110TH CONGRESS 
2D SESSION 
H. R. 2342 
AN ACT 
To direct the President to establish a National Integrated 
Coastal and Ocean Observation System, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 Re-
gional Information Coordination Entities, that in-
cludes in situ, remote, and other coastal and ocean 
observations, technologies, and data management 
and communication systems, to gather specific coast-
al 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 re-
search, ecosystem-based marine and coastal re-
source management, weather and marine fore-
casting, public safety and public outreach train-
ing 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, nat-
ural 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 innova-
tions and improvements in coastal and ocean obser-
vation technologies, modeling systems, and other sci-
entific 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 environ-
ments. 
(c) DEFINITIONS.—In this section: 
(1) COUNCIL.—The term ‘‘Council’’ means the 
National Ocean Research Leadership Council re-
ferred to in section 7902 of title 10, United States 
Code.
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the National 
Oceanic and Atmospheric Administration. 
(3) FEDERAL ASSETS.—The term ‘‘Federal as-
sets’’ means all relevant nonclassified civilian coastal 
and ocean observations, technologies, and related 
modeling, research, data management, basic and ap-
plied technology research and development, and pub-
lic education and outreach programs, that are man-
aged by member agencies of the Council. 
(4) INTERAGENCY WORKING GROUP.—The term 
‘‘Interagency Working Group’’ means the Inter-
agency Working Group on Ocean Observations as es-
tablished by the U.S. Ocean Policy Committee Sub-
committee on Ocean Science and Technology pursu-
ant to Executive Order No. 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 In-
formation Coordination Entity’’, subject to sub-
paragraphs (B) and (C), means an organiza-
tional body that is certified or established by 
the lead Federal agency designated in sub-
section (d)(3)(C)(iii) and coordinating State, 
Federal, local, and private interests at a re-
gional level with the responsibility of engaging 
the private and public sectors in designing, op-
erating, 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 re-
gions. 
(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 certifi-
cations, contracts, or agreements between Re-
gional 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 Inte-
grated Coastal and Ocean Observation System to 
fulfill the purposes set forth in subsection (b) and 
the System plan and to fulfill the Nation’s inter-
national 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 other-
wise restricted for integration, management, and dis-
semination by the System. 
(4) ENHANCING
ADMINISTRATION
AND
MAN-
AGEMENT.—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 re-
sponsibilities. 
(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 informa-
tion coordination entity activities. 
(6) NON-FEDERAL
ASSETS.—Non-Federal as-
sets shall be coordinated by the Interagency Work-
ing Group or by Regional Information Coordination 
Entities. 
(e) POLICY OVERSIGHT, ADMINISTRATION, AND RE-
GIONAL COORDINATION.— 
(1) NATIONAL OCEAN RESEARCH LEADERSHIP 
COUNCIL.—The National Ocean Research Leader-
ship 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 Informa-
tion Coordination Entities to be eligible for in-
tegration into the System;
(G) subject to the availability of appropria-
tions, establish through one or more partici-
pating 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 tech-
nologies including testing and field trials; and 
(H) periodically review and recommend to 
the Council revisions to the System Plan. 
(3) LEAD
FEDERAL
AGENCY.—The Adminis-
trator shall function as the lead Federal agency for 
the System. The Administrator may establish an 
Interagency Program Coordinating Office to facili-
tate the Administrator’s responsibilities as the lead 
Federal agency for System oversight and manage-
ment. The Administrator shall— 
(A) implement policies, protocols, and 
standards established by the Council and dele-
gated 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 Co-
ordination Entities to effect this purpose;
(C) implement a competitive funding proc-
ess for the purpose of assigning contracts and 
agreements to Regional Information Coordina-
tion Entities; 
(D) certify or establish Regional Informa-
tion Coordination Entities to coordinate State, 
Federal, local, and private interests at a re-
gional level with the responsibility of engaging 
private and public sectors in designing, oper-
ating, and improving regional coastal and ocean 
observing systems in order to ensure the provi-
sion of data and information that meet the 
needs of user groups from the respective re-
gions; 
(E) formulate a process by which gaps in 
observation coverage or needs for capital im-
provements 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 ob-
servation data gathered through the System to 
all end-user communities; 
(G) implement a program of public edu-
cation and outreach to improve public aware-
ness 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 accom-
plishments, 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 para-
graph (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 Inter-
agency Working Group via the Administrator; 
(C) demonstrate an organizational struc-
ture and strategic operational plan to ensure 
the efficient and effective administration of pro-
grams and assets to support daily data observa-
tions for integration into the System; 
(D) comply with all financial oversight re-
quirements established by the Administrator, 
including requirements relating to audits; and 
(E) demonstrate a capability to work with 
other governmental and nongovernmental enti-
ties at all levels to identify and provide informa-
tion products of the System for multiple users 
within the service area of the Regional Informa-
tion 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 Work-
ing Group. 
(B) PURPOSE.—The purpose of the Sys-
tem Advisory Committee is to advise the Ad-
ministrator and the Interagency Working Group 
on— 
(i) administration, operation, manage-
ment, and maintenance of the System, in-
cluding 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 moderniza-
tion and upgrade of technology components 
of the System; 
(iii) identification of end-user commu-
nities, their needs for information provided 
by the System, and the System’s effective-
ness 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 Advi-
sory Committee shall be composed of mem-
bers appointed by the Administrator. Mem-
bers shall be qualified by education, train-
ing, and experience to evaluate scientific 
and technical information related to the 
design, operation, maintenance, or use of 
the System, or use of data products pro-
vided through the System. 
(ii) TERMS
OF
SERVICE.—Members 
shall be appointed for 3-year terms, renew-
able once. A vacancy appointment shall be 
for the remainder of the unexpired term of 
the vacancy, and an individual so ap-
pointed 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 Adminis-
trator shall designate a chairperson from 
among the members of the System Advi-
sory Committee. 
(iv) APPOINTMENT.—Members of the 
System Advisory Committee shall be ap-
pointed as special Government employees 
for purposes of section 202(a) of title 18, 
United States Code. 
(D) ADMINISTRATIVE PROVISIONS.—
(i) REPORTING.—The System Advi-
sory Committee shall report to the Admin-
istrator and the Interagency Working 
Group, as appropriate. 
(ii) ADMINISTRATIVE SUPPORT.—The 
Administrator shall provide administrative 
support to the System Advisory Com-
mittee. 
(iii) MEETINGS.—The System Advi-
sory Committee shall meet at least once 
each year, and at other times at the call of 
the Administrator, the Interagency Work-
ing Group, or the chairperson. 
(iv) 
COMPENSATION
AND
EX-
PENSES.—Members of the System Advi-
sory 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 Advi-
sory Committee.
(6) CIVIL LIABILITY.—For purposes of deter-
mining liability arising from the dissemination and 
use of observation data gathered pursuant to this 
section, any non-Federal asset or Regional Informa-
tion Coordination Entity that is certified under 
paragraph (3)(D) and that is participating in the 
System shall be considered to be part of the Na-
tional 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 car-
rying 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 avail-
ability of appropriations, may participate in inter-
agency financing and share, transfer, receive, obli-
gate, and expend funds appropriated to any member 
agency for the purposes of carrying out any adminis-
trative or programmatic project or activity to further 
the purposes of this section, including support for 
the Interagency Working Group, the Interagency Co-
ordinating Program Office, a common infrastruc-
ture, and integration to expand or otherwise enhance 
the System. 
(2) JOINT CENTERS AND AGREEMENTS.—Mem-
ber 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 agen-
cy 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 Ad-
ministrator through the Council shall submit to Con-
gress a report that describes the status of the Sys-
tem and progress made to achieve the purposes of 
this section and the goals identified under the Sys-
tem Plan. 
(2) CONTENTS.—The report shall include dis-
cussion of the following:
(A) Identification of Federal and non-Fed-
eral assets as determined by the Council that 
have been integrated into the System, including 
assets essential to the gathering of required ob-
servation 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 capabili-
ties 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, na-
tionally and on the regional level, and discus-
sion of the performance and effectiveness of Re-
gional Information Coordination Entities to co-
ordinate 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. 
(E) Recommendations for operational im-
provements 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 Admin-
istrator, through the Council, shall submit to Con-
gress 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 Govern-
ment, the States, Regional Information Coordination En-
tities, the academic community, and the private sector in 
providing to end-user communities environmental informa-
tion, products, technologies, and services related to the 
System. The Council shall publish the policy in the Fed-
eral 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 enact-
ment of this Act. 
(j) INDEPENDENT COST ESTIMATE.—The Inter-
agency Working Group, through the Administrator and 
the Director of the National Science Foundation, shall ob-
tain 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, includ-
ing 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 Con-
gress 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 devel-
opment or procurement of new Federal assets for the Sys-
tem 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. 
Passed the House of Representatives March 31, 
2008. 
Attest: 
Clerk.