I 
110TH CONGRESS 
2D SESSION 
H. R. 7144 
To provide for a national biological data center, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 26, 2008 
Mr. DUNCAN introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To provide for a national biological data center, 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. NATIONAL BIOLOGICAL DATA CENTER. 
(a) IN GENERAL.—The Secretary of the Interior, act-
ing through the United States Geological Survey, shall— 
(1) establish a national biological data center 
(in this Act referred to as the ‘‘center’’) to collect 
nonhuman biological data and make such data avail-
able for public use; and 
(2) seek to enter into a contract with a small 
business for the purpose of managing the center. 
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(b) CONTRACT TERM.—The contract under sub-
section (a) shall have a term of 10 years. 
(c) ENTITY SELECTION.— 
(1) COMPETITIVE
PROCEDURES.—The Sec-
retary shall use competitive procedures (as defined 
in section 4(5) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(5))) to enter into the con-
tract under subsection (a). 
(2) QUALIFICATION REQUIREMENTS.—To qual-
ify to participate in the competitive procedures 
under paragraph (1), a small business shall have— 
(A) no more than 500 employees; 
(B) demonstrated expertise in— 
(i) managing scientific and technical 
information; 
(ii) implementing scientific informa-
tion projects; 
(iii) presenting scientific data in an 
objective manner; and 
(iv) managing interagency collabora-
tions related to scientific and technical in-
formation; 
(C) demonstrated involvement with bio-
diversity information programs and the Na-
tional Biological Information Infrastructure of 
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the United States Geological Survey (through 
partnership or other form of collaboration); and 
(D) a demonstrated ability and willingness 
to partner with a research university and a na-
tional laboratory with expertise in biodiversity 
and computational sciences. 
(d) LEADERSHIP.—The head of the center shall be 
appointed by the Secretary, in consultation with the pro-
gram director of the National Biological Information In-
frastructure. 
(e) DUTIES OF THE NATIONAL BIOLOGICAL DATA 
CENTER.—The duties of the center shall be determined 
by the Secretary and shall include, at a minimum, the fol-
lowing activities: 
(1) Collect nonhuman biological data from Fed-
eral, public, private, and nonprofit entities, includ-
ing— 
(A) the National Biological Information 
Infrastructure; and 
(B) institutions and organizations that 
partner with the National Biological Informa-
tion Infrastructure. 
(2) Develop partnerships with public and pri-
vate entities that are nationally recognized for com-
putational capabilities and computer capacity to 
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allow the center to efficiently develop a digital net-
work for the storage and retrieval of data collected 
under paragraph (1). 
(3) Develop partnerships with academic and sci-
entific institutions in the United States to increase 
the quantity of data— 
(A) collected under paragraph (1); and 
(B) made available for public use under 
paragraph (4). 
(4) Subject to Federal statutes and regulations 
relating to the disclosure of information collected 
under paragraph (1), including statutes and regula-
tions related to intellectual property and section 552 
of title 5, United States Code, make available for 
use by Federal, State, and local governments and 
members of the public any federally funded data col-
lected under paragraph (1). 
(5) Make the data described in paragraph (4) 
available— 
(A) through a single electronic search 
function; or 
(B) in any case in which such data is not 
electronically maintained, at a one location. 
(6) Organize and manage data collected under 
paragraph (1) in a manner that— 
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(A) enables efficient and effective use of 
the data by the public; 
(B) presents the data in an objective man-
ner; and 
(C) is consistent with efforts made by the 
National Biological Information Infrastructure 
to organize and manage nonhuman biological 
data for public use. 
(7) Prepare compilations that combine data 
from multiple data sets to improve the ease of use 
of such data sets by Federal, State, and local gov-
ernments and by members of the public. 
(8) Conduct public awareness activities that 
promote the use of the data made available under 
paragraph (4) for purposes of encouraging— 
(A) economic development; 
(B) the development of public policy (in-
cluding policy relating to land use, economic de-
velopment, conservation, and preservation); 
(C) scientific research; and 
(D) science, technology, engineering, and 
mathematics education. 
(9) Hold an annual conference on nonhuman 
biological data collection for experts from Federal, 
State, and local governments and public and private 
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entities for the purpose of providing advice to the 
head of the center related to improving the perform-
ance of the center. 
(10) Collect fees from State and local govern-
ments and members of the public for the use of— 
(A) compilations prepared under para-
graph (7); and 
(B) other products produced by the center, 
except that the center may not collect a fee 
solely for accessing data collected by the center 
from another source. 
(f) DUTIES OF OTHER ENTITIES.— 
(1) IN GENERAL.—Subject to Federal statutes 
and regulations relating to the disclosure of informa-
tion collected under subsection (d)(1), including stat-
utes and regulations related to intellectual property 
and section 552 of title 5, United States Code, any 
entity that collects or stores federally funded data on 
or after the end of the one-year period beginning on 
the date of enactment of this Act shall submit or 
make available such data to the center, in a form 
and manner described in standards published by the 
center, unless such data has been submitted to the 
National Biological Information Infrastructure. 
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(2) NATIONAL
BIOLOGICAL
INFORMATION
IN-
FRASTRUCTURE.—Subject to Federal statutes and 
regulations relating to the disclosure of information 
collected under subsection (d)(1), including statutes 
and regulations related to intellectual property and 
section 552 of title 5, United States Code, the Na-
tional Biological Information Infrastructure shall 
submit or make available to the center, in a form 
and manner described in standards published by the 
center, all federally funded data that it stores or re-
ceives. 
(g) AVAILABILITY OF FEES.—Subject to appropria-
tion, fees collected under subsection (d)(10) shall remain 
available for use by the center for activities under sub-
section (d). 
(h) REPORTS.— 
(1) ANNUAL
REPORT
TO
SECRETARY.—Not 
later than January 1 of each year following the date 
of enactment of this Act, the head of the center shall 
submit to the Secretary of the Interior an annual re-
port containing— 
(A) information on the activities of the 
center during the preceding fiscal year and the 
plans of the center for activities in the current 
fiscal year; and 
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(B) such additional information as the Sec-
retary may require. 
(2) ANNUAL REPORT TO CONGRESS.—Not later 
than April 1 of each year following the date of en-
actment of this Act, the Secretary of the Interior 
shall submit to Congress an annual report on— 
(A) information on the activities of the 
center during the preceding fiscal year and the 
plans of the center for activities in the current 
fiscal year; and 
(B) the administration of the contract en-
tered into under subsection (a). 
(i) FEDERALLY FUNDED DATA DEFINED.—For pur-
poses of this Act, the term ‘‘federally-funded data’’ means 
nonhuman biological data that is collected, maintained, or 
stored, in whole or in part, through the use of Federal 
funds. 
(j) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$8,000,000 per fiscal year. Amounts appropriated under 
this subsection shall remain available until expended. 
Æ 
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