Coordinated Ocean Observations and Research Act of 2020
PL 116-271 (S.914), enacted 12/31/2020

[116th Congress Public Law 271]
[From the U.S. Government Publishing Office]



[[Page 134 STAT. 3331]]

Public Law 116-271
116th Congress

                                 An Act


 
 To reauthorize the Integrated Coastal and Ocean Observation System Act 
 of 2009, to clarify the authority of the Administrator of the National 
   Oceanic and Atmospheric Administration with respect to post-storm 
   assessments, and to require the establishment of a National Water 
  Center, and for other purposes. <<NOTE: Dec. 31, 2020 -  [S. 914]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Coordinated 
Ocean Observations and Research Act of 2020. 33 USC 3601 note.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Coordinated Ocean 
Observations and Research Act of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

  TITLE I--REAUTHORIZATION OF INTEGRATED COASTAL AND OCEAN OBSERVATION 
                           SYSTEM ACT OF 2009

Sec. 101. Purposes.
Sec. 102. Definitions.
Sec. 103. Integrated Coastal and Ocean Observation System.
Sec. 104. Financing and agreements.
Sec. 105. Reports to Congress.
Sec. 106. Public-private use policy.
Sec. 107. Repeal of independent cost estimate.
Sec. 108. Authorization of appropriations.
Sec. 109. Reports and research plans.
Sec. 110. Strategic research plan.
Sec. 111. Stakeholder input on monitoring.
Sec. 112. Research activities.

      TITLE II--NAMED STORM EVENT MODEL AND POST-STORM ASSESSMENTS

Sec. 201. Named Storm Event Model and post-storm assessments.

               TITLE III--WATER PREDICTION AND FORECASTING

Sec. 301. Water prediction and forecasting.

  TITLE I--REAUTHORIZATION OF INTEGRATED COASTAL AND OCEAN OBSERVATION 
                           SYSTEM ACT OF 2009

SEC. 101. PURPOSES.

    Section 12302 of the Integrated Coastal and Ocean Observation System 
Act of 2009 (33 U.S.C. 3601) is amended to read as follows:
``SEC. 12302. PURPOSES.

    ``The purposes of this subtitle are--

[[Page 134 STAT. 3332]]

            ``(1) to establish and sustain a national integrated System 
        of ocean, coastal, and Great Lakes observing systems, comprised 
        of Federal and non-Federal components coordinated at the 
        national level by the Council and at the regional level by a 
        network of regional coastal observing systems, and that includes 
        in situ, remote, and other coastal and ocean observation and 
        modeling capabilities, technologies, data management systems, 
        communication systems, and product development systems, and is 
        designed to address regional and national needs for ocean and 
        coastal information, to gather specific data on key ocean, 
        coastal, and Great Lakes variables, and to ensure timely and 
        sustained dissemination and availability of these data--
                    ``(A) to the public;
                    ``(B) to support national defense, search and rescue 
                operations, marine commerce, navigation safety, weather, 
                climate, and marine forecasting, energy siting and 
                production, economic development, ecosystem-based 
                marine, coastal, and Great Lakes resource management, 
                public safety, and public outreach and education;
                    ``(C) to promote greater public awareness and 
                stewardship of the Nation's ocean, coastal, and Great 
                Lakes resources and the general public welfare;
                    ``(D) to provide easy access to ocean, coastal, and 
                Great Lakes data and promote data sharing between 
                Federal and non-Federal sources and promote public data 
                sharing;
                    ``(E) to enable advances in scientific understanding 
                to support the sustainable use, conservation, 
                management, and understanding of healthy ocean, coastal, 
                and Great Lakes resources to ensure the Nation can 
                respond to opportunities to enhance food, economic, and 
                national security; and
                    ``(F) to monitor and model changes in the oceans and 
                Great Lakes, including with respect to chemistry, 
                harmful algal blooms, hypoxia, water levels, and other 
                phenomena;
            ``(2) to improve the Nation's capability to measure, track, 
        observe, understand, and predict events related directly and 
        indirectly to weather and climate, natural climate variability, 
        and interactions between the oceanic and atmospheric 
        environments, including the Great Lakes;
            ``(3) to sustain, upgrade, and modernize the Nation's ocean 
        and Great Lakes observing infrastructure to detect changes and 
        ensure delivery of reliable and timely information; and
            ``(4) to authorize activities--
                    ``(A) to promote basic and applied research to 
                develop, test, and deploy innovations and improvements 
                in coastal and ocean observation technologies, including 
                advanced observing technologies such as unmanned 
                maritime systems needed to address critical data gaps, 
                modeling systems, other scientific and technological 
                capabilities to improve the understanding of weather and 
                climate, ocean-atmosphere dynamics, global climate 
                change, and the physical, chemical, and biological 
                dynamics of the ocean, coastal, and Great Lakes 
                environments; and
                    ``(B) to conserve healthy and restore degraded 
                coastal ecosystems.''.

[[Page 134 STAT. 3333]]

SEC. 102. DEFINITIONS.

    Section 12303 of the Integrated Coastal and Ocean Observation System 
Act of 2009 (33 U.S.C. 3602) is amended--
            (1) in paragraph (2), by striking ``section 7902'' and 
        inserting ``section 8932'';
            (2) in paragraph (5), by striking ``integrated into the 
        System and are managed through States, regional organizations, 
        universities, nongovernmental organizations, or the private 
        sector'' and inserting ``managed through States, regional 
        organizations, universities, nongovernmental organizations, or 
        the private sector and integrated into the System by a regional 
        coastal observing system, the National Oceanic and Atmospheric 
        Administration, or the agencies participating in the Interagency 
        Ocean Observation Committee'';
            (3) by amending paragraph (6) to read as follows:
            ``(6) Regional coastal observing system.--The term `regional 
        coastal observing system' means an organizational body that is 
        certified or established by contract or memorandum by the lead 
        Federal agency designated in section 12304(c)(3) and coordinates 
        State, Federal, local, tribal, and private interests at a 
        regional level with the responsibility of engaging the private 
        and public sectors in designing, operating, and improving 
        regional coastal observing systems in order to ensure the 
        provision of data and information that meet the needs of user 
        groups from the respective regions.''; and
            (4) in paragraph (7), by striking ``National Oceanic and 
        Atmospheric Administration'' and inserting ``Administrator''.
SEC. 103. INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM.

    (a) System Elements.--
            (1) In general.--Section 12304(b) of the Integrated Coastal 
        and Ocean Observation System Act of 2009 (33 U.S.C. 3603(b)) is 
        amended by striking paragraph (1) and inserting the following:
            ``(1) In general.--In order to fulfill the purposes of this 
        subtitle, the System shall be national in scope and consist of--
                    ``(A) Federal assets to fulfill national and 
                international observation missions and priorities;
                    ``(B) non-Federal assets, including a network of 
                regional coastal observing systems identified under 
                subsection (c)(4), to fulfill regional and national 
                observation missions and priorities;
                    ``(C) <<NOTE: Reviews. Recommenda- tions.>>  
                observing, modeling, data management, and communication 
                systems for the timely integration and dissemination of 
                data and information products from the System, including 
                reviews of data collection procedures across regions and 
                programs to make recommendations for data collection 
                standards across the System to meet national ocean, 
                coastal, and Great Lakes observation, applied research, 
                and weather forecasting needs;
                    ``(D) a product development system to transform 
                observations into products in a format that may be 
                readily used and understood; and
                    ``(E) a research and development program conducted 
                under the guidance of the Council, consisting of--

[[Page 134 STAT. 3334]]

                          ``(i) basic and applied research and 
                      technology development--
                                    ``(I) to improve understanding of 
                                coastal and ocean systems and their 
                                relationships to human activities; and
                                    ``(II) to ensure improvement of 
                                operational assets and products, 
                                including related infrastructure, 
                                observing technologies such as unmanned 
                                maritime systems, and information and 
                                data processing and management 
                                technologies;
                          ``(ii) an advanced observing technology 
                      development program to fill gaps in technology;
                          ``(iii) large scale computing resources and 
                      research to advance modeling of ocean, coastal, 
                      and Great Lakes processes;
                          ``(iv) models to improve regional weather 
                      forecasting capabilities and regional weather 
                      forecasting products; and
                          ``(v) <<NOTE: Reviews. Recommenda- tions.>>  
                      reviews of data collection procedures across 
                      regions and programs to make recommendations for 
                      data collection standards across the System to 
                      meet national ocean, coastal, and Great Lakes 
                      observation, applied research, and weather 
                      forecasting needs.''.
            (2) Availability of data.--Section 12304(b)(3) of such Act 
        (33 U.S.C. 3603(b)(3)) is amended by inserting ``for research 
        and for use in the development of products to address societal 
        needs'' before the period at the end.

    (b) Policy Oversight, Administration, and Regional Coordination.--
Section 12304(c) of the Integrated Coastal and Ocean Observation System 
Act of 2009 (33 U.S.C. 3603(c)) is amended by striking paragraphs (2), 
(3), and (4), and inserting the following:
            ``(2) Interagency ocean observation committee.--
                    ``(A) Establishment.--The Council shall establish or 
                designate a committee, which shall be known as the 
                `Interagency Ocean Observation Committee'.
                    ``(B) Duties.--The Interagency Ocean Observation 
                Committee shall--
                          ``(i) prepare annual and long-term plans for 
                      consideration and approval by the Council for the 
                      integrated design, operation, maintenance, 
                      enhancement, and expansion of the System to meet 
                      the objectives of this subtitle and the System 
                      Plan;
                          ``(ii) develop and transmit to Congress, along 
                      with the budget submitted by the President to 
                      Congress pursuant to section 1105(a) of title 31, 
                      United States Code, an annual coordinated, 
                      comprehensive budget--
                                    ``(I) to operate all elements of the 
                                System identified in subsection (b); and
                                    ``(II) to ensure continuity of data 
                                streams from Federal and non-Federal 
                                assets;
                          ``(iii) establish requirements for observation 
                      data variables to be gathered by both Federal and 
                      non-Federal assets and identify, in consultation 
                      with regional coastal observing systems, 
                      priorities for System observations;

[[Page 134 STAT. 3335]]

                          ``(iv) establish and define protocols and 
                      standards for System data processing, management, 
                      collection, configuration standards, formats, and 
                      communication for new and existing assets 
                      throughout the System network;
                          ``(v) develop contract requirements for each 
                      regional coastal observing system--
                                    ``(I) to establish eligibility for 
                                integration into the System;
                                    ``(II) to ensure compliance with all 
                                applicable standards and protocols 
                                established by the Council; and
                                    ``(III) to ensure that regional 
                                observations are integrated into the 
                                System on a sustained basis;
                          ``(vi) identify gaps in observation coverage 
                      or needs for capital improvements of both Federal 
                      assets and non-Federal assets;
                          ``(vii) subject to the availability of 
                      appropriations, establish through 1 or more 
                      Federal agencies participating in the Interagency 
                      Ocean Observation Committee, in consultation with 
                      the System advisory committee established under 
                      subsection (d), a competitive matching grant or 
                      other programs--
                                    ``(I) to promote intramural and 
                                extramural research and development of 
                                new, innovative, and emerging 
                                observation technologies including 
                                testing and field trials; and
                                    ``(II) to facilitate the migration 
                                of new, innovative, and emerging 
                                scientific and technological advances 
                                from research and development to 
                                operational deployment;
                          ``(viii) periodically--
                                    ``(I) review the System Plan; and
                                    ``(II) submit to the Council such 
                                recommendations as the Interagency Ocean 
                                Observation Committee may have for 
                                improvements to the System Plan;
                          ``(ix) ensure collaboration among Federal 
                      agencies participating in the Interagency Ocean 
                      Observation Committee; and
                          ``(x) perform such additional duties as the 
                      Council may delegate.
            ``(3) Lead federal agency.--
                    ``(A) In general.--The National Oceanic and 
                Atmospheric Administration shall function as the lead 
                Federal agency for the implementation and administration 
                of the System.
                    ``(B) Consultation required.--In carrying out this 
                paragraph, the Administrator shall consult with the 
                Council, the Interagency Ocean Observation Committee, 
                other Federal agencies that maintain portions of the 
                System, and the regional coastal observing systems.
                    ``(C) Requirements.--In carrying out this paragraph, 
                the Administrator shall--
                          ``(i) establish and operate an Integrated 
                      Ocean Observing System Program Office within the 
                      National Oceanic and Atmospheric Administration 
                      that--

[[Page 134 STAT. 3336]]

                                    ``(I) utilizes, to the extent 
                                necessary, personnel from Federal 
                                agencies participating in the 
                                Interagency Ocean Observation Committee; 
                                and
                                    ``(II) oversees daily operations and 
                                coordination of the System;
                          ``(ii) implement policies, protocols, and 
                      standards approved by the Council and delegated by 
                      the Interagency Ocean Observation Committee;
                          ``(iii) <<NOTE: Guidelines.>>  promulgate 
                      program guidelines--
                                    ``(I) <<NOTE: Certification.>>  to 
                                certify and integrate regional 
                                associations into the System; and
                                    ``(II) to provide regional coastal 
                                and ocean observation data that meet the 
                                needs of user groups from the respective 
                                regions;
                          ``(iv) have the authority to enter into and 
                      oversee contracts, leases, grants, or cooperative 
                      agreements with non-Federal assets, including 
                      regional coastal observing systems, to support the 
                      purposes of this subtitle on such terms as the 
                      Administrator deems appropriate;
                          ``(v) implement and maintain a merit-based, 
                      competitive funding process to support non-Federal 
                      assets, including the development and maintenance 
                      of a national network of regional coastal 
                      observing systems, and develop and implement a 
                      process for the periodic review and evaluation of 
                      the regional associations;
                          ``(vi) provide opportunities for competitive 
                      contracts and grants for demonstration projects to 
                      design, develop, integrate, deploy, maintain, and 
                      support components of the System;
                          ``(vii) <<NOTE: Procedures.>>  establish and 
                      maintain efficient and effective administrative 
                      procedures for the timely allocation of funds 
                      among contractors, grantees, and non-Federal 
                      assets, including regional coastal observing 
                      systems;
                          ``(viii) <<NOTE: Review. Evaluation.>>  
                      develop and implement a process for the periodic 
                      review and evaluation of the regional coastal 
                      observing systems;
                          ``(ix) formulate an annual process by which 
                      gaps in observation coverage or needs for capital 
                      improvements of Federal assets and non-Federal 
                      assets of the System are--
                                    ``(I) identified by the regional 
                                associations described in the System 
                                Plan, the Administrator, or other 
                                members of the System; and
                                    ``(II) submitted to the Interagency 
                                Ocean Observation Committee;
                          ``(x) develop and be responsible for a data 
                      management and communication system, in accordance 
                      with standards and protocols established by the 
                      Interagency Ocean Observation Committee, by which 
                      all data collected by the System regarding ocean 
                      and coastal waters of the United States including 
                      the Great Lakes, are processed, stored, 
                      integrated, and made available to all end-user 
                      communities;

[[Page 134 STAT. 3337]]

                          ``(xi) <<NOTE: Reports.>>  not less frequently 
                      than once each year, submit to the Interagency 
                      Ocean Observation Committee a report on the 
                      accomplishments, operational needs, and 
                      performance of the System to contribute to the 
                      annual and long-term plans prepared pursuant to 
                      paragraph (2)(B)(i);
                          ``(xii) <<NOTE: Update. Plan.>>  develop and 
                      periodically update a plan to efficiently 
                      integrate into the System new, innovative, or 
                      emerging technologies that have been demonstrated 
                      to be useful to the System and which will fulfill 
                      the purposes of this subtitle and the System Plan; 
                      and
                          ``(xiii) work with users and regional 
                      associations to develop products to enable real-
                      time data sharing for decision makers, including 
                      with respect to weather forecasting and modeling, 
                      search and rescue operations, corrosive seawater 
                      forecasts, water quality monitoring and 
                      communication, and harmful algal bloom 
                      forecasting.
            ``(4) Regional coastal observing systems.--
                    ``(A) In general.--A regional coastal observing 
                system described in the System Plan as a regional 
                association may not be certified or established under 
                this subtitle unless it--
                          ``(i) has been or shall be certified or 
                      established by contract or agreement by the 
                      Administrator;
                          ``(ii) meets--
                                    ``(I) the certification standards 
                                and compliance procedure guidelines 
                                issued by the Administrator; and
                                    ``(II) the information needs of user 
                                groups in the region while adhering to 
                                national standards;
                          ``(iii) demonstrates an organizational 
                      structure, that under funding limitations is 
                      capable of--
                                    ``(I) gathering required System 
                                observation data;
                                    ``(II) supporting and integrating 
                                all aspects of coastal and ocean 
                                observing and information programs 
                                within a region; and
                                    ``(III) reflecting the needs of 
                                State, local, and tribal governments, 
                                commercial interests, and other users 
                                and beneficiaries of the System and 
                                other requirements specified under this 
                                subtitle and the System Plan;
                          ``(iv) identifies--
                                    ``(I) gaps in observation coverage 
                                needs for capital improvements of 
                                Federal assets and non-Federal assets of 
                                the System; and
                                    ``(II) <<NOTE: Recommenda- tions.>>  
                                other recommendations to assist in the 
                                development of the annual and long-term 
                                plans prepared pursuant to paragraph 
                                (2)(B)(i) and transmits such information 
                                to the Interagency Ocean Observation 
                                Committee through the Program Office 
                                established under paragraph (3)(C)(i);
                          ``(v) <<NOTE: Strategic plan.>>  develops and 
                      operates under a strategic plan that will ensure 
                      the efficient and effective administration of 
                      programs and assets to support daily data

[[Page 134 STAT. 3338]]

                      observations for integration into the System, 
                      pursuant to the standards approved by the Council;
                          ``(vi) works cooperatively with governmental 
                      and nongovernmental entities at all levels to 
                      identify and provide information products of the 
                      System for multiple users within the service area 
                      of the regional coastal observing system; and
                          ``(vii) <<NOTE: Compliance.>>  complies with 
                      all financial oversight requirements established 
                      by the Administrator, including requirements 
                      relating to audits.
                    ``(B) Participation.--For the purposes of this 
                subtitle, employees of Federal agencies are permitted to 
                be members of the governing body for the regional 
                coastal observing systems and may participate in the 
                functions of the regional coastal observing systems.''.

    (c) System Advisory Committee.--Section 12304(d) of the Integrated 
Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603(d)) is 
amended--
            (1) in paragraph (1), by striking ``or the Interagency Ocean 
        Observing Committee.'' and inserting ``or the Council under this 
        subtitle''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by inserting ``, data 
                sharing,'' after ``data management'';
                    (B) in subparagraph (C), by striking ``and'' at the 
                end;
                    (C) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) additional priorities, including--
                          ``(i) a national surface current mapping 
                      network designed to improve fine scale sea surface 
                      mapping using high frequency radar technology and 
                      other emerging technologies to address national 
                      priorities, including Coast Guard search and 
                      rescue operation planning and harmful algal bloom 
                      forecasting and detection that--
                                    ``(I) is comprised of existing high 
                                frequency radar and other sea surface 
                                current mapping infrastructure operated 
                                by national programs and regional 
                                coastal observing systems;
                                    ``(II) incorporates new high 
                                frequency radar assets or other fine 
                                scale sea surface mapping technology 
                                assets, and other assets needed to fill 
                                gaps in coverage on United States 
                                coastlines; and
                                    ``(III) follows a deployment plan 
                                that prioritizes closing gaps in high 
                                frequency radar infrastructure in the 
                                United States, starting with areas 
                                demonstrating significant sea surface 
                                current data needs, especially in areas 
                                where additional data will improve Coast 
                                Guard search and rescue models;
                          ``(ii) fleet acquisition for unmanned maritime 
                      systems for deployment and data integration to 
                      fulfill the purposes of this subtitle;
                          ``(iii) an integrative survey program for 
                      application of unmanned maritime systems to the 
                      real-time or near real-time collection and 
                      transmission of sea floor,

[[Page 134 STAT. 3339]]

                      water column, and sea surface data on biology, 
                      chemistry, geology, physics, and hydrography;
                          ``(iv) remote sensing and data assimilation to 
                      develop new analytical methodologies to assimilate 
                      data from the System into hydrodynamic models;
                          ``(v) integrated, multi-State monitoring to 
                      assess sources, movement, and fate of sediments in 
                      coastal regions;
                          ``(vi) a multi-region marine sound monitoring 
                      system to be--
                                    ``(I) <<NOTE: Consultation.>>  
                                planned in consultation with the 
                                Interagency Ocean Observation Committee, 
                                the National Oceanic and Atmospheric 
                                Administration, the Department of the 
                                Navy, and academic research 
                                institutions; and
                                    ``(II) developed, installed, and 
                                operated in coordination with the 
                                National Oceanic and Atmospheric 
                                Administration, the Department of the 
                                Navy, and academic research 
                                institutions; and
                    ``(E) any other purpose identified by the 
                Administrator or the Council.'';
                    (D) in paragraph (3)(B), by inserting ``The 
                Administrator may stagger the terms of the System 
                advisory committee members.'' before ``Members''; and
                    (E) in paragraph (4)--
                          (i) in subparagraph (A), by striking ``and the 
                      Interagency Ocean Observing Committee''; and
                          (ii) in subparagraph (C), by striking 
                      ``Observing'' and inserting ``Observation''.

    (d) Civil Liability.--Section 12304(e) of the Integrated Coastal and 
Ocean Observation System Act of 2009 (33 U.S.C. 3603(e)) is amended--
            (1) by striking ``information coordination entity'' each 
        place it appears and inserting ``coastal observing system''; and
            (2) by striking ``contract, lease, grant, or cooperative 
        agreement under subsection (c)(3)(D)'' and inserting ``a 
        memorandum of agreement of certification under subsection 
        (c)(3)(C)(iii)''.

    (e) Conforming Amendments.--The Integrated Coastal and Ocean 
Observation System Act of 2009 (33 U.S.C. 3601 et seq.) is amended by 
striking ``regional information coordination entities'' each place it 
appears and inserting ``regional coastal observing systems''.
SEC. 104. FINANCING AND AGREEMENTS.

    Section 12305(a) of the Integrated Coastal and Ocean Observation 
System Act of 2009 (33 U.S.C. 3604(a)) is amended to read as follows:
    ``(a) In General.--The Secretary of Commerce may execute an 
agreement, on a reimbursable or nonreimbursable basis, with any State or 
subdivision thereof, any Federal agency, any public or private 
organization, or any individual to carry out activities under this 
subtitle.''.
SEC. 105. REPORTS TO CONGRESS.

    Section 12307 of the Integrated Coastal and Ocean Observation System 
Act of 2009 (33 U.S.C. 3606) is amended to read as follows:

[[Page 134 STAT. 3340]]

``SEC. 12307. REPORT TO CONGRESS.

    ``(a) <<NOTE: Time period. President.>>  Requirement.--Not later 
than March 30, 2022, and every 5 years thereafter, the Administrator 
shall prepare, and the President acting through the Council shall 
approve and transmit to Congress, a report on progress made in 
implementing this subtitle.

    ``(b) Contents.--Each report required under subsection (a) shall 
include--
            ``(1) a description of activities carried out under this 
        subtitle and the System Plan;
            ``(2) <<NOTE: Evaluation.>>  an evaluation of the 
        effectiveness of the System, including an evaluation of progress 
        made by the Council to achieve the goals identified under the 
        System Plan;
            ``(3) <<NOTE: Determination.>>  the identification of 
        Federal and non-Federal assets as determined by the Council that 
        have been integrated into the System, including assets essential 
        to the gathering of required observation data variables 
        necessary to meet the respective missions of Council agencies;
            ``(4) <<NOTE: Review.>>  a review of procurements, planned 
        or initiated, by each department or agency represented on the 
        Council to enhance, expand, or modernize the observation 
        capabilities and data products provided by the System, including 
        data management and communication subsystems;
            ``(5) <<NOTE: Summary.>>  a summary of the existing gaps in 
        observation infrastructure and monitoring data collection, 
        including--
                    ``(A) priorities considered by the System advisory 
                committee;
                    ``(B) the national sea surface current mapping 
                network;
                    ``(C) coastal buoys;
                    ``(D) ocean chemistry monitoring;
                    ``(E) marine sound monitoring; and
                    ``(F) unmanned maritime systems technology gaps;
            ``(6) <<NOTE: Assessment. Coordination.>>  an assessment 
        regarding activities to integrate Federal and non-Federal 
        assets, nationally and on the regional level, and discussion of 
        the performance and effectiveness of regional coastal observing 
        systems to coordinate regional observation operations;
            ``(7) a description of benefits of the program to users of 
        data products resulting from the System (including the general 
        public, industries, scientists, resource managers, emergency 
        responders, policy makers, and educators);
            ``(8) <<NOTE: Recommenda- tions.>>  recommendations, if any, 
        concerning--
                    ``(A) modifications to the System; and
                    ``(B) funding levels for the System in subsequent 
                fiscal years; and
            ``(9) the results of a periodic external independent 
        programmatic audit of the System.''.
SEC. 106. PUBLIC-PRIVATE USE POLICY.

    Section 12308 of the Integrated Coastal and Ocean Observation System 
Act of 2009 (33 U.S.C. 3607) is amended to read as follows:
``SEC. 12308. PUBLIC-PRIVATE USE POLICY.

    ``The Council shall maintain a policy that defines processes for 
making decisions about the roles of the Federal Government, the States, 
regional coastal observing systems, the academic community, and the 
private sector in providing to end-user communities environmental 
information, products, technologies, and services

[[Page 134 STAT. 3341]]

related to the System. The Administrator shall ensure that the National 
Oceanic and Atmospheric Administration adheres to the decision making 
process developed by the Council regarding the roles of the Federal 
Government, the States, the regional coastal observing systems, the 
academic community, and the private sector in providing end-user 
communities environmental information, data products, technologies, and 
services related to the System.''.
SEC. 107. REPEAL OF INDEPENDENT COST ESTIMATE.

    (a) In General.--The Integrated Coastal and Ocean Observation System 
Act of 2009 (33 U.S.C. 3601 et seq.) is amended by striking section 
12309 (33 U.S.C. 3608).
    (b) Table of Contents Amendment.--The table of contents in section 
1(b) of the Omnibus Public Land Management Act of 2009 (Public Law 111-
11; 123 Stat. 991) is amended by striking the item related to section 
12309.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    Section 12311 of the Integrated Coastal and Ocean Observation System 
Act of 2009 (33 U.S.C. 3610) is amended to read as follows:
``SEC. 12311. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary of 
Commerce to support the integrated oceans observations under this 
subtitle--
            ``(1) $48,000,000 for fiscal year 2021;
            ``(2) $50,000,000 for fiscal year 2022;
            ``(3) $52,000,000 for fiscal year 2023;
            ``(4) $54,000,000 for fiscal year 2024; and
            ``(5) $56,000,000 for fiscal year 2025.''.
SEC. 109. REPORTS AND RESEARCH PLANS.

    Section 12404(c) of the Federal Ocean Acidification Research And 
Monitoring Act of 2009 (33 U.S.C. 3703(c)) is amended by adding at the 
end the following:
            ``(4) Economic vulnerability report.--
                    ``(A) <<NOTE: Time period.>>  In general.--Not later 
                than 2 years after the date of the enactment of the 
                Coordinated Ocean Observations and Research Act of 2020, 
                and every 6 years thereafter, the Subcommittee shall 
                transmit to the appropriate committees of Congress a 
                report that--
                          ``(i) is named the `Ocean Chemistry Coastal 
                      Community Vulnerability Assessment';
                          ``(ii) identifies gaps in ocean acidification 
                      monitoring by public, academic, and private assets 
                      in the network of regional coastal observing 
                      systems;
                          ``(iii) identifies geographic areas which have 
                      gaps in ocean acidification research;
                          ``(iv) identifies United States coastal 
                      communities, including island communities, fishing 
                      communities, low-population rural communities, 
                      tribal and subsistence communities, and island 
                      communities, that may be impacted by ocean 
                      acidification;
                          ``(v) identifies impacts of changing ocean 
                      carbonate chemistry on the communities described 
                      in clause (iv), including impacts from changes in 
                      ocean and coastal marine resources that are not 
                      managed by the Federal Government;

[[Page 134 STAT. 3342]]

                          ``(vi) identifies gaps in understanding of the 
                      impacts of ocean acidification on economically or 
                      commercially important species, particularly those 
                      which support United States commercial, 
                      recreational, and tribal fisheries and 
                      aquaculture;
                          ``(vii) identifies habitats that may be 
                      particularly vulnerable to corrosive sea water, 
                      including areas experiencing multiple stressors 
                      such as hypoxia, sedimentation, and harmful algal 
                      blooms;
                          ``(viii) identifies areas in which existing 
                      National Integrated Coastal and Ocean Observation 
                      System assets, including unmanned maritime 
                      systems, may be leveraged as platforms for the 
                      deployment of new sensors or other applicable 
                      observing technologies;
                          ``(ix) is written in collaboration with 
                      Federal agencies responsible for carrying out this 
                      subtitle, including representatives of--
                                    ``(I) the National Marine Fisheries 
                                Service and the Office for Coastal 
                                Management of the National Oceanic and 
                                Atmospheric Administration;
                                    ``(II) regional coastal observing 
                                systems established under section 
                                12304(c)(4);
                                    ``(III) regional ocean acidification 
                                networks; and
                                    ``(IV) sea grant programs (as 
                                defined in section 203 of the National 
                                Sea Grant College Program Act (33 U.S.C. 
                                1122)); and
                          ``(x) <<NOTE: Consultation.>>  is written in 
                      consultation with experts, including subsistence 
                      users, academia, and stakeholders familiar with 
                      the economic, social, ecological, geographic, and 
                      resource concerns of coastal communities in the 
                      United States.
                    ``(B) Form of report.--
                          ``(i) Initial report.--The initial report 
                      required under subparagraph (A) shall include the 
                      information described in clauses (i) through 
                      (viii) of that subparagraph on a national level.
                          ``(ii) Subsequent reports.--Each report 
                      required under subparagraph (A) after the initial 
                      report--
                                    ``(I) may describe the information 
                                described in clauses (i) through (viii) 
                                of that subparagraph on a national 
                                level; or
                                    ``(II) may consist of separate 
                                reports for each region of the National 
                                Oceanic and Atmospheric Administration.
                          ``(iii) Regional reports.--If the Subcommittee 
                      opts to prepare a report required under 
                      subparagraph (A) as separate regional reports 
                      under clause (ii)(II), the Subcommittee shall 
                      submit a report for each region of the National 
                      Oceanic and Atmospheric Administration not less 
                      frequently than once during each 6-year reporting 
                      period.
                    ``(C) Appropriate committees of congress defined.--
                In this paragraph and in paragraph (5), the term 
                `appropriate committees of Congress' means the Committee 
                on Commerce, Science, and Transportation of the Senate, 
                the Committee on Science, Space, and Technology

[[Page 134 STAT. 3343]]

                of the House of Representatives, and the Committee on 
                Natural Resources of the House of Representatives.
            ``(5) Monitoring prioritization plan.--Not later than 180 
        days after the date of the submission of the initial report 
        under paragraph (4)(A), the Subcommittee shall transmit to the 
        appropriate committees of Congress a report that develops a plan 
        to deploy new sensors or other applicable observing technologies 
        such as unmanned maritime systems--
                    ``(A) based on such initial report;
                    ``(B) prioritized by--
                          ``(i) the threat to coastal economies and 
                      ecosystems;
                          ``(ii) gaps in data; and
                          ``(iii) research needs; and
                    ``(C) that leverage existing platforms, where 
                possible.''.
SEC. 110. STRATEGIC RESEARCH PLAN.

    (a) Contents.--Section 12405(b) of the Federal Ocean Acidification 
Research And Monitoring Act of 2009 (33 U.S.C. 3704(b)) is amended--
            (1) in paragraph (8), by striking ``and'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(10) <<NOTE: Recommenda- tions.>>  make recommendations 
        for research to be conducted, including in the social sciences 
        and economics, to address the key knowledge gaps identified in 
        the Ocean Chemistry Coastal Community Vulnerability Assessment 
        conducted under section 12404(c)(4).''.

    (b) Program Elements.--Section 12405(c) of the Federal Ocean 
Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704(c)) is 
amended by adding at the end the following:
            ``(6) Research to understand the combined impact of changes 
        in ocean chemistry and other stressors, including sediment 
        delivery, hypoxia, and harmful algal blooms, on each other and 
        on living marine resources, including aquaculture and coastal 
        ecosystems.
            ``(7) Applied research to identify adaptation strategies for 
        species impacted by changes in ocean chemistry including 
        vegetation-based systems, shell recycling, species and genetic 
        diversity, applied technologies, aquaculture methodologies, and 
        management recommendations.''.

    (c) Participation.--Section 12405(e) of the Federal Ocean 
Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704(e)) is 
amended in the first sentence by inserting ``, tribal governments, and 
subsistence users'' after ``groups''.
    (d) <<NOTE: Deadline. 33 USC 3704 note.>>  Revised Strategic 
Research Plan.--Not later than one year after the date of the enactment 
of this Act, the Joint Subcommittee on Ocean Science and Technology of 
the National Science and Technology Council shall submit to Congress a 
revised strategic research plan under section 12405 of the Federal Ocean 
Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704) that 
includes the matters required by the amendments made by this section.
SEC. 111. STAKEHOLDER INPUT ON MONITORING.

    Section 12406(a) of the Federal Ocean Acidification Research And 
Monitoring Act of 2009 (33 U.S.C. 3705(a)) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;

[[Page 134 STAT. 3344]]

            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) includes an ongoing mechanism that allows industry 
        members, coastal stakeholders, fishery management councils and 
        commissions, non-Federal resource managers, community 
        acidification networks, indigenous knowledge groups, and 
        scientific experts to provide input on monitoring needs that are 
        necessary to support on the ground management, decision making, 
        and adaptation related to ocean acidification and its 
        impacts.''.
SEC. 112. RESEARCH ACTIVITIES.

    Section 12407(a) of the Federal Ocean Acidification Research And 
Monitoring Act of 2009 (33 U.S.C. 3706(a)) is amended to read as 
follows:
    ``(a) Research Activities.--The Director of the National Science 
Foundation shall continue to carry out research activities on ocean 
acidification which shall support competitive, merit-based, peer-
reviewed proposals for research, observation, and monitoring of ocean 
acidification and its impacts, including--
            ``(1) impacts on marine organisms, including species 
        cultured for aquaculture, and marine ecosystems;
            ``(2) impacts on ocean, coastal, and estuarine 
        biogeochemistry;
            ``(3) the development of methodologies and technologies to 
        evaluate ocean acidification and its impacts; and
            ``(4) impacts of multiple stressors on ecosystems exhibiting 
        hypoxia, harmful algal blooms, or sediment delivery, combined 
        with changes in ocean chemistry.''.

      TITLE II--NAMED STORM EVENT MODEL AND POST-STORM ASSESSMENTS

SEC. 201. NAMED STORM EVENT MODEL AND POST-STORM ASSESSMENTS.

    (a) Amendments to the Omnibus Public Land Management Act of 2009.--
Section 12312 of the Omnibus Public Land Management Act of 2009 (33 
U.S.C. 3611) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking the period at the 
                end and inserting the following: ``, except that the 
                term shall not apply with respect to a State or 
                territory that has an operational wind and flood loss 
                allocation system.'';
                    (B) in paragraph (6), by inserting ``sustained'' 
                before ``winds''; and
                    (C) in paragraph (7), by striking ``that threaten 
                any portion of a coastal State'' and inserting ``for 
                which post-storm assessments are conducted'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (A)--
                                    (I) by striking ``540 days after the 
                                date of the enactment of the Consumer 
                                Option for an

[[Page 134 STAT. 3345]]

                                Alternative System to Allocate Losses 
                                Act of 2012'' and inserting ``December 
                                31, 2020''; and
                                    (II) by striking ``by regulation'';
                          (ii) in subparagraph (B), by striking 
                      ``every'' and inserting ``an''; and
                          (iii) by adding at the end the following:
                    ``(C) Public review.--The Administrator shall seek 
                input and suggestions from the public before the Named 
                Storm Event Model, or any modification to the Named 
                Storm Event Model, takes effect.''; and
                    (B) in paragraph (2)--
                          (i) by redesignating subparagraphs (B) and (C) 
                      as subparagraphs (D) and (E), respectively;
                          (ii) by inserting after subparagraph (A) the 
                      following:
                    ``(B) Data collection.--
                          ``(i) <<NOTE: Determination.>>  In general.--
                      Upon identification of a named storm under 
                      subparagraph (A), and pursuant to the protocol 
                      established under subsection (c), the 
                      Administrator may deploy sensors to enhance the 
                      collection of covered data in the areas in coastal 
                      States that the Administrator determines are at 
                      the highest risk of experiencing geophysical 
                      events that would cause indeterminate losses.
                          ``(ii) Rule of construction.--If the 
                      Administrator takes action under clause (i), that 
                      action may not be construed as indicating that a 
                      post-storm assessment will be developed for any 
                      coastal State in which that action is taken.
                    ``(C) <<NOTE: Deadline. Notification.>>  
                Identification of indeterminate losses in coastal 
                states.--Not later than 30 days after the first date on 
                which sustained winds of not less than 39 miles per hour 
                are measured in a coastal State during a named storm 
                identified under subparagraph (A), the Secretary of 
                Homeland Security shall notify the Administrator with 
                respect to the existence of any indeterminate losses in 
                that coastal State resulting from that named storm.'';
                          (iii) in subparagraph (D), as so 
                      redesignated--
                                    (I) by striking ``identification of 
                                a named storm under subparagraph (A)'' 
                                and inserting ``confirmation of 
                                indeterminate losses identified under 
                                subparagraph (C) with respect to a named 
                                storm''; and
                                    (II) by striking ``assessment for 
                                such named storm'' and inserting 
                                ``assessment for each coastal State that 
                                suffered such indeterminate losses as a 
                                result of the named storm'';
                          (iv) in subparagraph (E), as so redesignated--
                                    (I) by striking ``an identification 
                                of a named storm is made under 
                                subparagraph (A)'' and inserting ``any 
                                indeterminate losses are identified 
                                under subparagraph (C)''; and
                                    (II) by striking ``for such storm 
                                under subparagraph (B)'' and inserting 
                                ``under subparagraph (D) for any coastal 
                                State that suffered such indeterminate 
                                losses''; and
                          (v) by adding at the end the following:

[[Page 134 STAT. 3346]]

                    ``(F) Separate post-storm assessments for a single 
                named storm.--
                          ``(i) In general.--The Administrator may 
                      conduct a separate post-storm assessment for each 
                      coastal State in which indeterminate losses are 
                      identified under subparagraph (C).
                          ``(ii) Timeline.--If the Administrator 
                      conducts a separate post-storm assessment under 
                      clause (i), the Administrator shall complete the 
                      assessment based on the dates of actions that the 
                      Administrator takes under subparagraph (D).''; and
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``540 days after 
                the date of the enactment of the Consumer Option for an 
                Alternative System to Allocate Losses Act of 2012'' and 
                inserting ``December 31, 2020'';
                    (B) in paragraph (2), by inserting ``, in the 
                discretion of the Administrator,'' after ``of sensors as 
                may''; and
                    (C) in paragraph (4)(B), by inserting ``and expend'' 
                after ``receive''.

    (b) Amendments to the National Flood Insurance Act of 1968.--Section 
1337 of the National Flood Insurance Act of 1968 (42 U.S.C. 4057) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by striking the period at the 
                end and inserting the following: ``, except that the 
                term shall not apply with respect to a State or 
                territory that has an operational wind and flood loss 
                allocation system.''; and
                    (B) in paragraph (5), by inserting ``sustained'' 
                after ``maximum'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``establish by 
                rule'' and inserting ``publish for comment in the 
                Federal Register''; and
                    (B) <<NOTE: Determination.>>  in paragraph (2)(B), 
                by inserting after ``Elevation Certificate'' the 
                following: ``, or other data or information used to 
                determine a property's current risk of flood, as 
                determined by the Administrator,'';
            (3) <<NOTE: Federal Register, publication.>>  in subsection 
        (c)(3)(A)(i), by striking ``the issuance of the rule 
        establishing the COASTAL Formula'' and inserting ``publication 
        of the COASTAL Formula in the Federal Register as required by 
        subsection (b)(1)'';
            (4) in subsection (d), by striking ``section 
        12312(b)(2)(C)'' and inserting ``section 12312(b)(2)(E)'';
            (5) in subsection (h)--
                    (A) by inserting ``that issues a standard flood 
                insurance policy under the national flood insurance 
                program'' after ``company''; and
                    (B) by striking ``or the COASTAL Formula'' and 
                inserting ``, the COASTAL Formula, or any other loss 
                allocation or post-storm assessment arising under the 
                laws or ordinances of any State'';
            (6) <<NOTE: Deadline. Federal Register, publication.>>  in 
        subsection (i), by striking ``after the date on which the 
        Administrator issues the rule establishing the COASTAL Formula 
        under subsection (b)'' and inserting ``60 days after

[[Page 134 STAT. 3347]]

        publication of the COASTAL Formula in the Federal Register as 
        required by subsection (b)(1)''; and
            (7) by adding at the end the following:

    ``(k) Rule of Construction.--Nothing in this section shall be 
construed to create a cause of action under this Act.''.

               TITLE III--WATER PREDICTION AND FORECASTING

SEC. 301. <<NOTE: 42 USC 10371.>>  WATER PREDICTION AND 
                        FORECASTING.

    (a) National Water Center.--
            (1) Establishment.--
                    (A) In general.--The Under Secretary of Commerce for 
                Oceans and Atmosphere shall establish a center--
                          (i) to serve as the research and operational 
                      center of excellence for hydrologic analyses, 
                      forecasting, and related decision support services 
                      within the National Oceanic and Atmospheric 
                      Administration and the National Weather Service; 
                      and
                          (ii) to facilitate collaboration across 
                      Federal and State departments and agencies, 
                      academia, and the private sector on matters 
                      relating to water resources.
                    (B) Designation.--The center established under 
                subparagraph (A) shall be known as the ``National Water 
                Center''.
            (2) Functions.--The functions of the National Water Center 
        shall include the following:
                    (A) Improving understanding of water resources, 
                stakeholder needs regarding water resources, and 
                identifying science and services gaps relating to water 
                resources.
                    (B) Developing and implementing advanced water 
                resources modeling capabilities.
                    (C) Facilitating the transition of hydrologic 
                research into operations.
                    (D) Delivering analyses, forecasts, and inundation 
                information and guidance for all hydrologic events in 
                the United States, including flash flooding, riverine 
                flooding, and water resources outlooks.
                    (E) <<NOTE: Coordination.>>  In coordination with 
                warning coordination meteorologists, providing decision-
                support services to inform emergency management and 
                water resources decisions.

    (b) National Instructions.--
            (1) <<NOTE: Deadline. Public information.>>  In general.--
        Not later than one year after the date of the enactment of this 
        Act, the Under Secretary, acting through the Director of the 
        National Weather Service, shall make public an operations and 
        services policy directive for the National Water Center.
            (2) Contents.--The directive required by paragraph (1) shall 
        include national instructions to perform the functions of the 
        National Water Center, including the following:
                    (A) Operational staff responsibilities.
                    (B) <<NOTE: Guidelines.>>  Guidelines for content, 
                format, and provision of hydrologic and inundation 
                products developed by the National Water Center.
                    (C) <<NOTE: Procedures.>>  Procedures for 
                cooperation and coordination between the National Water 
                Center, the National Weather

[[Page 134 STAT. 3348]]

                Service National Centers for Environmental Prediction, 
                National Weather Service River Forecast Centers, and 
                National Weather Service Weather Forecast Offices.

    (c) Total Water Prediction.--The Under Secretary, acting through the 
Director of the Office of Water Prediction of the National Weather 
Service, shall--
            (1) initiate and lead research and development activities to 
        develop operational water resource prediction and related 
        decision support products;
            (2) collaborate with, and provide decision support regarding 
        total water prediction to--
                    (A) the relevant Federal agencies represented on the 
                National Science and Technology Council, Committee on 
                Environment, Natural Resources, and Sustainability and 
                the Subcommittee on Disaster Reduction;
                    (B) State water resource agencies; and
                    (C) State and local emergency management agencies; 
                and
            (3) in carrying out the responsibilities described in 
        paragraphs (1) and (2), collaboratively develop capabilities 
        necessary for total water predictive capacity, including 
        observations, modeling, data management, supercomputing, social 
        science, and communications.

    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the activities under this section amounts as 
follows:
            (1) $44,500,000 for fiscal year 2021.
            (2) $45,000,000 for fiscal year 2022.
            (3) $45,500,000 for fiscal year 2023.
            (4) $46,000,000 for fiscal year 2024.

    (e) Derivation of Funds.--Funds to carry out this section shall be 
derived from amounts authorized to be appropriated to the National 
Weather Service and the National Ocean Service that are enacted after 
the date of the enactment of this Act.

    Approved December 31, 2020.

LEGISLATIVE HISTORY--S. 914:
---------------------------------------------------------------------------

SENATE REPORTS: No. 116-168 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD, Vol. 166 (2020):
            July 30, considered and passed Senate.
            Dec. 3, considered and passed House, amended.
            Dec. 16, Senate concurred in House amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
            Dec. 31, Presidential statement.

                                  <all>