[Congressional Record Volume 154, Number 49 (Monday, March 31, 2008)]
[House]
[Pages H1778-H1781]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL INTEGRATED COASTAL AND OCEAN OBSERVATION ACT OF 2008
Mr. KENNEDY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2342) to direct the President to establish a National
Integrated Coastal and Ocean Observation System, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2342
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 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.
[[Page H1779]]
(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.
[[Page H1780]]
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Rhode Island (Mr. Kennedy) and the gentleman from Utah (Mr. Bishop)
each will control 20 minutes.
The Chair recognizes the gentleman from Rhode Island.
General Leave
Mr. KENNEDY. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Rhode Island?
There was no objection.
Mr. KENNEDY. Madam Speaker, I yield myself such time as I may
consume.
H.R. 2342, the National Integrated Coastal and Ocean Observation Act
of 2008, was introduced by our colleague from Maine (Mr. Allen). This
bill establishes a National Integrated Coastal Ocean Observation System
to gather real-time data on the ocean environment, to refine and
enhance predictive capabilities, and to provide other immediate
societal benefits, such as improved fisheries management and safer
navigation.
Capitalizing on newer and better integrated technologies would help
address huge information gaps and significantly advance our
understanding of ocean processes. I would say coming from a State
called The Ocean State, this is a particularly important piece of
legislation, and representing a university that is a recipient of Sea
Grants, we are very interested in passing this legislation.
Madam Speaker, I ask colleagues on both sides of the aisle to support
passage of this noncontroversial bill.
Madam Speaker, on behalf of the Committee, I submit the following
exchange of letters.
House of Representatives, Committee on Science and
Technology,
Washington, DC, March 27, 2008.
Hon. Nick J. Rahall II,
Chairman, Committee on Natural Resources, House of
Representatives, Washington, DC.
Dear Chairman Rahall: I write to you regarding H.R. 2342,
the ``National Integrated Coastal and Ocean Observation
Act.'' This legislation was initially referred to both the
Committee on Natural Resources and the Committee on Science
and Technology.
H.R. 2342 was marked up by the Committee on Natural
Resources on March 12, 2008. I recognize and appreciate your
desire to bring this legislation before the House in an
expeditious manner, and, accordingly, I will waive further
consideration of this bill in Committee. However, agreeing to
waive consideration of this bill should not be construed as
the Committee on Science and Technology waiving its
jurisdiction over H.R. 2342.
Further, I request your support for the appointment of
Science and Technology Committee conferees during any House-
Senate conference convened on this legislation. I also ask
that a copy of this letter and your response be placed in the
Congressional Record during consideration of this bill.
I look forward to working with you as we prepare to pass
this important legislation.
Sincerely,
Bart Gordon,
Chairman.
____
House of Representatives, Committee on Natural Resources,
Washington, DC, March 27, 2008.
Hon. Bart Gordon,
Chairman, Committee on Science and Technology, Washington,
DC.
Dear Mr. Chairman: Thank you for your willingness to allow
floor consideration of H.R. 2342, the National Integrated
Coastal and Ocean Observation Act, to proceed.
I appreciate your willingness to waive your Committee's
right to further consideration of H.R. 2342, even though your
Committee shares jurisdiction over the bill and has received
an additional referral. Of course, this waiver does not
prejudice any further jurisdictional claims by your Committee
over this legislation or similar language. Furthermore, I
agree to support your request for appointment of conferees
from the Committee on Science and Technology if a conference
is held on this matter.
As is customary, I will insert our two letters in the
Congressional Record as part of the consideration of H.R.
2342 on the House floor. Thank you for the cooperative spirit
in which you have worked regarding this matter and others
between our respective committees.
With warm regards, I am
Sincerely,
Nick J. Rahall II,
Chairman, Committee on Natural Resources.
Madam Speaker, I reserve the balance of my time.
Mr. BISHOP of Utah. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, there are currently many Federal and State agencies,
universities and private entities collecting ocean and coastal
observation data. H.R. 2342 will coordinate these efforts and create a
national integrated coastal and ocean observing system. The national
system will provide many benefits to the Nation by support weather,
marine forecasts, marine transportation, public safety, scientific
research, and public outreach and education activities.
Madam Speaker, I reserve the balance of my time.
Mr. KENNEDY. I would just say once again, Madam Speaker, we are in
the process as a Nation of taking an assessment of our coastal zones,
and in particularly in light of our energy needs, for our wind needs,
for the possibility of harnessing the oceans for purposes of energy in
our oceans, and, of course, tabulating the effects of global warming.
All of these things use data, and those data points can certainly be
drawn from the passage of legislation like this that will integrate all
of those data points through a coastal and ocean observatory system.
I think we owe a great debt of gratitude to the author of this
legislation, Representative Allen, for the work that he put into
authoring it.
At this time, I would like yield such time as he may consume to the
gentleman from Maine (Mr. Allen).
Mr. ALLEN. I thank the gentleman for yielding.
Madam Speaker, I rise to express my support for H.R. 2342, the
National Integrated Coastal and Ocean Observation Act. I commend
Chairman Rahall and Chairwoman Bordallo of the Natural Resources
Committee for their leadership and foresight in supporting this
legislation to give us the tools we need to manage and protect our
marine resources and coastal communities. I also want to thank Mr.
Brown and Mr. Young for their work on this bill.
My legislation establishes a nationwide integrated ocean and coastal
observing system, based on the internationally acclaimed Gulf of Maine
Ocean Observing System, GoMOOS. That is the acronym, GoMOOS. GoMOOS was
developed by Maine oceanographers, and has improved safety for
fishermen and boaters, increased understanding of ocean weather and
helped forecast the effects of global climate change.
My legislation builds on the success of regional programs like GoMOOS
and will greatly enhance our knowledge about our oceans and their
resources and vastly improve our ability to manage them properly.
[[Page H1781]]
The U.S. Commission on Ocean Policy, Pew Oceans Commission, and the
Joint Ocean Commission Initiative have all established creation of a
comprehensive ocean observing system as a top priority. In fact,
Admiral James Watkins, Chair of the U.S. Commission on Ocean Policy and
Cochair of the Joint Oceans Commission Initiative, has testified that
an oceans observing system, and I quote, ``is probably the most
important single program. I think if it were to be implemented properly
and funded to the extent we have recommended in our report, it will be
one of the most important things we can do for future decision
making.''
Implementation of the Integrated Ocean Observing System will have a
myriad of positive impacts. Implementation will, one, improve
predictions of climate change and weather and their effects on coastal
communities, including impacts on water and energy management; two,
improve the safety and efficiency of marine operations; three, improve
national and homeland security, particularly within ports and the
Nation's heavily populated coastal regions; and, fourth, enable the
sustained use of ocean and coastal resources and better manage
fisheries.
In addition to monitoring and forecasting climate change, the Ocean
Observing System would protect coastal communities and economic
interests of oceangoing industries like shipping and commercial fishing
by improving warnings of tsunamis, hurricanes, coastal storms and other
natural hazards.
The Integrated Ocean Observing System is not just another combination
of data satellites and buoys. It has real-time and real life practical
applications. In the past, regional ocean systems have provided early
warnings of harmful algal blooms that can severely impact the shellfish
industry. Scientists use the regional system to target testing areas,
and managers use it to issue timely and necessary warnings to protect
public health. The Coast Guard is another frequent user. They look to
the system for critical information to aid in search and rescue
operations.
Fishermen have used Maine's Ocean Observing System for years for real
time information on sea conditions and weather. More observations
provide more data and allow fishermen to make informed and safe
decisions. I would just say in that context that I have had fishermen
in Maine tell me that whereas they used to be gambling on what the
weather might be 7 to 10 miles offshore, now they can look at their
computer, they can get real-time data from a buoy 7 miles offshore and
know whether or not it is safe to go out that distance.
Many elements of a national ocean observing system are already in
place, but currently they operate independently. Legislation is needed
to formally define the fiduciary, legal and oversight structure to
enable the integration of the disparate components of the ocean,
coastal and Great Lakes observing activities. Legislation authorizing
an integrated system will ensure the coordination and integration among
all the elements of a national system, both Federal and regional, and
would provide legal authority for sharing funds across Federal agencies
for implementing IOOS.
A national Integrated Ocean Observing system would enable managers at
all levels, local, regional and National, to make informed and timely
decisions to manage our ocean resources and protect our coastal
communities.
To summarize, what we are talking about is being able to get
information about our oceans in the same way and on the same scale that
today we get information about the atmosphere, and because of the
interconnection of what is happening in the atmosphere and what is
happening in the oceans, this will dramatically increase and expand our
understanding of both the atmosphere and the oceans. It is an important
piece of legislation.
I urge my colleagues to support this measure.
Mr. BISHOP of Utah. Madam Speaker, I yield back the balance of my
time.
Mr. KENNEDY. Madam Speaker, with no other speakers, I would just once
again conclude that Rhode Island looks forward to hosting this ocean
observatory system that the Representative from Maine has proposed, if
not objected to by the gentleman from Hawaii, another sea-going State.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Rhode Island (Mr. Kennedy) that the House suspend the
rules and pass the bill, H.R. 2342, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________