,,ii  #aacth ,,congress  #ast ,session  
,s4 #ajf  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,january #bc        
7legislative day1 ,january #c71 #bjac   
,mr4 ,vitter introduced the following   
bill2 which was read twice and referred 
to the ,committee on ,commerce1         
,science1 and ,transportation  ,a ,,bill
  ,to provide for the establishment1    
on-going validation1 and use of an      
official set of data on the historical  
temperature record1 and for other       
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,public ,access to  
,historical ,records ,act4  #b4         
,official dataset on historical         
temperature record  7a7 ,establishment  
of official dataset by ,,nasa ,the      
,administrator of the ,national         
,aeronautics and ,space ,administration 
shall establish an official dataset on  
the historical temperature record4  7b7 
,requirements for dataset  7#a7 ,use of 
raw data ,in establishing the dataset   
required by this section1 the           

,administrator shall use the raw data   
relating to temperature collected by    
each applicable station and vessel and  
shall1 for that purpose1 reexamine      
applicable records collected by such    
stations and vessels and accurately     
quantify the statistical uncertainty    
7including estimates of random and bias 
errors7 of each temperature observation 
and any subsequent products based on    
such observation4  7#b7 ,clear and full 
identification of gaps in data ,in      
establishing the dataset1 the           
,administrator shall clearly and fully  
identify each gap that exists in        
temperature station data and temperature
 reading data4  7#c7 ,fill-in data ,if  
in establishing the dataset the         
,administrator supplies or fills in data
 to address a gap in temperature station
 data or temperature reading data1 or   
for any other reason1 the ,administrator
 shall--  7,a7 clearly and fully        
identify the data so supplied or filled 
in as fill-in data2 and  7,b7 clearly   

and fully explain the rationale for     
supplying or filling in such data4  7c7 
,panel on use of data for establishment 
of dataset  7#a7 ,in general ,the       
,administrator shall establish a panel  
to assist the ,administrator in the     
establishment of the dataset required by
 this section4  7#b7 ,members ,the panel
 shall consist of seven individuals     
appointed by the ,administrator from    
among individuals in the private sector 
with acknowledged expertise in          
meteorology and statistics who--  7,a7  
do not have a significant financial     
interest in taking a position on the    
matter of global climate change2 and    
7,b7 have not received funding from any 
department1 agency1 or entity of the    
,federal ,government for activities     
relating to global climate research     
within the past five years4  7#c7       
,duties ,the panel shall assist the     
,administrator in establishing the      
dataset required by this section by--   
7,a7 determining which land surface1 sea

 surface1 and satellite records shall be
 used in the establishment of the       
dataset2  7,b7 establishing standards   
and criteria for determining confidence 
levels for the interpolation and        
extrapolation of historical average     
global temperatures over successive     
#be-year periods in the past2 and  7,c7 
establishing a rationale for an average 
historical global temperature and a     
means of analysis for assessing the     
accuracy of such average4  7d7          
,independent verification and validation
 of dataset  7#a7 ,in general ,not less 
often than once every three years1 the  
,administrator shall enter into a       
contract with an appropriate entity that
 is independent of the ,federal         
,government to perform a verification   
and validation of the dataset           
established under this section4  7#b7   
,appropriate entities ,an entity with   
which the ,administrator enters into a  
contract under this subsection shall be 
an entity with personnel having the     

skills and expertise appropriate for the
 verification or validation 7as the case
 may be7 of the dataset1 including the  
following3  7,a7 ,for the verification1 
personnel with skills and expertise     
relating to computer programming and    
computer software development 7including
 error handling74  7,b7 ,for the        
validation1 personnel with expertise in 
statistics and meteorology4  7#c7       
,responsibilities ,in carrying out the  
verification or validation of the       
dataset under a contract under this     
subsection1 an entity shall carry out   
such activities with respect to the     
dataset as the ,administrator shall     
specify in the contract1 including a    
review of any data interpolation codes  
for purposes of identifying and         
eliminating bias4  7#d7 ,publication    
,any algorithms used1 and any           
determinations made1 in the verification
 and validation of the dataset pursuant 
to this subsection shall be made        
available to the public4  #c4 ,use of   

dataset in global climate research  7a7 
,use as sole source of data ,upon the   
completion of the establishment of the  
dataset on the historical temperature   
record required by section #b1 any      
person or entity engaged in global      
climate research that is funded in whole
 or in part with funds from the ,federal
 ,government shall use the dataset as   
the source of data on the historical    
temperature record4  7b7 ,use among     
multiple sources of data ,in publishing 
any findings or hypothesis on global    
climate change1 any person or entity    
engaged in global climate research that 
is funded in whole or in part with funds
 from the ,federal ,government shall use
 the dataset described in subsection 7a7
 as the primary source1 or at least one 
of the primary sources1 for historical  
global temperatures if such person or   
entity elects to consider multiple      
sources of such data4  #d4 ,public      
release of temperature station data  7a7
 ,release of raw data required ,the     

,secretary of ,commerce shall provide   
for the immediate release to the public1
 in unadjusted form1 of all raw         
temperature station data from           
cooperative observers and automated     
stations collected by the ,national     
,climatic ,data ,center as of the date  
of the enactment of this ,act4 ,the data
 shall be released to the public in a   
digital electronic format4  7b7 ,release
 of certain analyses ,the ,secretary    
shall provide for the immediate release 
to the public of an analysis of the     
differences between the raw temperature 
datasets and the final temperature      
datasets collected and administered by  
the ,national ,climatic ,data ,center as
 of the date of the enactment of this   
,act4 ,the analysis shall be released to
 the public in digital numerical tabular
 form and in graphical form4 ,one such  
graph shall show the raw temperature    
dataset line overlain with the final    
temperature dataset line over time4  #e4
 ,accuracy of data processing and data  

adjustment  7a7 ,data processing  7#a7  
,release to public ,the applicable      
,federal official shall publish on the  
,internet website of the agency         
concerned that is available to the      
public any coding or other algorithm    
used by such official in processing data
 for purposes of complying with the     
requirements of section #b or #d1 as the
 case may be1 together with a notice of 
the availability of the review and      
correction of such coding or algorithm  
for quality1 objectivity1 utility1 and  
integrity by such agency pursuant to the
 administrative mechanisms applicable to
 such agency under section              
#eae7;b77#b77;,b7 of the ,information   
,quality ,act4  7#b7 ,review ,any       
request for the correction of coding or 
other algorithm under paragraph 7#a7    
shall be processed in accordance with   
the guidelines of the ,information      
,quality ,act applicable to the agency  
concerned not later than #cj days after 
receipt of such request by such agency4 

7b7 ,data adjustment  7#a7 ,methods to  
comply with ,information ,quality ,act  
,the applicable ,federal official may   
not use a method for the adjustment of  
data for purposes of complying with the 
requirements of section #b or #d1 as the
 case may be1 unless such official      
ensures and certifies that such method  
complies with the guidelines of the     
,information ,quality ,act1 including1  
but not limited to1 requirements as     
follows3  7,a7 ,to make available to the
 public 7including through the ,internet
 website of the agency concerned that is
 available to the public7 the computer  
coding and a detailed explanation of the
 processes used in such adjustment of   
data4  7,b7 ,to make available to the   
public 7including through such ,internet
 website7 all peer review comments      
relating to the data being adjusted and 
the processes and algorithms used in    
such adjustment of data4  7,c7 ,to make 
available to the public 7including      
through such ,internet website7 a       

description of any previous changes in  
the data being adjusted and of the      
effect of such changes on trends1       
averages1 and other statistical         
categories of such data4  7,d7 ,to cite 
all applicable studies1 reports1 and    
peer reviewed papers using the data     
being adjusted or any earlier iterations
 of such data4  7,e7 ,to use in such    
adjustment of data only data and        
adjustment processes and algorithms that
 are non-proprietary in nature4  7,f7   
,to require that any agents and         
contractors relied upon in such         
adjustment of data are subject to       
section #eeb of title #e1 ,united       
,states ,code 7commonly referred to as  
the ,freedom of ,information ,act71     
regarding their activities in such      
adjustment of data4  7#b7 ,availability 
upon request ,not later than #aj days   
after the date of receipt of a request  
therefor1 the applicable ,federal       
official shall make available the       
certification with respect to a method  

for the adjustment of data under        
paragraph 7#a71 together with a         
description of such method sufficient to
 permit independent replication of the  
adjustment made by such method4  7c7    
,definitions ,in this section3  7#a7    
,the term applicable ,federal official  
means the following3  7,a7 ,the         
,administrator of the ,national         
,aeronautics and ,space ,administration 
for purposes of actions under section   
#b4  7,b7 ,the ,secretary of ,commerce  
for purposes of actions under section   
#d4  7#b7 ,the term ,information        
,quality ,act means section #eae of the 
,treasury and ,general ,government      
,appropriations ,act1 #bjja 7as enacted 
into law by the ,consolidated           
,appropriations ,act1 #bjja 7,public    
,law #ajf-eed2 #aad ,stat4              
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