I 
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. THOMP-
SON
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 Com-
mittee on Science and Technology, for a period to be subsequently deter-
mined 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 Representa-
tives 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— 
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(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 re-
gional level by a network of regional information co-
ordination entities, and that includes in situ, remote, 
and other coastal and ocean observation, tech-
nologies, and data management and communication 
systems, and is designed to address regional and na-
tional needs for ocean information, to gather specific 
data on key coastal, ocean, and Great Lakes vari-
ables, and to ensure timely and sustained dissemina-
tion and availability of these data to— 
(A) support national defense, marine com-
merce, navigation safety, weather, climate, and 
marine forecasting, energy siting and produc-
tion, economic development, ecosystem-based 
marine, coastal, and Great Lakes resource man-
agement, 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 
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(C) enable advances in scientific under-
standing to support the sustainable use, con-
servation, management, and understanding of 
healthy ocean, coastal, and Great Lakes re-
sources; 
(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; and 
(3) authorize activities to promote basic and ap-
plied 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, 
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: 
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ 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 estab-
lished by section 7902 of title 10, United States 
Code. 
(3) FEDERAL ASSETS.—The term ‘‘Federal as-
sets’’ means all relevant non-classified civilian coast-
al 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 OCEAN OBSERVATION COM-
MITTEE.—The term ‘‘Interagency Ocean Observa-
tion 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 
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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’’ means an orga-
nizational body that is certified or established 
by contract or memorandum by the lead Fed-
eral agency designated in section 4(c)(3) of this 
Act and coordinates State, Federal, local, and 
private interests at a regional level with the re-
sponsibility 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 infor-
mation 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 Na-
tional Oceanic and Atmospheric Administration. 
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(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 pur-
poses 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 pur-
poses of this Act, the System shall be national in 
scope and consist of— 
(A) Federal assets to fulfill national and 
international observation missions and prior-
ities; 
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(B) non-Federal assets, including a net-
work of regional information coordination enti-
ties 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 under-
standing of coastal and ocean systems and 
their relationships to human activities and 
to ensure improvement of operational as-
sets and products, including related infra-
structure, observing technologies, and in-
formation and data processing and man-
agement technologies; and 
(ii) large scale computing resources 
and research to advance modeling of coast-
al and ocean processes. 
(2) ENHANCING
ADMINISTRATION
AND
MAN-
AGEMENT.—The head of each Federal agency that 
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has administrative jurisdiction over a Federal asset 
shall support the purposes of this Act and may take 
appropriate actions to enhance internal agency ad-
ministration and management to better support, in-
tegrate, finance, and utilize observation data, prod-
ucts, 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 other-
wise restricted for integration, management, and dis-
semination by the System. 
(4) NON-FEDERAL
ASSETS.—Non-Federal as-
sets shall be coordinated, as appropriate, by the 
Interagency Ocean Observing Committee or by re-
gional information coordination entities. 
(c) POLICY OVERSIGHT, ADMINISTRATION, AND RE-
GIONAL 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 re-
sponsibilities under this Act, the Council shall— 
(A) approve and adopt comprehensive Sys-
tem budgets developed and maintained by the 
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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 observ-
ing activities including the Global Ocean Ob-
serving 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 develop-
ment, and a process to transition developing 
technology and methods into operations of the 
System. 
(2) INTERAGENCY OCEAN OBSERVATION COM-
MITTEE.—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, mainte-
nance, enhancement and expansion of the Sys-
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tem 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 an-
nual 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 com-
munication; 
(E) develop contract certification stand-
ards and compliance procedures for all non- 
Federal assets, including regional information 
coordination entities, to establish eligibility for 
integration into the System and to ensure com-
pliance with all applicable standards and proto-
cols established by the Council, and ensure that 
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regional observations are integrated into the 
System on a sustained basis; 
(F) identify gaps in observation coverage 
or needs for capital improvements of both Fed-
eral assets and non-Federal assets; 
(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 subsection (d), a competitive matching 
grant or other programs— 
(i) to promote intramural and extra-
mural research and development of new, 
innovative, and emerging observation tech-
nologies 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 Adminis-
trator, revisions to the System Plan; 
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(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 func-
tion as the lead Federal agency for the implementa-
tion and administration of the System, in consulta-
tion with the Council, the Interagency Ocean Obser-
vation Committee, other Federal agencies that main-
tain portions of the System, and the regional infor-
mation coordination entities, and shall— 
(A) establish an Integrated Ocean Observ-
ing Program Office within the National Oceanic 
and Atmospheric Administration utilizing to the 
extent necessary, personnel from member agen-
cies participating on the Interagency Ocean Ob-
servation Committee, to oversee daily operations 
and coordination of the System; 
(B) implement policies, protocols, and 
standards approved by the Council and dele-
gated by the Interagency Ocean Observing 
Committee; 
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(C) promulgate program guidelines to cer-
tify 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 informa-
tion coordination entities; 
(F) provide opportunities for competitive 
contracts and grants for demonstration projects 
to design, develop, integrate, deploy, and sup-
port components of the System; 
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(G) establish efficient and effective admin-
istrative procedures for allocation of funds 
among contractors, grantees, and non-Federal 
assets, including regional information coordina-
tion 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 cap-
ital 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 ac-
cordance with standards and protocols estab-
lished by the Council, by which all data col-
lected by the System regarding ocean and 
coastal waters of the United States including 
the Great Lakes, are processed, stored, inte-
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grated, and made available to all end-user com-
munities; 
(K) 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; 
(L) report annually to the Interagency 
Ocean Observing Committee on the accomplish-
ments, operational needs, and performance of 
the System to contribute to the annual and 
long-term plans developed pursuant to sub-
section (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 es-
tablished under this Act, a regional information 
coordination entity shall be certified or estab-
lished by contract or agreement by the Adminis-
trator, and shall agree to meet the certification 
standards and compliance procedure guidelines 
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issued by the Administrator and information 
needs of user groups in the region while adher-
ing 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 cov-
erage 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 Ob-
serving Committee via the Program Office; 
(iii) develop and operate under a stra-
tegic operational plan that will ensure the 
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efficient and effective administration of 
programs and assets to support daily data 
observations for integration into the Sys-
tem, pursuant to the standards approved 
by the Council; 
(iv) work cooperatively with govern-
mental and non-governmental entities at 
all levels to identify and provide informa-
tion products of the System for multiple 
users within the service area of the re-
gional information coordination entities; 
and 
(v) comply with all financial oversight 
requirements established by the Adminis-
trator, 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 in-
formation coordination entities. 
(d) SYSTEM ADVISORY COMMITTEE.— 
(1) IN GENERAL.—The Administrator shall es-
tablish or designate a System advisory committee, 
which shall provide advice as may be requested by 
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the Administrator or the Interagency Ocean Observ-
ing Committee. 
(2) PURPOSE.—The purpose of the System ad-
visory committee is to advise the Administrator and 
the Interagency Ocean Observing Committee on— 
(A) administration, operation, manage-
ment, and maintenance of the System, includ-
ing integration of Federal and non-Federal as-
sets 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 Sys-
tem, and the System’s effectiveness in dissemi-
nating information to end-user communities 
and the general public; and 
(D) any other purpose identified by the 
Administrator or the Interagency Ocean Ob-
serving Committee. 
(3) MEMBERS.— 
(A) IN
GENERAL.—The System advisory 
committee shall be composed of members ap-
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pointed 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 remain-
der of the unexpired term of the vacancy, and 
an individual so appointed may subsequently be 
appointed for 2 full 3-year terms if the remain-
der 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 Sys-
tem 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. 
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(B) ADMINISTRATIVE SUPPORT.—The Ad-
ministrator 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 Adminis-
trator, the Interagency Ocean Observing Com-
mittee, 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 ac-
cordance with subchapter I of chapter 57 of 
title 5, United States Code. 
(E) EXPIRATION.—Section 14 of the Fed-
eral Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the System advisory com-
mittee. 
(e) CIVIL LIABILITY.—For purposes of determining 
liability arising from the dissemination and use of observa-
tion data gathered pursuant to this section, any non-Fed-
eral asset or regional information coordination entity in-
corporated into the System by contract, lease, grant, or 
cooperative agreement under subsection (c)(3)(D) that is 
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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 in-
formation coordination entity, while operating within the 
scope of his or her employment in carrying out the pur-
poses 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 con-
strued to invalidate existing certifications, contracts, or 
agreements between regional information coordination en-
tities and other elements of the System. 
SEC. 5. INTERAGENCY FINANCING AND AGREEMENTS. 
(a) IN GENERAL.—To carry out interagency activi-
ties under this Act, the Secretary of Commerce may exe-
cute 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 agen-
cies of the Council shall have the authority to create, sup-
port, 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. 
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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 there-
after, 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 vari-
ables necessary to meet the respective missions of 
Council agencies; 
(4) a review of procurements, planned or initi-
ated, by each Council agency to enhance, expand, or 
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modernize the observation capabilities and data 
products provided by the System, including data 
management and communication subsystems; 
(5) an assessment regarding activities to inte-
grate Federal and non-Federal assets, nationally and 
on the regional level, and discussion of the perform-
ance and effectiveness of regional information co-
ordination 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 subse-
quent fiscal years; and 
(8) the results of a periodic external inde-
pendent 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 Fed-
eral Government, the States, regional information coordi-
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nation 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 enact-
ment 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 esti-
mate for operations and maintenance of existing Federal 
assets of the System, and planned or anticipated acquisi-
tion, 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 inde-
pendent 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 supple-
ment, and not replace, existing sources of funding for 
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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 Sec-
retary 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 coordi-
nated System budget developed by the Interagency Ocean 
Observation Committee and submitted to the Congress. 
Æ 
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