[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 914 Referred in House (RFH)]
<DOC>
116th CONGRESS
2d Session
S. 914
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 24, 2020
Referred to the Committee on Natural Resources, and in addition to the
Committees on Science, Space, and Technology, and the Committee on
Financial Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
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:
JULIE E. ADAMS,
Secretary.