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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 367 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 367

To establish a national integrated system of ocean, coastal, and Great 
            Lakes observing systems, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2009

   Mrs. Capps (for herself, Mr. Farr, Ms. Bordallo, Mr. Inslee, Mr. 
   Thompson of California, Mr. Hastings of Florida, Mr. Waxman, Mr. 
  Grijalva, Mr. Moran of Virginia, Mr. Pallone, Mr. Delahunt, and Ms. 
Castor of Florida) 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 establish a national integrated system of ocean, coastal, and Great 
            Lakes observing systems, 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. SHORT TITLE.

    This Act may be cited as the ``Integrated Coastal and Ocean 
Observation System Act of 2009''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) establish a national integrated System of ocean, 
        coastal, and Great Lakes observing systems, 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, and that includes in situ, remote, and 
        other coastal and ocean observation, technologies, and data 
        management and communication systems, and is designed to 
        address regional and national needs for ocean information, to 
        gather specific data on key coastal, ocean, and Great Lakes 
        variables, and to ensure timely and sustained dissemination and 
        availability of these data to--
                    (A) support national defense, marine commerce, 
                navigation safety, weather, climate, and marine 
                forecasting, energy siting and production, economic 
                development, ecosystem-based marine, coastal, and Great 
                Lakes resource management, public safety, and public 
                outreach training and education;
                    (B) promote greater public awareness and 
                stewardship of the Nation's ocean, coastal, and Great 
                Lakes resources and the general public welfare; and
                    (C) enable advances in scientific understanding to 
                support the sustainable use, conservation, management, 
                and understanding of healthy ocean, coastal, and Great 
                Lakes resources;
            (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; and
            (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, 
        physical, chemical, and biological dynamics of the ocean, 
        coastal and Great Lakes environments, and to conserve healthy 
        and restore degraded coastal ecosystems.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Under Secretary of Commerce for Oceans and Atmosphere in the 
        Under Secretary's capacity as Administrator of the National 
        Oceanic and Atmospheric Administration.
            (2) Council.--The term ``Council'' means the National Ocean 
        Research Leadership Council established by section 7902 of 
        title 10, United States Code.
            (3) Federal assets.--The term ``Federal assets'' means all 
        relevant non-classified 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 ocean observation committee.--The term 
        ``Interagency Ocean Observation Committee'' means the committee 
        established under section 4(c)(2).
            (5) Non-federal assets.--The term ``non-Federal assets'' 
        means all relevant coastal and ocean observation 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'' means an organizational body that 
                is certified or established by contract or memorandum 
                by the lead Federal agency designated in section 
                4(c)(3) of this Act and coordinates 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) Certain included associations.--The term 
                ``regional information coordination entity'' includes 
                regional associations described in the System Plan.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the National Oceanic and 
        Atmospheric Administration.
            (8) System.--The term ``System'' means the National 
        Integrated Coastal and Ocean Observation System established 
        under section 4.
            (9) 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'', as updated by the Council under this Act.

SEC. 4. INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM.

    (a) Establishment.--The President, acting through the Council, 
shall establish a National Integrated Coastal and Ocean Observation 
System to fulfill the purposes set forth in section 2 of this Act 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.
    (b) System Elements.--
            (1) In general.--In order to fulfill the purposes of this 
        Act, the System shall be national in scope and consist of--
                    (A) Federal assets to fulfill national and 
                international observation missions and priorities;
                    (B) non-Federal assets, including a network of 
                regional information coordination entities identified 
                under subsection (c)(4), to fulfill regional 
                observation missions and priorities;
                    (C) data management, communication, and modeling 
                systems for the timely integration and dissemination of 
                data and information products from the System;
                    (D) a research and development program conducted 
                under the guidance of the Council, consisting of--
                            (i) basic and applied research and 
                        technology development to improve understanding 
                        of coastal and ocean systems and their 
                        relationships to human activities and to ensure 
                        improvement of operational assets and products, 
                        including related infrastructure, observing 
                        technologies, and information and data 
                        processing and management technologies; and
                            (ii) large scale computing resources and 
                        research to advance modeling of coastal and 
                        ocean processes.
            (2) Enhancing administration and management.--The head of 
        each Federal agency that has administrative jurisdiction over a 
        Federal asset shall support the purposes of this Act and 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.
            (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) Non-federal assets.--Non-Federal assets shall be 
        coordinated, as appropriate, by the Interagency Ocean Observing 
        Committee or by regional information coordination entities.
    (c) Policy Oversight, Administration, and Regional Coordination.--
            (1) Council functions.--The Council shall serve as the 
        policy and coordination oversight body for all aspects of the 
        System. In carrying out its responsibilities under this Act, 
        the Council shall--
                    (A) approve and adopt comprehensive System budgets 
                developed and maintained by the Interagency Ocean 
                Observation Committee to support System operations, 
                including operations of both Federal and non-Federal 
                assets;
                    (B) ensure coordination of the System with other 
                domestic and international earth observing activities 
                including the Global Ocean Observing System and the 
                Global Earth Observing System of Systems, and provide, 
                as appropriate, support for and representation on 
                United States delegations to international meetings on 
                coastal and ocean observing programs; and
                    (C) encourage coordinated intramural and extramural 
                research and technology development, and a process to 
                transition developing technology and methods into 
                operations of the System.
            (2) Interagency ocean observation committee.--The Council 
        shall establish or designate an Interagency Ocean Observation 
        Committee which shall--
                    (A) prepare annual and long-term plans for 
                consideration and approval by the Council for the 
                integrated design, operation, maintenance, enhancement 
                and expansion of the System to meet the objectives of 
                this Act and the System Plan;
                    (B) develop and transmit to Congress at the time of 
                submission of the President's annual budget request an 
                annual coordinated, comprehensive budget to operate all 
                elements of the System identified in subsection (b), 
                and to ensure continuity of data streams from Federal 
                and non-Federal assets;
                    (C) establish required observation data variables 
                to be gathered by both Federal and non-Federal assets 
                and identify, in consultation with regional information 
                coordination entities, priorities for System 
                observations;
                    (D) establish protocols and standards for System 
                data processing, management, and communication;
                    (E) develop contract certification standards and 
                compliance procedures for all non-Federal assets, 
                including regional information coordination entities, 
                to establish eligibility for integration into the 
                System and to ensure compliance with all applicable 
                standards and protocols established by the Council, and 
                ensure that regional observations are integrated into 
                the System on a sustained basis;
                    (F) identify gaps in observation coverage or needs 
                for capital improvements of both Federal assets and 
                non-Federal assets;
                    (G) subject to the availability of appropriations, 
                establish through one or more participating Federal 
                agencies, in consultation with the System advisory 
                committee established under subsection (d), a 
                competitive matching grant or other programs--
                            (i) to promote intramural and extramural 
                        research and development of new, innovative, 
                        and emerging observation technologies including 
                        testing and field trials; and
                            (ii) to facilitate the migration of new, 
                        innovative, and emerging scientific and 
                        technological advances from research and 
                        development to operational deployment;
                    (H) periodically review and recommend to the 
                Council, in consultation with the Administrator, 
                revisions to the System Plan;
                    (I) ensure collaboration among Federal agencies 
                participating in the activities of the Committee; and
                    (J) perform such additional duties as the Council 
                may delegate.
            (3) Lead federal agency.--The National Oceanic and 
        Atmospheric Administration shall function as the lead Federal 
        agency for the implementation and administration of the System, 
        in consultation with the Council, the Interagency Ocean 
        Observation Committee, other Federal agencies that maintain 
        portions of the System, and the regional information 
        coordination entities, and shall--
                    (A) establish an Integrated Ocean Observing Program 
                Office within the National Oceanic and Atmospheric 
                Administration utilizing to the extent necessary, 
                personnel from member agencies participating on the 
                Interagency Ocean Observation Committee, to oversee 
                daily operations and coordination of the System;
                    (B) implement policies, protocols, and standards 
                approved by the Council and delegated by the 
                Interagency Ocean Observing Committee;
                    (C) promulgate program guidelines to certify and 
                integrate non-Federal assets, including regional 
                information coordination entities, into the System to 
                provide regional coastal and ocean observation data 
                that meet the needs of user groups from the respective 
                regions;
                    (D) have the authority to enter into and oversee 
                contracts, leases, grants or cooperative agreements 
                with non-Federal assets, including regional information 
                coordination entities, to support the purposes of this 
                Act on such terms as the Administrator deems 
                appropriate;
                    (E) implement a merit-based, competitive funding 
                process to support non-Federal assets, including the 
                development and maintenance of a network of regional 
                information coordination entities, and develop and 
                implement a process for the periodic review and 
                evaluation of all non-Federal assets, including 
                regional information coordination entities;
                    (F) provide opportunities for competitive contracts 
                and grants for demonstration projects to design, 
                develop, integrate, deploy, and support components of 
                the System;
                    (G) establish efficient and effective 
                administrative procedures for allocation of funds among 
                contractors, grantees, and non-Federal assets, 
                including regional information coordination entities in 
                a timely manner, and contingent on appropriations 
                according to the budget adopted by the Council;
                    (H) develop and implement a process for the 
                periodic review and evaluation of regional information 
                coordination entities;
                    (I) formulate an annual process by which gaps in 
                observation coverage or needs for capital improvements 
                of Federal assets and non-Federal assets of the System 
                are identified by the regional information coordination 
                entities, the Administrator, or other members of the 
                System and transmitted to the Interagency Ocean 
                Observing Committee;
                    (J) develop and be responsible for a data 
                management and communication system, in accordance with 
                standards and protocols established by the Council, by 
                which all data collected by the System regarding ocean 
                and coastal waters of the United States including the 
                Great Lakes, are processed, stored, integrated, and 
                made available to all end-user communities;
                    (K) 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;
                    (L) report annually to the Interagency Ocean 
                Observing Committee on the accomplishments, operational 
                needs, and performance of the System to contribute to 
                the annual and long-term plans developed pursuant to 
                subsection (c)(2)(A)(i); and
                    (M) develop a plan to efficiently integrate into 
                the System new, innovative, or emerging technologies 
                that have been demonstrated to be useful to the System 
                and which will fulfill the purposes of this Act and the 
                System Plan.
            (4) Regional information coordination entities.--
                    (A) In general.--To be certified or established 
                under this Act, a regional information coordination 
                entity shall be certified or established by contract or 
                agreement by the Administrator, and shall agree to meet 
                the certification standards and compliance procedure 
                guidelines issued by the Administrator and information 
                needs of user groups in the region while adhering to 
                national standards and shall--
                            (i) demonstrate an organizational structure 
                        capable of gathering required System 
                        observation data, supporting and integrating 
                        all aspects of coastal and ocean observing and 
                        information programs within a region and that 
                        reflects the needs of State and local 
                        governments, commercial interests, and other 
                        users and beneficiaries of the System and other 
                        requirements specified under this Act and the 
                        System Plan;
                            (ii) identify gaps in observation coverage 
                        needs for capital improvements of Federal 
                        assets and non-Federal assets of the System, or 
                        other recommendations to assist in the 
                        development of the annual and long-term plans 
                        created pursuant to subsection (c)(2)(A)(i) and 
                        transmit such information to the Interagency 
                        Ocean Observing Committee via the Program 
                        Office;
                            (iii) develop and operate under a strategic 
                        operational plan that will ensure the efficient 
                        and effective administration of programs and 
                        assets to support daily data observations for 
                        integration into the System, pursuant to the 
                        standards approved by the Council;
                            (iv) work cooperatively with governmental 
                        and non-governmental 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
                            (v) comply with all financial oversight 
                        requirements established by the Administrator, 
                        including requirements relating to audits.
                    (B) Participation.--For the purposes of this Act, 
                employees of Federal agencies may participate in the 
                functions of the regional information coordination 
                entities.
    (d) System Advisory Committee.--
            (1) In general.--The Administrator shall establish or 
        designate a System advisory committee, which shall provide 
        advice as may be requested by the Administrator or the 
        Interagency Ocean Observing Committee.
            (2) Purpose.--The purpose of the System advisory committee 
        is to advise the Administrator and the Interagency Ocean 
        Observing Committee on--
                    (A) 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 set forth in section 2;
                    (B) expansion and periodic modernization and 
                upgrade of technology components of the System;
                    (C) 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
                    (D) any other purpose identified by the 
                Administrator or the Interagency Ocean Observing 
                Committee.
            (3) Members.--
                    (A) 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.
                    (B) 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 1 
                year.
                    (C) Chairperson.--The Administrator shall designate 
                a chairperson from among the members of the System 
                advisory committee.
                    (D) 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.
            (4) Administrative provisions.--
                    (A) Reporting.--The System advisory committee shall 
                report to the Administrator and the Interagency Ocean 
                Observing Committee, as appropriate.
                    (B) Administrative support.--The Administrator 
                shall provide administrative support to the System 
                advisory committee.
                    (C) Meetings.--The System advisory committee shall 
                meet at least once each year, and at other times at the 
                call of the Administrator, the Interagency Ocean 
                Observing Committee, or the chairperson.
                    (D) 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.
                    (E) Expiration.--Section 14 of the Federal Advisory 
                Committee Act (5 U.S.C. App.) shall not apply to the 
                System advisory committee.
    (e) 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 incorporated into the System by contract, lease, 
grant, or cooperative agreement under subsection (c)(3)(D) 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 Act, with respect to tort liability, is deemed to be 
an employee of the Federal Government.
    (f) Limitation.--Nothing in this Act shall be construed to 
invalidate existing certifications, contracts, or agreements between 
regional information coordination entities and other elements of the 
System.

SEC. 5. INTERAGENCY FINANCING AND AGREEMENTS.

    (a) In General.--To carry out interagency activities under this 
Act, the Secretary of Commerce may execute cooperative agreements, or 
any other agreements, with, and receive and expend funds made available 
by, any State or subdivision thereof, any Federal agency, or any public 
or private organization, or individual.
    (b) Reciprocity.--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 Act and fulfillment of the System Plan.

SEC. 6. APPLICATION WITH OTHER LAWS.

    Nothing in this Act supersedes or limits the authority of any 
agency to carry out its responsibilities and missions under other laws.

SEC. 7. REPORT TO CONGRESS.

    (a) Requirement.--Not later than 2 years after the date of the 
enactment of this Act and every 2 years thereafter, the Administrator 
shall prepare and the President acting through the Council shall 
approve and transmit to the Congress a report on progress made in 
implementing this Act.
    (b) Contents.--The report shall include--
            (1) a description of activities carried out under this Act 
        and the System Plan;
            (2) an evaluation of the effectiveness of the System, 
        including an evaluation of progress made by the Council to 
        achieve the goals identified under the System Plan;
            (3) 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;
            (4) 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;
            (5) 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;
            (6) a description of benefits of the program to users of 
        data products resulting from the System (including the general 
        public, industries, scientists, resource managers, emergency 
        responders, policy makers, and educators);
            (7) recommendations concerning--
                    (A) modifications to the System; and
                    (B) funding levels for the System in subsequent 
                fiscal years; and
            (8) the results of a periodic external independent 
        programmatic audit of the System.

SEC. 8. PUBLIC-PRIVATE USE POLICY.

    The Council shall develop a policy within 6 months after the date 
of the enactment of this Act 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 
section shall be construed to require changes in policy in effect on 
the date of enactment of this Act.

SEC. 9. INDEPENDENT COST ESTIMATE.

    Within 1 year after the date of enactment of this Act, the 
Interagency Ocean Observation Committee, through the Administrator and 
the Director of the National Science Foundation, shall obtain 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.

SEC. 10. INTENT OF CONGRESS.

    It is the intent of Congress that funding provided to agencies of 
the Council to implement this Act 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.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce for fiscal years 2009 through 2013 such sums as are necessary 
to fulfill the purposes of this Act and support activities identified 
in the annual coordinated System budget developed by the Interagency 
Ocean Observation Committee and submitted to the Congress.
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