```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2685 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2685

 To establish a National Oceanic and Atmospheric Administration and a 
          National Climate Enterprise, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 2009

Ms. Bordallo (for herself, Mr. Faleomavaega, Mr. Abercrombie, Mr. Farr, 
   Mrs. Christensen, Mr. Grijalva, Ms. Hirono, Ms. Shea-Porter, Mr. 
 Heinrich, and Mr. Pierluisi) introduced the following bill; which was 
referred to the Committee on Science and Technology, and in addition to 
  the Committee on Natural Resources, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To establish a National Oceanic and Atmospheric Administration and a 
          National Climate Enterprise, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Climate and Ocean 
Research and Coordination Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ORGANIC ACT

Sec. 101. National Oceanic and Atmospheric Administration.
Sec. 102. Functions.
Sec. 103. Administration leadership.
Sec. 104. National Weather Service.
Sec. 105. Science Advisory Board.
Sec. 106. Restructuring plan.
Sec. 107. Reprogramming requests.
Sec. 108. Savings provisions.
Sec. 109. Report.
Sec. 110. Function defined.
               TITLE II--NATIONAL CLIMATE ENTERPRISE ACT

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Purposes.
Sec. 204. National Climate Enterprise.
Sec. 205. Quality assurance program.
Sec. 206. Enterprise Advisory Board.
Sec. 207. Report to the Congress.
Sec. 208. Interagency financing and agreements.
Sec. 209. Enhancing administration and management.
Sec. 210. Application with other Federal laws.
Sec. 211. Application with other agreements.
Sec. 212. Relationship to other authorities.
Sec. 213. Authorization of appropriations.
Sec. 214. Definitions.

  TITLE I--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ORGANIC ACT

SEC. 101. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    (a) In General.--The National Oceanic and Atmospheric 
Administration, as in effect immediately before the enactment of this 
Act, shall be an administration in the Department of Commerce. Except 
as otherwise provided in this Act (including the amendments and repeals 
made by this Act)--
            (1) the Administration shall have the administrative 
        structure, officers, functions, and authorities it had 
        immediately before the enactment of this Act, including under 
        Reorganization Plan No. 4 of 1970 (5 U.S.C. App.); and
            (2) the Administrator shall have the authority, subject to 
        the availability of appropriations--
                    (A) to create, support, and maintain joint centers, 
                and to enter into and perform contracts, leases, 
                grants, or cooperative agreements on terms the 
                Administrator considers appropriate;
                    (B) to disseminate information and conduct 
                education and outreach in direct support of the 
                purposes of this Act; and
                    (C) to accept interagency financing of boards or 
                similar groups to carry out interagency activities for 
                which the Administration serves as a lead agency.
    (b) Mission.--The Administration shall be the civilian agency of 
the Federal Government principally responsible for--
            (1) providing to the Nation oceanic, weather, atmospheric, 
        and climate services and research;
            (2) monitoring changes in the Earth's environment; and
            (3) conducting and supporting research, conservation, 
        management, education and outreach regarding ocean and coastal 
        resources, weather, and climate.

SEC. 102. FUNCTIONS.

    (a) In General.--The Administrator shall perform the following 
functions to carry out the mission set forth in section 101(b) in a 
coordinated, integrated, and ecosystem-based manner for the benefit of 
the Nation:
            (1) Management, conservation, protection, and restoration 
        of ocean and coastal resources, including living marine 
        resources, habitats, maritime heritage resources, and ocean 
        ecosystems.
            (2) Observation, monitoring, assessment, forecasting, 
        prediction, operations, and exploration for ocean, coastal, and 
        atmospheric environments including weather, space weather, 
        climate, navigation, and marine resources.
            (3) Research, education and outreach, development of 
        hydrographic products and services, technical assistance, 
        technology development, and innovation activities relating to 
        ocean and atmospheric environments including basic and applied 
        scientific research and activities that support other agency 
        functions and missions.
    (b) State and Federal Coordination.--The Administrator shall ensure 
that Administration programs and activities collaborate with State and 
Federal programs to encourage cooperation, coordination, and 
integration of State and Federal coastal, oceanic, and atmospheric 
programs, including the planning and implementation of regional and 
ecosystem-based activities.
    (c) International Coordination.--
            (1) Cooperation by administrator.--The Administrator shall 
        cooperate to the fullest extent practicable with the Secretary 
        of State in providing representation at all meetings and 
        conferences relating to actions or activities described in this 
        Act in which representatives of the United States and foreign 
        countries participate.
            (2) Consultation with administrator.--The Secretary of 
        State and any other officer of the United States with 
        responsibility for agreements, treaties, or understandings with 
        foreign nations and international organizations shall consult 
        with the Administrator whenever the subject matter or activity 
        involved relates to a function of the Administrator.
            (3) Authority of secretary of commerce not affected.--This 
        subsection does not affect the authority of the Secretary of 
        Commerce with respect to international fishing agreements.
    (d) Partnerships.--The Administrator may promote, support, and 
enter into agreements with academia, industry, conservation groups, 
educators, and other interested persons to improve the effectiveness of 
Administration programs and activities and enhance public awareness and 
understanding of Administration science, service, and stewardship 
missions.

SEC. 103. ADMINISTRATION LEADERSHIP.

    (a) Under Secretary of Commerce for Oceans and Atmosphere and 
Administrator.--
            (1) In general.--There shall be, as the Administrator and 
        head of the Administration, an Under Secretary of Commerce for 
        Oceans and Atmosphere. The Administrator shall be appointed by 
        the President, by and with the advice and consent of the 
        Senate.
            (2) Functions.--The Administrator, as head of the 
        Administration, shall be responsible for--
                    (A) the functions under section 102(a);
                    (B) general management and supervision of the 
                operations of the Administration;
                    (C) policy development and guidance;
                    (D) formulation, guidance, and execution of budget 
                for the Administration;
                    (E) serving as the Department of Commerce official 
                for all ocean and atmosphere issues with other elements 
                of the Department of Commerce and with other Federal 
                agencies, State, tribal, and local governments, and the 
                public; and
                    (F) such other duties with respect to the 
                Administration as the Secretary may prescribe.
    (b) Assistant Secretary of Commerce for Oceans and Atmosphere and 
Deputy Administrator.--
            (1) In general.--There shall be, as Deputy Administrator of 
        the Administration, an Assistant Secretary of Commerce for 
        Oceans and Atmosphere. The Deputy Administrator shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate. The Deputy Administrator shall be the 
        Administrator's first assistant for purposes of subchapter III 
        of chapter 33 of title 5, United States Code.
            (2) Functions.--The Deputy Administrator shall--
                    (A) serve as an advisor to the Administrator on all 
                program and policy issues;
                    (B) perform such functions and exercise such powers 
                as the Administrator may prescribe; and
                    (C) act as Administrator during the absence or 
                disability of the Administrator or in the event of a 
                vacancy in the office of Administrator.
    (c) Deputy Under Secretary of Commerce for Oceans and Atmosphere 
and Chief Operating Officer.--
            (1) In general.--There shall, be as the Chief Operating 
        Officer of the Administration, a Deputy Under Secretary of 
        Commerce for Oceans and Atmosphere. The Deputy Under Secretary 
        shall be appointed by the Secretary. The position of Deputy 
        Under Secretary shall be a Senior Executive Service position 
        authorized under section 3133 of title 5, United States Code.
            (2) Functions.--The Deputy Under Secretary shall--
                    (A) ensure the timely and effective implementation 
                of Administration policies and objectives;
                    (B) be responsible for all aspects of the 
                Administration's operations and management, including 
                budget, financial operations, information services, 
                facilities, human resources, procurements, and 
                associated services;
                    (C) act as the Assistant Secretary during the 
                absence or disability of the Assistant Secretary or in 
                the event of a vacancy in such position; and
                    (D) perform such other duties as the Administrator 
                shall prescribe.
    (d) Deputy Assistant Secretaries.--
            (1) In general.--There shall be in the Administration three 
        Deputy Assistant Secretaries.
            (2) Functions.--The Secretary shall--
                    (A) designate the functions of each Deputy 
                Assistant Secretary; and
                    (B) assign to each Deputy Assistant Secretary one 
                of the functions under paragraphs (1), (2), and (3) of 
                section 102(a).
            (3) Qualifications.--The Deputy Assistant Secretaries shall 
        be appointed by the Secretary from among individuals who are 
        qualified by reason of background and experience to direct the 
        implementation and administration of the functions for which 
        they are responsible. The positions of Deputy Assistant 
        Secretaries shall be Senior Executive Service positions 
        authorized under section 3133 of title 5, United States Code.
    (e) General Counsel.--
            (1) In general.--There shall be in the Administration a 
        General Counsel. The General Counsel shall be appointed by the 
        Secretary. The General Counsel shall be paid at the rate of 
        basic pay for level V of the Executive Schedule.
            (2) Functions.--The General Counsel shall--
                    (A) serve as the chief legal officer of the 
                Administration for all legal matters that arise in 
                connection with the conduct of the functions of the 
                Administration; and
                    (B) perform such other functions and exercise such 
                powers as the Administrator may prescribe.
    (f) Additional Positions.--The Administrator may appoint 
individuals to such additional positions in the Administration as may 
be appropriate to reflect any restructuring of the Administration.
    (g) Conforming Amendments to Reorganization Plan.--
            (1) Reorganization plan no. 4 of 1970.--Reorganization Plan 
        No. 4 of 1970 (5 U.S.C. App.) is amended--
                    (A) in section 1, by adding at the end the 
                following:
    ``(g) The functions vested in the Secretary of the Interior and the 
Secretaries by the Act of June 8, 1906 (16 U.S.C. 433 et seq.), 
popularly known as the Antiques Act of 1906, relating to national 
monuments comprised of ocean or coastal resources.''; and
                    (B) in section 2, by striking subsection (e).
            (2) Title 5, u.s.c.--Section 5316 of title 5, United States 
        Code, is amended by striking ``Assistant Administrator for 
        Coastal Zone Management,'' and all that follows through 
        ``Assistant Administrators (3), National Oceanic and 
        Atmospheric Administration.''.

SEC. 104. NATIONAL WEATHER SERVICE.

    (a) In General.--There shall be in the Administration the National 
Weather Service.
    (b) Mission.--The mission of the National Weather Service is to 
provide weather, water, climate, tsunami, and space weather forecasts 
and warnings for the United States, its territories, adjacent waters, 
and ocean areas for the protection of life and property and the 
enhancement of the national economy. In carrying out the mission of the 
National Weather Service, the Administrator shall seek to ensure that 
the National Weather Service--
            (1) provides timely and accurate weather, water, climate, 
        tsunami, and space weather forecasts; and
            (2) provides timely and accurate warnings of natural 
        hazards related to weather, water, climate, and tsunamis, and 
        of space weather hazards.
    (c) Functions.--To accomplish the mission described in section 
101(b), and in addition to the functions described in section 102(a), 
the functions of the National Weather Service shall include--
            (1) maintaining a network of local weather forecast 
        offices;
            (2) maintaining a network of observation systems to collect 
        weather, water, and climate data;
            (3) operating national centers to deliver guidance, 
        forecasts, warnings, and analysis about weather, water, 
        climate, tsunami, and space weather phenomena for use by the 
        Administration and the public;
            (4) providing information to Federal, State, and local 
        agencies and other organizations responsible for emergency 
        preparedness and response;
            (5) conducting and supporting applied research to 
        facilitate the rapid incorporation of weather and climate 
        science advances into operational tools; and
            (6) other functions to serve the mission of the National 
        Weather Service described in subsection (b).

SEC. 105. SCIENCE ADVISORY BOARD.

    There shall be within the Administration a Science Advisory Board, 
in accordance with the document entitled ``U.S. Department of Commerce 
Charter of the NOAA Science Advisory Board'', dated August 9, 2005.

SEC. 106. RESTRUCTURING PLAN.

    (a) In General.--The Administrator shall develop a plan and budget 
setting forth a proposal for restructuring the Administration and its 
programs, as they existed immediately before enactment of this title, 
that implement this title, and consider the recommendations of the U.S. 
Commission on Ocean Policy so as to provide improved services to the 
Nation.
    (b) Content.--The plan shall--
            (1) describe leadership positions and roles, and program 
        offices and duties;
            (2) consider--
                    (A) regional approaches to management and 
                ecosystem-based management;
                    (B) coordination with outside entities, both 
                nationally and internationally; and
                    (C) needs to expand or downsize employees or 
                facilities (or both);
            (3) be consistent with section 102 and the other provisions 
        of this Act, and maximize the efficiency with which the 
        Administration carries out and assures the effectiveness of the 
        functions of the Administrator described in section 102(a);
            (4) improve the sharing of research and other information 
        and the compilation of available data, that is of use across 
        programmatic themes; and
            (5) to the maximum extent practicable, eliminate 
        duplication of effort or overlapping efforts among offices.
    (c) Consultation.--The Administrator shall develop the plan in 
consultation with interested persons, including representatives of the 
States, academia, industry, conservation organizations, and labor 
organizations certified as the exclusive representatives of 
Administration employees pursuant to chapter 71 of title 5, United 
States Code.
    (d) Schedule.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Administrator shall develop the plan 
        and shall publish the plan in the Federal Register.
            (2) Public comment.--The Federal Register notice shall 
        solicit comments for a period of 60 days.
            (3) Final plan.--Not later than 120 days after the 
        expiration date of the comment period described in paragraph 
        (2), the Administrator shall complete a final plan that takes 
        into account the comments received.
            (4) Transmittal.--Upon completing the final plan, the 
        Administrator shall--
                    (A) transmit the final plan, and an explanation of 
                how the Administrator addressed each issue raised by 
                the public comments received, to the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committees on Science and Technology and on Natural 
                Resources of the House of Representatives for review; 
                and
                    (B) publish the final plan and explanation in the 
                Federal Register.
    (e) Reporting.--
            (1) Administration internal review.--Once every 3 years 
        after implementation of the reorganization plan, the 
        Administrator shall transmit a report to Congress assessing the 
        effectiveness and efficiency of the Administration in carrying 
        out its functions and fulfilling its mission, as set forth in 
        section 101(b).
            (2) Government accountability office review.--Not later 
        than 3 years after the Administration implements the 
        reorganization plan, and every 6 years thereafter, the 
        Comptroller General of the United States shall conduct an 
        independent review of the effectiveness and efficiency of the 
        Administration in fulfilling its mission, as set forth in 
        section 101(b), and carrying out the functions set forth in 
        section 102. Upon completing the review, the Comptroller 
        General shall transmit a report to Congress with his or her 
        findings.

SEC. 107. REPROGRAMMING REQUESTS.

    Whenever the Administrator transmits a budget reprogramming request 
to the Appropriations Committees of the House of Representatives and 
the Senate, the Administrator shall simultaneously submit a copy of the 
request to the Committee on Science and Technology and the Committee on 
Natural Resources of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate.

SEC. 108. SAVINGS PROVISIONS.

    Except as otherwise provided in this Act, all rules and 
regulations, determinations, standards, contracts, certifications, 
authorizations, appointments, delegations, results and findings of 
investigations, and other actions duly issued, made, or taken by or 
pursuant to or under the authority of any statute that resulted in the 
assignment of functions or activities to the Secretary of Commerce, the 
Department of Commerce, the Under Secretary of Commerce for Oceans and 
Atmosphere, or any other official of the National Oceanic and 
Atmospheric Administration, as are in effect immediately before the 
enactment of this Act, shall continue in full force and effect after 
enactment of this Act until modified or rescinded.

SEC. 109. REPORT.

    Not later than 1 year after the date of the enactment of this Act, 
the Administrator shall submit a report to the Congress on the 
implementation of this Act, including such recommendations as the 
Administrator considers appropriate regarding changes to existing law 
(including granting of additional authority to the Administrator).

SEC. 110. FUNCTION DEFINED.

    In this title the term ``function'' includes authorities, powers, 
rights, privileges, immunities, programs, projects, activities, duties, 
and responsibilities.

               TITLE II--NATIONAL CLIMATE ENTERPRISE ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``National Climate Enterprise Act of 
2009''.

SEC. 202. FINDINGS.

    The Congress finds the following:
            (1) Warming of the climate system is unequivocal and will 
        impact physical infrastructure, ecosystem services, and human 
        well-being.
            (2) In the face of climate change, the public and 
        decisionmakers need access to scientifically based data, meta-
        data, information, products, and services that are 
        authoritative, timely, useful, and available at various 
        temporal and spatial scales and which can be applied for human-
        built and natural resource development and management and other 
        uses.
            (3) Currently, there is no single source of credible 
        information that will allow public and private end-users to 
        make decisions on how to adapt to or mitigate the impacts of 
        climate change, nor a mechanism for public and private end-
        users to articulate their information needs to the Federal 
        Government.
            (4) Federal leadership is needed to coordinate climate 
        information among Federal agencies; to establish a climate 
        clearinghouse for climate data, meta-data, and information; to 
        disseminate useful climate data, meta-data, information, 
        products, and services to meet end-user needs; and to support 
        society's needs for reliable information to guide further 
        adaptation to and mitigation of the impacts of climate change.
            (5) A public/private enterprise comprised of Federal and 
        non-Federal components, abiding by a set of common agreements, 
        will provide the necessary accountability, reliability, 
        flexibility, and adaptability to be able to provide climate and 
        climate impact data, meta-data, information, products, and 
        services that address adaptation and mitigation needs that vary 
        dramatically across different regions of the country, among 
        different stakeholders, and at different scales of resolution.

SEC. 203. PURPOSES.

    The purposes of this title are to establish a National Climate 
Enterprise that will--
            (1) advance the ability of the Federal Government, the 
        Nation, and the world to forecast natural and human-induced 
        climate, climate change, and climate variability and to 
        understand climate impacts at regional and local scales to 
        improve our ability to respond to, adapt to, and plan for the 
        protection, conservation and management of natural resources 
        and ecosystem services in a dynamic, changing environment and 
        to effectively carry out the intent of--
                    (A) the Coastal Zone Management Act of 1972;
                    (B) the Coral Reef Conservation Act of 1999;
                    (C) the Dingell-Johnson Sport Fish Restoration Act;
                    (D) the Endangered Species Act of 1973;
                    (E) the Federal Lands Policy and Management Act of 
                1976;
                    (F) the Fish and Wildlife Act of 1956;
                    (G) the Fish and Wildlife Coordination Act;
                    (H) the Magnuson-Stevens Fishery Conservation and 
                Management Act;
                    (I) the Marine Mammal Protection Act of 1972;
                    (J) the Migratory Bird Treaty Act;
                    (K) the National Marine Sanctuaries Act;
                    (L) the National Park Service Organic Act;
                    (M) the National Reclamation Act of 1902;
                    (N) the National Wildlife Refuge System 
                Administration Act of 1966;
                    (O) the Pittman-Robertson Wildlife Restoration Act; 
                and
                    (P) other Acts that conserve and manage natural 
                resources;
            (2) provide scientifically based, authoritative, timely, 
        and useful climate and climate impact data, meta-data, 
        information, products, and services to Federal agencies, non-
        Federal contributors, and public and private end-users;
            (3) be comprised of Federal agencies and non-Federal 
        contributors to--
                    (A) expand the ability of the Federal Government to 
                do research and gather data, meta-data, and information 
                relevant to climate, climate change, climate 
                variability, and impacts on built and natural systems 
                at multiple temporal and spatial scales;
                    (B) standardize climate and climate impact data, 
                meta-data, and information acquisition across Federal 
                agencies, non-Federal contributors, and 
                internationally;
                    (C) integrate climate and climate impact data, 
                meta-data, and information into a comprehensive 
                National Climate Data Network that is interoperable 
                among Federal agencies, non-Federal contributors, and 
                public and private end-users;
                    (D) provide global and national climate and climate 
                impact data, meta-data, information, products, and 
                services to Federal agencies, non-Federal contributors, 
                and public and private end-users to enhance and manage 
                natural resources in a dynamic, changing environment;
                    (E) provide regional to local climate and climate 
                impact data, meta-data, information, products, 
                services, decision support tools, communications 
                networks, and outreach support to public and private 
                end-users directly and through non-Federal 
                contributors;
                    (F) coordinate Federal agency activity with public 
                and private end-users of climate and climate impact 
                data, meta-data, and information, including 
                researchers, government, nongovernment, industry, 
                tribal groups, and public and private end-users;
                    (G) establish and operate a program of national and 
                regional climate assessments, including climate 
                information gap analyses and vulnerability assessments; 
                and
                    (H) conduct education and outreach to public and 
                private end-users about climate and climate impact 
                data, meta-data, information, products, and services to 
                inform natural resource management and other 
                decisionmaking in the face of climate change.

SEC. 204. NATIONAL CLIMATE ENTERPRISE.

    (a) Establishment.--The President shall establish a National 
Climate Enterprise to coordinate international, Federal, and non-
Federal activity to provide scientifically based, authoritative, 
timely, and useful climate and climate impact data, meta-data, 
information, products, and services to Federal agencies, non-Federal 
contributors, and public and private end-users that will facilitate 
better forecasting of climate, climate change, and climate variability 
and to understand climate impacts at regional and local scales to 
improve our ability to respond to, adapt to, and plan for the 
protection, conservation, and management of natural resources and 
ecosystem services in a dynamic, changing environment.
    (b) Enterprise Elements.--
            (1) In general.--To fulfill the purposes of this title, the 
        Enterprise shall consist of an Interdepartmental Oversight 
        Board, an Interagency Coordinating Committee, and a Climate 
        Operations Office established by this subsection, and non-
        Federal contributors.
            (2) Interdepartmental oversight board.--
                    (A) Function.--The Interdepartmental Oversight 
                Board shall--
                            (i) establish a broad policy framework, 
                        principles for engagement, and priorities, 
                        including annual and long-term priorities for 
                        the Enterprise;
                            (ii) consider international climate policy 
                        and standards in implementing clause (i); and
                            (iii) develop and transmit to the Congress 
                        at the time of submission of the President's 
                        annual budget request under section 1105 of 
                        title 31, United States Code, an annual 
                        coordinated, comprehensive budget to operate 
                        all elements of the Enterprise identified in 
                        paragraph (1), taking into account existing 
                        programs and new initiatives identified by the 
                        Interagency Coordinating Committee, the Climate 
                        Operations Office, and non-Federal 
                        contributors.
                    (B) Composition.--The Board shall include 
                Secretaries and Administrators from departments and 
                independent agencies of the Federal Government, as 
                specified by the President, with existing climate-
                related functions.
                    (C) Chair.--The Board shall be chaired by the 
                Director of the Office of Science and Technology 
                Policy.
                    (D) Administration.--The Board shall meet no less 
                than once per year.
            (3) Interagency coordinating committee.--
                    (A) Function.--The broad policy framework and 
                priorities established by the Board under paragraph (2) 
                shall guide the actions of the Interagency Coordinating 
                Committee. The Interagency Coordinating Committee--
                            (i) shall establish a research strategy for 
                        Federal agencies to understand and predict 
                        climate change, climate variability, and 
                        climate impacts, including applied research and 
                        development of climate products and services 
                        that effectively meet public and private end-
                        user needs at a range of spatial and temporal 
                        scales;
                            (ii) shall establish a strategy for a 
                        National Climate Data Network to improve and 
                        integrate climate and climate impact data, 
                        meta-data, and information collection, 
                        modeling, assessment, and predictive 
                        capabilities at a range of spatial and temporal 
                        scales;
                            (iii) shall establish a strategic plan for 
                        Federal agency and non-Federal contributor 
                        collaboration;
                            (iv) shall establish required observation 
                        data, meta-data, and information variables to 
                        be gathered by Federal and non-Federal 
                        contributors to be integrated into the National 
                        Climate Data Network;
                            (v) shall establish protocols and standards 
                        for data, meta-data, and information 
                        acquisition, processing, and management, that 
                        are adaptable to emerging climate and climate 
                        impact data, meta-data, and information;
                            (vi) shall develop eligibility 
                        requirements, contract certification standards, 
                        and compliance procedures for non-Federal 
                        contributors to become incorporated into the 
                        Enterprise;
                            (vii) shall establish protocols and 
                        standards for non-Federal contributors to 
                        produce Enterprise-certified climate and 
                        climate impact data, meta-data, information, 
                        products, or services to meet international, 
                        regional, and local public and private end-user 
                        needs;
                            (viii) may, in consultation with the 
                        Enterprise Advisory Board, develop a framework 
                        for regional coordination of non-Federal 
                        contributors, including the establishment of 
                        regional offices to coordinate between the 
                        Climate Operations Office, non-Federal 
                        contributors, and public and private end-users, 
                        if collection and delivery of data, meta-data, 
                        information, products, and services is needed 
                        and cost-effective at a regional scale;
                            (ix) may create subcommittees within the 
                        Interagency Coordinating Committee to carry out 
                        the functions under this subparagraph;
                            (x) shall develop performance objectives 
                        and evaluation criteria to periodically review 
                        and evaluate all non-Federal contributors;
                            (xi) shall establish a public-private use 
                        policy that defines processes for making 
                        decisions about the roles of the Federal 
                        Government and non-Federal contributors in 
                        providing to end-user communities climate and 
                        climate impact data, meta-data, information, 
                        products, and services related to the 
                        Enterprise, and shall publish such policy in 
                        the Federal Register for public comment for a 
                        period not less than 60 days;
                            (xii) shall ensure collaboration among 
                        Federal agencies participating in the 
                        activities of the Interagency Coordinating 
                        Committee; and
                            (xiii) shall ensure consistency between the 
                        broad policy framework and priorities developed 
                        by the Board under paragraph (2)(A)(i) and the 
                        data, meta-data, and information parameters, 
                        standards, and protocols established by the 
                        Interagency Coordinating Committee and the 
                        Climate Operations Office.
                    (B) Composition.--The Interagency Coordinating 
                Committee shall include members designated by the 
                Secretaries on the Board and members from the non-
                Federal contributors within the Enterprise.
                    (C) Chair.--The Board shall designate an 
                Interagency Coordinating Committee Chair by formal vote 
                from among the members of the Interagency Coordinating 
                Committee, who shall be appointed for a 2-year term.
                    (D) Administration.--The Interagency Coordinating 
                Committee shall meet no less than twice per year--
                            (i) at the request of the Board; and
                            (ii) as determined necessary by the Chair.
            (4) Climate operations office functions, generally.--The 
        Climate Operations Office shall--
                    (A) manage the daily operations of the Enterprise 
                to implement the strategies, protocols, and standards 
                developed by the Interagency Coordinating Committee;
                    (B) function as the single point of contact for 
                Federal agencies, non-Federal contributors and public 
                and private end-users to ensure accountability, 
                reliability, flexibility, and transparency;
                    (C) be the National Oceanic and Atmospheric 
                Administration and operated by the Administrator;
                    (D) manage the National Climate Data Network, in 
                cooperation with other appropriate Federal agencies 
                designated by the President, which shall make available 
                data, meta-data, and information that are not otherwise 
                restricted, and in accordance with the strategy 
                developed by the Interagency Coordinating Committee 
                under paragraph (3)(A)(ii) and ensure that--
                            (i) all data, meta-data, and information 
                        collected by Federal and non-Federal 
                        contributors adheres to standards established 
                        in accordance with the Quality Assurance 
                        Program established under section 205, and such 
                        data, meta-data, and information is processed, 
                        stored, integrated, and made available to other 
                        Federal agencies, as appropriate; and
                            (ii) climate and climate impact data, meta-
                        data, and information will be developed into 
                        products and services that are appropriate to 
                        inform Federal agencies, non-Federal 
                        contributors, and public and private end-users;
                    (E) establish procedures to regularly conduct gap 
                analyses and vulnerability assessments to climate 
                change at regional to national scales;
                    (F) establish procedures to solicit public and 
                private end-users to identify--
                            (i) priorities for climate research;
                            (ii) emerging needs expressed by Federal 
                        agencies and non-Federal contributors to manage 
                        natural resources and plan for climate change;
                            (iii) emerging needs for new climate 
                        information, products, and services as 
                        identified by scientific research; and
                            (iv) other needs within the scope of 
                        operations of the Enterprise;
                    (G) have the authority, subject to the availability 
                of appropriations, to enter into and oversee contracts, 
                leases, grants, or cooperative agreements with non-
                Federal contributors, as appropriate, to support the 
                purposes of this title;
                    (H) have the authority to establish a federally 
                funded research and development center or network of 
                centers, or similar support mechanisms;
                    (I) develop, in consultation with the Advisory 
                Board, and implement a merit-based, competitive funding 
                process to support the development and operation of 
                non-Federal contributors in the Enterprise;
                    (J) provide opportunities for competitive grants 
                and contracts for--
                            (i) climate and climate impact research;
                            (ii) development of new climate models; or
                            (iii) development and testing of innovative 
                        climate products and services;
                    (K) develop and implement a program of public 
                education and outreach to inform the public and private 
                end-users and the general public of Enterprise data, 
                meta-data, information, products, and services, and 
                their applications to inform decisionmaking; and
                    (L) provide staff support to the Interdepartmental 
                Oversight Board and the Interagency Coordinating 
                Committee.
            (5) Non-federal contributors.--
                    (A) Functions.--The non-Federal contributors 
                shall--
                            (i) gather, process, and disseminate, in 
                        accordance with protocols and national 
                        standards established by the Interagency 
                        Coordinating Committee, climate and climate 
                        impact data, meta-data, information, products, 
                        and services to meet public and private end-
                        user needs;
                            (ii) provide climate and climate impact 
                        data, meta-data, and information to the 
                        National Climate Data Network in accordance 
                        with protocols and standards established by the 
                        Interagency Coordinating Committee; and
                            (iii) demonstrate an organizational 
                        structure and operational plan capable of--
                                    (I) gathering required data, meta-
                                data, and information;
                                    (II) supporting and integrating all 
                                aspects of the Enterprise; and
                                    (III) developing products and 
                                services that reflect the needs of 
                                public and private end-users, while 
                                adhering to such national standards.
                    (B) Composition.--Non-Federal contributors may 
                include purveyors and public and private end-users of 
                climate data, meta-data, information, products, and 
                services, including State and local agencies including 
                State natural resource management agencies, 
                universities, public-private partnerships, and other 
                nongovernmental organizations including land or natural 
                resource conservation organizations. Non-Federal 
                contributors shall be certified or established by 
                contract or agreement by the Climate Operations Office, 
                and shall agree to meet the eligibility requirements, 
                contract certification standards, and compliance 
                procedures established by the Interagency Coordinating 
                Committee.

SEC. 205. QUALITY ASSURANCE PROGRAM.

    (a) Definition.--For purpose of this section, the term ``climate 
product and service'' means any publicly or commercially available 
product or service produced by a non-Federal contributor that includes 
or displays climate data, meta-data, or information.
    (b) Program.--
            (1) In general.--The Climate Operations Office--
                    (A) by not later than 2 years after the date of 
                enactment of this Act, shall, subject to the 
                availability of appropriations, develop and implement a 
                quality assurance program that is equally available to 
                all applicants, under which the Climate Operations 
                Office may certify climate products and services that 
                satisfy the standards promulgated under section 
                204(b)(3)(A)(vii);
                    (B) may authorize the use of the emblem or any 
                trademark of the Enterprise on a climate product or 
                service certified under subparagraph (A); and
                    (C) may charge a fee for such certification and 
                use.
            (2) Limitation on fee amount.--Any fee under subsection 
        (b)(1)(C) shall not exceed the costs of conducting the quality 
        assurance testing, evaluation, or studies necessary to 
        determine whether the climate product or service satisfies the 
        standard adopted under section 204(b)(2)(A)(v).
    (c) Limitation on Liability.--The Government of the United States 
shall not be liable for any negligence by a person that produces 
climate products or services certified under this section.
    (d) Climate Products and Services Account.--
            (1) Establishment.--There is established in the Treasury a 
        separate account, which shall be known as the ``Climate 
        Products And Services Account''.
            (2) Content.--The account shall consist of--
                    (A) amounts received by the United States as fees 
                charged under subsection (b)(1)(C); and
                    (B) such other amounts as may be provided by law.
            (3) Use.--Amounts in the account shall be available to the 
        Climate Operations Office, subject to the availability of 
        appropriation, for the purposes of Enterprise administration, 
        research identified in the research strategy under section 
        204(b)(3)(A)(i), the grant program authorized under section 
        204(b)(4)(A)(vii), and natural resource adaptation.

SEC. 206. ENTERPRISE ADVISORY BOARD.

    (a) Function.--The Enterprise Advisory Board shall provide advice 
to the Interagency Coordinating Committee on policy implementation by 
the Climate Operations Office to fulfill the purposes of this title, 
the effectiveness of data, meta-data, information, products, and 
services delivered to public and private end-users; priorities for 
climate research and information needs identified by decisionmakers, 
including public and private end-users; the performance of non-Federal 
contributors; the effectiveness of incorporating non-Federal 
contributors into the operations of the Enterprise; collaborations of 
non-Federal contributors formed under the regional framework; and 
critical climate research needs that are not currently being addressed 
by the Enterprise.
    (b) Composition.--
            (1) In general.--The Advisory Board shall consist of 15 
        members appointed by the Interagency Coordinating Committee who 
        are representatives of non-Federal contributors and public and 
        private end-users of Enterprise data, meta-data, information, 
        products, and services, including governmental and 
        nongovernmental natural resource managers.
            (2) Diversity.--The Advisory Board shall be composed of 
        members with diverse geographic representation and from a 
        diverse group of non-Federal contributors, decisionmakers, and 
        public and private end-users.
            (3) Terms.--Members of the Advisory Board shall be 
        appointed for 3-year terms, and may be reappointed once.
            (4) Special government employees.--Members of the Advisory 
        Board shall be appointed as special Government employees for 
        purpose of the sections referred to in section 202(a) of title 
        18, United States Code.
            (5) Payment.--Members of the Advisory Board shall not be 
        compensated for service on that Board, but may be allowed 
        travel expenses, including per diem in lieu of subsistence, in 
        accordance with subchapter I of chapter 57 of title 5, United 
        States Code.
    (c) Chair.--The Advisory Board shall designate a chair from among 
the members of the Board, who shall be appointed for a 3-year term or 
the remainder of their term as a member of the Advisory Board, 
whichever is less.
    (d) Administration.--
            (1) Meetings.--The Advisory Board shall meet at least once 
        each year, and at other times at the call of the Interagency 
        Coordinating Committee or the Advisory Board chair.
            (2) Reporting.--The Advisory Board shall report to the 
        Interagency Coordinating Committee on policy implementation by 
        the Climate Operations Office to fulfill the purposes of this 
        title; the effectiveness of Enterprise data, meta-data, 
        information, products, and services delivered to public and 
        private end-users; the responsiveness of the Enterprise to 
        identify and address the highest priorities for climate and 
        climate impact research, information, and emerging needs 
        identified by public and private end-users; the performance of 
        non-Federal contributors; the effectiveness of incorporating 
        non-Federal contributors into the operations of the Enterprise; 
        collaborations of non-Federal contributors formed under the 
        regional framework; and critical climate research needs that 
        are not currently being addressed by the Enterprise.
            (3) Administrative support.--The Climate Operations Office 
        shall provide administrative support to the Advisory Board.
            (4) Expiration.--Section 14 of the Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the Advisory 
        Board.

SEC. 207. REPORT TO THE CONGRESS.

    (a) Requirement.--Not later than 2 years after the date of 
enactment of this Act and every 2 years thereafter, the Climate 
Operations Office shall prepare and transmit to the Congress a report 
on progress made in implementing this title.
    (b) Contents.--The report shall include--
            (1) a description of activities carried out under this 
        title, including Enterprise data, meta-data, information, 
        products, and services delivered to Federal agencies and public 
        and private end-users to improve natural resource management 
        and enhance governmental and nongovernmental activities to 
        mitigate or adapt to factors attributed to climate change;
            (2) identification of Federal and non-Federal contributors 
        that have been integrated into the Enterprise;
            (3) an evaluation of the effectiveness of the Enterprise, 
        including progress on achieving the priorities established by 
        the Board, and the progress toward standardized, comprehensive, 
        and effective climate and climate impact data, meta-data, 
        information, products, and services available to Federal 
        agencies, non-Federal contributors and public and private end-
        users;
            (4) an evaluation of the effectiveness of non-Federal 
        contributors to deliver useful, timely, and effective climate 
        and climate impact data, meta-data, information, products, and 
        services that address public and private end-users' needs;
            (5) recommendations concerning--
                    (A) modifications to the research strategy under 
                section 204(b)(3)(A)(i) to improve its applicability to 
                public and private end-user needs;
                    (B) modifications to the Enterprise to improve the 
                effectiveness of Enterprise data, meta-data, 
                information, product, and services delivery to Federal 
                agencies, non-Federal contributors, and public and 
                private end-users;
                    (C) modifications to the Enterprise to facilitate 
                interagency collaboration and Federal effectiveness; 
                and
                    (D) funding levels for the Enterprise in subsequent 
                fiscal years; and
            (6) the results of a periodic external independent 
        programmatic audit of the Enterprise.

SEC. 208. INTERAGENCY FINANCING AND AGREEMENTS.

    To carry out interagency activities under this title, the Climate 
Operations Office may execute cooperative agreements, or any other 
agreements, with, and receive and expend funds made available by, any 
State or subdivision thereof, any Federal agency, or any public or 
private organization, or individual. Agencies that are party to 
agreements under this section are authorized to expend such funds made 
available under this section in addition to any funds which they may be 
otherwise authorized to expend.

SEC. 209. ENHANCING ADMINISTRATION AND MANAGEMENT.

    The head of each Federal agency shall support the purposes of this 
title and may take appropriate actions to enhance internal agency 
administration and management to better support, integrate, finance, 
and utilize climate data, meta-data, information, products, and 
services to further its own agency mission and responsibilities.

SEC. 210. APPLICATION WITH OTHER FEDERAL LAWS.

    Nothing in this title supersedes or limits the authority of any 
agency to carry out its responsibilities and missions under other laws.

SEC. 211. APPLICATION WITH OTHER AGREEMENTS.

    Nothing in this title shall be construed to invalidate existing 
certifications, contracts, or agreements between non-Federal 
contributors and other elements of the Enterprise.

SEC. 212. RELATIONSHIP TO OTHER AUTHORITIES.

    Nothing in this title affects authorities, responsibilities, 
obligations, or powers of the Administrator under the National Weather 
Service Organic Act.

SEC. 213. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce for fiscal years 2010 through 2014 such sums as are necessary 
to fulfill the purposes of this title.

SEC. 214. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Under Secretary of Commerce for Oceans and Atmosphere in the 
        Under Secretary's capacity as Administrator of the National 
        Oceanic and Atmospheric Administration.
            (2) Advisory board.--The term ``Advisory Board'' means the 
        Enterprise Advisory Board as established under section 206.
            (3) Board.--The term ``Board'' means the Interdepartmental 
        Oversight Board as established under section 204.
            (4) Enterprise.--The term ``Enterprise'' means the National 
        Climate Enterprise established in section 204(a).
            (5) Non-federal contributor.--The term ``non-Federal 
        contributor'' means any purveyor, including public entities, 
        private for-profit and not-for-profit entities, and private and 
        public end-users, of climate and climate impact data, meta-
        data, information, products, or services that enters into 
        contract or agreement under section 204(b)(5) with the Climate 
        Operations Office and is not a Federal agency.
            (6) Public and private end-user.--The term ``public and 
        private enduser'' means any person, including any State, 
        tribal, or local government, that receives Enterprise data, 
        meta-data, information, products, and services.
            (7) State.--The term ``State'' includes the several States, 
        the District of Columbia, American Samoa, Guam, the 
        Commonwealth of the Northern Mariana Islands, Puerto Rico, and 
        the Virgin Islands.
                                 <all>
```