I 

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. FORTUN ̃O, 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. 

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

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

3 Observation System Act of 2005’’. 

4 SEC. 2. FINDINGS AND PURPOSES. 

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

6 (1) Coastal and ocean observations provide vital 

7 information for protecting human lives and property 

8 from marine hazards, enhancing national and home9 land security, predicting weather and global climate 

10 change, improving ocean health, and providing for 

11 the protection, sustainable use, and enjoyment of the 

12 resources of the Nation’s coasts, oceans, and Great 

13 Lakes. 

14 (2) The continuing and potentially devastating 

15 threat posed by tsunamis, hurricanes, storm surges, 

16 and other marine hazards requires immediate imple17 mentation of strengthened observation and commu18 nications systems to provide timely detection, assess19 ment, and warnings to the millions of people living 

20 in coastal regions of the United States and through21 out the world. 

22 (3) The 95,000-mile coastline of the United 

23 States, including the Great Lakes, is vital to the Na24 tion’s prosperity, contributing over 

25 $117,000,000,000 to the national economy in 2000, 

26 supporting jobs for more than 200,000,000 Ameri-
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1 cans, handling $700,000,000,000 in waterborne 

2 commerce, and supporting commercial and sport 

3 fisheries valued at more than $50,000,000,000 an4 nually. 

5 (4) Safeguarding homeland security, conducting 

6 search and rescue operations, responding to natural 

7 and manmade coastal hazards (such as oil spills and 

8 harmful algal blooms), and managing fisheries and 

9 other coastal activities each require improved moni10 toring of the Nation’s waters and coastline, includ11 ing the ability to track vessels and to provide rapid 

12 response teams with real-time environmental condi13 tions necessary for their work. 

14 (5) While knowledge of the coastal and ocean 

15 environment and processes is far from complete, ad16 vances in sensing technologies and scientific under17 standing have made possible long-term and contin18 uous observation from shore, space, and in situ of 

19 coastal and ocean characteristics and conditions. 

20 (6) Many elements of a coastal and ocean ob21 serving system are in place, but require national in22 vestment, consolidation, completion, and integration 

23 at Federal, regional, State, and local levels. 

24 (7) The Commission on Ocean Policy rec25 ommends a national commitment to a sustained and 
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1 integrated coastal and ocean observing system and 

2 to coordinated research programs in order to assist 

3 the Nation and the world in understanding the 

4 oceans and the global climate system, enhancing 

5 homeland security, improving weather and climate 

6 forecasts, strengthening management of coastal and 

7 ocean resources, improving the safety and efficiency 

8 of maritime operations, and mitigating marine haz9 ards. 

10 (8) In 2003, the United States led more than 

11 50 nations in affirming the vital importance of time12 ly, quality, long-term global observations as a basis 

13 for sound decisionmaking, recognizing the contribu14 tion of observation systems to meet national, re15 gional, and global needs, and calling for strength16 ened cooperation and coordination in establishing a 

17 Global Earth Observation System of Systems, of 

18 which an integrated coastal and ocean observing sys19 tem is an essential part. 

20 (b) PURPOSES.—The purposes of this Act are to pro21 vide for— 

22 (1) the development and maintenance of an in23 tegrated coastal and ocean observing system that 

24 provides data and information to ensure national se25 curity and public safety, support economic develop-
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1 ment, sustain and restore healthy marine ecosystems 

2 and the resources they support, enable advances in 

3 scientific understanding of the oceans, and strength4 en science education and communication; 

5 (2) implementation of research and development 

6 and education programs to improve understanding 

7 of the oceans and Great Lakes and to achieve the 

8 full national benefits of an integrated coastal and 

9 ocean observing system; 

10 (3) implementation of a data and information 

11 management system required by all components of 

12 an integrated coastal and ocean observing system 

13 and related research to develop early warning sys14 tems; and 

15 (4) establishment of a system of regional coast16 al and ocean observing systems to address local 

17 needs for ocean information. 

18 SEC. 3. DEFINITIONS. 

19 In this Act, the following definitions apply: 

20 (1) COMMITTEE.—The term ‘‘Committee’’ 

21 means the Committee on Ocean Policy established 

22 under Executive Order 13366 (69 Fed. Reg. 76591). 

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

24 National Ocean Research Leadership Council estab-
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1 lished under section 7902(a) of title 10, United 

2 States Code. 

3 (3) OBSERVING SYSTEM.—The term ‘‘observing 

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

5 Great Lakes observing system to be established by 

6 the Committee under section 4(a). 

7 (4) NATIONAL OCEANOGRAPHIC PARTNERSHIP

8 PROGRAM.—The term ‘‘National Oceanographic 

9 Partnership Program’’ means the program estab10 lished under section 7901 of title 10, United States 

11 Code. 

12 (5) INTERAGENCY PROGRAM OFFICE.—The 

13 term ‘‘interagency program office’’ means the office 

14 established under section 4(d). 

15 SEC. 4. INTEGRATED COASTAL AND OCEAN OBSERVING 

16 SYSTEM. 

17 (a) ESTABLISHMENT.—The Committee, acting 

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

20 communication and management, analysis, modeling, re21 search, and education designed to provide data and infor22 mation for the timely detection and prediction of changes 

23 occurring in the coastal and ocean environment that im24 pact the Nation’s social, economic, and ecological systems. 

25 The observing system shall provide for long-term, contin-
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1 uous, and quality-controlled observations of the Nation’s 

2 coasts, oceans, and Great Lakes for the following pur3 poses: 

4 (1) Improving the health of the Nation’s coasts, 

5 oceans, and Great Lakes. 

6 (2) Protecting human lives and livelihoods from 

7 hazards such as tsunamis, hurricanes, coastal ero8 sion, and fluctuating Great Lakes water levels. 

9 (3) Supporting national defense and homeland 

10 security efforts. 

11 (4) Understanding the effects of human activi12 ties and natural variability on the state of the coasts 

13 and oceans and the Nation’s socioeconomic well14 being. 

15 (5) Measuring, explaining, and predicting envi16 ronmental changes. 

17 (6) Providing for the sustainable use, protec18 tion, and enjoyment of coastal and ocean resources. 

19 (7) Providing a scientific basis for implementa20 tion and refinement of ecosystem-based manage21 ment. 

22 (8) Educating the public about the role and im23 portance of the oceans and Great Lakes in daily life. 

24 (9) Tracking and understanding climate change 

25 and the ocean’s and Great Lake’s roles in it. 
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1 (10) Supplying critical information to marine2 related businesses such as marine transportation, 

3 aquaculture, fisheries, and offshore energy produc4 tion. 

5 (11) Supporting research and development to 

6 ensure continuous improvement to coastal and ocean 

7 observation measurements and to enhance under8 standing of the Nation’s coastal and ocean re9 sources. 

10 (b) SYSTEM ELEMENTS.—In order to fulfill the pur11 poses of this Act, the observing system shall consist of the 

12 following program elements: 

13 (1) A national program to fulfill national obser14 vation priorities, including the Nation’s ocean con15 tribution to the Global Earth Observation System of 

16 Systems and the Global Ocean Observing System. 

17 (2) A network of regional associations to man18 age the regional coastal and ocean observing and in19 formation programs that collect, measure, and dis20 seminate data and information products to meet re21 gional needs. 

22 (3) A data management and communication 

23 system for the timely integration and dissemination 

24 of data and information products from the national 

25 and regional systems. 
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1 (4) A research and development program con2 ducted under the guidance of the Council. 

3 (5) An outreach, education, and training pro4 gram that augments existing programs (such as the 

5 National Sea Grant College Program and the Cen6 ters for Ocean Sciences Education Excellence pro7 gram) to ensure the use of data and information for 

8 improving public education and awareness of the 

9 Nation’s oceans and building the technical expertise 

10 required to operate and improve the observing sys11 tem. 

12 (c) COUNCIL FUNCTIONS.—In carrying out respon13 sibilities under this section, the Council shall— 

14 (1) serve as the oversight body for the design 

15 and implementation of all aspects of the observing 

16 system; 

17 (2) adopt plans, budgets, and standards that 

18 are developed and maintained by the interagency 

19 program office in consultation with the regional as20 sociations; 

21 (3) coordinate the observing system with other 

22 earth observing activities, including the Global 

23 Ocean Observing System and the Global Earth Ob24 serving System of Systems; 
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1 (4) coordinate and administer programs of re2 search and development and education to support 

3 improvements to and the operation of an integrated 

4 ocean and coastal observing system and to advance 

5 the understanding of the oceans; 

6 (5) establish pilot projects to develop technology 

7 and methods for advancing the development of the 

8 observing system; 

9 (6) support the development of institutional 

10 mechanisms to further the goals of the program and 

11 provide for the capitalization of the required infra12 structure; 

13 (7) provide, as appropriate, support for and 

14 representation on United States delegations to inter15 national meetings on coastal and ocean observing 

16 programs, including those under the jurisdiction of 

17 the International Joint Commission involving Cana18 dian waters; and 

19 (8) in consultation with the Secretary of State, 

20 coordinate relevant Federal activities with those of 

21 other nations. 

22 (d) INTERAGENCY PROGRAM OFFICE.— 

23 (1) ESTABLISHMENT.—The Council shall estab24 lish an interagency program office to be known as 

25 ‘‘Oceanus’’. 
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1 (2) RESPONSIBILITIES.—The interagency pro2 gram office shall be responsible for program plan3 ning and coordination of the observing system. 

4 (3) DUTIES.—The interagency program office 

5 shall— 

6 (A) prepare annual and long-term plans 

7 for consideration by the Council for the design 

8 and implementation of the observing system 

9 that promote collaboration among Federal 

10 agencies and regional associations in developing 

11 global and national observing systems, including 

12 identification and refinement of a core set of 

13 variables to be measured by all systems; 

14 (B) coordinate the development of agency 

15 priorities and budgets for implementation of the 

16 observing system, including budgets for the re17 gional associations; 

18 (C) establish and refine standards and pro19 tocols for data management and communica20 tions, including quality standards, in consulta21 tion with participating Federal agencies and re22 gional associations; 

23 (D) develop a process for the certification 

24 of the regional associations and their periodic 

25 review and recertification; and 
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1 (E) establish an external technical com2 mittee to provide biennial review of the observ3 ing system. 

4 (e) LEAD FEDERAL AGENCY.—The National Oceanic 

5 and Atmospheric Administration shall be the lead Federal 

6 agency for implementation and operation of the observing 

7 system. Based on the plans prepared by the interagency 

8 program office and adopted by the Council, the Adminis9 trator of the National Oceanic and Atmospheric Adminis10 tration shall— 

11 (1) coordinate implementation, operation, and 

12 improvement of the observing system; 

13 (2) establish efficient and effective administra14 tive procedures for allocation of funds among Fed15 eral agencies and regional associations in a timely 

16 manner and according to the budget adopted by the 

17 Council; 

18 (3) implement and maintain appropriate ele19 ments of the observing system; 

20 (4) provide for the migration of scientific and 

21 technological advances from research and develop22 ment to operational deployment; 

23 (5) integrate and extend existing programs and 

24 pilot projects into the operational observation sys25 tem; and 
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1 (6) certify regional associations that meet the 

2 requirements of subsection (f). 

3 (f) REGIONAL ASSOCIATIONS OF COASTAL AND

4 OCEAN OBSERVING SYSTEMS.—Regional associations 

5 shall be responsible for the development and operation of 

6 regional coastal and ocean observing systems to meet the 

7 information needs of user groups in the region while ad8 hering to national standards. A regional association 

9 shall— 

10 (1) demonstrate an organizational structure ca11 pable of supporting and integrating all aspects of 

12 coastal and ocean observing and information pro13 grams within a region; 

14 (2) operate under a strategic operations and 

15 business plan that details the operation and support 

16 of regional coastal and ocean observing systems pur17 suant to the standards established by the Council; 

18 (3) provide information products for multiple 

19 users in the region; 

20 (4) work with governmental entities and pro21 grams at all levels within the region to provide time22 ly warnings and outreach and education to protect 

23 the public; and 

24 (5) be certified by the National Oceanic and At25 mospheric Administration according to certification 
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1 standards developed by the interagency program of2 fice in conjunction with the regional associations and 

3 approved by the Council. 

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

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

6 Code, the Act of March 9, 1920 (46 U.S.C. App. 741 et 

7 seq., popularly known as the ‘‘Suits in Admiralty Act’’), 

8 and the Act of March 3, 1925 (46 U.S.C. App. 781 et 

9 seq., popularly known as the ‘‘Public Vessels Act’’), any 

10 regional coastal and ocean observing system that is a des11 ignated part of a certified regional association under this 

12 section shall, in carrying out the purposes of this Act, be 

13 deemed to be part of the National Oceanic and Atmos14 pheric Administration, and any employee of such system, 

15 while acting within the scope of his or her employment 

16 in carrying out such purposes, shall be deemed to be an 

17 employee of the Government. 

18 SEC. 5. RESEARCH AND DEVELOPMENT AND EDUCATION. 

19 The Council shall establish programs for research 

20 and development and education for the coastal and ocean 

21 observing system, including projects under the National 

22 Oceanographic Partnership Program, and consisting of 

23 the following: 

24 (1) Basic research to advance knowledge of 

25 coastal and ocean systems and ensure continued im-
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1 provement of operational products, including related 

2 infrastructure and observing technology. 

3 (2) Focused research projects to improve under4 standing of the relationship between the coasts and 

5 oceans and human activities. 

6 (3) Large scale computing resources and re7 search to advance modeling of ocean and coastal 

8 processes. 

9 (4) A coordinated effort to build public edu10 cation and awareness of the coastal and ocean envi11 ronment and functions that integrates ongoing ac12 tivities (such as the National Sea Grant College Pro13 gram and the Centers for Ocean Sciences Education 

14 Excellence program). 

15 SEC. 6. INTERAGENCY FINANCING. 

16 The departments and agencies represented on the 

17 Council are authorized to participate in interagency fi18 nancing and to share, transfer, receive, obligate, and ex19 pend funds appropriated to any member of the Council 

20 for the purposes of carrying out any administrative or pro21 grammatic project or activity under this Act or under the 

22 National Oceanographic Partnership Program, including 

23 support for the interagency program office, a common in24 frastructure, and system integration for a coastal and 

25 ocean observing system. Funds may be transferred among 
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1 such departments and agencies through an appropriate in2 strument that specifies the goods, services, or space being 

3 acquired from another Council member and the costs of 

4 the same. 

5 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

6 There are authorized to be appropriated to the Sec7 retary of Commerce for the implementation of an inte8 grated coastal and ocean observing system under section 

9 4, and the research and development program under sec10 tion 5, including financial assistance to the interagency 

11 program office, the regional associations for the implemen12 tation of regional coastal and ocean observing systems, 

13 and the departments and agencies represented on the 

14 Council, such sums as may be necessary for each of fiscal 

15 years 2006 through 2010. At least 50 percent of the sums 

16 appropriated for the implementation of the integrated 

17 coastal and ocean observing system under section 4 shall 

18 be allocated to the regional associations for the implemen19 tation of the regional coastal and ocean observing systems. 

20 Sums appropriated pursuant to this section shall remain 

21 available until expended. 

22 SEC. 8. REPORTING REQUIREMENT. 

23 Not later than March 31, 2010, the President, acting 

24 through the Council, shall transmit to Congress a report 

25 on the programs established under sections 4 and 5. The 
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1 report shall include a description of activities carried out 

2 under the programs, an evaluation of the effectiveness of 

3 the programs, and recommendations concerning reauthor4 ization of the programs and funding levels for the pro5 grams in succeeding fiscal years. 

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