I 
109TH CONGRESS 
1ST SESSION H. R. 1489 
To authorize the Secretary of Commerce to establish a coastal ocean 
observation system. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 6, 2005 
Mr. GILCHREST introduced the following bill; which was referred to the Com-
mittee 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 com-
mittee concerned 
A BILL 
To authorize the Secretary of Commerce to establish a 
coastal ocean observation system. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Coastal Ocean Obser-
vation System Integration and Implementation Act of 
2005’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are the following:
(1) To gain a better understanding of the ma-
rine environment and marine processes important to 
coastal and fishery management, marine operations, 
environmental prediction, and other appropriate ac-
tivities. 
(2) To authorize the establishment of an obser-
vation system to collect data on environmental vari-
ables in coastal ocean waters of the United States to 
meet regional and national information requirements 
and support an integrated national ocean observing 
system. 
(3) To more effectively predict and mitigate im-
pacts of natural hazards such as tsunamis, hurri-
canes, coastal erosion, and fluctuating water levels 
in the Great Lakes, and conserve healthy and re-
store degraded coastal ecosystems. 
(4) To enable the sustainable use of ocean and 
coastal resources. 
(5) To ensure that a broad-based multisector 
constituency is included in the development of the 
System, including local, State, tribal, and Federal 
agencies, private companies, nongovernmental orga-
nizations, and academic institutions. 
SEC. 3. DEFINITIONS. 
In this Act:
(1) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the National Oceanic and Atmospheric 
Administration. 
(2) 
COASTAL
WATERS
OF
THE
UNITED 
STATES.—The term ‘‘coastal waters of the United 
States’’ means waters of coastal and estuarine areas 
of United States, waters of the Great Lakes and the 
exclusive economic zone of the United States, includ-
ing bays, lagoons, fjords, tidal wetlands, and other 
semienclosed bodies of water that are connected to 
ocean waters. 
(3) COUNCIL.—The term ‘‘Council’’ means the 
National Ocean Research Leadership Council. 
(4) PANEL.—The term ‘‘Panel’’ means the 
Ocean and Research Advisory Panel. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce, acting through the Ad-
ministration. 
(6) SYSTEM.—The term ‘‘System’’ means the 
Coastal Ocean Observation System established by 
the Secretary under section 4. 
SEC. 4. ESTABLISHMENT OF COASTAL OCEAN OBSERVA-
TION SYSTEM. 
(a) REQUIREMENT.—The Secretary, in consultation 
with the Council, shall establish within the Administration
a Coastal Ocean Observation System to support coastal 
and fishery management activities and an integrated na-
tional ocean observation system. 
(b) COMPONENTS
AND FUNCTIONS.—The System 
shall— 
(1) consist of components of the Administration 
and other Federal agencies and non-Federal entities 
designated as units under section 5; 
(2) transmit such data to users including, as 
appropriate, in real time or near real time; 
(3) produce forecasts and other appropriate 
products representing ocean conditions and proc-
esses; and 
(4) manage the collected data in accordance 
with best practices for archiving and future use. 
SEC. 5. DESIGNATION OF UNITS AND STANDARDS. 
(a) IN GENERAL.—The Secretary may, in consulta-
tion with the Council, designate as a unit of the System 
to carry out the purposes of this Act any Federal agency 
or non-Federal entity that operates marine sensors and 
other devices that collect remotely sensed and in situ ob-
servation data in the ocean and coastal waters of the 
United States in a routine manner, including continuous 
observations.
(b) CRITERIA
FOR DESIGNATION.—The Secretary 
may not designate an agency or other entity as a unit of 
the System unless the Secretary certifies, in consultation 
with the Council, that the entity has adequate technical 
expertise to operate and sustain the technology in the unit, 
and collect and distribute data in accordance with stand-
ards and protocols established under subsection (c). 
(c) DATA STANDARDS, PROTOCOLS, AND SYSTEMS.— 
The Secretary shall— 
(1) establish, in consultation with the Council 
and the Panel, standards, and protocols for the col-
lection, availability, and distribution by units of the 
System of data regarding coastal waters of the 
United States; and 
(2) establish management, quality control, and 
assessment systems for such data collection, avail-
ability, and distribution. 
SEC. 6. COORDINATION AND ACTIVITIES OF THE SYSTEM. 
(a) IN GENERAL.—The Secretary shall, in consulta-
tion with the Council, coordinate those observation activi-
ties of units of the System that are conducted with respect 
to the coastal waters of the United States, as necessary 
to collect data to carry out the purposes of this Act. 
(b) INCLUDED ACTIVITIES.—The Secretary shall, in 
consultation with the Council, ensure that—
(1) data collection activities of the System in-
clude all of the relevant coastal ocean observations 
necessary to carry out the purposes of this Act; and 
(2) data collected through the System is useful 
for developing forecast models to support coastal 
and fishery management, safe and efficient marine 
navigation, weather and climate prediction, and 
other appropriate activities. 
(c) PREVENTION COMPETITION WITH PRIVATE SEC-
TOR AND DUPLICATION OF EFFORT.—The Secretary shall 
ensure that data collection activities conducted through 
the System— 
(1) do not compete with private sector activi-
ties; and 
(2) minimize duplication of effort. 
SEC. 7. CIVIL LIABILITY. 
For purposes of determining civil liability under sec-
tion 2671 of title 28, United States Code, any unit of the 
System that is designated by the Secretary under section 
5, and any employee thereof, shall be treated as an instru-
mentality of the United States with respect to any act or 
omission committed by any such unit or employee in ful-
filling the purposes of this Act. 
SEC. 8. DATA AVAILABILITY AND PRODUCTS. 
The Secretary shall—
(1) work with the Panel and user groups to en-
sure the development of viable end-use products of 
the System to support coastal and fishery manage-
ment activities and other appropriate activities; 
(2) in consultation with the Council, develop a 
data management and communication system by 
which all data collected by the System regarding 
coastal waters of the United States are integrated 
and available; and 
(3) in conjunction with Federal, State, and 
local agencies, and academic institutions, use data 
collected by the System to develop forecast models to 
support and improve coastal and fishery manage-
ment, safe and efficient marine navigation, weather 
and climate prediction, and other appropriate activi-
ties. 
SEC. 9. PILOT PROJECTS. 
(a) REQUIREMENT.—The Secretary, in consultation 
with the Council, shall carry out pilot projects to deter-
mine the effectiveness of collecting and integrating coastal 
ocean observation data to support the Coastal Ocean Ob-
servation System established under this Act. 
(b) INCLUDED PROJECTS.—The pilot projects shall— 
(1) test the integration of data among multiple 
Federal agencies and non-Federal entities that oper-
ate marine sensors and other devices to collect or 
use coastal ocean observation data; 
(2) produce operational applications relevant to 
the purposes of this Act; 
(3) demonstrate potential economic and societal 
benefits of the System; and 
(4) advance research and development of useful 
technologies and applications. 
SEC. 10. PROCESS FOR TRANSITION FROM RESEARCH TO 
OPERATION. 
The Secretary, in consultation with the Council, shall 
formulate a process by which— 
(1) funding is made available for research on 
new technologies for collecting data regarding coast-
al waters of the United States; 
(2) such technologies are tested in pilot 
projects, including— 
(A) accelerated research into biological and 
chemical sensing techniques and satellite sen-
sors for collecting such data; and 
(B) developing technologies to improve all 
aspects of the System, especially the timeliness 
and accuracy of its predictive models and the 
usefulness of its information products; and
(3) technology that has been demonstrated to 
be useful for the System is incorporated into use by 
the System. 
SEC. 11. CONTRACTS AND GRANTS. 
The Secretary may enter into contracts or cooperative 
agreements with, or make grants to, units of the System 
to carry out observation activities with respect to coastal 
waters of the United States. 
SEC. 12. IMPLEMENTATION PLAN. 
Not later than 12 months after the date of the enact-
ment of this Act, the Secretary shall submit to the Con-
gress and the Council a plan for implementation of this 
Act, including for— 
(1) coordinating activities of the Secretary 
under this Act with other Federal agencies; and 
(2) distributing, to units of the System, funds 
available to carry out this Act. 
SEC. 13. REPORT TO CONGRESS. 
(a) REQUIREMENT.—Not later than two years after 
the date of the enactment of this Act and every two years 
thereafter, the Secretary shall transmit to the Congress 
a report on progress made in implementing this Act. 
(b) CONTENTS.—The report shall include the fol-
lowing:
(1) A description of activities carried out under 
this Act. 
(2) An evaluation of the effectiveness of the 
System. 
(3) Benefits of the System to users of data 
products resulting from the System (including the 
general public, industry, scientists, resource man-
agers, emergency responders, policy makers, and 
educators). 
(4) Recommendations concerning— 
(A) modifications to the System; and 
(B) funding levels for the System in subse-
quent fiscal years. 
SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 
To carry out this Act there are authorized to be ap-
propriated to the Secretary— 
(1) $25,000,000 for fiscal year 2005; 
(2) $30,000,000 for fiscal year 2006; 
(3) $35,000,000 for fiscal year 2007; and 
(4) $40,000,000 for fiscal year 2008. 
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