H. R. 146—441 
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-Fed-
eral assets; 
(G) subject to the availability of appropriations, estab-
lish through one or more participating Federal agencies, 
in consultation with the System advisory committee estab-
lished 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 deploy-
ment; 
(H) periodically review and recommend to the Council, 
in consultation with the Administrator, revisions to the 
System Plan; 
(I) ensure collaboration among Federal agencies partici-
pating 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 informa-
tion 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 con-
tracts, leases, grants or cooperative agreements with non- 
Federal assets, including regional information coordination 
entities, to support the purposes of this subtitle 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 imple-
ment a process for the periodic review and evaluation of
H. R. 146—442 
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 enti-
ties, the Administrator, or other members of the System 
and transmitted to the Interagency Ocean Observing Com-
mittee; 
(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 out-
reach to improve public awareness of global climate change 
and effects on the ocean, coastal, and Great Lakes environ-
ment; 
(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 subtitle and the System 
Plan. 
(4) REGIONAL INFORMATION COORDINATION ENTITIES.— 
(A) IN GENERAL.—To be certified or established under 
this subtitle, a regional information coordination entity 
shall be certified or established by contract or agreement 
by the Administrator, and shall agree to meet the certifi-
cation 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
H. R. 146—443 
and beneficiaries of the System and other requirements 
specified under this subtitle 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 recommenda-
tions 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 Inter-
agency Ocean Observing Committee via the Program 
Office; 
(iii) develop and operate under a strategic oper-
ational 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 informa-
tion coordination entities; and 
(v) comply with all financial oversight require-
ments established by the Administrator, including 
requirements relating to audits. 
(B) PARTICIPATION.—For the purposes of this subtitle, 
employees of Federal agencies may participate in the func-
tions of the regional information coordination entities. 
(d) SYSTEM ADVISORY COMMITTEE.— 
(1) IN GENERAL.—The Administrator shall establish or des-
ignate 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 com-
mittee is to advise the Administrator and the Interagency 
Ocean Observing Committee on— 
(A) 
administration, 
operation, 
management, 
and 
maintenance of the System, including integration of Fed-
eral and non-Federal assets and data management and 
communication aspects of the System, and fulfillment of 
the purposes set forth in section 12302; 
(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
H. R. 146—444 
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 informa-
tion 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 subtitle, with 
respect to tort liability, is deemed to be an employee of the Federal 
Government. 
(f) LIMITATION.—Nothing in this subtitle shall be construed 
to invalidate existing certifications, contracts, or agreements 
between regional information coordination entities and other ele-
ments of the System. 
SEC. 12305. INTERAGENCY FINANCING AND AGREEMENTS. 
(a) IN GENERAL.—To carry out interagency activities under 
this subtitle, 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,