospheric Administration.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       (2) Black carbon.--The term ``black carbon'' means the 
     strongly light absorbing aerosol that--
       (A) is composed of fine particles containing carbon 
     produced by the incomplete combustion of fossil fuels, 
     biofuel, and biomass and other activities;
       (B) exists in both atmospheric and deposited forms; and
       (C) is sometimes associated with impaired air quality and 
     climate change.
       (3) Other aerosols.--The term ``other aerosols'' means the 
     components of atmospheric aerosols, fine particles suspended 
     in air, that contribute to climate-forcing and climate 
     change, including inorganic, organic, dust, and carbonaceous 
     substances, either separately or in combination.

     SEC. 4. BLACK CARBON AND OTHER AEROSOLS MONITORING AND 
                   RESEARCH PLAN.

       (a) In General.--The Administrator shall develop an 
     observation, monitoring, modeling, and research plan for 
     black carbon and other aerosols that includes--

[[Page 19827]]

       (1) analysis of gaps in scientific methods and research 
     on--
       (A) black carbon and other aerosols; and
       (B) the effect of black carbon, both singly and in 
     combination with other factors, on climate change and air 
     quality on both a regional and a global scale; and
       (2) identification of priorities for Federal research on 
     black carbon and other aerosols necessary to understand their 
     role in climate change and air quality on both a regional and 
     a global scale;
       (3) a framework for modeling--
       (A) the temporal and spatial effects of black carbon and 
     other aerosols on climate, both singly and in combination, on 
     regional and global scales and processes;
       (B) the transportation and transformation of black carbon 
     and other aerosols to gain insight into their distribution 
     and climate-forcing properties; and
       (C) the influence of black carbon on clouds and cloud 
     particles to understand and quantify their role in large-
     scale circulation and the hydrologic cycle;
       (4) appropriate methods that--
       (A) identify sources of black carbon and other aerosols, 
     both anthropogenic and naturally occurring, and
       (B) measure, monitor, and increase understanding of the 
     atmospheric concentrations and properties as well as the 
     deposited forms, on both a temporal and a spatial scale;
       (5) a comparative evaluation of the global and regional 
     climate-forcing properties of black carbon and other aerosols 
     and their effect on regional and global climate change and 
     the loss of Arctic sea ice; and
       (6) observation systems, needs, and assets necessary to 
     develop and implement a black carbon and other aerosols 
     monitoring and research program within the National Oceanic 
     and Atmospheric Administration.
       (b) Advisory Panel.--The Administrator shall establish a 
     Black Carbon and Other Aerosols Advisory Panel to assist in 
     the development and implementation of the plan.
       (c) Report.--No later than 270 days after the date of 
     enactment of this Act, the Administrator shall submit a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Science and Technology describing the plan required by 
     subsection (a).

     SEC. 5. BLACK CARBON AND OTHER AEROSOLS RESEARCH AND 
                   MONITORING PROGRAM.

       (a) In General.--The Administrator shall establish and 
     maintain a black carbon and other aerosols monitoring and 
     research program that combines observations, research, 
     monitoring, modeling, and other activities within the 
     National Oceanic and Atmospheric Administration, consistent 
     with the plan required by section 4(a), that includes--
       (1) coordinated monitoring and research activities to 
     improve understanding of the sources, atmospheric 
     concentrations, deposited forms, and interactions among black 
     carbon and other aerosols that influence their contribution 
     to climate change processes on both a regional and a global 
     scale;
       (2) strategic modeling activities that improve 
     understanding of--
       (A) the transportation and transformation of aerosols, to 
     improve knowledge of their distributions and climate-forcing 
     properties; and
       (B) the separate and combined roles of black carbon and 
     other aerosols in regional and global climate change and air 
     quality, on regional, global and temporal scales, to improve 
     understanding of these substances and their roles in climate 
     change;
       (3) educational opportunities that--
       (A) encourage an interdisciplinary and international 
     approach to exploring the associated sources and impacts of 
     black carbon and other aerosols; and
       (B) increase interactions between the measurement and 
     modeling communities in order to optimize use of available 
     data;
       (4) public outreach activities that improve understanding 
     of the current scientific knowledge of black carbon and other 
     aerosols and their impact on climate change;
       (5) coordination of black carbon and other aerosols 
     monitoring research with the National Institute of Standards 
     and Technology and other appropriate international and 
     national government agencies, private entities, and others; 
     and
       (6) an assessment of the role black carbon and other 
     aerosols have in regional and global climate change and air 
     quality.
       (b) Grant Program.--
       (1) In general.--The Administrator shall establish a grant 
     program to provide grants for critical research and projects 
     that improve the ability to measure, monitor, model, and 
     assess black carbon and other aerosols with respect to their 
     atmospheric concentrations and deposited forms, including 
     research that supports means of reducing the impacts of black 
     carbon and other aerosols on climate.
       (2) Consultation with panel.--The Administrator shall 
     consult with the Black Carbon and Other Aerosols Advisory 
     Panel, and shall work cooperatively with the National 
     Institute of Standards and Technology and other Federal 
     agencies, to establish criteria for such research and 
     projects.
       (3) Participation by federal agencies.--Federal agencies 
     may collaborate with, and participate in, such research and 
     projects to the extent requested by the grant recipient.
       (4) Award process.--Grants under this subsection shall be 
     awarded extramurally through a competitive peer-reviewed, 
     merit-based process that may be conducted jointly with other 
     Federal agencies working on black carbon and aerosols and 
     their role in and relationship to climate change.
       (c) Coordination with Other Agencies.--The Administrator 
     shall coordinate development of the plan under section 4 and 
     the monitoring and research program under subsection (a) of 
     this section with the National Institute of Standards and 
     Technology and other relevant Federal agencies.
       (d) Additional Authority.--In conducting the program, the 
     Administrator may execute and perform such contracts, leases, 
     grants, or cooperative agreements as may be necessary to 
     carry out the purposes of this Act on such terms as the 
     Administrator considers appropriate.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the 
     Administrator for each of fiscal years 2010 through 2015--
       (1) $10,000,000 for grants under section 5(b); and
       (2) $10,000,000 for the National Oceanic and Atmospheric 
     Administration to carry out the other provisions of this Act.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself and Mr. Nelson of Florida):
  S. 1539. A bill to authorize the National Oceanic and Atmospheric 
Administration to establish a comprehensive greenhouse gas observation 
and analysis system, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1539

       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 ``Greenhouse Gas Observation 
     and Analysis System Act''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to establish a comprehensive national greenhouse gas 
     observation and analysis system to support verification of 
     greenhouse gas emissions;
       (2) to establish a baseline characterizing the influence of 
     current and past greenhouse gas emissions on atmospheric 
     composition; and
       (3) to provide a scientifically-robust record of 
     atmospheric greenhouse gas concentrations.

     SEC. 3. ESTABLISHMENT OF GREENHOUSE GAS OBSERVATION AND 
                   ANALYSIS SYSTEM.

       (a) In General.--The Administrator shall establish a 
     greenhouse gas observation and analysis system that will 
     offer the resolution and widespread coverage required to 
     verify reduction and mitigation of greenhouse gases. In 
     establishing the system, the Administrator shall coordinate 
     with the Department of Commerce's National Institute of 
     Standards and Technology, the National Aeronautics and Space 
     Administration, the National Science Foundation, the 
     Department of Energy, the Department of Agriculture, and the 
     United States Geological Survey.
       (b) System Components.--The system--
       (1) shall be an operational and scientifically-robust 
     greenhouse gas observation and analysis system that includes 
     local and regional ground-based observations, space-based 
     observations, carbon-cycle modeling, greenhouse gas 
     inventories, meta-analysis, and extensive data integration 
     and distribution to provide quantitative information about 
     sources, sinks, and fluxes of greenhouse gases at relevant 
     temporal and spatial scales; and
       (2) shall be capable of--
       (A) differentiating between source and sink exchanges;
       (B) identifying types of emissions (fossil-fuel and non-
     fossil fuel sources); and
       (C) tracking agricultural and other sinks; and
       (3) shall include--
       (A) sustained ground, sea, and air-based measurements;
       (B) sustained space-based observations;
       (C) measurements of tracer, including isotopes and non-
     carbon dioxide gases;
       (D) carbon cycle monitoring;
       (E) carbon cycle modeling;
       (F) traceability to the International System of Units; and
       (G) data assimilation and analysis.
       (c) Coordination.--The Administrator shall, to the extent 
     appropriate--
       (1) facilitate coordination of--
       (A) observations and modeling;
       (B) data and information management systems, including 
     archive and access; and
       (C) the development and transfer of technologies to 
     facilitate the evaluation of

[[Page 19828]]

     greenhouse gas emission reductions, offsets, and other 
     mitigation strategies;
       (2) coordinate with the National Institute of Standards and 
     Technology to make sure that the greenhouse gas observation 
     and analysis system is based upon quantitative measurements 
     traceable to international standards; and
       (3) coordinate with other Federal agencies and 
     international organizations and agencies involved in 
     international or domestic programs.

     SEC. 4. SYSTEM PLAN.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall, in 
     coordination with the agencies described in section 3, 
     develop and submit a plan for an integrated and comprehensive 
     greenhouse gas observation and analysis system to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Science and Technology.
       (b) Plan Requirements.--The plan shall--
       (1) identify and describe current national and 
     international greenhouse gas observation networks, modeling, 
     and data analysis efforts;
       (2) contain an inventory of agency data relevant to 
     greenhouse gases;
       (3) assess gaps, conflicts, and opportunities with respect 
     to the matters described in paragraphs (1) and (2);
       (4) establish priorities, define agency roles, and make 
     recommendations on necessary capacity and capabilities for--
       (A) ground, sea, air-based measurements;
       (B) sustained space-based observations;
       (C) measurements of tracer, including isotopes and non-
     carbon dioxide gases;
       (D) carbon cycle monitoring;
       (E) carbon cycle modeling;
       (F) measurement traceability and comparability;
       (G) data assimilation and analysis; and
       (H) data archive management and data access; and
       (5) establish and define mechanisms for ensuring continuity 
     of domestic and international greenhouse gas measurements, 
     and contribute to international efforts to build and operate 
     a global greenhouse gas information system, in coordination 
     with the World Meteorological Organization and other 
     international organizations and agencies, as appropriate.

     SEC. 5. REPORTS.

       The Administrator shall, not less than every 4 years after 
     the date of enactment of this Act and in coordination with 
     the agencies described in section 3, submit a report to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Science and 
     Technology that includes--
       (1) an analysis of the progress made toward achieving the 
     goals and objectives of the plan outlined in section 4;
       (2) an evaluation of the effectiveness of the system;
       (3) recommendations concerning modifications to the system;
       (4) an analysis of the consistency of reported greenhouse 
     gas emission reductions with independent observations of 
     atmospheric and Earth-system trends; and
       (5) an update on changes or trends in Earth-system sources 
     and sinks of greenhouse gases.

     SEC. 6. AGREEMENTS.

       (a) In General.--The Administrator may enter into and 
     perform such contracts, leases, grants, cooperative 
     agreements, or other agreements as may be necessary to carry 
     out the purposes of this Act.
       (b) Specific Authority.--Notwithstanding any other 
     provision of law, the Administrator may--
       (1) enter into long-term leases of up to 20 years for the 
     use of unimproved land to site small shelter facilities, 
     antennae, and equipment including weather, tide, tidal 
     currents, river, and air sampling or measuring equipment;
       (2) enter into long-term licenses of up to 20 years at no 
     cost to site facilities and equipment including weather, 
     tide, tidal currents, river, and air sampling or measuring 
     equipment;
       (3) acquire (by purchase, lease, or otherwise), lease, 
     sell, and dispose of or convey services, money, securities, 
     or property (whether real, personal, intellectual, or of any 
     other kind) or an interest therein;
       (4) construct, improve, repair, operate, maintain, 
     outgrant, and dispose of real or personal property, including 
     buildings, facilities, and land; and
       (5) waive capital lease scoring requirements for any lease 
     of space on commercial antennas to support weather radio 
     equipment, air sampling, or measuring equipment.
       (c) Certain Leased Equipment.--Notwithstanding any other 
     provision of law, rule, or regulation, leases of antenna or 
     equipment on towers or other structures shall be considered 
     operating leases for the purpose of capital lease scoring.

     SEC. 7. EFFECT ON OTHER LAWS.

       Nothing in this Act shall be construed to supersede or 
     alter the existing authorities of any Federal agency with 
     respect to Earth science research or greenhouse gas 
     mitigation.

     SEC. 8. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       (2) Earth-system.--The term ``Earth-system'' means the 
     Earth's biosphere, including the ocean, atmosphere, and soils 
     that influence the amounts of greenhouse gas in the 
     atmosphere.
       (3) Greenhouse gas.--The term ``greenhouse gas'' means a 
     gas in the atmosphere that increases the radiative forcing of 
     the Earth-atmosphere system.
       (4) International system of units.--The term 
     ``International System of Units'' means the modern metric 
     system of units established in 1960 by the 11th General 
     Conference on Weight and Measures.
       (5) Radiative forcing.--The term ``radiative forcing'' 
     means the measure of the influence that a substance or 
     process has in altering the balance of incoming and outgoing 
     energy in the Earth-system.
       (6) Sink.--The term ``sink'' means the removal of a 
     greenhouse gas from the atmosphere.
       (7) Source.--The term ``source'' means the emission of a 
     greenhouse gas into the atmosphere.
       (8) System.--The term ``system'' means the national 
     greenhouse gas observation and analysis system established 
     under section 3.
       (9) Tracer.--The term ``tracer'' means an atmospheric 
     substance that can be used to assess or determine the origin 
     of a greenhouse gas.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     Commerce such sums as appropriate to carry out this Act.

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