[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2342 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2342

To direct the President to establish a National Integrated Coastal and 
           Ocean Observation System, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2007

    Mr. Allen (for himself, Mr. Gilchrest, Mr. Waxman, Mr. Young of 
 Florida, Mrs. Capps, Mr. Saxton, Mr. Farr, Mr. Inslee, Mr. McDermott, 
 Mr. McIntyre, Mr. Moran of Virginia, and Mr. Thompson of California) 
 introduced the following bill; which was referred to the Committee on 
  Natural Resources, and in addition to the Committee on Science and 
Technology, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To 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 2007''.
    (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 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 daily specific coastal and ocean data variables and to 
        ensure the timely dissemination and availability of usable 
        observation data to support national defense, marine commerce, 
        energy production, scientific research, ecosystem-based marine 
        and coastal resource management, and public safety and to 
        promote the general public welfare.
            (2) Improve the Nation's capability to measure, track, 
        explain, and predict events related directly and indirectly to 
        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 global 
        climate change and physical, chemical, and biological dynamics 
        of the ocean and coastal and Great Lakes environments.
            (4) Institutionalize coordinated programs of public 
        outreach, education, and training--
                    (A) to enhance public understanding of the ocean, 
                coastal and Great Lakes environment, the influence and 
                effects of global climate change on the coastal and 
                ocean environment; and
                    (B) to promote greater public awareness and 
                stewardship of the Nation's ocean, coastal, and Great 
                Lakes resources.
    (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 non-classified 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) 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 managed 
        through States, regional organizations, universities, 
        nongovernmental organizations, or the private sector.
            (5) 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.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (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 #9, 
        The First Integrated Ocean Observing System (IOOS) Development 
        Plan''.
            (9) 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 13366 signed December 17, 2004.
    (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 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; and
                    (G) periodically review and recommned to the 
                Council revisions to the System plan.
            (3) Lead federal agency.--The Secretary, acting through the 
        Administrator, shall function as the lead Federal agency for 
        the System. The Secretary, through the Administrator, may 
        establish an Interagency Program Coordinating Office to 
        facilitate the Secretary'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 communication of observation data 
                gathered through the System to all end-user 
                communities;
                    (G) subject to the availability of appropriations 
                and pursuant to procedures adopted by the Administrator 
                after consultation with the working group and the 
                system advisory panel, implement a competitive matching 
                grant or other grant program to promote research and 
                development of innovative and new observation 
                technologies, including testing and field trials;
                    (H) 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
                    (I) 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 Act 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 panel.--The Secretary, through the 
        Administrator, may establish and appoint an advisory panel to 
        advise the Council on the operations, management, and needs of 
        the System. The appointment of this panel shall be done in 
        consultation with the Interagency Working Group. Panel 
        membership shall be broadly representative of all stakeholders 
        and the user community of the System.
            (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, cooperative agreements, 
        or other transactions 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.--Two years after the date of enactment of 
this Act, and biennially thereafter, the Secretary through the Council 
shall submit to the Congress a report on the performance of the System, 
achievement of the purposes and objectives of this section and the 
System plan, and recommendations for operational improvements to 
enhance the efficiency, accuracy, and overall capability of the System.
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