I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Climate and Ocean Research and Coordination Act of 

6 2009’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. 

3 TITLE I—NATIONAL OCEANIC 

4 AND ATMOSPHERIC ADMINIS5 TRATION ORGANIC ACT 

6 SEC. 101. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN7 ISTRATION. 

8 (a) IN GENERAL.—The National Oceanic and Atmos9 pheric Administration, as in effect immediately before the 

10 enactment of this Act, shall be an administration in the 

11 Department of Commerce. Except as otherwise provided 


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1 in this Act (including the amendments and repeals made 

2 by this Act)— 

3 (1) the Administration shall have the adminis4 trative structure, officers, functions, and authorities 

5 it had immediately before the enactment of this Act, 

6 including under Reorganization Plan No. 4 of 1970 

7 (5 U.S.C. App.); and 

8 (2) the Administrator shall have the authority, 

9 subject to the availability of appropriations— 

10 (A) to create, support, and maintain joint 

11 centers, and to enter into and perform con12 tracts, leases, grants, or cooperative agreements 

13 on terms the Administrator considers appro14 priate; 

15 (B) to disseminate information and con16 duct education and outreach in direct support 

17 of the purposes of this Act; and 

18 (C) to accept interagency financing of 

19 boards or similar groups to carry out inter20 agency activities for which the Administration 

21 serves as a lead agency. 

22 (b) MISSION.—The Administration shall be the civil23 ian agency of the Federal Government principally respon24 sible for— 


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1 (1) providing to the Nation oceanic, weather, 

2 atmospheric, and climate services and research; 

3 (2) monitoring changes in the Earth’s environ4 ment; and 

5 (3) conducting and supporting research, con6 servation, management, education and outreach re7 garding ocean and coastal resources, weather, and 

8 climate. 

9 SEC. 102. FUNCTIONS. 

10 (a) IN GENERAL.—The Administrator shall perform 

11 the following functions to carry out the mission set forth 

12 in section 101(b) in a coordinated, integrated, and eco13 system-based manner for the benefit of the Nation: 

14 (1) Management, conservation, protection, and 

15 restoration of ocean and coastal resources, including 

16 living marine resources, habitats, maritime heritage 

17 resources, and ocean ecosystems. 

18 (2) Observation, monitoring, assessment, fore19 casting, prediction, operations, and exploration for 

20 ocean, coastal, and atmospheric environments in21 cluding weather, space weather, climate, navigation, 

22 and marine resources. 

23 (3) Research, education and outreach, develop24 ment of hydrographic products and services, tech25 nical assistance, technology development, and innoVerDate Nov 24 2008 05:32 Jun 04, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2685.IH H2685

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1 vation activities relating to ocean and atmospheric 

2 environments including basic and applied scientific 

3 research and activities that support other agency 

4 functions and missions. 

5 (b) STATE AND FEDERAL COORDINATION.—The Ad6 ministrator shall ensure that Administration programs 

7 and activities collaborate with State and Federal programs 

8 to encourage cooperation, coordination, and integration of 

9 State and Federal coastal, oceanic, and atmospheric pro10 grams, including the planning and implementation of re11 gional and ecosystem-based activities. 

12 (c) INTERNATIONAL COORDINATION.— 

13 (1) COOPERATION BY ADMINISTRATOR.—The 

14 Administrator shall cooperate to the fullest extent 

15 practicable with the Secretary of State in providing 

16 representation at all meetings and conferences relat17 ing to actions or activities described in this Act in 

18 which representatives of the United States and for19 eign countries participate. 

20 (2) CONSULTATION WITH ADMINISTRATOR.— 

21 The Secretary of State and any other officer of the 

22 United States with responsibility for agreements, 

23 treaties, or understandings with foreign nations and 

24 international organizations shall consult with the 

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1 ity involved relates to a function of the Adminis2 trator. 

3 (3) AUTHORITY OF SECRETARY OF COMMERCE

4 NOT AFFECTED.—This subsection does not affect 

5 the authority of the Secretary of Commerce with re6 spect to international fishing agreements. 

7 (d) PARTNERSHIPS.—The Administrator may pro8 mote, support, and enter into agreements with academia, 

9 industry, conservation groups, educators, and other inter10 ested persons to improve the effectiveness of Administra11 tion programs and activities and enhance public awareness 

12 and understanding of Administration science, service, and 

13 stewardship missions. 

14 SEC. 103. ADMINISTRATION LEADERSHIP. 

15 (a) UNDER SECRETARY OF COMMERCE FOR OCEANS

16 AND ATMOSPHERE AND ADMINISTRATOR.— 

17 (1) IN GENERAL.—There shall be, as the Ad18 ministrator and head of the Administration, an 

19 Under Secretary of Commerce for Oceans and At20 mosphere. The Administrator shall be appointed by 

21 the President, by and with the advice and consent 

22 of the Senate. 

23 (2) FUNCTIONS.—The Administrator, as head 

24 of the Administration, shall be responsible for— 

25 (A) the functions under section 102(a); 


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1 (B) general management and supervision 

2 of the operations of the Administration; 

3 (C) policy development and guidance; 

4 (D) formulation, guidance, and execution 

5 of budget for the Administration; 

6 (E) serving as the Department of Com7 merce official for all ocean and atmosphere 

8 issues with other elements of the Department of 

9 Commerce and with other Federal agencies, 

10 State, tribal, and local governments, and the 

11 public; and 

12 (F) such other duties with respect to the 

13 Administration as the Secretary may prescribe. 

14 (b) ASSISTANT SECRETARY OF COMMERCE FOR

15 OCEANS AND ATMOSPHERE AND DEPUTY ADMINIS16 TRATOR.— 

17 (1) IN GENERAL.—There shall be, as Deputy 

18 Administrator of the Administration, an Assistant 

19 Secretary of Commerce for Oceans and Atmosphere. 

20 The Deputy Administrator shall be appointed by the 

21 President, by and with the advice and consent of the 

22 Senate. The Deputy Administrator shall be the Ad23 ministrator’s first assistant for purposes of sub24 chapter III of chapter 33 of title 5, United States 

25 Code. 


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1 (2) FUNCTIONS.—The Deputy Administrator 

2 shall— 

3 (A) serve as an advisor to the Adminis4 trator on all program and policy issues; 

5 (B) perform such functions and exercise 

6 such powers as the Administrator may pre7 scribe; and 

8 (C) act as Administrator during the ab9 sence or disability of the Administrator or in 

10 the event of a vacancy in the office of Adminis11 trator. 

12 (c) DEPUTY UNDER SECRETARY OF COMMERCE FOR

13 OCEANS AND ATMOSPHERE AND CHIEF OPERATING OF14 FICER.— 

15 (1) IN GENERAL.—There shall, be as the Chief 

16 Operating Officer of the Administration, a Deputy 

17 Under Secretary of Commerce for Oceans and At18 mosphere. The Deputy Under Secretary shall be ap19 pointed by the Secretary. The position of Deputy 

20 Under Secretary shall be a Senior Executive Service 

21 position authorized under section 3133 of title 5, 

22 United States Code. 

23 (2) FUNCTIONS.—The Deputy Under Secretary 

24 shall— 


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1 (A) ensure the timely and effective imple2 mentation of Administration policies and objec3 tives; 

4 (B) be responsible for all aspects of the 

5 Administration’s operations and management, 

6 including budget, financial operations, informa7 tion services, facilities, human resources, pro8 curements, and associated services; 

9 (C) act as the Assistant Secretary during 

10 the absence or disability of the Assistant Sec11 retary or in the event of a vacancy in such posi12 tion; and 

13 (D) perform such other duties as the Ad14 ministrator shall prescribe. 

15 (d) DEPUTY ASSISTANT SECRETARIES.— 

16 (1) IN GENERAL.—There shall be in the Admin17 istration three Deputy Assistant Secretaries. 

18 (2) FUNCTIONS.—The Secretary shall— 

19 (A) designate the functions of each Deputy 

20 Assistant Secretary; and 

21 (B) assign to each Deputy Assistant Sec22 retary one of the functions under paragraphs 

23 (1), (2), and (3) of section 102(a). 

24 (3) QUALIFICATIONS.—The Deputy Assistant 

25 Secretaries shall be appointed by the Secretary from 


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1 among individuals who are qualified by reason of 

2 background and experience to direct the implementa3 tion and administration of the functions for which 

4 they are responsible. The positions of Deputy Assist5 ant Secretaries shall be Senior Executive Service po6 sitions authorized under section 3133 of title 5, 

7 United States Code. 

8 (e) GENERAL COUNSEL.— 

9 (1) IN GENERAL.—There shall be in the Admin10 istration a General Counsel. The General Counsel 

11 shall be appointed by the Secretary. The General 

12 Counsel shall be paid at the rate of basic pay for 

13 level V of the Executive Schedule. 

14 (2) FUNCTIONS.—The General Counsel shall— 

15 (A) serve as the chief legal officer of the 

16 Administration for all legal matters that arise 

17 in connection with the conduct of the functions 

18 of the Administration; and 

19 (B) perform such other functions and exer20 cise such powers as the Administrator may pre21 scribe. 

22 (f) ADDITIONAL POSITIONS.—The Administrator 

23 may appoint individuals to such additional positions in the 

24 Administration as may be appropriate to reflect any re25 structuring of the Administration. 


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1 (g) CONFORMING AMENDMENTS TO REORGANIZA2 TION PLAN.— 

3 (1) REORGANIZATION PLAN NO. 4 OF 1970.—Re4 organization Plan No. 4 of 1970 (5 U.S.C. App.) is 

5 amended— 

6 (A) in section 1, by adding at the end the 

7 following: 

8 ‘‘(g) The functions vested in the Secretary of the In9 terior and the Secretaries by the Act of June 8, 1906 (16 

10 U.S.C. 433 et seq.), popularly known as the Antiques Act 

11 of 1906, relating to national monuments comprised of 

12 ocean or coastal resources.’’; and 

13 (B) in section 2, by striking subsection (e). 

14 (2) TITLE 5, U.S.C.—Section 5316 of title 5, 

15 United States Code, is amended by striking ‘‘Assist16 ant Administrator for Coastal Zone Management,’’ 

17 and all that follows through ‘‘Assistant Administra18 tors (3), National Oceanic and Atmospheric Admin19 istration.’’. 

20 SEC. 104. NATIONAL WEATHER SERVICE. 

21 (a) IN GENERAL.—There shall be in the Administra22 tion the National Weather Service. 

23 (b) MISSION.—The mission of the National Weather 

24 Service is to provide weather, water, climate, tsunami, and 

25 space weather forecasts and warnings for the United 


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1 States, its territories, adjacent waters, and ocean areas for 

2 the protection of life and property and the enhancement 

3 of the national economy. In carrying out the mission of 

4 the National Weather Service, the Administrator shall 

5 seek to ensure that the National Weather Service— 

6 (1) provides timely and accurate weather, 

7 water, climate, tsunami, and space weather fore8 casts; and 

9 (2) provides timely and accurate warnings of 

10 natural hazards related to weather, water, climate, 

11 and tsunamis, and of space weather hazards. 

12 (c) FUNCTIONS.—To accomplish the mission de13 scribed in section 101(b), and in addition to the functions 

14 described in section 102(a), the functions of the National 

15 Weather Service shall include— 

16 (1) maintaining a network of local weather fore17 cast offices; 

18 (2) maintaining a network of observation sys19 tems to collect weather, water, and climate data; 

20 (3) operating national centers to deliver guid21 ance, forecasts, warnings, and analysis about weath22 er, water, climate, tsunami, and space weather phe23 nomena for use by the Administration and the pub24 lic; 


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1 (4) providing information to Federal, State, and 

2 local agencies and other organizations responsible 

3 for emergency preparedness and response; 

4 (5) conducting and supporting applied research 

5 to facilitate the rapid incorporation of weather and 

6 climate science advances into operational tools; and 

7 (6) other functions to serve the mission of the 

8 National Weather Service described in subsection 

9 (b). 

10 SEC. 105. SCIENCE ADVISORY BOARD. 

11 There shall be within the Administration a Science 

12 Advisory Board, in accordance with the document entitled 

13 ‘‘U.S. Department of Commerce Charter of the NOAA 

14 Science Advisory Board’’, dated August 9, 2005. 

15 SEC. 106. RESTRUCTURING PLAN. 

16 (a) IN GENERAL.—The Administrator shall develop 

17 a plan and budget setting forth a proposal for restruc18 turing the Administration and its programs, as they ex19 isted immediately before enactment of this title, that im20 plement this title, and consider the recommendations of 

21 the U.S. Commission on Ocean Policy so as to provide 

22 improved services to the Nation. 

23 (b) CONTENT.—The plan shall— 

24 (1) describe leadership positions and roles, and 

25 program offices and duties; 


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1 (2) consider— 

2 (A) regional approaches to management 

3 and ecosystem-based management; 

4 (B) coordination with outside entities, both 

5 nationally and internationally; and 

6 (C) needs to expand or downsize employees 

7 or facilities (or both); 

8 (3) be consistent with section 102 and the other 

9 provisions of this Act, and maximize the efficiency 

10 with which the Administration carries out and 

11 assures the effectiveness of the functions of the Ad12 ministrator described in section 102(a); 

13 (4) improve the sharing of research and other 

14 information and the compilation of available data, 

15 that is of use across programmatic themes; and 

16 (5) to the maximum extent practicable, elimi17 nate duplication of effort or overlapping efforts 

18 among offices. 

19 (c) CONSULTATION.—The Administrator shall de20 velop the plan in consultation with interested persons, in21 cluding representatives of the States, academia, industry, 

22 conservation organizations, and labor organizations cer23 tified as the exclusive representatives of Administration 

24 employees pursuant to chapter 71 of title 5, United States 

25 Code. 


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1 (d) SCHEDULE.— 

2 (1) IN GENERAL.—Not later than 18 months 

3 after the date of enactment of this Act, the Adminis4 trator shall develop the plan and shall publish the 

5 plan in the Federal Register. 

6 (2) PUBLIC COMMENT.—The Federal Register 

7 notice shall solicit comments for a period of 60 days. 

8 (3) FINAL PLAN.—Not later than 120 days 

9 after the expiration date of the comment period de10 scribed in paragraph (2), the Administrator shall 

11 complete a final plan that takes into account the 

12 comments received. 

13 (4) TRANSMITTAL.—Upon completing the final 

14 plan, the Administrator shall— 

15 (A) transmit the final plan, and an expla16 nation of how the Administrator addressed each 

17 issue raised by the public comments received, to 

18 the Committee on Commerce, Science, and 

19 Transportation of the Senate and the Commit20 tees on Science and Technology and on Natural 

21 Resources of the House of Representatives for 

22 review; and 

23 (B) publish the final plan and explanation 

24 in the Federal Register. 

25 (e) REPORTING.— 


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1 (1) ADMINISTRATION INTERNAL REVIEW.— 

2 Once every 3 years after implementation of the reor3 ganization plan, the Administrator shall transmit a 

4 report to Congress assessing the effectiveness and 

5 efficiency of the Administration in carrying out its 

6 functions and fulfilling its mission, as set forth in 

7 section 101(b). 

8 (2) GOVERNMENT ACCOUNTABILITY OFFICE RE9 VIEW.—Not later than 3 years after the Administra10 tion implements the reorganization plan, and every 

11 6 years thereafter, the Comptroller General of the 

12 United States shall conduct an independent review 

13 of the effectiveness and efficiency of the Administra14 tion in fulfilling its mission, as set forth in section 

15 101(b), and carrying out the functions set forth in 

16 section 102. Upon completing the review, the Comp17 troller General shall transmit a report to Congress 

18 with his or her findings. 

19 SEC. 107. REPROGRAMMING REQUESTS. 

20 Whenever the Administrator transmits a budget re21 programming request to the Appropriations Committees 

22 of the House of Representatives and the Senate, the Ad23 ministrator shall simultaneously submit a copy of the re24 quest to the Committee on Science and Technology and 

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1 resentatives and the Committee on Commerce, Science, 

2 and Transportation of the Senate. 

3 SEC. 108. SAVINGS PROVISIONS. 

4 Except as otherwise provided in this Act, all rules and 

5 regulations, determinations, standards, contracts, certifi6 cations, authorizations, appointments, delegations, results 

7 and findings of investigations, and other actions duly 

8 issued, made, or taken by or pursuant to or under the 

9 authority of any statute that resulted in the assignment 

10 of functions or activities to the Secretary of Commerce, 

11 the Department of Commerce, the Under Secretary of 

12 Commerce for Oceans and Atmosphere, or any other offi13 cial of the National Oceanic and Atmospheric Administra14 tion, as are in effect immediately before the enactment of 

15 this Act, shall continue in full force and effect after enact16 ment of this Act until modified or rescinded. 

17 SEC. 109. REPORT. 

18 Not later than 1 year after the date of the enactment 

19 of this Act, the Administrator shall submit a report to the 

20 Congress on the implementation of this Act, including 

21 such recommendations as the Administrator considers ap22 propriate regarding changes to existing law (including 

23 granting of additional authority to the Administrator). 


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1 SEC. 110. FUNCTION DEFINED. 

2 In this title the term ‘‘function’’ includes authorities, 

3 powers, rights, privileges, immunities, programs, projects, 

4 activities, duties, and responsibilities. 

5 TITLE II—NATIONAL CLIMATE 

6 ENTERPRISE ACT 

7 SEC. 201. SHORT TITLE. 

8 This title may be cited as the ‘‘National Climate En9 terprise Act of 2009’’. 

10 SEC. 202. FINDINGS. 

11 The Congress finds the following: 

12 (1) Warming of the climate system is unequivo13 cal and will impact physical infrastructure, eco14 system services, and human well-being. 

15 (2) In the face of climate change, the public 

16 and decisionmakers need access to scientifically 

17 based data, meta-data, information, products, and 

18 services that are authoritative, timely, useful, and 

19 available at various temporal and spatial scales and 

20 which can be applied for human-built and natural 

21 resource development and management and other 

22 uses. 

23 (3) Currently, there is no single source of cred24 ible information that will allow public and private 

25 end-users to make decisions on how to adapt to or 

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1 anism for public and private end-users to articulate 

2 their information needs to the Federal Government. 

3 (4) Federal leadership is needed to coordinate 

4 climate information among Federal agencies; to es5 tablish a climate clearinghouse for climate data, 

6 meta-data, and information; to disseminate useful 

7 climate data, meta-data, information, products, and 

8 services to meet end-user needs; and to support soci9 ety’s needs for reliable information to guide further 

10 adaptation to and mitigation of the impacts of cli11 mate change. 

12 (5) A public/private enterprise comprised of 

13 Federal and non-Federal components, abiding by a 

14 set of common agreements, will provide the nec15 essary accountability, reliability, flexibility, and 

16 adaptability to be able to provide climate and cli17 mate impact data, meta-data, information, products, 

18 and services that address adaptation and mitigation 

19 needs that vary dramatically across different regions 

20 of the country, among different stakeholders, and at 

21 different scales of resolution. 

22 SEC. 203. PURPOSES. 

23 The purposes of this title are to establish a National 

24 Climate Enterprise that will— 


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1 (1) advance the ability of the Federal Govern2 ment, the Nation, and the world to forecast natural 

3 and human-induced climate, climate change, and cli4 mate variability and to understand climate impacts 

5 at regional and local scales to improve our ability to 

6 respond to, adapt to, and plan for the protection, 

7 conservation and management of natural resources 

8 and ecosystem services in a dynamic, changing envi9 ronment and to effectively carry out the intent of— 

10 (A) the Coastal Zone Management Act of 

11 1972; 

12 (B) the Coral Reef Conservation Act of 

13 1999; 

14 (C) the Dingell-Johnson Sport Fish Res15 toration Act; 

16 (D) the Endangered Species Act of 1973; 

17 (E) the Federal Lands Policy and Manage18 ment Act of 1976; 

19 (F) the Fish and Wildlife Act of 1956; 

20 (G) the Fish and Wildlife Coordination 

21 Act; 

22 (H) the Magnuson-Stevens Fishery Con23 servation and Management Act; 

24 (I) the Marine Mammal Protection Act of 

25 1972; 


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1 (J) the Migratory Bird Treaty Act; 

2 (K) the National Marine Sanctuaries Act; 

3 (L) the National Park Service Organic 

4 Act; 

5 (M) the National Reclamation Act of 1902; 

6 (N) the National Wildlife Refuge System 

7 Administration Act of 1966; 

8 (O) the Pittman-Robertson Wildlife Res9 toration Act; and 

10 (P) other Acts that conserve and manage 

11 natural resources; 

12 (2) provide scientifically based, authoritative, 

13 timely, and useful climate and climate impact data, 

14 meta-data, information, products, and services to 

15 Federal agencies, non-Federal contributors, and 

16 public and private end-users; 

17 (3) be comprised of Federal agencies and non18 Federal contributors to— 

19 (A) expand the ability of the Federal Gov20 ernment to do research and gather data, meta21 data, and information relevant to climate, cli22 mate change, climate variability, and impacts 

23 on built and natural systems at multiple tem24 poral and spatial scales; 


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1 (B) standardize climate and climate impact 

2 data, meta-data, and information acquisition 

3 across Federal agencies, non-Federal contribu4 tors, and internationally; 

5 (C) integrate climate and climate impact 

6 data, meta-data, and information into a com7 prehensive National Climate Data Network that 

8 is interoperable among Federal agencies, non9 Federal contributors, and public and private 

10 end-users; 

11 (D) provide global and national climate 

12 and climate impact data, meta-data, informa13 tion, products, and services to Federal agencies, 

14 non-Federal contributors, and public and pri15 vate end-users to enhance and manage natural 

16 resources in a dynamic, changing environment; 

17 (E) provide regional to local climate and 

18 climate impact data, meta-data, information, 

19 products, services, decision support tools, com20 munications networks, and outreach support to 

21 public and private end-users directly and 

22 through non-Federal contributors; 

23 (F) coordinate Federal agency activity with 

24 public and private end-users of climate and cli25 mate impact data, meta-data, and information, 


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1 including researchers, government, nongovern2 ment, industry, tribal groups, and public and 

3 private end-users; 

4 (G) establish and operate a program of na5 tional and regional climate assessments, includ6 ing climate information gap analyses and vul7 nerability assessments; and 

8 (H) conduct education and outreach to 

9 public and private end-users about climate and 

10 climate impact data, meta-data, information, 

11 products, and services to inform natural re12 source management and other decisionmaking 

13 in the face of climate change. 

14 SEC. 204. NATIONAL CLIMATE ENTERPRISE. 

15 (a) ESTABLISHMENT.—The President shall establish 

16 a National Climate Enterprise to coordinate international, 

17 Federal, and non-Federal activity to provide scientifically 

18 based, authoritative, timely, and useful climate and cli19 mate impact data, meta-data, information, products, and 

20 services to Federal agencies, non-Federal contributors, 

21 and public and private end-users that will facilitate better 

22 forecasting of climate, climate change, and climate varia23 bility and to understand climate impacts at regional and 

24 local scales to improve our ability to respond to, adapt to, 

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1 ment of natural resources and ecosystem services in a dy2 namic, changing environment. 

3 (b) ENTERPRISE ELEMENTS.— 

4 (1) IN GENERAL.—To fulfill the purposes of 

5 this title, the Enterprise shall consist of an Inter6 departmental Oversight Board, an Interagency Co7 ordinating Committee, and a Climate Operations Of8 fice established by this subsection, and non-Federal 

9 contributors. 

10 (2) INTERDEPARTMENTAL OVERSIGHT

11 BOARD.— 

12 (A) FUNCTION.—The Interdepartmental 

13 Oversight Board shall— 

14 (i) establish a broad policy framework, 

15 principles for engagement, and priorities, 

16 including annual and long-term priorities 

17 for the Enterprise; 

18 (ii) consider international climate pol19 icy and standards in implementing clause 

20 (i); and 

21 (iii) develop and transmit to the Con22 gress at the time of submission of the 

23 President’s annual budget request under 

24 section 1105 of title 31, United States 

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1 sive budget to operate all elements of the 

2 Enterprise identified in paragraph (1), tak3 ing into account existing programs and 

4 new initiatives identified by the Inter5 agency Coordinating Committee, the Cli6 mate Operations Office, and non-Federal 

7 contributors. 

8 (B) COMPOSITION.—The Board shall in9 clude Secretaries and Administrators from de10 partments and independent agencies of the 

11 Federal Government, as specified by the Presi12 dent, with existing climate-related functions. 

13 (C) CHAIR.—The Board shall be chaired 

14 by the Director of the Office of Science and 

15 Technology Policy. 

16 (D) ADMINISTRATION.—The Board shall 

17 meet no less than once per year. 

18 (3) INTERAGENCY COORDINATING COM19 MITTEE.— 

20 (A) FUNCTION.—The broad policy frame21 work and priorities established by the Board 

22 under paragraph (2) shall guide the actions of 

23 the Interagency Coordinating Committee. The 

24 Interagency Coordinating Committee— 


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1 (i) shall establish a research strategy 

2 for Federal agencies to understand and 

3 predict climate change, climate variability, 

4 and climate impacts, including applied re5 search and development of climate prod6 ucts and services that effectively meet pub7 lic and private end-user needs at a range 

8 of spatial and temporal scales; 

9 (ii) shall establish a strategy for a Na10 tional Climate Data Network to improve 

11 and integrate climate and climate impact 

12 data, meta-data, and information collec13 tion, modeling, assessment, and predictive 

14 capabilities at a range of spatial and tem15 poral scales; 

16 (iii) shall establish a strategic plan for 

17 Federal agency and non-Federal contrib18 utor collaboration; 

19 (iv) shall establish required observa20 tion data, meta-data, and information vari21 ables to be gathered by Federal and non22 Federal contributors to be integrated into 

23 the National Climate Data Network; 

24 (v) shall establish protocols and stand25 ards for data, meta-data, and information 


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1 acquisition, processing, and management, 

2 that are adaptable to emerging climate and 

3 climate impact data, meta-data, and infor4 mation; 

5 (vi) shall develop eligibility require6 ments, contract certification standards, 

7 and compliance procedures for non-Federal 

8 contributors to become incorporated into 

9 the Enterprise; 

10 (vii) shall establish protocols and 

11 standards for non-Federal contributors to 

12 produce Enterprise-certified climate and 

13 climate impact data, meta-data, informa14 tion, products, or services to meet inter15 national, regional, and local public and pri16 vate end-user needs; 

17 (viii) may, in consultation with the 

18 Enterprise Advisory Board, develop a 

19 framework for regional coordination of 

20 non-Federal contributors, including the es21 tablishment of regional offices to coordi22 nate between the Climate Operations Of23 fice, non-Federal contributors, and public 

24 and private end-users, if collection and de25 livery of data, meta-data, information, 


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1 products, and services is needed and cost2 effective at a regional scale; 

3 (ix) may create subcommittees within 

4 the Interagency Coordinating Committee 

5 to carry out the functions under this sub6 paragraph; 

7 (x) shall develop performance objec8 tives and evaluation criteria to periodically 

9 review and evaluate all non-Federal con10 tributors; 

11 (xi) shall establish a public-private use 

12 policy that defines processes for making 

13 decisions about the roles of the Federal 

14 Government and non-Federal contributors 

15 in providing to end-user communities cli16 mate and climate impact data, meta-data, 

17 information, products, and services related 

18 to the Enterprise, and shall publish such 

19 policy in the Federal Register for public 

20 comment for a period not less than 60 

21 days; 

22 (xii) shall ensure collaboration among 

23 Federal agencies participating in the ac24 tivities of the Interagency Coordinating 

25 Committee; and 


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1 (xiii) shall ensure consistency between 

2 the broad policy framework and priorities 

3 developed by the Board under paragraph 

4 (2)(A)(i) and the data, meta-data, and in5 formation parameters, standards, and pro6 tocols established by the Interagency Co7 ordinating Committee and the Climate Op8 erations Office. 

9 (B) COMPOSITION.—The Interagency Co10 ordinating Committee shall include members 

11 designated by the Secretaries on the Board and 

12 members from the non-Federal contributors 

13 within the Enterprise. 

14 (C) CHAIR.—The Board shall designate an 

15 Interagency Coordinating Committee Chair by 

16 formal vote from among the members of the 

17 Interagency Coordinating Committee, who shall 

18 be appointed for a 2-year term. 

19 (D) ADMINISTRATION.—The Interagency 

20 Coordinating Committee shall meet no less than 

21 twice per year— 

22 (i) at the request of the Board; and 

23 (ii) as determined necessary by the 

24 Chair. 


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1 (4) CLIMATE OPERATIONS OFFICE FUNCTIONS, 

2 GENERALLY.—The Climate Operations Office 

3 shall— 

4 (A) manage the daily operations of the En5 terprise to implement the strategies, protocols, 

6 and standards developed by the Interagency Co7 ordinating Committee; 

8 (B) function as the single point of contact 

9 for Federal agencies, non-Federal contributors 

10 and public and private end-users to ensure ac11 countability, reliability, flexibility, and trans12 parency; 

13 (C) be the National Oceanic and Atmos14 pheric Administration and operated by the Ad15 ministrator; 

16 (D) manage the National Climate Data 

17 Network, in cooperation with other appropriate 

18 Federal agencies designated by the President, 

19 which shall make available data, meta-data, and 

20 information that are not otherwise restricted, 

21 and in accordance with the strategy developed 

22 by the Interagency Coordinating Committee 

23 under paragraph (3)(A)(ii) and ensure that— 

24 (i) all data, meta-data, and informa25 tion collected by Federal and non-Federal 


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1 contributors adheres to standards estab2 lished in accordance with the Quality As3 surance Program established under section 

4 205, and such data, meta-data, and infor5 mation is processed, stored, integrated, 

6 and made available to other Federal agen7 cies, as appropriate; and 

8 (ii) climate and climate impact data, 

9 meta-data, and information will be devel10 oped into products and services that are 

11 appropriate to inform Federal agencies, 

12 non-Federal contributors, and public and 

13 private end-users; 

14 (E) establish procedures to regularly con15 duct gap analyses and vulnerability assessments 

16 to climate change at regional to national scales; 

17 (F) establish procedures to solicit public 

18 and private end-users to identify— 

19 (i) priorities for climate research; 

20 (ii) emerging needs expressed by Fed21 eral agencies and non-Federal contributors 

22 to manage natural resources and plan for 

23 climate change; 


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1 (iii) emerging needs for new climate 

2 information, products, and services as 

3 identified by scientific research; and 

4 (iv) other needs within the scope of 

5 operations of the Enterprise; 

6 (G) have the authority, subject to the 

7 availability of appropriations, to enter into and 

8 oversee contracts, leases, grants, or cooperative 

9 agreements with non-Federal contributors, as 

10 appropriate, to support the purposes of this 

11 title; 

12 (H) have the authority to establish a feder13 ally funded research and development center or 

14 network of centers, or similar support mecha15 nisms; 

16 (I) develop, in consultation with the Advi17 sory Board, and implement a merit-based, com18 petitive funding process to support the develop19 ment and operation of non-Federal contributors 

20 in the Enterprise; 

21 (J) provide opportunities for competitive 

22 grants and contracts for— 

23 (i) climate and climate impact re24 search; 


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1 (ii) development of new climate mod2 els; or 

3 (iii) development and testing of inno4 vative climate products and services; 

5 (K) develop and implement a program of 

6 public education and outreach to inform the 

7 public and private end-users and the general 

8 public of Enterprise data, meta-data, informa9 tion, products, and services, and their applica10 tions to inform decisionmaking; and 

11 (L) provide staff support to the Inter12 departmental Oversight Board and the Inter13 agency Coordinating Committee. 

14 (5) NON-FEDERAL CONTRIBUTORS.— 

15 (A) FUNCTIONS.—The non-Federal con16 tributors shall— 

17 (i) gather, process, and disseminate, 

18 in accordance with protocols and national 

19 standards established by the Interagency 

20 Coordinating Committee, climate and cli21 mate impact data, meta-data, information, 

22 products, and services to meet public and 

23 private end-user needs; 

24 (ii) provide climate and climate im25 pact data, meta-data, and information to 


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1 the National Climate Data Network in ac2 cordance with protocols and standards es3 tablished by the Interagency Coordinating 

4 Committee; and 

5 (iii) demonstrate an organizational 

6 structure and operational plan capable 

7 of— 

8 (I) gathering required data, 

9 meta-data, and information; 

10 (II) supporting and integrating 

11 all aspects of the Enterprise; and 

12 (III) developing products and 

13 services that reflect the needs of pub14 lic and private end-users, while adher15 ing to such national standards. 

16 (B) COMPOSITION.—Non-Federal contribu17 tors may include purveyors and public and pri18 vate end-users of climate data, meta-data, in19 formation, products, and services, including 

20 State and local agencies including State natural 

21 resource management agencies, universities, 

22 public-private partnerships, and other non23 governmental organizations including land or 

24 natural resource conservation organizations. 

25 Non-Federal contributors shall be certified or 


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1 established by contract or agreement by the Cli2 mate Operations Office, and shall agree to meet 

3 the eligibility requirements, contract certifi4 cation standards, and compliance procedures es5 tablished by the Interagency Coordinating Com6 mittee. 

7 SEC. 205. QUALITY ASSURANCE PROGRAM. 

8 (a) DEFINITION.—For purpose of this section, the 

9 term ‘‘climate product and service’’ means any publicly or 

10 commercially available product or service produced by a 

11 non-Federal contributor that includes or displays climate 

12 data, meta-data, or information. 

13 (b) PROGRAM.— 

14 (1) IN GENERAL.—The Climate Operations Of15 fice— 

16 (A) by not later than 2 years after the 

17 date of enactment of this Act, shall, subject to 

18 the availability of appropriations, develop and 

19 implement a quality assurance program that is 

20 equally available to all applicants, under which 

21 the Climate Operations Office may certify cli22 mate products and services that satisfy the 

23 standards promulgated under section 

24 204(b)(3)(A)(vii); 


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1 (B) may authorize the use of the emblem 

2 or any trademark of the Enterprise on a cli3 mate product or service certified under sub4 paragraph (A); and 

5 (C) may charge a fee for such certification 

6 and use. 

7 (2) LIMITATION ON FEE AMOUNT.—Any fee 

8 under subsection (b)(1)(C) shall not exceed the costs 

9 of conducting the quality assurance testing, evalua10 tion, or studies necessary to determine whether the 

11 climate product or service satisfies the standard 

12 adopted under section 204(b)(2)(A)(v). 

13 (c) LIMITATION ON LIABILITY.—The Government of 

14 the United States shall not be liable for any negligence 

15 by a person that produces climate products or services cer16 tified under this section. 

17 (d) CLIMATE PRODUCTS AND SERVICES ACCOUNT.— 

18 (1) ESTABLISHMENT.—There is established in 

19 the Treasury a separate account, which shall be 

20 known as the ‘‘Climate Products And Services Ac21 count’’. 

22 (2) CONTENT.—The account shall consist of— 

23 (A) amounts received by the United States 

24 as fees charged under subsection (b)(1)(C); and 


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1 (B) such other amounts as may be pro2 vided by law. 

3 (3) USE.—Amounts in the account shall be 

4 available to the Climate Operations Office, subject to 

5 the availability of appropriation, for the purposes of 

6 Enterprise administration, research identified in the 

7 research strategy under section 204(b)(3)(A)(i), the 

8 grant program authorized under section 

9 204(b)(4)(A)(vii), and natural resource adaptation. 

10 SEC. 206. ENTERPRISE ADVISORY BOARD. 

11 (a) FUNCTION.—The Enterprise Advisory Board 

12 shall provide advice to the Interagency Coordinating Com13 mittee on policy implementation by the Climate Oper14 ations Office to fulfill the purposes of this title, the effec15 tiveness of data, meta-data, information, products, and 

16 services delivered to public and private end-users; prior17 ities for climate research and information needs identified 

18 by decisionmakers, including public and private end-users; 

19 the performance of non-Federal contributors; the effective20 ness of incorporating non-Federal contributors into the 

21 operations of the Enterprise; collaborations of non-Federal 

22 contributors formed under the regional framework; and 

23 critical climate research needs that are not currently being 

24 addressed by the Enterprise. 

25 (b) COMPOSITION.— 


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1 (1) IN GENERAL.—The Advisory Board shall 

2 consist of 15 members appointed by the Interagency 

3 Coordinating Committee who are representatives of 

4 non-Federal contributors and public and private end5 users of Enterprise data, meta-data, information, 

6 products, and services, including governmental and 

7 nongovernmental natural resource managers. 

8 (2) DIVERSITY.—The Advisory Board shall be 

9 composed of members with diverse geographic rep10 resentation and from a diverse group of non-Federal 

11 contributors, decisionmakers, and public and private 

12 end-users. 

13 (3) TERMS.—Members of the Advisory Board 

14 shall be appointed for 3-year terms, and may be re15 appointed once. 

16 (4) SPECIAL GOVERNMENT EMPLOYEES.—Mem17 bers of the Advisory Board shall be appointed as 

18 special Government employees for purpose of the 

19 sections referred to in section 202(a) of title 18, 

20 United States Code. 

21 (5) PAYMENT.—Members of the Advisory 

22 Board shall not be compensated for service on that 

23 Board, but may be allowed travel expenses, including 

24 per diem in lieu of subsistence, in accordance with 


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1 subchapter I of chapter 57 of title 5, United States 

2 Code. 

3 (c) CHAIR.—The Advisory Board shall designate a 

4 chair from among the members of the Board, who shall 

5 be appointed for a 3-year term or the remainder of their 

6 term as a member of the Advisory Board, whichever is 

7 less. 

8 (d) ADMINISTRATION.— 

9 (1) MEETINGS.—The Advisory Board shall 

10 meet at least once each year, and at other times at 

11 the call of the Interagency Coordinating Committee 

12 or the Advisory Board chair. 

13 (2) REPORTING.—The Advisory Board shall re14 port to the Interagency Coordinating Committee on 

15 policy implementation by the Climate Operations Of16 fice to fulfill the purposes of this title; the effective17 ness of Enterprise data, meta-data, information, 

18 products, and services delivered to public and private 

19 end-users; the responsiveness of the Enterprise to 

20 identify and address the highest priorities for cli21 mate and climate impact research, information, and 

22 emerging needs identified by public and private end23 users; the performance of non-Federal contributors; 

24 the effectiveness of incorporating non-Federal con25 tributors into the operations of the Enterprise; colVerDate Nov 24 2008 05:32 Jun 04, 2009 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H2685.IH H2685

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1 laborations of non-Federal contributors formed 

2 under the regional framework; and critical climate 

3 research needs that are not currently being ad4 dressed by the Enterprise. 

5 (3) ADMINISTRATIVE SUPPORT.—The Climate 

6 Operations Office shall provide administrative sup7 port to the Advisory Board. 

8 (4) EXPIRATION.—Section 14 of the Federal 

9 Advisory Committee Act (5 U.S.C. App.) shall not 

10 apply to the Advisory Board. 

11 SEC. 207. REPORT TO THE CONGRESS. 

12 (a) REQUIREMENT.—Not later than 2 years after the 

13 date of enactment of this Act and every 2 years thereafter, 

14 the Climate Operations Office shall prepare and transmit 

15 to the Congress a report on progress made in imple16 menting this title. 

17 (b) CONTENTS.—The report shall include— 

18 (1) a description of activities carried out under 

19 this title, including Enterprise data, meta-data, in20 formation, products, and services delivered to Fed21 eral agencies and public and private end-users to im22 prove natural resource management and enhance 

23 governmental and nongovernmental activities to 

24 mitigate or adapt to factors attributed to climate 

25 change; 


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1 (2) identification of Federal and non-Federal 

2 contributors that have been integrated into the En3 terprise; 

4 (3) an evaluation of the effectiveness of the En5 terprise, including progress on achieving the prior6 ities established by the Board, and the progress to7 ward standardized, comprehensive, and effective cli8 mate and climate impact data, meta-data, informa9 tion, products, and services available to Federal 

10 agencies, non-Federal contributors and public and 

11 private end-users; 

12 (4) an evaluation of the effectiveness of non13 Federal contributors to deliver useful, timely, and ef14 fective climate and climate impact data, meta-data, 

15 information, products, and services that address 

16 public and private end-users’ needs; 

17 (5) recommendations concerning— 

18 (A) modifications to the research strategy 

19 under section 204(b)(3)(A)(i) to improve its ap20 plicability to public and private end-user needs; 

21 (B) modifications to the Enterprise to im22 prove the effectiveness of Enterprise data, 

23 meta-data, information, product, and services 

24 delivery to Federal agencies, non-Federal con25 tributors, and public and private end-users; 


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1 (C) modifications to the Enterprise to fa2 cilitate interagency collaboration and Federal 

3 effectiveness; and 

4 (D) funding levels for the Enterprise in 

5 subsequent fiscal years; and 

6 (6) the results of a periodic external inde7 pendent programmatic audit of the Enterprise. 

8 SEC. 208. INTERAGENCY FINANCING AND AGREEMENTS. 

9 To carry out interagency activities under this title, 

10 the Climate Operations Office may execute cooperative 

11 agreements, or any other agreements, with, and receive 

12 and expend funds made available by, any State or subdivi13 sion thereof, any Federal agency, or any public or private 

14 organization, or individual. Agencies that are party to 

15 agreements under this section are authorized to expend 

16 such funds made available under this section in addition 

17 to any funds which they may be otherwise authorized to 

18 expend. 

19 SEC. 209. ENHANCING ADMINISTRATION AND MANAGE20 MENT. 

21 The head of each Federal agency shall support the 

22 purposes of this title and may take appropriate actions 

23 to enhance internal agency administration and manage24 ment to better support, integrate, finance, and utilize cliVerDate Nov 24 2008 05:32 Jun 04, 2009 Jkt 079200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H2685.IH H2685

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1 mate data, meta-data, information, products, and services 

2 to further its own agency mission and responsibilities. 

3 SEC. 210. APPLICATION WITH OTHER FEDERAL LAWS. 

4 Nothing in this title supersedes or limits the author5 ity of any agency to carry out its responsibilities and mis6 sions under other laws. 

7 SEC. 211. APPLICATION WITH OTHER AGREEMENTS. 

8 Nothing in this title shall be construed to invalidate 

9 existing certifications, contracts, or agreements between 

10 non-Federal contributors and other elements of the Enter11 prise. 

12 SEC. 212. RELATIONSHIP TO OTHER AUTHORITIES. 

13 Nothing in this title affects authorities, responsibil14 ities, obligations, or powers of the Administrator under the 

15 National Weather Service Organic Act. 

16 SEC. 213. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated to the Sec18 retary of Commerce for fiscal years 2010 through 2014 

19 such sums as are necessary to fulfill the purposes of this 

20 title. 

21 SEC. 214. DEFINITIONS. 

22 In this title: 

23 (1) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Under Secretary of Commerce for 

25 Oceans and Atmosphere in the Under Secretary’s 


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1 capacity as Administrator of the National Oceanic 

2 and Atmospheric Administration. 

3 (2) ADVISORY BOARD.—The term ‘‘Advisory 

4 Board’’ means the Enterprise Advisory Board as es5 tablished under section 206. 

6 (3) BOARD.—The term ‘‘Board’’ means the 

7 Interdepartmental Oversight Board as established 

8 under section 204. 

9 (4) ENTERPRISE.—The term ‘‘Enterprise’’ 

10 means the National Climate Enterprise established 

11 in section 204(a). 

12 (5) NON-FEDERAL CONTRIBUTOR.—The term 

13 ‘‘non-Federal contributor’’ means any purveyor, in14 cluding public entities, private for-profit and not-for15 profit entities, and private and public end-users, of 

16 climate and climate impact data, meta-data, infor17 mation, products, or services that enters into con18 tract or agreement under section 204(b)(5) with the 

19 Climate Operations Office and is not a Federal 

20 agency. 

21 (6) PUBLIC AND PRIVATE END-USER.—The 

22 term ‘‘public and private enduser’’ means any per23 son, including any State, tribal, or local government, 

24 that receives Enterprise data, meta-data, informa25 tion, products, and services. 


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1 (7) STATE.—The term ‘‘State’’ includes the 

2 several States, the District of Columbia, American 

3 Samoa, Guam, the Commonwealth of the Northern 

4 Mariana Islands, Puerto Rico, and the Virgin Is5 lands. 

Æ 


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