IIB 

110TH CONGRESS 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. ENHANCING CLIMATE CHANGE PREDICTIONS. 

2 (a) SHORT TITLE.—This section may be cited as the 

3 ‘‘National Integrated Coastal and Ocean Observation Act 

4 of 2008’’. 

5 (b) PURPOSES.—The purposes of this section are the 

6 following: 

7 (1) Establish a National Integrated Coastal and 

8 Ocean Observation System comprised of Federal and 

9 non-Federal components, coordinated at the national 

10 level by the National Ocean Research Leadership 

11 Council and at the regional level by a network of Re12 gional Information Coordination Entities, that in13 cludes in situ, remote, and other coastal and ocean 

14 observations, technologies, and data management 

15 and communication systems, to gather specific coast16 al and ocean data variables and to ensure the timely 

17 dissemination and availability of usable observation 

18 data— 

19 (A) to support national defense, marine 

20 commerce, energy production, scientific re21 search, ecosystem-based marine and coastal re22 source management, weather and marine fore23 casting, public safety and public outreach train24 ing and education; and 

25 (B) to promote greater public awareness 

26 and stewardship of the Nation’s ocean, coastal, 


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1 and Great Lakes resources and the general 

2 public welfare. 

3 (2) Improve the Nation’s capability to measure, 

4 track, explain, and predict events related directly 

5 and indirectly to weather and climate change, nat6 ural climate variability, and interactions between the 

7 oceanic and atmospheric environments, including the 

8 Great Lakes. 

9 (3) Authorize activities to promote basic and 

10 applied research to develop, test, and deploy innova11 tions and improvements in coastal and ocean obser12 vation technologies, modeling systems, and other sci13 entific and technological capabilities to improve our 

14 conceptual understanding of weather and climate, 

15 ocean atmosphere dynamics, global climate change, 

16 and physical, chemical, and biological dynamics of 

17 the ocean and coastal and Great Lakes environ18 ments. 

19 (c) DEFINITIONS.—In this section: 

20 (1) COUNCIL.—The term ‘‘Council’’ means the 

21 National Ocean Research Leadership Council re22 ferred to in section 7902 of title 10, United States 

23 Code. 


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1 (2) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the National 

3 Oceanic and Atmospheric Administration. 

4 (3) FEDERAL ASSETS.—The term ‘‘Federal as5 sets’’ means all relevant nonclassified civilian coastal 

6 and ocean observations, technologies, and related 

7 modeling, research, data management, basic and ap8 plied technology research and development, and pub9 lic education and outreach programs, that are man10 aged by member agencies of the Council. 

11 (4) INTERAGENCY WORKING GROUP.—The term 

12 ‘‘Interagency Working Group’’ means the Inter13 agency Working Group on Ocean Observations as es14 tablished by the U.S. Ocean Policy Committee Sub15 committee on Ocean Science and Technology pursu16 ant to Executive Order No. 13366 signed December 

17 17, 2004. 

18 (5) NON-FEDERAL ASSETS.—The term ‘‘non19 Federal assets’’ means all relevant coastal and ocean 

20 observations, technologies, related basic and applied 

21 technology research and development, and public 

22 education and outreach programs that are integrated 

23 into the System and are managed through States, 

24 regional organizations, universities, nongovernmental 

25 organizations, or the private sector. 


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1 (6) REGIONAL INFORMATION COORDINATION

2 ENTITIES.— 

3 (A) IN GENERAL.—The term ‘‘Regional In4 formation Coordination Entity’’, subject to sub5 paragraphs (B) and (C), means an organiza6 tional body that is certified or established by 

7 the lead Federal agency designated in sub8 section (d)(3)(C)(iii) and coordinating State, 

9 Federal, local, and private interests at a re10 gional level with the responsibility of engaging 

11 the private and public sectors in designing, op12 erating, and improving regional coastal and 

13 ocean observing systems in order to ensure the 

14 provision of data and information that meet the 

15 needs of user groups from the respective re16 gions. 

17 (B) INCLUDED ASSOCIATIONS.—Such term 

18 includes Regional Associations as described by 

19 the System Plan. 

20 (C) LIMITATION.—Nothing in this section 

21 shall be construed to invalidate existing certifi22 cations, contracts, or agreements between Re23 gional Associations and other elements of the 

24 System. 


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1 (7) SYSTEM.—The term ‘‘System’’ means the 

2 National Integrated Coastal and Ocean Observation 

3 System established under subsection (d). 

4 (8) SYSTEM PLAN.—The term ‘‘System Plan’’ 

5 means the plan contained in the document entitled 

6 ‘‘Ocean.US Publication No. 9, The First Integrated 

7 Ocean Observing System (IOOS) Development 

8 Plan’’. 

9 (d) NATIONAL INTEGRATED COASTAL AND OCEAN

10 OBSERVING SYSTEM.— 

11 (1) ESTABLISHMENT.—The President, acting 

12 through the Council, shall establish a National Inte13 grated Coastal and Ocean Observation System to 

14 fulfill the purposes set forth in subsection (b) and 

15 the System plan and to fulfill the Nation’s inter16 national obligations to contribute to the global earth 

17 observation system of systems and the global ocean 

18 observing system. 

19 (2) SUPPORT OF PURPOSES.—The head of each 

20 agency that is a member of the Interagency Working 

21 Group shall support the purposes of this section. 

22 (3) AVAILABILITY OF DATA.—The head of each 

23 Federal agency that has administrative jurisdiction 

24 over a Federal asset shall make available data that 

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1 wise restricted for integration, management, and dis2 semination by the System. 

3 (4) ENHANCING ADMINISTRATION AND MAN4 AGEMENT.—The head of each Federal agency that 

5 has administrative jurisdiction over a Federal asset 

6 may take appropriate actions to enhance internal 

7 agency administration and management to better 

8 support, integrate, finance, and utilize observation 

9 data, products, and services developed under this 

10 section to further its own agency mission and re11 sponsibilities. 

12 (5) PARTICIPATION IN REGIONAL INFORMATION

13 COORDINATION ENTITY.—The head of each Federal 

14 agency that has administrative jurisdiction over a 

15 Federal asset may participate in regional informa16 tion coordination entity activities. 

17 (6) NON-FEDERAL ASSETS.—Non-Federal as18 sets shall be coordinated by the Interagency Work19 ing Group or by Regional Information Coordination 

20 Entities. 

21 (e) POLICY OVERSIGHT, ADMINISTRATION, AND RE22 GIONAL COORDINATION.— 

23 (1) NATIONAL OCEAN RESEARCH LEADERSHIP

24 COUNCIL.—The National Ocean Research Leader25 ship Council shall be responsible for establishing 


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1 broad coordination and long-term operations plans, 

2 policies, protocols, and standards for the System 

3 consistent with the policies, goals, and objectives 

4 contained in the System Plan, and coordination of 

5 the System with other earth observing activities. 

6 (2) INTERAGENCY WORKING GROUP.—The 

7 Interagency Working Group shall, with respect to 

8 the System, be responsible for— 

9 (A) implementation of operations plans 

10 and policies developed by the Council; 

11 (B) development of and transmittal to 

12 Congress at the time of submission of the 

13 President’s annual budget request an annual 

14 coordinated, comprehensive System budget; 

15 (C) identification of gaps in observation 

16 coverage or needs for capital improvements of 

17 both Federal assets and non-Federal assets; 

18 (D) establishment of data management 

19 and communication protocols and standards; 

20 (E) establishment of required observation 

21 data variables; 

22 (F) development of certification standards 

23 for all non-Federal assets or Regional Informa24 tion Coordination Entities to be eligible for in25 tegration into the System; 


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1 (G) subject to the availability of appropria2 tions, establish through one or more partici3 pating Federal agencies, in consultation with 

4 the System Advisory Committee established 

5 under paragraph (5), a competitive matching 

6 grant or other program to promote research 

7 and development of innovative observation tech8 nologies including testing and field trials; and 

9 (H) periodically review and recommend to 

10 the Council revisions to the System Plan. 

11 (3) LEAD FEDERAL AGENCY.—The Adminis12 trator shall function as the lead Federal agency for 

13 the System. The Administrator may establish an 

14 Interagency Program Coordinating Office to facili15 tate the Administrator’s responsibilities as the lead 

16 Federal agency for System oversight and manage17 ment. The Administrator shall— 

18 (A) implement policies, protocols, and 

19 standards established by the Council and dele20 gated by the Interagency Working Group; 

21 (B) promulgate regulations to integrate 

22 the participation of non-Federal assets into the 

23 System and enter into and oversee contracts 

24 and agreements with Regional Information Co25 ordination Entities to effect this purpose; 


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1 (C) implement a competitive funding proc2 ess for the purpose of assigning contracts and 

3 agreements to Regional Information Coordina4 tion Entities; 

5 (D) certify or establish Regional Informa6 tion Coordination Entities to coordinate State, 

7 Federal, local, and private interests at a re8 gional level with the responsibility of engaging 

9 private and public sectors in designing, oper10 ating, and improving regional coastal and ocean 

11 observing systems in order to ensure the provi12 sion of data and information that meet the 

13 needs of user groups from the respective re14 gions; 

15 (E) formulate a process by which gaps in 

16 observation coverage or needs for capital im17 provements of Federal assets and non-Federal 

18 assets of the System can be identified by the 

19 Regional Information Coordination Entities, the 

20 Administrator, or other members of the System 

21 and transmitted to the Interagency Working 

22 Group; 

23 (F) be responsible for the coordination, 

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1 servation data gathered through the System to 

2 all end-user communities; 

3 (G) implement a program of public edu4 cation and outreach to improve public aware5 ness of global climate change and effects on the 

6 ocean, coastal, and Great Lakes environment; 

7 and 

8 (H) report annually to the Council through 

9 the Interagency Working Group on the accom10 plishments, operational needs, and performance 

11 of the System to achieve the purposes of this 

12 title and the System Plan. 

13 (4) REGIONAL INFORMATION COORDINATION

14 ENTITY.—To be certified or established under para15 graph (3)(D), a Regional Information Coordination 

16 Entity must be certified or established by contract 

17 or agreement by the Administrator, and must agree 

18 to— 

19 (A) gather required System observation 

20 data and other requirements specified under 

21 this section and the System plan; 

22 (B) identify gaps in observation coverage 

23 or needs for capital improvements of Federal 

24 assets and non-Federal assets of the System, 


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1 and transmit such information to the Inter2 agency Working Group via the Administrator; 

3 (C) demonstrate an organizational struc4 ture and strategic operational plan to ensure 

5 the efficient and effective administration of pro6 grams and assets to support daily data observa7 tions for integration into the System; 

8 (D) comply with all financial oversight re9 quirements established by the Administrator, 

10 including requirements relating to audits; and 

11 (E) demonstrate a capability to work with 

12 other governmental and nongovernmental enti13 ties at all levels to identify and provide informa14 tion products of the System for multiple users 

15 within the service area of the Regional Informa16 tion Coordination Entities and otherwise. 

17 (5) SYSTEM ADVISORY COMMITTEE.— 

18 (A) IN GENERAL.—The Administrator 

19 shall establish a System Advisory Committee, 

20 which shall provide advice as may be requested 

21 by the Administrator or the Interagency Work22 ing Group. 

23 (B) PURPOSE.—The purpose of the Sys24 tem Advisory Committee is to advise the AdVerDate Aug 31 2005 04:36 Apr 02, 2008 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2342.RFS H2342

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1 ministrator and the Interagency Working Group 

2 on— 

3 (i) administration, operation, manage4 ment, and maintenance of the System, in5 cluding integration of Federal and non6 Federal assets and data management and 

7 communication aspects of the System, and 

8 fulfillment of the purposes specified under 

9 subsection (b); 

10 (ii) expansion and periodic moderniza11 tion and upgrade of technology components 

12 of the System; 

13 (iii) identification of end-user commu14 nities, their needs for information provided 

15 by the System, and the System’s effective16 ness in disseminating information to end17 user communities and the general public; 

18 and 

19 (iv) any other purpose identified by 

20 the Administrator or the Interagency 

21 Working Group. 

22 (C) MEMBERS.— 

23 (i) IN GENERAL.—The System Advi24 sory Committee shall be composed of mem25 bers appointed by the Administrator. MemVerDate Aug 31 2005 04:36 Apr 02, 2008 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2342.RFS H2342

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1 bers shall be qualified by education, train2 ing, and experience to evaluate scientific 

3 and technical information related to the 

4 design, operation, maintenance, or use of 

5 the System, or use of data products pro6 vided through the System. 

7 (ii) TERMS OF SERVICE.—Members 

8 shall be appointed for 3-year terms, renew9 able once. A vacancy appointment shall be 

10 for the remainder of the unexpired term of 

11 the vacancy, and an individual so ap12 pointed may subsequently be appointed for 

13 2 full 3-year terms if the remainder of the 

14 unexpired term is less than one year. 

15 (iii) CHAIRPERSON.—The Adminis16 trator shall designate a chairperson from 

17 among the members of the System Advi18 sory Committee. 

19 (iv) APPOINTMENT.—Members of the 

20 System Advisory Committee shall be ap21 pointed as special Government employees 

22 for purposes of section 202(a) of title 18, 

23 United States Code. 

24 (D) ADMINISTRATIVE PROVISIONS.— 


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1 (i) REPORTING.—The System Advi2 sory Committee shall report to the Admin3 istrator and the Interagency Working 

4 Group, as appropriate. 

5 (ii) ADMINISTRATIVE SUPPORT.—The 

6 Administrator shall provide administrative 

7 support to the System Advisory Com8 mittee. 

9 (iii) MEETINGS.—The System Advi10 sory Committee shall meet at least once 

11 each year, and at other times at the call of 

12 the Administrator, the Interagency Work13 ing Group, or the chairperson. 

14 (iv) COMPENSATION AND EX15 PENSES.—Members of the System Advi16 sory Committee shall not be compensated 

17 for service on that Committee, but may be 

18 allowed travel expenses, including per diem 

19 in lieu of subsistence, in accordance with 

20 subchapter I of chapter 57 of title 5, 

21 United States Code. 

22 (v) EXPIRATION.—Section 14 of the 

23 Federal Advisory Committee Act (5 U.S.C. 

24 App.) shall not apply to the System Advi25 sory Committee. 


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1 (6) CIVIL LIABILITY.—For purposes of deter2 mining liability arising from the dissemination and 

3 use of observation data gathered pursuant to this 

4 section, any non-Federal asset or Regional Informa5 tion Coordination Entity that is certified under 

6 paragraph (3)(D) and that is participating in the 

7 System shall be considered to be part of the Na8 tional Oceanic and Atmospheric Administration. Any 

9 employee of such a non-Federal asset or Regional 

10 Information Coordination Entity, while operating 

11 within the scope of his or her employment in car12 rying out the purposes of this section, with respect 

13 to tort liability, is deemed to be an employee of the 

14 Federal Government. 

15 (f) INTERAGENCY FINANCING, GRANTS, CONTRACTS, 

16 AND AGREEMENTS.— 

17 (1) IN GENERAL.—The member departments 

18 and agencies of the Council, subject to the avail19 ability of appropriations, may participate in inter20 agency financing and share, transfer, receive, obli21 gate, and expend funds appropriated to any member 

22 agency for the purposes of carrying out any adminis23 trative or programmatic project or activity to further 

24 the purposes of this section, including support for 

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1 ordinating Program Office, a common infrastruc2 ture, and integration to expand or otherwise enhance 

3 the System. 

4 (2) JOINT CENTERS AND AGREEMENTS.—Mem5 ber Departments and agencies of the Council shall 

6 have the authority to create, support, and maintain 

7 joint centers, and to enter into and perform such 

8 contracts, leases, grants, and cooperative agreements 

9 as may be necessary to carry out the purposes of 

10 this section and fulfillment of the System Plan. 

11 (g) APPLICATION WITH OTHER LAWS.—Nothing in 

12 this section supersedes or limits the authority of any agen13 cy to carry out its responsibilities and missions under 

14 other laws. 

15 (h) REPORT TO CONGRESS.— 

16 (1) IN GENERAL.—Not later than two years 

17 after the date of enactment of this section, the Ad18 ministrator through the Council shall submit to Con19 gress a report that describes the status of the Sys20 tem and progress made to achieve the purposes of 

21 this section and the goals identified under the Sys22 tem Plan. 

23 (2) CONTENTS.—The report shall include dis24 cussion of the following: 


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1 (A) Identification of Federal and non-Fed2 eral assets as determined by the Council that 

3 have been integrated into the System, including 

4 assets essential to the gathering of required ob5 servation data variables necessary to meet the 

6 respective missions of Council agencies. 

7 (B) A review of procurements, planned or 

8 initiated, by each Council agency to enhance, 

9 expand, or modernize the observation capabili10 ties and data products provided by the System, 

11 including data management and communication 

12 subsystems. 

13 (C) An assessment regarding activities to 

14 integrate Federal and non-Federal assets, na15 tionally and on the regional level, and discus16 sion of the performance and effectiveness of Re17 gional Information Coordination Entities to co18 ordinate regional observation operations. 

19 (D) An evaluation of progress made by the 

20 Council to achieve the purposes of this section 

21 and the goals identified under the System Plan. 

22 (E) Recommendations for operational im23 provements to enhance the efficiency, accuracy, 

24 and overall capability of the System. 


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1 (3) BIENNIAL UPDATE.—Two years after the 

2 transmittal of the initial report prepared pursuant to 

3 this subsection and biennially thereafter, the Admin4 istrator, through the Council, shall submit to Con5 gress an update of the initial report. 

6 (i) PUBLIC-PRIVATE USE POLICY.—The Council 

7 shall develop a policy within 6 months after the date of 

8 the enactment of this section that defines processes for 

9 making decisions about the roles of the Federal Govern10 ment, the States, Regional Information Coordination En11 tities, the academic community, and the private sector in 

12 providing to end-user communities environmental informa13 tion, products, technologies, and services related to the 

14 System. The Council shall publish the policy in the Fed15 eral Register for public comment for a period not less than 

16 60 days. Nothing in this subsection shall be construed to 

17 require changes in policy in effect on the date of the enact18 ment of this Act. 

19 (j) INDEPENDENT COST ESTIMATE.—The Inter20 agency Working Group, through the Administrator and 

21 the Director of the National Science Foundation, shall ob22 tain within one year after the date of the enactment of 

23 this section an independent cost estimate for operations 

24 and maintenance of existing Federal assets of the System, 

25 and planned or anticipated acquisition, operation, and 


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1 maintenance of new Federal assets for the System, includ2 ing operation facilities, observation equipment, modeling 

3 and software, data management and communication, and 

4 other essential components. The independent cost estimate 

5 shall be transmitted unabridged and without revision by 

6 the Administrator to Congress. 

7 (k) INTENT OF CONGRESS.—It is the intent of Con8 gress that funding provided to agencies of the Council to 

9 implement this section shall supplement, and not replace, 

10 existing sources of funding for other programs. It is the 

11 further intent of Congress that agencies of the Council 

12 shall not enter into contracts or agreements for the devel13 opment or procurement of new Federal assets for the Sys14 tem that are estimated to be in excess of $250,000,000 

15 in life-cycle costs without first providing adequate notice 

16 to Congress and opportunity for review and comment. 

Passed the House of Representatives March 31, 

2008. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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