Climate Change Adaptation: Department of Commerce

Climate Change Adaptation: Department of Commerce

Climate Change Adaptation:
April 1, 2021
Department of Commerce
Eva Lipiec, Coordinator
Climate change affects the mission and programs of the Department of Commerce
Analyst in Natural
(DOC) and its agencies, and these effects are likely to continue. DOC’s wide-ranging
Resources Policy
responsibilities include trade enforcement, economic development, innovation support,

entrepreneurship and business development, standard setting, environmental monitoring,
weather forecasting, marine resources management, and statistical research and analysis.

Congress has considered and may continue to consider how climate change may affect the mission and programs
of DOC and its agencies. Climate change adaptation includes “adjustments to natural or human systems in
response to actual or expected climate change, including increases in the frequency or severity of weather-related
disasters.”
Congressional and Executive Branch Direction on Climate Change for DOC and Its Agencies
To date, executive orders and other presidential documents have prompted much of the DOC department-level
climate change adaptation activities. Several executive orders since 2009 have directed DOC and other
departments on climate change adaptation activities. During his term, President Donald Trump issued executive
orders to revoke most of President Barack Obama’s orders related to climate change adaptation. In January 2021,
President Joe Biden revoked some of President Trump’s executive orders, effectively reinstating several of
President Obama’s executive orders. President Biden’s orders also include new directives related to climate
change adaptation.
At the agency level, Congress and various Administrations have directed one DOC agency—the National Oceanic
and Atmospheric Administration (NOAA)—to support or implement most DOC climate change adaptation
activities. NOAA carries out these activities primarily through supporting research on climate change, its effects,
and potential adaptation to the effects, as wel as through collecting and sharing climate change data and
information. Congress and various Administrations also have directed other DOC agencies, such as the Economic
Development Administration, International Trade Administration, National Institute for Standards and
Technology, and U.S. Patent and Trademark Office, to carry out some climate change adaptation activities.
Potential Issues for Consideration
Congress may consider various issues in relation to DOC’s climate change adaptation activities. For example,
there are currently few evaluations of existing DOC climate change adaptation responsibilities, appropriations,
and spending, including how activities and spending are prioritized. Congress also may consider adjusting DOC
or agency appropriation amounts for adaptation activities relative to their benefits and congressional priorities.
Additional y, Congress may weigh whether to
 codify or modify directives under new or recently reinstated executive orders;
 define climate change adaptation or similar terms in statute;
 require agency climate change adaptation strategies to supplement those mandated in executive
order provisions;
 direct priorities for producing, collecting, and sharing adaptation information; and
 alter financial assistance authorities that support adaptation, among other issues.

Congressional Research Service

link to page 5 link to page 6 link to page 7 link to page 12 link to page 13 link to page 15 link to page 16 link to page 16 link to page 23 link to page 27 link to page 27 link to page 28 link to page 29 link to page 29 link to page 31 link to page 31 link to page 31 link to page 33 link to page 34 link to page 35 link to page 36 link to page 36 link to page 37 link to page 37 link to page 37 link to page 38 link to page 39 link to page 40 link to page 5 link to page 5 link to page 8 link to page 8 link to page 16 link to page 16 link to page 41 Climate Change Adaptation: Department of Commerce

Contents
Department of Commerce ................................................................................................ 2
Departmental Climate Change Adaptation Activities............................................................. 3
Executive Orders and Other Presidential Documents ....................................................... 4
Executive Orders with a Geographic Focus .............................................................. 9
DOC Departmental Guidance .................................................................................... 10
DOC Climate Change Adaptation Activities at the Agency Level.......................................... 12
National Oceanic and Atmospheric Administration ....................................................... 13
Statutory Authorities ........................................................................................... 13
Executive Branch Guidance ................................................................................. 20
Economic Development Administration ...................................................................... 24
Statutory Authorities ........................................................................................... 24
Executive Branch Guidance ................................................................................. 25
International Trade Administration ............................................................................. 26
Statutory Authorities ........................................................................................... 26
Executive Branch Guidance ................................................................................. 28
National Institute of Standards and Technology ............................................................ 28
Statutory Authorities ........................................................................................... 28
Executive Branch Guidance ................................................................................. 30
U.S. Patent and Trademark Office .............................................................................. 31
Other DOC Agencies ............................................................................................... 32
DOC Climate Change Adaptation Spending ...................................................................... 33
Issues for Congress ....................................................................................................... 33
Existing Climate Change Adaptation Authorities, Guidance, Activities, and Spending ........ 34
Defining Climate Change Adaptation or Related Terms ................................................. 34
Developing a Climate Change Adaptation Strategy ....................................................... 34
Sharing Climate Change Adaptation Information .......................................................... 35
Financial Assistance Authorities to Support Climate Change Adaptation .......................... 36
Additional Considerations......................................................................................... 37

Tables
Table 1. Department of Commerce (DOC) Agencies, Missions,
and FY2021 Appropriations ........................................................................................... 2
Table 2. Selected Executive Orders with Provisions Regarding the Department of
Commerce (DOC) and Climate Change Adaptation ........................................................... 5
Table 3. Selected NOAA Statutory Authorities Used to Carry Out Climate Change
Adaptation Activities .................................................................................................. 13

Contacts
Author Information ....................................................................................................... 38

Congressional Research Service

Climate Change Adaptation: Department of Commerce

limate change affects the mission and programs of the Department of Commerce (DOC)
and its agencies, and these effects are likely to continue. Congress authorizes and funds
C DOC’s missions and programs, which are wide-ranging, with relevance to trade
enforcement, economic development, innovation support, entrepreneurship and business
development, standard setting, environmental monitoring, weather forecasting, marine resources
management, and statistical research and analysis
Given the diversity of DOC’s responsibilities, how climate change may affect DOC and its
activities varies. For example,
 DOC supports U.S. commerce. Various sectors of U.S. commerce depend on
natural resources that are vulnerable to climate change impacts; these sectors
include agriculture, recreation, tourism, and fisheries.1
 DOC supports U.S. trade. Climate change is expected to have increasing effects
on U.S. trade considerations, including import and export prices, and on the
nation’s built infrastructure, such as energy and transportation systems.2
 DOC supports U.S. communities and ecosystems. For example, coastal
communities and ecosystems are threatened by sea-level rise and storm surge.3
Congress has considered and may continue to consider how climate change may affect DOC and
its agencies’ mission and programs. For a discussion of how climate change adaptation activities
were defined and tracked in this report, see the shaded text box entitled “Defining and Tracking
Climate Change Adaptation Activities at the Department of Commerce” below.
This report provides an overview of selected DOC statutory authorities, executive orders, and
departmental and agency guidance related to climate change adaptation activities. Each section
contains a brief background of the department or agency and an overview of its climate change
adaptation activities. The report also presents information on DOC spending on climate change
adaptation where available. The last section of the report discusses potential issues for Congress
to consider related to climate change adaptation activities and spending. This report is not
intended to be a comprehensive review of DOC’s climate change activities—the information
should be considered il ustrative rather than exhaustive.
Defining and Tracking Climate Change Adaptation Activities at the Department
of Commerce
Congress has not defined the term climate change adaptation for the Department of Commerce (DOC) and its
agencies. Definitions of what constitute climate change adaptation activities vary among stakeholders and typical y
encompass many different activities at the federal, state, local, and individual levels. For instance, a 2016
Government Accountability Office (GAO) report defined climate change adaptation to include “adjustments to
natural or human systems in response to actual or expected climate change, including increases in the frequency
or severity of weather-related disasters.” This definition is used in this report.
GAO also defined the terms resilience and hazard mitigation, opining that “adaptation is synonymous with enhancing
resilience.” GAO uses the National Academies’ definition of resilience: “the ability to prepare and plan for, absorb,
recover from, and more successful y adapt to adverse events.” According to GAO, two related sets of action that

1 U.S. Global Change Research Program (USGCRP), Impacts, Risk, and Adaptation in the United States: Fourth
National Clim ate Assessm ent, vol. 2, 2018, p. 25 (hereinafter USGCRP, NCA4, vol. 2). Congress established USGCRP
as an interagency mechanism to develop and coordinate a “ comprehensive and integrated” United States research
program to assess, predict, and respond to “human-induced and natural processes of global change” (15 U.S.C.
§2931(b)).
2 USGCRP, NCA4, vol. 2, pp. 25-26 and 30.
3 USGCRP, NCA4, vol. 2, p. 31. USGCRP further states that “more than half of the damages to coastal property are
estimated to be avoidable through well-timed adaptation measures.”
Congressional Research Service

1

link to page 5 Climate Change Adaptation: Department of Commerce

can enhance resilience by reducing risk include hazard mitigation (“actions taken to reduce loss of life and property
by lessening the impacts of adverse events”) and climate change adaptation. Some entities may distinguish among
these three terms; others may use them interchangeably.
Understanding the breadth of climate change adaptation activities at DOC is difficult for a number of reasons. In
addition to the differences in terminology and definitions among stakeholders, agencies may support or implement
climate change adaptation activities under various authorities without explicitly describing or formal y associating
these activities with climate change adaptation. As such, climate change adaptation activities at the DOC and its
agencies, and information available about these activities, vary from agency to agency.
Sources: GAO, Climate Change: Selected Governments Have Approached Adaptation Through Laws and Long-Term
Plans, GAO-16-454, May 2016; and GAO, Climate Change Adaptation: DOD Needs to Better Incorporate
Adaptation into Planning and Col aboration at Overseas Instal ations, GAO-18-206, December 2017, p. 1.
Department of Commerce
DOC comprises 11 agencies, in addition to the offices of the DOC Under Secretary and Secretary.
DOC’s self-stated mission is to “create the conditions for economic growth and opportunity.” As
noted above, the department has wide-ranging responsibilities (Table 1). In FY2021, Congress
appropriated over $8.9 bil ion to support DOC mission areas and facilities.4
Table 1. Department of Commerce (DOC) Agencies, Missions,
and FY2021 Appropriations
DOC Agency
Mission
FY2021 Appropriations
Bureau of Industry
“advance U.S. national security, foreign policy, and
$133.0 mil ion
and Security (BIS)
economic objectives by ensuring an effective export
control and treaty compliance system and promoting
continued U.S. strategic technology leadership”
Economic
“lead the federal economic development agenda by
$346.0 mil ion
Development
promoting innovation and competitiveness, preparing
Administration (EDA) American regions for growth and success in the
worldwide economy”
Economics and
BEA: “promotes a better understanding of the U.S.
$1,218.5 mil ion
Statistics
economy by providing the most timely, relevant, and
Administration (ESA),
accurate economic accounts data in an objective and cost-
comprised of the
effective manner”
Bureau of Economic
Census Bureau: “to serve as the nation’s leading provider
Analysis (BEA) and the of quality data about its people and economy”
Census Bureau
International Trade
“create prosperity by strengthening the international
$530.0 mil ion
Administration (ITA)
competitiveness of U.S. industry, promoting U.S. trade
and investment, and ensuring fair trade and compliance
with trade laws and agreements”
Minority Business
“promotes the growth and global competitiveness of
$48.0 mil ion
Development Agency
minority-owned enterprises”
(MBDA)
National Institute of
“promote U.S. innovation and industrial competitiveness
$1,034.5 mil ion
Standards and
by advancing measurement science, standards, and
Technology (NIST)
technology in ways that enhance economic security and
improve our quality of life.”

4 CRS Report R46290, Overview of FY2021 Appropriations for Commerce, Justice, Science, and Related Agencies
(CJS), by Nathan James.
Congressional Research Service

2

link to page 16 Climate Change Adaptation: Department of Commerce

DOC Agency
Mission
FY2021 Appropriations
National Oceanic and
“(1) to understand and predict changes in climate,
$5,430.6 mil ion
Atmospheric
weather, oceans and coasts; (2) to share that knowledge
Administration
and information with others; and (3) to conserve and
(NOAA)
manage coastal and marine ecosystems and resources”
National Technical
“provide innovative data services to federal agencies,
$0
Information Service
through joint venture partnerships with the private
(NTIS)
sector, to advance federal data priorities, promote
economic growth, and enable operational excel ence”
National
“principal y responsible by law for advising the President
$45.5 mil ion
Telecommunications
on telecommunications and information policy issues”
and Information
Administration
(NTIA)
U.S. Patent and
“fostering innovation, competitiveness and job growth in
$0
Trademark Office
the United States by conducting high quality and timely
(USPTO)
patent and trademark examination and review
proceedings in order to produce reliable and predictable
intel ectual property rights; guiding intel ectual property
policy, and improving intel ectual property rights
protection; and delivering intel ectual property
information and education worldwide”
Sources: CRS from DOC, “Bureaus and Offices,” at https://www.commerce.gov/bureaus-and-offices; BIS,
“Mission Statement,” at https://www.bis.doc.gov/index.php/about-bis/mission-statement; EDA, “Overview –
Mission,” at https://eda.gov/about/; BEA, “Who We Are-Mission,” at https://www.bea.gov/about/who-we-are;
Census Bureau, “About the Bureau,” at https://www.census.gov/about.html; ITA, “ITA Mission,” at
https://www.trade.gov/about-us; MBDA, “About MBDA,” at https://www.mbda.gov/who-we-are/overview; NIST,
“NIST Mission, Vision, Core Competencies, and Core Values,” at https://www.nist.gov/about-nist/our-
organization/mission-vision-values; NOAA, “Our Mission and Vision,” at https://www.noaa.gov/our-mission-and-
vision; NTIS, “Our Mission,” at https://www.ntis.gov/index.html; NTIA, “About NTIA,” at
https://www.ntia.doc.gov/about; USPTO, 2018-2022 Strategic Plan, at https://www.uspto.gov/sites/default/files/
documents/USPTO_2018-2022_Strategic_Plan.pdf; and CRS Report R46290, Overview of FY2021 Appropriations
for Commerce, Justice, Science, and Related Agencies (CJS), by Nathan James.
Notes: NTIS funding is derived from a revolving fund. USPTO funding is ful y derived from user fees that are
designated as offsetting col ections and subject to spending limits set by Congress.
Departmental Climate Change Adaptation Activities
To date, executive orders and other presidential documents have prompted much of the
department’s climate change adaptation-related actions. Most DOC-level statutory authorities
regarding climate change adaptation have been delegated to NOAA.5 One exception is the
establishment of the U.S. Global Change Research Program.6 The program includes
representatives from two DOC agencies: NOAA (required by law) and NIST (added by the
President, who has the discretion to add agencies to the program).7

5 See the section entitled “ National Oceanic and Atmospheric Administration.”
6 15 U.S.C. §2931(b).
7 15 U.S.C. §2932 and USGCRP, “Department of Commerce,” at https://www.globalchange.gov/agency/department-
commerce.
Congressional Research Service

3

link to page 8 link to page 8 Climate Change Adaptation: Department of Commerce

Executive Orders and Other Presidential Documents
Several executive orders and other executive documents have shaped climate change adaptation
activities at the department level over the past decade or so (Table 2). Multiple executive orders
and a presidential memorandum issued between 2009 and 2016 by President Barack Obama
required federal departments, including DOC, to support or implement climate change adaptation
activities. In 2017 and 2018, President Donald Trump issued new executive orders that revoked
some previous orders.8
Starting in 2021, President Joe Biden, through its own executive orders, revoked in whole or in
part multiple Trump Administration executive orders that themselves had revoked several Obama
Administration presidential documents related to DOC and climate change adaptation. The Biden
Administration revocations effectively reinstated some of the Obama Administration presidential
documents. The Biden Administration executive orders also required new activities related to
climate change adaptation. See Table 2 for descriptions of the orders and any changes to the
orders since their release.

8 T he T rump Administration executive orders did not use the terms climate change, adaptation, or other related terms.
E.O. 13834, “ Efficient Federal Operations,” 83 Federal Register 23771, May 17, 2018 (hereinafter E.O. 13834),
includes one mention of resilience, stating that in implementing the policy, each agency must “ enhance the resilience of
Federal infrastructure and operat ions,” among other tasks. T he executive order does not define the term resilience, nor
does it use terms such as clim ate change or adaptation.
Congressional Research Service

4

link to page 10 link to page 10 link to page 10 link to page 10 link to page 10 link to page 23 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11
Table 2. Selected Executive Orders with Provisions Regarding the Department of Commerce (DOC)
and Climate Change Adaptation
(2009 through the date of this report)
Date
Executive Order (E.O.)
Released
Summary of DOC and Climate Change Adaptation Provisions
Changes Since Release
E.O. 13514, “Federal
October 2009
Required federal departments, including DOC, (1) “to evaluate agency climate-
Amended by E.O. 13653 in
Leadership in Environmental,

change risks and vulnerabilities to manage the effects of climate change on the
November 2013 (described
Energy, and Economic
agency’s operations and mission in both the short and long term” and (2) to
below).
Performance”
participate in the interagency Climate Change Adaptation Task Force, among other
Revoked by E.O. 13693 in
tasks.a
March 2015 (described below).
E.O. 13547, “Stewardship of
July 2010
Established a national ocean policy to “provide for adaptive management to enhance Revoked by E.O. 13840,
the Ocean, Our Coasts, and
our understanding of and capacity to respond to climate change,” among other
“Ocean Policy to Advance the
the Great Lakes”
goals, and directed the Secretary of Commerce and the Under Secretary of
Economic, Security, and
Commerce for Oceans and Atmosphere to participate in the National Ocean
Environmental Interests of the
Council.b Adopted recommendations of the Interagency Ocean Policy Task Force
United States,” in June 2018.d
established under the June 2009 presidential memorandum entitled “Memorandum
for the Heads of Executive Departments and Agencies, National Policy for the
Oceans, Our Coasts, and the Great Lakes.”c
E.O. 13653, “Preparing the
November
Required DOC, among other departments, (1) “to develop and provide
Amended by E.O. 13693 in
United States for the Impacts
2013
authoritative, easily accessible, usable, and timely data, information, and decision-
March 2015 (described below).
of Climate Change”
support tools on climate preparedness and resilience” in support of federal and
Revoked by E.O. 13783,
nonfederal preparation for climate change impacts; (2) to “develop or continue to
“Promoting Energy
develop, implement, and update comprehensive plans that integrate consideration
Independence and Economic
of climate change into agency operations and overal mission objectives” (known as
Growth,” in March 2017.g
Agency Adaptation Plans); and (3) to participate in the interagency Council on
Climate Preparedness and Resilience.e Required NOAA, among other agencies, to
E.O. 13783 revoked by E.O.
complete certain actions (see section on NOAA and “Executive Orders” below).
13990 in January 2021
Defined the terms preparedness, adaptation, and resilience.f
(described below), thereby
reinstating E.O. 13653.
E.O. 13690, “Establishing a
January 2015
Amended E.O. 11988, “Floodplain Management,” sought to “improve the resilience
Revoked by E.O. 13807,
Federal Flood Risk
of communities and Federal assets against the impacts of flooding,” and anticipated
“Establishing Discipline and
Management Standard
the impacts would increase over time due to the effects of climate change and
Accountability in the
[FFRMS] and a Process for
other factors.h Required federal agencies (1) to apply the FFRMS to federal y funded
Environmental Review and
Further Soliciting and
projects,i and (2) to determine the floodplain in question using a “climate-informed
Permitting Process for
Considering Stakeholder
science approach that uses the best-available, actionable hydrologic and hydraulic
Infrastructure Projects,” in
Input”
data and methods that integrate current and future changes in flooding based on
August 2017.l
CRS-5

link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11
Date
Executive Order (E.O.)
Released
Summary of DOC and Climate Change Adaptation Provisions
Changes Since Release
climate science” or other specified method.j For example, federal agencies that
E.O. 13807 revoked by E.O.
administer grant programs, such as EDA and NOAA, were directed to “make
13990 in January 2021
adequate provision for the evaluation and consideration of flood hazards” in their
(described below).
regulations and procedures.k
E.O. 13990 directs OMB and
CEQ to “consider whether to
recommend that a replacement
order be issued.”
E.O. 13693, “Planning for
March 2015
Revoked E.O. 13514 and amended E.O. 13653.m The amendments required agency
Revoked by E.O. 13834,
Federal Sustainability in the
heads, including the Secretary of Commerce, to “ensure that agency operations and
“Efficient Federal Operations,”
Next Decade”
facilities prepare for impacts of climate change” in specified ways.
in May 2018.n
Parts of E.O. 13834 were
revoked by E.O. 13990 in
January 2021 (described
below), thereby reinstating E.O.
13693.
Presidential Memorandum,
September
Created the Climate and National Security Working Group “to coordinate the
Revoked by E.O. 13783 in
“Climate Change and
2016
development of a strategic approach to identify, assess, and share information on
March 2017.
National Security”
current and projected climate-related impacts on national security interests,”
E.O. 13783 revoked by E.O.
among other tasks.o The working group included senior-level representatives from
13990 in January 2021
DOC and other departments and agencies. It was directed to develop an action
(described below), thereby
plan, with each individual agency tasked with developing an agency-specific
reinstating the presidential
implementation plan.p
memorandum.
Formal y reinstated by E.O.
14008 in January 2021
(described below).
E.O. 13751, “Safeguarding
December 2016 Amended E.O. 13112, “Invasive Species,” and directed federal agencies, including
NA
the Nation from the Impacts
DOC agencies, to consider “the impacts of climate change when working on issues
of Invasive Species”
relevant to the prevention, eradication, and control of invasive species . . and [to]
integrate invasive species into Federal climate change coordinating frameworks and
initiatives.”q
E.O. 13990, “Protecting
January 2021
Revoked, in whole or in part, multiple Trump Administration executive orders
NA
Public Health and the
(E.O. 13783, E.O. 13807, and E.O. 13834) that had revoked several Obama
Environment and Restoring
Administration presidential documents related to DOC and climate change
adaptation (E.O. 13653, E.O. 13690, E.O. 13693, and a presidential memorandum).r
CRS-6

link to page 11
Date
Executive Order (E.O.)
Released
Summary of DOC and Climate Change Adaptation Provisions
Changes Since Release
Science to Tackle the
Effectively reinstated those Obama Administration presidential documents in whole
Climate Crisis”
or in part (described above). Stated that it is the Administration’s policy “to bolster
resilience to the impacts of climate change,” among other topics. Directed the
heads of al agencies, including the Secretary of Commerce, (1) to review al agency
documents and policies adopted since January 2017 that may be inconsistent with
the E.O. policies; (2) to consider whether to “take any additional agency actions to
ful y enforce” the policies; and (3) to seek input from nonfederal stakeholders on
implementing the two prior actions.
E.O. 14008, “Tackling the
January 2021
Formal y reinstated the presidential memorandum entitled “Climate Change and
NA
Climate Crisis at Home and
National Security” (described above).s Established the National Climate Task Force,

Abroad”
to include the Secretary of Commerce, and directed the task force to “facilitate
planning and implementation of key federal actions to . . increase resilience to the
impacts of climate change” and to prioritize such actions in internal agency
processes and nonfederal engagement, among other goals. Required agency heads
to each submit a draft action plan to the task force and the Federal Chief
Sustainability Officer that “describes steps the agency can take with regard to its
facilities and operations to bolster adaptation and increase resilience to the impacts
of climate change.” Agency heads are expected to submit annual progress reports
on action plan implementation.
Sources: See notes below.
Notes: CEQ = White House Council on Environmental Quality; EDA = Economic Development Administration; NA = not applicable; NOAA = National Oceanic and
Atmospheric Administration; OMB = Office of Management and Budget.
a. E.O. 13514, “Federal Leadership in Environmental, Energy, and Economic Performance,” 74 Federal Register 52117, October 5, 2009. The interagency Climate
Change Adaptation Task Force began meeting prior to the release of the executive order (White House Council on Environmental Quality, Progress Report of the
Interagency Climate Change Adaptation Task Force: Recommended Actions in Support of a National Climate Change Adaptation Strategy, October 2010, at
https://www.hsdl.org/?view&did=13030).
b. E.O. 13547, “Stewardship of the Ocean, Our Coasts, and the Great Lakes,” 75 Federal Register 43021, July 19, 2010. The Under Secretary of Commerce for Oceans
and Atmosphere is also the Administrator of NOAA.
c. Memorandum for the Heads of Executive Departments and Agencies, “National Policy for the Oceans, Our Coasts, and the Great La kes,” presidential
memorandum, 74 Federal Register 28591, June 12, 2009. The memorandum created a temporary task force with identical membership to the Committee on Ocean
Policy, which included the Secretary of Commerce, among other department and agency representatives.
d. E.O. 13840, “Ocean Policy to Advance the Economic, Security, and Environmental Interests of the United States,” 83 Federal Register 29431, June 19, 2018.
e. E.O. 13653, “Preparing the United States for the Impacts of Climate Change,” 78 Federal Register 66817, November 1, 2013.
CRS-7

f.
E.O. 13653 defined preparedness as “actions taken to plan, organize, equip, train, and exercise to build, apply, and sustain the capabilities necessary to prevent,
protect against, ameliorate the effects of, respond to, and recover from climate change related damages to life, health, property, livelihoods, ecosystems, and
national security”; adaptation as “adjustment in natural or human systems in anticipation of or response to a changing environment in a way that effectively uses
beneficial opportunities or reduces negative effects”; and resilience as “the ability to anticipate, prepare for, and adapt to changing conditions and withstand, respond
to, and recover rapidly from disruptions.”
g. E.O. 13783, “Promoting Energy Independence and Economic Growth,” 82 Federal Register 16093, March 28, 2017.
h. E.O. 13690, “Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input,” 80 Federal Register
6425, January 30, 2015 (hereinafter E.O. 13690), and E.O. 11988, “Floodplain Management,” 42 Federal Register 26951, May 24, 1977.
i.
Federal y funded projects are defined as “actions where Federal funds are used for new construction, substantial improvement, or to address substantial damage to
structures and facilities.” Guidelines for Implementing Executive Order 11988, Floodplain Management, and Executive Order 13690, Establishing a Federal Flood Risk
Management Standard and a Process for Further Soliciting and Considering Stakeholder Input, October 8, 2015, p. 4, at https://www.fema.gov/media-library-data/
1444319451483-f7096df2da6db2adfb37a1595a9a5d36/FINAL-Implementing-Guidelines-for-EO11988-13690_08Oct15_508.pdf. Hereinafter E.O. 11988 Implementing
Guidance, October 2015.
j.
E.O. 13690.
k. E.O. 11988 Implementing Guidance, October 2015, p. 26. Some DOC agencies had begun the process of implementing E.O. 13690 before its revocation. For example,
EDA had proposed a framework for implementation (EDA, “Federal Flood Risk Management Standard Announcement,” at https://www.eda.gov/archives/2016/
programs/disaster-recovery/ffrms.htm).
l.
E.O. 13807, “Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects,” 82 Federal Register 40463,
August 15, 2017.
m. E.O. 13693, “Planning for Federal Sustainability in the Next Decade,” 80 Federal Register 15869, March 19, 2015.
n. E.O. 13834, “Efficient Federal Operations,” 83 Federal Register 23771, May 17, 2018. E.O. 13834 includes one mention of resilience, stating that in implementing the
policy, each agency must “enhance the resilience of Federal infrastructure and operations,” among other tasks. The EO does not define the term resilience, nor does
it use terms such as climate change or adaptation.
o. The White House, Office of the Press Secretary, “Presidential Memorandum – Climate Change and National Security,” September 21, 2016, at
https://obamawhitehouse.archives.gov/the-press-office/2016/09/21/presidential-memorandum-climate-change-and-national-security.
p. CRS did not locate any such plans.
q. E.O. 13751, “Safeguarding the Nation from the Impacts of Invasive Species,” 81 Federal Register 88609, December 5, 2016, and E.O. 13112, “Invasive Species,” 64
Federal Register 6183, February 3, 1999.
r. E.O. 13990, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,” 86 Federal Register 7037, January 20, 2021.
s. E.O. 14008, “Tackling the Climate Crisis at Home and Abroad,” 86 Federal Register 7619, January 27, 2021.

CRS-8

Climate Change Adaptation: Department of Commerce

Executive Orders with a Geographic Focus
Other executive orders require DOC to support climate change adaptation activities in certain
geographic areas. For example, E.O. 13508, “Chesapeake Bay Protection and Restoration,”
issued in May 2009, requires a senior representative from DOC, among other departments, to
serve on the executive order-established Federal Leadership Committee. The executive order
identifies DOC and the Department of the Interior (DOI) as the lead agencies to “assess the
impacts of a changing climate on the Chesapeake Bay and develop a strategy for adapting natural
resource programs and public infrastructure to the impacts of a changing climate on water quality
and living resources of the Chesapeake Bay watershed,” among other topics, in a report to the
Federal Leadership Committee.9 E.O. 13508 also requires DOC and DOI “to the extent permitted
by law, [to] organize and conduct research and scientific assessments to support development of
the strategy to adapt to climate change impacts on the Chesapeake Bay watershed ... and to
evaluate the impacts of climate change on the Chesapeake Bay in future years.”10 E.O. 13508 is
stil in force as of the date of this report.
E.O. 13554, “Establishing the Gulf Coast Ecosystem Restoration Task Force,” issued in October
2010, required a DOC senior official to be a part of the Gulf Coast Ecosystem Restoration Task
Force.11 The task force’s functions included coordination of “intergovernmental efforts to
improve efficiency and effectiveness in the implementation of Gulf Coast ecosystem restoration
actions,” with ecosystem restoration defined to include “protecting and conserving ecosystems so
that they can continue to ... assist in mitigating and adapting to the impacts of climate change,”
among other functions.12 E.O. 13626, “Gulf Coast Ecosystem Restoration,” released in September
2012, revoked E.O. 13554, terminating the task force and charging the congressional y created
Gulf Coast Ecosystem Restoration Council with incorporating the task force’s findings into its
own comprehensive plan.13 Under statute, the council must include the Secretary of Commerce or
the Secretary’s designee at the level of Assistant Secretary or the equivalent.14 E.O. 13626 is stil
in force as of the date of this report.
E.O. 13689, “Enhancing Coordination of National Efforts in the Arctic,” issued in January 2015,
requires the Deputy Secretary or equivalent officer from DOC to be part of the Arctic Executive
Steering Committee (AESC). AESC is expected to provide guidance to executive departments
and agencies and enhance coordination of federal Arctic policies across federal and nonfederal
entities.15 The executive order’s policy findings note that the United States has the responsibility

9 E.O. 13508, “Chesapeake Bay Protection and Restoration,” 74 Federal Register 23099, May 12, 2009. Hereinafter
E.O. 13508.
10 E.O. 13508. See the relevant strategy at Federal Leadership Committee for the Chesapeake Bay, Action Plan:
Strategy for Protecting and Restoring the Chesapeake Bay Watershed, December 2012, at
https://federalleadership.chesapeakebay.net/eo_13508_fy13_action_plan.pdf. Additional documents developed in
response to E.O. 13508 can be found at https://federalleadership.chesapeakebay.net/page/Reports-Documents.aspx.
11 E.O. 13554, “Establishing the Gulf Coast Ecosystem Rest oration T ask Force,” 75 Federal Register 62313, October
5, 2010 (hereinafter E.O. 13554). T he DOC representative on the task force was the Principal Deputy Under Secretary
for Oceans and Atmosphere of NOAA.
12 E.O. 13554.
13 E.O. 13626, “Gulf Coast Ecosystem Restoration,” 77 Federal Register 56749, September 10, 2012. Hereinafter E.O.
13626.
14 33 U.S.C. §1321(t)(2)(C)(ii). For current membership, see Gulf Coast Ecosystem Restoration Council, “Council
Members,” at https://www.restorethegulf.gov/people/council-members.
15 E.O. 13689, “Enhancing Coordination of National Efforts in the Arctic,” 80 Federal Register 4189, January 21,
2015. Hereinafter E.O. 13689.
Congressional Research Service

9

link to page 8 Climate Change Adaptation: Department of Commerce

to “understand more fully and manage more effectively the adverse effects of climate change”
and to “protect life and property,” among others.16 E.O. 13754, “Northern Bering Sea Climate
Resilience,” released December 2016, established a task force on the Northern Bering Sea
Climate Resilience Area under AESC, cochaired by NOAA, DOI, and the U.S. Coast Guard.17
The executive order charged the task force with advancing “the policy of the United States to
enhance the resilience of the northern Bering Sea region,” but did not define the term resilience.
E.O. 13689 remains in force as of the date of this report. E.O. 13754 (and its task force) was
revoked by E.O. 13795, “Implementing an America-First Offshore Energy Strategy,” in April
2017. 18 E.O. 13990 revoked E.O. 13795 in January 2021, thereby reinstating E.O. 13754. In
April 2020, GAO noted that AESC was “dormant.”19
DOC Departmental Guidance
DOC responded to several executive orders by developing departmental administrative orders and
guidance documents. Two executive orders, E.O. 13514 and E.O. 13653, issued in October 2009
and November 2013 respectively, drove DOC to develop most of its climate change adaptation
guidance, until the revocation of the executive orders in March 2015 and March 2017,
respectively.20 It is unclear what actions the department may take moving forward with the
reinstatement of E.O. 13653 by E.O. 13990 in January 2021. A timeline of DOC actions, based on
available information, is presented below.
 In 2011, DOC released Departmental Administrative Order (DAO) 216-18.21
DAO 216-18 stated it was “the policy of the Department to undertake
comprehensive climate change adaptation planning in order to ensure that the
Department fulfil s its mission and maintains its programs and operations in a
changing climate.”22 DAO 216-18 identified six ways DOC was working to
“promote a more climate-resilient economy, society and environment.”23 DAO

16 E.O. 13689.
17 E.O. 13754, “Northern Bering Sea Climate Resilience,” 81 Federal Register 90669, December 9, 2016. Hereinafter
E.O. 13754.
18 E.O. 13795, “Implementing an America-First Offshore Energy Strategy,” 82 Federal Register 20815, April 28, 2017.
Hereinafter E.O. 13795.
19 GAO, Maritime Infrastructure: A Strategic Approach and Interagency Leadership Could Improve Federal Efforts in
the U.S. Arctic, GAO-20-460, April 2020, p. 31, at https://www.gao.gov/assets/710/706502.pdf. For more information
about U.S. Arctic policy, see CRS Report R41153, Changes in the Arctic: Background and Issues for Congress,
coordinated by Ronald O'Rourke.
20 E.O. 13514, “Federal Leadership in Environmental, Energy, and Economic Performance,” 74 Federal Register
52117, October 5, 2009 (hereinafter E.O. 13514) was revoked by E.O. 13693, “ Planning for Federal Sustainability in
the Next Decade,” 80 Federal Register 15869, March 19, 2015 (hereinafter E.O. 13693). E.O. 13653, “ Preparing the
United States for the Impacts of Climate Change,” 78 Federal Register 66817, November 1, 2013 (hereinafter E.O.
13653), and E.O. 13693 were revoked by E.O. 13783 , “ Promoting Energy Independence and Economic Growth,” 82
Federal Register 16093, March 28, 2017 (hereinafter E.O. 13783), and E.O. 13834, respectively. For more information,
see Table 2.
21 E.O. 13514; Secretary of Commerce, Climate Change Adaptation Planning, DOC, Number: DAO 216-18, August
31, 2011, at http://www.osec.doc.gov/opog/dmp/daos/dao216_18.html. Hereinafter DAO 216-18.
22 DAO 216-18, §5.01.
23 T he six ways focused on (1) providing climate science and services to federal and nonfederal partners; (2) assisting
federal and nonfederal entities with integrating climate informatio n into their near- and long-term strategies; (3)
promoting the advancement of green growth; (4) working with industry to develop climate change and adaptation
expertise; (5) ensuring DOC policies and decisions reflect current and projected climate impacts; and (6) strengthening
scientific understanding of climate variability and change (DAO 216 -18, Section 4).
Congressional Research Service

10

Climate Change Adaptation: Department of Commerce

216-18 also established a Climate Coordinating Committee to develop DOC’s
Climate Change Adaptation Strategy (CCAS; also known as an agency
adaptation plan).
 In June 2012, DOC released the CCAS as an appendix to the updated DOC
Strategic Sustainability Performance Plan (SSSP).24
 In June 2014, DOC published an updated CCAS which reflected lessons learned
since the first strategy, and incorporated guidance provided by the White House
Council on Environmental Quality on implementing the then-newly released
E.O. 13653.25 The 2014 CCAS included key findings from DOC’s climate
change vulnerability assessment;26 DOC five-year strategic goals for adaptation
planning; priority agency adaptation actions to implement in FY2014; and DOC-
wide activities, such as interagency coordination, actions to modernize federal
program and policy, and opportunities to support nonfederal entities.
 In 2016, DOC released an updated SSSP, which mentioned the development of a
2016 DOC climate change adaptation plan and noted “significant progress” on
many of the actions in the 2014 CCAS.27 CRS was unable to locate the 2016
DOC climate change adaptation plan.28 The 2016 SSSP outlined several climate
change resilience strategies the department planned to prioritize in FY2017,
including department- and agency-level activities.29 One of the SSSP’s priorities
was to update DAO 216-18 by the end of 2017; however, the DAO has not been
revised since its release in 2011.30
Under statute, federal agencies are required to publish a strategic plan one year after a President’s
term begins.31 Although DOC’s 2018-2022 strategic plan includes a goal to “strengthen U.S.
economic and national security” through reducing extreme weather impacts, among other
activities, the plan does not refer to climate change, adaptation, or similar terms.32 In contrast,
previous DOC strategic plans explicitly noted adaptation to climate change. For example, the

24 DOC, United States Department of Commerce Strategic Sustainability Performance Plan , June 22, 2012.
25 DOC, Department of Commerce Climate Change Adaptation Strategy, updated June 2014, at
https://www.osec.doc.gov/ofeq/Documents/OSEEP/Annual%20Rpts%20&%20Scrcards/
Final%20DOC%20Adaptation%20Plan_Final_2014 -6-10.pdf . Hereinafter DOC, CCAS, 2014.
26 DOC, CCAS, 2014 noted DOC’s key climate change vulnerabilities in four of its mission areas: economic growth,
science and information, environmental stewardship, and infrastructure, facilities, and operations management. DOC,
CCAS, 2014, pp. 6-10.
27 DOC, Strategic Sustainability Performance Plan, June 2016, p. 8, at https://www.osec.doc.gov/ofeq/documents/
oseep/docs%20&%20newsltrs/documents/doc%202016%20sspp%20(final%20posted%209.08.16).pdf. Hereinafter
DOC, SSSP, 2016.
28 CRS requested the 2016 plan from the DOC Office of Legislative and Intergovernmental Affairs but did not receive
a response (email correspondence between DOC Office of Legislative and Intergovernmental Affairs and CRS,
September 1, 2020).
29 DOC, SSSP, 2016, pp. 60-63.
30 DOC Office of Privacy and Open Government, “Recent Updates,” visited October 21, 2020, at
https://www.osec.doc.gov/opog/dmp/updates.html.
31 5 U.S.C. §306.
32 T he plan focuses on five strat egic goals: (1) accelerate American leadership, (2) enhance job creation, (3) strengthen
U.S economic and national security, (4) fulfill constitutional requirements and support economic activity, and (5)
deliver customer-centric service excellence (DOC, U.S. Departm ent of Com m erce Strategic Plan 2018 -2022: Helping
the Am erican Econom y Grow, 2018, at https://www.commerce.gov/sites/default/files/
us_department_of_commerce_2018-2022_strategic_plan.pdf. Hereinafter DOC, Strategic Plan 2018-2022, 2018).
Congressional Research Service

11

Climate Change Adaptation: Department of Commerce

2014-2018 DOC strategic plan included a goal to “help communities and businesses prepare for
and prosper in a changing environment.”33 Objectives under this goal included
 advancing the understanding and prediction of changes in the environment;
 building a weather-ready nation;
 strengthening the resiliency of communities and regions;
 fostering healthy and sustainable marine resources, habitats, and ecosystems; and
 enabling U.S. businesses to adapt and prosper by developing environmental and
climate-informed solutions.34
The 2014-2018 strategic plan specifical y cited “climate change” as a motivating factor in
strengthening community resiliency and fostering healthy and sustainable marine resources.
The 2011-2016 DOC strategic plan also included related objectives under the goals to “generate
and communicate new, cutting-edge scientific understanding of technical, economic, social, and
environmental systems” and “promote economical y-sound environmental stewardship and
science.” These objectives included
 increasing scientific knowledge and providing information to stakeholders to
support economic growth and to improve innovation, technology, and public
safety;
 enabling informed decisionmaking through an expanded understanding of the
U.S. economy, society, and environment by providing timely, relevant, trusted
and accurate data, standards, and services;
 improving weather, water, and climate reporting and forecasting;
 supporting climate adaptation and mitigation;
 developing sustainable and resilient fisheries, habitats, and species; and
 supporting coastal communities that are environmental y and economical y
sustainable.35
DOC Climate Change Adaptation Activities at the
Agency Level
Agency-specific directives and guidance—in addition to DOC-level congressional directives and
executive branch guidance—dictate agency climate change adaptation activities. The following
subsections discuss DOC agency-specific statutory authorities, executive orders, and guidance
documents for agencies included in and omitted from the 2014 CCAS. DOC identified NOAA as
the lead office in the implementation of 14 of the 20 priority adaptation actions in the 2014
CCAS; therefore, the majority of this section focuses on NOAA’s responsibilities and activities.
DOC tasked agencies other than NOAA, such as the Economic Development Administration
(EDA), International Trade Association (ITA), National Institute of Standards and Technology
(NIST), and U.S. Patent and Trademark Office (USPTO), with priority adaptation actions in the

33 DOC, U.S. Department of Commerce Strategic Plan Fiscal Years 2014 -2018, at http://www.osec.doc.gov/bmi/
budget/DOCStrategicPlanV1%201_061815.pdf. Hereinafter DOC, Strategic Plan FY2014-FY2018, 2015.
34 DOC, Strategic Plan FY2014-FY2018, 2015, pp. 22-27.
35 DOC, U.S. Department of Commerce Strategic Plan FY 2011 -2016, pp. 55-87, at http://www.osec.doc.gov/bmi/
budget/DOCFY11-16StrategicPlan%20_508version.pdf.
Congressional Research Service

12

link to page 16 Climate Change Adaptation: Department of Commerce

2014 CCAS. Overal , current congressional directives and executive guidance require a smal er
role for these agencies in carrying out climate change adaptation in comparison to NOAA’s
responsibilities.
National Oceanic and Atmospheric Administration36
In contrast to other DOC agencies, NOAA was established through congressional approval of the
Reorganization Plan No. 4 of 1970.37 Since then, Congress has shaped NOAA’s responsibilities
and authorities through more than 100 statutes, ranging from broad departmental and agency
requirements to specific program activities.38 Executive orders and departmental directives
provide further guidance to the agency.
NOAA is organized into six line offices, each with different primary missions, as wel as a
Mission Support office that supports the agency as a whole.39 Line offices include the National
Environmental Satel ite, Data, and Information Service (NESDIS); National Marine Fisheries
Service (NMFS); National Ocean Service (NOS); National Weather Service (NWS); Office of
Marine and Aviation Operations (OMAO); and Office of Oceanic and Atmospheric Research
(OAR). According to NOAA, the agency’s mission is (1) to understand and predict changes in
climate, weather, oceans, and coasts; (2) to share that knowledge and information with others; and
(3) to conserve and manage coastal and marine ecosystems and resources.40 NOAA has stated that
it provides “data, tools, and information to help people understand and prepare for climate
variability and change.”41
Statutory Authorities
Congress has explicitly directed the Secretary of Commerce, who has delegated to NOAA, or
NOAA itself to carry out some actions related to climate change adaptation (see Table 3 for
selected statutes). NOAA’s activities under their statutory authorities general y fal into two
categorizes: (1) collecting and sharing climate and climate change information and (2) supporting
research on climate change, its effects, and potential adaptations to those effects.
Table 3. Selected NOAA Statutory Authorities Used to Carry Out Climate Change
Adaptation Activities
(in order of enactment, as of the date of this report)
Program/Activity
Authority
Program/Activity Description
National Climate
P.L. 95-367, as
Directed the Secretary of Commerce to establish the National Climate
Program
amended; 15
Program Office (CPO) at the Department of Commerce (DOC) to
U.S.C.
administer the National Climate Program, among other tasks. The
§2904(d)(2)
Secretary established CPO within NOAA. Under statute, the program
must include, among nine required elements, “(1) assessments of the
effect of climate on the national environment, agricultural production,
energy supply and demand, land and water resources, transportation,
human health and national security [and] ... (2) basic and applied research

36 For more information, contact Eva Lipiec, Analyst in Natural Resources Policy.
37 5 U.S.C. Appendix Reorganization Plan No. 4 of 1970.
38 NOAA, “NOAA 101,” February 2017, presentation slides, p. 10, at https://www.legislative.noaa.gov/policybriefs/
NOAA%20101%20021617.pdf.
39 NOAA, “Organization,” at https://www.noaa.gov/about/organization.
40 NOAA, “Our Mission and Vision,” at https://www.noaa.gov/our-mission-and-vision.
41 NOAA, “Climate,” at https://www.noaa.gov/climate.
Congressional Research Service

13

link to page 18 link to page 18 link to page 18 link to page 18 link to page 19 link to page 19 link to page 19 Climate Change Adaptation: Department of Commerce

Program/Activity
Authority
Program/Activity Description
to improve the understanding of climate processes, natural and man-
induced, and the social, economic, and political implications of climate
change.”
According to CPO, the program “advances understanding and prediction
of climate, and leverages the science to help Americans plan and
respond.”a Activities within CPO include the National Integrated Drought
Information System (NIDIS, described below), the National Integrated
Heat Health Information System, Regional Integrated Sciences and
Assessments, and Coastal and Ocean Climate Applications, among
others.b
Regional Marine
P.L. 101-593;
Instructed the NOAA Administrator to administer a grant program to
Research Grant
16 U.S.C.
regional marine research boards to support projects that assess “the
Program
§1447d(b)(2)(J) effects of climate change on marine resources in the region,” among other
research priorities. According to NOAA, the program has not received
funding in recent years.c
Authorized
P.L. 107-253;
Instructed NOAA, through its United States Weather Research Program,
Activities of NOAA
15 U.S.C.
to “assess through research and analysis of previous trends ... how shifts
§313c(5)
in climate, development, and erosion patterns might make certain regions
vulnerable to more continual or escalating flood damage in the future,”
among other activities.
NOAA indicated it has ongoing research activities related to this statute,
including activities at several labs (Physical Sciences Lab, Geophysical Fluid
Dynamics Lab, and National Severe Storms Lab) as wel as at the National
Center for Environmental Information, National Hurricane Center,
National Water Center, National Center for Environmental Prediction,
and elsewhere in NOAA.d
National Integrated
P.L. 109-430,
Directed the Under Secretary of Commerce for Oceans and Atmosphere
Drought
as amended;
to establish NIDIS. NIDIS is to “continue ongoing research and
Information System
15 U.S.C.
monitoring activities related to drought, including research activities
(NIDIS)
§313d(b)(6)
relating to ... impacts of drought and the role of extreme weather events
and climate variability in drought.”e
NOAA identified NIDIS as a program that responds to the department’s
2014 Climate Change Adaptation Strategy. According to NOAA, NIDIS
“integrates basic and applied research” performed by NOAA and other
federal agencies into an “adaptive decision-support environment for
resource managers, farmers, and other water users.”f NIDIS also supports
monitoring and forecasting systems and education efforts.
Integrated Coastal
P.L. 111-11, as
Identified NOAA as the lead federal agency for the implementation and
and Ocean
amended; 33
administration of the Interagency Coastal and Ocean Observing System
Observing System
U.S.C.
and directed the agency to “implement a program of public education and
§3603(c)(3)
outreach to improve public awareness of global climate change and effects
on the ocean, coastal, and Great Lakes environment,” among other
duties.
NOAA indicated it meets this obligation in several ways including through
(1) grants to regional associations to support outreach and educational
efforts; (2) public newsletters and meetings of the U.S. Integrated Ocean
Observing System (IOOS) Office; and (3) a standing U.S. IOOS Education
and Outreach Committee which develops and implements national and
regional education and outreach efforts.g
Interagency
P.L. 111-11, as
Identified NOAA as the chair of a newly established interagency
Subcommittee on
amended; 33
subcommittee to coordinate federal ocean acidification activities. Among
Ocean Acidification
U.S.C.
other activities, required the subcommittee to complete and periodical y
§3703(c)(4)
update an Ocean Chemistry Coastal Community Vulnerability
Assessment, to include identifying impacts of changing ocean carbonate
Congressional Research Service

14

link to page 19 link to page 19 link to page 19 Climate Change Adaptation: Department of Commerce

Program/Activity
Authority
Program/Activity Description
chemistry on certain communities. The assessment is due December
2023.
Interagency
P.L. 111-11, as
Required the interagency subcommittee on ocean acidification to develop
Subcommittee on
amended; 33
a strategic plan, to include actions such as “applied research to identify
Ocean Acidification
U.S.C.
adaptation strategies for species impacted by changes in ocean chemistry.”
Strategic Plan
§3704(c)
A revised strategic plan that meets this requirement is due December
2022.
NOAA Ocean
P.L. 111-11, as
Instructed the Secretary of Commerce to establish an ocean acidification
Acidification
amended; 33
program to “research to identify and develop adaptation strategies and
U.S.C.
techniques for effectively conserving marine ecosystems as they cope with
§3705(a)(1)(C) increased ocean acidification,” and to provide a mechanism for nonfederal
stakeholders to offer input on monitoring needs to support adaptation,
among other activities.h
NOAA identified the Ocean Acidification Program as an activity that
responds to the department’s 2014 Climate Change Adaptation Streatgy.
NOAA’s Ocean Acidification Program “seeks to better prepare society to
respond to changing ocean conditions and resources” through
monitoring, experimental facilities, education and outreach, and data
management.i
Climate Change and P.L. 111-11; 42 Directed the Secretary of the Interior and the NOAA Administrator to
Water
U.S.C.
Intragovernmental
§10366(a)
establish and lead a climate change and water
Panel
intragovernmental panel—(1) to review the current
scientific understanding of each impact of global climat e
change on the quantity and quality of freshwater
resources of the United States; and
(2) to develop any strategy that the panel determines
to be necessary to improve observational capabilities,
expand data acquisition, or take other actions
(A) to increase the reliability and accuracy of modeling
and prediction systems to benefit water managers at
the Federal, State, and local levels; and
(B) to increase the understanding of the impacts of
climate change on aquatic ecosystems.
Congress directed the Secretary of the Interior to submit the required
review and strategy to Congress by 2009.j
Source: CRS.
Notes: NOAA = National Oceanic and Atmospheric Administration
a. For more information, see CPO, “About the Climate Program Office,” at https://cpo.noaa.gov/Who-We-
Are/About-CPO.
b. CPO, “NOAA [Office of Oceanic and Atmospheric Research] OAR Climate Program Office Organization,”
at https://cpo.noaa.gov/Who-We-Are/Org-Chart.
c. Email correspondence with NOAA, Office of Legislative and Intergovernmental Affairs (OLIA), August 20,
2020.
d. Email correspondence with NOAA OLIA, August 20, 2020. For more information, see th e fol owing
resources: NOAA OAR, “OAR Labs,” at https://research.noaa.gov/Labs-Programs/OAR-Labs; NOAA
National Centers for Environmental Information, “National Centers for Environmental In formation,” at
https://www.ncei.noaa.gov/; NOAA National Hurricane Center (NHC) and Central Pacific Hurricane
Center, “NOAA/NHC Hurricane Research,” at https://www.nhc.noaa.gov/aboutresearch.shtml; NOAA
Office of Water Prediction, “Welcome to the Office of Water Prediction,” at https://water.noaa.gov/; and
NOAA National Weather Service National Centers for Environmental Prediction, “National Centers for
Environmental Prediction,” at https://www.ncep.noaa.gov/.
Congressional Research Service

15

Climate Change Adaptation: Department of Commerce

e. Email correspondence with NOAA OLIA, March 25, 2020.
f.
For more information, see NOAA Climate Program Office, “About the National Integrated Drought
Information System (NIDIS),” at https://cpo.noaa.gov/Serving-Society/NIDIS.
g. Email correspondence with NOAA OLIA, August 20, 2020. For more information ab out the U.S. Integrated
Ocean Observing System, see NOAA, “Integrated Ocean Observing System,” at https://ioos.noaa.gov/.
h. Email correspondence with NOAA OLIA, March 25, 2020.
i.
NOAA, OAP, “Find Out More About OAP’s Areas of Focus,” at https://oceanacidification.noaa.gov/
WhatWeDo.aspx.
j.
According to NOAA, there are no further requirements as the report was submitted to Congress in 2009
(email correspondence with NOAA OLIA, August 20, 2020).
Many of NOAA’s climate change adaptation activities may be carried out under statutory
authorities that are not specific to climate change adaptation, and shaped by the departmental and
agency guidance described below. These activities occur across the agency, and again may be
divided into two categories: (1) collecting and sharing climate and climate change information
and (2) supporting research on climate change, its effects, and potential adaptations to those
effects. Selected examples of activities under each line office include the following:
 NESDIS aims to “provide secure and timely access to global environmental data
and information from satel ites and other sources to promote and protect the
Nation’s security, environment, economy, and quality of life.”42 The line office
manages a constel ation of Earth observing satel ites in support of its statutory
responsibilities to observe meteorological conditions, forecast weather, and
understand climate processes, among other tasks.43 According to the agency,
“NOAA’s satel ite data improve the Nation’s resilience to climate variability,”
among other benefits.44
 NMFS is “responsible for the stewardship of the nation’s ocean resources and
their habitat.”45 Congress directs NOAA to manage and conserve fisheries and to
recover protected marine species.46 NMFS activities in support of responding and
adapting to climate change have included developing a climate science strategy
and new stock assessments and implementing ecosystem-based fisheries
management.47
 NOS “provides data, tools, and services that support coastal economies and their
contribution to the national economy.”48 Several NOS authorities support the line
office’s climate change adaptation activities, such as research within the agency
and technical and financial assistance to nonfederal entities.49 For example,

42 NOAA, National Environmental Satellite Data and Information Service, “About,” at https://www.nesdis.noaa.gov/
content/about .
43 For example, under 15 U.S.C. §§313, 8521, and 2904.
44 NOAA National Centers for Environmental Information, “Satellite Data,” at https://www.ncdc.noaa.gov/data-access/
satellite-data.
45 NOAA, NOAA Fisheries, “About Us,” at https://www.fisheries.noaa.gov/about-us.
46 For example, under 16 U.S.C §§1901 et seq. and 16 U.S.C. §§1361 et seq.
47 NOAA, NOAA Fisheries, “Climate: Responding to Change,” at https://www.fisheries.noaa.gov/topic/
climate#responding-to-change; and NOAA, NOAA Fisheries, “ NOAA Fisheries Climate Science Strategy,” at
https://www.fisheries.noaa.gov/national/climate/noaa-fisheries-climate-science-strategy.
48 NOAA, National Ocean Service (NOS), “About the National Ocean Service,” at https://oceanservice.noaa.gov/about/
.
49 NOAA, NOS, An Introduction to NOAA’s National Ocean Service, at
Congressional Research Service

16

Climate Change Adaptation: Department of Commerce

eligible states and territories have used assistance from the National Coastal Zone
Management Program in support of projects such as the development of sea-level
rise projections and guidance, and climate adaptation studies and policies.50 NOS
also serves as home to the agency’s coastal scientists working on topics
potential y affected by climate change, such as harmful algal blooms and
hypoxia,51 ecosystem services,52 and national marine sanctuaries,53 among other
topics.
 NWS aims to provide weather, water, and climate data; forecasts; and warnings
for the protection of life and property and the enhancement of the national
economy.54 NWS has compiled an extensive climate record for the United States
through its long-term weather monitoring. The agency also maintains and shares
several climate monitoring products.55 Among other authorities, Congress has
directed NWS to improve its longer-term weather forecasts (two weeks to two
years), potential y closing the gap between short-term weather forecasts and
long-term climate forecasts.56 NWS also supports continuing development of
local climate analysis tools to address drought, extreme weather, Arctic sea ice,
and coastal sea-level concerns.57
 OAR’s mission is to “conduct research to understand and predict the Earth
system; develop technology to improve NOAA science, service, and stewardship;
and transition the results so they are useful to society.”58 Multiple OAR offices
carry out climate change adaptation activities, such as providing technical and
financial assistance, under other authorities. For example, Congress created the
National Sea Grant College Program, currently under OAR,59 which provides
technical and financial assistance for climate change adaptation in local

https://aamboceanservice.blob.core.windows.net/oceanservice-prod/about/introduction-nos.pdf.
50 16 U.S.C. §§1451 et seq. For more information about the National Coastal Zone Management Program, see CRS
Report R45460, Coastal Zone Managem ent Act (CZMA): Overview and Issues for Congress, by Eva Lipiec; NOAA,
NOS Office of Coastal Management, “Washington Coastal Resilience Project Ups Hazard Readiness,” at
https://coast.noaa.gov/states/stories/washington-coastal-resilience-project.html; and NOAA, NOS Office of Coastal
Management, “ Fort Lauderdale Walks the T alk on Climate Adaptation,” at https://coast.noaa.gov/states/stories/fort-
lauderdale-climate-adaptation-plan-approved.html; and NOAA, NOS Office of Coastal Management, “ NOAA Support
Sets the Stage for Disaster Recovery Preparedness Policy,” at https://coast.noaa.gov/states/stories/disaster-recovery-
preparedness-policy.html.
51 16 U.S.C. §§6401 et seq. and 33 U.S.C §§4001 et seq.
52 NOAA, National Centers for Coastal Ocean Science, “Coastal Change,” at https://coastalscience.noaa.gov/research/
coastal-change/.
53 NOAA, National Marine Sanctuaries, “About,” at https://sanctuaries.noaa.gov/about/.
54 NOAA, National Weather Service, “About,” at https://www.weather.gov/about/; 15 U.S.C. §313; and 55 U.S.C.
§706.
55 NOAA, Report to Congress - Subseasonal and Seasonal Forecasting Innovation: Plans for the Twenty-First
Century, developed pursuant to Section 201 of P.L. 115-25, 2020, p. 9. National Weather Service climate monitoring
products include parameters such as drought, precipitations, radiation, and temperature (ibid., pp. 16 -17).
56 15 U.S.C. §8521.
57 Correspondence between CRS and NOAA Office of Legislative and Intergovernmental Affairs, June 26, 2020; and
NOAA, National Weather Service, “Local Climate Analysis T ool,” at https://nws.weather.gov/lcat/home.
58 NOAA, Office of Oceanic and Atmospheric Research (OAR), “About NOAA Research,” at
https://research.noaa.gov/About -Us. For example, the Ocean and Atmospheric Research and Development Program
was established under 33 U.S.C. §893.
59 33 U.S.C. §1121(b).
Congressional Research Service

17

Climate Change Adaptation: Department of Commerce

communities.60 OAR also includes other programs that support research and
monitoring related to climate change adaptation in various ways.61
 OMAO’s mission is to “safely deliver effective Earth observation capabilities,
integrate emerging technologies, and provide a specialized, flexible, and reliable
team responsive to NOAA and the nation.”62 The line office administers the
NOAA fleet of ships and aircraft, and it “supports a wide range of marine
activities including fisheries research, nautical charting, and ocean and climate
studies.”63
 NOAA’s Mission Support includes multiple offices, such as communications,
education, and general counsel, some of which may support climate change
adaptation activities. For example, Congress has directed NOAA to support
formal and informal educational activities regarding ocean, coastal, Great Lakes,
and atmospheric science and stewardship.64 Some of these activities have been
implemented through NOAA’s Office of Education programs, such as the
Environmental Literacy Program, which has funded grants to disseminate climate
change and climate change adaptation information to students and the general
public, among other activities.65
 Several cross-agency activities also support climate change adaptation. For
example, Congress directed NOAA to support coral reef conservation,66
including increasing coral reef “resilience to climate change.”67 Multiple line
offices (NESDIS, NMFS, NOS, and OAR) contribute to the program by
supporting mapping, monitoring, forecasting, and modeling and by providing
technical and financial assistance to nonfederal entities.68 Other cross-agency
examples include the development and maintenance of online clearinghouses.69
One such database is Climate.gov, “a source of timely and authoritative scientific
data and information about climate” to “promote public understanding of climate

60 T he National Sea Grant College Program provides funding to state-level Sea Grant organizations, which have
disbursed their funds to support climate change adaptation on a local level. Examples include Alaska Sea Grant’s
Climate Change Adaptation Planning T ool (https://seagrant.uaf.edu/bookstore/pubs/M-141.html), New Hampshire Sea
Grant climate change resources (https://seagrant.unh.edu/climate-adaptation), University of Southern California’s
technical assistance and project funding (https://dornsife.usc.edu/uscseagrant/climate-change/), and Wisconsin Sea
Grant’s adaptation strategies (https://www.seagrant.wisc.edu/our-work/focus-areas/coastal-processes-and-engineering/
coastal-processes/climate-change-implications-and-adaptation-strategies/), among other Sea Grant programs and
projects.
61 NOAA, OAR, “OAR Labs,” at https://research.noaa.gov/Labs-Programs/OAR-Labs; NOAA, OAR Weather Program
Office, “About,” at https://wpo.noaa.gov/Programs/Overview; NOAA, OAR Unmanned Aircraft Systems Program,
“Overview,” at https://uas.noaa.gov/About/Overview; and NOAA, Global Ocean Monitoring and Observing, “Our
Mission,” at https://globalocean.noaa.gov/.
62 NOAA, Office of Marine and Aviation Operations (OMAO), “Mission & Statutory Authority,” at
https://www.omao.noaa.gov/learn/about -omao/mission-statutory-authority.
63 NOAA, OMAO, “About OMAO,” at https://www.omao.noaa.gov/learn/about-omao.
64 33 U.S.C. §893a.
65 NOAA, “Explore Awards – Climate,” at https://www.noaa.gov/office-education/elp/grants/awards?
search_api_views_fulltext=climate.
66 16 U.S.C. §§6401 et seq.
67 NOAA, Coral Reef Conservation Program, “Who We Are,” at https://coralreef.noaa.gov/about/welcome.html.
68 NOAA, Coral Reef Conservation Program, “Our Strategy,” at https://coralreef.noaa.gov/conservation/welcome.html.
69 According to the agency, NOAA’s work on these databases is authorized under 15 U.S.C. 2904. Email
correspondence with NOAA, Office of Legislative and Intergovernmental Affairs, January 19, 2021.
Congressional Research Service

18

Climate Change Adaptation: Department of Commerce

science and climate-related events, ... to provide climate-related support to the
private sector and the Nation’s economy, and to serve people making climate-
related decisions with tools and resources that help them answer specific
questions,” among other goals.70 Another is the U.S. Climate Resilience Toolkit,
“designed to help people find and use tools, information, and subject matter
expertise to build climate resilience.”71 Final y, in 2020, Congress enacted
legislation codifying NOAA’s Digital Coast program, a website that provides
datasets, tools, and training.72 Among other topics, the Digital Coast includes
resources about coastal adaptation strategies.73
In the late 2000s and early 2010s, NOAA proposed and deliberated an agency restructuring to
create a new line office, known as the Climate Service, from existing and expanded programs.74
The proposal was in response to recommendations from a congressional y mandated National
Academy of Public Administration study, among other findings.75 The proposed mission of the
Climate Service line office was to
improve understanding and prediction of changes in climate and inform a climate-resilient
society by:
Monitoring climate trends, conducting research, and developing models to strengthen
our knowledge of the changing climate and its impacts on our physical, economic, and
societal systems;
Providing authoritative and timely information products and services about climate
change, climate variability, and impacts; and
Informing decision-making and management at the local, state, regional, national, and
international levels.76
The proposal was controversial for several years. Some stakeholders argued the Climate Service
would duplicate “the historic and current mission, programs, and services of the National Weather
Service.”77 Others proposed that a national climate service take the form of a federal interagency
partnership or other format.78 Congress did not approve the creation of the service at NOAA for

70 NOAA, “About NOAA Climate.gov,” at https://climate.gov/about.
71 NOAA, “About,” at https://toolkit.climate.gov/content/about.
72 16 U.S.C. §1467.
73 NOAA, Office of Coastal Management Digital Coast, “Adaptation Strategies,” at https://coast.noaa.gov/digitalcoast/
topics/climate-adaptation.html.
74 NOAA, Budget Estimates Fiscal Year 2012, Congressional Submission , 2011, p. xviii, at https://www.noaa.gov/
sites/default/files/atoms/files/NOAAFY12_PB.pdf. Hereinafter NOAA, FY2012 Budget Estim ate. For more
information about the studies, see Michael P. Jackson, et al., Building Strong for Tom orrow: NOAA Clim ate Service,
National Academy of Public Administration, September 13, 2010, at https://www.napawash.org/uploads/
Academy_Studies/NAPA-Final-Report_NOAA-Climate-Service-Study_September-20101.pdf.
75 NOAA, FY2012 Budget Estimate, pp. xviii-xx.
76 NOAA, FY2012 Budget Estimate, p. xx.
77 Sara Goodman, “National Climate Service Proposal Sparks Intra-agency Debate,” May 5, 2009, at
https://www.eenews.net/eenewspm/stories/77571.
78 E.L. Miles, et al., “An Approach to Designing a National Climate Service,” Proceedings of the National Academy of
Sciences, vol. 103, no. 52 (October 2006), pp. 19616-19623; and National Research Council, Restructuring Federal
Clim ate Research to Meet the Challenges of Clim ate Change, 2009, p. 116, at https://www.nap.edu/catalog/12595/
restructuring-federal-climate-research-to-meet-the-challenges-of-climate-change.
Congressional Research Service

19

link to page 6 Climate Change Adaptation: Department of Commerce

FY2012.79 In recent years, some stakeholders have voiced renewed support for a NOAA-led or
other federal agency climate service.80
In addition to authorizing activities, in recent years, Congress has directed NOAA to support or
implement climate change adaptation activities through explanatory language accompanying
appropriations legislation. For example, under S.Rept. 116-127, a report referred to in the
explanatory statement accompanying the FY2020 appropriations bil (P.L. 116-93), Congress
directed NOAA to consider proposals to the National Oceans and Coastal Security Fund that,
among other priorities, would “bolster coastal infrastructure and resilience” and would support
research projects that “enhance the coastal resilience of remote communities at most risk to
natural disasters and chronic events.”81 Congress instructed NOAA to further focus on coastal
resilience in other parts of the explanatory statement, as wel .
Executive Branch Guidance
A range of executive branch documents, including executive orders, DOC organization orders,
DOC strategic plans and priorities, NOAA administrative orders, and NOAA strategic plans,
guide NOAA’s climate change adaptation activities, in addition to the agency’s statutory
authorities.
Executive Orders
The Secretary of Commerce has delegated several climate change adaptation-related provisions
within executive orders to NOAA officials and programs.82 In addition, some executive orders
directly reference NOAA. For instance, E.O. 13653 created the Council on Climate Preparedness
and Resilience and identified NOAA, among other agencies, to “complete an inventory and
assessment of proposed and completed changes to their land- and water-related policies,
programs, and regulations necessary to make the Nation’s watersheds, natural resources, and
ecosystems, and the communities and economies that depend on them, more resilient in the face

79 U.S. Congress, House Committee on Appropriations, Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Programs for the Fiscal Year Ending September 30, 2012, and for Other
Purposes, conference report to accompany H.R. 2112, 112th Cong., 1st sess., November 11, 2011, H.Rept. 112-284, p.
218.
80 Monica Medina, “We Need to Expand the National Weather to Provide More Climate Services,” Our Daily Planet,
November 15, 2019, at https://www.ourdailyplanet.com/story/the-u-s-needs-to-expand-the-national-weather-service-to-
provide-more-climate-services/; and testimony of the Honorable Alice C. Hill, Senior Fellow for Climate Change
Policy, Council on Foreign Relations, in U.S. Congress, House Select Committee on Climate Crisis, Creating a
Clim ate Resilient Am erica: Reducing Risks and Costs, 116th Cong., 1st sess., November 20, 2019, Serial No. 116 -15
(Washington: GPO, 2020), p. 14.
81 U.S. Congress, Senate Committee on Appropriations, Departments of Commerce and Justice, Science, and Related
Agencies Appropriations Bill, 202, report to accompany S. 2584, 116th Cong., 1st sess., September 26, 2019, S.Rept.
116-127, pp. 33 and 47.
82 See the section entitled “ Departmental Climate Change Adaptation Activities” for more information on those
delegated responsibilities.
Congressional Research Service

20

link to page 8 Climate Change Adaptation: Department of Commerce

of a changing climate.”83 In March 2017, E.O. 13783 revoked E.O. 13653. In January 2021, E.O.
13990 revoked E.O. 13783, effectively reinstating E.O. 13653.84
E.O. 13677, “Climate-Resilient International Development,” directed multiple agencies,
including NOAA, to carry out several climate change adaptation activities. 85 The executive order
directed agencies (1) to work together to “identify and develop, as appropriate, data, decision-
support tools and information to al ow the screening for and incorporation of considerations of
climate-change risks and vulnerabilities” in agency documents and funding decisions; (2) to
coordinate efforts to “deliver information on climate-change impacts and make data, tools, and
information available to decisionmakers in other countries”; and (3) to participate in the Working
Group on Climate-Resilient International Development of the Council on Climate Preparedness
and Resilience. The Council on Climate Preparedness and Resilience was discontinued when
E.O. 13783 revoked E.O. 13653 in March 2017. In January 2021, E.O. 13990 revoked E.O.
13783, effectively reinstating the council. It is unclear if the council and working group wil be
reconstituted in the same forms as in the past. Other parts of E.O. 13677 remain in force.
In January 2021, E.O. 14008 directed the NOAA Administrator, among and in coordination with
other agency heads, to report to the newly formed National Climate Task Force on “ways to
expand and improve climate forecast capabilities and information products for the public ” to
assist nonfederal entities in preparing for and adapting to the impacts of climate change.86
Another section of the executive order required the NOAA Administrator to collect input from
fisheries stakeholders on “how to make fisheries and protected resources more resilient to climate
change.”
DOC Organization Orders
In addition to DOC departmental administrative orders, described above, DOC issues
departmental organization orders (DOOs) on the structure and functions of DOC. Two DOOs
provide information on NOAA’s climate change adaptation-related responsibilities. DOO 10-15,
which “prescribes the scope of authority and functions of the position of Under Secretary of
Commerce for Oceans and Atmosphere and Administrator” of NOAA,87 lists the Under
Secretary’s responsibilities as assigned by law, including the functions related to an “assessment
of global climate change on water resources.”88
DOO 25-5 “prescribes the organization, management structure, and assignment of functions”
within NOAA.89 Among other responsibilities, DOO 25-5 directs

83 E.O. 13653, p. 66820. T he resulting assessment laid out strategies and priority actions each agency planned to take,
such as fostering “ climate-resilient” lands and waters and enhancing “ community preparedness and resilience by
utilizing and sustaining natural resources” (Council on Climate Preparedness and Resilience Climate and Natural
Resources Working Group, Enhancing the Clim ate Resilience of Am erica’s Natural Resources, October 2014, at
https://obamawhitehouse.archives.gov/sites/default/files/docs/
enhancing_climate_resilience_of_americas_natural_resources.pdf ).
84 For more information on the executive orders, see Table 2.
85 E.O. 13677, “ Climate-Resilient International Development,” 79 Federal Register 58229, September 26, 2014.
Hereinafter E.O. 13677.
86 E.O. 14008, “T ackling the Climate Crisis at Home and Abroad,” 86 Federal Register 7619, January 27, 2021.
87 DOC Office of Privacy and Open Government, Departmental Organization Order (DOO) 10 -15, Section 1.01,
effective December 12, 2012, at https://www.osec.doc.gov/opog/dmp/doos/doo10_15.html. Hereinafter DOO 10-15.
88 DOO, 10-15 Section 3.04.j.
89 DOC Office of Privacy and Open Government, DOO 25 -5, effective May 4, 2015, at https://www.osec.doc.gov/
Congressional Research Service

21

link to page 13 Climate Change Adaptation: Department of Commerce

 the Climate Program Office to “represent NOAA in interactions with the
international scientific community in the implementation of climate variability
and change research.”90
 the National Climatic Data Center, now a part of the National Centers for
Environmental Information (NCEI), to “collect, document, and make accessible
key terrestrial and oceanic paleoclimatic variables required to understand natural
climate variability and change” and to “transform sensor data records into
climate data records and climate information records for analysis of climate
changes and variations.”91
 the National Oceanographic Data Center, also now a part of NCEI, to “maintain
global and national data bases for analysis of long-term ocean climate trends for
monitoring global change.”92
The order does not use the term adaptation or other related terms, though the functions described
in the DOO may support adaptation activities. DOO 25-5 notes that other line offices and
programs are required to support climate-related activities (i.e., to provide research and
operational climate products and services), as wel .
DOC Strategic Plan and Priority Goals
As noted in the section entitled “DOC Departmental Guidance,” the 2018-2022 DOC strategic
plan does not include goals and objectives specific to climate change adaptation, although some
activities may be related to climate change and climate change adaptation.93 For example, one of
the plan’s objectives is for NOAA to help “reduce extreme weather impacts.” The plan does not
use the terms climate change, adaptation, or similar terms.94 Previous strategic plans have
incorporated explicit climate change adaptation goals and objectives for NOAA.95
Congress has also directed federal agencies to develop priority goals to improve the performance
and management of the federal government.96 NOAA did not use the terms climate change,
adaptation, or similar terms in its 2018-2019 and 2020-2021 agency priority goal to “mitigate

opog/dmp/doos/doo25_5.html. Hereinafter DOO 25-5.
90 DOO 25-5, Section 8.04.c. For more information about the Climate Program Office, see https://cpo.noaa.gov/Who-
We-Are/About -CPO.
91 DOO 25-5, Section 8.06.g and o. For more information about the National Centers for Environmental Information,
see https://www.ncdc.noaa.gov/.
92 DOO 25-5, Section 8.07.f.
93 DOC, Strategic Plan 2018-2022, 2018.
94 DOC, Strategic Plan 2018-2022, 2018, p. 20.
95 For example, the DOC FY2014-FY2018 strategic plan included strategic objectives directing NOAA to lead on
climate change adaptation activities, such as (1) advancing the understanding and prediction of changes in the
environment through the deployment of new satellites and observation and data gathering systems; advancing
ecosystem research, and developing new environmental modeling systems; (2) strengthening the resiliency of
communities and regions through building partnerships to produce and deliver climate, extreme event, and
environmental information and services and helping communities and regions leverage assets to build capacity for
resilience, among other strategies (with the Economic Development Administration); and (3) enabling U.S. busin esses
to adapt and prosper by developing environmental- and climate-informed solutions through engaging target business
sectors to integrate natural capital values in their business models, among other strategies (with the Economics and
Statistics Administ ration) (DOC, Strategic Plan FY2014-FY2018, 2015, pp. 23-27).
96 31 U.S.C. §1120.
Congressional Research Service

22

link to page 13 Climate Change Adaptation: Department of Commerce

flood impacts by demonstrating decision support services to emergency managers,” goal action
plans, and progress updates. 97
NOAA Administrative Orders
NOAA administrative orders (NAOs) provide guidance on program matters and administrative
policies and procedures;98 several NAOs are related to climate change and climate change
adaptation. For example, NAO 216-17, “NOAA National Habitat Policy,” states that “NOAA has
a responsibility ... to ensure the Nation has a strong foundation and network of healthy habitats
that are important for achieving NOAA’s outcomes to increase resilient coastal communities, in
which life and property are protected from the impacts of hazards and a changing climate,”
among other outcomes.99 Further, NAO 216-17 directs NOAA to seek to protect, maintain, and
restore ocean, coastal, and Great Lakes ecosystems based on their habitat-related missions and
mandates by applying “natural and nature-based infrastructure .. to adapt to long-term climate
change,” among other activities.100
NOAA Strategic Plan
NOAA’s most recent strategic plan was released in December 2010.101 According to the agency,
NOAA currently operates under the DOC strategic plan rather than the 2010 NOAA strategic
plan, although “NOAA may refer to [NOAA’s strategic plan] for some uses.”102 As noted in the
section entitled “DOC Departmental Guidance,” the 2018-2022 DOC strategic plan does not
address climate change or adaptation.
The 2010 NOAA strategic plan detailed four long-term goals. One goal, “climate adaptation and
mitigation,” included the following objectives:
 “improved scientific understanding of the changing climate system and its
impacts”;
 “assessments of current and future states of the climate system that identify
potential impacts and inform science, service, and stewardship decisions”;
 “mitigation and adaptation choices supported by sustained, reliable, and timely
climate services”; and

97 Performance.gov, “Department of Commerce 2018-2019 Agency Priority Goals,” at https://www.performance.gov/
commerce/2018-2019-apg/; and Performance.gov, “ Department of Commerce,” at https://www.performance.gov/
commerce/APG_commerce_3.html.
98 NOAA, “NOAA Administrative Orders,” at https://www.noaa.gov/organization/administration/noaa-administrative-
orders.
99 NOAA, “NOAA National Habitat Policy,” NOAA Administrative Order (NAO) 216 -17, Section 1.01.c, last
reviewed April 8, 2019, at https://www.noaa.gov/organization/administration/nao-216-17-noaa-national-habitat-policy.
Hereinafter NAO 216-17.
100 NAO 216-17, Section 4.01.c, last reviewed by NOAA on April 8, 2019. Section 6 lists the statutory mandates and
authorities “that direct NOAA’s habitat conservation, scientific, and management work.” DOC, CCAS, 2014 and E.O.
13653 both are listed as references.
101 NOAA, NOAA’s Next-Generation Strategic Plan, December 2010, at https://www.performance.noaa.gov/wp-
content/uploads/NOAA_NGSP.pdf. Hereinafter NOAA, Strategic Plan, 2010.
102 Email correspondence with NOAA Office of Legislative Affairs, September 1 -2, 2020.
Congressional Research Service

23

Climate Change Adaptation: Department of Commerce

 “a climate-literate public that understands its vulnerabilities to a changing climate
and makes informed decisions.”103
Although the 2010 strategic plan goals were considered in the long term and based on potential
alternative scenarios for 2035, the objectives were considered the basis for NOAA’s planning,
management, and engagement over five years (2010-2014).104 Climate change and climate change
adaptation also are noted in the plan’s other goals, such as “healthy oceans” and “resilient coastal
communities and economies.”105
Economic Development Administration106
EDA’s mission is to “lead the federal economic development agenda by promoting innovation
and competitiveness, preparing American regions for growth and success in the worldwide
economy.”107
Statutory Authorities
Congress has explicitly directed EDA to support climate change adaptation activities in a few
instances. Under statute, some EDA grant programs require applicants to demonstrate that
prospective projects align with the region’s Comprehensive Economic Development Strategy
(CEDS) or equivalent strategy.108 EDA periodical y updates guidance for the development of the
CEDS, which are community-developed, long-term regional planning documents. In 2014, the
CCAS identified EDA as the lead agency to “factor resiliency (including resiliency to the effects
of climate change) into economic development investments.”109 The agency was directed to do so
by updating the Content Guidelines for the CEDS and by factoring resiliency into its grant-
making investment decisions.110 EDA updated the CEDS Content Guidelines, which now include
climate change as a consideration in regional economic development planning (e.g., as part of the
agency’s definition of economic resilience and when accounting for potential natural hazards).111
In the explanatory statement accompanying the FY2020 appropriations bil (P.L. 116-93),
Congress directed EDA to “encourage applicants to submit proposals [to the Public Works

103 NOAA, Strategic Plan, 2010, pp. 6-8.
104 NOAA, Strategic Plan, 2010, p. v, and NOAA, Scenarios for 2035: Long-Term Trends, Challenges, and
Uncertainties Facing NOAA, May 2009, at https://www.performance.noaa.gov/wp-content/uploads/Scenarios-5-28-
09.pdf.
105 NOAA, Strategic Plan, 2010, pp. 14-23. NOAA also periodically releases Annual Guidance Memoranda “to focus
the agency’s corporate attention on near-term execution challenges and a balanced implement ation of [NOAA’s]
strategy.” In the past, the agency has released annual memoranda with a focus on the next five fiscal years. T he most
recent memorandum, released in 2013 to cover FY2014 -2020, made several mentions of climate change and identified
the focus area to “ strengthen the production and delivery of climate information and services to inform the manage ment
of climate-related risks,” among other areas. NOAA, NOAA Annual Guidance Mem orandum, August 16, 2013, at
https://www.performance.noaa.gov/wp-content/uploads/FY14-20_AGM_Final_Signed_130816.pdf.
106 For more information about EDA, contact Julie Lawhorn, Analyst in Economic Development Policy.
107 EDA, “Overview,” at https://www.eda.gov/about/ and 42 U.S.C. 3121 et. seq.
108 EDA, “Comprehensive Economic Development Strategy - Overview,” at https://www.eda.gov/ceds/, and 42 U.S.C.
§3162.
109 DOC, CCAS, 2014, p. 11.
110 DOC, CCAS, 2014, p. 11.
111 EDA, Comprehensive Economic Development Strategy (CEDS) Content Guidelines: Recommendations for
Creating an Im pactful CEDS, February 2020, pp. 3, 12, and 18, at https://www.eda.gov/files/ceds/CEDS-Content -
Guidelines-full.pdf. Hereinafter EDA, CEDS Content Guidelines, 2020.
Congressional Research Service

24

link to page 13 link to page 13 link to page 13 link to page 13 Climate Change Adaptation: Department of Commerce

program] that are resilient to climate change or incorporate green infrastructure solutions.”112
Congress again encouraged EDA to “prioritize” these projects in the explanatory statement
accompanying the FY2021 appropriations bil (P.L. 116-260).113
EDA also has supported climate change adaptation through activities authorized by supplemental
appropriations bil s for disaster-recovery purposes. For instance, in 2019, Congress enacted the
Additional Supplemental Appropriations for Disaster Relief Act, 2019 (P.L. 116-20), which
provided EDA with funds for “necessary expenses related to flood mitigation, disaster relief,
long-term recovery, and restoration of infrastructure” in areas impacted by selected disasters.114 In
August 2019, EDA released a notice of funding opportunity (NOFO) designed to support post-
disaster, long-term economic recovery strategies with the supplemental appropriations. The
FY2019 disaster recovery NOFO noted that to be competitive, eligible applicants should “clearly
incorporate principles for enhancing the resilience... of the relevant community/region or
demonstrate the integration of resilience principles into the investment project itself.”115 In the
NOFO, EDA defined resilience as “the ability of a community or region to anticipate, withstand,
and bounce back from various disruptions to its economic base.”116 According to EDA, economic
disruptions, or shocks, manifest in various ways and include “impacts of climate change.”117
Executive Branch Guidance
Executive orders and DOC orders currently in force do not explicitly provide guidance to EDA
regarding climate change adaptation.118 In addition, the 2018-2022 DOC strategic plan does not
include EDA-specific goals and objectives related to climate change adaptation.119 Previous
strategic plans, however, included climate change adaptation-specific goals and objectives for
EDA.120

112 Explanatory statement submitted by Representative Nita Lowey, Chairwoman of the House Committee on
Appropriations regarding H.R. 1158, Consolidated Appropriations Act, 2020, Congressional Record, vol. 165, part 204
(December 17, 2019), H10961.
113 H.Rept. 116-455.
114 EDA, “EDA Funding for 2018 Natural Disasters and 2019 Floods and T ornados,” at https://www.eda.gov/disaster-
recovery/supplemental/2019/.
115 EDA, FY2019 EDA Disaster Supplemental Notice of Funding Opportunity (NOFO), p. 4, at https://www.grants.gov/
web/grants/view-opportunity.html?oppId=319126. Hereinafter EDA, FY2019 NOFO. T he NOFO states that, “ EDA
will regard applications that are substantively supported by such strategies as more competitive, while applications for
rebuilding damaged infrastructure that are not demonstrably supported by or otherwise related to a long-term plan for
economic growth and resilience will not be considered competitive.”
116 EDA, FY2019 NOFO, p. 6.
117 EDA, “Economic Resilience,” at https://www.eda.gov/ceds/content/economic-resilience.htm.
118 DOC, Strategic Plan 2018-2022, 2018 (for more information, see the section entitled, “ DOC Departmental
Guidance”) and DOC, Office of Privacy and Open Government, DOO 10 -4, effective June 16, 2011, at
https://www.osec.doc.gov/opog/dmp/doos/doo10_4.html; and DOC, Office of Privacy and Open Government, DOO
45-1, effective July 16, 2010, at https://www.osec.doc.gov/opog/dmp/doos/doo45_1.html.
119 DOC, Strategic Plan 2018-2022, 2018. For more information, see the section entitled, “ DOC Departmental
Guidance.”
120 For example, the FY2014-FY2018 DOC strategic plan included a strategic goal regarding helping communities and
businesses prepare for and prosper in a changing environment. One of the goal’s underlying objectives was to
strengthen the resiliency of communities and regions with EDA and NOAA “help[ing] communities and regions
leverage assets to build capacity for resilience.” T he plan directed DOC to provide tools, training, assistance, and grants
to communities and regions for climate change adaptation (DOC, Strategic Plan FY2014-FY2018, 2015, p. 25).
Congressional Research Service

25

Climate Change Adaptation: Department of Commerce

EDA does not have a strategic plan separate from the agency’s statement of investment priorities.
EDA refers to its five investment priorities as the framework for guiding its competitive grant
awards.121 One of the agency’s investment priority areas is recovery and resilience, which
includes “projects that assist with economic resilience (including business continuity and
preparedness) and long-term recovery from natural disasters and economic shocks to ensure U.S.
communities are global y competitive.” As noted above, EDA defines resilience in the context of
economic development.
International Trade Administration122
ITA’s mission is to “create prosperity by strengthening the international competitiveness of U.S.
industry, promoting trade and investment, and ensuring fair trade and compliance with trade laws
and agreements.”123 ITA provides export promotion services to U.S. companies, works to enforce
and ensure compliance with trade laws and agreements, administers trade remedies for unfair
trade practices, and provides analytical support for ongoing trade negotiations. Supported by U.S.
and foreign commercial service officers and industry analysts, ITA provides market research,
business connections, and other services to promote U.S. exports and attract foreign investment.
ITA serves as the primary liaison between U.S. industries and the federal government on trade
and investment promotion and provides analytical support for ongoing trade negotiations. In its
role promoting United States exports, ITA supports the Trade Promotion Coordination Committee
(TPCC), an interagency group chaired by the Secretary of Commerce.
Statutory Authorities
Within ITA’s broader mission to promote U.S. exports is statutory language specific to U.S.
exports of “environmental technologies.” In the Export Enhancement Act of 1992 (P.L. 102-429),
Congress established the interagency TPCC to coordinate and set priorities for federal agencies
involved in export promotion.124 Within the TPCC, Congress directed the President to establish
the Environmental Trade Promotion Working Group as a subcommittee to “address issues with
respect to the export promotion and export financing of [U.S.] environmental technologies,
goods, and services.”125 The Secretary of Commerce serves as chair of the TPCC and appoints a
senior DOC official to chair the environmental trade working group.126 ITA supports the TPCC’s
work within DOC. In 1994, Congress amended the Export Enhancement Act and directed the
Secretary of Commerce to establish an advisory committee, the Environmental Technologies
Trade Advisory Committee, composed of private sector environmental businesses, trade groups,
and other relevant parties, to advise and guide the working group.127

121 EDA, “Investment Priorities,” at https://www.eda.gov/about/investment-priorities/.
122 For more information about IT A, contact Keigh Hammond, Senior Research Librarian.
123 IT A, “About Us,” at https://www.trade.gov/about-us.
124 Title II of the Export Enhancement Act of 1992 (P.L. 102-429), which added Sections 2312 and 2313 to the
Omnibus T rade and Competitiveness Act of 1988 (P.L. 100-418), established the T rade Promotion Coordination
Committee (T PCC). (15 U.S.C. §4727).
125 P.L. 102-429; 15 U.S.C. §4728. T he membership of the working group comprise the departments and agencies
represented on the T PCC and a representative from the Environmental Protection A gency.
126 15 U.S.C. §4728(b)(3).
127 T itle IV of P.L. 103-393. 15 U.S.C. §4728(c). For more information about the advisory committee, see Export.gov,
“Environmental T echnologies T rade Advisory Committee,” at https://www.export.gov/ettac.
Congressional Research Service

26

Climate Change Adaptation: Department of Commerce

The 2014 CCAS directed ITA to “help businesses capitalize on an increased demand for green
technologies sparked by a changing climate” by working with the Environmental Technologies
Trade Advisory Committee, among other groups, to
(1) accelerate interagency efforts to expand and improve the types of services and programs
supporting these industries, (2) enhance market access overseas and intellectual property
rights enforcement, (3) strengthen and tailor trade promotion efforts in these sectors, and
(4) develop export markets for U.S. companies by helping trade partners establish policies
and regulations that create optimal conditions for deployment of these technologies.128
The Export Enhancement Act of 1992, as amended, established the working group but did not
define environmental technologies. According to ITA, environmental technologies comprise four
major categories:
1. “Monitoring and assessment: technologies used to establish and monitor the
condition of the environment”
2. “Pollution avoidance: equipment and processes used to prevent or minimize the
generation of pollutants”
3. “Pollution control: technologies that render hazardous substances harmless
before they enter the environment”
4. “Remediation and restoration: technologies used to render hazardous substances
harmless”129
Recent ITA reports on the industry seem to suggest climate change adaptation tools or services
may be within the scope of environmental technologies.130
Congress directed the working group to “annual y assess which foreign countries have markets
with the greatest potential for the export of [U.S.] environmental technologies, goods, and
services.”131 The ITA’s 2019 Top Markets Report on Environmental Technologies notes climate
change and climate change adaptation several times, including in a “Climate Adaptation” section,
which states that “climate concerns are leading to a paradigm shift in the configuration of water
infrastructure and in how water is managed.”132
Congress further directed the Secretary of Commerce to assign specialists to provide “export
promotion assistance to [U.S.] environmental businesses.”133 ITA specialists, including
environmental technologies specialists, use their “global presence and international marketing
expertise to help U.S. companies sel their products and services worldwide.”134 For example, in

128 DOC, CCAS, 2014, p. 14.
129 Export.gov, “Environmental T echnologies Industries,” at http://web.ita.doc.gov/ete/eteinfo.nsf/
068f3801d047f26e85256883006ffa54/4878b7e2fc08ac6d85256883006c452c?OpenDocument.
130 For example, see IT A, 2019 Top Markets Report Environmental Technologies: A Market Assessment Tool for U.S.
Exporters, April 2020, p. 6, at https://www.trade.gov/sites/default/files/2020-05/
2019%20Environmental%20Technologies%20T op%20Markets%20Report.pdf ; and Export.gov, “Mexico Country
Commercial Guide: J. Environmental Technologies,” last published October 17, 2019, at https://www.export.gov/apex/
article2?id=Mexico-Environmental-Technologies-and-Water.
131 P.L. 103-392; 15 U.S.C. §4728.
132 IT A, 2019 Top Markets Report Environmental Technologies: A Market Assessment Tool for U.S. Exporters, April
2020, p. 6, at https://www.trade.gov/sites/default/files/2020-05/
2019%20Environmental%20Technologies%20T op%20Markets%20Report.pdf .
133 P.L. 103-392; 15 U.S.C. §4728.
134 Export.gov, “Mexico Country Commercial Guide: J. Environmental T echnologies,” last published October 17,
2019, at https://www.export.gov/apex/article2?id=Mexico-Environmental-Technologies-and-Water.
Congressional Research Service

27

Climate Change Adaptation: Department of Commerce

ITA’s most recent “Mexico Country Commercial Guide,” specialists state that “the environmental
technologies and water markets in Mexico are poised for growth over the next few years because
of Mexico’s commitment to addressing climate change,” among other factors.135
Executive Branch Guidance
The executive branch’s current guidance (i.e., executive orders or the 2018-2022 DOC strategic
plan) does not explicitly address ITA’s responsibilities related to climate change adaptation.136
Previous strategic plans, however, incorporated climate change adaptation-specific goals and
objectives for ITA.137
National Institute of Standards and Technology138
NIST’s mission is to “promote U.S. innovation and industrial competitiveness by advancing
measurement science, standards, and technology in ways that enhance economic security and
improve our quality of life.”139 NIST accomplishes its mission through laboratory programs and
support of extramural programs.
Statutory Authorities
NIST carries out the majority of its climate change adaptation activities under authorities not
directly related to climate change adaptation. NIST identified several statutory authorities and
activities in support of the 2014 CCAS priority adaptation actions.140 The 2014 CCAS identified
NIST as the lead agency to “develop performance-based standards and tools for new and retrofit
building designs resistant to extremes of wind, storm surge, and fire that prevent or mitigate
collapse.”141 For example,
 Congress authorized NIST to deploy teams “after events causing the failure of a
building or buildings that has resulted in substantial loss of life or that posed
significant potential for substantial loss of life.”142 After Hurricane Maria in
2017, NIST established a National Construction Safety Team to study the
hurricane’s effects on Puerto Rico.143
 Congress established a Fire Research Center at DOC to perform and support
research on “al aspects of fire with the aim of providing scientific and technical

135 Export.gov, “Mexico Country Commercial Guide: J. Environmental T echnologies,” last published October 17,
2019, at https://www.export.gov/apex/article2?id=Mexico-Environmental-Technologies-and-Water.
136 DOC, Strategic Plan 2018-2022, 2018.
137 For example, the FY2014-FY2018 DOC strategic plan included a strategic goal regarding helping communities and
businesses prepare for and prosper in a changing environment. One of the goal’s underlying objectives was to enable
U.S. businesses to adapt and prosper by developing environmental and climate informed solutions, with IT A directed to
boost exports of environmental and clean energy technologies (DOC, Strategic Plan FY2014-FY2018, 2015, p. 27).
138 For more information about NIST , contact John Sargent, Specialist in Science and T echnology Policy.
139 NIST , “NIST Mission, Vision, Core Competencies, and Core Values,” at https://www.nist.gov/about-nist/our-
organization/mission-vision-values.
140 Email correspondence with NIST , Office of Congressional and Legislative Affairs, April 27, 2020.
141 DOC, CCAS, 2014, p. 17.
142 15 U.S.C. §7301.
143 NIST , “Disaster & Failure Studies: News and Updates,” at https://www.nist.gov/topics/disaster-failure-studies/
hurricane-maria/news-and-updates.
Congressional Research Service

28

Climate Change Adaptation: Department of Commerce

knowledge applicable to the prevention and control of fires.”144 The Secretary of
Commerce delegated these activities to NIST, and the agency is conducting
wildland-urban interface fire research, including technical studies of specific
fires, to reduce the impact of wildfires on U.S. communities.145
 Congress directed NIST to coordinate the National Windstorm Impact Reduction
Program.146 In 2018, the program released a strategic plan for windstorm loss
reduction, which noted that some causes of windstorm losses “relate to climate
system variability and change,” among other factors.147
In addition, NIST has “been advancing science and developing tools for stakeholders” and has
established a Community Resilience Center of Excel ence.148 According to NIST, the center has
developed a “tool to support quantitative modeling of options to make communities more
resilient” and continues to study the recovery of Lumberton, NC, after flooding resulting from
Hurricane Matthew in 2016 and Hurricane Florence in 2018.149
In March 2019, GAO recommended that DOC, through NIST, “convene federal agencies to
provide the best available forward-looking climate information to standards developing
organizations” for their consideration in the development of design standards, building codes, and
voluntary certifications.150 More recently, H.Rept. 116-455, accompanying the FY2021
appropriations bil , directed NIST, in collaboration with other federal agencies and nonfederal
entities, to
identify a consistent and authoritative set of climate information that emphasizes forward-
looking climate data and projection that should be utilized in the standard -setting process.
This effort shall serve to aid both Federal and non-Federal bodies to develop standards,

144 15 U.S.C. §278f.
145 NIST , “Wildland-Urban Interface (WUI) Fire Data Collection on Parcel Vulnerabilities,” at https://www.nist.gov/
programs-projects/wildland-urban-interface-wui-fire-data-collection-parcel-vulnerabilities and NIST , “ Fire Risk
Reduction in Communities Program,” at https://www.nist.gov/programs-projects/fire-risk-reduction-communities-
program.
146 42 U.S.C. §15703.
147 Federal Emergency Management Agency, NIST , NOAA, and National Science Foundation, Strategic Plan for the
National Windstorm Im pact Reduction Program , September 2018, p. 7, at https://www.nist.gov/system/files/
documents/2018/09/24/nwirp_strategic_plan.pdf.
148 Email correspondence with NIST , Office of Congressional and Legislative Affairs, April 27, 2020 (hereinafter NIST
correspondence, April 27, 2020); and NIST , “ Community Resilience Center of Excellence,” at https://www.nist.gov/
coe/community-resilience-center-excellence.
149 NIST correspondence, April 27, 2020. T he NIST Office of Congressional and Legislative Affairs did not define the
term resilient. T he tool is known as the Interdependent Networked Community Resilience Modeling Environment (IN -
CORE; Center for Risk-Based Community Resilience Planning, “ IN-CORE,” at http://resilience.colostate.edu/
in_core.shtml; NIST , Com m unity Resilience-Focused Technical Investigation of the 2016 Lum berton, North Carolina
Flood, Multi-Disciplinary Approach, October 2018, NIST Special Publication 1230, at https://nvlpubs.nist.gov/
nistpubs/SpecialPublications/NIST .SP.1230.pdf; and NIST , “ HurriCon2020: Science at the Intersection of Hurricanes
and the Populated Coasts,” March 11, 2020, at https://www.nist.gov/news-events/news/2020/03/hurricon-2020-science-
intersection-hurricanes-and-populated-coast).
150 GAO, High-Risk Series: Substantial Efforts Needed to Achieve Greater Progress on High -Risk Areas, GAO-19-
157SP, March 2019, p. 117, at https://www.gao.gov/products/GAO-19-157sp (hereinafter GAO-19-157SP, 2019); and
GAO, Clim ate Change: Im proved Federal Coordination Could Facilitate Use of Forward -Looking Clim ate
Inform ation in Design Standards, Building Codes, and Certifications, GAO-17-3, November 2016, p. 31, at
https://www.gao.gov/assets/690/681300.pdf (hereinafter GAO-17-3, 2016). Standards-developing organizations are
nonfederal entities, and serve as the “ primary source of the standards, codes, and certifications that federal, state, local,
and private-sector infrastructure planners follow” (GAO-17-3, 2016, p. 5).
Congressional Research Service

29

link to page 13 link to page 13 Climate Change Adaptation: Department of Commerce

building codes, and voluntary standards that take into account increasingly extreme
weather events and other climate change challenges.151
According to NIST, the FY2021 directive is “inconsistent with NIST’s non-regulatory, non-
oversight role in the voluntary consensus standards development process.”152 However, at the
request of some Members of Congress, in January 2021, NIST convened federal and nonfederal
stakeholders for a one day workshop to discuss forward-looking climate information for potential
use by the standards community.153 NIST plans to continue, with NOAA, “to collaborate with
other appropriate federal agencies and interested nonfederal parties through the U.S. Global
Change Research Program and the Mitigation Framework Leadership Group.”154
Executive Branch Guidance
The executive branch has not explicitly directed NIST to carry out climate change adaptation
through current executive or DOC orders. In addition, the 2018-2022 DOC strategic plan does not
include goals and objectives for NIST related to climate change adaptation.155 Previous strategic
plans, however, incorporated climate change adaptation specific goals and objectives for NIST.156
The agency’s most recent programmatic plan highlighted NIST’s work in community resilience
from 2017 to 2019 and described the agency’s Community Resilience Center of Excel ence and
Community Resilience Planning Guide for Buildings and Infrastructure Systems.157 The guide
was developed as a “component of the President’s Climate Action Plan” and “offers a process for
communities to incorporate short- and long-term measures to enhance resilience,” including
adapting to sea-level rise and “anticipated long-term changes in hazards due to climate
change.”158 According to NIST, the agency has worked with several communities to implement
the guidance.159

151 U.S. Congress, House Committee on Appropriations, Commerce, Justice, Science, and Related Agencies
Appropriations Bill, 2021, report together with minority views to accompany H.R. 7667, 116th Cong., 2nd sess., July 16,
2020, H.Rept. 116-455, p. 25.
152 Email correspondence with NIST Office of Congressional and Legislative Affairs, January 25, 2021. Hereinafter
NIST correspondence, January 25, 2021.
153 NIST correspondence, January 25, 2021. For more information about the workshop, see NIST , “Climate Science
and Building Codes Workshop,” at https://www.nist.gov/news-events/events/2021/01/climate-science-and-building-
codes-workshop.
154 NIST correspondence, January 25, 2021.
155 DOC, Strategic Plan 2018-2022, 2018. For more information, see the section entitled “ DOC Departmental
Guidance.”
156 For example, the FY2014-FY2018 DOC strategic plan identified several roles for NIST in ensuring communities
and businesses have the necessary information, pro ducts, and services to prepare for and prosper in a changing
environment. Under this goal, DOC noted NIST ’s role in (1) advancing the understanding and prediction of changes in
the environment through improving the understanding of greenhouse gas processes (with NOAA); (2) strengthening the
resiliency of communities and regions by leading the development of a Disaster Resilience Framework; and (3)
enabling U.S. businesses to adapt and prosper by leading the development of standards and tools to assess green
building technologies (DOC, Strategic Plan FY2014-FY2018, 2015, p. 22-28).
157 NIST , NIST Three Year Programmatic Plan 2017-2019, at https://www.nist.gov/system/files/documents/director/
planning/3_year_plan_2017-19_web_ready2.pdf.
158 NIST , Community Resilience Planning Guide for Buildings and Infrastructure Systems, Volume I, NIST Special
Publication 1190, May 2016, pp. 2 and 42, at https://nvlpubs.nist.gov/nistpubs/SpecialPublications/
NIST .SP.1190v1.pdf. T he President’s Climate Action Plan was revoked by E.O. 13783 in March 2017.
159 NIST correspondence, April 27, 2020.
Congressional Research Service

30

Climate Change Adaptation: Department of Commerce

U.S. Patent and Trademark Office160
The U.S. Constitution provides Congress the power “to promote the Progress of Science and
useful Arts, by securing for limited Times to ... Inventors the exclusive Right to their ...
Discoveries.”161 The USPTO is the federal agency that fulfil s this mandate. Specifical y, in
accordance with the Patent Act of 1952 (P.L. 82-593),162 an inventor may seek the grant of a
patent by preparing and submitting an application to USPTO. USPTO officials known as
examiners then determine whether the invention disclosed in the application merits the award of a
patent.163 According to USPTO, its mission is “to foster innovation, competitiveness and
economic growth, domestical y and abroad, by providing high quality and timely examination of
patent and trademark applications, guiding domestic and international intel ectual property (IP)
policy, and delivering IP information and education worldwide.”164
Congress authorized USPTO to establish regulations that govern the patent application process,
including regulations that “facilitate and expedite the processing of patent applications.”165 The
agency may fast-track patent review under its Patent Prosecution Highway and “Track One”
prioritized examination programs.166 The 2014 CCAS identified USPTO as the lead agency to
“improve the ability to process patent application filings for climate change adaptation-related
technologies in a timely manner.”167 As of the date of this report, the Patent Prosecution Highway
and “Track One” programs exist and can be used to fast-track patent review, however no special
consideration is given to climate change adaptation-related technologies. Additional y, the
executive branch has not explicitly directed USPTO to carry out climate change adaptation
activities through existing executive or DOC orders, or the DOC and UPSTO strategic plans or
other guidance.

160 For more information about the USPT O, contact Marcy Gallo, Analyst in Science and T echnology Policy.
161 U.S. Constitution, Article I, Section 8, Clause 8.
162 P.L. 82-593, 66 Stat. 792 (codified at T itle 35 of the United States Code).
163 35 U.S.C. §131.
164 DOC, “U.S. Patent and T rademark Office,” at https://www.commerce.gov/bureaus-and-offices/uspto.
165 35 U.S.C. §2.
166 USPT O, “Patent Prosecution Highway (PPH) – Fast T rack Examination of Applications,” at https://www.uspto.gov/
patents-getting-started/international-protection/patent -prosecution-highway-pph-fast-track; and USPT O, “ USPT O’s
Prioritized Patent Examination Program,” at https://www.uspto.gov/patent/initiatives/usptos-prioritized-patent-
examination-program. Patent examination for technologies also may be expedited under the Accelerated Examination
initiative without paying a fee. Under regulation, the Accelerated Examination initiative may expedite review if the
basis for the petition is “that the invention will materially: (i) Enhance the quality of the environment; (ii) Contribute to
the development or conservation of energy resources; or (iii) Con tribute to countering terrorism.” However the term
clim ate change adaptation is not specifically used in the regulation (USPT O, “ Accelerated Examination,” at
https://www.uspto.gov/patent/initiatives/accelerated-examination and 37 C.F.R. §1.102).
167 DOC, CCAS, 2014, p. 14. USPT O has created a subclass to classify these types of technologies, defined by the
agency as “technologies that allow adapting to the adverse effects of climate change in human, industrial (including
agriculture and livestock), and economic activities.” USPT O, “Cooperative Patent Classification Subclass Y02A,
T echnologies for Adaptation to Climate Change,” at https://www.uspto.gov/web/patents/classification/cpc/html/cpc-
Y02A.html.
Congressional Research Service

31

link to page 13 link to page 13 Climate Change Adaptation: Department of Commerce

Other DOC Agencies
DOC includes additional agencies that were not directed to complete specific actions in the 2014
CCAS, such as the Bureau of Economic Analysis,168 Bureau of Industry and Security,169 Census
Bureau,170 Minority Business Development Agency,171 National Technical Information Service,172
and National Telecommunications and Information Administration.173 According to the agency
guidance documents CRS reviewed, Congress and the executive branch have not explicitly
directed these agencies to carry out climate change adaptation activities.174 The 2018-2022 DOC
strategic plan does not include agency-specific goals and objectives related to climate change
adaptation for these agencies.175 Previous strategic plans, however, incorporated climate change
adaptation specific goals and objectives for some of these agencies (e.g., Bureau of Economic
Analysis and Census Bureau).176

168 For more information about the Bureau of Economic Analysis (BEA), contact Jennifer Williams, Specialist in
American National Government. BEA’s mission is to promote “a better understanding of the U.S. economy by
providing the most timely, relevant, and accurate economic accounts data in an objective and cost -effective manner”
(BEA, “Who We Are,” at https://www.bea.gov/about/who-we-are).
169 For more information about Bureau of Industry and Security (BIS), contact Ian Fergusson, specialist in International
T rade and Finance. BIS’s mission is to “advance U.S. national security, foreign policy, and economic objectives by
ensuring an effective export control and treaty compliance system and promoting continued U.S. strategic technology
leadership” (BIS, “About BIS,” at https://www.bis.doc.gov/index.php/about-bis).
170 For more information about the Census Bureau, contact Jennifer Williams, Specialist in American National
Government. T he Census Bureau’s mission is to “serve as the nation’s leading provider of quality data about its people
and economy” (Census Bureau, “What We Do,” at https://www.census.gov/about/what.html).
171 For more information about MBDA, contact Julie Lawhorn, Analyst in Economic Development Policy. MBDA’s
mission is “solely dedicated to the growth and global competitiveness of minority business enterprises” (MBDA, “Who
We Are,” at https://www.mbda.gov/who-we-are/overview).
172 For more information about the National T echnical Information Service (NT IS), cont act John Sargent, Specialist in
Science and T echnology Policy. NT IS’ role is to help “federal agencies make better decisions about data, with data”
(NT IS, “About Us,” at https://www.ntis.gov/about/about-us.html).
173 For more information about the National T elecommunications and Information Administration (NTIA), contact Jill
Gallagher, Analyst in T elecommunications Policy. NT IA is “principally responsible by law for advising the President
on telecommunications and information policy issues” (NT IA, “ About NT IA,” at https://www.ntia.doc.gov/about).
174 CRS could not locate a BIS, NT IA, or NT IS strategic plan or similar document. CRS did not locate recent MBD A
documents; the agency’s FY2009-FY2012 strategic plan was published in 2009, and the most recent annual
performance report covers FY2015 (MBDA, “Minority Business Development Agency: Guidance Documents,” at
https://www.mbda.gov/guidance; and MBDA, “ Performance,” at https://www.mbda.gov/page/performance); BEA,
Bureau of Econom ic Analysis Strategic Plan , October 2016, at https://www.bea.gov/sites/default/files/2017-11/
2016%20BEA%20Strategic%20Plan.pdf; BIS, “ Mission Statement,” at https://www.bis.doc.gov/index.php/about -bis/
mission-statement ; BIS, Annual Report to the Congress for Fiscal Year 2019 , at https://www.bis.doc.gov/index.php/
documents/pdfs/2540-bis-annual-report -2019/file; and Census Bureau, Strategic Plan – Fiscal Year 2018 Through
Fiscal Year 2022, June 2018, at https://www.census.gov/content/dam/Census/about/about-the-bureau/PlansAndBudget/
strategicplan18-22.pdf.
175 DOC, Strategic Plan 2018-2022, 2018. For more information, see the section entitled “ DOC Departmental
Guidance.”
176 For example, the FY2014-FY2018 DOC strategic plan noted roles for ESA, comprised of BEA and the Census
Bureau. Under the goal of helping communities and businesses prepare for and prosper in a changing environment,
DOC stated that ESA’s role was to strengthen the resiliency of communities and regions by enhancing coastal
intelligence, such as environmental monitoring and socioecon omic data and tools (with NOAA), and to enable U.S.
businesses to adapt and prosper by developing environmental and climate informed solutions by engaging targeted
business sectors to integrate natural capital values into their business models (with NOAA) (DOC, Strategic Plan
FY2014-FY2018, 2015, p. 23-27).
Congressional Research Service

32

Climate Change Adaptation: Department of Commerce

DOC Climate Change Adaptation Spending
Few assessments of federal agency spending on climate change, including climate change
adaptation activities, exist. For example, in 2018, GAO attempted to estimate total federal agency
spending on climate change activities between FY2010 and FY2017 using Office of Management
and Budget (OMB) reports to Congress.177 GAO did not consider OMB’s reports to be
comprehensive, noting that “several agency budget justifications [GAO] reviewed provided
information on climate change activities under multi-purpose programs that were not identifiable
within OMB’s funding reports.”178 An agency-by-agency comprehensive reporting of potential
climate change adaptation spending is beyond the scope of this report, and CRS did not identify
other reports on climate change adaptation spending at DOC.179
DOC agencies carry out a range of climate change adaptation activities, including providing
financial assistance to nonfederal entities for adaptation related activities. A comprehensive
review of previously and currently available DOC funding opportunities is outside the scope of
this report. However, a search of Beta.sam.gov, which includes a government-wide catalog of
federal programs, projects, services and activities, for active and inactive assistance listings from
DOC that included the term climate change since 2010 resulted in 9 results, al administered by
NOAA.180 CRS completed a similar search on Grants.gov, a centralized location for grant seekers
to find and apply for federal funding opportunities. A search for the term climate change among
DOC posts resulted in 269 opportunities since 2010, mostly administered by NOAA, with a
smal er portion of opportunities administered by EDA or NIST.181 Additional assistance listings
and opportunities related to the terms climate, adaptation, resilience, or similar terms, without the
term climate change, are not included in these results.
Issues for Congress
Climate change likely wil continue to affect aspects of DOC agencies’ mission areas and
programs. Executive orders issued in January 2021 by the Biden Administration contain new
directives and reinstate former executive order mandates specific to DOC and NOAA, as wel as

177 GAO, Climate Change: Analysis of Reported Federal Funding , GAO-18-223, April 2018, at https://www.gao.gov/
assets/700/691572.pdf (hereinafter GAO-18-223). The report primarily focused on selected activities, including clean
energy technology, science, and international assistance, with some activities related to climate change adaptation but
not always explicitly stated as such. According to the report, the Office of Management an d Budget-reported annual
climate change funding across all categories increased from $8.8 billion in FY2010 to $13.2 billion in FY2017.
178 GAO-18-223, p. 34.
179 Congressional Budget Office (CBO) cost estimates may provide additional information about climate change
adaptation spending in cases where the proposed legislation explicitly addresses climate change adaptation. For
instance, CBO estimated that implementing H.R. 2748 would cost $6 million over the 2020-2025 period, with spending
subject to the availability of appropriated funds (U.S. Congress, House Committee on Natural Resources, Safeguarding
America’s Future and Environment Act, report together with dissenting views to accompany H.R. 2748, 116th Cong.,
2nd sess., September 1, 2020, H.Rept. 116-481, pp. 11-12. Hereinafter H.Rept. 116-481).
180 CRS completed the search on March 25, 2021. Assistance listings included a broad agency announcement; climate
and atmospheric research; weather and air quality research; NOAA cooperative institutes; ocean exploration;
environmental sciences, applications, data, and education; special oceanic and atmospheric projects; the Office of
Coastal Management; and the Integrated Ocean Observing System. Search r esults reflect the accuracy of data available
in beta.sam.gov. As the assistance listings are current as of March 25, 2021, the results may not reflect any additional
or newly available opportunities after this date.
181 CRS completed the search on March 25, 2021. Search results reflect the accuracy of data available in grants.gov. As
the opportunities are current as of March 25, 2021, the results may not reflect any additional or newly available
opportunities after this date.
Congressional Research Service

33

Climate Change Adaptation: Department of Commerce

mandates common to other departments and agencies. In addition to considering whether to
codify or modify directives contained in these executive order, Congress may deliberate whether
to assess existing DOC climate change adaptation authorities, guidance, activities, and spending.
Members also may weigh whether to define climate change adaptation or related terms in statute;
require agency climate change adaptation strategies to supplement those mandated in executive
order provisions; and direct priorities for production, collection, and sharing types of adaptation
information. In addition, Congress may consider whether to alter financial assistance authorities
in support of adaptation. Congress also may deliberate DOC or agency appropriation levels
relative to benefits and priorities, as wel as authorities related to adaptation policy.
Existing Climate Change Adaptation Authorities, Guidance,
Activities, and Spending
As discussed, Congress and various Administrations have explicitly directed and provided
guidance to DOC and its agencies regarding aspects of climate change adaptation. Agencies also
may carry out climate change adaptation activities under broader authorities or may perform such
activities without explicitly describing the efforts as climate change adaptation.
Few evaluations of authorities, guidance, activities, and spending related to federal climate
change adaptation exist. For instance, as previously described, a 2018 GAO report found
limitations to compiled information on climate change spending. Congress may consider tasking
a federal or nonfederal entity with examining current and forthcoming DOC and DOC-agency
climate change adaptation authorities, guidance, activities, and related spending. Congress may
be interested in determining what authorities and activities exist, how activities are prioritized,
and how funds have been appropriated and spent.
Defining Climate Change Adaptation or Related Terms
Should Congress mandate an evaluation, it may choose to define climate change adaptation or
related terms, al ow the entity leading the evaluation to do so, or permit DOC and its agencies to
use their own definitions. A legislative definition may help to clarify Congress’s intent about the
character of adaptation. Such a definition also may help to standardize DOC’s responses and—if
applied across departments and agencies—to facilitate comparisons. Depending on the wording
of such a definition, however, the use of only one definition may not encompass new, potential y
relevant activities and otherwise may constrain agency flexibility.
Members of Congress introduced legislation in the 116th Congress regarding climate change
adaptation in regards to DOC and DOC agency activities, but did not define the term. Similarly,
several bil s contained the term resilience in regard to DOC and DOC agency activities, without
defining the term or mentioning the climate change as part of the definition. 182
Developing a Climate Change Adaptation Strategy
Exclusive of an assessment of existing climate change adaptation authorities and activities,
Congress may consider legislation that would codify or modify directives provided by
presidential orders and other actions. As discussed, a January 2021 Biden Administration
executive order requires new agency plans to “bolster adaptation and increase resilience” of

182 For example, H.R. 2189, H.R. 2405, H.R. 3091, H.R. 3919, H.R. 4093, H.R. 4347, H.R. 5685, H.R. 6738, and S.
910, among others in the 116th Congress.
Congressional Research Service

34

link to page 7 link to page 7 link to page 13 link to page 13 Climate Change Adaptation: Department of Commerce

agency facilities and operations to climate change impacts.183 Directives in these executive orders
also reinstate provisions requiring DOC to develop and implement plans to integrate climate
change into agency operations and overal mission objectives.184 These provisions may overlap in
their goals, and it is unclear how the agencies may interpret them. Different Administrations, and
the associated changes to executive office guidance, have demonstrated a lack of durability for
these types of requirements. Alternatively, some may argue that without legislative direction,
Administrations are free to exercise flexibility in their requirements.
In the 116th Congress, Members of Congress introduced several bil s that would have tasked the
Secretary of Commerce or NOAA Administrator, among others, to develop and implement
climate change adaptation strategies or strategies with climate change adaptation components.185
If similar legislation is proposed in the future, some Members may contend, as they have in the
past,186 that development of new adaptation strategies is duplicative or may argue that the effort is
too time-consuming and costly, especial y for agencies with smal roles in climate change
adaptation.
Congress also may consider whether to require DOC and its agencies to develop strategies to
provide financial assistance in support of climate change adaptation through existing statutory
authorities. Some stakeholders may argue that states and local governments should maintain the
ability to prioritize how best to use federal financial assistance. For example, proposed legislation
in the 116th Congress would have created a new grant program at NOAA for certain climate
change adaptation activities.187 Some Members stated that the proposed bil “stray[ed] from the
long-standing Congressional intent of providing eligible coastal States and territories the
flexibility to design programs that best address local chal enges by inserting federal priorities into
a State-run program.”188
Sharing Climate Change Adaptation Information
Multiple federal departments and agencies currently share climate change and climate change
adaptation information with a variety of federal and nonfederal stakeholders, as required under
broad and climate-specific statutory authorities. In addition to these authorities, the Biden
Administration’s reinstatement of E.O. 13653 requires DOC and some of its agencies to share
climate information in certain ways.189 GAO recommended designating a federal entity to lead
the development of authoritative climate observations and projections for use in federal and
nonfederal decisionmaking and creating a national climate information system with defined roles
for federal agencies and nonfederal entities with existing statutory authority.190 GAO did not

183 E.O. 14008.
184 E.O. 13653 required the development of department climate change adaptation strategies, such as the DOC, CCAS,
2014. For more information about E.O. 13653, see the section entitled “ Executive Orders and Other Presidential
Documents.” For more information about the DOC, CCAS, 2014 see the section entitled “ DOC Departmental
Guidance.”
185 For example, see H.R. 2748/S. 1482, H.R. 2795/S. 1499, H.R. 3923, and H.R. 5986/S. 4401 in the 116th Congress.
186 In the 116th Congress, several Members reiterated federal agency views that requirements in a proposed bill ( H.R.
2748) would have been “ duplicative of many on-going efforts related to adaptation strategies for fish, wildlife, and
plants,” and that the legislation “[was] not needed” (H.Rept. 116-481, p. 14).
187 H.R. 3115.
188 U.S. Congress, House Committee on Natural Resources, Report Together with Dissenting Views to Accompany H.R.
3115, 116th Cong., 1st sess., November 26, 2019, H.Rept. 116-316, p. 10.
189 E.O. 13653, p. 66821.
190 GAO-19-157SP, 2019, pp. 121-122.
Congressional Research Service

35

link to page 16 link to page 16 link to page 27 Climate Change Adaptation: Department of Commerce

specify which federal entity should take on the proposed role, but considered NOAA in its
report.191
Congress may consider addressing the types of information DOC and its agencies share and
determining the most appropriate way to do so. Among other options, Members may deliberate
whether to codify data-sharing requirements under E.O. 13653. In the 116th Congress, some
Members of Congress introduced legislation to authorize NOAA to establish a Climate Change
Education Program tasked with emphasizing actionable information to promote climate
adaptation, among other topics.192 Another bil would have required NOAA to identify and
support research that enables a “consistent, federal set of forward-looking long-term
meteorological information” and for NIST to make such information available for use by the
public and by the building codes and standards community, among other activities.193 Additional
considerations could include whether and how DOC agencies should coordinate their
information-sharing efforts with other federal and nonfederal entities. Some stakeholders may
argue that additional direction could improve the process by which decisionmakers find and use
climate change adaptation information.194 Others may contend, as they have in the past during
discussions about a proposed NOAA Climate Service, that several federal agencies have
authorities to provide information to federal and nonfederal entities through existing statutes and
agency missions.195
Financial Assistance Authorities to Support Climate Change
Adaptation
Some DOC agencies provide financial assistance to nonfederal entities for climate change
adaptation activities under broad and climate-specific statutory authorities. Congress may
consider whether to direct DOC and its agencies to change existing financial assistance program
criteria to direct funding toward certain types of climate change adaptation activities. In the 116th
Congress, through explanatory statements accompanying appropriations bil s, Congress directed
NOAA and EDA to add climate change adaptation activities to the list of eligible activities within
several existing financial assistance mechanisms.196 Some Members of Congress proposed other

191 GAO, Climate Information: A National System Could Help Federal, State, Local, and Private Sector Decision
Makers Use Clim ate Inform ation, GAO-16-37, November 2015, p. 47, at https://www.gao.gov/assets/680/673823.pdf.
192 According to NOAA, Congress authorized NOAA’s education programs through several laws. T he statutes noted do
not mention the term clim ate change adaptation or similar terms. NOAA, Education Strategic Plan 2015-2035, p. 5, at
https://www.noaa.gov/sites/default/files/atoms/files/
2015%20Strategic%20Plan%20Full%20T ext%20Web%20Final_0.pdf.
193 H.R. 5994 in the 116th Congress. According to NIST , the agency, at the request of the U.S. House of
Representatives’ Committee on Appropriations, convened “a one-day virtual workshop between stakeholders in the
building codes and standards community and stakeholders in the climate science community.” T he workshop’s goal
was to “discuss climate science data, models, and tools in the context of the planning needs of the building regulatory
community” (NIST , “Climate Science and Building Codes Workshop,” at https://www.nist.gov/news-events/events/
2021/01/climate-science-and-building-codes-workshop).
194 For example, see proposed activities from Ocean Conservancy, Action Agenda for a Blue-Green Future: U.S.
Federal Ocean-Clim ate Recom m endations for 2021, July 2020, at https://oceanconservancy.org/wp-content/uploads/
2020/07/Action-Agenda-for-a-Blue-Green-Future.pdf. Hereinafter Action Agenda for a Blue-Green Future, July 2020.
195 For more information about the proposed Climate Service, see the section on “ Statutory Authorities” in NOAA.
196 For information about language included in reports accompanying the FY2021 appropriations bill, see the sections
on “ Statutory Authorities” in NOAA and “ Statutory Authorities” in EDA.
Congressional Research Service

36

Climate Change Adaptation: Department of Commerce

changes to boost climate change adaptation activities through existing financial assistance
programs administered by NOAA, as wel .197
Congress also could consider the costs and benefits of providing DOC agencies with the authority
to create new financial assistance programs. In the 116th Congress, several Members of Congress
introduced bil s that would have authorized the Secretary of Commerce to create new financial
assistance programs at NOAA for nonfederal climate change adaptation research or project
implementation, among other topics.198 Some Members of Congress argued that Congress already
had provided the agency with the authority to support some of the proposed activities, stating that
the programs were “duplicative” or “fiscal y irresponsible.”199 In 2019, the Assistant Secretary of
Commerce for Oceans and Atmosphere noted that NOAA administered grant programs that met
the goals of the proposed bil s and added that a proposed loan fund program would be outside the
agency’s core mission area and would be “chal enging.”200 In another hearing, a Member of
Congress stated that the proposed bil under discussion would authorize “bil ions in new grants
and programs to distract from the economical y devastating policies being pushed.”201
Additional Considerations
Congress also may consider other actions related to climate change adaptation activities at DOC
and its agencies. For example, Congress could consider changes to appropriations amounts
devoted to implementing existing climate change adaptation activities, as advocated by some
stakeholders.202 Congress also may deliberate whether to change DOC or agency policies
regarding climate change adaptation unrelated to financial assistance. For instance, as some
Members proposed in the 116th Congress, Congress might review federal y managed species
requirements in relation to the potential impacts of climate change and subsequent management
options.203 Whether to continue to include climate change adaptation policy directives in

197 For example, see provisions in H.R. 8632 in the 116th Congress.
198 For example, H.R. 2, H.R. 1317, H.R. 1689, H.R. 3115/S. 1730, H.R. 3541, H.R. 3596, H.R. 4269/S. 2452, H.R.
5390/S. 2166, and H.R. 8632 in the 116th Congress.
199 U.S. Congress, House Committee on Natural Resources, Report Together with Dissenting Views to Accompany H.R.
3115, 116th Cong., 1st sess., November 26, 2019, H.Rept. 116-316, p. 10; U.S. Congress, House Committee on Natural
Resources, Report Together with Dissenting Views to Accom pany H.R. 3541 , 116th Cong., 1st sess., November 15,
2019, H.Rept. 116-294, p. 10; and U.S. Congress, House Committee on Natural Resources, Report Together with
Dissenting Views to Accom pany H.R. 3596 , 116th Cong., 1st sess., November 15, 2019, H.Rept. 116-295, p. 23.
200 Assistant Secretary of Commerce for Oceans and Atmosphere and Deputy NOAA Administrator Rear Admiral T im
Gallaudet, Hearing on Legislation Regarding Coastal Resilience, written testimony, July 25, 2019, at
https://naturalresources.house.gov/imo/media/doc/Gallaudet%20T estimony%20-
%20Sub%20on%20WOW%20Leg%20Hrg%2007.25.19.pdf .
201 U.S. Congress, House Committee on Natural Resources, Opening Statement by Ranking Member Rob Bishop,
legislative hearing on H.R. 8632, the Ocean-Based Climate Solutions Act, and H.R. 3548, H.R. 3919, H.R. 4093, H.R.
5390, H.R. 5589, H.R. 7387, H.R. 8253, H.R. 8627, 116th Cong., 2nd sess., November 17, 2020, at
https://www.congress.gov/116/meeting/house/111092/documents/HMT G-116-II00-MState-B001250-20201117.pdf.
202 For example, some stakeholders have called for increased appropriations for programs related to coastal restoration
and resilience programs and topics, such as NOAA’s National Oceans and Coastal Security Fund and the Coastal and
Estuarine Land Conservation Program; tribal climate change adaptation; and ocean acidification (Jean Flemma, Miriam
Goldstein, and Anne Merwin, “An Ocean and Climate Agenda for the New Administration,” Center for American
Progress, January 15, 2021, at https://www.americanprogress.org/issues/green/news/2021/01/15/494669/ocean-
climate-agenda-new-administration/ [hereinafter “ An Ocean and Climate Agenda,” January 2021]; and Action Agenda
for a Blue-Green Future, July 2020).
203 For example, see provisions in H.R. 8632 in the 116th Congress and proposed activities in “An Ocean and Climate
Agenda,” January 2021, and Action Agenda for a Blue-Green Future, July 2020.
Congressional Research Service

37

Climate Change Adaptation: Department of Commerce

appropriations bil s or accompanying explanatory statements and committee reports also may be a
part of legislative discussions. Whether and for how long an agency may implement these types
of provisions may depend on if the provision is in law versus in an accompanying congressional
report. Provisions may be further affected by their inclusion in an appropriations bil , as the
appropriations bil is presumed temporary unless it explicitly indicates futurity or is of “general
character bearing no relation to the object of the appropriation.”204

Author Information

Eva Lipiec, Coordinator

Analyst in Natural Resources Policy

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should n ot be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.

204 GAO, Principles of Federal Appropriations Law, Chapter 2: The Legal Framework, Fourth Edition , 2016, GAO-
16-464SP, p. 2-86.
Congressional Research Service
R46743 · VERSION 1 · NEW
38