II 

111TH CONGRESS 

1ST SESSION S. 171 

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 

JANUARY 8, 2009 

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 Transportation 

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 

enhance homeland security, to support maritime operations, 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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Observation System Act of 2009’’. 

4 SEC. 2. FINDINGS AND PURPOSES. 

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

6 (1) The United States Commission on Ocean 

7 Policy recommends a national commitment to a sus8 tained and integrated coastal and ocean observing 

9 system and to coordinated research programs which 

10 would provide vital information to assist the Nation 

11 and the world in understanding, monitoring, and 

12 predicting changes to the ocean and coastal re13 sources and the global climate system, enhancing 

14 homeland security, improving weather and climate 

15 forecasts, strengthening management and sustain16 able use of coastal and ocean resources, improving 

17 the safety and efficiency of maritime operations, and 

18 mitigating the impacts of marine hazards. 

19 (2) The continuing and potentially devastating 

20 threat posed by tsunami, hurricanes, storm surges, 

21 and other marine hazards requires immediate imple22 mentation of strengthened observation and commu23 nications, and data management systems to provide 

24 timely detection, assessment, and warnings and to 

25 support response strategies for the millions of people 


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1 living in coastal regions of the United States and 

2 throughout the world. 

3 (3) Safeguarding homeland security, conducting 

4 search and rescue operations, responding to natural 

5 and manmade coastal hazards (such as oil spills and 

6 harmful algal blooms), and managing fisheries and 

7 other coastal activities each require improved under8 standing and monitoring of the Nation’s waters, 

9 coastlines, ecosystems, and resources, including the 

10 ability to provide rapid response teams with real11 time environmental conditions necessary for their 

12 work. 

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

14 States, including the Great Lakes, is vital to the Na15 tion’s prosperity, contributing over $117 billion to 

16 the national economy in 2000, supporting jobs for 

17 more than 200 million Americans, handling $700 

18 billion in waterborne commerce, and supporting com19 mercial and sport fisheries valued at more than $50 

20 billion annually. 

21 (5) Ensuring the effective implementation of 

22 National and State programs to protect unique 

23 coastal and ocean habitats, such as wetlands and 

24 coral reefs, and living marine resources requires a 

25 sustained program of research and monitoring to 


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1 understand these natural systems and detect 

2 changes that could jeopardize their long term viabil3 ity. 

4 (6) Many elements of a coastal and ocean ob5 serving system are in place, but require national in6 vestment, consolidation, completion, and integration 

7 among international, Federal, regional, State, and 

8 local elements. 

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

10 50 nations in affirming the vital importance of time11 ly, reliable, long-term global observations as a basis 

12 for sound decision-making, recognizing the contribu13 tion of observation systems to meet national, re14 gional, and global needs, and calling for strength15 ened cooperation and coordination in establishing a 

16 Global Earth Observation System of Systems, of 

17 which an integrated coastal and ocean observing sys18 tem is an essential part. 

19 (8) Protocols and reporting for observations, 

20 measurements, and other data collection for a coast21 al and ocean observing system should be standard22 ized to facilitate data use and dissemination. 

23 (9) Key variables, including temperature, salin24 ity, sea level, surface currents, ocean color, nutri25 ents, and variables, such as acidity, that may indiVerDate Nov 24 2008 20:21 Jan 10, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S171.IS S171

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1 cate the occurrence and impacts of ocean acidifica2 tion, should be collected to address a variety of in3 formational needs. 

4 (b) PURPOSES.—The purposes of this Act are to es5 tablish an integrated national system of ocean, coastal, 

6 and Great Lakes observing systems to address regional 

7 and national needs for ocean information and to provide 

8 for— 

9 (1) the planning, development, implementation, 

10 and maintenance of an integrated coastal and ocean 

11 observing system that provides data and information 

12 to sustain and restore healthy marine, coastal, and 

13 Great Lakes ecosystems and manage the resources 

14 they support, aid marine navigation safety and na15 tional security, support economic development, en16 able advances in scientific understanding of the 

17 oceans and the Great Lakes, and strengthen science 

18 education and communication; 

19 (2) implementation of research, development, 

20 education, and outreach programs to improve under21 standing of the marine environment and achieve the 

22 full national benefits of an integrated coastal and 

23 ocean observing system; 

24 (3) implementation of a data, information man25 agement, and modeling system required by all comVerDate Nov 24 2008 20:21 Jan 10, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S171.IS S171

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1 ponents of an integrated coastal and ocean observing 

2 system and related research to develop early warning 

3 systems to more effectively predict and mitigate im4 pacts of natural hazards, improve weather and cli5 mate forecasts, conserve healthy and restore de6 graded coastal ecosystems, and ensure usefulness of 

7 data and information for users; and 

8 (4) establishment of a network of regional asso9 ciations to operate and maintain regional coastal 

10 and ocean observing systems to ensure fulfillment of 

11 national objectives at regional scales and to address 

12 State and local needs for ocean information and 

13 data products. 

14 SEC. 3. DEFINITIONS. 

15 In this Act: 

16 (1) ADMINISTRATOR.—The term ‘‘Adminis17 trator’’ means Administrator of the National Oce18 anic and Atmospheric Administration. 

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

20 National Ocean Research Leadership Council estab21 lished by section 7902 of title 10, United States 

22 Code. 

23 (3) INTERAGENCY OCEAN OBSERVATION COM24 MITTEE.—The term ‘‘Interagency Ocean ObservaVerDate Nov 24 2008 20:21 Jan 10, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S171.IS S171

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1 tion Committee’’ means the committee established 

2 under section 4(d). 

3 (4) NATIONAL OCEANOGRAPHIC PARTNERSHIP

4 PROGRAM.—The term ‘‘National Oceanographic 

5 Partnership Program’’ means the program estab6 lished under section 7901 of title 10, United States 

7 Code. 

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

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

10 Great Lakes observing system to be established by 

11 the Council under section 4(a). 

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

13 the Secretary of Commerce, acting through the Na14 tional Oceanic and Atmospheric Administration. 

15 SEC. 4. INTEGRATED COASTAL AND OCEAN OBSERVING 

16 SYSTEM. 

17 (a) ESTABLISHMENT.—The President, acting 

18 through the Council, shall establish and maintain an inte19 grated system of coastal and ocean observations, data 

20 communication and management, analysis, modeling, re21 search, education, and outreach designed to understand 

22 current conditions and provide data and information for 

23 the timely detection and prediction of changes occurring 

24 in the ocean, coastal and Great Lakes environments that 

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1 tems. The observing system shall provide for long-term, 

2 continuous and quality-controlled observations of the Na3 tion’s coasts, oceans, and Great Lakes in order to— 

4 (1) understand the effects of human activities 

5 and natural variability on and improve the health of 

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

7 (2) monitor key variables including tempera8 ture, salinity, sea level, surface currents, ocean color, 

9 nutrients, and variables, such as acidity, that may 

10 indicate the occurrence and impacts of ocean acidifi11 cation; 

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

13 and environmental changes and protect human lives 

14 and livelihoods from hazards such as tsunami, hurri15 canes, storm surges, coastal erosion, levy breaches, 

16 and fluctuating water levels; 

17 (4) supply critical information to marine-related 

18 businesses such as marine transportation, aqua19 culture, fisheries, and offshore energy production 

20 and aid marine navigation and safety; 

21 (5) support national defense and homeland se22 curity efforts; 

23 (6) support the sustainable use, conservation, 

24 management, and enjoyment of healthy ocean, coast25 al, and Great Lakes resources, better understand the 


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1 interactions of ocean processes within the coastal 

2 zone, and support implementation and refinement of 

3 ecosystem-based management and restoration; 

4 (7) support the protection of critical coastal 

5 habitats, such as coral reefs and wetlands, and 

6 unique ecosystems and resources; 

7 (8) educate the public about the role and im8 portance of the oceans, coasts, and Great Lakes in 

9 daily life; and 

10 (9) support research and development to ensure 

11 improvement to ocean, coastal, and Great Lakes ob12 servation measurements and to enhance under13 standing of the Nation’s ocean, coastal, and Great 

14 Lakes resources. 

15 (b) SYSTEM ELEMENTS.—In order to fulfill the pur16 poses of this Act, the observing system shall consist of the 

17 following program elements: 

18 (1) A national program to fulfill national and 

19 international observation priorities. 

20 (2) A network of regional associations to man21 age the regional coastal and ocean observing and in22 formation programs that collect, measure, and dis23 seminate data and information products. 

24 (3) Data management, communication, and 

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1 semination of data and information products from 

2 the national and regional systems. 

3 (4) A research and development program con4 ducted under the guidance of the Council, including 

5 projects under the National Oceanographic Partner6 ship Program, consisting of the following: 

7 (A) Basic research to advance knowledge 

8 of coastal and ocean systems and ensure im9 provement of operational products, including re10 lated infrastructure, observing technology, and 

11 information technology. 

12 (B) Focused research and technology de13 velopment projects to improve understanding of 

14 the relationship between the coasts and oceans 

15 and human activities. 

16 (C) Large scale computing resources and 

17 research to advance modeling of coastal and 

18 ocean processes. 

19 (5) A coordinated outreach, education, and 

20 training program that integrates and augments ex21 isting programs (such as the National Sea Grant 

22 College Program, the Centers for Ocean Sciences 

23 Education Excellence program, and the National Es24 tuarine Research Reserve System), to ensure the use 

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1 cation and awareness of the Nation’s coastal and 

2 ocean environment and building the technical exper3 tise required to operate and improve the observing 

4 system. 

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

6 as the oversight body for the design and implementation 

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

8 responsibilities under this section, the Council shall— 

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

10 are developed and maintained by the Interagency 

11 Ocean Observation Committee in consultation with 

12 the regional associations; 

13 (2) coordinate the observing system with other 

14 earth observing activities including the Global Ocean 

15 Observing System and the Global Earth Observing 

16 System of Systems; 

17 (3) coordinate and approve programs of intra18 mural and extramural research, technology develop19 ment, education, and outreach to support improve20 ments to and the operation of an integrated coastal 

21 and ocean observing system and to advance the un22 derstanding of the oceans; 

23 (4) promote development of technology and 

24 methods for improving the observing system; 


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1 (5) support the development of institutional 

2 mechanisms and financial instruments to further the 

3 goals of the program and provide for the capitaliza4 tion of the required infrastructure; 

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

6 representation on United States delegations to inter7 national meetings on coastal and ocean observing 

8 programs, including those under the jurisdiction of 

9 the International Joint Commission involving Cana10 dian waters; and 

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

12 support coordination of relevant Federal activities 

13 with those of other nations. 

14 (d) INTERAGENCY OCEAN OBSERVATION COM15 MITTEE.— 

16 (1) ESTABLISHMENT.—The Council shall estab17 lish an Interagency Ocean Observation Committee. 

18 (2) RESPONSIBILITIES.—The Interagency 

19 Ocean Observing Committee shall be responsible for 

20 program planning and coordination of the implemen21 tation of the observing system. 

22 (3) DUTIES.—The Interagency Ocean Observ23 ing Committee shall report to the Council and 

24 shall— 


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1 (A) prepare annual and long-term plans 

2 for consideration and approval by the Council 

3 for the design and implementation of the ob4 serving system that promote collaboration 

5 among Federal agencies and regional associa6 tions in developing global, national, and re7 gional observing systems, including identifica8 tion and refinement of a core set of variables to 

9 be measured by all systems; 

10 (B) coordinate the development of agency 

11 and regional associations priorities and budgets 

12 to implement, operate, and maintain the observ13 ing systems; 

14 (C) establish and refine standards and pro15 tocols for data collection, management and 

16 communications, including quality control 

17 standards, in consultation with participating 

18 Federal agencies and regional associations; 

19 (D) establish a process for assuring com20 pliance for all participating entities with the 

21 standards and protocols for data management 

22 and communications, including quality control 

23 standards; 

24 (E) integrate, improve, and extend existing 

25 programs and research projects, and ensure 


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1 that regional associations are integrated into 

2 the operational observation system on a sus3 tained basis; 

4 (F) provide for the migration of scientific 

5 and technological advances from research and 

6 development to operational deployment; and 

7 (G) perform such duties as the Council 

8 may delegate. 

9 (4) IMPLEMENTATION.—There is established an 

10 Interagency Program Coordinating Office. The Of11 fice shall be— 

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

13 Department of Commerce; and 

14 (B) staffed by employees of agencies rep15 resented on the Interagency Ocean Observation 

16 Committee, to facilitate the Interagency Ocean 

17 Observation Committee’s responsibilities for 

18 system implementation, budgeting, and admin19 istration. 

20 (e) ROLE OF NOAA.—The National Oceanic and At21 mospheric Administration shall provide leadership for the 

22 implementation and administration of the observing sys23 tem, in consultation with the Council, the Interagency 

24 Ocean Observation Committee, other Federal agencies 


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1 that maintain portions of the observing system and the 

2 regional associations, and shall— 

3 (1) establish an Integrated Ocean Observing 

4 Program Office to facilitate action under the Admin5 istration’s leadership; 

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

7 support the activities of regional associations; 

8 (3) provide opportunities for competitive con9 tracts and grants to design, develop, integrate, de10 ploy, and support ocean observation system ele11 ments; 

12 (4) have the authority to enter into and per13 form such contracts, leases, grants, or cooperative 

14 agreements as may be necessary to carry out the 

15 purposes of this Act and on such terms as the Ad16 ministrator deems appropriate; 

17 (5) establish efficient and effective administra18 tive procedures for allocation of funds among con19 tractors, grantees, and regional associations in a 

20 timely manner, and contingent on appropriations ac21 cording to the budget adopted by the Council; 

22 (6) develop and implement a process for the 

23 certification and assimilation into the national ocean 

24 observations network of the regional associations 

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1 tify regional associations that meet the requirements 

2 of subsection (f); and 

3 (7) develop a data management and commu4 nication system, in accordance with the established 

5 standards and protocols, by which all data collected 

6 by the observing system regarding coastal waters of 

7 the United States are integrated and available. 

8 (f) REGIONAL ASSOCIATIONS OF COASTAL AND

9 OCEAN OBSERVING SYSTEMS.— 

10 (1) The Secretary shall initiate a rulemaking 

11 proceeding to establish a process for the certification 

12 of regional associations to be responsible for the de13 velopment and operation of regional coastal and 

14 ocean observing systems to meet the information 

15 needs of user groups in the region while adhering to 

16 national standards. To be certified a regional asso17 ciation shall meet the certification standards devel18 oped by the Interagency Ocean Observing Com19 mittee in conjunction with the regional associations 

20 and approved by the Council and shall— 

21 (A) demonstrate an organizational struc22 ture capable of supporting and integrating all 

23 aspects of coastal and ocean observing and in24 formation programs within a region and that 

25 reflects broad representation from State and 


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1 local government, commercial interests, and 

2 other users and beneficiaries of marine informa3 tion; 

4 (B) operate under a strategic operations 

5 and business plan that details the operation and 

6 support of regional coastal and ocean observing 

7 systems pursuant to the standards approved by 

8 the Council; and 

9 (C) work with governmental entities and 

10 programs at all levels to identify and provide in11 formation products of the observing system for 

12 multiple users in the region to advance outreach 

13 and education, to improve coastal and fishery 

14 management, safe and efficient marine naviga15 tion, weather and climate prediction, to enhance 

16 preparation for hurricanes, tsunami, and other 

17 natural hazards, and other appropriate activi18 ties. 

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

20 Federal agencies may participate in the functions of 

21 the regional associations. 

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

23 1346(b)(1) and chapter 171 of title 28, United States 

24 Code, the Suits in Admiralty Act (46 U.S.C. App. 741 

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


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1 et seq.), any regional coastal and ocean observing system 

2 that is a designated part of a regional association certified 

3 under this section shall, with respect to tort liability aris4 ing from the dissemination and use of the data, in car5 rying out the purposes of this Act, be deemed to be part 

6 of the National Oceanic and Atmospheric Administration, 

7 and any employee of such system, while operating within 

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

9 purposes, shall be deemed to be an employee of the Gov10 ernment. 

11 SEC. 5. PROCESS FOR TRANSITION FROM RESEARCH TO 

12 OPERATION. 

13 The National Oceanic and Atmospheric Administra14 tion, in consultation with the Council, shall formulate a 

15 process by which— 

16 (1) funding is made available for intramural 

17 and extramural research on new technologies for col18 lecting data regarding coastal and ocean waters of 

19 the United States; 

20 (2) such technologies are tested including— 

21 (A) accelerated research into biological and 

22 chemical sensing techniques and satellite sen23 sors for collecting such data; and 

24 (B) developing technologies to improve all 

25 aspects of the observing system, especially the 


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1 timeliness and accuracy of its predictive models 

2 and the usefulness of its information products; 

3 and 

4 (3) funding is made available and a plan is de5 veloped and executed to transition technology that 

6 has been demonstrated to be useful for the observing 

7 system is incorporated into use by the observing sys8 tem. 

9 SEC. 6. INTERAGENCY FINANCING. 

10 The departments and agencies represented on the 

11 Council are authorized to participate in interagency fi12 nancing and share, transfer, receive, obligate, and expend 

13 funds appropriated to any member of the Council for the 

14 purposes of carrying out any administrative or pro15 grammatic project or activity under this Act or under the 

16 National Oceanographic Partnership Program, including 

17 support for the Interagency Oceans Observation Com18 mittee, a common infrastructure, and system integration 

19 for a coastal and ocean observing system. Funds may be 

20 transferred among such departments and agencies 

21 through an appropriate instrument that specifies the 

22 goods, services, or space being acquired from another 

23 Council member and the costs of the same. 


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1 SEC. 7. APPLICATION WITH OTHER LAWS. 

2 Nothing in this Act supersedes or limits the authority 

3 of any agency to carry out its responsibilities and missions 

4 under other laws. 

5 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

6 There are authorized to be appropriated to the Na7 tional Oceanic and Atmospheric Administration for the 

8 implementation of this Act, $150,000,000 for each of fis9 cal years 2009 through 2011 and $175,000,000 for each 

10 of fiscal years 2012 and 2013. At least 50 percent of these 

11 sums shall be allocated to the regional associations cer12 tified under section 4(f) for implementation of regional 

13 coastal and ocean observing systems. 

14 SEC. 9. IMPLEMENTATION PLAN. 

15 Not later than 12 months after the date of the enact16 ment of this Act, the Secretary shall submit to the Con17 gress and the Council a plan for implementation of this 

18 Act, including for— 

19 (1) coordinating activities of the Secretary 

20 under this Act with other Federal agencies; and 

21 (2) distributing, to regional associations, funds 

22 available to carry out this Act. 

23 SEC. 10. REPORT TO CONGRESS. 

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

25 date of the enactment of this Act and every 2 years there26 after, the Administrator shall prepare and the President 


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1 acting through the Council shall approve and transmit to 

2 the Congress a report on progress made in implementing 

3 this Act. 

4 (b) CONTENTS.—The report shall include the fol5 lowing: 

6 (1) A description of activities carried out under 

7 the implementation plan and this Act. 

8 (2) An evaluation of the effectiveness of the ob9 serving system. 

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

11 products resulting from the observing system (in12 cluding the general public, industry, scientists, re13 source managers, emergency responders, policy mak14 ers, and educators). 

15 (4) Recommendations concerning— 

16 (A) modifications to the observing system; 

17 and 

18 (B) funding levels for the observing system 

19 in subsequent fiscal years. 

20 (5) The results of a periodic external inde21 pendent programmatic audit of the observing sys22 tem. 

Æ 


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