I 

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. 

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

3 SECTION 1. ENHANCING CLIMATE CHANGE PREDICTIONS. 

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

5 ‘‘National Integrated Coastal and Ocean Observation Act 

6 of 2007’’. 


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

2 following: 

3 (1) Establish a National Integrated Coastal and 

4 Ocean Observation System comprised of Federal and 

5 non-Federal components, coordinated at the regional 

6 level by a network of Regional Information Coordi7 nation Entities, that includes in situ, remote, and 

8 other coastal and ocean observations, technologies, 

9 and data management and communication systems, 

10 to gather daily specific coastal and ocean data vari11 ables and to ensure the timely dissemination and 

12 availability of usable observation data to support na13 tional defense, marine commerce, energy production, 

14 scientific research, ecosystem-based marine and 

15 coastal resource management, and public safety and 

16 to promote the general public welfare. 

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

18 track, explain, and predict events related directly 

19 and indirectly to climate change, natural climate 

20 variability, and interactions between the oceanic and 

21 atmospheric environments, including the Great 

22 Lakes. 

23 (3) Authorize activities to promote basic and 

24 applied research to develop, test, and deploy innova25 tions and improvements in coastal and ocean obserVerDate Aug 31 2005 04:36 May 18, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2342.IH H2342

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1 vation technologies, modeling systems, and other sci2 entific and technological capabilities to improve our 

3 conceptual understanding of global climate change 

4 and physical, chemical, and biological dynamics of 

5 the ocean and coastal and Great Lakes environ6 ments. 

7 (4) Institutionalize coordinated programs of 

8 public outreach, education, and training— 

9 (A) to enhance public understanding of the 

10 ocean, coastal and Great Lakes environment, 

11 the influence and effects of global climate 

12 change on the coastal and ocean environment; 

13 and 

14 (B) to promote greater public awareness 

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

16 and Great Lakes resources. 

17 (c) DEFINITIONS.—In this section: 

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

19 National Ocean Research Leadership Council re20 ferred to in section 7902 of title 10, United States 

21 Code. 

22 (2) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the National 

24 Oceanic and Atmospheric Administration. 


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1 (3) FEDERAL ASSETS.—The term ‘‘Federal as2 sets’’ means all relevant non-classified civilian coast3 al and ocean observations, technologies, and related 

4 modeling, research, data management, basic and ap5 plied technology research and development, and pub6 lic education and outreach programs, that are man7 aged by member agencies of the Council. 

8 (4) NON-FEDERAL ASSETS.—The term ‘‘non9 Federal assets’’ means all relevant coastal and ocean 

10 observations, technologies, related basic and applied 

11 technology research and development, and public 

12 education and outreach programs managed through 

13 States, regional organizations, universities, non14 governmental organizations, or the private sector. 

15 (5) REGIONAL INFORMATION COORDINATION

16 ENTITIES.— 

17 (A) IN GENERAL.—The term ‘‘Regional In18 formation Coordination Entity’’, subject to sub19 paragraphs (B) and (C), means an organiza20 tional body that is certified or established by 

21 the lead Federal agency designated in sub22 section (d)(3)(C)(iii) and coordinating State, 

23 Federal, local, and private interests at a re24 gional level with the responsibility of engaging 

25 the private and public sectors in designing, opVerDate Aug 31 2005 04:36 May 18, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2342.IH H2342

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1 erating, and improving regional coastal and 

2 ocean observing systems in order to ensure the 

3 provision of data and information that meet the 

4 needs of user groups from the respective re5 gions. 

6 (B) INCLUDED ASSOCIATIONS.—Such term 

7 includes Regional Associations as described by 

8 the System Plan. 

9 (C) LIMITATION.—Nothing in this section 

10 shall be construed to invalidate existing certifi11 cations, contracts, or agreements between Re12 gional Associations and other elements of the 

13 System. 

14 (6) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Commerce. 

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

17 National Integrated Coastal and Ocean Observation 

18 System established under subsection (d). 

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

20 means the plan contained in the document entitled 

21 ‘‘Ocean.US publication #9, The First Integrated 

22 Ocean Observing System (IOOS) Development 

23 Plan’’. 

24 (9) INTERAGENCY WORKING GROUP.—The term 

25 ‘‘Interagency Working Group’’ means the InterVerDate Aug 31 2005 04:36 May 18, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2342.IH H2342

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1 agency Working Group on Ocean Observations as es2 tablished by the U.S. Ocean Policy Committee Sub3 committee on Ocean Science and Technology pursu4 ant to Executive Order 13366 signed December 17, 

5 2004. 

6 (d) NATIONAL INTEGRATED COASTAL AND OCEAN

7 OBSERVING SYSTEM.— 

8 (1) ESTABLISHMENT.—The President, acting 

9 through the Council, shall establish a National Inte10 grated Coastal and Ocean Observation System to 

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

12 the System plan and to fulfill the Nation’s inter13 national obligations to contribute to the global earth 

14 observation system of systems and the global ocean 

15 observing system. 

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

17 agency that is a member of the Interagency Working 

18 Group shall support the purposes of this section. 

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

20 Federal agency that has administrative jurisdiction 

21 over a Federal asset shall make available data that 

22 are produced by that asset and that are not other23 wise restricted for integration, management, and dis24 semination by the System. 


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1 (4) ENHANCING ADMINISTRATION AND MAN2 AGEMENT.—The head of each Federal agency that 

3 has administrative jurisdiction over a Federal asset 

4 may take appropriate actions to enhance internal 

5 agency administration and management to better 

6 support, integrate, finance, and utilize observation 

7 data, products, and services developed under this 

8 section to further its own agency mission and re9 sponsibilities. 

10 (5) PARTICIPATION IN REGIONAL INFORMATION

11 COORDINATION ENTITY.—The head of each Federal 

12 agency that has administrative jurisdiction over a 

13 Federal asset may participate in regional informa14 tion coordination entity activities. 

15 (6) NON-FEDERAL ASSETS.—Non-Federal as16 sets shall be coordinated by the Interagency Work17 ing Group or by Regional Information Coordination 

18 Entities. 

19 (e) POLICY OVERSIGHT, ADMINISTRATION, AND RE20 GIONAL COORDINATION.— 

21 (1) NATIONAL OCEAN RESEARCH LEADERSHIP

22 COUNCIL.—The National Ocean Research Leader23 ship Council shall be responsible for establishing 

24 broad coordination and long-term operations plans, 

25 policies, protocols, and standards for the System 


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1 consistent with the policies, goals, and objectives 

2 contained in the System Plan, and coordination of 

3 the System with other earth observing activities. 

4 (2) INTERAGENCY WORKING GROUP.—The 

5 Interagency Working Group shall, with respect to 

6 the System, be responsible for— 

7 (A) implementation of operations plans 

8 and policies developed by the Council; 

9 (B) development of an annual coordinated, 

10 comprehensive System budget; 

11 (C) identification of gaps in observation 

12 coverage or needs for capital improvements of 

13 both Federal assets and non-Federal assets; 

14 (D) establishment of data management 

15 and communication protocols and standards; 

16 (E) establishment of required observation 

17 data variables; 

18 (F) development of certification standards 

19 for all non-Federal assets or Regional Informa20 tion Coordination Entities to be eligible for in21 tegration into the System; and 

22 (G) periodically review and recommned to 

23 the Council revisions to the System plan. 

24 (3) LEAD FEDERAL AGENCY.—The Secretary, 

25 acting through the Administrator, shall function as 


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1 the lead Federal agency for the System. The Sec2 retary, through the Administrator, may establish an 

3 Interagency Program Coordinating Office to facili4 tate the Secretary’s responsibilities as the lead Fed5 eral agency for System oversight and management. 

6 The Administrator shall— 

7 (A) implement policies, protocols, and 

8 standards established by the Council and dele9 gated by the Interagency Working Group; 

10 (B) promulgate regulations to integrate 

11 the participation of non-Federal assets into the 

12 System and enter into and oversee contracts 

13 and agreements with Regional Information Co14 ordination Entities to effect this purpose; 

15 (C) implement a competitive funding proc16 ess for the purpose of assigning contracts and 

17 agreements to Regional Information Coordina18 tion Entities; 

19 (D) certify or establish Regional Informa20 tion Coordination Entities to coordinate State, 

21 Federal, local, and private interests at a re22 gional level with the responsibility of engaging 

23 private and public sectors in designing, oper24 ating, and improving regional coastal and ocean 

25 observing systems in order to ensure the proviVerDate Aug 31 2005 04:36 May 18, 2007 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2342.IH H2342

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1 sion of data and information that meet the 

2 needs of user groups from the respective re3 gions; 

4 (E) formulate a process by which gaps in 

5 observation coverage or needs for capital im6 provements of Federal assets and non-Federal 

7 assets of the System can be identified by the 

8 Regional Information Coordination Entities, the 

9 Administrator, or other members of the System 

10 and transmitted to the Interagency Working 

11 Group; 

12 (F) be responsible for the coordination, 

13 storage, management, and communication of 

14 observation data gathered through the System 

15 to all end-user communities; 

16 (G) subject to the availability of appropria17 tions and pursuant to procedures adopted by 

18 the Administrator after consultation with the 

19 working group and the system advisory panel, 

20 implement a competitive matching grant or 

21 other grant program to promote research and 

22 development of innovative and new observation 

23 technologies, including testing and field trials; 

24 (H) implement a program of public edu25 cation and outreach to improve public awareVerDate Aug 31 2005 04:36 May 18, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2342.IH H2342

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1 ness of global climate change and effects on the 

2 ocean, coastal, and Great Lakes environment; 

3 and 

4 (I) report annually to the Council through 

5 the Interagency Working Group on the accom6 plishments, operational needs, and performance 

7 of the System to achieve the purposes of this 

8 Act and the System plan. 

9 (4) REGIONAL INFORMATION COORDINATION

10 ENTITY.—To be certified or established under para11 graph (3)(D), a Regional Information Coordination 

12 Entity must be certified or established by contract 

13 or agreement by the Administrator, and must agree 

14 to— 

15 (A) gather required System observation 

16 data and other requirements specified under 

17 this section and the System plan; 

18 (B) identify gaps in observation coverage 

19 or needs for capital improvements of Federal 

20 assets and non-Federal assets of the System, 

21 and transmit such information to the Inter22 agency Working Group via the Administrator; 

23 (C) demonstrate an organizational struc24 ture and strategic operational plan to ensure 

25 the efficient and effective administration of proVerDate Aug 31 2005 04:36 May 18, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2342.IH H2342

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1 grams and assets to support daily data observa2 tions for integration into the System; 

3 (D) comply with all financial oversight re4 quirements established by the Administrator, 

5 including requirements relating to audits; and 

6 (E) demonstrate a capability to work with 

7 other governmental and nongovernmental enti8 ties at all levels to identify and provide informa9 tion products of the System for multiple users 

10 within the service area of the Regional Informa11 tion Coordination Entities and otherwise. 

12 (5) SYSTEM ADVISORY PANEL.—The Secretary, 

13 through the Administrator, may establish and ap14 point an advisory panel to advise the Council on the 

15 operations, management, and needs of the System. 

16 The appointment of this panel shall be done in con17 sultation with the Interagency Working Group. 

18 Panel membership shall be broadly representative of 

19 all stakeholders and the user community of the Sys20 tem. 

21 (6) CIVIL LIABILITY.—For purposes of deter22 mining liability arising from the dissemination and 

23 use of observation data gathered pursuant to this 

24 section, any non-Federal asset or Regional Informa25 tion Coordination Entity that is certified under 


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

2 System shall be considered to be part of the Na3 tional Oceanic and Atmospheric Administration. Any 

4 employee of such a non-Federal asset or Regional 

5 Information Coordination Entity, while operating 

6 within the scope of his or her employment in car7 rying out the purposes of this section, with respect 

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

9 Federal Government. 

10 (f) INTERAGENCY FINANCING, GRANTS, CONTRACTS, 

11 AND AGREEMENTS.— 

12 (1) IN GENERAL.—The member departments 

13 and agencies of the Council, subject to the avail14 ability of appropriations, may participate in inter15 agency financing and share, transfer, receive, obli16 gate, and expend funds appropriated to any member 

17 agency for the purposes of carrying out any adminis18 trative or programmatic project or activity to further 

19 the purposes of this section, including support for 

20 the Interagency Working Group, the Interagency Co21 ordinating Program Office, a common infrastruc22 ture, and integration to expand or otherwise enhance 

23 the System. 

24 (2) JOINT CENTERS AND AGREEMENTS.—Mem25 ber Departments and agencies of the Council shall 


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1 have the authority to create, support, and maintain 

2 joint centers, and to enter into and perform such 

3 contracts, leases, grants, cooperative agreements, or 

4 other transactions as may be necessary to carry out 

5 the purposes of this section and fulfillment of the 

6 System Plan. 

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

8 this section supersedes or limits the authority of any agen9 cy to carry out its responsibilities and missions under 

10 other laws. 

11 (h) REPORT TO CONGRESS.—Two years after the 

12 date of enactment of this Act, and biennially thereafter, 

13 the Secretary through the Council shall submit to the Con14 gress a report on the performance of the System, achieve15 ment of the purposes and objectives of this section and 

16 the System plan, and recommendations for operational im17 provements to enhance the efficiency, accuracy, and over18 all capability of the System. 

Æ 


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