[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 171 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 171

   To develop and maintain an integrated system of coastal and ocean 
   observations for the Nation's coasts, oceans, and Great Lakes, to 
  improve warnings of tsunami, hurricanes, El Nino events, and other 
  natural hazards, to enhance homeland security, to support maritime 
operations, to improve management of coastal and marine resources, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 8, 2009

Ms. Snowe (for herself, Ms. Cantwell, Mr. Inouye, Mr. Rockefeller, Ms. 
Landrieu, Mr. Kerry, Mrs. Boxer, Mr. Reed, Ms. Collins, and Mr. Nelson 
  of Florida) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To develop and maintain an integrated system of coastal and ocean 
   observations for the Nation's coasts, oceans, and Great Lakes, to 
  improve warnings of tsunami, hurricanes, El Nino events, and other 
  natural hazards, to enhance homeland security, to support maritime 
operations, to improve management of coastal and marine resources, 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 ``Coastal and Ocean Observation System 
Act of 2009''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The United States Commission on Ocean Policy recommends 
        a national commitment to a sustained and integrated coastal and 
        ocean observing system and to coordinated research programs 
        which would provide vital information to assist the Nation and 
        the world in understanding, monitoring, and predicting changes 
        to the ocean and coastal resources and the global climate 
        system, enhancing homeland security, improving weather and 
        climate forecasts, strengthening management and sustainable use 
        of coastal and ocean resources, improving the safety and 
        efficiency of maritime operations, and mitigating the impacts 
        of marine hazards.
            (2) The continuing and potentially devastating threat posed 
        by tsunami, hurricanes, storm surges, and other marine hazards 
        requires immediate implementation of strengthened observation 
        and communications, and data management systems to provide 
        timely detection, assessment, and warnings and to support 
        response strategies for the millions of people living in 
        coastal regions of the United States and throughout the world.
            (3) Safeguarding homeland security, conducting search and 
        rescue operations, responding to natural and manmade coastal 
        hazards (such as oil spills and harmful algal blooms), and 
        managing fisheries and other coastal activities each require 
        improved understanding and monitoring of the Nation's waters, 
        coastlines, ecosystems, and resources, including the ability to 
        provide rapid response teams with real-time environmental 
        conditions necessary for their work.
            (4) The 95,000-mile coastline of the United States, 
        including the Great Lakes, is vital to the Nation's prosperity, 
        contributing over $117 billion to the national economy in 2000, 
        supporting jobs for more than 200 million Americans, handling 
        $700 billion in waterborne commerce, and supporting commercial 
        and sport fisheries valued at more than $50 billion annually.
            (5) Ensuring the effective implementation of National and 
        State programs to protect unique coastal and ocean habitats, 
        such as wetlands and coral reefs, and living marine resources 
        requires a sustained program of research and monitoring to 
        understand these natural systems and detect changes that could 
        jeopardize their long term viability.
            (6) Many elements of a coastal and ocean observing system 
        are in place, but require national investment, consolidation, 
        completion, and integration among international, Federal, 
        regional, State, and local elements.
            (7) In 2003, the United States led more than 50 nations in 
        affirming the vital importance of timely, reliable, long-term 
        global observations as a basis for sound decision-making, 
        recognizing the contribution of observation systems to meet 
        national, regional, and global needs, and calling for 
        strengthened cooperation and coordination in establishing a 
        Global Earth Observation System of Systems, of which an 
        integrated coastal and ocean observing system is an essential 
        part.
            (8) Protocols and reporting for observations, measurements, 
        and other data collection for a coastal and ocean observing 
        system should be standardized to facilitate data use and 
        dissemination.
            (9) Key variables, including temperature, salinity, sea 
        level, surface currents, ocean color, nutrients, and variables, 
        such as acidity, that may indicate the occurrence and impacts 
        of ocean acidification, should be collected to address a 
        variety of informational needs.
    (b) Purposes.--The purposes of this Act are to establish an 
integrated national system of ocean, coastal, and Great Lakes observing 
systems to address regional and national needs for ocean information 
and to provide for--
            (1) the planning, development, implementation, and 
        maintenance of an integrated coastal and ocean observing system 
        that provides data and information to sustain and restore 
        healthy marine, coastal, and Great Lakes ecosystems and manage 
        the resources they support, aid marine navigation safety and 
        national security, support economic development, enable 
        advances in scientific understanding of the oceans and the 
        Great Lakes, and strengthen science education and 
        communication;
            (2) implementation of research, development, education, and 
        outreach programs to improve understanding of the marine 
        environment and achieve the full national benefits of an 
        integrated coastal and ocean observing system;
            (3) implementation of a data, information management, and 
        modeling system required by all components of an integrated 
        coastal and ocean observing system and related research to 
        develop early warning systems to more effectively predict and 
        mitigate impacts of natural hazards, improve weather and 
        climate forecasts, conserve healthy and restore degraded 
        coastal ecosystems, and ensure usefulness of data and 
        information for users; and
            (4) establishment of a network of regional associations to 
        operate and maintain regional coastal and ocean observing 
        systems to ensure fulfillment of national objectives at 
        regional scales and to address State and local needs for ocean 
        information and data products.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Council.--The term ``Council'' means the National Ocean 
        Research Leadership Council established by section 7902 of 
        title 10, United States Code.
            (3) Interagency ocean observation committee.--The term 
        ``Interagency Ocean Observation Committee'' means the committee 
        established under section 4(d).
            (4) National oceanographic partnership program.--The term 
        ``National Oceanographic Partnership Program'' means the 
        program established under section 7901 of title 10, United 
        States Code.
            (5) Observing system.--The term ``observing system'' means 
        the integrated coastal, ocean, and Great Lakes observing system 
        to be established by the Council under section 4(a).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the National Oceanic and 
        Atmospheric Administration.

SEC. 4. INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM.

    (a) Establishment.--The President, acting through the Council, 
shall establish and maintain an integrated system of coastal and ocean 
observations, data communication and management, analysis, modeling, 
research, education, and outreach designed to understand current 
conditions and provide data and information for the timely detection 
and prediction of changes occurring in the ocean, coastal and Great 
Lakes environments that impact the Nation's social, economic, and 
ecological systems. The observing system shall provide for long-term, 
continuous and quality-controlled observations of the Nation's coasts, 
oceans, and Great Lakes in order to--
            (1) understand the effects of human activities and natural 
        variability on and improve the health of the Nation's coasts, 
        oceans, and Great Lakes;
            (2) monitor key variables including temperature, salinity, 
        sea level, surface currents, ocean color, nutrients, and 
        variables, such as acidity, that may indicate the occurrence 
        and impacts of ocean acidification;
            (3) measure, track, explain, and predict climatic and 
        environmental changes and protect human lives and livelihoods 
        from hazards such as tsunami, hurricanes, storm surges, coastal 
        erosion, levy breaches, and fluctuating water levels;
            (4) supply critical information to marine-related 
        businesses such as marine transportation, aquaculture, 
        fisheries, and offshore energy production and aid marine 
        navigation and safety;
            (5) support national defense and homeland security efforts;
            (6) support the sustainable use, conservation, management, 
        and enjoyment of healthy ocean, coastal, and Great Lakes 
        resources, better understand the interactions of ocean 
        processes within the coastal zone, and support implementation 
        and refinement of ecosystem-based management and restoration;
            (7) support the protection of critical coastal habitats, 
        such as coral reefs and wetlands, and unique ecosystems and 
        resources;
            (8) educate the public about the role and importance of the 
        oceans, coasts, and Great Lakes in daily life; and
            (9) support research and development to ensure improvement 
        to ocean, coastal, and Great Lakes observation measurements and 
        to enhance understanding of the Nation's ocean, coastal, and 
        Great Lakes resources.
    (b) System Elements.--In order to fulfill the purposes of this Act, 
the observing system shall consist of the following program elements:
            (1) A national program to fulfill national and 
        international observation priorities.
            (2) A network of regional associations to manage the 
        regional coastal and ocean observing and information programs 
        that collect, measure, and disseminate data and information 
        products.
            (3) Data management, communication, and modeling systems 
        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, including projects under the National 
        Oceanographic Partnership Program, consisting of the following:
                    (A) Basic research to advance knowledge of coastal 
                and ocean systems and ensure improvement of operational 
                products, including related infrastructure, observing 
                technology, and information technology.
                    (B) Focused research and technology development 
                projects to improve understanding of the relationship 
                between the coasts and oceans and human activities.
                    (C) Large scale computing resources and research to 
                advance modeling of coastal and ocean processes.
            (5) A coordinated outreach, education, and training program 
        that integrates and augments existing programs (such as the 
        National Sea Grant College Program, the Centers for Ocean 
        Sciences Education Excellence program, and the National 
        Estuarine Research Reserve System), to ensure the use of data 
        and information for improving public education and awareness of 
        the Nation's coastal and ocean environment and building the 
        technical expertise required to operate and improve the 
        observing system.
    (c) Council Functions.--The Council shall serve as the oversight 
body for the design and implementation of all aspects of the observing 
system. In carrying out its responsibilities under this section, the 
Council shall--
            (1) adopt plans, budgets, and standards that are developed 
        and maintained by the Interagency Ocean Observation Committee 
        in consultation with the regional associations;
            (2) coordinate the observing system with other earth 
        observing activities including the Global Ocean Observing 
        System and the Global Earth Observing System of Systems;
            (3) coordinate and approve programs of intramural and 
        extramural research, technology development, education, and 
        outreach to support improvements to and the operation of an 
        integrated coastal and ocean observing system and to advance 
        the understanding of the oceans;
            (4) promote development of technology and methods for 
        improving the observing system;
            (5) support the development of institutional mechanisms and 
        financial instruments to further the goals of the program and 
        provide for the capitalization of the required infrastructure;
            (6) provide, as appropriate, support for and representation 
        on United States delegations to international meetings on 
        coastal and ocean observing programs, including those under the 
        jurisdiction of the International Joint Commission involving 
        Canadian waters; and
            (7) in consultation with the Secretary of State, support 
        coordination of relevant Federal activities with those of other 
        nations.
    (d) Interagency Ocean Observation Committee.--
            (1) Establishment.--The Council shall establish an 
        Interagency Ocean Observation Committee.
            (2) Responsibilities.--The Interagency Ocean Observing 
        Committee shall be responsible for program planning and 
        coordination of the implementation of the observing system.
            (3) Duties.--The Interagency Ocean Observing Committee 
        shall report to the Council and shall--
                    (A) prepare annual and long-term plans for 
                consideration and approval by the Council for the 
                design and implementation of the observing system that 
                promote collaboration among Federal agencies and 
                regional associations in developing global, national, 
                and regional observing systems, including 
                identification and refinement of a core set of 
                variables to be measured by all systems;
                    (B) coordinate the development of agency and 
                regional associations priorities and budgets to 
                implement, operate, and maintain the observing systems;
                    (C) establish and refine standards and protocols 
                for data collection, management and communications, 
                including quality control standards, in consultation 
                with participating Federal agencies and regional 
                associations;
                    (D) establish a process for assuring compliance for 
                all participating entities with the standards and 
                protocols for data management and communications, 
                including quality control standards;
                    (E) integrate, improve, and extend existing 
                programs and research projects, and ensure that 
                regional associations are integrated into the 
                operational observation system on a sustained basis;
                    (F) provide for the migration of scientific and 
                technological advances from research and development to 
                operational deployment; and
                    (G) perform such duties as the Council may 
                delegate.
            (4) Implementation.--There is established an Interagency 
        Program Coordinating Office. The Office shall be--
                    (A) located in, but is not an office of, the 
                Department of Commerce; and
                    (B) staffed by employees of agencies represented on 
                the Interagency Ocean Observation Committee, to 
                facilitate the Interagency Ocean Observation 
                Committee's responsibilities for system implementation, 
                budgeting, and administration.
    (e) Role of NOAA.--The National Oceanic and Atmospheric 
Administration shall provide leadership for the implementation and 
administration of the observing system, in consultation with the 
Council, the Interagency Ocean Observation Committee, other Federal 
agencies that maintain portions of the observing system and the 
regional associations, and shall--
            (1) establish an Integrated Ocean Observing Program Office 
        to facilitate action under the Administration's leadership;
            (2) implement a merit-based funding process to support the 
        activities of regional associations;
            (3) provide opportunities for competitive contracts and 
        grants to design, develop, integrate, deploy, and support ocean 
        observation system elements;
            (4) have the authority to enter into and perform such 
        contracts, leases, grants, or cooperative agreements as may be 
        necessary to carry out the purposes of this Act and on such 
        terms as the Administrator deems appropriate;
            (5) establish efficient and effective administrative 
        procedures for allocation of funds among contractors, grantees, 
        and regional associations in a timely manner, and contingent on 
        appropriations according to the budget adopted by the Council;
            (6) develop and implement a process for the certification 
        and assimilation into the national ocean observations network 
        of the regional associations and their periodic review and 
        recertification and certify regional associations that meet the 
        requirements of subsection (f); and
            (7) develop a data management and communication system, in 
        accordance with the established standards and protocols, by 
        which all data collected by the observing system regarding 
        coastal waters of the United States are integrated and 
        available.
    (f) Regional Associations of Coastal and Ocean Observing Systems.--
            (1) The Secretary shall initiate a rulemaking proceeding to 
        establish a process for the certification of regional 
        associations to be responsible for the development and 
        operation of regional coastal and ocean observing systems to 
        meet the information needs of user groups in the region while 
        adhering to national standards. To be certified a regional 
        association shall meet the certification standards developed by 
        the Interagency Ocean Observing Committee in conjunction with 
        the regional associations and approved by the Council and 
        shall--
                    (A) demonstrate an organizational structure capable 
                of supporting and integrating all aspects of coastal 
                and ocean observing and information programs within a 
                region and that reflects broad representation from 
                State and local government, commercial interests, and 
                other users and beneficiaries of marine information;
                    (B) operate under a strategic operations and 
                business plan that details the operation and support of 
                regional coastal and ocean observing systems pursuant 
                to the standards approved by the Council; and
                    (C) work with governmental entities and programs at 
                all levels to identify and provide information products 
                of the observing system for multiple users in the 
                region to advance outreach and education, to improve 
                coastal and fishery management, safe and efficient 
                marine navigation, weather and climate prediction, to 
                enhance preparation for hurricanes, tsunami, and other 
                natural hazards, and other appropriate activities.
            (2) For the purposes of this Act, employees of Federal 
        agencies may participate in the functions of the regional 
        associations.
    (g) Civil Liability.--For purposes of section 1346(b)(1) and 
chapter 171 of title 28, United States Code, the Suits in Admiralty Act 
(46 U.S.C. App. 741 et seq.), and the Public Vessels Act (46 U.S.C. 
App. 781 et seq.), any regional coastal and ocean observing system that 
is a designated part of a regional association certified under this 
section shall, with respect to tort liability arising from the 
dissemination and use of the data, 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 operating 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. PROCESS FOR TRANSITION FROM RESEARCH TO OPERATION.

    The National Oceanic and Atmospheric Administration, in 
consultation with the Council, shall formulate a process by which--
            (1) funding is made available for intramural and extramural 
        research on new technologies for collecting data regarding 
        coastal and ocean waters of the United States;
            (2) such technologies are tested including--
                    (A) accelerated research into biological and 
                chemical sensing techniques and satellite sensors for 
                collecting such data; and
                    (B) developing technologies to improve all aspects 
                of the observing system, especially the timeliness and 
                accuracy of its predictive models and the usefulness of 
                its information products; and
            (3) funding is made available and a plan is developed and 
        executed to transition technology that has been demonstrated to 
        be useful for the observing system is incorporated into use by 
        the observing system.

SEC. 6. 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 Oceans Observation Committee, a common infrastructure, and 
system integration for a coastal and ocean 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. 7. APPLICATION WITH OTHER LAWS.

    Nothing in this Act supersedes or limits the authority of any 
agency to carry out its responsibilities and missions under other laws.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the National Oceanic and 
Atmospheric Administration for the implementation of this Act, 
$150,000,000 for each of fiscal years 2009 through 2011 and 
$175,000,000 for each of fiscal years 2012 and 2013. At least 50 
percent of these sums shall be allocated to the regional associations 
certified under section 4(f) for implementation of regional coastal and 
ocean observing systems.

SEC. 9. IMPLEMENTATION PLAN.

    Not later than 12 months after the date of the enactment of this 
Act, the Secretary shall submit to the Congress and the Council a plan 
for implementation of this Act, including for--
            (1) coordinating activities of the Secretary under this Act 
        with other Federal agencies; and
            (2) distributing, to regional associations, funds available 
        to carry out this Act.

SEC. 10. REPORT TO CONGRESS.

    (a) Requirement.--Not later than 2 years after the date of the 
enactment of this Act and every 2 years thereafter, the Administrator 
shall prepare and the President acting through the Council shall 
approve and transmit to the Congress a report on progress made in 
implementing this Act.
    (b) Contents.--The report shall include the following:
            (1) A description of activities carried out under the 
        implementation plan and this Act.
            (2) An evaluation of the effectiveness of the observing 
        system.
            (3) Benefits of the program to users of data products 
        resulting from the observing system (including the general 
        public, industry, scientists, resource managers, emergency 
        responders, policy makers, and educators).
            (4) Recommendations concerning--
                    (A) modifications to the observing system; and
                    (B) funding levels for the observing system in 
                subsequent fiscal years.
            (5) The results of a periodic external independent 
        programmatic audit of the observing system.
                                 <all>