II 

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 Nin ̃o 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 Nin ̃o events, and other natural hazards, to 

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ations, to improve management of coastal and marine 

resources, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Coastal and Ocean 

5 Observation System Act of 2007’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) The United States Commission on Ocean 

9 Policy recommends a national commitment to a sus10 tained and integrated coastal and ocean observing 

11 system and to coordinated research programs which 

12 would provide vital information to assist the Nation 

13 and the world in understanding, monitoring, and 

14 predicting changes to the ocean and coastal re15 sources and the global climate system, enhancing 

16 homeland security, improving weather and climate 

17 forecasts, strengthening management and sustain18 able use of coastal and ocean resources, improving 

19 the safety and efficiency of maritime operations, and 

20 mitigating the impacts of marine hazards. 

21 (2) The continuing and potentially devastating 

22 threat posed by tsunami, hurricanes, storm surges, 

23 and other marine hazards requires immediate imple24 mentation of strengthened observation and commuVerDate Aug 31 2005 00:10 Nov 03, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S950.RS S950

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1 nications, and data management systems to provide 

2 timely detection, assessment, and warnings and to 

3 support response strategies for the millions of people 

4 living in coastal regions of the United States and 

5 throughout the world. 

6 (3) Safeguarding homeland security, conducting 

7 search and rescue operations, responding to natural 

8 and manmade coastal hazards (such as oil spills and 

9 harmful algal blooms), and managing fisheries and 

10 other coastal activities each require improved under11 standing and monitoring of the Nation’s waters, 

12 coastlines, ecosystems, and resources, including the 

13 ability to provide rapid response teams with real14 time environmental conditions necessary for their 

15 work. 

16 (4) The 95,000-mile coastline of the United 

17 States, including the Great Lakes, is vital to the Na18 tion’s prosperity, contributing over $117 billion to 

19 the national economy in 2000, supporting jobs for 

20 more than 200 million Americans, handling $700 

21 billion in waterborne commerce, and supporting com22 mercial and sport fisheries valued at more than $50 

23 billion annually. 

24 (5) Ensuring the effective implementation of 

25 National and State programs to protect unique 


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1 coastal and ocean habitats, such as wetlands and 

2 coral reefs, and living marine resources requires a 

3 sustained program of research and monitoring to 

4 understand these natural systems and detect 

5 changes that could jeopardize their long term viabil6 ity. 

7 (6) Many elements of a coastal and ocean ob8 serving system are in place, but require national in9 vestment, consolidation, completion, and integration 

10 among international, Federal, regional, State, and 

11 local elements. 

12 (7) In 2003, the United States led more than 

13 50 nations in affirming the vital importance of time14 ly, reliable, long-term global observations as a basis 

15 for sound decision-making, recognizing the contribu16 tion of observation systems to meet national, re17 gional, and global needs, and calling for strength18 ened cooperation and coordination in establishing a 

19 Global Earth Observation System of Systems, of 

20 which an integrated coastal and ocean observing sys21 tem is an essential part. 

22 (8) Protocols and reporting for observations, 

23 measurements, and other data collection for a coast24 al and ocean observing system should be standard25 ized to facilitate data use and dissemination. 


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1 (9) Key variables, including temperature, salin2 ity, sea level, surface currents, and ocean color, 

3 should be collected to address a variety of informa4 tional needs. 

5 (b) PURPOSES.—The purposes of this Act are to es6 tablish an integrated national system of ocean, coastal, 

7 and Great Lakes observing systems to address regional 

8 and national needs for ocean information and to provide 

9 for— 

10 (1) the planning, development, implementation, 

11 and maintenance of an integrated coastal and ocean 

12 observing system that provides data and information 

13 to sustain and restore healthy marine, coastal, and 

14 Great Lakes ecosystems and manage the resources 

15 they support, aid marine navigation safety and na16 tional security, support economic development, en17 able advances in scientific understanding of the 

18 oceans and the Great Lakes, and strengthen science 

19 education and communication; 

20 (2) implementation of research, development, 

21 education, and outreach programs to improve under22 standing of the marine environment and achieve the 

23 full national benefits of an integrated coastal and 

24 ocean observing system; 


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1 (3) implementation of a data, information man2 agement, and modeling system required by all com3 ponents of an integrated coastal and ocean observing 

4 system and related research to develop early warning 

5 systems to more effectively predict and mitigate im6 pacts of natural hazards, improve weather and cli7 mate forecasts, conserve healthy and restore de8 graded coastal ecosystems, and ensure usefulness of 

9 data and information for users; and 

10 (4) establishment of a network of regional asso11 ciations to operate and maintain regional coastal 

12 and ocean observing systems to ensure fulfillment of 

13 national objectives at regional scales and to address 

14 state and local needs for ocean information and data 

15 products. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) ADMINISTRATOR.—The term ‘‘Adminis19 trator’’ means Administrator of the National Oce20 anic and Atmospheric Administration. 

21 (2) COUNCIL.—The term ‘‘Council’’ means the 

22 National Ocean Research Leadership Council estab23 lished by section 7902 of title 10, United States 

24 Code. 


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1 (3) INTEGRATED OCEAN OBSERVING PROGRAM

2 OFFICE.—The term ‘‘Integrated Ocean Observing 

3 Program Office’’ means a program office within the 

4 National Oceanic and Atmospheric Administration 

5 to integrate its ocean observing assets and imple6 ment the requirements under section 4(d). 

7 (4) INTERAGENCY PROGRAM OFFICE.—The 

8 term ‘‘Interagency Program Office’’ means the office 

9 established under section 4(e). 

10 (5) NATIONAL OCEANOGRAPHIC PARTNERSHIP

11 PROGRAM.—The term ‘‘National Oceanographic 

12 Partnership Program’’ means the program estab13 lished under section 7901 of title 10, United States 

14 Code. 

15 (6) OBSERVING SYSTEM.—The term ‘‘observing 

16 system’’ means the integrated coastal, ocean, and 

17 Great Lakes observing system to be established by 

18 the Council under section 4(a). 

19 (7) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Commerce, acting through the Na21 tional Oceanic and Atmospheric Administration. 

22 SEC. 4. INTEGRATED COASTAL AND OCEAN OBSERVING 

23 SYSTEM. 

24 (a) ESTABLISHMENT.—The President, acting 

25 through the Council, shall establish and maintain an inteVerDate Aug 31 2005 00:10 Nov 03, 2007 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S950.RS S950

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1 grated system of coastal and ocean observations, data 

2 communication and management, analysis, modeling, re3 search, education, and outreach designed to understand 

4 current conditions and provide data and information for 

5 the timely detection and prediction of changes occurring 

6 in the ocean, coastal and Great Lakes environment that 

7 impact the Nation’s social, economic, and ecological sys8 tems. The observing system shall provide for long-term, 

9 continuous and quality-controlled observations of the Na10 tion’s coasts, oceans, and Great Lakes in order to— 

11 (1) understand the effects of human activities 

12 and natural variability on and improve the health of 

13 the Nation’s coasts, oceans, and Great Lakes; 

14 (2) measure, track, explain, and predict climatic 

15 and environmental changes and protect human lives 

16 and livelihoods from hazards such as tsunami, hurri17 canes, storm surges, coastal erosion, levy breaches, 

18 and fluctuating water levels; 

19 (3) supply critical information to marine-related 

20 businesses such as marine transportation, aqua21 culture, fisheries, and offshore energy production 

22 and aid marine navigation and safety; 

23 (4) support national defense and homeland se24 curity efforts; 


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1 (5) support the sustainable use, conservation, 

2 management, and enjoyment of healthy ocean, coast3 al, and Great Lakes resources, better understand the 

4 interactions of ocean processes within the coastal 

5 zone, and support implementation and refinement of 

6 ecosystem-based management and restoration; 

7 (6) support the protection of critical coastal 

8 habitats, such as coral reefs and wetlands, and 

9 unique ecosystems and resources; 

10 (7) educate the public about the role and im11 portance of the oceans, coasts, and Great Lakes in 

12 daily life; and 

13 (8) support research and development to ensure 

14 improvement to ocean, coastal, and Great Lakes ob15 servation measurements and to enhance under16 standing of the Nation’s ocean, coastal, and Great 

17 Lakes resources. 

18 (b) SYSTEM ELEMENTS.—In order to fulfill the pur19 poses of this Act, the observing system shall consist of the 

20 following program elements: 

21 (1) A national program to fulfill national and 

22 international observation priorities. 

23 (2) A network of regional associations to man24 age the regional coastal and ocean observing and inVerDate Aug 31 2005 00:10 Nov 03, 2007 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S950.RS S950

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1 formation programs that collect, measure, and dis2 seminate data and information products. 

3 (3) Data management, communication, and 

4 modeling systems for the timely integration and dis5 semination of data and information products from 

6 the national and regional systems. 

7 (4) A research and development program con8 ducted under the guidance of the Council; including 

9 projects under the National Oceanographic Partner10 ship Program, consisting of the following: 

11 (A) Basic research to advance knowledge 

12 of coastal and ocean systems and ensure im13 provement of operational products, including re14 lated infrastructure, observing technology, and 

15 information technology. 

16 (B) Focused research and technology de17 velopment projects to improve understanding of 

18 the relationship between the coasts and oceans 

19 and human activities. 

20 (C) Large scale computing resources and 

21 research to advance modeling of coastal and 

22 ocean processes. 

23 (5) A coordinated outreach, education, and 

24 training program that integrates and augments ex25 isting programs (such as the National Sea Grant 


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1 College Program, the Centers for Ocean Sciences 

2 Education Excellence program, and the National Es3 tuarine Research Reserve System), to ensure the use 

4 of data and information for improving public edu5 cation and awareness of the Nation’s coastal and 

6 ocean environment and building the technical exper7 tise required to operate and improve the observing 

8 system. 

9 (c) COUNCIL FUNCTIONS.—The Council shall serve 

10 as the oversight body for the design and implementation 

11 of all aspects of the observing system. In carrying out its 

12 responsibilities under this section, the Council shall— 

13 (1) adopt plans, budgets, and standards that 

14 are developed and maintained by the Interagency 

15 Program Office in consultation with the regional as16 sociations; 

17 (2) coordinate the observing system with other 

18 earth observing activities including the Global Ocean 

19 Observing System and the Global Earth Observing 

20 System of Systems; 

21 (3) coordinate and approve programs of intra22 mural and extramural research, technology develop23 ment, education, and outreach to support improve24 ments to and the operation of an integrated coastal 


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1 and ocean observing system and to advance the un2 derstanding of the oceans; 

3 (4) promote development of technology and 

4 methods for improving the observing system; 

5 (5) support the development of institutional 

6 mechanisms and financial instruments to further the 

7 goals of the program and provide for the capitaliza8 tion of the required infrastructure; 

9 (6) provide, as appropriate, support for and 

10 representation on United States delegations to inter11 national meetings on coastal and ocean observing 

12 programs, including those under the jurisdiction of 

13 the International Joint Commission involving Cana14 dian waters; and 

15 (7) in consultation with the Secretary of State, 

16 support coordination of relevant Federal activities 

17 with those of other nations. 

18 (d) LEAD FEDERAL AGENCY.—The National Oceanic 

19 and Atmospheric Administration shall be the lead Federal 

20 agency for implementation and administration of the ob21 serving system and to carry out the responsibilities of this 

22 Act, in consultation with the Council, the Interagency Pro23 gram Office, other Federal Agencies that maintain por24 tions of the observing system and the Regional Associa25 tions, shall— 


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1 (1) establish an Integrated Ocean Observing 

2 Program Office; 

3 (2) integrate, improve, and extend existing pro4 grams and research projects, and ensure that re5 gional associations are integrated into the oper6 ational observation system on a sustained basis; 

7 (3) integrate the appropriate capabilities of the 

8 National Oceanic and Atmospheric Administration, 

9 and other appropriate centers, into the observing 

10 system for the purpose of assimilating, managing, 

11 disseminating, and archiving data from regional ob12 servation systems and other observation systems; 

13 (4) provide for the migration of scientific and 

14 technological advances from research and develop15 ment to operational deployment; 

16 (5) provide for opportunities to contract with 

17 private sector companies in designing, developing, 

18 integrating, and deploying ocean observation system 

19 elements; 

20 (6) establish efficient and effective administra21 tive procedures for allocation of funds among Fed22 eral agencies, contractors, grantees, and regional as23 sociations in a timely manner, and contingent on ap24 propriations according to the budget adopted by the 

25 Council; 


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1 (7) develop and implement a process for the 

2 certification and assimilation into the national ocean 

3 observations network of the regional associations 

4 and their periodic review and recertification and cer5 tify regional associations that meet the requirements 

6 of subsection (f); and 

7 (8) develop a data management and commu8 nication system, in accordance with the established 

9 standards and protocols, by which all data collected 

10 by the observing system regarding coastal waters of 

11 the United States are integrated and available. 

12 (e) INTERAGENCY PROGRAM OFFICE.— 

13 (1) ESTABLISHMENT.—The Council shall estab14 lish an Interagency Program Office housed within 

15 the National Oceanic and Atmospheric Administra16 tion. 

17 (2) RESPONSIBILITIES.—The Interagency Pro18 gram Office shall be responsible for program plan19 ning and coordination of the implementation of the 

20 observing system. 

21 (3) DUTIES.—The Interagency Program Office 

22 shall report to the Council via the Secretary and 

23 shall— 

24 (A) prepare annual and long-term plans 

25 for consideration and approval by the Council 


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1 for the design and implementation of the ob2 serving system that promote collaboration 

3 among Federal agencies and regional associa4 tions in developing global, national, and re5 gional observing systems, including identifica6 tion and refinement of a core set of variables to 

7 be measured by all systems; 

8 (B) coordinate the development of agency 

9 and regional associations priorities and budgets 

10 to implement, operate, and maintain the observ11 ing systems; 

12 (C) establish and refine standards and pro13 tocols for data collection, management and 

14 communications, including quality control 

15 standards, in consultation with participating 

16 Federal agencies and regional associations; and 

17 (D) establish a process for assuring com18 pliance for all participating entities with the 

19 standards and protocols for data management 

20 and communications, including quality control 

21 standards. 

22 (f) REGIONAL ASSOCIATIONS OF COASTAL AND

23 OCEAN OBSERVING SYSTEMS.— 

24 (1) The Secretary shall initiate a rulemaking 

25 proceeding to establish a process for the certification 


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1 of regional associations to be responsible for the de2 velopment and operation of regional coastal and 

3 ocean observing systems to meet the information 

4 needs of user groups in the region while adhering to 

5 national standards. To be certified a regional asso6 ciation shall meet the certification standards devel7 oped by the Interagency Program Office in conjunc8 tion with the regional associations and approved by 

9 the Council and shall— 

10 (A) demonstrate an organizational struc11 ture capable of supporting and integrating all 

12 aspects of coastal and ocean observing and in13 formation programs within a region and that 

14 reflects broad representation from state and 

15 local government, commercial interests, and 

16 other users and beneficiaries of marine informa17 tion; 

18 (B) operate under a strategic operations 

19 and business plan that details the operation and 

20 support of regional coastal and ocean observing 

21 systems pursuant to the standards approved by 

22 the Council; and 

23 (C) work with governmental entities and 

24 programs at all levels to identify and provide in25 formation products of the observing system for 


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1 multiple users in the region to advance outreach 

2 and education, to improve coastal and fishery 

3 management, safe and efficient marine naviga4 tion, weather and climate prediction, to enhance 

5 preparation for hurricanes, tsunami, and other 

6 natural hazards, and other appropriate activi7 ties. 

8 (2) For the purposes of this Act, employees of 

9 Federal agencies may participate in the functions of 

10 the Regional Associations. 

11 (g) CIVIL LIABILITY.—For purposes of section 

12 1346(b)(1) and chapter 171 of title 28, United States 

13 Code, and chapters 309 and 311 of title 46, United States 

14 Code, any regional coastal and ocean observing system 

15 that is a designated part of a regional association certified 

16 under this section shall, with respect to tort liability aris17 ing from the dissemination and use of the data, in car18 rying out the purposes of this Act, be deemed to be part 

19 of the National Oceanic and Atmospheric Administration, 

20 and any employee of such system, while operating within 

21 the scope of his or her employment in carrying out such 

22 purposes, shall be deemed to be an employee of the Gov23 ernment. 


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1 SEC. 5. PROCESS FOR TRANSITION FROM RESEARCH TO 

2 OPERATION. 

3 The National Oceanic and Atmospheric Administra4 tion, in consultation with the Council, shall formulate a 

5 process by which— 

6 (1) funding is made available for intramural 

7 and extramural research on new technologies for col8 lecting data regarding coastal and ocean waters of 

9 the United States; 

10 (2) such technologies are tested including— 

11 (A) accelerated research into biological and 

12 chemical sensing techniques and satellite sen13 sors for collecting such data; and 

14 (B) developing technologies to improve all 

15 aspects of the observing system, especially the 

16 timeliness and accuracy of its predictive models 

17 and the usefulness of its information products; 

18 and 

19 (3) funding is made available and a plan is de20 veloped and executed to transition technology that 

21 has been demonstrated to be useful for the observing 

22 system is incorporated into use by the observing sys23 tem. 

24 SEC. 6. INTERAGENCY FINANCING. 

25 The departments and agencies represented on the 

26 Council are authorized to participate in interagency fiVerDate Aug 31 2005 00:10 Nov 03, 2007 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\S950.RS S950

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1 nancing and share, transfer, receive, obligate, and expend 

2 funds appropriated to any member of the Council for the 

3 purposes of carrying out any administrative or pro4 grammatic project or activity under this Act or under the 

5 National Oceanographic Partnership Program, including 

6 support for the Interagency Program Office, a common 

7 infrastructure, and system integration for a coastal and 

8 ocean observing system. Funds may be transferred among 

9 such departments and agencies through an appropriate in10 strument that specifies the goods, services, or space being 

11 acquired from another Council member and the costs of 

12 the same. 

13 SEC. 7. APPLICATION WITH OUTER CONTINENTAL SHELF 

14 LANDS ACT. 

15 Nothing in this Act supersedes, or limits the author16 ity of the Secretary of the Interior under, the Outer Conti17 nental Shelf Lands Act (43 U.S.C. 1331 et seq.). 

18 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated to the Na20 tional Oceanic and Atmospheric Administration for the 

21 implementation of this Act, $150,000,000 for each of the 

22 fiscal years 2008 through 2012 and such additional sums 

23 as may be necessary for each of the fiscal years 2008 

24 through 2012. The Administrator shall provide such sums 

25 as are necessary to the regional associations certified 


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1 under section 4(f) for implementation of regional coastal 

2 and ocean observing systems. Sums appropriated pursuant 

3 to this section shall remain available until expended. 

4 SEC. 9. IMPLEMENTATION PLAN. 

5 Not later than 12 months after the date of the enact6 ment of this Act, the Secretary shall submit to the Con7 gress and the Council a plan for implementation of this 

8 Act, including for— 

9 (1) coordinating activities of the Secretary 

10 under this Act with other Federal agencies; and 

11 (2) distributing, to regional associations, funds 

12 available to carry out this Act. 

13 SEC. 10. REPORT TO CONGRESS. 

14 (a) REQUIREMENT.—Not later than 2 years after the 

15 date of the enactment of this Act and every 2 years there16 after, the Administrator shall prepare and the President 

17 acting through the Council shall approve and transmit to 

18 the Congress a report on progress made in implementing 

19 this Act. 

20 (b) CONTENTS.—The report shall include the fol21 lowing: 

22 (1) A description of activities carried out under 

23 the implementation plan and this Act. 

24 (2) An evaluation of the effectiveness of the ob25 serving system. 


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1 (3) Benefits of the program to users of data 

2 products resulting from the observing system (in3 cluding the general public, industry, scientists, re4 source managers, emergency responders, policy mak5 ers, and educators). 

6 (4) Recommendations concerning— 

7 (A) modifications to the observing system; 

8 and 

9 (B) funding levels for the observing system 

10 in subsequent fiscal years. 

11 (5) The results of a periodic external inde12 pendent programmatic audit of the observing sys13 tem. 

14 SECTION 1. SHORT TITLE. 

15 This Act may be cited as the ‘‘Coastal and Ocean Ob16 servation System Act of 2007’’. 

17 SEC. 2. FINDINGS AND PURPOSES. 

18 (a) FINDINGS.—Congress finds the following: 

19 (1) The United States Commission on Ocean 

20 Policy recommends a national commitment to a sus21 tained and integrated coastal and ocean observing 

22 system and to coordinated research programs which 

23 would provide vital information to assist the Nation 

24 and the world in understanding, monitoring, and 

25 predicting changes to the ocean and coastal resources 


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1 and the global climate system, enhancing homeland 

2 security, improving weather and climate forecasts, 

3 strengthening management and sustainable use of 

4 coastal and ocean resources, improving the safety and 

5 efficiency of maritime operations, and mitigating the 

6 impacts of marine hazards. 

7 (2) The continuing and potentially devastating 

8 threat posed by tsunami, hurricanes, storm surges, 

9 and other marine hazards requires immediate imple10 mentation of strengthened observation and commu11 nications, and data management systems to provide 

12 timely detection, assessment, and warnings and to 

13 support response strategies for the millions of people 

14 living in coastal regions of the United States and 

15 throughout the world. 

16 (3) Safeguarding homeland security, conducting 

17 search and rescue operations, responding to natural 

18 and manmade coastal hazards (such as oil spills and 

19 harmful algal blooms), and managing fisheries and 

20 other coastal activities each require improved under21 standing and monitoring of the Nation’s waters, 

22 coastlines, ecosystems, and resources, including the 

23 ability to provide rapid response teams with real-time 

24 environmental conditions necessary for their work. 


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1 (4) The 95,000-mile coastline of the United 

2 States, including the Great Lakes, is vital to the Na3 tion’s prosperity, contributing over $117 billion to the 

4 national economy in 2000, supporting jobs for more 

5 than 200 million Americans, handling $700 billion in 

6 waterborne commerce, and supporting commercial 

7 and sport fisheries valued at more than $50 billion 

8 annually. 

9 (5) Ensuring the effective implementation of Na10 tional and State programs to protect unique coastal 

11 and ocean habitats, such as wetlands and coral reefs, 

12 and living marine resources requires a sustained pro13 gram of research and monitoring to understand these 

14 natural systems and detect changes that could jeop15 ardize their long term viability. 

16 (6) Many elements of a coastal and ocean observ17 ing system are in place, but require national invest18 ment, consolidation, completion, and integration 

19 among international, Federal, regional, State, and 

20 local elements. 

21 (7) In 2003, the United States led more than 50 

22 nations in affirming the vital importance of timely, 

23 reliable, long-term global observations as a basis for 

24 sound decision-making, recognizing the contribution 

25 of observation systems to meet national, regional, and 


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1 global needs, and calling for strengthened cooperation 

2 and coordination in establishing a Global Earth Ob3 servation System of Systems, of which an integrated 

4 coastal and ocean observing system is an essential 

5 part. 

6 (8) Protocols and reporting for observations, 

7 measurements, and other data collection for a coastal 

8 and ocean observing system should be standardized to 

9 facilitate data use and dissemination. 

10 (9) Key variables, including temperature, salin11 ity, sea level, surface currents, ocean color, nutrients, 

12 and variables, such as acidity, that may indicate the 

13 occurrence and impacts of ocean acidification, should 

14 be collected to address a variety of informational 

15 needs. 

16 (b) PURPOSES.—The purposes of this Act are to estab17 lish an integrated national system of ocean, coastal, and 

18 Great Lakes observing systems to address regional and na19 tional needs for ocean information and to provide for— 

20 (1) the planning, development, implementation, 

21 and maintenance of an integrated coastal and ocean 

22 observing system that provides data and information 

23 to sustain and restore healthy marine, coastal, and 

24 Great Lakes ecosystems and manage the resources 

25 they support, aid marine navigation safety and naVerDate Aug 31 2005 00:10 Nov 03, 2007 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\S950.RS S950

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1 tional security, support economic development, enable 

2 advances in scientific understanding of the oceans 

3 and the Great Lakes, and strengthen science education 

4 and communication; 

5 (2) implementation of research, development, 

6 education, and outreach programs to improve under7 standing of the marine environment and achieve the 

8 full national benefits of an integrated coastal and 

9 ocean observing system; 

10 (3) implementation of a data, information man11 agement, and modeling system required by all compo12 nents of an integrated coastal and ocean observing 

13 system and related research to develop early warning 

14 systems to more effectively predict and mitigate im15 pacts of natural hazards, improve weather and cli16 mate forecasts, conserve healthy and restore degraded 

17 coastal ecosystems, and ensure usefulness of data and 

18 information for users; and 

19 (4) establishment of a network of regional asso20 ciations to operate and maintain regional coastal and 

21 ocean observing systems to ensure fulfillment of na22 tional objectives at regional scales and to address 

23 State and local needs for ocean information and data 

24 products. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means Administrator of the National Oceanic 

5 and Atmospheric Administration. 

6 (2) COUNCIL.—The term ‘‘Council’’ means the 

7 National Ocean Research Leadership Council estab8 lished by section 7902 of title 10, United States Code. 

9 (3) INTERAGENCY OCEAN OBSERVATION COM10 MITTEE.—The term ‘‘Interagency Ocean Observation 

11 Committee’’ means the committee established under 

12 section 4(d). 

13 (4) NATIONAL OCEANOGRAPHIC PARTNERSHIP

14 PROGRAM.—The term ‘‘National Oceanographic Part15 nership Program’’ means the program established 

16 under section 7901 of title 10, United States Code. 

17 (5) OBSERVING SYSTEM.—The term ‘‘observing 

18 system’’ means the integrated coastal, ocean, and 

19 Great Lakes observing system to be established by the 

20 Council under section 4(a). 

21 (6) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of Commerce, acting through the Na23 tional Oceanic and Atmospheric Administration. 


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1 SEC. 4. INTEGRATED COASTAL AND OCEAN OBSERVING 

2 SYSTEM. 

3 (a) ESTABLISHMENT.—The President, acting through 

4 the Council, shall establish and maintain an integrated sys5 tem of coastal and ocean observations, data communication 

6 and management, analysis, modeling, research, education, 

7 and outreach designed to understand current conditions 

8 and provide data and information for the timely detection 

9 and prediction of changes occurring in the ocean, coastal 

10 and Great Lakes environments that impact the Nation’s so11 cial, economic, and ecological systems. The observing system 

12 shall provide for long-term, continuous and quality-con13 trolled observations of the Nation’s coasts, oceans, and Great 

14 Lakes in order to— 

15 (1) understand the effects of human activities 

16 and natural variability on and improve the health of 

17 the Nation’s coasts, oceans, and Great Lakes; 

18 (2) monitor key variables including temperature, 

19 salinity, sea level, surface currents, ocean color, nutri20 ents, and variables, such as acidity, that may indi21 cate the occurrence and impacts of ocean acidifica22 tion; 

23 (3) measure, track, explain, and predict climatic 

24 and environmental changes and protect human lives 

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1 canes, storm surges, coastal erosion, levy breaches, 

2 and fluctuating water levels; 

3 (4) supply critical information to marine-related 

4 businesses such as marine transportation, aqua5 culture, fisheries, and offshore energy production and 

6 aid marine navigation and safety; 

7 (5) support national defense and homeland secu8 rity efforts; 

9 (6) support the sustainable use, conservation, 

10 management, and enjoyment of healthy ocean, coastal, 

11 and Great Lakes resources, better understand the 

12 interactions of ocean processes within the coastal 

13 zone, and support implementation and refinement of 

14 ecosystem-based management and restoration; 

15 (7) support the protection of critical coastal 

16 habitats, such as coral reefs and wetlands, and unique 

17 ecosystems and resources; 

18 (8) educate the public about the role and impor19 tance of the oceans, coasts, and Great Lakes in daily 

20 life; and 

21 (9) support research and development to ensure 

22 improvement to ocean, coastal, and Great Lakes ob23 servation measurements and to enhance under24 standing of the Nation’s ocean, coastal, and Great 

25 Lakes resources. 


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1 (b) SYSTEM ELEMENTS.—In order to fulfill the pur2 poses of this Act, the observing system shall consist of the 

3 following program elements: 

4 (1) A national program to fulfill national and 

5 international observation priorities. 

6 (2) A network of regional associations to manage 

7 the regional coastal and ocean observing and informa8 tion programs that collect, measure, and disseminate 

9 data and information products. 

10 (3) Data management, communication, and 

11 modeling systems for the timely integration and dis12 semination of data and information products from 

13 the national and regional systems. 

14 (4) A research and development program con15 ducted under the guidance of the Council, including 

16 projects under the National Oceanographic Partner17 ship Program, consisting of the following: 

18 (A) Basic research to advance knowledge of 

19 coastal and ocean systems and ensure improve20 ment of operational products, including related 

21 infrastructure, observing technology, and infor22 mation technology. 

23 (B) Focused research and technology devel24 opment projects to improve understanding of the 


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1 relationship between the coasts and oceans and 

2 human activities. 

3 (C) Large scale computing resources and re4 search to advance modeling of coastal and ocean 

5 processes. 

6 (5) A coordinated outreach, education, and 

7 training program that integrates and augments exist8 ing programs (such as the National Sea Grant College 

9 Program, the Centers for Ocean Sciences Education 

10 Excellence program, and the National Estuarine Re11 search Reserve System), to ensure the use of data and 

12 information for improving public education and 

13 awareness of the Nation’s coastal and ocean environ14 ment and building the technical expertise required to 

15 operate and improve the observing system. 

16 (c) COUNCIL FUNCTIONS.—The Council shall serve as 

17 the oversight body for the design and implementation of all 

18 aspects of the observing system. In carrying out its respon19 sibilities under this section, the Council shall— 

20 (1) adopt plans, budgets, and standards that are 

21 developed and maintained by the Interagency Ocean 

22 Observation Committee in consultation with the re23 gional associations; 

24 (2) coordinate the observing system with other 

25 earth observing activities including the Global Ocean 


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1 Observing System and the Global Earth Observing 

2 System of Systems; 

3 (3) coordinate and approve programs of intra4 mural and extramural research, technology develop5 ment, education, and outreach to support improve6 ments to and the operation of an integrated coastal 

7 and ocean observing system and to advance the un8 derstanding of the oceans; 

9 (4) promote development of technology and meth10 ods for improving the observing system; 

11 (5) support the development of institutional 

12 mechanisms and financial instruments to further the 

13 goals of the program and provide for the capitaliza14 tion of the required infrastructure; 

15 (6) provide, as appropriate, support for and rep16 resentation on United States delegations to inter17 national meetings on coastal and ocean observing pro18 grams, including those under the jurisdiction of the 

19 International Joint Commission involving Canadian 

20 waters; and 

21 (7) in consultation with the Secretary of State, 

22 support coordination of relevant Federal activities 

23 with those of other nations. 

24 (d) INTERAGENCY OCEAN OBSERVATION COM25 MITTEE.— 


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1 (1) ESTABLISHMENT.—The Council shall estab2 lish an Interagency Ocean Observation Committee. 

3 (2) RESPONSIBILITIES.—The Interagency Ocean 

4 Observing Committee shall be responsible for program 

5 planning and coordination of the implementation of 

6 the observing system. 

7 (3) DUTIES.—The Interagency Ocean Observing 

8 Committee shall report to the Council and shall— 

9 (A) prepare annual and long-term plans for 

10 consideration and approval by the Council for 

11 the design and implementation of the observing 

12 system that promote collaboration among Fed13 eral agencies and regional associations in devel14 oping global, national, and regional observing 

15 systems, including identification and refinement 

16 of a core set of variables to be measured by all 

17 systems; 

18 (B) coordinate the development of agency 

19 and regional associations priorities and budgets 

20 to implement, operate, and maintain the observ21 ing systems; 

22 (C) establish and refine standards and pro23 tocols for data collection, management and com24 munications, including quality control standVerDate Aug 31 2005 00:10 Nov 03, 2007 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\S950.RS S950

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1 ards, in consultation with participating Federal 

2 agencies and regional associations; 

3 (D) establish a process for assuring compli4 ance for all participating entities with the 

5 standards and protocols for data management 

6 and communications, including quality control 

7 standards; 

8 (E) integrate, improve, and extend existing 

9 programs and research projects, and ensure that 

10 regional associations are integrated into the 

11 operational observation system on a sustained 

12 basis; 

13 (F) provide for the migration of scientific 

14 and technological advances from research and de15 velopment to operational deployment; and 

16 (G) perform such duties as the Council may 

17 delegate. 

18 (4) IMPLEMENTATION.—There is established an 

19 Interagency Program Coordinating Office. The Office 

20 shall be— 

21 (A) located in, but is not an office of, the 

22 Department of Commerce; and 

23 (B) staffed by employees of agencies rep24 resented on the Interagency Ocean Observation 

25 Committee, to facilitate the Interagency Ocean 


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1 Observation Committee’s responsibilities for sys2 tem implementation, budgeting, and administra3 tion. 

4 (e) ROLE OF NOAA.—The National Oceanic and At5 mospheric Administration shall provide leadership for the 

6 implementation and administration of the observing sys7 tem, in consultation with the Council, the Interagency 

8 Ocean Observation Committee, other Federal agencies that 

9 maintain portions of the observing system and the regional 

10 associations, and shall— 

11 (1) establish an Integrated Ocean Observing Pro12 gram Office to facilitate action under the Administra13 tion’s leadership; 

14 (2) implement a merit-based funding process to 

15 support the activities of regional associations; 

16 (3) provide opportunities for competitive con17 tracts and grants to design, develop, integrate, deploy, 

18 and support ocean observation system elements; 

19 (4) have the authority to enter into and perform 

20 such contracts, leases, grants, or cooperative agree21 ments as may be necessary to carry out the purposes 

22 of this Act and on such terms as the Administrator 

23 deems appropriate; 

24 (5) establish efficient and effective administrative 

25 procedures for allocation of funds among contractors, 


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1 grantees, and regional associations in a timely man2 ner, and contingent on appropriations according to 

3 the budget adopted by the Council; 

4 (6) develop and implement a process for the cer5 tification and assimilation into the national ocean 

6 observations network of the regional associations and 

7 their periodic review and recertification and certify 

8 regional associations that meet the requirements of 

9 subsection (f); and 

10 (7) develop a data management and communica11 tion system, in accordance with the established stand12 ards and protocols, by which all data collected by the 

13 observing system regarding coastal waters of the 

14 United States are integrated and available. 

15 (f) REGIONAL ASSOCIATIONS OF COASTAL AND OCEAN

16 OBSERVING SYSTEMS.— 

17 (1) The Secretary shall initiate a rulemaking 

18 proceeding to establish a process for the certification 

19 of regional associations to be responsible for the devel20 opment and operation of regional coastal and ocean 

21 observing systems to meet the information needs of 

22 user groups in the region while adhering to national 

23 standards. To be certified a regional association shall 

24 meet the certification standards developed by the 

25 Interagency Ocean Observing Committee in conjuncVerDate Aug 31 2005 00:10 Nov 03, 2007 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\S950.RS S950

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1 tion with the regional associations and approved by 

2 the Council and shall— 

3 (A) demonstrate an organizational structure 

4 capable of supporting and integrating all aspects 

5 of coastal and ocean observing and information 

6 programs within a region and that reflects broad 

7 representation from State and local government, 

8 commercial interests, and other users and bene9 ficiaries of marine information; 

10 (B) operate under a strategic operations 

11 and business plan that details the operation and 

12 support of regional coastal and ocean observing 

13 systems pursuant to the standards approved by 

14 the Council; and 

15 (C) work with governmental entities and 

16 programs at all levels to identify and provide in17 formation products of the observing system for 

18 multiple users in the region to advance outreach 

19 and education, to improve coastal and fishery 

20 management, safe and efficient marine naviga21 tion, weather and climate prediction, to enhance 

22 preparation for hurricanes, tsunami, and other 

23 natural hazards, and other appropriate activi24 ties. 


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1 (2) For the purposes of this Act, employees of 

2 Federal agencies may participate in the functions of 

3 the regional associations. 

4 (g) CIVIL LIABILITY.—For purposes of section 

5 1346(b)(1) and chapter 171 of title 28, United States Code, 

6 the Suits in Admiralty Act (46 U.S.C. App. 741 et seq.), 

7 and the Public Vessels Act (46 U.S.C. App. 781 et seq.), 

8 any regional coastal and ocean observing system that is a 

9 designated part of a regional association certified under 

10 this section shall, with respect to tort liability arising from 

11 the dissemination and use of the data, in carrying out the 

12 purposes of this Act, be deemed to be part of the National 

13 Oceanic and Atmospheric Administration, and any em14 ployee of such system, while operating within the scope of 

15 his or her employment in carrying out such purposes, shall 

16 be deemed to be an employee of the Government. 

17 SEC. 5. PROCESS FOR TRANSITION FROM RESEARCH TO OP18 ERATION. 

19 The National Oceanic and Atmospheric Administra20 tion, in consultation with the Council, shall formulate a 

21 process by which— 

22 (1) funding is made available for intramural 

23 and extramural research on new technologies for col24 lecting data regarding coastal and ocean waters of the 

25 United States; 


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1 (2) such technologies are tested including— 

2 (A) accelerated research into biological and 

3 chemical sensing techniques and satellite sensors 

4 for collecting such data; and 

5 (B) developing technologies to improve all 

6 aspects of the observing system, especially the 

7 timeliness and accuracy of its predictive models 

8 and the usefulness of its information products; 

9 and 

10 (3) funding is made available and a plan is de11 veloped and executed to transition technology that has 

12 been demonstrated to be useful for the observing sys13 tem is incorporated into use by the observing system. 

14 SEC. 6. INTERAGENCY FINANCING. 

15 The departments and agencies represented on the 

16 Council are authorized to participate in interagency fi17 nancing and share, transfer, receive, obligate, and expend 

18 funds appropriated to any member of the Council for the 

19 purposes of carrying out any administrative or pro20 grammatic project or activity under this Act or under the 

21 National Oceanographic Partnership Program, including 

22 support for the Interagency Oceans Observation Committee, 

23 a common infrastructure, and system integration for a 

24 coastal and ocean observing system. Funds may be trans25 ferred among such departments and agencies through an 


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1 appropriate instrument that specifies the goods, services, or 

2 space being acquired from another Council member and the 

3 costs of the same. 

4 SEC. 7. APPLICATION WITH OTHER LAWS. 

5 Nothing in this Act supersedes or limits the authority 

6 of any agency to carry out its responsibilities and missions 

7 under other laws. 

8 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated to the Na10 tional Oceanic and Atmospheric Administration for the im11 plementation of this Act, $150,000,000 for each of fiscal 

12 years 2008 through 2010 and $175,000,000 for each of fiscal 

13 years 2011 and 2012. At least 50 percent of these sums shall 

14 be allocated to the regional associations certified under sec15 tion 4(f) for implementation of regional coastal and ocean 

16 observing systems. 

17 SEC. 9. IMPLEMENTATION PLAN. 

18 Not later than 12 months after the date of the enact19 ment of this Act, the Secretary shall submit to the Congress 

20 and the Council a plan for implementation of this Act, in21 cluding for— 

22 (1) coordinating activities of the Secretary under 

23 this Act with other Federal agencies; and 

24 (2) distributing, to regional associations, funds 

25 available to carry out this Act. 


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1 SEC. 10. REPORT TO CONGRESS. 

2 (a) REQUIREMENT.—Not later than 2 years after the 

3 date of the enactment of this Act and every 2 years there4 after, the Administrator shall prepare and the President 

5 acting through the Council shall approve and transmit to 

6 the Congress a report on progress made in implementing 

7 this Act. 

8 (b) CONTENTS.—The report shall include the following: 

9 (1) A description of activities carried out under 

10 the implementation plan and this Act. 

11 (2) An evaluation of the effectiveness of the ob12 serving system. 

13 (3) Benefits of the program to users of data 

14 products resulting from the observing system (includ15 ing the general public, industry, scientists, resource 

16 managers, emergency responders, policy makers, and 

17 educators). 

18 (4) Recommendations concerning— 

19 (A) modifications to the observing system; 

20 and 

21 (B) funding levels for the observing system 

22 in subsequent fiscal years. 

23 (5) The results of a periodic external inde24 pendent programmatic audit of the observing system. 


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Calendar No. 466 

110TH CONGRESS 

1ST SESSION S. 950 

[Report No. 110

–217] 

A BILL 

To develop and maintain an integrated system of 

warnings of tsunami, hurricanes, El Nincoasts, oceans, and Great Lakes, to improve coastal and ocean observations for the Nation’s 

 ̃o events, 

sources, and for other purposes. prove management of coastal and marine resecurity, to support maritime operations, to imand other natural hazards, to enhance homeland 

NOVEMBER 2, 2007 

Reported with an amendment 


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