II 

Calendar No. 76 

109TH CONGRESS 

1ST SESSION S. 361 

[Report No. 109–60] 

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, Ms. COLLINS, Mr. SARBANES, Mr. LAUTENBERG, Mr. LOTT, and Ms. CANTWELL) 

introduced the following bill; which was read twice and referred to the 

Committee on Commerce, Science, and Transportation 

APRIL 19, 2005 

Reported by Mr. STEVENS, without amendment 

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. 
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•S 361 RS 

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: 

8 (1) Ocean and coastal observations provide vital 

9 information for protecting human lives and property 

10 from marine hazards, enhancing national and home11 land security, predicting weather and global climate 

12 change, improving ocean health and providing for 

13 the protection, sustainable use, and enjoyment of the 

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

15 Lakes. 

16 (2) The continuing and potentially devastating 

17 threat posed by tsunamis, hurricanes, storm surges, 

18 and other marine hazards requires immediate imple19 mentation of strengthened observation and commu20 nications systems to provide timely detection, assess21 ment, and warnings to the millions of people living 

22 in coastal regions of the United States and through23 out the world. 

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

25 States, including the Great Lakes, is vital to the Na-
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1 tion’s prosperity, contributing over $117 billion to 

2 the national economy in 2000, supporting jobs for 

3 more than 200 million Americans, handling $700 

4 billion in waterborne commerce, and supporting com5 mercial and sport fisheries valued at more than $50 

6 billion annually. 

7 (4) Safeguarding homeland security, conducting 

8 search and rescue operations, responding to natural 

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

10 harmful algal blooms, and managing fisheries and 

11 other coastal activities require improved monitoring 

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

13 ability to track vessels and to provide rapid response 

14 teams with real-time environmental conditions nec15 essary for their work. 

16 (5) While knowledge of the ocean and coastal 

17 environment and processes is far from complete, ad18 vances in sensing technologies and scientific under19 standing have made possible long-term and contin20 uous observation from shore, from space, and in situ 

21 of ocean and coastal characteristics and conditions. 

22 (6) Many elements of an ocean and coastal ob23 serving system are in place, but require national in24 vestment, consolidation, completion, and integration 

25 at Federal, regional, State, and local levels. 
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1 (7) The Commission on Ocean Policy rec2 ommends a national commitment to a sustained and 

3 integrated ocean and coastal observing system and 

4 to coordinated research programs in order to assist 

5 the Nation and the world in understanding the 

6 oceans and the global climate system, enhancing 

7 homeland security, improving weather and climate 

8 forecasts, strengthening management of ocean and 

9 coastal resources, improving the safety and efficiency 

10 of maritime operations, and mitigating marine haz11 ards. 

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

13 50 nations in affirming the vital importance of time14 ly, quality, long-term global observations as a basis 

15 for sound decision-making, recognizing the contribu16 tion of observation systems to meet national, re17 gional, and global needs, and calling for strength18 ened cooperation and coordination in establishing a 

19 Global Earth Observation System of Systems, of 

20 which an integrated ocean and coastal observing sys21 tem is an essential part. 

22 (b) PURPOSES.—The purposes of this Act are to pro23 vide for— 

24 (1) the development and maintenance of an in25 tegrated ocean and coastal observing system that 
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1 provides the data and information to ensure national 

2 security and public safety, support economic develop3 ment, sustain and restore healthy marine ecosystems 

4 and the resources they support, enable advances in 

5 scientific understanding of the oceans, and strength6 en science education and communication; 

7 (2) implementation of research and development 

8 and education programs to improve understanding 

9 of the oceans and Great Lakes and achieve the full 

10 national benefits of an integrated ocean and coastal 

11 observing system; 

12 (3) implementation of a data and information 

13 management system required by all components of 

14 an integrated ocean and coastal observing system 

15 and related research to develop early warning sys16 tems; and 

17 (4) establishment of a system of regional ocean 

18 and coastal observing systems to address local needs 

19 for ocean information. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

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

23 National Ocean Research Leadership Council estab24 lished under section 7902(a) of title 10, United 

25 States Code. 
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1 (2) OBSERVING SYSTEM.—The term ‘‘observing 

2 system’’ means the integrated coastal, ocean and 

3 Great Lakes observing system to be established by 

4 the Committee under section 4(a). 

5 (3) NATIONAL OCEANOGRAPHIC PARTNERSHIP

6 PROGRAM.—The term ‘‘National Oceanographic 

7 Partnership Program’’ means the program estab8 lished under section 7901 of title 10, United States 

9 Code. 

10 (4) INTERAGENCY PROGRAM OFFICE.—The 

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

12 established under section 4(d). 

13 SEC. 4. INTEGRATED OCEAN AND COASTAL OBSERVING 

14 SYSTEM. 

15 (a) ESTABLISHMENT.—The President, acting 

16 through the Council, shall establish and maintain an inte17 grated system of ocean and coastal observations, data 

18 communication and management, analysis, modeling, re19 search, and education designed to provide data and infor20 mation for the timely detection and prediction of changes 

21 occurring in the ocean and coastal environment that im22 pact the Nation’s social, economic, and ecological systems. 

23 The observing system shall provide for long-term, contin24 uous and quality-controlled observations of the coasts, 

25 oceans, and Great Lakes for the following purposes: 
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1 (1) Improving the health of the Nation’s coasts, 

2 oceans, and Great Lakes. 

3 (2) Protecting human lives and livelihoods from 

4 hazards such as tsunamis, hurricanes, coastal ero5 sion, and fluctuating Great Lakes water levels. 

6 (3) Supporting national defense and homeland 

7 security efforts. 

8 (4) Understanding the effects of human activi9 ties and natural variability on the state of the coasts 

10 and oceans and the Nation’s socioeconomic well11 being. 

12 (5) Measuring, explaining, and predicting envi13 ronmental changes. 

14 (6) Providing for the sustainable use, protec15 tion, and enjoyment of ocean and coastal resources. 

16 (7) Providing a scientific basis for implementa17 tion and refinement of ecosystem-based manage18 ment. 

19 (8) Educating the public about the role and im20 portance of the oceans and Great Lakes in daily life. 

21 (9) Tracking and understanding climate change 

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

23 (10) Supplying critical information to marine24 related businesses such as marine transportation, 
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1 aquaculture, fisheries, and offshore energy produc2 tion. 

3 (11) Supporting research and development to 

4 ensure continuous improvement to ocean and coastal 

5 observation measurements and to enhance under6 standing of the Nation’s ocean and coastal re7 sources. 

8 (b) SYSTEM ELEMENTS.—In order to fulfill the pur9 poses of this Act, the observing system shall consist of the 

10 following program elements: 

11 (1) A national program to fulfill national obser12 vation priorities, including the Nation’s ocean con13 tribution to the Global Earth Observation System of 

14 Systems and the Global Ocean Observing System. 

15 (2) A network of regional associations to man16 age the regional ocean and coastal observing and in17 formation programs that collect, measure, and dis18 seminate data and information products to meet re19 gional needs. 

20 (3) A data management and communication 

21 system for the timely integration and dissemination 

22 of data and information products from the national 

23 and regional systems. 

24 (4) A research and development program con25 ducted under the guidance of the Council. 
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1 (5) An outreach, education, and training pro2 gram that augments existing programs, such as the 

3 National Sea Grant College Program and the Cen4 ters for Ocean Sciences Education Excellence pro5 gram, to ensure the use of the data and information 

6 for improving public education and awareness of the 

7 Nation’s oceans and building the technical expertise 

8 required to operate and improve the observing sys9 tem. 

10 (c) COUNCIL FUNCTIONS.—In carrying out respon11 sibilities under this section, the Council shall— 

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

13 and implementation of all aspects of the observing 

14 system; 

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

16 are developed and maintained by the interagency 

17 program office in consultation with the regional as18 sociations; 

19 (3) coordinate the observing system with other 

20 earth observing activities including the Global Ocean 

21 Observing System and the Global Earth Observing 

22 System of Systems; 

23 (4) coordinate and administer programs of re24 search and development and education to support 

25 improvements to and the operation of an integrated 
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1 ocean and coastal observing system and to advance 

2 the understanding of the oceans; 

3 (5) establish pilot projects to develop technology 

4 and methods for advancing the development of the 

5 observing system; 

6 (6) support the development of institutional 

7 mechanisms to further the goals of the program and 

8 provide for the capitalization of the required infra9 structure; 

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

11 representation on United States delegations to inter12 national meetings on ocean and coastal observing 

13 programs, including those under the jurisdiction of 

14 the International Joint Commission involving Cana15 dian waters; and 

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

17 coordinate relevant Federal activities with those of 

18 other nations. 

19 (d) INTERAGENCY PROGRAM OFFICE.—The Council 

20 shall establish an interagency program office to be known 

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

22 responsible for program planning and coordination of the 

23 observing system. The interagency program office shall— 

24 (1) prepare annual and long-term plans for con25 sideration by the Council for the design and imple-
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1 mentation of the observing system that promote col2 laboration among Federal agencies and regional as3 sociations in developing the global and national ob4 serving systems, including identification and refine5 ment of a core set of variables to be measured by 

6 all systems; 

7 (2) coordinate the development of agency prior8 ities and budgets for implementation of the observ9 ing system, including budgets for the regional asso10 ciations; 

11 (3) establish and refine standards and protocols 

12 for data management and communications, including 

13 quality standards, in consultation with participating 

14 Federal agencies and regional associations; 

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

16 regional associations and their periodic review and 

17 recertification; and 

18 (5) establish an external technical committee to 

19 provide biennial review of the observing system. 

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

21 and Atmospheric Administration shall be the lead Federal 

22 agency for implementation and operation of the observing 

23 system. Based on the plans prepared by the interagency 

24 program office and adopted by the Council, the Adminis-
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1 trator of the National Oceanic and Atmospheric Adminis2 tration shall— 

3 (1) coordinate implementation, operation and 

4 improvement of the observing system; 

5 (2) establish efficient and effective administra6 tive procedures for allocation of funds among Fed7 eral agencies and regional associations in a timely 

8 manner and according to the budget adopted by the 

9 Council; 

10 (3) implement and maintain appropriate ele11 ments of the observing system; 

12 (4) provide for the migration of scientific and 

13 technological advances from research and develop14 ment to operational deployment; 

15 (5) integrate and extend existing programs and 

16 pilot projects into the operational observation sys17 tem; and 

18 (6) certify regional associations that meet the 

19 requirements of subsection (f). 

20 (f) REGIONAL ASSOCIATIONS OF OCEAN AND COAST21 AL OBSERVING SYSTEMS.—The Administrator of the Na22 tional Oceanic and Atmospheric Administration may cer23 tify one or more regional associations to be responsible 

24 for the development and operation of regional ocean and 

25 coastal observing systems to meet the information needs 
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1 of user groups in the region while adhering to national 

2 standards. To be certifiable by the Administrator, a re3 gional association shall— 

4 (1) demonstrate an organizational structure ca5 pable of supporting and integrating all aspects of 

6 ocean and coastal observing and information pro7 grams within a region; 

8 (2) operate under a strategic operations and 

9 business plan that details the operation and support 

10 of regional ocean and coastal observing systems pur11 suant to the standards established by the Council; 

12 (3) provide information products for multiple 

13 users in the region; 

14 (4) work with governmental entities and pro15 grams at all levels within the region to provide time16 ly warnings and outreach and education to protect 

17 the public; and 

18 (5) meet certification standards developed by 

19 the interagency program office in conjunction with 

20 the regional associations and approved by the Coun21 cil. 

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

23 1346(b)(1) and chapter 171 of title 28, United States 

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

25 et seq.), and the Public Vessels Act (46 U.S.C. App. 781 
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1 et seq.), any regional ocean and coastal observing system 

2 that is a designated part of a regional association certified 

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

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

5 and Atmospheric Administration, and any employee of 

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

7 employment in carrying out such purposes, shall be 

8 deemed to be an employee of the Government. 

9 SEC. 5. RESEARCH AND DEVELOPMENT AND EDUCATION. 

10 The Council shall establish programs for research 

11 and development and education for the ocean and coastal 

12 observing system, including projects under the National 

13 Oceanographic Partnership Program, consisting of the fol14 lowing: 

15 (1) Basic research to advance knowledge of 

16 ocean and coastal systems and ensure continued im17 provement of operational products, including related 

18 infrastructure and observing technology. 

19 (2) Focused research projects to improve under20 standing of the relationship between the coasts and 

21 oceans and human activities. 

22 (3) Large scale computing resources and re23 search to advance modeling of ocean and coastal 

24 processes. 
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1 (4) A coordinated effort to build public edu2 cation and awareness of the ocean and coastal envi3 ronment and functions that integrates ongoing ac4 tivities such as the National Sea Grant College Pro5 gram and the Centers for Ocean Sciences Education 

6 Excellence. 

7 SEC. 6. INTERAGENCY FINANCING. 

8 The departments and agencies represented on the 

9 Council are authorized to participate in interagency fi10 nancing and share, transfer, receive, obligate, and expend 

11 funds appropriated to any member of the Council for the 

12 purposes of carrying out any administrative or pro13 grammatic project or activity under this Act or under the 

14 National Oceanographic Partnership Program, including 

15 support for the interagency program office, a common in16 frastructure, and system integration for a ocean and 

17 coastal observing system. Funds may be transferred 

18 among such departments and agencies through an appro19 priate instrument that specifies the goods, services, or 

20 space being acquired from another Council member and 

21 the costs of the same. 

22 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated to the Na24 tional Oceanic and Atmospheric Administration for the 

25 implementation of an integrated ocean and coastal observ-
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1 ing system under section 4, and the research and develop2 ment program under section 5, including financial assist3 ance to the interagency program office, the regional asso4 ciations for the implementation of regional ocean and 

5 coastal observing systems, and the departments and agen6 cies represented on the Council, such sums as may be nec7 essary for each of fiscal years 2006 through 2010. At least 

8 50 percent of the sums appropriated for the implementa9 tion of the integrated ocean and coastal observing system 

10 under section 4 shall be allocated to the regional associa11 tions certified under section 4(f) for implementation of re12 gional ocean and coastal observing systems. Sums appro13 priated pursuant to this section shall remain available 

14 until expended. 

15 SEC. 8. REPORTING REQUIREMENT. 

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

17 through the Council, shall transmit to Congress a report 

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

19 report shall include a description of activities carried out 

20 under the programs, an evaluation of the effectiveness of 

21 the programs, and recommendations concerning reauthor22 ization of the programs and funding levels for the pro23 grams in succeeding fiscal years. 

Calendar No. 76 

109TH CONGRESS 

1ST SESSION S. 361 

[Report No. 109–60] 

A BILL 

To develop and maintain an integrated system of 

ations, and for other purposes. hance homeland security, support maritime operings of tsunamis and other natural hazards, encoasts, oceans and Great Lakes, improve warnocean and coastal observations for the Nation’s 

APRIL 19, 2005 

Reported without amendment