[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 914 Engrossed in Senate (ES)]

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116th CONGRESS
  2d Session
                                 S. 914

_______________________________________________________________________

                                 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.

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

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--
            ``(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.''.

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) 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--
                            ``(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) 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;
                            ``(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--
                                    ``(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) promulgate program guidelines--
                                    ``(I) 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) 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) 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;
                            ``(xi) 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) 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) 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) develops and operates under a 
                        strategic plan that will ensure the efficient 
                        and effective administration of programs and 
                        assets to support daily data 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) 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, 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) 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:

``SEC. 12307. REPORT TO CONGRESS.

    ``(a) 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) 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) 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) 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) 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) 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) 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 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) 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;
                            ``(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) 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 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) 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) 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;
            (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 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) 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) 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:
                    ``(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) 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) 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) 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 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. 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) In coordination with warning coordination 
                meteorologists, providing decision-support services to 
                inform emergency management and water resources 
                decisions.
    (b) National Instructions.--
            (1) 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) Guidelines for content, format, and provision 
                of hydrologic and inundation products developed by the 
                National Water Center.
                    (C) Procedures for cooperation and coordination 
                between the National Water Center, the National Weather 
                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.--Amounts made available to carry out this 
section shall be derived from amounts appropriated or otherwise made 
available to the National Weather Service and the National Ocean 
Service.

            Passed the Senate July 30, 2020.

            Attest:

                                                             Secretary.
116th CONGRESS

  2d Session

                                 S. 914

_______________________________________________________________________

                                 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.