January 8, 2009 CONGRESSIONAL RECORD — SENATE S215 

Police Hiring Grants: The bill authorizes $600 million per year to hire up 

to 50,000 officers to work in community 

policing efforts, and school resource officers to fight school violence. These 

funds will create jobs in a worsening 

economy, and can be used to retain officers, pay overtime costs, and reimburse officers for training costs. 

Law Enforcement Technology 

Grants: The bill authorizes $350 million 

per year for police departments to obtain new technology and equipment to 

analyze real-time crime data and incident reports to anticipate crime 

trends, map crime ‘‘hot-spots’’, examine DNA evidence, and purchasing 

badly needed technology upgrades for 

police on the street. 

Community Prosecutor Grants: The 

bill authorizes $200 million per year to 

help local district attorneys hire and 

train more prosecutors. 

Troops-to-Cops Program: The bill authorizes a troops-to-cops program to 

encourage local police agencies to hire 

former military personnel who are honorably discharged from military service or who are displaced by base closings to allow them to continue working 

and engaging in public service. 

The COPS Program is a time-tested 

program that has proven its effectiveness for years. It is one of the cornerstones in the State and local law enforcement efforts that have removed 

thousands of pounds of drugs and millions of dollars worth of drug proceeds 

from communities across the country. 

Money from the COPS Program provides law enforcement with the officers, prosecutors and technology that 

they need to keep our communities 

safe. All we have to do is look at the 

rising rates of violent crime that correspond to the staggering funding cuts 

to understand how important these 

programs are for our country. 

We must provide the necessary tools 

and funds to State and local law enforcement and act decisively to combat 

the nation’s growing gang problem and 

violent crime. Enacting the COPS Improvement Act of 2009 will be a step in 

the right direction. I hope my colleagues will join Senator KOHL and I in 

supporting this important legislation. 

By Mrs. FEINSTEIN (for herself, 

Mr. KYL, Mrs. BOXER, Mrs. 

HUTCHISON, Mr. SCHUMER, Mr. 

CORNYN, Mr. DURBIN, Mr. 

CRAPO, Mr. BINGAMAN, Mr. 

SPECTER, Ms. CANTWELL, and 

Mr. MCCAIN): 

S. 168. A bill to amend the Immigration and Nationality Act to provide for 

compensation to States incarcerating 

undocumented aliens charged with a 

felony or 2 or more misdemeanors; to 

the Committee on the Judiciary. 

Mrs. FEINSTEIN. Mr. President, 

today the Senate Judiciary Committee 

held a hearing entitled ‘‘Helping State 

and Local Law Enforcement During an 

Economic Downturn.’’ Today Senator 

KYL and I are introducing a bill that 

will do just that. The SCAAP Reimbursement Protection Act of 2009 will 

help to alleviate the costs of illegal immigration to State and local governments by broadening the State Criminal Alien Assistance Program, SCAAP, 

to ensure that States and localities are 

eligible for reimbursement of the costs 

associated with incarcerating criminal 

aliens. 

We are joined today by Senators 

BOXER, HUTCHINSON, SCHUMER, CORNYN, 

DURBIN, CRAPO, BINGAMAN, SPECTER, 

CANTWELL, and MCCAIN. 

The burden of incarcerating criminal 

aliens weighs heavily on States, especially during this time of economic uncertainty. California is home to approximately 32 percent of the Nation’s 

illegal immigrants and spent over $950 

million in 2008 alone to house these 

criminal aliens. 

Understanding the expenses that 

States and localities bear, Congress enacted SCAAP in 1994 to help reimburse 

States and localities for the costs of incarcerating criminal aliens. Prior to 

2003, the Department of Justice interpreted the SCAAP statute to include 

reimbursement to States and localities 

that are incurring costs of incarcerating undocumented criminal aliens 

who have been accused or convicted of 

State and local offenses and have been 

incarcerated for a minimum of 72 

hours. After 2003, DOJ limited reimbursement to the amount States and 

localities spend incarcerating convicted criminal aliens for at least 4 

consecutive days. 

Reimbursing States and localities 

only for the costs when a criminal 

alien is convicted and incarcerated for 

4 consecutive days significantly undermines the goal of SCAAP that States 

and localities should not bear the burden of a broken Federal immigration 

system. The actual costs of this failed 

Federal system begin when these aliens 

are charged with a crime, transported, 

and incarcerated for any length of 

time. 

This narrow interpretation is even 

more devastating because SCAAP is 

consistently under-funded. The President has zeroed out SCAAP funding in 

his budget proposals for the past 7 

years. Through bipartisan support, 

Congress was only able to partially 

fund the program. 

As a result, SCAAP only reimburses 

States for a fraction of the costs of incarcerating criminal aliens. In 2008, the 

California State government will receive approximately $118 million in 

SCAAP funding. However, it is estimated to cost the State approximately 

$960 million each year for the incarceration of criminal aliens in California— 

$842 million above the reimbursement 

amount. The State of California is 

therefore only being reimbursed for approximately 12 percent of its actual 

costs to incarcerate illegal criminal 

aliens. 

This cut has had a domino effect on 

public safety funding. For every dollar 

less that SCAAP reimburses States, a 

dollar less is available for critical public safety services. For example, after 

the SCAAP funding cuts in 2003, the 

Los Angeles County Sheriff’s Department implemented an ‘‘early release’’ 

policy for prisoners convicted of misdemeanors. 

I believe it is the Federal Government’s responsibility to control illegal 

immigration. The funding cuts imposed 

by the Bush administration have let 

our local public safety services down, 

and have made our communities less 

safe. 

The SCAAP Reimbursement Protection Act of 2009 is good federal policy 

to fix a failed Federal one—so that 

States are reimbursed for the full costs 

of incarcerating aliens who are either 

charged with or convicted of a felony 

or two misdemeanors. 

This policy has the support of the 

National Sheriffs’ Association, California State Association of Counties, 

the U.S./Mexico Border Counties Coalition, the Virginia Sheriffs’ Association, 

the Los Angeles County Sheriff Lee 

Baca, and the Sheriffs’ Association of 

Texas, who have all endorsed the bill I 

am reintroducing today. 

Our colleagues in the House unanimously passed this companion bill last 

Congress and I urge my colleagues in 

this chamber to join me in supporting 

this much needed amendment to the 

SCAAP statute. 

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. 168 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘SCAAP Reimbursement Protection Act of 2009’’. 

SEC. 2. ASSISTANCE FOR STATES INCARCERATING UNDOCUMENTED ALIENS 

CHARGED WITH CERTAIN CRIMES. 

Section 241(i)(3)(A) of the Immigration and 

Nationality Act (8 U.S.C. 1231(i)(3)(A)) is 

amended by inserting ‘‘charged with or’’ before ‘‘convicted’’. 

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 


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S216 CONGRESSIONAL RECORD — SENATE January 8, 2009 

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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January 8, 2009 CONGRESSIONAL RECORD — SENATE S217 

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 marinerelated 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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S218 CONGRESSIONAL RECORD — SENATE January 8, 2009 

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. 


rfrederick on PROD1PC67 with SENATE
January 8, 2009 CONGRESSIONAL RECORD — SENATE S219 

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

system. 

By Ms. SNOWE (for herself, Mr. 

INOUYE, and Mr. ROCKEFELLER): 

S. 172. A bill to establish a coordinated national ocean exploration program within the National Oceanic and 

Atmospheric Administration, and for 

other purposes; to the Committee on 

Commerce, Science, and Transportation. 

Ms. SNOWE. 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. 172 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘NOAA Ocean 

Exploration and Undersea Research Program 

Act of 2009’’. 

TITLE I—OCEAN EXPLORATION 

SEC. 101. PURPOSE. 

The purpose of this title is to establish the 

national ocean exploration program and the 

national undersea research program within 

the National Oceanic and Atmospheric Administration. 

SEC. 102. PROGRAM ESTABLISHED. 

The Administrator of the National Oceanic 

and Atmospheric Administration shall, in 

consultation with the National Science 

Foundation and other appropriate Federal 

agencies, establish a coordinated national 

ocean exploration program within the National Oceanic and Atmospheric Administration that promotes collaboration with other 

Federal ocean and undersea research and exploration programs. To the extent appropriate, the Administrator shall seek to facilitate coordination of data and information 

management systems, outreach and education programs to improve public understanding of ocean and coastal resources, and 

development and transfer of technologies to 

facilitate ocean and undersea research and 

exploration. 

SEC. 103. POWERS AND DUTIES OF THE ADMINISTRATOR. 

(a) IN GENERAL.—In carrying out the program authorized by section 102, the Administrator of the National Oceanic and Atmospheric Administration shall— 

(1) conduct interdisciplinary voyages or 

other scientific activities in conjunction 

with other Federal agencies or academic or 

educational institutions, to explore and survey little known areas of the marine environment, inventory, observe, and assess living and nonliving marine resources, and report such findings; 

(2) give priority attention to deep ocean regions, with a focus on deep water marine systems that hold potential for important scientific discoveries, such as hydrothermal 

vent communities and seamounts; 

(3) conduct scientific voyages to locate, define, and document historic shipwrecks, submerged sites, and other ocean exploration 

activities that combine archaeology and 

oceanographic sciences; 

(4) develop and implement, in consultation 

with the National Science Foundation, a 

transparent, competitive process for meritbased peer-review and approval of proposals 

for activities to be conducted under this program, taking into consideration advice of 

the Board established under section 105; 

(5) enhance the technical capability of the 

United States marine science community by 

promoting the development of improved 

oceanographic research, communication, 

navigation, and data collection systems, as 

well as underwater platforms and sensor and 

autonomous vehicles; and 

(6) establish an ocean exploration forum to 

encourage partnerships and promote communication among experts and other stakeholders in order to enhance the scientific and 

technical expertise and relevance of the national program. 

(b) DONATIONS.—The Administrator may 

accept donations of property, data, and 

equipment to be applied for the purpose of 

exploring the oceans or increasing knowledge of the oceans. 

SEC. 104. OCEAN EXPLORATION AND UNDERSEA 

RESEARCH TECHNOLOGY AND INFRASTRUCTURE TASK FORCE. 

(a) IN GENERAL.— The Administrator of the 

National Oceanic and Atmospheric Administration, in coordination with the National 

Science Foundation, the National Aeronautics and Space Administration, the 

United States Geological Survey, the Department of the Navy, the Mineral Management Service, and relevant governmental, 

non-governmental, academic, industry, and 

other experts, shall convene an ocean exploration and undersea research technology and 

infrastructure task force to develop and implement a strategy— 

(1) to facilitate transfer of new exploration 

and undersea research technology to the programs authorized under this Act; 

(2) to improve availability of communications infrastructure, including satellite capabilities, to such programs; 

(3) to develop an integrated, workable, and 

comprehensive data management information processing system that will make information on unique and significant features 

obtained by such programs available for research and management purposes; 

(4) to conduct public outreach activities 

that improve the public understanding of 

ocean science, resources, and processes, in 

conjunction with relevant programs of the 

National Oceanic and Atmospheric Administration, the National Science Foundation, 

and other agencies; and 

(5) to encourage cost-sharing partnerships 

with governmental and nongovernmental entities that will assist in transferring exploration and undersea research technology and 

technical expertise to the programs. 

(b) BUDGET COORDINATION.—The task force 

shall coordinate the development of agency 

budgets and identify the items in their annual budget that support the activities identified in the strategy developed under subsection (a). 

SEC. 105. OCEAN EXPLORATION ADVISORY 

BOARD. 

(a) ESTABLISHMENT.—The Administrator of 

the National Oceanic and Atmospheric Administration shall appoint an Ocean Exploration Advisory Board composed of experts 

in relevant fields— 

(1) to advise the Administrator on priority 

areas for survey and discovery; 

(2) to assist the program in the development of a 5-year strategic plan for the fields 

of ocean, marine, and Great Lakes science, 

exploration, and discovery; 

(3) to annually review the quality and effectiveness of the proposal review process established under section 103(a)(4); and 

(4) to provide other assistance and advice 

as requested by the Administrator. 

(b) FEDERAL ADVISORY COMMITTEE ACT.— 

Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to 

the Board appointed under subsection (a). 

(c) APPLICATION WITH OUTER CONTINENTAL

SHELF LANDS ACT.—Nothing in this title supersedes, or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 

seq.). 

SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to 

the National Oceanic and Atmospheric Administration to carry out this title— 

(1) $33,550,000 for fiscal year 2009; 

(2) $36,905,000 for fiscal year 2010; 

(3) $40,596,000 for fiscal year 2011; 

(4) $44,655,000 for fiscal year 2012; 

(5) $49,121,000 for fiscal year 2013; 

(6) $54,033,000 for fiscal year 2014; and 

(7) $59,436,000 for fiscal year 2015. 

TITLE II—UNDERSEA RESEARCH 

PROGRAM 

SEC. 201. PROGRAM ESTABLISHED. 

(a) IN GENERAL.—The Administrator of the 

National Oceanic and Atmospheric Administration shall establish and maintain an undersea research program and shall designate 

a Director of that program. 

(b) PURPOSE.—The purpose of the program 

is to increase scientific knowledge essential 

for the informed management, use, and preservation of oceanic, marine, and coastal 

areas and the Great Lakes. 

SEC. 202. POWERS OF PROGRAM DIRECTOR. 

The Director of the program, in carrying 

out the program, shall— 

(1) cooperate with institutions of higher 

education and other educational marine and 

ocean science organizations, and shall make 

available undersea research facilities, equipment, technologies, information, and expertise to support undersea research efforts by 

these organizations; 

(2) enter into partnerships, as appropriate 

and using existing authorities, with the private sector to achieve the goals of the program and to promote technological advancement of the marine industry; and 

(3) coordinate the development of agency 

budgets and identify the items in their annual budget that support the activities described in paragraphs (1) and (2). 

SEC. 203. ADMINISTRATIVE STRUCTURE. 

(a) IN GENERAL.—The program shall be conducted through a national headquarters, a 

network of extramural regional undersea research centers that represent all relevant 

National Oceanic and Atmospheric Administration regions, and the National Institute 

for Undersea Science and Technology. 

(b) DIRECTION.—The Director shall develop 

the overall direction of the program in coordination with a Council of Center Directors comprised of the directors of the extramural regional centers and the National Institute for Undersea Science and Technology. The Director shall publish a draft 

program direction document not later than 1 

year after the date of enactment of this Act 

in the Federal Register for a public comment 

period of not less than 120 days. The Director 

shall publish a final program direction, including responses to the comments received 

during the public comment period, in the 

Federal Register within 90 days after the 

close of the comment period. The program 

director shall update the program direction, 

with opportunity for public comment, at 

least every 5 years. 

SEC. 204. RESEARCH, EXPLORATION, EDUCATION 

AND TECHNOLOGY PROGRAMS. 

(a) IN GENERAL.—The following research, 

exploration, education, and technology programs shall be conducted through the network of regional centers and the National Institute for Undersea Science and Technology: 

(1) Core research and exploration based on 

national and regional undersea research priorities. 

(2) Advanced undersea technology development to support the National Oceanic and 


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