[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 2342 Referred in Senate (RFS)]
2d Session
H. R. 2342
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 1 (legislative day, March 13), 2008
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
AN ACT
To direct the President to establish a National Integrated Coastal and
Ocean Observation System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ENHANCING CLIMATE CHANGE PREDICTIONS.
(a) Short Title.--This section may be cited as the ``National
Integrated Coastal and Ocean Observation Act of 2008''.
(b) Purposes.--The purposes of this section are the following:
(1) Establish a National Integrated Coastal and Ocean
Observation System comprised of Federal and non-Federal
components, coordinated at the national level by the National
Ocean Research Leadership Council and at the regional level by
a network of Regional Information Coordination Entities, that
includes in situ, remote, and other coastal and ocean
observations, technologies, and data management and
communication systems, to gather specific coastal and ocean
data variables and to ensure the timely dissemination and
availability of usable observation data--
(A) to support national defense, marine commerce,
energy production, scientific research, ecosystem-based
marine and coastal resource management, weather and
marine forecasting, public safety and public outreach
training and education; and
(B) to promote greater public awareness and
stewardship of the Nation's ocean, coastal, and Great
Lakes resources and the general public welfare.
(2) Improve the Nation's capability to measure, track,
explain, and predict events related directly and indirectly to
weather and climate change, natural climate variability, and
interactions between the oceanic and atmospheric environments,
including the Great Lakes.
(3) Authorize activities to promote basic and applied
research to develop, test, and deploy innovations and
improvements in coastal and ocean observation technologies,
modeling systems, and other scientific and technological
capabilities to improve our conceptual understanding of weather
and climate, ocean atmosphere dynamics, global climate change,
and physical, chemical, and biological dynamics of the ocean
and coastal and Great Lakes environments.
(c) Definitions.--In this section:
(1) Council.--The term ``Council'' means the National Ocean
Research Leadership Council referred to in section 7902 of
title 10, United States Code.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(3) Federal assets.--The term ``Federal assets'' means all
relevant nonclassified civilian coastal and ocean observations,
technologies, and related modeling, research, data management,
basic and applied technology research and development, and
public education and outreach programs, that are managed by
member agencies of the Council.
(4) Interagency working group.--The term ``Interagency
Working Group'' means the Interagency Working Group on Ocean
Observations as established by the U.S. Ocean Policy Committee
Subcommittee on Ocean Science and Technology pursuant to
Executive Order No. 13366 signed December 17, 2004.
(5) Non-federal assets.--The term ``non-Federal assets''
means all relevant coastal and ocean observations,
technologies, related basic and applied technology research and
development, and public education and outreach programs that
are integrated into the System and are managed through States,
regional organizations, universities, nongovernmental
organizations, or the private sector.
(6) Regional information coordination entities.--
(A) In general.--The term ``Regional Information
Coordination Entity'', subject to subparagraphs (B) and
(C), means an organizational body that is certified or
established by the lead Federal agency designated in
subsection (d)(3)(C)(iii) and coordinating State,
Federal, local, and private interests at a regional
level with the responsibility of engaging the private
and public sectors in designing, operating, and
improving regional coastal and ocean observing systems
in order to ensure the provision of data and
information that meet the needs of user groups from the
respective regions.
(B) Included associations.--Such term includes
Regional Associations as described by the System Plan.
(C) Limitation.--Nothing in this section shall be
construed to invalidate existing certifications,
contracts, or agreements between Regional Associations
and other elements of the System.
(7) System.--The term ``System'' means the National
Integrated Coastal and Ocean Observation System established
under subsection (d).
(8) System plan.--The term ``System Plan'' means the plan
contained in the document entitled ``Ocean.US Publication No.
9, The First Integrated Ocean Observing System (IOOS)
Development Plan''.
(d) National Integrated Coastal and Ocean Observing System.--
(1) Establishment.--The President, acting through the
Council, shall establish a National Integrated Coastal and
Ocean Observation System to fulfill the purposes set forth in
subsection (b) and the System plan and to fulfill the Nation's
international obligations to contribute to the global earth
observation system of systems and the global ocean observing
system.
(2) Support of purposes.--The head of each agency that is a
member of the Interagency Working Group shall support the
purposes of this section.
(3) Availability of data.--The head of each Federal agency
that has administrative jurisdiction over a Federal asset shall
make available data that are produced by that asset and that
are not otherwise restricted for integration, management, and
dissemination by the System.
(4) Enhancing administration and management.--The head of
each Federal agency that has administrative jurisdiction over a
Federal asset may take appropriate actions to enhance internal
agency administration and management to better support,
integrate, finance, and utilize observation data, products, and
services developed under this section to further its own agency
mission and responsibilities.
(5) Participation in regional information coordination
entity.--The head of each Federal agency that has
administrative jurisdiction over a Federal asset may
participate in regional information coordination entity
activities.
(6) Non-federal assets.--Non-Federal assets shall be
coordinated by the Interagency Working Group or by Regional
Information Coordination Entities.
(e) Policy Oversight, Administration, and Regional Coordination.--
(1) National ocean research leadership council.--The
National Ocean Research Leadership Council shall be responsible
for establishing broad coordination and long-term operations
plans, policies, protocols, and standards for the System
consistent with the policies, goals, and objectives contained
in the System Plan, and coordination of the System with other
earth observing activities.
(2) Interagency working group.--The Interagency Working
Group shall, with respect to the System, be responsible for--
(A) implementation of operations plans and policies
developed by the Council;
(B) development of and transmittal to Congress at
the time of submission of the President's annual budget
request an annual coordinated, comprehensive System
budget;
(C) identification of gaps in observation coverage
or needs for capital improvements of both Federal
assets and non-Federal assets;
(D) establishment of data management and
communication protocols and standards;
(E) establishment of required observation data
variables;
(F) development of certification standards for all
non-Federal assets or Regional Information Coordination
Entities to be eligible for integration into the
System;
(G) subject to the availability of appropriations,
establish through one or more participating Federal
agencies, in consultation with the System Advisory
Committee established under paragraph (5), a
competitive matching grant or other program to promote
research and development of innovative observation
technologies including testing and field trials; and
(H) periodically review and recommend to the
Council revisions to the System Plan.
(3) Lead federal agency.--The Administrator shall function
as the lead Federal agency for the System. The Administrator
may establish an Interagency Program Coordinating Office to
facilitate the Administrator's responsibilities as the lead
Federal agency for System oversight and management. The
Administrator shall--
(A) implement policies, protocols, and standards
established by the Council and delegated by the
Interagency Working Group;
(B) promulgate regulations to integrate the
participation of non-Federal assets into the System and
enter into and oversee contracts and agreements with
Regional Information Coordination Entities to effect
this purpose;
(C) implement a competitive funding process for the
purpose of assigning contracts and agreements to
Regional Information Coordination Entities;
(D) certify or establish Regional Information
Coordination Entities to coordinate State, Federal,
local, and private interests at a regional level with
the responsibility of engaging private and public
sectors in designing, operating, and improving regional
coastal and ocean observing systems in order to ensure
the provision of data and information that meet the
needs of user groups from the respective regions;
(E) formulate a process by which gaps in
observation coverage or needs for capital improvements
of Federal assets and non-Federal assets of the System
can be identified by the Regional Information
Coordination Entities, the Administrator, or other
members of the System and transmitted to the
Interagency Working Group;
(F) be responsible for the coordination, storage,
management, and dissemination of observation data
gathered through the System to all end-user
communities;
(G) implement a program of public education and
outreach to improve public awareness of global climate
change and effects on the ocean, coastal, and Great
Lakes environment; and
(H) report annually to the Council through the
Interagency Working Group on the accomplishments,
operational needs, and performance of the System to
achieve the purposes of this title and the System Plan.
(4) Regional information coordination entity.--To be
certified or established under paragraph (3)(D), a Regional
Information Coordination Entity must be certified or
established by contract or agreement by the Administrator, and
must agree to--
(A) gather required System observation data and
other requirements specified under this section and the
System plan;
(B) identify gaps in observation coverage or needs
for capital improvements of Federal assets and non-
Federal assets of the System, and transmit such
information to the Interagency Working Group via the
Administrator;
(C) demonstrate an organizational structure and
strategic operational plan to ensure the efficient and
effective administration of programs and assets to
support daily data observations for integration into
the System;
(D) comply with all financial oversight
requirements established by the Administrator,
including requirements relating to audits; and
(E) demonstrate a capability to work with other
governmental and nongovernmental entities at all levels
to identify and provide information products of the
System for multiple users within the service area of
the Regional Information Coordination Entities and
otherwise.
(5) System advisory committee.--
(A) In general.--The Administrator shall establish
a System Advisory Committee, which shall provide advice
as may be requested by the Administrator or the
Interagency Working Group.
(B) Purpose.--The purpose of the System Advisory
Committee is to advise the Administrator and the
Interagency Working Group on--
(i) administration, operation, management,
and maintenance of the System, including
integration of Federal and non-Federal assets
and data management and communication aspects
of the System, and fulfillment of the purposes
specified under subsection (b);
(ii) expansion and periodic modernization
and upgrade of technology components of the
System;
(iii) identification of end-user
communities, their needs for information
provided by the System, and the System's
effectiveness in disseminating information to
end-user communities and the general public;
and
(iv) any other purpose identified by the
Administrator or the Interagency Working Group.
(C) Members.--
(i) In general.--The System Advisory
Committee shall be composed of members
appointed by the Administrator. Members shall
be qualified by education, training, and
experience to evaluate scientific and technical
information related to the design, operation,
maintenance, or use of the System, or use of
data products provided through the System.
(ii) Terms of service.--Members shall be
appointed for 3-year terms, renewable once. A
vacancy appointment shall be for the remainder
of the unexpired term of the vacancy, and an
individual so appointed may subsequently be
appointed for 2 full 3-year terms if the
remainder of the unexpired term is less than
one year.
(iii) Chairperson.--The Administrator shall
designate a chairperson from among the members
of the System Advisory Committee.
(iv) Appointment.--Members of the System
Advisory Committee shall be appointed as
special Government employees for purposes of
section 202(a) of title 18, United States Code.
(D) Administrative provisions.--
(i) Reporting.--The System Advisory
Committee shall report to the Administrator and
the Interagency Working Group, as appropriate.
(ii) Administrative support.--The
Administrator shall provide administrative
support to the System Advisory Committee.
(iii) Meetings.--The System Advisory
Committee shall meet at least once each year,
and at other times at the call of the
Administrator, the Interagency Working Group,
or the chairperson.
(iv) Compensation and expenses.--Members of
the System Advisory Committee shall not be
compensated for service on that Committee, but
may be allowed travel expenses, including per
diem in lieu of subsistence, in accordance with
subchapter I of chapter 57 of title 5, United
States Code.
(v) Expiration.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall
not apply to the System Advisory Committee.
(6) Civil liability.--For purposes of determining liability
arising from the dissemination and use of observation data
gathered pursuant to this section, any non-Federal asset or
Regional Information Coordination Entity that is certified
under paragraph (3)(D) and that is participating in the System
shall be considered to be part of the National Oceanic and
Atmospheric Administration. Any employee of such a non-Federal
asset or Regional Information Coordination Entity, while
operating within the scope of his or her employment in carrying
out the purposes of this section, with respect to tort
liability, is deemed to be an employee of the Federal
Government.
(f) Interagency Financing, Grants, Contracts, and Agreements.--
(1) In general.--The member departments and agencies of the
Council, subject to the availability of appropriations, may
participate in interagency financing and share, transfer,
receive, obligate, and expend funds appropriated to any member
agency for the purposes of carrying out any administrative or
programmatic project or activity to further the purposes of
this section, including support for the Interagency Working
Group, the Interagency Coordinating Program Office, a common
infrastructure, and integration to expand or otherwise enhance
the System.
(2) Joint centers and agreements.--Member Departments and
agencies of the Council shall have the authority to create,
support, and maintain joint centers, and to enter into and
perform such contracts, leases, grants, and cooperative
agreements as may be necessary to carry out the purposes of
this section and fulfillment of the System Plan.
(g) Application With Other Laws.--Nothing in this section
supersedes or limits the authority of any agency to carry out its
responsibilities and missions under other laws.
(h) Report to Congress.--
(1) In general.--Not later than two years after the date of
enactment of this section, the Administrator through the
Council shall submit to Congress a report that describes the
status of the System and progress made to achieve the purposes
of this section and the goals identified under the System Plan.
(2) Contents.--The report shall include discussion of the
following:
(A) Identification of Federal and non-Federal
assets as determined by the Council that have been
integrated into the System, including assets essential
to the gathering of required observation data variables
necessary to meet the respective missions of Council
agencies.
(B) A review of procurements, planned or initiated,
by each Council agency to enhance, expand, or modernize
the observation capabilities and data products provided
by the System, including data management and
communication subsystems.
(C) An assessment regarding activities to integrate
Federal and non-Federal assets, nationally and on the
regional level, and discussion of the performance and
effectiveness of Regional Information Coordination
Entities to coordinate regional observation operations.
(D) An evaluation of progress made by the Council
to achieve the purposes of this section and the goals
identified under the System Plan.
(E) Recommendations for operational improvements to
enhance the efficiency, accuracy, and overall
capability of the System.
(3) Biennial update.--Two years after the transmittal of
the initial report prepared pursuant to this subsection and
biennially thereafter, the Administrator, through the Council,
shall submit to Congress an update of the initial report.
(i) Public-Private Use Policy.--The Council shall develop a policy
within 6 months after the date of the enactment of this section that
defines processes for making decisions about the roles of the Federal
Government, the States, Regional Information Coordination Entities, the
academic community, and the private sector in providing to end-user
communities environmental information, products, technologies, and
services related to the System. The Council shall publish the policy in
the Federal Register for public comment for a period not less than 60
days. Nothing in this subsection shall be construed to require changes
in policy in effect on the date of the enactment of this Act.
(j) Independent Cost Estimate.--The Interagency Working Group,
through the Administrator and the Director of the National Science
Foundation, shall obtain within one year after the date of the
enactment of this section an independent cost estimate for operations
and maintenance of existing Federal assets of the System, and planned
or anticipated acquisition, operation, and maintenance of new Federal
assets for the System, including operation facilities, observation
equipment, modeling and software, data management and communication,
and other essential components. The independent cost estimate shall be
transmitted unabridged and without revision by the Administrator to
Congress.
(k) Intent of Congress.--It is the intent of Congress that funding
provided to agencies of the Council to implement this section shall
supplement, and not replace, existing sources of funding for other
programs. It is the further intent of Congress that agencies of the
Council shall not enter into contracts or agreements for the
development or procurement of new Federal assets for the System that
are estimated to be in excess of $250,000,000 in life-cycle costs
without first providing adequate notice to Congress and opportunity for
review and comment.
Passed the House of Representatives March 31, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.