[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1400 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                S. 1400

_______________________________________________________________________

                                 AN ACT


 
 To develop a system that provides for ocean and coastal observations, 
to implement a research and development program to enhance security at 
    United States ports, to implement a data and information system 
required by all components of an integrated ocean observing system and 
               related research, 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''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The 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 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, supporting approximately 190 sea ports, containing 
        most of our largest cities, and providing access to coastal 
        waters rich in natural resources.
            (3) More than 95 percent of the Nation's trade moves by sea 
        and nearly half of all goods, including energy products, 
        carried in maritime commerce are hazardous materials.
            (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 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 man-made coastal hazards such as hurricanes, 
        tsunamis, erosion, oil spills, harmful algal blooms, hypoxia, 
        and pollution, which can pose threats to human health.
            (6) Each year, the United States 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 ocean technologies and scientific 
        understanding have made possible long-term and continuous 
        observation from space and in situ of ocean characteristics and 
        conditions.
            (9) Many elements of an ocean and coastal observing system 
        are in place, though in a patchwork manner that is fragmented, 
        intermittent, incomplete, and not integrated.
            (10) Important coastal uses, such as tourism, recreation, 
        and fishing, require assurance of healthy coastal waters, and 
        while the interagency National Coast Condition Report provides 
        an annual assessment of the status and quality of coastal 
        waters, substantial data gaps exist that could be reduced 
        through measurement of coastal quality through a coordinated 
        observing system that incorporates Federal, State, and local 
        monitoring programs.
            (11) National investment in a sustained and integrated 
        ocean and coastal observing system and in coordinated programs 
        of research would assist this 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) development and maintenance of an integrated system 
        that provides for sustained ocean and coastal observations from 
        in situ, remote, and vessel platforms, and that promotes the 
        national goals of assuring national security, advancing 
        economic development, conserving living marine resources, 
        protecting quality of life and the marine environment, and 
        strengthening science education and communication through 
        improved knowledge of the ocean;
            (2) implementation of a research and development program to 
        enhance security at United States ports and minimize security 
        risks; and
            (3) implementation of a data and information system 
        required by all components of an integrated ocean and coastal 
        observing system and related research.

SEC. 3. INTEGRATED OCEAN AND COASTAL OBSERVING SYSTEM.

    (a) Establishment.--The President, through the National Ocean 
Research Leadership Council, established by section 7902(a) of title 
10, United States Code, (hereinafter referred to as the ``Council''), 
shall establish and maintain an integrated system of marine monitoring, 
data communication and management, data analysis, and research designed 
to provide data and information for the rapid and timely detection and 
prediction of changes occurring in the marine environment that impact 
the Nation's social, economic, and ecological systems. Such an 
integrated ocean and coastal observing system shall provide for long-
term and continuous observations of the oceans and coasts for the 
following purposes:
            (1) Strengthening homeland security.
            (2) Improving weather forecasts and public warnings of 
        natural disasters and coastal hazards and mitigating such 
        disasters and hazards.
            (3) Understanding, assessing, and responding to human-
        induced and natural processes of global change.
            (4) Enhancing the safety and efficiency of marine 
        operations.
            (5) Supporting efforts to protect, maintain, and restore 
        the health of and manage coastal and marine ecosystems and 
        living resources.
            (6) Enhancing public health.
            (7) Monitoring and evaluating the effectiveness of ocean 
        and coastal environmental policies.
            (8) Conducting focused research to enhance the national 
        understanding of coastal and global ocean systems.
            (9) Providing information that contributes to public 
        awareness of the condition and importance of the oceans.
    (b) Council Functions.--In carrying out responsibilities under this 
section, the Council shall--
            (1) serve as the lead entity providing oversight of Federal 
        ocean and coastal observing requirements and activities;
            (2) adopt and maintain plans for the design, operation, and 
        improvement of such system;
            (3) establish an interagency planning office to carry out 
        the duties described in subsection (c);
            (4) coordinate and administer a program of research and 
        development under the National Oceanographic Partnership 
        Program (10 U.S.C. 7901) to support the operation of an 
        integrated ocean and coastal observing system and advance the 
        understanding of the oceans;
            (5) establish a joint operations center to be maintained by 
        the Administrator of the National Oceanic and Atmospheric 
        Administration, in consultation with other Federal agencies; 
        and
            (6) provide, as appropriate, support for and representation 
        on United States delegations to international meetings on ocean 
        and coastal observing programs and in consultation with the 
        Secretary of State to coordinate relevant Federal activities 
        with those of other nations.
    (c) Interagency Program Office.--There is established under the 
Council an interagency planning office. It shall--
            (1) promote collaboration among agencies;
            (2) promote collaboration among regional coastal observing 
        systems established pursuant to subsection (f);
            (3) prepare annual and long-term plans for consideration by 
        the Council for the design and implementation of an integrated 
        ocean and coastal observing system, including the regional 
        coastal observing systems and taking into account the science 
        and technology advances considered ready for operational 
        status;
            (4) provide information for the development of agency 
        budgets;
            (5) identify requirements for a common set of measurements 
        to be collected and distributed;
            (6) establish standards and protocols for quality control 
        and data management and communications, in consultation with 
        the Joint Operations Center established pursuant to subsection 
        (d);
            (7) work with regional coastal observing entities, the 
        National Sea Grant College Program, and other bodies as needed 
        to assess user needs, develop data products, make effective use 
        of existing capabilities, and incorporate new technologies, as 
        appropriate; and
            (8) coordinate program planning and implementation.
    (d) Joint Operations Center.--The Administrator of the National 
Oceanic and Atmospheric Administration, in consultation with the 
Oceanographer of the Navy, the Administrator of the National 
Aeronautics and Space Administration, the Director of the National 
Science Foundation, the Commandant of the Coast Guard, the Under 
Secretary for Science and Technology of the Department of Homeland 
Security, and any other member of the Council as the Council may, by 
memorandum of agreement, select--
            (1) shall operate and maintain a joint operations center 
        that reports to the Council; and
            (2) is authorized--
                    (A) to acquire, integrate, and deploy required 
                technologies and provide support for an ocean and 
                coastal observing system based on annual long-term 
                plans developed by the interagency planning office;
                    (B) to implement standards and protocols developed 
                in consultation with the interagency planning office 
                for--
                            (i) network operations and data access;
                            (ii) quality control and assessment of data 
                        and design;
                            (iii) data access and management, including 
                        data transfer protocols and archiving;
                            (iv) testing and employment of forecast 
                        models for ocean conditions; and
                            (v) system products;
                    (C) to migrate science and technology advancements 
                from research and development to operational deployment 
                based on the annual and long-term plans of the 
                interagency program office;
                    (D) to integrate and extend existing programs into 
                an operating ocean and coastal observing system based 
                on the annual and long-term plans of the interagency 
                program office;
                    (E) to coordinate the data communication and 
                management system;
                    (F) to provide products and services as specified 
                by national, regional, and international users;
                    (G) to certify that regional coastal observing 
                systems meet the standards established in subsection 
                (f) and to ensure a periodic process for review and 
                recertification of the regional coastal observing 
                systems; and
                    (H) to implement standards to ensure compatibility 
                and interoperability among existing and planned system 
                components.
    (e) System Elements.--
            (1) In general.--The integrated ocean and coastal observing 
        system shall consist of the following closely linked 
        components:
                    (A) A global ocean system to make observations in 
                all oceans (including chemical, physical, and 
                biological observations) for the purpose of 
                documenting, at a minimum, long-term trends in sea 
                level change, ocean carbon sources and sinks, and heat 
                uptake and release by the ocean; and to monitor ocean 
                locations for signs of abrupt or long-term changes in 
                ocean circulation leading to changes in climate.
                    (B) The national network of observations and data 
                management that establishes reference and sentinel 
                stations, links the global ocean system to local and 
                regional observations, and provides data and 
                information required by multiple regions.
                    (C) Regional coastal observing systems that provide 
                information through the national network and detect and 
                predict conditions and events on a regional scale 
                through the measurement and dissemination of a common 
                set of ocean and coastal observations and related 
                products in a uniform manner and according to sound 
                scientific practice using national standards and 
                protocols.
            (2) Subsystem linkage.--The integrated ocean and coastal 
        observing system shall link 3 subsystems for rapid access to 
        data and information:
                    (A) An observing subsystem to measure, manage, and 
                serve a common set of chemical, physical, geological, 
                and biological variables required to achieve the 
                purpose of this Act on time scales required by users of 
                the system.
                    (B) An ocean and coastal data management and 
                assimilation subsystem that provides for organization, 
                cataloging, and dissemination of data and information 
                to ensure full use and long-term archival.
                    (C) A data analysis and applications subsystem to 
                translate data into products and services in response 
                to user needs and requirements.
            (3) Integration of existing centers.--The integrated ocean 
        and coastal observing system shall integrate the capabilities 
        of the Coast Services Center and the National Coastal Data 
        Development Center of the National Oceanic and Atmospheric 
        Administration, and other appropriate centers.
            (4) Research and development.--A research and development 
        program for the integrated ocean and coastal observing system 
        shall be conducted under the National Oceanographic Partnership 
        Program and shall consist of the following elements:
                    (A) Coastal, relocatable, and cabled sea floor 
                observatories.
                    (B) Focused research projects to improve 
                understanding of the relationship between the oceans 
                and human activities.
                    (C) Applied research to develop new observing 
                technologies and techniques, including data management 
                and dissemination.
                    (D) Large scale computing resources and research to 
                improve ocean processes modeling.
                    (E) Programs to improve public education and 
                awareness of the marine environment and its goods and 
                services.
    (f) Regional Coastal Observing Systems.--The Administrator of the 
National Oceanic and Atmospheric Administration, through the Joint 
Operations Center, shall work with representatives of entities in each 
region that provide ocean data and information to users to form 
regional associations. The regional associations shall be responsible 
for the development and operation of observing systems in the coastal 
regions extending to the seaward boundary of the United States 
Exclusive Economic Zone, including the Great Lakes. Participation in a 
regional association may consist of legal entities including, research 
institutions, institutions of higher learning, for-profit corporations, 
non-profit corporations, State, local, and regional agencies, and 
consortia of 2 or more such institutions or organizations that--
            (1) have demonstrated an organizational structure capable 
        of supporting and integrating all aspects of a coastal ocean 
        observing system within a region or subregion;
            (2) have prepared an acceptable business plan including 
        research components and gained documented acceptance of its 
        intended regional or sub-regional jurisdiction by users and 
        other parties of interest within the region or sub-region with 
        the objectives of--
                    (A) delivering an integrated and sustained system 
                that meets national goals;
                    (B) incorporating into the system existing and 
                appropriate regional observations collected by Federal, 
                State, regional, or local agencies;
                    (C) responding to the needs of the users, including 
                the public, within the region;
                    (D) maintaining sustained, 24-hour-a-day operations 
                and disseminating observations in a manner that is 
                routine, predictable and, if necessary, in real-time or 
                near real-time;
                    (E) providing services that include the collection 
                and dissemination of data and data management for 
                timely access to data and information;
                    (F) creating appropriate products that are 
                delivered in a timely fashion to the public and others 
                who use, or are affected by, the oceans;
                    (G) providing free and open access to the data 
                collected with financial assistance under this Act; and
                    (H) adhering to national standards and protocols to 
                ensure that data and related products can be fully 
                exchanged among all of the regional coastal systems and 
                will be accessible to any user in any part of the 
                nation.
            (3) For purposes of determining the civil liability under 
        section 2671 of title 28, United States Code, any regional 
        observing system and any employee thereof that is designated 
        part of a regional association under this subsection shall be 
        deemed to be an instrumentality of the United States with 
        respect to any act or omission committed by any such system or 
        any employee thereof in fulfilling the purposes of this Act.
    (g) Pilot Projects.--
            (1) In general.--The Administrator, in consultation with 
        the interagency planning office, shall initiate pilot projects 
        through the National Oceanographic Partnership Program. A pilot 
        project is an organized, planned set of activities designed to 
        provide an evaluation of technology, methods, or concepts 
        within a defined schedule and having the goal of advancing the 
        development of the sustained, integrated ocean observing 
        system. The pilot projects will--
                    (A) develop protocols for coordinated 
                implementation of the full system;
                    (B) design and implement regional coastal ocean 
                observing systems;
                    (C) establish mechanisms for the exchange of data 
                between and among regions and Federal agencies;
                    (D) specify products and services and related 
                requirements for observations, data management, and 
                analysis in collaboration with user groups; and
                    (E) develop and test new technologies and 
                techniques to improve all three subsystems to more 
                effectively meet the needs of users of the system.
            (2) Infrastructure capital projects.--The pilot projects 
        shall include one or more projects to capitalize the 
        infrastructure for the collection, management, analysis, and 
        distribution of data and one or more projects where the basic 
        infrastructure and institutional mechanisms already exist for 
        ongoing coastal observations, to fund the operations necessary 
        for the collection of the common set of observations approved 
        by the interagency planning office.

SEC. 4. INTERAGENCY FINANCING.

    The departments and agencies represented on the Council are 
authorized to participate in interagency financing and share, transfer, 
receive and spend 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 (10 U.S.C. 7901), including support for 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. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) Observing System Authorization.--For development and 
implementation of an integrated ocean and coastal observing system 
under section 3, including financial assistance to regional coastal 
ocean observing systems and in addition to any amounts previously 
authorized, there are authorized to be appropriated to--
            (1) the National Oceanic and Atmospheric Administration, 
        $83,000,000 in fiscal year 2004, $87,250,000 in fiscal year 
        2005, $91,500,000 in fiscal year 2006, $96,000,000 in fiscal 
        year 2007, and $100,000,000 in fiscal year 2008;
            (2) the National Science Foundation, $25,000,000 in fiscal 
        year 2004, $26,250,000 in fiscal year 2005, $27,500,000 in 
        fiscal year 2006, $29,000,000 in fiscal year 2007, and 
        $30,500,000 in fiscal year 2008;
            (3) the National Aeronautics and Space Administration, 
        $30,000,000 in fiscal year 2004, $31,500,000 in fiscal year 
        2005, $33,000,000 in fiscal year 2006, and $34,750,000 in each 
        of fiscal years 2007 and 2008;
            (4) the United States Coast Guard, $8,000,000 in fiscal 
        year 2004, $8,400,000 in fiscal year 2005, $9,700,000 in fiscal 
        year 2006, $9,500,000 in fiscal year 2007, and $9,750,000 in 
        fiscal year 2008;
            (5) the Office of Naval Research, $25,000,000 in fiscal 
        year 2004, $26,250,000 in fiscal year 2005, $27,500,000 in 
        fiscal year 2006, $29,000,000 in fiscal year 2007, and 
        $30,500,000 in fiscal year 2008;
            (6) the Office of the Oceanographer of the Navy, 
        $30,000,000 in fiscal year 2004, $31,500,000 in fiscal year 
        2005, $33,000,000 in fiscal year 2006, $34,750,000 in fiscal 
        year 2007, and $36,500,000 in fiscal year 2008; and
            (7) other Federal agencies with operational coastal or 
        ocean monitoring systems or which provide funds to States for 
        such systems, $15,000,000 in each of fiscal years 2004 through 
        2008.
    (b) Regional Coastal Observing Systems.--The Administrator of the 
National Oceanic and Atmospheric Administration shall make at least 51 
percent of the funds appropriated pursuant to subsection (a)(1) 
available as grants for the development and implementation of the 
regional coastal observing systems based on the plans adopted by the 
Council and may be used to leverage non-Federal funds.
    (c) High-Frequency Surface Wave Radar.--The Administrator of the 
National Oceanic and Atmospheric Administration may make available 
$3,000,000 of the funds appropriated pursuant to subsection (a)(1) for 
fiscal year 2004 to demonstrate the capabilities of shore-based high-
frequency surface wave radar to measure real-time wave height, wave 
velocity, wave period, tidal velocity, and wind speed within and beyond 
the Exclusive Economic Zone of the United States.
    (d) Availability.--Sums authorized to be appropriated by this 
section shall remain available until expended.

            Passed the Senate October 31, 2003.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                                S. 1400

_______________________________________________________________________

                                 AN ACT

 To develop a system that provides for ocean and coastal observations, 
to implement a research and development program to enhance security at 
    United States ports, to implement a data and information system 
required by all components of an integrated ocean observing system and 
               related research, and for other purposes.