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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3621 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 3621

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

                            February 9, 2022

Ms. Hirono (for herself, Mr. Whitehouse, Mr. Heinrich, Mrs. Murray, Ms. 
 Smith, and Ms. Warren) 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--
                            (i) actual or expected climate; and
                            (ii) 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) Committee.--The term ``Committee'' means the Advisory 
        Committee on Climate and Natural Resource Sciences established 
        under section 6(b)(1).
            (3) Consortium institution.--The term ``consortium 
        institution'' means an institution of higher education, 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, individual, or any other party within each 
        Regional Center other than the United States Geological Survey 
        and the host institution.
            (4) Cultural resource.--
                    (A) In general.--The term ``cultural resource'' 
                means a feature or value relating to cultural heritage.
                    (B) Inclusions.--The term ``cultural resource'' 
                includes--
                            (i) a biological species with cultural 
                        heritage or ceremonial importance; and
                            (ii) a historic or prehistoric site, trail, 
                        structure, inscription, artwork, or artifact 
                        that is--
                                    (I) located on Federal land; or
                                    (II) representative of the culture 
                                of Indian Tribes, Native Hawaiians, or 
                                Native American Pacific Islanders.
            (5) Department.--The term ``Department'' means the 
        Department of the Interior.
            (6) Ecosystem service.--The term ``ecosystem service'' 
        means a benefit that an ecosystem provides humans and human 
        society, including clean air, clean water, and other 
        economically important services.
            (7) Historically black college or university.--The term 
        ``historically Black colleges or university'' has the meaning 
        given the term ``part B institution'' in section 322 of the 
        Higher Education Act of 1965 (20 U.S.C. 1061).
            (8) Host institution.--The term ``host institution'' means 
        the non-Federal lead organization within each Regional Center.
            (9) 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).
            (10) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (11) Minority-serving institution.--The term ``minority-
        serving institution'' means an institution described in 
        paragraphs (2) through (7) of section 371(a) 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 islander.--The term ``Native 
        American Pacific Islander'' 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 any organization that--
                    (A) serves and represents the interests of Native 
                Hawaiians;
                    (B) has as a primary and stated purpose the 
                provision of services to Native Hawaiians; and
                    (C) has expertise in Native Hawaiian affairs, 
                including--
                            (i) the Office of Hawaiian Affairs; and
                            (ii) Hui Malama I Na Kupuna O Hawai'i Nei.
            (16) Natural resources.--The term ``natural resources'' has 
        the meaning given the term in section 11.14 of title 43, Code 
        of Federal Regulations (or successor regulations).
            (17) Regional center.--The term ``Regional Center'' means a 
        Regional Climate Adaptation Science Center established under 
        section 3(a).
            (18) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Geological Survey.
            (19) State.--The term ``State'' means--
                    (A) each of the several States of the United 
                States;
                    (B) the District of Columbia;
                    (C) American Samoa;
                    (D) Guam;
                    (E) the Commonwealth of the Northern Mariana 
                Islands;
                    (F) the Commonwealth of Puerto Rico; and
                    (G) the United States Virgin Islands.
            (20) Tribal college or university.--The term ``Tribal 
        College or University'' has the meaning given the term in 
        section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 
        1059c(b)).
            (21) Tribal organization.--The term ``Tribal organization'' 
        means--
                    (A) the recognized governing body of any Indian 
                Tribe; or
                    (B) any legally established organization of members 
                of an Indian Tribe that--
                            (i) is controlled, sanctioned, or chartered 
                        by the recognized governing body of an Indian 
                        Tribe; or
                            (ii)(I) is democratically elected by the 
                        adult members of the Indian community to be 
                        served by the organization; and
                            (II) includes the maximum participation of 
                        members of Indian Tribes in all phases of the 
                        activities of the organization.

SEC. 3. ESTABLISHMENT OF THE NATIONAL AND REGIONAL CLIMATE ADAPTATION 
              SCIENCE CENTERS.

    (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''--
                    (A) to provide scientific expertise to managers 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) that includes a National Climate Adaptation 
                Science Center and Regional Climate Adaptation Science 
                Centers, which shall be administered by the United 
                States Geological Survey.
            (2) Chief; directors.--
                    (A) Chief.--The Chief of the National Center shall 
                be an employee of the United States Geological Survey.
                    (B) Directors.--
                            (i) In general.--Each Regional Center shall 
                        have a Federal Director and a Host Institution 
                        Director who shall work cooperatively to 
                        further the mission of the Regional Center.
                            (ii) Federal director.--A Federal Director 
                        of a Regional Center shall be an employee of 
                        the United States Geological Survey who reports 
                        directly to the Chief of the National Center.
    (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 with other Federal agencies working on 
        similar research and activities;
            (5) conduct research on cross-regional and national science 
        priorities;
            (6) support Regional Centers that--
                    (A) are hosted at an institution of higher 
                education, or a consortium of institutions of higher 
                education or other research institutions, within the 
                region of each Regional Center;
                    (B) are collaborations between the Federal Director 
                and the Host Institution Director and the staff of the 
                Federal Director and the Host Institution Director to 
                address the broad scientific mission and goals defined 
                by the National Center--
                            (i) in a manner that is relevant to the 
                        specific geographic region of the Regional 
                        Center; and
                            (ii) 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 and broad and prompt 
                dissemination of knowledge and techniques; 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)(i) evaluate and assess the performance of the 
                programs of Regional Centers every 5 years, using the 
                priorities, guidelines, and qualifications established 
                by the Secretary under this section; and
                    (ii) based on the evaluation and assessment under 
                clause (i), determine if the programs of the Regional 
                Center 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 for--
                            (i) the conduct of regionally relevant 
                        research, education, training, and advisory 
                        service activities in each of the regions;
                            (ii) encouraging collaborations among 
                        Regional Centers to address regional and 
                        national priorities established under this 
                        section;
                            (iii) ensuring successful implementation 
                        and operation of Regional Centers;
                            (iv) to the maximum extent consistent with 
                        other provisions of this Act, the provision of 
                        a stable base of funding in support of the 
                        Regional Centers; and
                            (v) the encouragement and promotion of 
                        coordination and cooperation between the 
                        research, education, training, and advisory 
                        service activities of the Department and the 
                        activities of the host and consortium 
                        institutions.
    (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 the work of the National Center; and
            (2) operate and fund a network of not fewer than 9 Regional 
        Centers that shall address the impacts of climate trends and 
        variability, including extreme weather events, on natural 
        resources, cultural resources, and ecosystem services.
    (d) Designation of the Regional Centers.--
            (1) Existing regional center designations.--Any institution 
        or consortium of institutions designated as the host 
        institution of a Regional Center before the date of enactment 
        of this Act shall not have to reapply for designation as a 
        Regional Center if the Chief of the National Center determines 
        that the institution or consortium of institutions meets the 
        guidelines established under paragraph (2).
            (2) Reviews of the regional centers.--The Chief of the 
        National Center, in consultation with the Committee, shall 
        establish guidelines relating to the activities and 
        responsibilities of the Regional Centers, including--
                    (A) requirements for the merit review of the 
                Regional Centers;
                    (B) guidelines for the circumstances in which a 
                host institution may be discontinued as a host 
                institution;
                    (C) the schedule for merit reviews, in accordance 
                with scheduling criteria developed under this 
                paragraph; and
                    (D) the process to select a new host institution.
            (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 a consortium institution at any time to address regional 
        and national priorities established under this section.
            (4) Nonapplicability of faca.--A committee, subcommittee, 
        or working group appointed by a Federal Director of a Regional 
        Center shall not be subject to the Federal Advisory Committee 
        Act (5 U.S.C. App.).
    (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, institutions of higher education, other research or 
educational institutions, and other partner organizations, a Regional 
Center shall develop research, education, training, and advisory 
service priorities regarding the impacts of climate trends and 
variability on natural and cultural resource management in the region 
covered by the Regional Center for the purpose of climate adaptation.

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

    (a) Authority.--
            (1) In general.--The Secretary may enter into contracts, 
        grants, cooperative agreements, and interagency agreements with 
        a host institution or consortium institution to further the 
        research, education, training, and advisory service activities 
        of the Department or partners of the Department relating to 
        impacts of climate trends and variability.
            (2) Effect.--The authority under paragraph (1)--
                    (A) supplements any other authority provided under 
                any other law relating to the Department; and
                    (B) does not limit or repeal any existing 
                authorities of the Department.
    (b) Legal Instruments.--The Secretary 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 carry out 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 a cooperative 
agreement under this section by contributing funds through the National 
Center or otherwise if the parties to the cooperative agreement 
mutually agree that the objectives of the agreement would further the 
authorized programs of the contributing agency.
    (d) Title to Assets.--The Secretary may vest in a contractor or 
recipient title to expendable and nonexpendable assets, including 
equipment, supplies, and other tangible personal property, if--
            (1) the contractor or recipient purchases the assets with 
        funds from a contract, grant, cooperative agreement, or 
        interagency agreement; and
            (2) the Secretary considers the vesting of title to be in 
        furtherance of the research, education, training, and advisory 
        service objectives of the Department.
    (e) Approval Required.--In any case in which a contract is let or a 
grant is made to an organization to perform services benefitting more 
than 1 Indian Tribe, the approval of each Indian Tribe shall be a 
prerequisite to the letting or making of the 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 resources, cultural resources, 
ecosystem services, or climate variability or change, including all 
member agencies of the United States Global Change Research Program--
            (1) may make available, on a reimbursable basis or 
        otherwise, any personnel (with the consent of the personnel and 
        without prejudice to the position and rating of the personnel), 
        service, or facility that the Chief of the National Center 
        determines to be necessary to carry out any provision of 
        section 3;
            (2) shall, on a written request from the Secretary, furnish 
        any available data or other information that the Secretary 
        determines to be necessary to carry out any provision of 
        section 3;
            (3) shall cooperate with the National Center, Regional 
        Centers, and duly authorized officials of the National Center 
        or Regional Centers; and
            (4) may transfer budgetary resources or otherwise enter 
        into interagency agreements, including for 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, if approved by 
        the Chief of the National Center and the head of the applicable 
        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 or noncompetitive 
proposals.
    (b) Advisory Committee.--
            (1) Establishment.--Not later than 180 days after the date 
        of enactment of this Act and pursuant to the Federal Advisory 
        Committee Act (5 U.S.C. App.), the Secretary shall establish an 
        Advisory Committee on Climate and Natural Resource Sciences.
            (2) Members.--The Committee shall have not fewer than 15 
        members, including members that are employees of or represent 
        the following:
                    (A) An Indian Tribe.
                    (B) A Tribal organization.
                    (C) A Native Hawaiian organization.
                    (D) A State or local government.
                    (E) A Host institution of a Regional Center.
                    (F) A nongovernmental organization.
                    (G) An academic institution.
                    (H) An organization of the private sector.
            (3) Chair; vice chair.--
                    (A) Chair.--The Secretary shall appoint a Committee 
                Chair from among the members of the Committee.
                    (B) Vice chair.--The Committee shall select 1 
                voting member of the Committee to serve as the Vice 
                Chair, who shall act as Chair in the absence or 
                incapacity of the Chair.
            (4) 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.
            (5) Term.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the term of office of a voting member of the 
                Committee shall be not more than 3 years.
                    (B) Consecutive terms.--No member of the Committee 
                may serve more than 2 consecutive terms as a voting 
                member of the Committee.
                    (C) Extension.--The Chair may extend the term of 
                office of a voting member of the Committee by not more 
                than 1 year.
                    (D) Partial term.--A member that is appointed to a 
                partial or full term on the Committee may be 
                reappointed for 1 additional full term as a member on 
                the Committee.
            (6) Nominations.--Not less frequently than once each year, 
        the Secretary shall publish a notice in the Federal Register 
        soliciting nominations for membership on the Committee.
    (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 and 
        noncompetitive proposals, and evaluation of processes, 
        procedures, and outcomes of the National Center and the 
        Regional Centers.
            (2) Members.--A committee or working group established 
        under paragraph (1) shall, to the extent practicable, include 
        members from the Federal Government, State government, 
        institutions of higher education, the 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 under this subsection, including--
                    (A) providing advance notice of meetings;
                    (B) providing adequate opportunity for public input 
                and comment;
                    (C) maintaining appropriate records; and
                    (D) making a record of the proceedings of meetings 
                available for public inspection.
            (4) Implementation; availability of records.--The Secretary 
        shall ensure that--
                    (A) the procedures described in paragraph (3) are 
                adopted and implemented; and
                    (B) the records described in paragraph (3) are 
                accurately maintained and available for public 
                inspection.
            (5) Nonapplicability of faca.--
                    (A) In general.--A committee or working group 
                established under paragraph (1) shall not be considered 
                to be an advisory committee under the Federal Advisory 
                Committee Act (5 U.S.C. App.).
                    (B) Advice.--Seeking advice and input under 
                paragraph (1) shall not be subject to the Federal 
                Advisory Committee Act (5 U.S.C. App.).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary to carry 
out this Act--
            (1) $97,000,000 for fiscal year 2023;
            (2) $109,000,000 for fiscal year 2024;
            (3) $121,000,000 for fiscal year 2025;
            (4) $133,000,000 for fiscal year 2026; and
            (5) $145,000,000 for fiscal year 2027.
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