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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, 
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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-
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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-
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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.— 
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(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. 
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(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-
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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: 
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(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. 
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(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 
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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: 
LORRAINE C. MILLER, 
Clerk. 
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