```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 361 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                 S. 361

_______________________________________________________________________

                                 AN ACT

 
   To develop and maintain an integrated system of ocean and coastal 
 observations for the Nation's coasts, oceans and Great Lakes, improve 
warnings of tsunamis and other natural hazards, 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) Ocean and coastal observations provide vital 
        information for protecting human lives and property from marine 
        hazards, predicting weather, improving ocean health and 
        providing for the protection 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 data management 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 billion to the national economy in 2000, 
        supporting jobs for more than 200 million Americans, and 
        supporting commercial and sport fisheries valued at more than 
        $50 billion annually.
            (4) Responding to coastal hazards and managing fisheries 
        and other coastal activities require improved monitoring of the 
        Nation's waters and coastline, including the ability to provide 
        rapid response teams with real-time environmental conditions 
        necessary for their work.
            (5) While knowledge of the ocean and coastal environment 
        and processes is far from complete, advances in sensing 
        technologies and scientific understanding have made possible 
        long-term and continuous observation from shore, from space, 
        and in situ of ocean and coastal characteristics and 
        conditions.
            (6) Many elements of an ocean and coastal 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 ocean and coastal 
        observing system and to coordinated research programs in order 
        to assist the Nation and the world in understanding the oceans, 
        improving weather forecasts, strengthening management of ocean 
        and coastal resources, 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 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 ocean and coastal observing system is an essential 
        part.
    (b) Purposes.--The purposes of this Act are to provide for--
            (1) the planning, development, and maintenance of an 
        integrated ocean and coastal observing system that provides the 
        data and information to sustain and restore healthy marine and 
        Great Lakes ecosystems and the resources they support, 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 oceans and 
        Great Lakes and achieve the full national benefits of an 
        integrated ocean and coastal observing system;
            (3) implementation of a data and information management 
        system required by all components of an integrated ocean and 
        coastal observing system and related research to develop early 
        warning systems and insure usefulness of data and information 
        for users; and
            (4) establishment of a system of regional ocean, coastal, 
        and Great Lakes observing systems to address local needs for 
        ocean information.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Council.--The term ``Council'' means the National Ocean 
        Research Leadership Council.
            (2) 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).
            (3) Interagency program office.--The term ``interagency 
        program office'' means the office established under section 
        4(d).

SEC. 4. INTEGRATED OCEAN AND COASTAL OBSERVING SYSTEM.

    (a) Establishment.--The President, acting through the Council, 
shall establish and maintain an integrated system of ocean and coastal 
observations, data communication and management, analysis, modeling, 
research, education, and outreach designed to provide data and 
information for the timely detection and prediction of changes 
occurring in the ocean, coastal and Great Lakes 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 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) Understanding the effects of human activities and 
        natural variability on the state of the coasts, oceans, and 
        Great Lakes and the Nation's socioeconomic well-being.
            (4) Providing for the sustainable use, protection, and 
        enjoyment of ocean, coastal, and Great Lakes resources.
            (5) Providing information that can support the eventual 
        implementation and refinement of ecosystem-based management.
            (6) Supplying critical information to marine-related 
        businesses such as aquaculture and fisheries.
            (7) Supporting research and development to ensure 
        continuous 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 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 ocean and coastal observing and information programs 
        that collect, measure, and disseminate data and information 
        products to meet regional needs.
            (3) A data management and dissemination 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, the Centers for Ocean Sciences Education 
        Excellence program, and the National Estuarine Research Reserve 
        System, to ensure the use of the 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, 
        development, education, and outreach 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) provide, as appropriate, support for and representation 
        on United States delegations to international meetings on ocean 
        and coastal observing programs; and
            (7) in consultation with the Secretary of State, coordinate 
        relevant Federal activities with those of other nations.
    (d) Interagency Program Office.--The Council shall establish an 
interagency program office to be known as ``OceanUS''. The interagency 
program office shall be responsible for program planning and 
coordination of the observing system. The interagency program office 
shall--
            (1) 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 the global and national 
        observing systems, including identification and refinement of a 
        core set of variables to be measured by all systems;
            (2) coordinate the development of agency priorities and 
        budgets for implementation of the observing system, including 
        budgets for the regional associations;
            (3) establish and refine standards and protocols for data 
        management and communications, including quality standards, in 
        consultation with participating Federal agencies and regional 
        associations;
            (4) develop a process for the certification of the regional 
        associations and their periodic review and recertification;
            (5) establish an external technical committee to provide 
        biennial review of the observing system; and
            (6) provide for opportunities to partner or contract with 
        private sector companies in deploying ocean observation system 
        elements.
    (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;
            (6) certify regional associations that meet the 
        requirements of subsection (f); and
            (7) integrate the capabilities of the National Coastal Data 
        Development Center and the Coastal Services Center of the 
        National Oceanic and Atmospheric Administration, and other 
        appropriate centers, into the observing system for the purpose 
        of assimilating, managing, disseminating, and archiving data 
        from regional observation systems and other observation 
        systems.
    (f)  Regional Associations of Ocean and Coastal Observing 
Systems.--The Administrator of the National Oceanic and Atmospheric 
Administration may certify one or more regional associations to be 
responsible for the development and operation of regional ocean and 
coastal observing systems to meet the information needs of user groups 
in the region while adhering to national standards. To be certifiable 
by the Administrator, a regional association shall--
            (1) demonstrate an organizational structure capable of 
        supporting and integrating all aspects of ocean and coastal 
        observing and information programs within a region;
            (2) operate under a strategic operations and business plan 
        that details the operation and support of regional ocean and 
        coastal 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 to protect the public; and
            (5) meet certification standards developed by the 
        interagency program office in conjunction with the regional 
        associations and approved by the Council.
Nothing in this Act authorizes a regional association to engage in 
lobbying activities (as defined in section 3(7) of the Lobbying 
Disclosure Act of 1995 (2 U.S.C. 1602(7)).
    (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 ocean and coastal observing system that 
is a designated part of a regional association certified 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, DEVELOPMENT, AND EDUCATION.

    The Council shall establish programs for research, development, 
education, and outreach for the ocean and coastal observing system, 
including projects under the National Oceanographic Partnership 
Program, consisting of the following:
            (1) Basic research to advance knowledge of ocean and 
        coastal 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 ocean and coastal environment and functions 
        that integrates ongoing activities such as the National Sea 
        Grant College Program, the Centers for Ocean Sciences Education 
        Excellence, and the National Estuarine Research Reserve 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 program office, a common infrastructure, and system 
integration for a ocean and coastal 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 OUTER CONTINENTAL SHELF LANDS ACT.

    Nothing in this Act 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. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the National Oceanic and 
Atmospheric Administration for the implementation of an integrated 
ocean and coastal 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 ocean and coastal observing systems, and the 
departments and agencies represented on the Council, $150,000,000 for 
each of fiscal years 2006 through 2010. At least 50 percent of the sums 
appropriated for the implementation of the integrated ocean and coastal 
observing system under section 4 shall be allocated to the regional 
associations certified under section 4(f) for implementation of 
regional ocean and coastal observing systems. Sums appropriated 
pursuant to this section shall remain available until expended.

SEC. 9. 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.

            Passed the Senate July 1, 2005.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                                 S. 361

_______________________________________________________________________

                                 AN ACT

   To develop and maintain an integrated system of ocean and coastal 
 observations for the Nation's coasts, oceans and Great Lakes, improve 
warnings of tsunamis and other natural hazards, and for other purposes.
```