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 sub-
paragraph; 
(x) shall develop performance objec-
tives and evaluation criteria to periodically 
review and evaluate all non-Federal con-
tributors; 
(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 cli-
mate 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 ac-
tivities of the Interagency Coordinating 
Committee; and 
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(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 in-
formation parameters, standards, and pro-
tocols established by the Interagency Co-
ordinating Committee and the Climate Op-
erations Office. 
(B) COMPOSITION.—The Interagency Co-
ordinating 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. 
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(4) CLIMATE OPERATIONS OFFICE FUNCTIONS, 
GENERALLY.—The 
Climate 
Operations 
Office 
shall— 
(A) manage the daily operations of the En-
terprise to implement the strategies, protocols, 
and standards developed by the Interagency Co-
ordinating Committee; 
(B) function as the single point of contact 
for Federal agencies, non-Federal contributors 
and public and private end-users to ensure ac-
countability, reliability, flexibility, and trans-
parency; 
(C) be the National Oceanic and Atmos-
pheric Administration and operated by the Ad-
ministrator; 
(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 informa-
tion collected by Federal and non-Federal 
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contributors adheres to standards estab-
lished in accordance with the Quality As-
surance Program established under section 
205, and such data, meta-data, and infor-
mation is processed, stored, integrated, 
and made available to other Federal agen-
cies, as appropriate; and 
(ii) climate and climate impact data, 
meta-data, and information will be devel-
oped 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 con-
duct 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 Fed-
eral agencies and non-Federal contributors 
to manage natural resources and plan for 
climate change; 
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(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 feder-
ally funded research and development center or 
network of centers, or similar support mecha-
nisms; 
(I) develop, in consultation with the Advi-
sory Board, and implement a merit-based, com-
petitive funding process to support the develop-
ment and operation of non-Federal contributors 
in the Enterprise; 
(J) provide opportunities for competitive 
grants and contracts for— 
(i) climate and climate impact re-
search; 
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(ii) development of new climate mod-
els; or 
(iii) development and testing of inno-
vative 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, informa-
tion, products, and services, and their applica-
tions to inform decisionmaking; and 
(L) provide staff support to the Inter-
departmental Oversight Board and the Inter-
agency Coordinating Committee. 
(5) NON-FEDERAL CONTRIBUTORS.— 
(A) FUNCTIONS.—The non-Federal con-
tributors shall— 
(i) gather, process, and disseminate, 
in accordance with protocols and national 
standards established by the Interagency 
Coordinating Committee, climate and cli-
mate impact data, meta-data, information, 
products, and services to meet public and 
private end-user needs; 
(ii) provide climate and climate im-
pact data, meta-data, and information to 
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the National Climate Data Network in ac-
cordance with protocols and standards es-
tablished 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 pub-
lic and private end-users, while adher-
ing to such national standards. 
(B) COMPOSITION.—Non-Federal contribu-
tors may include purveyors and public and pri-
vate end-users of climate data, meta-data, in-
formation, products, and services, including 
State and local agencies including State natural 
resource management agencies, universities, 
public-private partnerships, and other non-
governmental organizations including land or 
natural resource conservation organizations. 
Non-Federal contributors shall be certified or 
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established by contract or agreement by the Cli-
mate Operations Office, and shall agree to meet 
the eligibility requirements, contract certifi-
cation standards, and compliance procedures es-
tablished by the Interagency Coordinating Com-
mittee. 
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 Of-
fice— 
(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 cli-
mate products and services that satisfy the 
standards 
promulgated 
under 
section 
204(b)(3)(A)(vii); 
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(B) may authorize the use of the emblem 
or any trademark of the Enterprise on a cli-
mate product or service certified under sub-
paragraph (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, evalua-
tion, 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 cer-
tified 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 Ac-
count’’. 
(2) CONTENT.—The account shall consist of— 
(A) amounts received by the United States 
as fees charged under subsection (b)(1)(C); and 
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(B) such other amounts as may be pro-
vided 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 Com-
mittee on policy implementation by the Climate Oper-
ations Office to fulfill the purposes of this title, the effec-
tiveness of data, meta-data, information, products, and 
services delivered to public and private end-users; prior-
ities for climate research and information needs identified 
by decisionmakers, including public and private end-users; 
the performance of non-Federal contributors; the effective-
ness 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.— 
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(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 rep-
resentation 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 re-
appointed once. 
(4) SPECIAL GOVERNMENT EMPLOYEES.—Mem-
bers 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 
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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 re-
port to the Interagency Coordinating Committee on 
policy implementation by the Climate Operations Of-
fice to fulfill the purposes of this title; the effective-
ness 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 cli-
mate 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 con-
tributors into the operations of the Enterprise; col-
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laborations of non-Federal contributors formed 
under the regional framework; and critical climate 
research needs that are not currently being ad-
dressed by the Enterprise. 
(3) ADMINISTRATIVE
SUPPORT.—The Climate 
Operations Office shall provide administrative sup-
port 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 imple-
menting this title. 
(b) CONTENTS.—The report shall include— 
(1) a description of activities carried out under 
this title, including Enterprise data, meta-data, in-
formation, products, and services delivered to Fed-
eral agencies and public and private end-users to im-
prove natural resource management and enhance 
governmental and nongovernmental activities to 
mitigate or adapt to factors attributed to climate 
change; 
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(2) identification of Federal and non-Federal 
contributors that have been integrated into the En-
terprise; 
(3) an evaluation of the effectiveness of the En-
terprise, including progress on achieving the prior-
ities established by the Board, and the progress to-
ward standardized, comprehensive, and effective cli-
mate and climate impact data, meta-data, informa-
tion, 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 ef-
fective 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 ap-
plicability to public and private end-user needs; 
(B) modifications to the Enterprise to im-
prove the effectiveness of Enterprise data, 
meta-data, information, product, and services 
delivery to Federal agencies, non-Federal con-
tributors, and public and private end-users; 
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(C) modifications to the Enterprise to fa-
cilitate interagency collaboration and Federal 
effectiveness; and 
(D) funding levels for the Enterprise in 
subsequent fiscal years; and 
(6) the results of a periodic external inde-
pendent 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 subdivi-
sion 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 MANAGE-
MENT. 
The head of each Federal agency shall support the 
purposes of this title and may take appropriate actions 
to enhance internal agency administration and manage-
ment to better support, integrate, finance, and utilize cli-
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mate 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 author-
ity of any agency to carry out its responsibilities and mis-
sions 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 Enter-
prise. 
SEC. 212. RELATIONSHIP TO OTHER AUTHORITIES. 
Nothing in this title affects authorities, responsibil-
ities, 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 Sec-
retary 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 ‘‘Adminis-
trator’’ means the Under Secretary of Commerce for 
Oceans and Atmosphere in the Under Secretary’s 
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capacity as Administrator of the National Oceanic 
and Atmospheric Administration. 
(2) ADVISORY
BOARD.—The term ‘‘Advisory 
Board’’ means the Enterprise Advisory Board as es-
tablished 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, in-
cluding public entities, private for-profit and not-for- 
profit entities, and private and public end-users, of 
climate and climate impact data, meta-data, infor-
mation, products, or services that enters into con-
tract 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 per-
son, including any State, tribal, or local government, 
that receives Enterprise data, meta-data, informa-
tion, products, and services. 
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(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 Is-
lands. 
Æ 
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