[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 950 Reported in Senate (RS)]
Calendar No. 466
110th CONGRESS
1st Session
S. 950
[Report No. 110-217]
To develop and maintain an integrated system of coastal and ocean
observations for the Nation's coasts, oceans, and Great Lakes, to
improve warnings of tsunami, hurricanes, El Nino events, and other
natural hazards, to enhance homeland security, to support maritime
operations, to improve management of coastal and marine resources, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2007
Ms. Snowe (for herself, Ms. Cantwell, Mr. Inouye, Mr. Stevens, Mrs.
Boxer, Mr. Cardin, Mr. Kerry, Mr. Menendez, Ms. Collins, Mr.
Lautenberg, Mr. Lott, Mrs. Feinstein, Mr. Nelson of Florida, Ms.
Murkowski, and Mr. Wyden) introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
November 2, 2007
Reported by Mr. Inouye, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To develop and maintain an integrated system of coastal and ocean
observations for the Nation's coasts, oceans, and Great Lakes, to
improve warnings of tsunami, hurricanes, El Nino events, and other
natural hazards, to enhance homeland security, to support maritime
operations, to improve management of coastal and marine resources, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Coastal and Ocean
Observation System Act of 2007''.</DELETED>
<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>
<DELETED> (a) Findings.--Congress finds the following:</DELETED>
<DELETED> (1) The United States Commission on Ocean Policy
recommends a national commitment to a sustained and integrated
coastal and ocean observing system and to coordinated research
programs which would provide vital information to assist the
Nation and the world in understanding, monitoring, and
predicting changes to the ocean and coastal resources and the
global climate system, enhancing homeland security, improving
weather and climate forecasts, strengthening management and
sustainable use of coastal and ocean resources, improving the
safety and efficiency of maritime operations, and mitigating
the impacts of marine hazards.</DELETED>
<DELETED> (2) The continuing and potentially devastating
threat posed by tsunami, hurricanes, storm surges, and other
marine hazards requires immediate implementation of
strengthened observation and communications, and data
management systems to provide timely detection, assessment, and
warnings and to support response strategies for the millions of
people living in coastal regions of the United States and
throughout the world.</DELETED>
<DELETED> (3) Safeguarding homeland security, conducting
search and rescue operations, responding to natural and manmade
coastal hazards (such as oil spills and harmful algal blooms),
and managing fisheries and other coastal activities each
require improved understanding and monitoring of the Nation's
waters, coastlines, ecosystems, and resources, including the
ability to provide rapid response teams with real-time
environmental conditions necessary for their work.</DELETED>
<DELETED> (4) The 95,000-mile coastline of the United
States, including the Great Lakes, is vital to the Nation's
prosperity, contributing over $117 billion to the national
economy in 2000, supporting jobs for more than 200 million
Americans, handling $700 billion in waterborne commerce, and
supporting commercial and sport fisheries valued at more than
$50 billion annually.</DELETED>
<DELETED> (5) Ensuring the effective implementation of
National and State programs to protect unique coastal and ocean
habitats, such as wetlands and coral reefs, and living marine
resources requires a sustained program of research and
monitoring to understand these natural systems and detect
changes that could jeopardize their long term
viability.</DELETED>
<DELETED> (6) Many elements of a coastal and ocean observing
system are in place, but require national investment,
consolidation, completion, and integration among international,
Federal, regional, State, and local elements.</DELETED>
<DELETED> (7) In 2003, the United States led more than 50
nations in affirming the vital importance of timely, reliable,
long-term global observations as a basis for sound decision-
making, recognizing the contribution of observation systems to
meet national, regional, and global needs, and calling for
strengthened cooperation and coordination in establishing a
Global Earth Observation System of Systems, of which an
integrated coastal and ocean observing system is an essential
part.</DELETED>
<DELETED> (8) Protocols and reporting for observations,
measurements, and other data collection for a coastal and ocean
observing system should be standardized to facilitate data use
and dissemination.</DELETED>
<DELETED> (9) Key variables, including temperature,
salinity, sea level, surface currents, and ocean color, should
be collected to address a variety of informational
needs.</DELETED>
<DELETED> (b) Purposes.--The purposes of this Act are to establish
an integrated national system of ocean, coastal, and Great Lakes
observing systems to address regional and national needs for ocean
information and to provide for--</DELETED>
<DELETED> (1) the planning, development, implementation, and
maintenance of an integrated coastal and ocean observing system
that provides data and information to sustain and restore
healthy marine, coastal, and Great Lakes ecosystems and manage
the resources they support, aid marine navigation safety and
national security, support economic development, enable
advances in scientific understanding of the oceans and the
Great Lakes, and strengthen science education and
communication;</DELETED>
<DELETED> (2) implementation of research, development,
education, and outreach programs to improve understanding of
the marine environment and achieve the full national benefits
of an integrated coastal and ocean observing system;</DELETED>
<DELETED> (3) implementation of a data, information
management, and modeling system required by all components of
an integrated coastal and ocean observing system and related
research to develop early warning systems to more effectively
predict and mitigate impacts of natural hazards, improve
weather and climate forecasts, conserve healthy and restore
degraded coastal ecosystems, and ensure usefulness of data and
information for users; and</DELETED>
<DELETED> (4) establishment of a network of regional
associations to operate and maintain regional coastal and ocean
observing systems to ensure fulfillment of national objectives
at regional scales and to address state and local needs for
ocean information and data products.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Administrator.--The term ``Administrator''
means Administrator of the National Oceanic and Atmospheric
Administration.</DELETED>
<DELETED> (2) Council.--The term ``Council'' means the
National Ocean Research Leadership Council established by
section 7902 of title 10, United States Code.</DELETED>
<DELETED> (3) Integrated ocean observing program office.--
The term ``Integrated Ocean Observing Program Office'' means a
program office within the National Oceanic and Atmospheric
Administration to integrate its ocean observing assets and
implement the requirements under section 4(d).</DELETED>
<DELETED> (4) Interagency program office.--The term
``Interagency Program Office'' means the office established
under section 4(e).</DELETED>
<DELETED> (5) National oceanographic partnership program.--
The term ``National Oceanographic Partnership Program'' means
the program established under section 7901 of title 10, United
States Code.</DELETED>
<DELETED> (6) Observing system.--The term ``observing
system'' means the integrated coastal, ocean, and Great Lakes
observing system to be established by the Council under section
4(a).</DELETED>
<DELETED> (7) Secretary.--The term ``Secretary'' means the
Secretary of Commerce, acting through the National Oceanic and
Atmospheric Administration.</DELETED>
<DELETED>SEC. 4. INTEGRATED COASTAL AND OCEAN OBSERVING
SYSTEM.</DELETED>
<DELETED> (a) Establishment.--The President, acting through the
Council, shall establish and maintain an integrated system of coastal
and ocean observations, data communication and management, analysis,
modeling, research, education, and outreach designed to understand
current conditions and provide data and information for the timely
detection and prediction of changes occurring in the ocean, coastal and
Great Lakes environment that impact the Nation's social, economic, and
ecological systems. The observing system shall provide for long-term,
continuous and quality-controlled observations of the Nation's coasts,
oceans, and Great Lakes in order to--</DELETED>
<DELETED> (1) understand the effects of human activities and
natural variability on and improve the health of the Nation's
coasts, oceans, and Great Lakes;</DELETED>
<DELETED> (2) measure, track, explain, and predict climatic
and environmental changes and protect human lives and
livelihoods from hazards such as tsunami, hurricanes, storm
surges, coastal erosion, levy breaches, and fluctuating water
levels;</DELETED>
<DELETED> (3) supply critical information to marine-related
businesses such as marine transportation, aquaculture,
fisheries, and offshore energy production and aid marine
navigation and safety;</DELETED>
<DELETED> (4) support national defense and homeland security
efforts;</DELETED>
<DELETED> (5) support the sustainable use, conservation,
management, and enjoyment of healthy ocean, coastal, and Great
Lakes resources, better understand the interactions of ocean
processes within the coastal zone, and support implementation
and refinement of ecosystem-based management and
restoration;</DELETED>
<DELETED> (6) support the protection of critical coastal
habitats, such as coral reefs and wetlands, and unique
ecosystems and resources;</DELETED>
<DELETED> (7) educate the public about the role and
importance of the oceans, coasts, and Great Lakes in daily
life; and</DELETED>
<DELETED> (8) support research and development to ensure
improvement to ocean, coastal, and Great Lakes observation
measurements and to enhance understanding of the Nation's
ocean, coastal, and Great Lakes resources.</DELETED>
<DELETED> (b) System Elements.--In order to fulfill the purposes of
this Act, the observing system shall consist of the following program
elements:</DELETED>
<DELETED> (1) A national program to fulfill national and
international observation priorities.</DELETED>
<DELETED> (2) A network of regional associations to manage
the regional coastal and ocean observing and information
programs that collect, measure, and disseminate data and
information products.</DELETED>
<DELETED> (3) Data management, communication, and modeling
systems for the timely integration and dissemination of data
and information products from the national and regional
systems.</DELETED>
<DELETED> (4) A research and development program conducted
under the guidance of the Council; including projects under the
National Oceanographic Partnership Program, consisting of the
following:</DELETED>
<DELETED> (A) Basic research to advance knowledge of
coastal and ocean systems and ensure improvement of
operational products, including related infrastructure,
observing technology, and information
technology.</DELETED>
<DELETED> (B) Focused research and technology
development projects to improve understanding of the
relationship between the coasts and oceans and human
activities.</DELETED>
<DELETED> (C) Large scale computing resources and
research to advance modeling of coastal and ocean
processes.</DELETED>
<DELETED> (5) A coordinated outreach, education, and
training program that integrates and augments existing programs
(such as the National Sea Grant College Program, the Centers
for Ocean Sciences Education Excellence program, and the
National Estuarine Research Reserve System), to ensure the use
of data and information for improving public education and
awareness of the Nation's coastal and ocean environment and
building the technical expertise required to operate and
improve the observing system.</DELETED>
<DELETED> (c) Council Functions.--The Council shall serve as the
oversight body for the design and implementation of all aspects of the
observing system. In carrying out its responsibilities under this
section, the Council shall--</DELETED>
<DELETED> (1) adopt plans, budgets, and standards that are
developed and maintained by the Interagency Program Office in
consultation with the regional associations;</DELETED>
<DELETED> (2) coordinate the observing system with other
earth observing activities including the Global Ocean Observing
System and the Global Earth Observing System of
Systems;</DELETED>
<DELETED> (3) coordinate and approve programs of intramural
and extramural research, technology development, education, and
outreach to support improvements to and the operation of an
integrated coastal and ocean observing system and to advance
the understanding of the oceans;</DELETED>
<DELETED> (4) promote development of technology and methods
for improving the observing system;</DELETED>
<DELETED> (5) support the development of institutional
mechanisms and financial instruments to further the goals of
the program and provide for the capitalization of the required
infrastructure;</DELETED>
<DELETED> (6) provide, as appropriate, support for and
representation on United States delegations to international
meetings on coastal and ocean observing programs, including
those under the jurisdiction of the International Joint
Commission involving Canadian waters; and</DELETED>
<DELETED> (7) in consultation with the Secretary of State,
support coordination of relevant Federal activities with those
of other nations.</DELETED>
<DELETED> (d) Lead Federal Agency.--The National Oceanic and
Atmospheric Administration shall be the lead Federal agency for
implementation and administration of the observing system and to carry
out the responsibilities of this Act, in consultation with the Council,
the Interagency Program Office, other Federal Agencies that maintain
portions of the observing system and the Regional Associations, shall--
</DELETED>
<DELETED> (1) establish an Integrated Ocean Observing
Program Office;</DELETED>
<DELETED> (2) integrate, improve, and extend existing
programs and research projects, and ensure that regional
associations are integrated into the operational observation
system on a sustained basis;</DELETED>
<DELETED> (3) integrate the appropriate capabilities of the
National Oceanic and Atmospheric Administration, and other
appropriate centers, into the observing system for the purpose
of assimilating, managing, disseminating, and archiving data
from regional observation systems and other observation
systems;</DELETED>
<DELETED> (4) provide for the migration of scientific and
technological advances from research and development to
operational deployment;</DELETED>
<DELETED> (5) provide for opportunities to contract with
private sector companies in designing, developing, integrating,
and deploying ocean observation system elements;</DELETED>
<DELETED> (6) establish efficient and effective
administrative procedures for allocation of funds among Federal
agencies, contractors, grantees, and regional associations in a
timely manner, and contingent on appropriations according to
the budget adopted by the Council;</DELETED>
<DELETED> (7) develop and implement a process for the
certification and assimilation into the national ocean
observations network of the regional associations and their
periodic review and recertification and certify regional
associations that meet the requirements of subsection (f);
and</DELETED>
<DELETED> (8) develop a data management and communication
system, in accordance with the established standards and
protocols, by which all data collected by the observing system
regarding coastal waters of the United States are integrated
and available.</DELETED>
<DELETED> (e) Interagency Program Office.--</DELETED>
<DELETED> (1) Establishment.--The Council shall establish an
Interagency Program Office housed within the National Oceanic
and Atmospheric Administration.</DELETED>
<DELETED> (2) Responsibilities.--The Interagency Program
Office shall be responsible for program planning and
coordination of the implementation of the observing
system.</DELETED>
<DELETED> (3) Duties.--The Interagency Program Office shall
report to the Council via the Secretary and shall--</DELETED>
<DELETED> (A) prepare annual and long-term plans for
consideration and approval by the Council for the
design and implementation of the observing system that
promote collaboration among Federal agencies and
regional associations in developing global, national,
and regional observing systems, including
identification and refinement of a core set of
variables to be measured by all systems;</DELETED>
<DELETED> (B) coordinate the development of agency
and regional associations priorities and budgets to
implement, operate, and maintain the observing
systems;</DELETED>
<DELETED> (C) establish and refine standards and
protocols for data collection, management and
communications, including quality control standards, in
consultation with participating Federal agencies and
regional associations; and</DELETED>
<DELETED> (D) establish a process for assuring
compliance for all participating entities with the
standards and protocols for data management and
communications, including quality control
standards.</DELETED>
<DELETED> (f) Regional Associations of Coastal and Ocean Observing
Systems.--</DELETED>
<DELETED> (1) The Secretary shall initiate a rulemaking
proceeding to establish a process for the certification of
regional associations to be responsible for the development and
operation of regional coastal and ocean observing systems to
meet the information needs of user groups in the region while
adhering to national standards. To be certified a regional
association shall meet the certification standards developed by
the Interagency Program Office in conjunction with the regional
associations and approved by the Council and shall--</DELETED>
<DELETED> (A) demonstrate an organizational
structure capable of supporting and integrating all
aspects of coastal and ocean observing and information
programs within a region and that reflects broad
representation from state and local government,
commercial interests, and other users and beneficiaries
of marine information;</DELETED>
<DELETED> (B) operate under a strategic operations
and business plan that details the operation and
support of regional coastal and ocean observing systems
pursuant to the standards approved by the Council;
and</DELETED>
<DELETED> (C) work with governmental entities and
programs at all levels to identify and provide
information products of the observing system for
multiple users in the region to advance outreach and
education, to improve coastal and fishery management,
safe and efficient marine navigation, weather and
climate prediction, to enhance preparation for
hurricanes, tsunami, and other natural hazards, and
other appropriate activities.</DELETED>
<DELETED> (2) For the purposes of this Act, employees of
Federal agencies may participate in the functions of the
Regional Associations.</DELETED>
<DELETED> (g) Civil Liability.--For purposes of section 1346(b)(1)
and chapter 171 of title 28, United States Code, and chapters 309 and
311 of title 46, United States Code, any regional coastal and ocean
observing system that is a designated part of a regional association
certified under this section shall, with respect to tort liability
arising from the dissemination and use of the data, in carrying out the
purposes of this Act, be deemed to be part of the National Oceanic and
Atmospheric Administration, and any employee of such system, while
operating within the scope of his or her employment in carrying out
such purposes, shall be deemed to be an employee of the
Government.</DELETED>
<DELETED>SEC. 5. PROCESS FOR TRANSITION FROM RESEARCH TO
OPERATION.</DELETED>
<DELETED> The National Oceanic and Atmospheric Administration, in
consultation with the Council, shall formulate a process by which--
</DELETED>
<DELETED> (1) funding is made available for intramural and
extramural research on new technologies for collecting data
regarding coastal and ocean waters of the United
States;</DELETED>
<DELETED> (2) such technologies are tested including--
</DELETED>
<DELETED> (A) accelerated research into biological
and chemical sensing techniques and satellite sensors
for collecting such data; and</DELETED>
<DELETED> (B) developing technologies to improve all
aspects of the observing system, especially the
timeliness and accuracy of its predictive models and
the usefulness of its information products;
and</DELETED>
<DELETED> (3) funding is made available and a plan is
developed and executed to transition technology that has been
demonstrated to be useful for the observing system is
incorporated into use by the observing system.</DELETED>
<DELETED>SEC. 6. INTERAGENCY FINANCING.</DELETED>
<DELETED> The departments and agencies represented on the Council
are authorized to participate in interagency financing and share,
transfer, receive, obligate, and expend funds appropriated to any
member of the Council for the purposes of carrying out any
administrative or programmatic project or activity under this Act or
under the National Oceanographic Partnership Program, including support
for the Interagency Program Office, a common infrastructure, and system
integration for a coastal and ocean observing system. Funds may be
transferred among such departments and agencies through an appropriate
instrument that specifies the goods, services, or space being acquired
from another Council member and the costs of the same.</DELETED>
<DELETED>SEC. 7. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS
ACT.</DELETED>
<DELETED> Nothing in this Act supersedes, or limits the authority of
the Secretary of the Interior under, the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.).</DELETED>
<DELETED>SEC. 8. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There are authorized to be appropriated to the National
Oceanic and Atmospheric Administration for the implementation of this
Act, $150,000,000 for each of the fiscal years 2008 through 2012 and
such additional sums as may be necessary for each of the fiscal years
2008 through 2012. The Administrator shall provide such sums as are
necessary to the regional associations certified under section 4(f) for
implementation of regional coastal and ocean observing systems. Sums
appropriated pursuant to this section shall remain available until
expended.</DELETED>
<DELETED>SEC. 9. IMPLEMENTATION PLAN.</DELETED>
<DELETED> Not later than 12 months after the date of the enactment
of this Act, the Secretary shall submit to the Congress and the Council
a plan for implementation of this Act, including for--</DELETED>
<DELETED> (1) coordinating activities of the Secretary under
this Act with other Federal agencies; and</DELETED>
<DELETED> (2) distributing, to regional associations, funds
available to carry out this Act.</DELETED>
<DELETED>SEC. 10. REPORT TO CONGRESS.</DELETED>
<DELETED> (a) Requirement.--Not later than 2 years after the date of
the enactment of this Act and every 2 years thereafter, 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.</DELETED>
<DELETED> (b) Contents.--The report shall include the
following:</DELETED>
<DELETED> (1) A description of activities carried out under
the implementation plan and this Act.</DELETED>
<DELETED> (2) An evaluation of the effectiveness of the
observing system.</DELETED>
<DELETED> (3) Benefits of the program to users of data
products resulting from the observing system (including the
general public, industry, scientists, resource managers,
emergency responders, policy makers, and educators).</DELETED>
<DELETED> (4) Recommendations concerning--</DELETED>
<DELETED> (A) modifications to the observing system;
and</DELETED>
<DELETED> (B) funding levels for the observing
system in subsequent fiscal years.</DELETED>
<DELETED> (5) The results of a periodic external independent
programmatic audit of the observing system.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal and Ocean Observation System
Act of 2007''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The United States Commission on Ocean Policy recommends
a national commitment to a sustained and integrated coastal and
ocean observing system and to coordinated research programs
which would provide vital information to assist the Nation and
the world in understanding, monitoring, and predicting changes
to the ocean and coastal resources and the global climate
system, enhancing homeland security, improving weather and
climate forecasts, strengthening management and sustainable use
of coastal and ocean resources, improving the safety and
efficiency of maritime operations, and mitigating the impacts
of marine hazards.
(2) The continuing and potentially devastating threat posed
by tsunami, hurricanes, storm surges, and other marine hazards
requires immediate implementation of strengthened observation
and communications, and data management systems to provide
timely detection, assessment, and warnings and to support
response strategies for the millions of people living in
coastal regions of the United States and throughout the world.
(3) Safeguarding homeland security, conducting search and
rescue operations, responding to natural and manmade coastal
hazards (such as oil spills and harmful algal blooms), and
managing fisheries and other coastal activities each require
improved understanding and monitoring of the Nation's waters,
coastlines, ecosystems, and resources, including the ability to
provide rapid response teams with real-time environmental
conditions necessary for their work.
(4) The 95,000-mile coastline of the United States,
including the Great Lakes, is vital to the Nation's prosperity,
contributing over $117 billion to the national economy in 2000,
supporting jobs for more than 200 million Americans, handling
$700 billion in waterborne commerce, and supporting commercial
and sport fisheries valued at more than $50 billion annually.
(5) Ensuring the effective implementation of National and
State programs to protect unique coastal and ocean habitats,
such as wetlands and coral reefs, and living marine resources
requires a sustained program of research and monitoring to
understand these natural systems and detect changes that could
jeopardize their long term viability.
(6) Many elements of a coastal and ocean observing system
are in place, but require national investment, consolidation,
completion, and integration among international, Federal,
regional, State, and local elements.
(7) In 2003, the United States led more than 50 nations in
affirming the vital importance of timely, reliable, long-term
global observations as a basis for sound decision-making,
recognizing the contribution of observation systems to meet
national, regional, and global needs, and calling for
strengthened cooperation and coordination in establishing a
Global Earth Observation System of Systems, of which an
integrated coastal and ocean observing system is an essential
part.
(8) Protocols and reporting for observations, measurements,
and other data collection for a coastal and ocean observing
system should be standardized to facilitate data use and
dissemination.
(9) Key variables, including temperature, salinity, sea
level, surface currents, ocean color, nutrients, and variables,
such as acidity, that may indicate the occurrence and impacts
of ocean acidification, should be collected to address a
variety of informational needs.
(b) Purposes.--The purposes of this Act are to establish an
integrated national system of ocean, coastal, and Great Lakes observing
systems to address regional and national needs for ocean information
and to provide for--
(1) the planning, development, implementation, and
maintenance of an integrated coastal and ocean observing system
that provides data and information to sustain and restore
healthy marine, coastal, and Great Lakes ecosystems and manage
the resources they support, aid marine navigation safety and
national security, support economic development, enable
advances in scientific understanding of the oceans and the
Great Lakes, and strengthen science education and
communication;
(2) implementation of research, development, education, and
outreach programs to improve understanding of the marine
environment and achieve the full national benefits of an
integrated coastal and ocean observing system;
(3) implementation of a data, information management, and
modeling system required by all components of an integrated
coastal and ocean observing system and related research to
develop early warning systems to more effectively predict and
mitigate impacts of natural hazards, improve weather and
climate forecasts, conserve healthy and restore degraded
coastal ecosystems, and ensure usefulness of data and
information for users; and
(4) establishment of a network of regional associations to
operate and maintain regional coastal and ocean observing
systems to ensure fulfillment of national objectives at
regional scales and to address State and local needs for ocean
information and data products.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Council.--The term ``Council'' means the National Ocean
Research Leadership Council established by section 7902 of
title 10, United States Code.
(3) Interagency ocean observation committee.--The term
``Interagency Ocean Observation Committee'' means the committee
established under section 4(d).
(4) National oceanographic partnership program.--The term
``National Oceanographic Partnership Program'' means the
program established under section 7901 of title 10, United
States Code.
(5) Observing system.--The term ``observing system'' means
the integrated coastal, ocean, and Great Lakes observing system
to be established by the Council under section 4(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the National Oceanic and
Atmospheric Administration.
SEC. 4. INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM.
(a) Establishment.--The President, acting through the Council,
shall establish and maintain an integrated system of coastal and ocean
observations, data communication and management, analysis, modeling,
research, education, and outreach designed to understand current
conditions and provide data and information for the timely detection
and prediction of changes occurring in the ocean, coastal and Great
Lakes environments that impact the Nation's social, economic, and
ecological systems. The observing system shall provide for long-term,
continuous and quality-controlled observations of the Nation's coasts,
oceans, and Great Lakes in order to--
(1) understand the effects of human activities and natural
variability on and improve the health of the Nation's coasts,
oceans, and Great Lakes;
(2) monitor key variables including temperature, salinity,
sea level, surface currents, ocean color, nutrients, and
variables, such as acidity, that may indicate the occurrence
and impacts of ocean acidification;
(3) measure, track, explain, and predict climatic and
environmental changes and protect human lives and livelihoods
from hazards such as tsunami, hurricanes, storm surges, coastal
erosion, levy breaches, and fluctuating water levels;
(4) supply critical information to marine-related
businesses such as marine transportation, aquaculture,
fisheries, and offshore energy production and aid marine
navigation and safety;
(5) support national defense and homeland security efforts;
(6) support the sustainable use, conservation, management,
and enjoyment of healthy ocean, coastal, and Great Lakes
resources, better understand the interactions of ocean
processes within the coastal zone, and support implementation
and refinement of ecosystem-based management and restoration;
(7) support the protection of critical coastal habitats,
such as coral reefs and wetlands, and unique ecosystems and
resources;
(8) educate the public about the role and importance of the
oceans, coasts, and Great Lakes in daily life; and
(9) support research and development to ensure improvement
to ocean, coastal, and Great Lakes observation measurements and
to enhance understanding of the Nation's ocean, coastal, and
Great Lakes resources.
(b) System Elements.--In order to fulfill the purposes of this Act,
the observing system shall consist of the following program elements:
(1) A national program to fulfill national and
international observation priorities.
(2) A network of regional associations to manage the
regional coastal and ocean observing and information programs
that collect, measure, and disseminate data and information
products.
(3) Data management, communication, and modeling systems
for the timely integration and dissemination of data and
information products from the national and regional systems.
(4) A research and development program conducted under the
guidance of the Council, including projects under the National
Oceanographic Partnership Program, consisting of the following:
(A) Basic research to advance knowledge of coastal
and ocean systems and ensure improvement of operational
products, including related infrastructure, observing
technology, and information technology.
(B) Focused research and technology development
projects to improve understanding of the relationship
between the coasts and oceans and human activities.
(C) Large scale computing resources and research to
advance modeling of coastal and ocean processes.
(5) A coordinated outreach, education, and training program
that integrates and augments existing programs (such as the
National Sea Grant College Program, the Centers for Ocean
Sciences Education Excellence program, and the National
Estuarine Research Reserve System), to ensure the use of data
and information for improving public education and awareness of
the Nation's coastal and ocean environment and building the
technical expertise required to operate and improve the
observing system.
(c) Council Functions.--The Council shall serve as the oversight
body for the design and implementation of all aspects of the observing
system. In carrying out its responsibilities under this section, the
Council shall--
(1) adopt plans, budgets, and standards that are developed
and maintained by the Interagency Ocean Observation Committee
in consultation with the regional associations;
(2) coordinate the observing system with other earth
observing activities including the Global Ocean Observing
System and the Global Earth Observing System of Systems;
(3) coordinate and approve programs of intramural and
extramural research, technology development, education, and
outreach to support improvements to and the operation of an
integrated coastal and ocean observing system and to advance
the understanding of the oceans;
(4) promote development of technology and methods for
improving the observing system;
(5) support the development of institutional mechanisms and
financial instruments to further the goals of the program and
provide for the capitalization of the required infrastructure;
(6) provide, as appropriate, support for and representation
on United States delegations to international meetings on
coastal and ocean observing programs, including those under the
jurisdiction of the International Joint Commission involving
Canadian waters; and
(7) in consultation with the Secretary of State, support
coordination of relevant Federal activities with those of other
nations.
(d) Interagency Ocean Observation Committee.--
(1) Establishment.--The Council shall establish an
Interagency Ocean Observation Committee.
(2) Responsibilities.--The Interagency Ocean Observing
Committee shall be responsible for program planning and
coordination of the implementation of the observing system.
(3) Duties.--The Interagency Ocean Observing Committee
shall report to the Council and shall--
(A) prepare annual and long-term plans for
consideration and approval by the Council for the
design and implementation of the observing system that
promote collaboration among Federal agencies and
regional associations in developing global, national,
and regional observing systems, including
identification and refinement of a core set of
variables to be measured by all systems;
(B) coordinate the development of agency and
regional associations priorities and budgets to
implement, operate, and maintain the observing systems;
(C) establish and refine standards and protocols
for data collection, management and communications,
including quality control standards, in consultation
with participating Federal agencies and regional
associations;
(D) establish a process for assuring compliance for
all participating entities with the standards and
protocols for data management and communications,
including quality control standards;
(E) integrate, improve, and extend existing
programs and research projects, and ensure that
regional associations are integrated into the
operational observation system on a sustained basis;
(F) provide for the migration of scientific and
technological advances from research and development to
operational deployment; and
(G) perform such duties as the Council may
delegate.
(4) Implementation.--There is established an Interagency
Program Coordinating Office. The Office shall be--
(A) located in, but is not an office of, the
Department of Commerce; and
(B) staffed by employees of agencies represented on
the Interagency Ocean Observation Committee, to
facilitate the Interagency Ocean Observation
Committee's responsibilities for system implementation,
budgeting, and administration.
(e) Role of NOAA.--The National Oceanic and Atmospheric
Administration shall provide leadership for the implementation and
administration of the observing system, in consultation with the
Council, the Interagency Ocean Observation Committee, other Federal
agencies that maintain portions of the observing system and the
regional associations, and shall--
(1) establish an Integrated Ocean Observing Program Office
to facilitate action under the Administration's leadership;
(2) implement a merit-based funding process to support the
activities of regional associations;
(3) provide opportunities for competitive contracts and
grants to design, develop, integrate, deploy, and support ocean
observation system elements;
(4) have the authority to enter into and perform such
contracts, leases, grants, or cooperative agreements as may be
necessary to carry out the purposes of this Act and on such
terms as the Administrator deems appropriate;
(5) establish efficient and effective administrative
procedures for allocation of funds among contractors, grantees,
and regional associations in a timely manner, and contingent on
appropriations according to the budget adopted by the Council;
(6) develop and implement a process for the certification
and assimilation into the national ocean observations network
of the regional associations and their periodic review and
recertification and certify regional associations that meet the
requirements of subsection (f); and
(7) develop a data management and communication system, in
accordance with the established standards and protocols, by
which all data collected by the observing system regarding
coastal waters of the United States are integrated and
available.
(f) Regional Associations of Coastal and Ocean Observing Systems.--
(1) The Secretary shall initiate a rulemaking proceeding to
establish a process for the certification of regional
associations to be responsible for the development and
operation of regional coastal and ocean observing systems to
meet the information needs of user groups in the region while
adhering to national standards. To be certified a regional
association shall meet the certification standards developed by
the Interagency Ocean Observing Committee in conjunction with
the regional associations and approved by the Council and
shall--
(A) demonstrate an organizational structure capable
of supporting and integrating all aspects of coastal
and ocean observing and information programs within a
region and that reflects broad representation from
State and local government, commercial interests, and
other users and beneficiaries of marine information;
(B) operate under a strategic operations and
business plan that details the operation and support of
regional coastal and ocean observing systems pursuant
to the standards approved by the Council; and
(C) work with governmental entities and programs at
all levels to identify and provide information products
of the observing system for multiple users in the
region to advance outreach and education, to improve
coastal and fishery management, safe and efficient
marine navigation, weather and climate prediction, to
enhance preparation for hurricanes, tsunami, and other
natural hazards, and other appropriate activities.
(2) For the purposes of this Act, employees of Federal
agencies may participate in the functions of the regional
associations.
(g) Civil Liability.--For purposes of section 1346(b)(1) and
chapter 171 of title 28, United States Code, the Suits in Admiralty Act
(46 U.S.C. App. 741 et seq.), and the Public Vessels Act (46 U.S.C.
App. 781 et seq.), any regional coastal and ocean observing system that
is a designated part of a regional association certified under this
section shall, with respect to tort liability arising from the
dissemination and use of the data, in carrying out the purposes of this
Act, be deemed to be part of the National Oceanic and Atmospheric
Administration, and any employee of such system, while operating within
the scope of his or her employment in carrying out such purposes, shall
be deemed to be an employee of the Government.
SEC. 5. PROCESS FOR TRANSITION FROM RESEARCH TO OPERATION.
The National Oceanic and Atmospheric Administration, in
consultation with the Council, shall formulate a process by which--
(1) funding is made available for intramural and extramural
research on new technologies for collecting data regarding
coastal and ocean waters of the United States;
(2) such technologies are tested including--
(A) accelerated research into biological and
chemical sensing techniques and satellite sensors for
collecting such data; and
(B) developing technologies to improve all aspects
of the observing system, especially the timeliness and
accuracy of its predictive models and the usefulness of
its information products; and
(3) funding is made available and a plan is developed and
executed to transition technology that has been demonstrated to
be useful for the observing system is incorporated into use by
the observing system.
SEC. 6. INTERAGENCY FINANCING.
The departments and agencies represented on the Council are
authorized to participate in interagency financing and share, transfer,
receive, obligate, and expend funds appropriated to any member of the
Council for the purposes of carrying out any administrative or
programmatic project or activity under this Act or under the National
Oceanographic Partnership Program, including support for the
Interagency Oceans Observation Committee, a common infrastructure, and
system integration for a coastal and ocean observing system. Funds may
be transferred among such departments and agencies through an
appropriate instrument that specifies the goods, services, or space
being acquired from another Council member and the costs of the same.
SEC. 7. 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. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration for the implementation of this Act,
$150,000,000 for each of fiscal years 2008 through 2010 and
$175,000,000 for each of fiscal years 2011 and 2012. At least 50
percent of these sums shall be allocated to the regional associations
certified under section 4(f) for implementation of regional coastal and
ocean observing systems.
SEC. 9. IMPLEMENTATION PLAN.
Not later than 12 months after the date of the enactment of this
Act, the Secretary shall submit to the Congress and the Council a plan
for implementation of this Act, including for--
(1) coordinating activities of the Secretary under this Act
with other Federal agencies; and
(2) distributing, to regional associations, funds available
to carry out this Act.
SEC. 10. REPORT TO CONGRESS.
(a) Requirement.--Not later than 2 years after the date of the
enactment of this Act and every 2 years thereafter, 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 the following:
(1) A description of activities carried out under the
implementation plan and this Act.
(2) An evaluation of the effectiveness of the observing
system.
(3) Benefits of the program to users of data products
resulting from the observing system (including the general
public, industry, scientists, resource managers, emergency
responders, policy makers, and educators).
(4) Recommendations concerning--
(A) modifications to the observing system; and
(B) funding levels for the observing system in
subsequent fiscal years.
(5) The results of a periodic external independent
programmatic audit of the observing system.
Calendar No. 466
110th CONGRESS
1st Session
S. 950
[Report No. 110-217]
_______________________________________________________________________
A BILL
To develop and maintain an integrated system of coastal and ocean
observations for the Nation's coasts, oceans, and Great Lakes, to
improve warnings of tsunami, hurricanes, El Nino events, and other
natural hazards, to enhance homeland security, to support maritime
operations, to improve management of coastal and marine resources, and
for other purposes.
_______________________________________________________________________
November 2, 2007
Reported with an amendment