S 171 ISCommentsClose CommentsPermalink

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 Nin.AE6o 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.CommentsClose CommentsPermalink

January 8, 2009CommentsClose CommentsPermalink

Ms. SNOWE (for herself, Ms. CANTWELL, Mr. INOUYE, Mr. ROCKEFELLER, Ms. LANDRIEU, Mr. KERRY, Mrs. BOXER, Mr. REED, Ms. COLLINS, and Mr. NELSON of Florida) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

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 Nin.AE6o 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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Coastal and Ocean Observation System Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS- Congress finds the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) ADMINISTRATOR- The term ‘Administrator’ means Administrator of the National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink





(2) COUNCIL- The term ‘Council’ means the National Ocean Research Leadership Council established by section 7902 of title 10, United States Code.CommentsClose CommentsPermalink





(3) INTERAGENCY OCEAN OBSERVATION COMMITTEE- The term ‘Interagency Ocean Observation Committee’ means the committee established under section 4(d).CommentsClose CommentsPermalink





(4) NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM- The term ‘National Oceanographic Partnership Program’ means the program established under section 7901 of title 10, United States Code.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(6) SECRETARY- The term ‘Secretary’ means the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) understand the effects of human activities and natural variability on and improve the health of the Nation’s coasts, oceans, and Great Lakes;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(4) supply critical information to marine-related businesses such as marine transportation, aquaculture, fisheries, and offshore energy production and aid marine navigation and safety;CommentsClose CommentsPermalink





(5) support national defense and homeland security efforts;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(7) support the protection of critical coastal habitats, such as coral reefs and wetlands, and unique ecosystems and resources;CommentsClose CommentsPermalink





(8) educate the public about the role and importance of the oceans, coasts, and Great Lakes in daily life; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) SYSTEM ELEMENTS- In order to fulfill the purposes of this Act, the observing system shall consist of the following program elements:CommentsClose CommentsPermalink





(1) A national program to fulfill national and international observation priorities.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) Data management, communication, and modeling systems for the timely integration and dissemination of data and information products from the national and regional systems.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) Focused research and technology development projects to improve understanding of the relationship between the coasts and oceans and human activities.CommentsClose CommentsPermalink





(C) Large scale computing resources and research to advance modeling of coastal and ocean processes.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) adopt plans, budgets, and standards that are developed and maintained by the Interagency Ocean Observation Committee in consultation with the regional associations;CommentsClose CommentsPermalink





(2) coordinate the observing system with other earth observing activities including the Global Ocean Observing System and the Global Earth Observing System of Systems;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(4) promote development of technology and methods for improving the observing system;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(7) in consultation with the Secretary of State, support coordination of relevant Federal activities with those of other nations.CommentsClose CommentsPermalink





(d) INTERAGENCY OCEAN OBSERVATION COMMITTEE-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- The Council shall establish an Interagency Ocean Observation Committee.CommentsClose CommentsPermalink





(2) RESPONSIBILITIES- The Interagency Ocean Observing Committee shall be responsible for program planning and coordination of the implementation of the observing system.CommentsClose CommentsPermalink





(3) DUTIES- The Interagency Ocean Observing Committee shall report to the Council and shall--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(B) coordinate the development of agency and regional associations priorities and budgets to implement, operate, and maintain the observing systems;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(F) provide for the migration of scientific and technological advances from research and development to operational deployment; andCommentsClose CommentsPermalink





(G) perform such duties as the Council may delegate.CommentsClose CommentsPermalink





(4) IMPLEMENTATION- There is established an Interagency Program Coordinating Office. The Office shall be--CommentsClose CommentsPermalink





(A) located in, but is not an office of, the Department of Commerce; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) establish an Integrated Ocean Observing Program Office to facilitate action under the Administration’s leadership;CommentsClose CommentsPermalink





(2) implement a merit-based funding process to support the activities of regional associations;CommentsClose CommentsPermalink





(3) provide opportunities for competitive contracts and grants to design, develop, integrate, deploy, and support ocean observation system elements;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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); andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(f) REGIONAL ASSOCIATIONS OF COASTAL AND OCEAN OBSERVING SYSTEMS-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) For the purposes of this Act, employees of Federal agencies may participate in the functions of the regional associations.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) such technologies are tested including--CommentsClose CommentsPermalink





(A) accelerated research into biological and chemical sensing techniques and satellite sensors for collecting such data; andCommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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 2009 through 2011 and $175,000,000 for each of fiscal years 2012 and 2013. 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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) coordinating activities of the Secretary under this Act with other Federal agencies; andCommentsClose CommentsPermalink





(2) distributing, to regional associations, funds available to carry out this Act.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) CONTENTS- The report shall include the following:CommentsClose CommentsPermalink





(1) A description of activities carried out under the implementation plan and this Act.CommentsClose CommentsPermalink





(2) An evaluation of the effectiveness of the observing system.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(4) Recommendations concerning--CommentsClose CommentsPermalink





(A) modifications to the observing system; andCommentsClose CommentsPermalink





(B) funding levels for the observing system in subsequent fiscal years.CommentsClose CommentsPermalink





(5) The results of a periodic external independent programmatic audit of the observing system.CommentsClose CommentsPermalink