I 

109TH CONGRESS 

1ST SESSION S. 361 

IN THE HOUSE OF REPRESENTATIVES 

JULY 11, 2005 

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 

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. 

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’’. 
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1 SEC. 2. FINDINGS AND PURPOSES. 

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

3 (1) Ocean and coastal observations provide vital 

4 information for protecting human lives and property 

5 from marine hazards, predicting weather, improving 

6 ocean health and providing for the protection and 

7 enjoyment of the resources of the Nation’s coasts, 

8 oceans, and Great 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 data 

13 management systems to provide timely detection, as14 sessment, and warnings to the millions of people liv15 ing in coastal regions of the United States and 

16 throughout 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, and supporting 

22 commercial and sport fisheries valued at more than 

23 $50 billion annually. 

24 (4) Responding to coastal hazards and man25 aging fisheries and other coastal activities require 

26 improved monitoring of the Nation’s waters and 
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1 coastline, including the ability to provide rapid re2 sponse teams with real-time environmental condi3 tions necessary for their work. 

4 (5) While knowledge of the ocean and coastal 

5 environment and processes is far from complete, ad6 vances in sensing technologies and scientific under7 standing have made possible long-term and contin8 uous observation from shore, from space, and in situ 

9 of ocean and coastal characteristics and conditions. 

10 (6) Many elements of an ocean and coastal ob11 serving system are in place, but require national in12 vestment, consolidation, completion, and integration 

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

14 (7) The Commission on Ocean Policy rec15 ommends a national commitment to a sustained and 

16 integrated ocean and coastal observing system and 

17 to coordinated research programs in order to assist 

18 the Nation and the world in understanding the 

19 oceans, improving weather forecasts, strengthening 

20 management of ocean and coastal resources, and 

21 mitigating marine hazards. 

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

23 50 nations in affirming the vital importance of time24 ly, quality, long-term global observations as a basis 

25 for sound decision-making, recognizing the contribu-
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1 tion of observation systems to meet national, re2 gional, and global needs, and calling for strength3 ened cooperation and coordination in establishing a 

4 Global Earth Observation System of Systems, of 

5 which an integrated ocean and coastal observing sys6 tem is an essential part. 

7 (b) PURPOSES.—The purposes of this Act are to pro8 vide for— 

9 (1) the planning, development, and maintenance 

10 of an integrated ocean and coastal observing system 

11 that provides the data and information to sustain 

12 and restore healthy marine and Great Lakes eco13 systems and the resources they support, enable ad14 vances in scientific understanding of the oceans and 

15 the Great Lakes, and strengthen science education 

16 and communication; 

17 (2) implementation of research, development, 

18 education, and outreach programs to improve under19 standing of the oceans and Great Lakes and achieve 

20 the full national benefits of an integrated ocean and 

21 coastal observing system; 

22 (3) implementation of a data and information 

23 management system required by all components of 

24 an integrated ocean and coastal observing system 

25 and related research to develop early warning sys-
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1 tems and insure usefulness of data and information 

2 for users; and 

3 (4) establishment of a system of regional ocean, 

4 coastal, and Great Lakes observing systems to ad5 dress local needs for ocean information. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

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

9 National Ocean Research Leadership Council. 

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

11 system’’ means the integrated coastal, ocean and 

12 Great Lakes observing system to be established by 

13 the Committee under section 4(a). 

14 (3) INTERAGENCY PROGRAM OFFICE.—The 

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

16 established under section 4(d). 

17 SEC. 4. INTEGRATED OCEAN AND COASTAL OBSERVING 

18 SYSTEM. 

19 (a) ESTABLISHMENT.—The President, acting 

20 through the Council, shall establish and maintain an inte21 grated system of ocean and coastal observations, data 

22 communication and management, analysis, modeling, re23 search, education, and outreach designed to provide data 

24 and information for the timely detection and prediction 

25 of changes occurring in the ocean, coastal and Great 
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1 Lakes environment that impact the Nation’s social, eco2 nomic, and ecological systems. The observing system shall 

3 provide for long-term, continuous and quality-controlled 

4 observations of the coasts, oceans, and Great Lakes for 

5 the following purposes: 

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

7 oceans, and Great Lakes. 

8 (2) Protecting human lives and livelihoods from 

9 hazards such as tsunamis, hurricanes, coastal ero10 sion, and fluctuating Great Lakes water levels. 

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

13 coasts, oceans, and Great Lakes and the Nation’s 

14 socioeconomic well-being. 

15 (4) Providing for the sustainable use, protec16 tion, and enjoyment of ocean, coastal, and Great 

17 Lakes resources. 

18 (5) Providing information that can support the 

19 eventual implementation and refinement of eco20 system-based management. 

21 (6) Supplying critical information to marine-re22 lated businesses such as aquaculture and fisheries. 

23 (7) Supporting research and development to en24 sure continuous improvement to ocean, coastal, and 

25 Great Lakes observation measurements and to en-
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1 hance understanding of the Nation’s ocean, coastal, 

2 and Great Lakes resources. 

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 dissemination sys16 tem for the timely integration and dissemination of 

17 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, the Centers 

24 for Ocean Sciences Education Excellence program, 

25 and the National Estuarine Research Reserve Sys-
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1 tem, to ensure the use of the data and information 

2 for improving public education and awareness of the 

3 Nation’s oceans and building the technical expertise 

4 required to operate and improve the observing sys5 tem. 

6 (c) COUNCIL FUNCTIONS.—In carrying out respon7 sibilities under this section, the Council shall— 

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

9 and implementation of all aspects of the observing 

10 system; 

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

12 are developed and maintained by the interagency 

13 program office in consultation with the regional as14 sociations; 

15 (3) coordinate the observing system with other 

16 earth observing activities including the Global Ocean 

17 Observing System and the Global Earth Observing 

18 System of Systems; 

19 (4) coordinate and administer programs of re20 search, development, education, and outreach to sup21 port improvements to and the operation of an inte22 grated ocean and coastal observing system and to 

23 advance the understanding of the oceans; 
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1 (5) establish pilot projects to develop technology 

2 and methods for advancing the development of the 

3 observing system; 

4 (6) provide, as appropriate, support for and 

5 representation on United States delegations to inter6 national meetings on ocean and coastal observing 

7 programs; and 

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

9 coordinate relevant Federal activities with those of 

10 other nations. 

11 (d) INTERAGENCY PROGRAM OFFICE.—The Council 

12 shall establish an interagency program office to be known 

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

14 responsible for program planning and coordination of the 

15 observing system. The interagency program office shall— 

16 (1) prepare annual and long-term plans for con17 sideration by the Council for the design and imple18 mentation of the observing system that promote col19 laboration among Federal agencies and regional as20 sociations in developing the global and national ob21 serving systems, including identification and refine22 ment of a core set of variables to be measured by 

23 all systems; 

24 (2) coordinate the development of agency prior25 ities and budgets for implementation of the observ-
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1 ing system, including budgets for the regional asso2 ciations; 

3 (3) establish and refine standards and protocols 

4 for data management and communications, including 

5 quality standards, in consultation with participating 

6 Federal agencies and regional associations; 

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

8 regional associations and their periodic review and 

9 recertification; 

10 (5) establish an external technical committee to 

11 provide biennial review of the observing system; and 

12 (6) provide for opportunities to partner or con13 tract with private sector companies in deploying 

14 ocean observation system elements. 

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

16 and Atmospheric Administration shall be the lead Federal 

17 agency for implementation and operation of the observing 

18 system. Based on the plans prepared by the interagency 

19 program office and adopted by the Council, the Adminis20 trator of the National Oceanic and Atmospheric Adminis21 tration shall— 

22 (1) coordinate implementation, operation and 

23 improvement of the observing system; 

24 (2) establish efficient and effective administra25 tive procedures for allocation of funds among Fed-
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1 eral agencies and regional associations in a timely 

2 manner and according to the budget adopted by the 

3 Council; 

4 (3) implement and maintain appropriate ele5 ments of the observing system; 

6 (4) provide for the migration of scientific and 

7 technological advances from research and develop8 ment to operational deployment; 

9 (5) integrate and extend existing programs and 

10 pilot projects into the operational observation sys11 tem; 

12 (6) certify regional associations that meet the 

13 requirements of subsection (f); and 

14 (7) integrate the capabilities of the National 

15 Coastal Data Development Center and the Coastal 

16 Services Center of the National Oceanic and Atmos17 pheric Administration, and other appropriate cen18 ters, into the observing system for the purpose of as19 similating, managing, disseminating, and archiving 

20 data from regional observation systems and other 

21 observation systems. 

22 (f) REGIONAL ASSOCIATIONS OF OCEAN AND COAST23 AL OBSERVING SYSTEMS.—The Administrator of the Na24 tional Oceanic and Atmospheric Administration may cer25 tify one or more regional associations to be responsible 
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1 for the development and operation of regional ocean and 

2 coastal observing systems to meet the information needs 

3 of user groups in the region while adhering to national 

4 standards. To be certifiable by the Administrator, a re5 gional association shall— 

6 (1) demonstrate an organizational structure ca7 pable of supporting and integrating all aspects of 

8 ocean and coastal observing and information pro9 grams within a region; 

10 (2) operate under a strategic operations and 

11 business plan that details the operation and support 

12 of regional ocean and coastal observing systems pur13 suant to the standards established by the Council; 

14 (3) provide information products for multiple 

15 users in the region; 

16 (4) work with governmental entities and pro17 grams at all levels within the region to provide time18 ly warnings and outreach to protect the public; and 

19 (5) meet certification standards developed by 

20 the interagency program office in conjunction with 

21 the regional associations and approved by the Coun22 cil. 

23 Nothing in this Act authorizes a regional association to 

24 engage in lobbying activities (as defined in section 3(7) 
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1 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 

2 1602(7)). 

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

4 1346(b)(1) and chapter 171 of title 28, United States 

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

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

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

8 that is a designated part of a regional association certified 

9 under this section shall, in carrying out the purposes of 

10 this Act, be deemed to be part of the National Oceanic 

11 and Atmospheric Administration, and any employee of 

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

13 employment in carrying out such purposes, shall be 

14 deemed to be an employee of the Government. 

15 SEC. 5. RESEARCH, DEVELOPMENT, AND EDUCATION. 

16 The Council shall establish programs for research, 

17 development, education, and outreach for the ocean and 

18 coastal observing system, including projects under the Na19 tional Oceanographic Partnership Program, consisting of 

20 the following: 

21 (1) Basic research to advance knowledge of 

22 ocean and coastal systems and ensure continued im23 provement of operational products, including related 

24 infrastructure and observing technology. 
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1 (2) Focused research projects to improve under2 standing of the relationship between the coasts and 

3 oceans and human activities. 

4 (3) Large scale computing resources and re5 search to advance modeling of ocean and coastal 

6 processes. 

7 (4) A coordinated effort to build public edu8 cation and awareness of the ocean and coastal envi9 ronment and functions that integrates ongoing ac10 tivities such as the National Sea Grant College Pro11 gram, the Centers for Ocean Sciences Education Ex12 cellence, and the National Estuarine Research Re13 serve System. 

14 SEC. 6. INTERAGENCY FINANCING. 

15 The departments and agencies represented on the 

16 Council are authorized to participate in interagency fi17 nancing and share, transfer, receive, obligate, and expend 

18 funds appropriated to any member of the Council for the 

19 purposes of carrying out any administrative or pro20 grammatic project or activity under this Act or under the 

21 National Oceanographic Partnership Program, including 

22 support for the interagency program office, a common in23 frastructure, and system integration for a ocean and 

24 coastal observing system. Funds may be transferred 

25 among such departments and agencies through an appro-
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1 priate instrument that specifies the goods, services, or 

2 space being acquired from another Council member and 

3 the costs of the same. 

4 SEC. 7. APPLICATION WITH OUTER CONTINENTAL SHELF 

5 LANDS ACT. 

6 Nothing in this Act supersedes, or limits the author7 ity of the Secretary of the Interior under the Outer Conti8 nental Shelf Lands Act (43 U.S.C. 1331 et seq.). 

9 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated to the Na11 tional Oceanic and Atmospheric Administration for the 

12 implementation of an integrated ocean and coastal observ13 ing system under section 4, and the research and develop14 ment program under section 5, including financial assist15 ance to the interagency program office, the regional asso16 ciations for the implementation of regional ocean and 

17 coastal observing systems, and the departments and agen18 cies represented on the Council, $150,000,000 for each of 

19 fiscal years 2006 through 2010. At least 50 percent of 

20 the sums appropriated for the implementation of the inte21 grated ocean and coastal observing system under section 

22 4 shall be allocated to the regional associations certified 

23 under section 4(f) for implementation of regional ocean 

24 and coastal observing systems. Sums appropriated pursu25 ant to this section shall remain available until expended. 
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1 SEC. 9. REPORTING REQUIREMENT. 

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

3 through the Council, shall transmit to Congress a report 

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

5 report shall include a description of activities carried out 

6 under the programs, an evaluation of the effectiveness of 

7 the programs, and recommendations concerning reauthor8 ization of the programs and funding levels for the pro9 grams in succeeding fiscal years. 

Passed the Senate July 1, 2005. 

Attest: EMILY J. REYNOLDS, 

Secretary.