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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5469 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5469

To direct the Secretary of the Interior to establish a National Climate 
   Adaptation Science Center and Regional Climate Adaptation Science 
Centers to respond to the effects of extreme weather events and climate 
                    trends, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 10, 2024

    Ms. Hirono (for herself, Mr. Durbin, Mr. Markey, Mr. Lujan, Mr. 
Whitehouse, Ms. Smith, Mr. Heinrich, Ms. Warren, Mr. Hickenlooper, Mr. 
 Schatz, and Mr. Wyden) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
To direct the Secretary of the Interior to establish a National Climate 
   Adaptation Science Center and Regional Climate Adaptation Science 
Centers to respond to the effects of extreme weather events and climate 
                    trends, 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 ``Climate Adaptation Science Centers 
Act'' or the ``CASC Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Adaptation.--The term ``adaptation'' means--
                    (A) the process of adjustment to actual or expected 
                climate and the effects of extreme weather, climate 
                trends, and climate variability; and
                    (B) protection, management, and conservation 
                efforts designed to maintain or enhance the ability of 
                people, fish, wildlife, plants, land, ecosystems, and 
                water of the United States to withstand, adjust to, or 
                recover from the effects of extreme weather, climate 
                trends, and climate variability.
            (2) Advisory service activities.--The term ``advisory 
        service activities'' means activities including--
                    (A) sharing climate science and climate adaptation 
                knowledge between National and Regional Climate 
                Adaptation Science Center researchers, stakeholders, 
                and other partners;
                    (B) building collaborations between National and 
                Regional Climate Adaptation Science Center researchers, 
                stakeholders, and other partners; and
                    (C) integrating climate adaptation science into 
                natural and cultural resource management, decision-
                making and planning.
            (3) Committee.--The term ``Committee'' means the Advisory 
        Committee on Climate and Natural Resource Sciences established 
        under section 6.
            (4) Consortium institution.--The term ``consortium 
        institution'' means college, university, State cooperative 
        institution, State agency, Indian Tribe, Tribal College or 
        University, Historically Black College or University, Tribal 
        organization, Native Hawaiian organization, minority-serving 
        institution, or other educational institution or organization, 
        Federal agency, public or private organization, or any other 
        party within each regional center other than the United States 
        Geological Survey and the host institution.
            (5) Cultural resources.--The term ``cultural resources''--
                    (A) means those features and values related to 
                cultural heritage; and
                    (B) includes--
                            (i) biological species with cultural 
                        heritage or ceremonial importance, and historic 
                        and precontact sites, cultural landscapes, 
                        trails, structures, inscriptions, art, and 
                        artifacts on Federal lands or representative of 
                        the culture of Indian Tribes, Native Hawaiians, 
                        and Native American Pacific Islanders; and
                            (ii) resources considered to be cultural 
                        resources according to the traditional 
                        knowledge of Indian Tribes, Native Hawaiians, 
                        and Native American Pacific Islanders.
            (6) Department.--The term ``Department'' means the 
        Department of the Interior.
            (7) Ecosystem services.--The term ``ecosystem services'' 
        means those benefits that ecosystems provide humans and human 
        society, including clean air, clean water, and other 
        economically important services.
            (8) Historically black colleges and universities.--The term 
        ``Historically Black Colleges and Universities'' has the same 
        meaning given the term ``part B institutions'' in section 322 
        of the Higher Education Act of 1965 (20 U.S.C. 1061).
            (9) Host institution.--The term ``host institution'' means 
        the non-Federal lead organization within each regional center.
            (10) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304(e)).
            (11) Minority-serving institution.--The term ``minority-
        serving institution'' means a Hispanic-serving institution, an 
        Alaska Native-serving institution, a Native Hawaiian-serving 
        institution, a Predominantly Black Institution, an Asian 
        American and Native American Pacific Islander-serving 
        institution, or a Native American-serving nontribal institution 
        (as described in section 371 of the Higher Education Act of 
        1965 (20 U.S.C. 1067q(a))).
            (12) National center.--The term ``National Center'' means 
        the National Climate Adaptation Science Center established 
        under section 3(a).
            (13) Native american pacific islanders.--The term ``Native 
        American Pacific Islanders'' means any descendent of the 
        aboriginal people of any island in the Pacific Ocean that is a 
        territory of the United States.
            (14) Native hawaiian.--The term ``Native Hawaiian'' means 
        any individual who is a descendant of the aboriginal people 
        who, prior to 1778, occupied and exercised sovereignty in the 
        area that now constitutes the State of Hawaii.
            (15) Native hawaiian organization.--The term ``Native 
        Hawaiian organization'' means--
                    (A) the Office of Hawaiian Affairs;
                    (B) Hui Malama I Na Kupuna O Hawai'i Nei; and
                    (C) any other organization that--
                            (i) serves and represents the interests of 
                        Native Hawaiians;
                            (ii) has as a primary and stated purpose 
                        the provision of services to Native Hawaiians; 
                        and
                            (iii) has expertise in Native Hawaiian 
                        Affairs.
            (16) Natural resources.--The term ``natural resources'' has 
        the meaning given that term in section 11.14 of title 43, Code 
        of Federal Regulations.
            (17) Regional center.--The term ``regional center'' means 
        one of the Regional Climate Adaptation Science Centers 
        established under section 3(a) that provide support for 
        specific geographic locations in the United States.
            (18) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (19) State.--The term ``State'' means--
                    (A) a State of the United States;
                    (B) the District of Columbia;
                    (C) American Samoa;
                    (D) Guam;
                    (E) the Commonwealth of the Northern Mariana 
                Islands;
                    (F) Puerto Rico; and
                    (G) the Virgin Islands of the United States.
            (20) Tribal college or university.--The term ``Tribal 
        College or University'' means an institution that--
                    (A) qualifies for funding under the Tribally 
                Controlled Colleges and Universities Assistance Act of 
                1978 (25 U.S.C. 1801 et seq.) or the Navajo Community 
                College Act (25 U.S.C. 640a note); or
                    (B) is cited in section 532 of the Equity in 
                Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 
                note).
            (21) Tribal organization.--The term ``Tribal organization'' 
        means--
                    (A) the recognized governing body of any Indian 
                Tribe; or
                    (B) any legally established organization of Indians 
                that is--
                            (i) controlled, sanctioned, or chartered by 
                        the recognized governing body of an Indian 
                        Tribe; or
                            (ii)(I) democratically elected by the adult 
                        members of the Indian community to be served by 
                        such organization; and
                            (II) includes the maximum participation of 
                        Indians in all phases of its activities.
            (22) University.--The term ``university'' has the meaning 
        given to the term ``institution of higher education'' in 
        section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1001(a)).

SEC. 3. ESTABLISHMENT AND DUTIES.

    (a) Establishment.--
            (1) In general.--The Secretary, in collaboration with 
        States, Indian Tribes, and other partner organizations, shall 
        establish a program to be known as the ``National and Regional 
        Climate Adaptation Science Centers'', which shall--
                    (A) provide scientific expertise to agencies, 
                organizations, individuals, Indian Tribes, tribal 
                organizations, and Native Hawaiian organizations 
                engaged in the management of natural resources, 
                cultural resources, and ecosystem services for the 
                purpose of informing decisions that aid adaptation to a 
                changing climate and extreme weather events; and
                    (B) include a National Climate Adaptation Science 
                Center and Regional Climate Adaptation Science Centers.
            (2) Chief; directors.--
                    (A) Chief.--The Chief of the National Center shall 
                be a United States Geological Survey employee and shall 
                be responsible for national-scale and network-wide 
                strategic initiatives, science direction, and 
                partnerships.
                    (B) Directors.--Each regional center shall have--
                            (i) a Federal Director who shall--
                                    (I) be a United States Geological 
                                Survey employee;
                                    (II) report directly to the Chief 
                                of the National Center; and
                                    (III) be responsible for region-
                                specific and cross-regional strategic 
                                initiatives and implementation of 
                                climate science research agendas; and
                            (ii) a Host Institution Director who 
                        shall--
                                    (I) carry out the terms and 
                                conditions of the financial assistance 
                                award;
                                    (II) lead the institutional 
                                consortium in each region; and
                                    (III) oversee training and capacity 
                                building at the host and consortium 
                                institutions.
                    (C) Cooperative work.--Each Regional Federal 
                Director and each Host Institution Director shall work 
                cooperatively to further the mission of the relevant 
                regional center.
                    (D) Administration.--The National Center and all 
                regional centers shall be administered by the United 
                States Geological Survey.
    (b) Duties of the National Center.--In collaboration with Federal 
agencies, States, Indian Tribes, Tribal organizations, Native 
Hawaiians, Native Hawaiian organizations, Native American Pacific 
Islanders, and other partner organizations, the National Center shall--
            (1) serve as the national office for the regional centers;
            (2) provide leadership and guidance on administration, 
        partnerships, information management, and communications;
            (3) develop and facilitate coordination among the regional 
        centers;
            (4) coordinate and collaborate with other Federal agencies 
        working on similar research and activities to--
                    (A) minimize, as much as possible, the duplication 
                of research and effort; and
                    (B) use, as much as possible, existing data in the 
                development of new or ongoing research;
            (5) conduct research on cross-regional and national science 
        priorities;
            (6) support regional centers that--
                    (A) are hosted at a university, or a consortium of 
                universities or other research institutions, within the 
                region of each regional center;
                    (B) are collaborations between the Federal Director 
                and the Host Institution Director and their staffs to 
                address the broad scientific mission and goals as 
                defined by the National Center in a manner that is 
                relevant to its specific geographic region and in 
                cooperation with State and local governments, Indian 
                Tribes, Tribal organizations, Native Hawaiians, Native 
                Hawaiian organizations, Native American Pacific 
                Islanders, and other entities within that region;
                    (C) promote research, education, training, and 
                advisory service activities to stakeholders, Tribal 
                governments, and the public via informational 
                publications, trainings, and other outreach methods; 
                and
                    (D) receive funding at the host institution through 
                cooperative agreements, contracts, and grants under 
                section 4; and
            (7) acting through the Chief of the National Center, with 
        respect to the regional centers--
                    (A) evaluate and assess the performance of the 
                programs of regional centers every five years, using 
                the priorities, guidelines, and qualifications 
                established by the Secretary under this section, and 
                determine if the programs are well managed and carry 
                out high-quality research, education, training, and 
                advisory service activities; and
                    (B) subject to the availability of appropriations, 
                allocate funding among regional centers so as to--
                            (i) conduct regionally relevant research, 
                        education, training, and advisory service 
                        activities in each of the regions;
                            (ii) encourage collaborations among 
                        regional centers to address regional and 
                        national priorities established under this 
                        section;
                            (iii) ensure successful implementation and 
                        operation of regional centers;
                            (iv) to the maximum extent consistent with 
                        other provisions of this Act, provide a stable 
                        base of funding in support of the regional 
                        centers on 5-year terms, with additional funds 
                        available annually subject to the availability 
                        of appropriations;
                            (v) encourage and promote coordination and 
                        cooperation between the research, education, 
                        training, and advisory service activities of 
                        the Department and those of the host and 
                        consortium institutions; and
                            (vi) pay the official Federal Government 
                        negotiated overhead rate to the host 
                        institution and partners on the basic agreement 
                        establishing the location of the regional 
                        center.
    (c) Authorities of the National Center.--The National Center may--
            (1) procure the services of appropriate public and private 
        agencies and institutions and other qualified persons to 
        conduct its work; and
            (2) operate and fund a network of not fewer than nine 
        regional centers that shall address the impacts of climate 
        trends and variability, including extreme weather events, on 
        natural and cultural resources and ecosystem services.
    (d) Designation of the Regional Centers.--
            (1) Existing regional center designations.--
                    (A) In general.--Any institution or consortium of 
                institutions designated as a regional center before the 
                date of enactment of this Act shall participate in one 
                final competition for its status as a regional center 
                upon the conclusion of its existing 5-year term to 
                assure that the host institutions and association 
                consortium institutions update proposals recognizing 
                the long-term commitment as a host.
                    (B) Recompetes.--After the next competition for 
                regional center after the date of enactment of this 
                Act, a designated regional center shall not have to 
                recompete on 5-year terms, but shall be subject to 
                review on 5-year terms as described in paragraph (2). 
                After competed, the final agreements shall only be 
                recompeted in the event of a failed review.
            (2) Reviews of the regional centers.--
                    (A) The Chief of the National Center, in 
                consultation with the Committee, shall establish 
                guidelines for 5-year merit reviews of each regional 
                center, which shall include guidelines for--
                            (i) the establishment of a statement of 
                        objectives, agreed upon by the National Center 
                        and regional host institutions at the beginning 
                        of the 5-year term, that outline the 
                        expectations of activities or measures of 
                        success to be completed during the agreed upon 
                        period; and
                            (ii) an independent merit review, conducted 
                        by the National Center, of the host 
                        institution's activities as related to the 
                        statement of objectives.
                    (B) If a regional center does not meet the 
                requirements included in the statement of objective as 
                determined by the independent merit review referred to 
                in subparagraph (A)(ii), the host institution or 
                consortium of institutions may not continue as a host 
                of a regional center.
                    (C) If a host institution or consortium of 
                institution fails a merit review referred to in 
                subparagraph (A)(ii), the Chief of the National Center 
                may give the host institution or consortium of 
                institutions a probationary period of one year. After 
                the one-year probationary period, the Chief of the 
                National Center shall undertake an additional review 
                referred to in subparagraph (A)(ii) to determine if the 
                host institution or consortium of institutions shall--
                            (i) continue as a host of a regional 
                        center; or
                            (ii) not continue as a host of a regional 
                        center, in which case the Chief of the National 
                        Center shall initiate a competitive process to 
                        select a new host institution.
                    (D) The Chief of the National Center shall ensure 
                that reviews completed pursuant to this paragraph are 
                publicly available.
            (3) Changes to consortium institutions.--The Chief of the 
        National Center, in consultation with the Federal Director and 
        Host Institution Director of a regional center, may add or 
        remove consortium institutions at any time to address regional 
        and national priorities established under this section.
            (4) FACA.--Committees, subcommittees, and working groups 
        appointed by Federal Directors of the regional centers pursuant 
        to this subsection shall not be subject to chapter 10 of title 
        5, United States Code (commonly referred to as the ``Federal 
        Advisory Committee Act'').
    (e) Duties of the Regional Centers.--In collaboration with Federal 
and State natural resources agencies and departments, Indian Tribes, 
Tribal organizations, Native Hawaiians, Native Hawaiian organizations, 
Native American Pacific Islanders, Tribal Colleges or Universities, 
Historically Black Colleges or Universities, minority-serving 
institutions, universities, other research or educational institutions, 
and other partner organizations, regional centers shall develop 
research, education, training, and advisory service priorities 
regarding the impacts of climate trends and variability on natural and 
cultural resource management in their regions for the purpose of 
climate adaptation.
    (f) Project Solicitation.--Subject to the availability of 
appropriations, each regional center shall undergo a project 
solicitation process annually that shall--
            (1) include regionally identified science priority topics;
            (2) work with science partners in the region to develop a 
        scientific review process to assure the highest quality of 
        proposals are selected; and
            (3) final decisions on annual project selections shall be 
        made by the Federal Directors of the regional centers.

SEC. 4. GENERAL AUTHORITY TO ENTER INTO CONTRACTS, GRANTS, COOPERATIVE 
              AGREEMENTS, AND INTERAGENCY AGREEMENTS.

    (a) Authority.--The Director of the United States Geological Survey 
is authorized to enter into contracts, grants, and cooperative 
agreements with a host institution or consortium institution to further 
the research, education, training, and advisory service activities of 
the Department or its partners relating to impacts of climate trends 
and variability. This authority supplements all other laws relating to 
the Department and is not to be construed as limiting or repealing any 
existing authorities.
    (b) Legal Instruments.--The Director of the United States 
Geological Survey may use a contract, grant, cooperative agreement, or 
interagency agreement as the legal instrument reflecting a relationship 
between the Secretary and a host institution or consortium institution, 
to further the duties under section 3 without regard to--
            (1) any requirements for competition;
            (2) section 6101 of title 41, United States Code; or
            (3) subsections (a) and (b) of section 3324 of title 31, 
        United States Code.
    (c) Participation of Federal Agencies.--Notwithstanding any other 
provision of law, any Federal agency may participate in any such 
cooperative agreement under this section by contributing funds through 
the National Center or otherwise if it is mutually agreed that the 
objectives of the agreement shall further the authorized programs of 
the contributing agency.
    (d) Approval Required.--In any case where a contract is let or 
grant made to an organization to perform services benefitting more than 
one Indian Tribe, the approval of each such Indian Tribe shall be a 
prerequisite to the letting or making of such contract or grant.

SEC. 5. INTERAGENCY COOPERATION.

    Each department, agency, or other instrumentality of the Federal 
Government, that is engaged in or concerned with, or that has authority 
over, matters relating to natural and cultural resources, ecosystem 
services, or climate variability or change, including all member 
agencies of the United States Global Change Research Program--
            (1) shall, upon a written request from the Secretary, 
        furnish any available data or other information that the 
        Secretary deems necessary to carry out any provision of section 
        3;
            (2) shall cooperate with the National Center, regional 
        centers, and duly authorized officials thereof;
            (3) may make available, on a reimbursable basis or 
        otherwise, any personnel (with their consent and without 
        prejudice to their position and rating), service, or facility 
        which the Chief of the National Center deems necessary to carry 
        out any provision of section 3; and
            (4) may transfer budgetary resources or otherwise enter 
        into interagency agreements, including funding, facilities, 
        computational resources, data, or other tangible or intangible 
        resources, between the National Center or regional centers to 
        aid collaborative work among Federal agencies, when approved by 
        the Chief of the National Center and their counterpart in the 
        other Federal agency.

SEC. 6. COMMITTEES.

    (a) Authority To Establish Committees.--The Chief of the National 
Center may establish committees or working groups and procedures to 
facilitate public participation in the advisory process, such as a 
national advisory committee for the National Center, stakeholder 
advisory committees and science implementation panels for the regional 
centers, and working groups for review of competitive.
    (b) Advisory Committee.--
            (1) Establishment.--Not later than 180 days after the date 
        of the enactment of this Act, and pursuant to chapter 10 of 
        title 5, United States Code (commonly referred to as the 
        ``Federal Advisory Committee Act''), the Secretary shall 
        establish an Advisory Committee on Climate and Natural Resource 
        Sciences to advise the National and Regional Climate Adaptation 
        Science Centers on the following:
                    (A) The contents of a national strategy identifying 
                key climate adaptation science priorities to advance 
                the management of natural and cultural resources in the 
                face of climate change.
                    (B) The nature, extent, and quality of relations 
                with and facilitating engagement of key partners at the 
                regional center level.
                    (C) The nature and effectiveness of mechanisms to 
                effectively deliver science information and tools, and 
                build capacity, to aid the natural and cultural 
                resource management community and decision-makers in 
                adapting to a changing climate.
                    (D) Mechanisms that may be employed by the National 
                Center to ensure high standards of scientific quality 
                and integrity in its products.
                    (E) The integration of equity, particularly for 
                historically underserved communities, in the operation 
                of the National Center and regional centers.
            (2) Voting members.--The Committee shall have not fewer 
        than 15 voting members who shall be appointed by the Secretary. 
        Each voting member shall be an employee of--
                    (A) an Indian Tribe;
                    (B) a Tribal organization;
                    (C) a Native Hawaiian organization;
                    (D) a State or local government;
                    (E) a nongovernmental organization whose primary 
                mission is conservation and related scientific and 
                advocacy activities;
                    (F) an academic institution; or
                    (G) other sectors, environmental justice 
                organizations, or private industry.
            (3) Non-voting members.--A Host Institution Director who is 
        elected by the various Host Institution Directors shall serve 
        as a non-voting member of the Committee. No individual is 
        eligible to be a voting member of the Committee if the 
        individual is--
                    (A) a Host Institution Director;
                    (B) a full-time officer or employee of the United 
                States; or
                    (C) a voting member of the Committee who is an 
                applicant for or beneficiary of any grant or contract 
                under this Act shall abstain from voting when there is 
                a conflict of interest.
            (4) Chair.--The Director of the United States Geological 
        Survey shall appoint a Committee Chair from among the members 
        of the Committee.
            (5) Vice chair.--The Committee shall select one voting 
        member to serve as the Vice Chair, who shall act as Chair in 
        the absence or incapacity of the Chair.
            (6) Nominations.--Not less than once each year, the 
        Secretary shall publish a notice in the Federal Register 
        soliciting nominations for membership on the Committee.
            (7) Term of office.--(A) The term of office of a voting 
        member of the Committee shall be not more than 3 years.
            (B) No individual may serve more than two consecutive terms 
        as a voting member of the Committee.
            (C) The Chair may extend the term of office of a voting 
        member of the Committee by up to 1 year.
            (D) Any individual appointed to a partial or full term may 
        be reappointed for one additional full term.
            (8) Duties.--The Committee shall identify and recommend 
        priorities for ongoing research needs on the issues described 
        in section 3(e) to inform the research priorities of the 
        National Center.
            (9) Estimated number and frequency of meetings.--The 
        Committee shall meet approximately one to two times annually, 
        and at such other times as designated by the Director of the 
        United States Geological Survey.
    (c) Committees; Working Groups.--
            (1) In general.--At the direction of the Secretary, the 
        Chief of the National Center may establish committees or 
        working groups to provide input on the science priorities, 
        implementation of science programs, review of competitive 
        proposals, and evaluation of the National Center and the 
        regional centers.
            (2) Members.--The committees or working groups shall, to 
        the extent practicable, include members from Federal and State 
        government, universities, private sector, nongovernmental 
        organizations, Indian Tribes, Tribal organizations, and Native 
        Hawaiian organizations.
            (3) Public participation.--The Secretary may establish 
        procedures to facilitate public participation in the advisory 
        process, including providing advance notice of meetings, 
        providing adequate opportunity for public input and comment, 
        maintaining appropriate records, and making a record of the 
        proceedings of meetings available for public inspection.
            (4) Implementation; availability of records.--The Secretary 
        shall ensure that the procedures described in paragraph (3) are 
        adopted and implemented and that the records described in 
        paragraph (3) are accurately maintained and available for 
        public inspection.
            (5) FACA.--(A) The committees or working groups shall not 
        be considered advisory committees under chapter 10 of title 5, 
        United States Code (commonly referred to as the ``Federal 
        Advisory Committee Act'').
            (B) Seeking advice and input under paragraph (1) shall not 
        be subject to chapter 10 of title 5, United States Code 
        (commonly referred to as the ``Federal Advisory Committee 
        Act'').
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