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[Congressional Record Volume 155, Number 3 (Thursday, January 8, 2009)]
[Senate]
[Pages S215-S219]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By 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):
  S. 171. A bill to develop and maintain an integrated system of 
coastal and ocean observations for the Nation's coasts, oceans, and 
Great Lakes, to improve warnings of tsunami, hurricanes, El Nino 
events, and other natural hazards, to enhance homeland security, to 
support maritime operations, to improve management of coastal and 
marine resources, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.
  Ms. SNOWE. Mr. President, I rise today to introduce the Coastal and 
Ocean Observation System Act of 2009 and the NOAA Undersea Research 
Program Act of 2009. These bills will greatly enhance our nation's 
existing ocean

[[Page S216]]

observation and research capabilities and drastically improve our 
understanding of the marine environment.
  Oceans cover nearly three quarters of the Earth's surface, and have 
great influence over our lives. They shape our weather and climate 
systems, provide highways for international and domestic commerce, 
sustain rich living and non-living resources on which many of our 
livelihoods are based, and provide our nation over 95,000 miles of 
shoreline which is the backbone of tourist and recreational activities 
in many of our coastal states. Despite the constant, intricate 
interaction between our lives on land and the natural systems of the 
ocean, we know woefully little about the physical properties of the 
overwhelming majority of our planet. What lies over the horizon 
remains, by most accounts, a mystery.
  Yet, the effects of those mysterious systems can be devastating. In 
recent years, hurricanes, tsunamis, and other natural disasters have 
devastated regions of our nation, and other parts of the world. Today, 
we have the technology to monitor a wide range of ocean-based threats, 
from destructive storms to quieter dangers such as harmful algal blooms 
and man-made pollution. The purpose of the Coastal Ocean Observing 
System Act is to put that technology to work predicting these threats 
more accurately and, when possible, mitigating their impacts.
  This bipartisan, science-based bill would authorize the National 
Oceanic and Atmospheric Administration, or NOAA, to coordinate an 
interagency network of ocean observing and communication systems around 
our nation's coastlines. This system would collect instantaneous data 
and information on ocean conditions--such as temperature, wave height, 
wind speed, currents, dissolved oxygen, salinity, contaminants, and 
other variables-- that are essential to marine science and resource 
management and can be used to improve maritime transportation, safety, 
and commerce. Such data would improve both short-term forecasting that 
can mitigate impacts of major disasters, and prediction and scientific 
analysis of long-term ocean and climate trends.
  My home State of Maine currently participates in an innovative 
partnership known as the Gulf of Maine Ocean Observing System, or 
GoMOOS. Launched in 2001, GoMOOS takes ocean and surface condition 
measurements on a hourly basis through a network of linked buoys. These 
data are subsequently made available via the GoMOOS website to 
scientists, students, vessel captains, fishermen, and anyone else with 
an interest in our oceans. The vast geographic range and frequency of 
measurements has led to unprecedented developments in scientific 
analysis of ocean conditions in the Gulf of Maine. It has also 
contributed invaluable information to our region's assessments of 
fisheries, weather conditions, and predictions of other ocean 
phenomena.

  Unfortunately, due to recent budget cuts within NOAA, in 2008 GoMOOS 
was forced to remove several buoys from the water, compromising the 
integrity of the system and reducing the quality of data available to 
system users. The funding levels authorized in this bill will ensure 
that this system, which has been shown to return $6 to the regional 
economy for every dollar invested, will continue to grow and provide 
its vital services to our maritime community.
  Of course, the need to access this type of information is not limited 
to the Gulf of Maine. In June 2006, the Joint Ocean Commission 
Initiative, made up of members from the Pew Ocean Commission and the 
U.S. Commission on Ocean Policy, presented to Congress a list of the 
``top ten'' actions Congress should take to strengthen our ocean policy 
regime. One of those priorities was ``enact legislation to authorize 
and fund the Integrated Ocean Observing System.'' Ocean and coastal 
observations are a cornerstone of sound marine science, management, and 
commerce. This bill will save lives by allowing seafarers to better 
monitor ocean conditions and providing timelier and more accurate 
predictions of potentially catastrophic weather and seismic phenomena. 
It will save taxpayers' dollars by reducing the emergency spending that 
comes in the wake of unanticipated storms, and it will enhance the 
appreciation and understanding of our oceans and coastal regions to 
benefit all Americans.
  I am very proud to introduce this bill, and I would like to thank my 
cosponsors, Senators Cantwell, Inouye, Rockefeller, Landrieu, Kerry, 
Boxer, Reed, Collins, and Bill Nelson for contributing to this 
legislation and supporting this national initiative. Of course, our 
current and expanding ocean observation and communication system would 
not be possible without the work of dedicated professionals in the 
ocean and coastal science, management, and research communities--they 
have taken the initiative to develop the grassroots regional 
observation systems as well as contribute to this legislation. Thanks 
to their ongoing efforts, ocean observations will continue to provide a 
tremendous service to the American public.
  While my ocean observing legislation will greatly enhance our ability 
to analyze and disseminate oceanographic and meteorological data, we 
also face a shortfall in our Nation's ability to explore vast regions 
of our undersea territory. Nearly 3 years ago the U.S. Commission on 
Ocean Policy released its long-awaited report, which noted that 
approximately 95 percent of the ocean's floor remains uncharted 
territory. If past experience is any indication, fascinating 
discoveries await us in these vast unexplored areas. These regions are 
sure to include species of marine life that are currently unknown to 
science, archaeological and historical artifacts that can shed new 
light on our past, and marine resources that may support our ongoing 
quest for a sustainable future.
  In 2004 the U.S. Ocean Policy Commissioners called for enhanced, 
comprehensive national programs in ocean exploration, undersea 
research, and ocean and coastal mapping. The vision of the 
Commissioners, one that I share, is for well-funded and 
interdisciplinary programs. Such programs are being led by NOAA, with 
significant input from partners in other agencies, academia, and 
industry, but currently they lack formal Congressional authorization. 
This legislation would establish those programs, and provide a strong 
foundation upon which we can continue to expand the quest for knowledge 
to areas of the planet that have literally never been seen by human 
eyes. I look forward to seeing these efforts enhanced under this 
legislation.
  I am proud to introduce this legislation today as well, and I thank 
my cosponsors on this bill, Senators Inouye, and Rockefeller for their 
support. I would also like to acknowledge my support for three other 
oceans bills being introduced by my colleagues simultaneously with 
these two bills: the Federal Ocean Acidification Research and 
Monitoring Act, the Coastal and Estuarine Lands Protection Act, and the 
Ocean and Coastal Mapping and Integration Act. All will be integral to 
enhancing our nation's coasts and oceans and I am pleased to support my 
colleagues' efforts by offering my cosponsorship of these three pieces 
of legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 171

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Coastal and Ocean 
     Observation System Act of 2009''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The United States Commission on Ocean Policy recommends 
     a national commitment to a sustained and integrated coastal 
     and ocean observing system and to coordinated research 
     programs which would provide vital information to assist the 
     Nation and the world in understanding, monitoring, and 
     predicting changes to the ocean and coastal resources and the 
     global climate system, enhancing homeland security, improving 
     weather and climate forecasts, strengthening management and 
     sustainable use of coastal and ocean resources, improving the 
     safety and efficiency of maritime operations, and mitigating 
     the impacts of marine hazards.
       (2) The continuing and potentially devastating threat posed 
     by tsunami, hurricanes, storm surges, and other marine 
     hazards requires immediate implementation of strengthened 
     observation and communications, and data management systems 
     to provide timely detection, assessment, and warnings and to 
     support response strategies for

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     the millions of people living in coastal regions of the 
     United States and throughout the world.
       (3) Safeguarding homeland security, conducting search and 
     rescue operations, responding to natural and manmade coastal 
     hazards (such as oil spills and harmful algal blooms), and 
     managing fisheries and other coastal activities each require 
     improved understanding and monitoring of the Nation's waters, 
     coastlines, ecosystems, and resources, including the ability 
     to provide rapid response teams with real-time environmental 
     conditions necessary for their work.
       (4) The 95,000-mile coastline of the United States, 
     including the Great Lakes, is vital to the Nation's 
     prosperity, contributing over $117 billion to the national 
     economy in 2000, supporting jobs for more than 200 million 
     Americans, handling $700 billion in waterborne commerce, and 
     supporting commercial and sport fisheries valued at more than 
     $50 billion annually.
       (5) Ensuring the effective implementation of National and 
     State programs to protect unique coastal and ocean habitats, 
     such as wetlands and coral reefs, and living marine resources 
     requires a sustained program of research and monitoring to 
     understand these natural systems and detect changes that 
     could jeopardize their long term viability.
       (6) Many elements of a coastal and ocean observing system 
     are in place, but require national investment, consolidation, 
     completion, and integration among international, Federal, 
     regional, State, and local elements.
       (7) In 2003, the United States led more than 50 nations in 
     affirming the vital importance of timely, reliable, long-term 
     global observations as a basis for sound decision-making, 
     recognizing the contribution of observation systems to meet 
     national, regional, and global needs, and calling for 
     strengthened cooperation and coordination in establishing a 
     Global Earth Observation System of Systems, of which an 
     integrated coastal and ocean observing system is an essential 
     part.
       (8) Protocols and reporting for observations, measurements, 
     and other data collection for a coastal and ocean observing 
     system should be standardized to facilitate data use and 
     dissemination.
       (9) Key variables, including temperature, salinity, sea 
     level, surface currents, ocean color, nutrients, and 
     variables, such as acidity, that may indicate the occurrence 
     and impacts of ocean acidification, should be collected to 
     address a variety of informational needs.
       (b) Purposes.--The purposes of this Act are to establish an 
     integrated national system of ocean, coastal, and Great Lakes 
     observing systems to address regional and national needs for 
     ocean information and to provide for--
       (1) the planning, development, implementation, and 
     maintenance of an integrated coastal and ocean observing 
     system that provides data and information to sustain and 
     restore healthy marine, coastal, and Great Lakes ecosystems 
     and manage the resources they support, aid marine navigation 
     safety and national security, support economic development, 
     enable advances in scientific understanding of the oceans and 
     the Great Lakes, and strengthen science education and 
     communication;
       (2) implementation of research, development, education, and 
     outreach programs to improve understanding of the marine 
     environment and achieve the full national benefits of an 
     integrated coastal and ocean observing system;
       (3) implementation of a data, information management, and 
     modeling system required by all components of an integrated 
     coastal and ocean observing system and related research to 
     develop early warning systems to more effectively predict and 
     mitigate impacts of natural hazards, improve weather and 
     climate forecasts, conserve healthy and restore degraded 
     coastal ecosystems, and ensure usefulness of data and 
     information for users; and
       (4) establishment of a network of regional associations to 
     operate and maintain regional coastal and ocean observing 
     systems to ensure fulfillment of national objectives at 
     regional scales and to address State and local needs for 
     ocean information and data products.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       (2) Council.--The term ``Council'' means the National Ocean 
     Research Leadership Council established by section 7902 of 
     title 10, United States Code.
       (3) Interagency ocean observation committee.--The term 
     ``Interagency Ocean Observation Committee'' means the 
     committee established under section 4(d).
       (4) National oceanographic partnership program.--The term 
     ``National Oceanographic Partnership Program'' means the 
     program established under section 7901 of title 10, United 
     States Code.
       (5) Observing system.--The term ``observing system'' means 
     the integrated coastal, ocean, and Great Lakes observing 
     system to be established by the Council under section 4(a).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce, acting through the National Oceanic and 
     Atmospheric Administration.

     SEC. 4. INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM.

       (a) Establishment.--The President, acting through the 
     Council, shall establish and maintain an integrated system of 
     coastal and ocean observations, data communication and 
     management, analysis, modeling, research, education, and 
     outreach designed to understand current conditions and 
     provide data and information for the timely detection and 
     prediction of changes occurring in the ocean, coastal and 
     Great Lakes environments that impact the Nation's social, 
     economic, and ecological systems. The observing system shall 
     provide for long-term, continuous and quality-controlled 
     observations of the Nation's coasts, oceans, and Great Lakes 
     in order to--
       (1) understand the effects of human activities and natural 
     variability on and improve the health of the Nation's coasts, 
     oceans, and Great Lakes;
       (2) monitor key variables including temperature, salinity, 
     sea level, surface currents, ocean color, nutrients, and 
     variables, such as acidity, that may indicate the occurrence 
     and impacts of ocean acidification;
       (3) measure, track, explain, and predict climatic and 
     environmental changes and protect human lives and livelihoods 
     from hazards such as tsunami, hurricanes, storm surges, 
     coastal erosion, levy breaches, and fluctuating water levels;
       (4) supply critical information to marine-related 
     businesses such as marine transportation, aquaculture, 
     fisheries, and offshore energy production and aid marine 
     navigation and safety;
       (5) support national defense and homeland security efforts;
       (6) support the sustainable use, conservation, management, 
     and enjoyment of healthy ocean, coastal, and Great Lakes 
     resources, better understand the interactions of ocean 
     processes within the coastal zone, and support implementation 
     and refinement of ecosystem-based management and restoration;
       (7) support the protection of critical coastal habitats, 
     such as coral reefs and wetlands, and unique ecosystems and 
     resources;
       (8) educate the public about the role and importance of the 
     oceans, coasts, and Great Lakes in daily life; and
       (9) support research and development to ensure improvement 
     to ocean, coastal, and Great Lakes observation measurements 
     and to enhance understanding of the Nation's ocean, coastal, 
     and Great Lakes resources.
       (b) System Elements.--In order to fulfill the purposes of 
     this Act, the observing system shall consist of the following 
     program elements:
       (1) A national program to fulfill national and 
     international observation priorities.
       (2) A network of regional associations to manage the 
     regional coastal and ocean observing and information programs 
     that collect, measure, and disseminate data and information 
     products.
       (3) Data management, communication, and modeling systems 
     for the timely integration and dissemination of data and 
     information products from the national and regional systems.
       (4) A research and development program conducted under the 
     guidance of the Council, including projects under the 
     National Oceanographic Partnership Program, consisting of the 
     following:
       (A) Basic research to advance knowledge of coastal and 
     ocean systems and ensure improvement of operational products, 
     including related infrastructure, observing technology, and 
     information technology.
       (B) Focused research and technology development projects to 
     improve understanding of the relationship between the coasts 
     and oceans and human activities.
       (C) Large scale computing resources and research to advance 
     modeling of coastal and ocean processes.
       (5) A coordinated outreach, education, and training program 
     that integrates and augments existing programs (such as the 
     National Sea Grant College Program, the Centers for Ocean 
     Sciences Education Excellence program, and the National 
     Estuarine Research Reserve System), to ensure the use of data 
     and information for improving public education and awareness 
     of the Nation's coastal and ocean environment and building 
     the technical expertise required to operate and improve the 
     observing system.
       (c) Council Functions.--The Council shall serve as the 
     oversight body for the design and implementation of all 
     aspects of the observing system. In carrying out its 
     responsibilities under this section, the Council shall--
       (1) adopt plans, budgets, and standards that are developed 
     and maintained by the Interagency Ocean Observation Committee 
     in consultation with the regional associations;
       (2) coordinate the observing system with other earth 
     observing activities including the Global Ocean Observing 
     System and the Global Earth Observing System of Systems;
       (3) coordinate and approve programs of intramural and 
     extramural research, technology development, education, and 
     outreach to support improvements to and the operation of an 
     integrated coastal and ocean observing system and to advance 
     the understanding of the oceans;
       (4) promote development of technology and methods for 
     improving the observing system;
       (5) support the development of institutional mechanisms and 
     financial instruments to further the goals of the program and 
     provide for the capitalization of the required 
     infrastructure;
       (6) provide, as appropriate, support for and representation 
     on United States delegations to international meetings on 
     coastal and

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     ocean observing programs, including those under the 
     jurisdiction of the International Joint Commission involving 
     Canadian waters; and
       (7) in consultation with the Secretary of State, support 
     coordination of relevant Federal activities with those of 
     other nations.
       (d) Interagency Ocean Observation Committee.--
       (1) Establishment.--The Council shall establish an 
     Interagency Ocean Observation Committee.
       (2) Responsibilities.--The Interagency Ocean Observing 
     Committee shall be responsible for program planning and 
     coordination of the implementation of the observing system.
       (3) Duties.--The Interagency Ocean Observing Committee 
     shall report to the Council and shall--
       (A) prepare annual and long-term plans for consideration 
     and approval by the Council for the design and implementation 
     of the observing system that promote collaboration among 
     Federal agencies and regional associations in developing 
     global, national, and regional observing systems, including 
     identification and refinement of a core set of variables to 
     be measured by all systems;
       (B) coordinate the development of agency and regional 
     associations priorities and budgets to implement, operate, 
     and maintain the observing systems;
       (C) establish and refine standards and protocols for data 
     collection, management and communications, including quality 
     control standards, in consultation with participating Federal 
     agencies and regional associations;
       (D) establish a process for assuring compliance for all 
     participating entities with the standards and protocols for 
     data management and communications, including quality control 
     standards;
       (E) integrate, improve, and extend existing programs and 
     research projects, and ensure that regional associations are 
     integrated into the operational observation system on a 
     sustained basis;
       (F) provide for the migration of scientific and 
     technological advances from research and development to 
     operational deployment; and
       (G) perform such duties as the Council may delegate.
       (4) Implementation.--There is established an Interagency 
     Program Coordinating Office. The Office shall be--
       (A) located in, but is not an office of, the Department of 
     Commerce; and
       (B) staffed by employees of agencies represented on the 
     Interagency Ocean Observation Committee, to facilitate the 
     Interagency Ocean Observation Committee's responsibilities 
     for system implementation, budgeting, and administration.
       (e) Role of NOAA.--The National Oceanic and Atmospheric 
     Administration shall provide leadership for the 
     implementation and administration of the observing system, in 
     consultation with the Council, the Interagency Ocean 
     Observation Committee, other Federal agencies that maintain 
     portions of the observing system and the regional 
     associations, and shall--
       (1) establish an Integrated Ocean Observing Program Office 
     to facilitate action under the Administration's leadership;
       (2) implement a merit-based funding process to support the 
     activities of regional associations;
       (3) provide opportunities for competitive contracts and 
     grants to design, develop, integrate, deploy, and support 
     ocean observation system elements;
       (4) have the authority to enter into and perform such 
     contracts, leases, grants, or cooperative agreements as may 
     be necessary to carry out the purposes of this Act and on 
     such terms as the Administrator deems appropriate;
       (5) establish efficient and effective administrative 
     procedures for allocation of funds among contractors, 
     grantees, and regional associations in a timely manner, and 
     contingent on appropriations according to the budget adopted 
     by the Council;
       (6) develop and implement a process for the certification 
     and assimilation into the national ocean observations network 
     of the regional associations and their periodic review and 
     recertification and certify regional associations that meet 
     the requirements of subsection (f); and
       (7) develop a data management and communication system, in 
     accordance with the established standards and protocols, by 
     which all data collected by the observing system regarding 
     coastal waters of the United States are integrated and 
     available.
       (f) Regional Associations of Coastal and Ocean Observing 
     Systems.--
       (1) The Secretary shall initiate a rulemaking proceeding to 
     establish a process for the certification of regional 
     associations to be responsible for the development and 
     operation of regional coastal and ocean observing systems to 
     meet the information needs of user groups in the region while 
     adhering to national standards. To be certified a regional 
     association shall meet the certification standards developed 
     by the Interagency Ocean Observing Committee in conjunction 
     with the regional associations and approved by the Council 
     and shall--
       (A) demonstrate an organizational structure capable of 
     supporting and integrating all aspects of coastal and ocean 
     observing and information programs within a region and that 
     reflects broad representation from State and local 
     government, commercial interests, and other users and 
     beneficiaries of marine information;
       (B) operate under a strategic operations and business plan 
     that details the operation and support of regional coastal 
     and ocean observing systems pursuant to the standards 
     approved by the Council; and
       (C) work with governmental entities and programs at all 
     levels to identify and provide information products of the 
     observing system for multiple users in the region to advance 
     outreach and education, to improve coastal and fishery 
     management, safe and efficient marine navigation, weather and 
     climate prediction, to enhance preparation for hurricanes, 
     tsunami, and other natural hazards, and other appropriate 
     activities.
       (2) For the purposes of this Act, employees of Federal 
     agencies may participate in the functions of the regional 
     associations.
       (g) Civil Liability.--For purposes of section 1346(b)(1) 
     and chapter 171 of title 28, United States Code, the Suits in 
     Admiralty Act (46 U.S.C. App. 741 et seq.), and the Public 
     Vessels Act (46 U.S.C. App. 781 et seq.), any regional 
     coastal and ocean observing system that is a designated part 
     of a regional association certified under this section shall, 
     with respect to tort liability arising from the dissemination 
     and use of the data, in carrying out the purposes of this 
     Act, be deemed to be part of the National Oceanic and 
     Atmospheric Administration, and any employee of such system, 
     while operating within the scope of his or her employment in 
     carrying out such purposes, shall be deemed to be an employee 
     of the Government.

     SEC. 5. PROCESS FOR TRANSITION FROM RESEARCH TO OPERATION.

       The National Oceanic and Atmospheric Administration, in 
     consultation with the Council, shall formulate a process by 
     which--
       (1) funding is made available for intramural and extramural 
     research on new technologies for collecting data regarding 
     coastal and ocean waters of the United States;
       (2) such technologies are tested including--
       (A) accelerated research into biological and chemical 
     sensing techniques and satellite sensors for collecting such 
     data; and
       (B) developing technologies to improve all aspects of the 
     observing system, especially the timeliness and accuracy of 
     its predictive models and the usefulness of its information 
     products; and
       (3) funding is made available and a plan is developed and 
     executed to transition technology that has been demonstrated 
     to be useful for the observing system is incorporated into 
     use by the observing system.

     SEC. 6. INTERAGENCY FINANCING.

       The departments and agencies represented on the Council are 
     authorized to participate in interagency financing and share, 
     transfer, receive, obligate, and expend funds appropriated to 
     any member of the Council for the purposes of carrying out 
     any administrative or programmatic project or activity under 
     this Act or under the National Oceanographic Partnership 
     Program, including support for the Interagency Oceans 
     Observation Committee, a common infrastructure, and system 
     integration for a coastal and ocean observing system. Funds 
     may be transferred among such departments and agencies 
     through an appropriate instrument that specifies the goods, 
     services, or space being acquired from another Council member 
     and the costs of the same.

     SEC. 7. APPLICATION WITH OTHER LAWS.

       Nothing in this Act supersedes or limits the authority of 
     any agency to carry out its responsibilities and missions 
     under other laws.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the National 
     Oceanic and Atmospheric Administration for the implementation 
     of this Act, $150,000,000 for each of fiscal years 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.

     SEC. 9. IMPLEMENTATION PLAN.

       Not later than 12 months after the date of the enactment of 
     this Act, the Secretary shall submit to the Congress and the 
     Council a plan for implementation of this Act, including 
     for--
       (1) coordinating activities of the Secretary under this Act 
     with other Federal agencies; and
       (2) distributing, to regional associations, funds available 
     to carry out this Act.

     SEC. 10. REPORT TO CONGRESS.

       (a) Requirement.--Not later than 2 years after the date of 
     the enactment of this Act and every 2 years thereafter, the 
     Administrator shall prepare and the President acting through 
     the Council shall approve and transmit to the Congress a 
     report on progress made in implementing this Act.
       (b) Contents.--The report shall include the following:
       (1) A description of activities carried out under the 
     implementation plan and this Act.
       (2) An evaluation of the effectiveness of the observing 
     system.
       (3) Benefits of the program to users of data products 
     resulting from the observing system (including the general 
     public, industry, scientists, resource managers, emergency 
     responders, policy makers, and educators).
       (4) Recommendations concerning--
       (A) modifications to the observing system; and
       (B) funding levels for the observing system in subsequent 
     fiscal years.

[[Page S219]]

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