[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5001 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5001

To establish a pilot program to develop a comprehensive system of ocean 
  and coastal observations for the Nation's oceans, coasts, and Great 
  Lakes, including enhanced security at United States ports, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2004

Mr. Weldon of Pennsylvania (for himself, Mr. Allen, and Mr. Greenwood) 
 introduced the following bill; which was referred to the Committee on 
Resources, and in addition to the Committee on Science, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To establish a pilot program to develop a comprehensive system of ocean 
  and coastal observations for the Nation's oceans, coasts, and Great 
  Lakes, including enhanced security at United States ports, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ocean and Coastal Observation 
Systems Act of 2004''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The 95,000-mile coastline of the United States is vital 
        to the Nation's homeland security, transportation, trade, 
        environmental and human health, recreation and tourism, food 
        production, scientific research and education, historical and 
        cultural heritage, and energy production.
            (2) More than half of the Nation's population lives and 
        works in coastal communities that together make up 11 percent 
        of its land and its most ecologically and economically 
        important regions. These regions support approximately 190 
        seaports, contain most of the Nation's largest cities, and 
        provide access to coastal waters rich in natural resources.
            (3) The Nation's coastal waters and Great Lakes provide 
        tremendous value to the Nation's economy. The Nation's ports 
        handle goods valued at more than $700,000,000,000 annually and 
        nearly half of the goods, including energy products, contain 
        hazardous materials; the value of the fishing industry exceeds 
        $28,000,000,000 annually; the value of the recreational fishing 
        industry is estimated at $20,000,000,000 annually; and the 
        value of the offshore oil and gas industry is between 
        $25,000,000,000 and $40,000,000,000 annually.
            (4) The rich biodiversity of marine organisms provides 
        society with essential food resources, a promising source of 
        marine products with commercial and medical potential, and an 
        important contribution to the national economy.
            (5) The oceans and the Great Lakes drive climate and 
        weather factors causing severe weather events and threatening 
        the health of coastal ecosystems and communities by creating or 
        affecting both natural and manmade coastal hazards such as 
        hurricanes, tsunamis, erosion, oil spills, harmful algal 
        blooms, and pollution, which can each pose threats to human 
        health and safety.
            (6) Each year, the Coast Guard relies on ocean information 
        to save 4,380 people, conducts over 65,000 rescue missions, and 
        carries out more than 11,680 environmental cleanups and 
        responses to pollution.
            (7) Safeguarding homeland security requires improved 
        monitoring of the Nation's ports and coastline, including the 
        ability to track vessels and to provide rapid response teams 
        with real-time environmental conditions necessary for their 
        work.
            (8) Advances in sensing technologies and scientific 
        understanding have made possible long-term and continuous 
        observation from shore, space, and in situ of ocean and coastal 
        characteristics and conditions.
            (9) Many elements of an ocean and coastal observing system 
        are in place but require Federal investment to consolidate, 
        complete, sustain, and integrate.
            (10) National investment in a sustained and integrated 
        ocean and coastal observing system and in coordinated programs 
        of research would assist the Nation and the world in 
        understanding the oceans and the global climate system, 
        strengthen homeland security, improve weather and climate 
        forecasts, strengthen management of marine resources, improve 
        the safety and efficiency of maritime operations, and mitigate 
        coastal hazards.
    (b) Purposes.--The purposes of this Act are to provide for--
            (1) the development of an integrated ocean observing system 
        that provides the data and information required to ensure 
        national security and the quality of life, sustains economic 
        development, sustains and restores healthy marine ecosystems 
        and the resources they support, enables advances in scientific 
        understanding of the oceans, and strengthens science education 
        and communication;
            (2) implementation of a research and development program to 
        better understand the oceans and achieve the goals of an 
        integrated ocean observing system;
            (3) implementation of a data and information management 
        system required by all components of an integrated ocean and 
        coastal observing system and related research; and
            (4) establishment of a system of regional ocean and coastal 
        observing systems to address local needs for ocean information.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Council.--The term ``Council'' means the National Ocean 
        Research Leadership Council established under section 7902(a) 
        of title 10, United States Code.
            (2) IOOS.--The term ``IOOS'' means the integrated ocean and 
        coastal observing system to be established by the Council under 
        section 4(a).
            (3) National oceanographic partnership program.--The term 
        ``National Oceanographic Partnership Program'' means the 
        program established under section 7901 of title 10, United 
        States Code.
            (4) Interagency program office.--The term ``interagency 
        program office'' means the office established under section 
        4(d).

SEC. 4. INTEGRATED OCEAN AND COASTAL OBSERVING SYSTEM.

    (a) Establishment.--The President, acting through the Council, 
shall carry out a pilot program to establish an integrated ocean and 
coastal observing system of monitoring, data communication and 
management, analysis, modeling, and research designed to provide data 
and information for the timely detection and prediction of changes 
occurring in the marine and coastal environment that impact the 
Nation's social, economic, and ecological systems. The IOOS shall 
provide for continuous and quality-controlled observations of the 
oceans and coasts for the following purposes:
            (1) Improving the health of the Nation's oceans, coasts, 
        and Great Lakes.
            (2) Protecting human lives and livelihoods from hazards.
            (3) Supporting national defense and homeland security 
        efforts.
            (4) Understanding the effects of human activities and 
        natural variability on the state of the ocean and coasts and 
        the Nation's socioeconomic well-being.
            (5) Measuring, explaining, and predicting environmental 
        changes.
            (6) Providing for the sustainable use, protection, and 
        enjoyment of ocean and coastal resources.
            (7) Providing a scientific basis for implementation and 
        refinement of ecosystem-based management.
            (8) Educating the public about the role and importance of 
        the oceans in daily life.
            (9) Tracking and understanding climate change and the 
        ocean's and Great Lake's roles in it.
            (10) Supplying important information to marine-related 
        businesses such as marine transportation, aquaculture, 
        fisheries, and offshore energy production.
    (b) System Elements.--In order to fulfill the purposes of this Act, 
the IOOS shall consist of the following program elements:
            (1) A national observation program to fulfill national 
        priorities, including the Nation's contribution to the Global 
        Ocean Observing System.
            (2) A network of regional associations to manage the 
        regional ocean and coastal observing and information programs 
        that collect, measure, and disseminate data and information 
        products to meet regional needs.
            (3) A data management and communication system for the 
        timely integration and dissemination of data and information 
        products from the national and regional systems.
            (4) A research and development program conducted under the 
        guidance of the Council and implemented through the National 
        Oceanographic Partnership Program.
            (5) An outreach, education, and training program that 
        augments existing programs, such as the National Sea Grant 
        program and the Centers for Ocean Science Education Excellence 
        program, to ensure the use of the data and information for 
        improving public education and awareness of the Nation's oceans 
        and building the technical expertise required to operate and 
        improve the IOOS.
    (c) Council Functions.--In carrying out responsibilities under this 
section, the Council shall--
            (1) serve as the oversight body for the design and 
        implementation of all aspects of the IOOS;
            (2) adopt plans and budgets that are designed and 
        maintained by the interagency program office;
            (3) coordinate the IOOS with other earth observing 
        activities and the Global Ocean Observing System;
            (4) coordinate and administer a program of research and 
        development under the National Oceanographic Partnership 
        Program to support the operation of an integrated ocean and 
        coastal observing system and to advance the understanding of 
        the oceans;
            (5) establish pilot projects to develop technology and 
        methods for advancing the development of the IOOS;
            (6) support the development of institutional mechanisms to 
        further the goals of the program and provide for the 
        capitalization of the required infrastructure;
            (7) provide, as appropriate, support for and representation 
        on United States delegations to international meetings on ocean 
        and coastal observing programs; and
            (8) in consultation with the Secretary of State, coordinate 
        relevant Federal activities with those of other nations.
    (d) Interagency Program Office.--
            (1) Establishment.--There is established under the Council 
        an interagency program office to be known as ``OceanUS''.
            (2) Responsibilities.--The interagency program office shall 
        be responsible for program planning and coordination of the 
        IOOS. The interagency program office shall--
                    (A) prepare annual and long-term plans for 
                consideration by the Council for the design and 
                implementation of the IOOS that promote collaboration 
                among Federal agencies and regional associations in 
                developing the global and national observing systems, 
                including identification and refinement of a core set 
                of variables to be measured by all systems;
                    (B) coordinate the development of agency budgets 
                for implementation of the IOOS, including budgets for 
                the regional associations;
                    (C) establish standards and protocols for data 
                management and communications, including quality 
                standards, in consultation with participating Federal 
                agencies and regional associations;
                    (D) certify the regional associations and establish 
                a process for their periodic review and 
                recertification; and
                    (E) establish an external technical committee to 
                provide biannual review of the IOOS.
    (e) Lead Federal Agency.--The National Oceanic and Atmospheric 
Administration shall be the lead Federal agency for implementation and 
operation of the IOOS. Based on the plans prepared by the interagency 
program office and adopted by the Council, the Administrator of the 
National Oceanic and Atmospheric Administration shall--
            (1) coordinate implementation, operation, and improvement 
        of the IOOS;
            (2) establish efficient and effective administrative 
        procedures to allocate funds to other Federal agencies and 
        regional associations in a timely manner and according to the 
        budget adopted by the Council; and
            (3) implement and maintain the appropriate elements of the 
        IOOS.
    (f) Regional Ocean and Coastal Observing Systems.--Regional 
associations shall be responsible for the development and operation of 
regional ocean and coastal observing systems to meet the information 
needs of the users groups in the region while adhering to national 
standards. A regional association shall--
            (1) demonstrate an organizational structure capable of 
        supporting and integrating all aspects of a regional ocean and 
        coastal observing and information program within a region;
            (2) prepare and have approved by the interagency program 
        office a strategic operations plan that ensures the operation 
        and support of regional ocean and coastal observing systems 
        pursuant to the standards established by the Council; and
            (3) provide information products for multiple users in the 
        region.
    (g) Civil Liability.--For purposes of section 1346(b)(1) and 
chapter 171 of title 28, United States Code, any regional ocean and 
coastal observing system that is designated part of a regional 
association under this section shall, in carrying out the purposes of 
this Act, be deemed to be part of the National Oceanic and Atmospheric 
Administration, and any employee of such system, while acting within 
the scope of his or her employment in carrying out such purposes, shall 
be deemed to be an employee of the Government.

SEC. 5. INTERAGENCY FINANCING.

    The departments and agencies represented on the Council are 
authorized to participate in interagency financing and share, transfer, 
receive, obligate, and expend funds appropriated to any member of the 
Council for the purposes of carrying out any administrative or 
programmatic project or activity under this Act or under the National 
Oceanographic Partnership Program, including support for the 
interagency program office, a common infrastructure, and system 
integration for an ocean and coastal observing system. Funds may be 
transferred among such departments and agencies through an appropriate 
instrument that specifies the goods, services, or space being acquired 
from another Council member and the costs of the same.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) Observing System Authorization.--For development and 
implementation of an integrated ocean and coastal observing system 
under section 4, including financial assistance to the interagency 
program office, to the regional associations for the implementation of 
regional ocean and coastal observing systems, and to the departments 
and agencies represented on the Council, there are authorized, in 
addition to any amounts previously authorized, to be appropriated to 
the National Oceanic and Atmospheric Administration $100,000,000 for 
fiscal year 2006.
    (b) Regional Ocean and Coastal Observing Systems.--
            (1) In general.--Based on guidelines formulated by the 
        interagency program office and approved by the Council, the 
        Administrator of the National Oceanic and Atmospheric 
        Administration shall provide funding to certified regional 
        associations to design, implement, operate, and improve 
        regional ocean and coastal observing and information systems.
            (2) Funding.--To carry out paragraph (1), the Administrator 
        shall set aside from amounts appropriated pursuant to 
        subsection (a) $50,000,000 for fiscal year 2006.
    (c) Availability.--Sums appropriated pursuant to this section shall 
remain available until expended.

SEC. 7. REPORTING REQUIREMENT.

    Not later than March 31, 2006, the President, acting through the 
Council, shall transmit to Congress a report on the pilot program 
established under section 4. The report shall include a description of 
activities carried out under the program, an evaluation of the 
effectiveness of the program, and recommendations concerning 
reauthorization of the program and funding levels for the program in 
succeeding fiscal years.
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