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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1584 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 1584

   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 tsunamis and other natural hazards, to enhance 
   homeland security, to support maritime operations, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 2005

  Mr. Weldon of Pennsylvania (for himself, Mr. Allen, Mr. Saxton, Mr. 
  Inslee, Mrs. Drake, Mr. Farr, Mr. Fitzpatrick of Pennsylvania, Mr. 
     Moran of Virginia, Mr. Smith of New Jersey, Mr. Menendez, Mr. 
    Rohrabacher, Ms. Eshoo, Mr. Hunter, Mr. Case, Mr. McIntyre, Mr. 
   McDermott, Mr. Fortuno, Mr. Butterfield, Mr. Kildee, and Ms. Lee) 
 introduced the following bill; which was referred to the Committee on 
Resources, and in addition to the Committee on Science, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 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 tsunamis and other natural hazards, to enhance 
   homeland security, to support maritime operations, and for other 
                               purposes.

    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 ``Ocean and Coastal Observation System 
Act of 2005''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Coastal and ocean observations provide vital 
        information for protecting human lives and property from marine 
        hazards, enhancing national and homeland security, predicting 
        weather and global climate change, improving ocean health, and 
        providing for the protection, sustainable use, and enjoyment of 
        the resources of the Nation's coasts, oceans, and Great Lakes.
            (2) The continuing and potentially devastating threat posed 
        by tsunamis, hurricanes, storm surges, and other marine hazards 
        requires immediate implementation of strengthened observation 
        and communications systems to provide timely detection, 
        assessment, and warnings to the millions of people living in 
        coastal regions of the United States and throughout the world.
            (3) The 95,000-mile coastline of the United States, 
        including the Great Lakes, is vital to the Nation's prosperity, 
        contributing over $117,000,000,000 to the national economy in 
        2000, supporting jobs for more than 200,000,000 Americans, 
        handling $700,000,000,000 in waterborne commerce, and 
        supporting commercial and sport fisheries valued at more than 
        $50,000,000,000 annually.
            (4) 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 monitoring of the Nation's waters and coastline, 
        including the ability to track vessels and to provide rapid 
        response teams with real-time environmental conditions 
        necessary for their work.
            (5) While knowledge of the coastal and ocean environment 
        and processes is far from complete, advances in sensing 
        technologies and scientific understanding have made possible 
        long-term and continuous observation from shore, space, and in 
        situ of coastal and ocean characteristics and conditions.
            (6) Many elements of a coastal and ocean observing system 
        are in place, but require national investment, consolidation, 
        completion, and integration at Federal, regional, State, and 
        local levels.
            (7) The Commission on Ocean Policy recommends a national 
        commitment to a sustained and integrated coastal and ocean 
        observing system and to coordinated research programs in order 
        to assist the Nation and the world in understanding the oceans 
        and the global climate system, enhancing homeland security, 
        improving weather and climate forecasts, strengthening 
        management of coastal and ocean resources, improving the safety 
        and efficiency of maritime operations, and mitigating marine 
        hazards.
            (8) In 2003, the United States led more than 50 nations in 
        affirming the vital importance of timely, quality, long-term 
        global observations as a basis for sound decisionmaking, 
        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.
    (b) Purposes.--The purposes of this Act are to provide for--
            (1) the development and maintenance of an integrated 
        coastal and ocean observing system that provides data and 
        information to ensure national security and public safety, 
        support economic development, sustain and restore healthy 
        marine ecosystems and the resources they support, enable 
        advances in scientific understanding of the oceans, and 
        strengthen science education and communication;
            (2) implementation of research and development and 
        education programs to improve understanding of the oceans and 
        Great Lakes and to achieve the full national benefits of an 
        integrated coastal and ocean observing system;
            (3) implementation of a data and information management 
        system required by all components of an integrated coastal and 
        ocean observing system and related research to develop early 
        warning systems; and
            (4) establishment of a system of regional coastal and ocean 
        observing systems to address local needs for ocean information.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Committee.--The term ``Committee'' means the Committee 
        on Ocean Policy established under Executive Order 13366 (69 
        Fed. Reg. 76591).
            (2) Council.--The term ``Council'' means the National Ocean 
        Research Leadership Council established under section 7902(a) 
        of title 10, United States Code.
            (3) Observing system.--The term ``observing system'' means 
        the integrated coastal, ocean, and Great Lakes observing system 
        to be established by the Committee under section 4(a).
            (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) Interagency program office.--The term ``interagency 
        program office'' means the office established under section 
        4(d).

SEC. 4. INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM.

    (a) Establishment.--The Committee, acting through the Council, 
shall establish and maintain an integrated system of coastal and ocean 
observations, data communication and management, analysis, modeling, 
research, and education designed to provide data and information for 
the timely detection and prediction of changes occurring in the coastal 
and ocean environment 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 for the following purposes:
            (1) Improving the health of the Nation's coasts, oceans, 
        and Great Lakes.
            (2) Protecting human lives and livelihoods from hazards 
        such as tsunamis, hurricanes, coastal erosion, and fluctuating 
        Great Lakes water levels.
            (3) Supporting national defense and homeland security 
        efforts.
            (4) Understanding the effects of human activities and 
        natural variability on the state of the coasts and oceans and 
        the Nation's socioeconomic well-being.
            (5) Measuring, explaining, and predicting environmental 
        changes.
            (6) Providing for the sustainable use, protection, and 
        enjoyment of coastal and ocean resources.
            (7) Providing a scientific basis for implementation and 
        refinement of ecosystem-based management.
            (8) Educating the public about the role and importance of 
        the oceans and Great Lakes in daily life.
            (9) Tracking and understanding climate change and the 
        ocean's and Great Lake's roles in it.
            (10) Supplying critical information to marine-related 
        businesses such as marine transportation, aquaculture, 
        fisheries, and offshore energy production.
            (11) Supporting research and development to ensure 
        continuous improvement to coastal and ocean observation 
        measurements and to enhance understanding of the Nation's 
        coastal and ocean 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 observation 
        priorities, including the Nation's ocean contribution to the 
        Global Earth Observation System of Systems and the Global Ocean 
        Observing System.
            (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 to meet regional needs.
            (3) A data management and communication system 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.
            (5) An outreach, education, and training program that 
        augments existing programs (such as the National Sea Grant 
        College Program and the Centers for Ocean Sciences Education 
        Excellence program) to ensure the use of data and information 
        for improving public education and awareness of the Nation's 
        oceans and building the technical expertise required to operate 
        and improve the observing system.
    (c) Council Functions.--In carrying out responsibilities under this 
section, the Council shall--
            (1) serve as the oversight body for the design and 
        implementation of all aspects of the observing system;
            (2) adopt plans, budgets, and standards that are developed 
        and maintained by the interagency program office in 
        consultation with the regional associations;
            (3) coordinate the observing system with other earth 
        observing activities, including the Global Ocean Observing 
        System and the Global Earth Observing System of Systems;
            (4) coordinate and administer programs of research and 
        development and education to support improvements to and the 
        operation of an integrated ocean and coastal observing system 
        and to advance the understanding of the oceans;
            (5) establish pilot projects to develop technology and 
        methods for advancing the development of the observing system;
            (6) support the development of institutional mechanisms to 
        further the goals of the program and provide for the 
        capitalization of the required infrastructure;
            (7) provide, as appropriate, support for and representation 
        on United States delegations to international meetings on 
        coastal and ocean observing programs, including those under the 
        jurisdiction of the International Joint Commission involving 
        Canadian waters; and
            (8) in consultation with the Secretary of State, coordinate 
        relevant Federal activities with those of other nations.
    (d) Interagency Program Office.--
            (1) Establishment.--The Council shall establish an 
        interagency program office to be known as ``Oceanus''.
            (2) Responsibilities.--The interagency program office shall 
        be responsible for program planning and coordination of the 
        observing system.
            (3) Duties.--The interagency program office shall--
                    (A) prepare annual and long-term plans for 
                consideration by the Council for the design and 
                implementation of the observing system that promote 
                collaboration among Federal agencies and regional 
                associations in developing global and national 
                observing systems, including identification and 
                refinement of a core set of variables to be measured by 
                all systems;
                    (B) coordinate the development of agency priorities 
                and budgets for implementation of the observing system, 
                including budgets for the regional associations;
                    (C) establish and refine standards and protocols 
                for data management and communications, including 
                quality standards, in consultation with participating 
                Federal agencies and regional associations;
                    (D) develop a process for the certification of the 
                regional associations and their periodic review and 
                recertification; and
                    (E) establish an external technical committee to 
                provide biennial review of the observing system.
    (e) Lead Federal Agency.--The National Oceanic and Atmospheric 
Administration shall be the lead Federal agency for implementation and 
operation of the observing system. Based on the plans prepared by the 
interagency program office and adopted by the Council, the 
Administrator of the National Oceanic and Atmospheric Administration 
shall--
            (1) coordinate implementation, operation, and improvement 
        of the observing system;
            (2) establish efficient and effective administrative 
        procedures for allocation of funds among Federal agencies and 
        regional associations in a timely manner and according to the 
        budget adopted by the Council;
            (3) implement and maintain appropriate elements of the 
        observing system;
            (4) provide for the migration of scientific and 
        technological advances from research and development to 
        operational deployment;
            (5) integrate and extend existing programs and pilot 
        projects into the operational observation system; and
            (6) certify regional associations that meet the 
        requirements of subsection (f).
    (f) Regional Associations of Coastal and Ocean Observing Systems.--
Regional associations shall 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. A regional association shall--
            (1) demonstrate an organizational structure capable of 
        supporting and integrating all aspects of coastal and ocean 
        observing and information programs within a region;
            (2) 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 established 
        by the Council;
            (3) provide information products for multiple users in the 
        region;
            (4) work with governmental entities and programs at all 
        levels within the region to provide timely warnings and 
        outreach and education to protect the public; and
            (5) be certified by the National Oceanic and Atmospheric 
        Administration according to certification standards developed 
        by the interagency program office in conjunction with the 
        regional associations and approved by the Council.
    (g) Civil Liability.--For purposes of section 1346(b)(1) and 
chapter 171 of title 28, United States Code, the Act of March 9, 1920 
(46 U.S.C. App. 741 et seq., popularly known as the ``Suits in 
Admiralty Act''), and the Act of March 3, 1925 (46 U.S.C. App. 781 et 
seq., popularly known as the ``Public Vessels Act''), any regional 
coastal and ocean observing system that is a designated part of a 
certified regional association under this section shall, 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 acting 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. RESEARCH AND DEVELOPMENT AND EDUCATION.

     The Council shall establish programs for research and development 
and education for the coastal and ocean observing system, including 
projects under the National Oceanographic Partnership Program, and 
consisting of the following:
            (1) Basic research to advance knowledge of coastal and 
        ocean systems and ensure continued improvement of operational 
        products, including related infrastructure and observing 
        technology.
            (2) Focused research projects to improve understanding of 
        the relationship between the coasts and oceans and human 
        activities.
            (3) Large scale computing resources and research to advance 
        modeling of ocean and coastal processes.
            (4) A coordinated effort to build public education and 
        awareness of the coastal and ocean environment and functions 
        that integrates ongoing activities (such as the National Sea 
        Grant College Program and the Centers for Ocean Sciences 
        Education Excellence program).

SEC. 6. INTERAGENCY FINANCING.

    The departments and agencies represented on the Council are 
authorized to participate in interagency financing and to 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 program office, 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. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce for the implementation of an integrated coastal and ocean 
observing system under section 4, and the research and development 
program under section 5, including financial assistance to the 
interagency program office, the regional associations for the 
implementation of regional coastal and ocean observing systems, and the 
departments and agencies represented on the Council, such sums as may 
be necessary for each of fiscal years 2006 through 2010. At least 50 
percent of the sums appropriated for the implementation of the 
integrated coastal and ocean observing system under section 4 shall be 
allocated to the regional associations for the implementation of the 
regional coastal and ocean observing systems. Sums appropriated 
pursuant to this section shall remain available until expended.

SEC. 8. REPORTING REQUIREMENT.

    Not later than March 31, 2010, the President, acting through the 
Council, shall transmit to Congress a report on the programs 
established under sections 4 and 5. The report shall include a 
description of activities carried out under the programs, an evaluation 
of the effectiveness of the programs, and recommendations concerning 
reauthorization of the programs and funding levels for the programs in 
succeeding fiscal years.
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