II 

109TH CONGRESS 

1ST SESSION S. 361 

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, enhance homeland security, support maritime operations, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2005 

Ms. SNOWE (for herself, Mr. KERRY, Mr. STEVENS, Mr. INOUYE, and Ms. 

COLLINS) introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

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, enhance homeland security, 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Observation System Act of 2005’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds the following: 
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1 (1) Ocean and coastal observations provide vital 

2 information for protecting human lives and property 

3 from marine hazards, enhancing national and home4 land security, predicting weather and global climate 

5 change, improving ocean health and providing for 

6 the protection, sustainable use, and enjoyment of the 

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

8 Lakes. 

9 (2) The continuing and potentially devastating 

10 threat posed by tsunamis, hurricanes, storm surges, 

11 and other marine hazards requires immediate imple12 mentation of strengthened observation and commu13 nications systems to provide timely detection, assess14 ment, and warnings to the millions of people living 

15 in coastal regions of the United States and through16 out the world. 

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

18 States, including the Great Lakes, is vital to the Na19 tion’s prosperity, contributing over $117 billion to 

20 the national economy in 2000, supporting jobs for 

21 more than 200 million Americans, handling $700 

22 billion in waterborne commerce, and supporting com23 mercial and sport fisheries valued at more than $50 

24 billion annually. 
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1 (4) Safeguarding homeland security, conducting 

2 search and rescue operations, responding to natural 

3 and man-made coastal hazards such as oil spills and 

4 harmful algal blooms, and managing fisheries and 

5 other coastal activities require improved monitoring 

6 of the Nation’s waters and coastline, including the 

7 ability to track vessels and to provide rapid response 

8 teams with real-time environmental conditions nec9 essary for their work. 

10 (5) While knowledge of the ocean and coastal 

11 environment and processes is far from complete, ad12 vances in sensing technologies and scientific under13 standing have made possible long-term and contin14 uous observation from shore, from space, and in situ 

15 of ocean and coastal characteristics and conditions. 

16 (6) Many elements of an ocean and coastal ob17 serving system are in place, but require national in18 vestment, consolidation, completion, and integration 

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

20 (7) The Commission on Ocean Policy rec21 ommends a national commitment to a sustained and 

22 integrated ocean and coastal observing system and 

23 to coordinated research programs in order to assist 

24 the Nation and the world in understanding the 

25 oceans and the global climate system, enhancing 
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1 homeland security, improving weather and climate 

2 forecasts, strengthening management of ocean and 

3 coastal resources, improving the safety and efficiency 

4 of maritime operations, and mitigating marine haz5 ards. 

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

7 50 nations in affirming the vital importance of time8 ly, quality, long-term global observations as a basis 

9 for sound decision-making, recognizing the contribu10 tion of observation systems to meet national, re11 gional, and global needs, and calling for strength12 ened cooperation and coordination in establishing a 

13 Global Earth Observation System of Systems, of 

14 which an integrated ocean and coastal observing sys15 tem is an essential part. 

16 (b) PURPOSES.—The purposes of this Act are to pro17 vide for— 

18 (1) the development and maintenance of an in19 tegrated ocean and coastal observing system that 

20 provides the data and information to ensure national 

21 security and public safety, support economic develop22 ment, sustain and restore healthy marine ecosystems 

23 and the resources they support, enable advances in 

24 scientific understanding of the oceans, and strength25 en science education and communication; 
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1 (2) implementation of research and development 

2 and education programs to improve understanding 

3 of the oceans and Great Lakes and achieve the full 

4 national benefits of an integrated ocean and coastal 

5 observing system; 

6 (3) implementation of a data and information 

7 management system required by all components of 

8 an integrated ocean and coastal observing system 

9 and related research to develop early warning sys10 tems; and 

11 (4) establishment of a system of regional ocean 

12 and coastal observing systems to address local needs 

13 for ocean information. 

14 SEC. 3. DEFINITIONS. 

15 In this Act: 

16 (1) COUNCIL.—The term ‘‘Council’’ means the 

17 National Ocean Research Leadership Council estab18 lished under section 7902(a) of title 10, United 

19 States Code. 

20 (2) OBSERVING SYSTEM.—The term ‘‘observing 

21 system’’ means the integrated coastal, ocean and 

22 Great Lakes observing system to be established by 

23 the Committee under section 4(a). 

24 (3) NATIONAL OCEANOGRAPHIC PARTNERSHIP

25 PROGRAM.—The term ‘‘National Oceanographic 
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1 Partnership Program’’ means the program estab2 lished under section 7901 of title 10, United States 

3 Code. 

4 (4) INTERAGENCY PROGRAM OFFICE.—The 

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

6 established under section 4(d). 

7 SEC. 4. INTEGRATED OCEAN AND COASTAL OBSERVING 

8 SYSTEM. 

9 (a) ESTABLISHMENT.—The President, acting 

10 through the Council, shall establish and maintain an inte11 grated system of ocean and coastal observations, data 

12 communication and management, analysis, modeling, re13 search, and education designed to provide data and infor14 mation for the timely detection and prediction of changes 

15 occurring in the ocean and coastal environment that im16 pact the Nation’s social, economic, and ecological systems. 

17 The observing system shall provide for long-term, contin18 uous and quality-controlled observations of the coasts, 

19 oceans, and Great Lakes for the following purposes: 

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

21 oceans, and Great Lakes. 

22 (2) Protecting human lives and livelihoods from 

23 hazards such as tsunamis, hurricanes, coastal ero24 sion, and fluctuating Great Lakes water levels. 
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1 (3) Supporting national defense and homeland 

2 security efforts. 

3 (4) Understanding the effects of human activi4 ties and natural variability on the state of the coasts 

5 and oceans and the Nation’s socioeconomic well6 being. 

7 (5) Measuring, explaining, and predicting envi8 ronmental changes. 

9 (6) Providing for the sustainable use, protec10 tion, and enjoyment of ocean and coastal resources. 

11 (7) Providing a scientific basis for implementa12 tion and refinement of ecosystem-based manage13 ment. 

14 (8) Educating the public about the role and im15 portance of the oceans and Great Lakes in daily life. 

16 (9) Tracking and understanding climate change 

17 and the ocean and Great Lakes’ roles in it. 

18 (10) Supplying critical information to marine19 related businesses such as marine transportation, 

20 aquaculture, fisheries, and offshore energy produc21 tion. 

22 (11) Supporting research and development to 

23 ensure continuous improvement to ocean and coastal 

24 observation measurements and to enhance under-
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1 standing of the Nation’s ocean and coastal re2 sources. 

3 (b) SYSTEM ELEMENTS.—In order to fulfill the pur4 poses of this Act, the observing system shall consist of the 

5 following program elements: 

6 (1) A national program to fulfill national obser7 vation priorities, including the Nation’s ocean con8 tribution to the Global Earth Observation System of 

9 Systems and the Global Ocean Observing System. 

10 (2) A network of regional associations to man11 age the regional ocean and coastal observing and in12 formation programs that collect, measure, and dis13 seminate data and information products to meet re14 gional needs. 

15 (3) A data management and communication 

16 system for the timely integration and dissemination 

17 of data and information products from the national 

18 and regional systems. 

19 (4) A research and development program con20 ducted under the guidance of the Council. 

21 (5) An outreach, education, and training pro22 gram that augments existing programs, such as the 

23 National Sea Grant College Program and the Cen24 ters for Ocean Sciences Education Excellence pro25 gram, to ensure the use of the data and information 
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1 for improving public education and awareness of the 

2 Nation’s oceans and building the technical expertise 

3 required to operate and improve the observing sys4 tem. 

5 (c) COUNCIL FUNCTIONS.—In carrying out respon6 sibilities under this section, the Council shall— 

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

8 and implementation of all aspects of the observing 

9 system; 

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

11 are developed and maintained by the interagency 

12 program office in consultation with the regional as13 sociations; 

14 (3) coordinate the observing system with other 

15 earth observing activities including the Global Ocean 

16 Observing System and the Global Earth Observing 

17 System of Systems; 

18 (4) coordinate and administer programs of re19 search and development and education to support 

20 improvements to and the operation of an integrated 

21 ocean and coastal observing system and to advance 

22 the understanding of the oceans; 

23 (5) establish pilot projects to develop technology 

24 and methods for advancing the development of the 

25 observing system; 
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1 (6) support the development of institutional 

2 mechanisms to further the goals of the program and 

3 provide for the capitalization of the required infra4 structure; 

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

6 representation on United States delegations to inter7 national meetings on ocean and coastal observing 

8 programs, including those under the jurisdiction of 

9 the International Joint Commission involving Cana10 dian waters; and 

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

12 coordinate relevant Federal activities with those of 

13 other nations. 

14 (d) INTERAGENCY PROGRAM OFFICE.—The Council 

15 shall establish an interagency program office to be known 

16 as ‘‘OceanUS’’. The interagency program office shall be 

17 responsible for program planning and coordination of the 

18 observing system. The interagency program office shall— 

19 (1) prepare annual and long-term plans for con20 sideration by the Council for the design and imple21 mentation of the observing system that promote col22 laboration among Federal agencies and regional as23 sociations in developing the global and national ob24 serving systems, including identification and refine-
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1 ment of a core set of variables to be measured by 

2 all systems; 

3 (2) coordinate the development of agency prior4 ities and budgets for implementation of the observ5 ing system, including budgets for the regional asso6 ciations; 

7 (3) establish and refine standards and protocols 

8 for data management and communications, including 

9 quality standards, in consultation with participating 

10 Federal agencies and regional associations; 

11 (4) develop a process for the certification of the 

12 regional associations and their periodic review and 

13 recertification; and 

14 (5) establish an external technical committee to 

15 provide biennial review of the observing system. 

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

17 and Atmospheric Administration shall be the lead Federal 

18 agency for implementation and operation of the observing 

19 system. Based on the plans prepared by the interagency 

20 program office and adopted by the Council, the Adminis21 trator of the National Oceanic and Atmospheric Adminis22 tration shall— 

23 (1) coordinate implementation, operation and 

24 improvement of the observing system; 
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1 (2) establish efficient and effective administra2 tive procedures for allocation of funds among Fed3 eral agencies and regional associations in a timely 

4 manner and according to the budget adopted by the 

5 Council; 

6 (3) implement and maintain appropriate ele7 ments of the observing system; 

8 (4) provide for the migration of scientific and 

9 technological advances from research and develop10 ment to operational deployment; 

11 (5) integrate and extend existing programs and 

12 pilot projects into the operational observation sys13 tem; and 

14 (6) certify regional associations that meet the 

15 requirements of subsection (f). 

16 (f) REGIONAL ASSOCIATIONS OF OCEAN AND COAST17 AL OBSERVING SYSTEMS.—The Administrator of the Na18 tional Oceanic and Atmospheric Administration may cer19 tify one or more regional associations to be responsible 

20 for the development and operation of regional ocean and 

21 coastal observing systems to meet the information needs 

22 of user groups in the region while adhering to national 

23 standards. To be certifiable by the Administrator, a re24 gional association shall— 
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1 (1) demonstrate an organizational structure ca2 pable of supporting and integrating all aspects of 

3 ocean and coastal observing and information pro4 grams within a region; 

5 (2) operate under a strategic operations and 

6 business plan that details the operation and support 

7 of regional ocean and coastal observing systems pur8 suant to the standards established by the Council; 

9 (3) provide information products for multiple 

10 users in the region; 

11 (4) work with governmental entities and pro12 grams at all levels within the region to provide time13 ly warnings and outreach and education to protect 

14 the public; and 

15 (5) meet certification standards developed by 

16 the interagency program office in conjunction with 

17 the regional associations and approved by the Coun18 cil. 

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

20 1346(b)(1) and chapter 171 of title 28, United States 

21 Code, the Suits in Admiralty Act (46 U.S.C. App. 741 

22 et seq.), and the Public Vessels Act (46 U.S.C. App. 781 

23 et seq.), any regional ocean and coastal observing system 

24 that is a designated part of a regional association certified 

25 under this section shall, in carrying out the purposes of 
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1 this Act, be deemed to be part of the National Oceanic 

2 and Atmospheric Administration, and any employee of 

3 such system, while acting within the scope of his or her 

4 employment in carrying out such purposes, shall be 

5 deemed to be an employee of the Government. 

6 SEC. 5. RESEARCH AND DEVELOPMENT AND EDUCATION. 

7 The Council shall establish programs for research 

8 and development and education for the ocean and coastal 

9 observing system, including projects under the National 

10 Oceanographic Partnership Program, consisting of the fol11 lowing: 

12 (1) Basic research to advance knowledge of 

13 ocean and coastal systems and ensure continued im14 provement of operational products, including related 

15 infrastructure and observing technology. 

16 (2) Focused research projects to improve under17 standing of the relationship between the coasts and 

18 oceans and human activities. 

19 (3) Large scale computing resources and re20 search to advance modeling of ocean and coastal 

21 processes. 

22 (4) A coordinated effort to build public edu23 cation and awareness of the ocean and coastal envi24 ronment and functions that integrates ongoing ac25 tivities such as the National Sea Grant College Pro-
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1 gram and the Centers for Ocean Sciences Education 

2 Excellence. 

3 SEC. 6. INTERAGENCY FINANCING. 

4 The departments and agencies represented on the 

5 Council are authorized to participate in interagency fi6 nancing and share, transfer, receive, obligate, and expend 

7 funds appropriated to any member of the Council for the 

8 purposes of carrying out any administrative or pro9 grammatic project or activity under this Act or under the 

10 National Oceanographic Partnership Program, including 

11 support for the interagency program office, a common in12 frastructure, and system integration for a ocean and 

13 coastal observing system. Funds may be transferred 

14 among such departments and agencies through an appro15 priate instrument that specifies the goods, services, or 

16 space being acquired from another Council member and 

17 the costs of the same. 

18 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated to the Na20 tional Oceanic and Atmospheric Administration for the 

21 implementation of an integrated ocean and coastal observ22 ing system under section 4, and the research and develop23 ment program under section 5, including financial assist24 ance to the interagency program office, the regional asso25 ciations for the implementation of regional ocean and 
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1 coastal observing systems, and the departments and agen2 cies represented on the Council, such sums as may be nec3 essary for each of fiscal years 2006 through 2010. At least 

4 50 percent of the sums appropriated for the implementa5 tion of the integrated ocean and coastal observing system 

6 under section 4 shall be allocated to the regional associa7 tions certified under section 4(f) for implementation of re8 gional ocean and coastal observing systems. Sums appro9 priated pursuant to this section shall remain available 

10 until expended. 

11 SEC. 8. REPORTING REQUIREMENT. 

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

13 through the Council, shall transmit to Congress a report 

14 on the programs established under sections 4 and 5. The 

15 report shall include a description of activities carried out 

16 under the programs, an evaluation of the effectiveness of 

17 the programs, and recommendations concerning reauthor18 ization of the programs and funding levels for the pro19 grams in succeeding fiscal years. 

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