[Congressional Bills 110th Congress]
[From the U.S. Government Publishing 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.