[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2453 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2453

    To provide for a national biological data center, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2009

 Mr. Duncan (for himself and Mr. Wamp) introduced the following bill; 
        which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To provide for a national biological data center, 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. NATIONAL BIOLOGICAL DATA CENTER.

    (a) In General.--The Secretary, acting through the United States 
Geological Survey, shall establish a national biological data center 
(in this Act referred to as the ``center''). The center may be 
established within an existing program (such as the National Biological 
Information Infrastructure program).
    (b) Contract.--The Secretary seek to enter into a contract with a 
small business for the purpose of managing the center.
    (c) Contract Term.--
            (1) Initial contract.--The contract under subsection (a) 
        shall have an initial term of 10 years.
            (2) Subsequent contracts.--The terms of subsequent 
        contracts shall be determined by the Secretary.
    (d) Entity Selection.--
            (1) Competitive procedures.--The Secretary shall use 
        competitive procedures (as defined in section 4(5) of the 
        Office of Federal Procurement Policy Act (41 U.S.C. 403(5))) to 
        enter into the contract under subsection (b).
            (2) Qualification requirements.--To qualify to participate 
        in the competitive procedures under paragraph (1), a small 
        business shall have--
                    (A) no more than 500 employees on the date that the 
                initial contract is awarded to such business under 
                subsection (a);
                    (B) demonstrated expertise in--
                            (i) managing scientific and technical 
                        information;
                            (ii) implementing scientific information 
                        projects;
                            (iii) presenting scientific data in an 
                        objective manner; and
                            (iv) managing interagency collaborations 
                        related to scientific and technical 
                        information;
                    (C) demonstrated involvement with biodiversity 
                information programs and the National Biological 
                Information Infrastructure of the United States 
                Geological Survey (through partnership or other form of 
                collaboration); and
                    (D) a demonstrated ability and willingness to 
                partner with a research university and a national 
                laboratory with expertise in biodiversity and 
                computational sciences.
    (e) Leadership.--The head of the center shall be appointed by the 
Secretary, acting through the Director of the United States Geological 
Survey, in consultation with the program director of the National 
Biological Information Infrastructure.
    (f) Duties of the National Biological Data Center.--The duties of 
the center shall be determined by the Secretary and shall include, at a 
minimum, the following activities:
            (1) Collect nonhuman biological data from Federal, public, 
        private, and nonprofit entities, including--
                    (A) the National Biological Information 
                Infrastructure; and
                    (B) institutions and organizations that partner 
                with the National Biological Information 
                Infrastructure.
            (2) Develop partnerships with public and private entities 
        that are nationally recognized for computational capabilities 
        and computer capacity to allow the center to efficiently 
        develop a digital network for the storage and retrieval of data 
        collected under paragraph (1).
            (3) Develop partnerships with academic and scientific 
        institutions in the United States to increase the quantity of 
        data--
                    (A) collected under paragraph (1); and
                    (B) made available for public use under paragraph 
                (4).
            (4) Subject to Federal statutes and regulations relating to 
        the disclosure of information collected under paragraph (1), 
        including statutes and regulations related to intellectual 
        property and section 552 of title 5, United States Code, make 
        available for use by Federal, State, and local governments and 
        members of the public any federally funded data collected under 
        paragraph (1).
            (5) Make the data described in paragraph (4) available to 
        such governments and members of the public--
                    (A) through a single electronic search function; or
                    (B) in any case in which such data is not 
                electronically maintained, at a single location.
            (6) Organize and manage data collected under paragraph (1) 
        in a manner that--
                    (A) enables efficient and effective use of the data 
                by the public;
                    (B) presents the data in an objective manner; and
                    (C) is consistent with efforts made by the National 
                Biological Information Infrastructure to organize and 
                manage nonhuman biological data for public use.
            (7) Prepare value added compilations and analytical 
        assessments (including models and simulations) of multiple data 
        sets that combine and analyze data from multiple data sources 
        to improve the ease of use of such data sets by Federal, State, 
        and local governments and by members of the public.
            (8) Conduct public awareness activities that promote the 
        use of the data made available under paragraph (4) for purposes 
        of encouraging--
                    (A) economic development;
                    (B) the development of public policy (including 
                policy relating to land use, economic development, 
                conservation, and preservation);
                    (C) scientific research; and
                    (D) science, technology, engineering, and 
                mathematics education.
            (9) Hold an annual conference on nonhuman biological data 
        collection for the purpose of encouraging experts from Federal, 
        State, and local governments and public and private entities to 
        provide advice to the head of the center on improving the 
        center's performance.
            (10) Collect fees from State and local governments and 
        members of the public for the use of--
                    (A) compilations and analytical assessments 
                prepared under paragraph (7); and
                    (B) other products and services offered by the 
                center including but not limited to technical training 
                and consultation relating to the use or application of 
                data products, except that the center may not collect a 
                fee solely for accessing data collected by the center 
                from another source.
    (g) Duties of Other Entities.--
            (1) In general.--Subject to Federal statutes and 
        regulations relating to the disclosure of information, 
        including statutes and regulations related to intellectual 
        property and section 552 of title 5, United States Code, any 
        entity that collects or stores federally funded data on or 
        after the end of the one-year period beginning on the date of 
        enactment of this Act shall submit or make available such data 
        to the center, in a form and manner described in standards 
        published by the center, unless such data has been submitted to 
        the National Biological Information Infrastructure.
            (2) National biological information infrastructure.--
                    (A) In general.--The center shall serve as the data 
                repository for the National Biological Information 
                Infrastructure. and all data shall be made available in 
                a form and manner described in standards published by 
                the center.
                    (B) Data to be made available.--Subject to Federal 
                statutes and regulations relating to the disclosure of 
                information, including statutes and regulations related 
                to intellectual property and section 552 of title 5, 
                United States Code, the National Biological Information 
                Infrastructure shall make all data that it stores and 
                maintains available to the center in a form and manner 
                described in standards published by the center.
    (h) Availability of Fees.--Subject to appropriation, fees collected 
under subsection (d)(10) shall remain available for use by the center 
for activities under subsection (d).
    (i) Reports.--
            (1) Annual report to secretary.--Not later than January 1 
        of each year following the date of enactment of this Act, the 
        head of the center shall submit to the Secretary an annual 
        report containing--
                    (A) information on the activities of the center 
                during the preceding fiscal year and the plans of the 
                center for activities in the current fiscal year; and
                    (B) such additional information as the Secretary 
                may require.
            (2) Annual report to congress.--Not later than April 1 of 
        each year following the date of enactment of this Act, the 
        Secretary shall submit to Congress an annual report on--
                    (A) information on the activities of the center 
                during the preceding fiscal year and the plans of the 
                center for activities in the current fiscal year; and
                    (B) the administration of the contract entered into 
                under subsection (a).
    (j) Definitions.--For purposes of this Act, the following 
definitions apply:
            (1) Federally funded data.--The term ``federally-funded 
        data'' means nonhuman biological data that is collected, 
        maintained, or stored, in whole or in part, through the use of 
        Federal funds.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (k) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $8,000,000 per fiscal year. 
Amounts appropriated under this subsection shall remain available until 
expended.
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