[Congressional Record Volume 149, Number 156 (Friday, October 31, 2003)]
[Senate]
[Pages S13735-S13739]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page S13735]]
OCEAN AND COASTAL OBSERVATION SYSTEMS ACT
Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 319, S. 1400.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1400) to develop a system that provides for
ocean and coastal observations, to implement a research and
development program to enhance security at United States
ports, to implement a data and information system required by
all components of an integrated ocean observing system and
related research, and for other purposes.
There being no objection, the Senate proceeded to consider the
bill, which had been reported from the Committee on Commerce, Science,
and Transportation, with an amendment to strike all after the enacting
clause and inserting in lieu thereof the following:
[Strike the part shown in black brackets and insert the
part shown in italic.]
S. 1400
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[SECTION 1. SHORT TITLE.
[This Act may be cited as the ``Ocean Observation and
Coastal Systems Act''.
[SEC. 2. FINDINGS AND PURPOSES.
[(a) Findings.--The Congress finds the following:
[(1) The 95,000-mile coastline of the United States is
vital to the Nation's homeland security, transportation,
trade, environmental and human health, recreation and
tourism, food production, scientific research and education,
historical and cultural heritage, and energy production.
[(2) More than half the Nation's population lives and works
in coastal communities that together make up 11 percent of
its land and its most ecologically and economically important
regions, supporting approximately 190 sea ports, containing
most of our largest cities, and providing access to coastal
waters rich in natural resources.
[(3) More than 95 percent of the Nation's trade moves by
sea and nearly half of all goods, including energy products,
carried in maritime commerce are hazardous materials.
[(4) The rich biodiversity of marine organisms provides
society with essential food resources, a promising source of
marine products with commercial and medical potential, and an
important contribution to the national economy.
[(5) The oceans drive climate and weather factors causing
severe weather events and threatening the health of coastal
ecosystems and communities by creating or affecting both
natural and man-made coastal hazards such as hurricanes,
tsunamis, erosion, oil spills, harmful algal blooms, and
pollution, which can pose threats to human health.
[(6) Each year, the United States Coast Guard relies on
ocean information to save 4,380 people, conducts over 65,000
rescue missions, and carries out more than 11,680
environmental cleanups and responses to pollution.
[(7) Safeguarding homeland security requires improved
monitoring of the Nation's ports and coastline, including the
ability to track vessels and to provide rapid response teams
with real-time environmental conditions necessary for their
work.
[(8) Advances in ocean technologies and scientific
understanding have made possible long-term and continuous
observation from space and in situ of ocean characteristics
and conditions.
[(9) Many elements of an ocean and coastal observing system
are in place, though in a patchwork manner that is
fragmented, intermittent, incomplete, and not integrated.
[(10) Important coastal uses, such as tourism, recreation,
and fishing, require assurance of healthy coastal waters, and
while the interagency National Coast Condition Report
provides an annual assessment of the status and quality of
coastal waters, substantial data gaps exist that could be
reduced through measurement of coastal quality through a
coordinated observing system that incorporates Federal,
State, and local monitoring programs.
[(11) National investment in a sustained and integrated
ocean and coastal observing system and in coordinated
programs of research would assist this Nation and the world
in understanding the oceans and the global climate system,
strengthen homeland security, improve weather and climate
forecasts, strengthen management of marine resources, improve
the safety and efficiency of maritime operations, and
mitigate coastal hazards.
[(b) Purposes.--The purposes of this Act are to provide
for--
[(1) development and maintenance of an integrated system
that provides for sustained ocean and coastal observations
from in situ, remote, and vessel platforms, and that promotes
the national goals of assuring national security, advancing
economic development, conserving living marine resources,
protecting quality of life and the marine environment, and
strengthening science education and communication through
improved knowledge of the ocean;
[(2) implementation of a research and development program
to enhance security at United States ports and minimize
security risks; and
[(3) implementation of a data and information system
required by all components of an integrated ocean and coastal
observing system and related research.
[SEC. 3. INTEGRATED OCEAN AND COASTAL OBSERVING SYSTEM.
[(a) Establishment.--The President, through the National
Ocean Research Leadership Council, established by section
7902(a) of title 10, United States Code, (hereinafter
referred to as the ``Council''), shall establish and maintain
an integrated system of marine monitoring, data communication
and management, data analysis, and research designed to
provide data and information for the rapid and timely
detection and prediction of changes occurring in the
marine environment that impact the Nation's social,
economic, and ecological systems. Such an integrated ocean
and coastal observing system shall provide for long-term
and continuous observations of the oceans and coasts for
the following purposes:
[(1) Strengthening homeland security.
[(2) Improving weather forecasts and public warnings of
natural disasters and coastal hazards and mitigating such
disasters and hazards.
[(3) Understanding, assessing, and responding to human-
induced and natural processes of global change.
[(4) Enhancing the safety and efficiency of marine
operations.
[(5) Supporting efforts to protect, maintain, and restore
the health of and manage coastal and marine ecosystems and
living resources.
[(6) Enhancing public health.
[(7) Monitoring and evaluating the effectiveness of ocean
and coastal environmental policies.
[(8) Conducting focused research to enhance the national
understanding of coastal and global ocean systems.
[(9) Providing information that contributes to public
awareness of the condition and importance of the oceans.
[(b) Council Functions.--In carrying out responsibilities
under this section, the Council shall--
[(1) serve as the lead entity providing oversight of
Federal ocean and coastal observing requirements and
activities;
[(2) adopt and maintain plans for the design, operation,
and improvement of such system;
[(3) establish an interagency planning office to carry out
the duties described in subsection (c);
[(4) coordinate and administer a program of research and
development under the National Oceanographic Partnership
Program (10 U.S.C. 7901) to support the operation of an
integrated ocean and coastal observing system and advance the
understanding of the oceans;
[(5) establish a joint operations center to be maintained
by the Administrator of the National Oceanic and Atmospheric
Administration, in consultation with other Federal agencies;
and
[(6) provide, as appropriate, support for and
representation on United States delegations to international
meetings on ocean and coastal observing programs and in
consultation with the Secretary of State to coordinate
relevant Federal activities with those of other nations.
[(c) Interagency Program Office.--There is established
under the Council an interagency planning office. It shall--
[(1) promote collaboration among agencies;
[(2) promote collaboration among regional coastal observing
systems established pursuant to subsection (f);
[(3) prepare annual and long-term plans for consideration
by the Council for the design and implementation of an
integrated ocean and coastal observing system, including the
regional coastal observing systems and taking into account
the science and technology advances considered ready for
operational status;
[(4) provide information for the development of agency
budgets;
[(5) identify requirements for a common set of measurements
to be collected and distributed;
[(6) establish standards and protocols for quality control
and data management and communications, in consultation with
the Joint Operations Center established pursuant to
subsection (d);
[(7) work with regional coastal observing entities, the
National Sea Grant College Program, and other bodies as
needed to assess user needs, develop data products, make
effective use of existing capabilities, and incorporate new
technologies, as appropriate; and
[(8) coordinate program planning and implementation.
[(d) Joint Operations Center.--The Administrator of the
National Oceanic and Atmospheric Administration, in
consultation with the Oceanographer of the Navy, the
Administrator of the National Aeronautics and Space
Administration, the Director of the National Science
Foundation, the Commandant of the Coast Guard, the Under
Secretary for Science and Technology of the Department of
Homeland Security, and any other member of the National Ocean
Research Leadership Council as the Council may, by memorandum
of agreement, select--
[(1) shall report to the National Ocean Research Leadership
Council;
[[Page S13736]]
[(2) shall maintain a joint operations center that reports
to the Council; and
[(3) is authorized, without limitation--
[(A) to acquire, integrate, and deploy required
technologies and provide support for an ocean and coastal
observing system based on annual long-term plans developed by
the interagency planning office;
[(B) to implement standards and protocols developed in
consultation with the interagency planning office for--
[(i) network operations and data access;
[(ii) quality control and assessment of data and design;
[(iii) data access and management, including data transfer
protocols and archiving;
[(iv) testing and employment of forecast models for ocean
conditions; and
[(v) system products;
[(C) to migrate science and technology advancements from
research and development to operational deployment based on
the annual and long-term plans of the interagency program
office;
[(D) to integrate and extend existing programs into an
operating coastal and ocean and coastal observing system
based on the annual and long-term plans of the interagency
program office;
[(E) to coordinate the data communication and management
system;
[(F) to provide products and services as specified by
national, regional, and international users;
[(G) to certify that regional coastal observing systems
meet the standards established in subsection (f) and to
ensure a periodic process for review and recertification of
the regional coastal observing systems; and
[(H) to implement standards to ensure compatibility and
interoperability among existing and planned system
components.
[(e) System Elements.--
[(1) In general.--The integrated ocean and coastal
observing system shall consist of the following closely
linked components:
[(A) A global ocean system to make observations in all
oceans (including chemical, physical, and biological
observations) for the purpose of documenting, at a minimum,
long-term trends in sea level change, ocean carbon sources
and sinks, and heat uptake and release by the ocean; and to
monitor ocean locations for signs of abrupt or long-term
changes in ocean circulation leading to changes in climate.
[(B) The national network of observations and data
management that establishes reference and sentinel stations,
links the global ocean system to local and regional
observations, and provides data and information required by
multiple regions.
[(C) Regional coastal observing systems that provide
information through the national network and detect and
predict conditions and events on a regional scale through the
measurement and dissemination of a common set of ocean and
coastal observations and related products in a uniform manner
and according to sound scientific practice using national
standards and protocols.
[(2) Subsystem linkage.--The integrated ocean and coastal
observing system shall link 3 subsystems for rapid access to
data and information:
[(A) An observing subsystem to measure, manage, and serve a
common set of chemical, physical, geological, and biological
variables required to achieve the purpose of this Act on time
scales required by users of the system.
[(B) An ocean data management and assimilation subsystem
that provides for organization, cataloging, and dissemination
of data and information to ensure full use and long term
archival.
[(C) A data analysis and applications subsystem to
translate data into products and services in response to user
needs and requirements.
[(3) Research and development.--A research and development
program for the integrated ocean and coastal observing system
shall be conducted under the National Oceanographic
Partnership Program and shall consist of the following
elements:
[(A) Coastal, relocatable, and cabled sea floor
observatories.
[(B) Focused research projects to improve understanding of
the relationship between the oceans and human activities.
[(C) Applied research to develop new observing technologies
and techniques, including data management and dissemination.
[(D) Large scale computing resources and research to
improve ocean processes modeling.
[(E) Programs to improve public education and awareness of
the marine environment and its goods and services.
[(f) Regional Coastal Observing Systems.--The Administrator
of the National Oceanic and Atmospheric Administration,
through the Joint Operations Center, shall work with
representatives of entities in each region that provide ocean
data and information to users to form regional associations.
The regional associations shall be responsible for the
development and operation of observing systems in the coastal
regions extending to the seaward boundary of the United
States Exclusive Economic Zone, including the Great Lakes.
Participation in a regional association may consist of legal
entities including, research institutions, institutions of
higher learning, for-profit corporations, non-profit
corporations, State, local, and regional agencies, and
consortia of 2 or more such institutions or organizations
that--
[(1) have demonstrated an organizational structure capable
of supporting and integrating all aspects of a coastal ocean
observing system within a region or subregion;
[(2) have prepared an acceptable business plan including
research components and gained documented acceptance of its
intended regional or sub-regional jurisdiction by users and
other parties of interest within the region or sub-region
with the objectives of--
[(A) delivering an integrated and sustained system that
meets national goals;
[(B) incorporating into the system existing and appropriate
regional observations collected by Federal, State, regional,
or local agencies;
[(C) responding to the needs of the users, including the
public, within the region;
[(D) maintaining sustained, 24-hour-a-day operations and
disseminating observations in a manner that is routine,
predictable and, if necessary, in real-time or near real-
time;
[(E) providing services that include the collection and
dissemination of data and data management for timely access
to data and information;
[(F) creating appropriate products that are delivered in a
timely fashion to the public and others who use, or are
affected by, the oceans;
[(G) providing free and open access to the data collected
with financial assistance under this Act; and
[(H) adhering to national standards and protocols to ensure
that data and related products can be fully exchanged among
all of the regional coastal systems and will be accessible to
any user in any part of the nation.
[(3) For purposes of determining the civil liability under
section 2671 of title 28, United States Code, any regional
observing system and any employee thereof that is designated
part of a regional association under this subsection shall be
deemed to be an instrumentality of the United States with
respect to any act or omission committed by any such system
or any employee thereof in fulfilling the purposes of this
Act.
[(g) Pilot Projects.--
[(1) In general.--The Administrator, in consultation with
the interagency planning office, shall initiate pilot
projects through the National Oceanographic Partnership
Program. A pilot project is an organized, planned set of
activities designed to provide an evaluation of technology,
methods, or concepts within a defined schedule and having the
goal of advancing the development of the sustained,
integrated ocean observing system. The pilot projects will--
[(A) develop protocols for coordinated implementation of
the full system;
[(B) design and implement regional coastal ocean observing
systems;
[(C) establish mechanisms for the exchange of data between
and among regions and Federal agencies;
[(D) specify products and services and related requirements
for observations, data management, and analysis in
collaboration with user groups; and
[(E) develop and test new technologies and techniques to
improve all three subsystems to more effectively meet the
needs of users of the system.
[(2) Infrastructure capital projects.--The pilot projects
shall include one or more projects to capitalize the
infrastructure for the collection, management, analysis, and
distribution of data and one or more projects where the basic
infrastructure and institutional mechanisms already exist for
ongoing coastal observations, to fund the operations
necessary for the collection of the common set of
observations approved by the interagency planning office.
[SEC. 4. INTERAGENCY FINANCING.
[The departments and agencies represented on the Council
are authorized to participate in interagency financing and
share, transfer, receive and spend funds appropriated to any
member of the Council for the purposes of carrying out any
administrative or programmatic project or activity under this
Act or under the National Oceanographic Partnership Program
(10 U.S.C. 7901), including support for a common
infrastructure and system integration for an ocean and
coastal observing system. Funds may be transferred among such
departments and agencies through an appropriate instrument
that specifies the goods, services, or space being acquired
from another Council member and the costs of the same.
[SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
[(a) Observing System Authorization.--For development and
implementation of an integrated ocean and coastal observing
system under section 3, including financial assistance to
regional coastal ocean observing systems and in addition to
any amounts previously authorized, there are authorized to be
appropriated to--
[(1) the National Oceanic and Atmospheric Administration,
$83,000,000 in fiscal year 2004, $87,250,000 in fiscal year
2005, $91,500,000 in fiscal year 2006, $96,000,000 in fiscal
year 2007, and $100,000,000 in fiscal year 2008;
[(2) the National Science Foundation, $25,000,000 in fiscal
year 2004, $26,250,000 in fiscal year 2005, $27,500,000 in
fiscal year 2006, $29,000,000 in fiscal year 2007, and
$30,500,000 in fiscal year 2008;
[(3) the National Aeronautics and Space Administration,
$30,000,000 in fiscal year 2004, $31,500,000 in fiscal year
2005, $33,000,000 in fiscal year 2006, and $34,750,000 in
each of fiscal years 2007 and 2008;
[(4) the United States Coast Guard, $8,000,000 in fiscal
year 2004, $8,400,000 in fiscal year 2005, $9,700,000 in
fiscal year 2006,
[[Page S13737]]
$9,500,000 in fiscal year 2007, and $9,750,000 in fiscal year
2008;
[(5) the Office of Naval Research, $25,000,000 in fiscal
year 2004, $26,250,000 in fiscal year 2005, $27,500,000 in
fiscal year 2006, $29,000,000 in fiscal year 2007, and
$30,500,000 in fiscal year 2008;
[(6) the Office of the Oceanographer of the Navy,
$30,000,000 in fiscal year 2004, $31,500,000 in fiscal year
2005, $33,000,000 in fiscal year 2006, $34,750,000 in fiscal
year 2007, and $36,500,000 in fiscal year 2008; and
[(7) other Federal agencies with operational coastal or
ocean monitoring systems or which provide funds to States for
such systems, $15,000,000 in each of fiscal years 2004
through 2008.
[(b) Regional Coastal Observing Systems.--The Administrator
of the National Oceanic and Atmospheric Administration shall
make at least 51 percent of the funds appropriated pursuant
to subsection (a)(1) available as grants for the development
and implementation of the regional coastal observing systems
based on the plans adopted by the Council and may be used to
leverage non-Federal funds.
[(c) Availability.--Sums authorized to be appropriated by
this section shall remain available until expended.]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ocean and Coastal
Observation Systems Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The 95,000-mile coastline of the United States is vital
to the Nation's homeland security, transportation, trade,
environmental and human health, recreation and tourism, food
production, scientific research and education, historical and
cultural heritage, and energy production.
(2) More than half the Nation's population lives and works
in coastal communities that together make up 11 percent of
its land and its most ecologically and economically important
regions, supporting approximately 190 sea ports, containing
most of our largest cities, and providing access to coastal
waters rich in natural resources.
(3) More than 95 percent of the Nation's trade moves by sea
and nearly half of all goods, including energy products,
carried in maritime commerce are hazardous materials.
(4) The rich biodiversity of marine organisms provides
society with essential food resources, a promising source of
marine products with commercial and medical potential, and an
important contribution to the national economy.
(5) The oceans drive climate and weather factors causing
severe weather events and threatening the health of coastal
ecosystems and communities by creating or affecting both
natural and man-made coastal hazards such as hurricanes,
tsunamis, erosion, oil spills, harmful algal blooms, hypoxia,
and pollution, which can pose threats to human health.
(6) Each year, the United States Coast Guard relies on
ocean information to save 4,380 people, conducts over 65,000
rescue missions, and carries out more than 11,680
environmental cleanups and responses to pollution.
(7) Safeguarding homeland security requires improved
monitoring of the Nation's ports and coastline, including the
ability to track vessels and to provide rapid response teams
with real-time environmental conditions necessary for their
work.
(8) Advances in ocean technologies and scientific
understanding have made possible long-term and continuous
observation from space and in situ of ocean characteristics
and conditions.
(9) Many elements of an ocean and coastal observing system
are in place, though in a patchwork manner that is
fragmented, intermittent, incomplete, and not integrated.
(10) Important coastal uses, such as tourism, recreation,
and fishing, require assurance of healthy coastal waters, and
while the interagency National Coast Condition Report
provides an annual assessment of the status and quality of
coastal waters, substantial data gaps exist that could be
reduced through measurement of coastal quality through a
coordinated observing system that incorporates Federal,
State, and local monitoring programs.
(11) National investment in a sustained and integrated
ocean and coastal observing system and in coordinated
programs of research would assist this Nation and the world
in understanding the oceans and the global climate system,
strengthen homeland security, improve weather and climate
forecasts, strengthen management of marine resources, improve
the safety and efficiency of maritime operations, and
mitigate coastal hazards.
(b) Purposes.--The purposes of this Act are to provide
for--
(1) development and maintenance of an integrated system
that provides for sustained ocean and coastal observations
from in situ, remote, and vessel platforms, and that promotes
the national goals of assuring national security, advancing
economic development, conserving living marine resources,
protecting quality of life and the marine environment, and
strengthening science education and communication through
improved knowledge of the ocean;
(2) implementation of a research and development program to
enhance security at United States ports and minimize security
risks; and
(3) implementation of a data and information system
required by all components of an integrated ocean and coastal
observing system and related research.
SEC. 3. INTEGRATED OCEAN AND COASTAL OBSERVING SYSTEM.
(a) Establishment.--The President, through the National
Ocean Research Leadership Council, established by section
7902(a) of title 10, United States Code, (hereinafter
referred to as the ``Council''), shall establish and maintain
an integrated system of marine monitoring, data communication
and management, data analysis, and research designed to
provide data and information for the rapid and timely
detection and prediction of changes occurring in the marine
environment that impact the Nation's social, economic, and
ecological systems. Such an integrated ocean and coastal
observing system shall provide for long-term and continuous
observations of the oceans and coasts for the following
purposes:
(1) Strengthening homeland security.
(2) Improving weather forecasts and public warnings of
natural disasters and coastal hazards and mitigating such
disasters and hazards.
(3) Understanding, assessing, and responding to human-
induced and natural processes of global change.
(4) Enhancing the safety and efficiency of marine
operations.
(5) Supporting efforts to protect, maintain, and restore
the health of and manage coastal and marine ecosystems and
living resources.
(6) Enhancing public health.
(7) Monitoring and evaluating the effectiveness of ocean
and coastal environmental policies.
(8) Conducting focused research to enhance the national
understanding of coastal and global ocean systems.
(9) Providing information that contributes to public
awareness of the condition and importance of the oceans.
(b) Council Functions.--In carrying out responsibilities
under this section, the Council shall--
(1) serve as the lead entity providing oversight of Federal
ocean and coastal observing requirements and activities;
(2) adopt and maintain plans for the design, operation, and
improvement of such system;
(3) establish an interagency planning office to carry out
the duties described in subsection (c);
(4) coordinate and administer a program of research and
development under the National Oceanographic Partnership
Program (10 U.S.C. 7901) to support the operation of an
integrated ocean and coastal observing system and advance the
understanding of the oceans;
(5) establish a joint operations center to be maintained by
the Administrator of the National Oceanic and Atmospheric
Administration, in consultation with other Federal agencies;
and
(6) provide, as appropriate, support for and representation
on United States delegations to international meetings on
ocean and coastal observing programs and in consultation with
the Secretary of State to coordinate relevant Federal
activities with those of other nations.
(c) Interagency Program Office.--There is established under
the Council an interagency planning office. It shall--
(1) promote collaboration among agencies;
(2) promote collaboration among regional coastal observing
systems established pursuant to subsection (f);
(3) prepare annual and long-term plans for consideration by
the Council for the design and implementation of an
integrated ocean and coastal observing system, including the
regional coastal observing systems and taking into account
the science and technology advances considered ready for
operational status;
(4) provide information for the development of agency
budgets;
(5) identify requirements for a common set of measurements
to be collected and distributed;
(6) establish standards and protocols for quality control
and data management and communications, in consultation with
the Joint Operations Center established pursuant to
subsection (d);
(7) work with regional coastal observing entities, the
National Sea Grant College Program, and other bodies as
needed to assess user needs, develop data products, make
effective use of existing capabilities, and incorporate new
technologies, as appropriate; and
(8) coordinate program planning and implementation.
(d) Joint Operations Center.--The Administrator of the
National Oceanic and Atmospheric Administration, in
consultation with the Oceanographer of the Navy, the
Administrator of the National Aeronautics and Space
Administration, the Director of the National Science
Foundation, the Commandant of the Coast Guard, the Under
Secretary for Science and Technology of the Department of
Homeland Security, and any other member of the Council as the
Council may, by memorandum of agreement, select--
(1) shall operate and maintain a joint operations center
that reports to the Council; and
(2) is authorized--
(A) to acquire, integrate, and deploy required technologies
and provide support for an ocean and coastal observing system
based on annual long-term plans developed by the interagency
planning office;
(B) to implement standards and protocols developed in
consultation with the interagency planning office for--
(i) network operations and data access;
(ii) quality control and assessment of data and design;
(iii) data access and management, including data transfer
protocols and archiving;
(iv) testing and employment of forecast models for ocean
conditions; and
(v) system products;
(C) to migrate science and technology advancements from
research and development to operational deployment based on
the annual and long-term plans of the interagency program
office;
(D) to integrate and extend existing programs into an
operating ocean and coastal observing system based on the
annual and long-term plans of the interagency program office;
(E) to coordinate the data communication and management
system;
[[Page S13738]]
(F) to provide products and services as specified by
national, regional, and international users;
(G) to certify that regional coastal observing systems meet
the standards established in subsection (f) and to ensure a
periodic process for review and recertification of the
regional coastal observing systems; and
(H) to implement standards to ensure compatibility and
interoperability among existing and planned system
components.
(e) System Elements.--
(1) In general.--The integrated ocean and coastal observing
system shall consist of the following closely linked
components:
(A) A global ocean system to make observations in all
oceans (including chemical, physical, and biological
observations) for the purpose of documenting, at a minimum,
long-term trends in sea level change, ocean carbon sources
and sinks, and heat uptake and release by the ocean; and to
monitor ocean locations for signs of abrupt or long-term
changes in ocean circulation leading to changes in climate.
(B) The national network of observations and data
management that establishes reference and sentinel stations,
links the global ocean system to local and regional
observations, and provides data and information required by
multiple regions.
(C) Regional coastal observing systems that provide
information through the national network and detect and
predict conditions and events on a regional scale through the
measurement and dissemination of a common set of ocean and
coastal observations and related products in a uniform manner
and according to sound scientific practice using national
standards and protocols.
(2) Subsystem linkage.--The integrated ocean and coastal
observing system shall link 3 subsystems for rapid access to
data and information:
(A) An observing subsystem to measure, manage, and serve a
common set of chemical, physical, geological, and biological
variables required to achieve the purpose of this Act on time
scales required by users of the system.
(B) An ocean and coastal data management and assimilation
subsystem that provides for organization, cataloging, and
dissemination of data and information to ensure full use and
long term archival.
(C) A data analysis and applications subsystem to translate
data into products and services in response to user needs and
requirements.
(3) Integration of existing centers.--The integrated ocean
and coastal observing system shall integrate the capabilities
of the Coast Services Center and the National Coastal Data
Development Center of the National Oceanic and Atmospheric
Administration, and other appropriate centers.
(4) Research and development.--A research and development
program for the integrated ocean and coastal observing system
shall be conducted under the National Oceanographic
Partnership Program and shall consist of the following
elements:
(A) Coastal, relocatable, and cabled sea floor
observatories.
(B) Focused research projects to improve understanding of
the relationship between the oceans and human activities.
(C) Applied research to develop new observing technologies
and techniques, including data management and dissemination.
(D) Large scale computing resources and research to improve
ocean processes modeling.
(E) Programs to improve public education and awareness of
the marine environment and its goods and services.
(f) Regional Coastal Observing Systems.--The Administrator
of the National Oceanic and Atmospheric Administration,
through the Joint Operations Center, shall work with
representatives of entities in each region that provide ocean
data and information to users to form regional associations.
The regional associations shall be responsible for the
development and operation of observing systems in the coastal
regions extending to the seaward boundary of the United
States Exclusive Economic Zone, including the Great Lakes.
Participation in a regional association may consist of legal
entities including, research institutions, institutions of
higher learning, for-profit corporations, non-profit
corporations, State, local, and regional agencies, and
consortia of 2 or more such institutions or organizations
that--
(1) have demonstrated an organizational structure capable
of supporting and integrating all aspects of a coastal ocean
observing system within a region or subregion;
(2) have prepared an acceptable business plan including
research components and gained documented acceptance of its
intended regional or sub-regional jurisdiction by users and
other parties of interest within the region or sub-region
with the objectives of--
(A) delivering an integrated and sustained system that
meets national goals;
(B) incorporating into the system existing and appropriate
regional observations collected by Federal, State, regional,
or local agencies;
(C) responding to the needs of the users, including the
public, within the region;
(D) maintaining sustained, 24-hour-a-day operations and
disseminating observations in a manner that is routine,
predictable and, if necessary, in real-time or near real-
time;
(E) providing services that include the collection and
dissemination of data and data management for timely access
to data and information;
(F) creating appropriate products that are delivered in a
timely fashion to the public and others who use, or are
affected by, the oceans;
(G) providing free and open access to the data collected
with financial assistance under this Act; and
(H) adhering to national standards and protocols to ensure
that data and related products can be fully exchanged among
all of the regional coastal systems and will be accessible to
any user in any part of the nation.
(3) For purposes of determining the civil liability under
section 2671 of title 28, United States Code, any regional
observing system and any employee thereof that is designated
part of a regional association under this subsection shall be
deemed to be an instrumentality of the United States with
respect to any act or omission committed by any such
system or any employee thereof in fulfilling the purposes
of this Act.
(g) Pilot Projects.--
(1) In general.--The Administrator, in consultation with
the interagency planning office, shall initiate pilot
projects through the National Oceanographic Partnership
Program. A pilot project is an organized, planned set of
activities designed to provide an evaluation of technology,
methods, or concepts within a defined schedule and having the
goal of advancing the development of the sustained,
integrated ocean observing system. The pilot projects will--
(A) develop protocols for coordinated implementation of the
full system;
(B) design and implement regional coastal ocean observing
systems;
(C) establish mechanisms for the exchange of data between
and among regions and Federal agencies;
(D) specify products and services and related requirements
for observations, data management, and analysis in
collaboration with user groups; and
(E) develop and test new technologies and techniques to
improve all three subsystems to more effectively meet the
needs of users of the system.
(2) Infrastructure capital projects.--The pilot projects
shall include one or more projects to capitalize the
infrastructure for the collection, management, analysis, and
distribution of data and one or more projects where the basic
infrastructure and institutional mechanisms already exist for
ongoing coastal observations, to fund the operations
necessary for the collection of the common set of
observations approved by the interagency planning office.
SEC. 4. INTERAGENCY FINANCING.
The departments and agencies represented on the Council are
authorized to participate in interagency financing and share,
transfer, receive and spend funds appropriated to any member
of the Council for the purposes of carrying out any
administrative or programmatic project or activity under this
Act or under the National Oceanographic Partnership Program
(10 U.S.C. 7901), including support for a common
infrastructure and system integration for an ocean and
coastal observing system. Funds may be transferred among such
departments and agencies through an appropriate instrument
that specifies the goods, services, or space being acquired
from another Council member and the costs of the same.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Observing System Authorization.--For development and
implementation of an integrated ocean and coastal observing
system under section 3, including financial assistance to
regional coastal ocean observing systems and in addition to
any amounts previously authorized, there are authorized to be
appropriated to--
(1) the National Oceanic and Atmospheric Administration,
$83,000,000 in fiscal year 2004, $87,250,000 in fiscal year
2005, $91,500,000 in fiscal year 2006, $96,000,000 in fiscal
year 2007, and $100,000,000 in fiscal year 2008;
(2) the National Science Foundation, $25,000,000 in fiscal
year 2004, $26,250,000 in fiscal year 2005, $27,500,000 in
fiscal year 2006, $29,000,000 in fiscal year 2007, and
$30,500,000 in fiscal year 2008;
(3) the National Aeronautics and Space Administration,
$30,000,000 in fiscal year 2004, $31,500,000 in fiscal year
2005, $33,000,000 in fiscal year 2006, and $34,750,000 in
each of fiscal years 2007 and 2008;
(4) the United States Coast Guard, $8,000,000 in fiscal
year 2004, $8,400,000 in fiscal year 2005, $9,700,000 in
fiscal year 2006, $9,500,000 in fiscal year 2007, and
$9,750,000 in fiscal year 2008;
(5) the Office of Naval Research, $25,000,000 in fiscal
year 2004, $26,250,000 in fiscal year 2005, $27,500,000 in
fiscal year 2006, $29,000,000 in fiscal year 2007, and
$30,500,000 in fiscal year 2008;
(6) the Office of the Oceanographer of the Navy,
$30,000,000 in fiscal year 2004, $31,500,000 in fiscal year
2005, $33,000,000 in fiscal year 2006, $34,750,000 in fiscal
year 2007, and $36,500,000 in fiscal year 2008; and
(7) other Federal agencies with operational coastal or
ocean monitoring systems or which provide funds to States for
such systems, $15,000,000 in each of fiscal years 2004
through 2008.
(b) Regional Coastal Observing Systems.--The Administrator
of the National Oceanic and Atmospheric Administration shall
make at least 51 percent of the funds appropriated pursuant
to subsection (a)(1) available as grants for the development
and implementation of the regional coastal observing systems
based on the plans adopted by the Council and may be used to
leverage non-Federal funds.
(c) High-Frequency Surface Wave Radar.--The Administrator
of the National Oceanic and Atmospheric Administration may
make available $3,000,000 of the funds appropriated pursuant
to subsection (a)(1) for fiscal year 2004 to demonstrate the
capabilities of shore-based high-frequency surface wave radar
to measure real-time wave height, wave velocity, wave period,
tidal velocity, and wind speed within and beyond the
Exclusive Economic Zone of the United States.
(d) Availability.--Sums authorized to be appropriated by
this section shall remain available until expended.
Ms. SNOWE. Mr. President, I thank you for allowing the Senate to
consider
[[Page S13739]]
S. 1400, the Ocean and Coastal Observation Systems Act of 2003. I would
also like to thank several of my colleagues for co-sponsoring this
bill, including Senators Kerry, McCain, Hollings, Breaux, Inouye, Lott,
Boxer, and Collins.
Those familiar with the challenges of trying to monitor and predict
ocean and marine environmental conditions--whether for marine science,
resource management, and maritime transportation and safety--are aware
of our tremendous need for better collection of basic ocean data. This
bill, the Ocean and Coastal Observation Systems Act of 2003, would
develop and formalize an integrated network of ocean observing systems
around our Nation's coastlines, thereby allowing comprehensive and
consistent ocean data to be gathered and fulfilling this critical
information need. It would revolutionize our Nation's efforts in
collecting, processing, and communicating ocean and coastal data.
Like other coastal states, Maine has an enduring connection to the
ocean. We are highly dependent on the fisheries resources and other
essential services provided to us by the sea, and we understand that
our lives and livelihoods are firmly rooted in how well we understand
and adapt to ocean conditions. This became much easier to do in 2001,
when the Gulf of Maine Ocean Observing System, or GoMOOS, deployed ten
observation buoys in the Gulf of Maine. This prototype system has
transformed how we gather information about the ocean and track ocean
conditions over time. On the surface, these buoys measure currents,
temperature, salinity, turbidity, dissolved oxygen, and other key
environmental variables. By modifying the instrumentation, other data
can be gathered from these platforms.
What sets the GoMOOS observation system apart from the traditional
data gathering approach, however, is that it takes all these ocean and
surface condition measurements on an hourly basis through a network of
linked buoys, and these near real-time measurements can be monitored
and accessed by the general public through the internet. GoMOOS thereby
provides a tremendous public service.
The need for this type of ocean data gathering and access is not
limited to the Gulf of Maine. The U.S. coastline spans 95,000 miles,
and all States that border our oceans and Great Lakes would benefit
from this service. Ocean and coastal observing systems have been
planned or developed for other coastal regions, many in conjunction
with the National Oceanic and Atmospheric Administration, State coastal
management agencies, universities, and other regional partners. These
systems, however, use different approaches for collecting, managing,
processing, and communicating data through their network, and these
data are often incompatible with data from other regions. As a result,
we lose a valuable opportunity to develop a comprehensive picture of
coastal and ocean conditions around the Nation.
S. 1400, the Ocean and Coastal Observation Systems Act, seeks to
solve this problem. This bill would coordinate ocean and coastal
observation efforts with the support of the Federal Government. It
would help develop regional observation systems, link them through a
nationwide network, and provide public access to the information so
anyone can better understand and track ocean and coastal conditions. It
would call on the National Ocean Research Leadership Council to design,
operate, and improve a Nationwide observation system, as well as
administer an ocean data research and development program. This Council
would plan these activities through a collaborative interagency
planning office and carry them out through a joint operations center.
The American public--over half of which lives along our coastlines--
will be very well served through the many uses and applications of this
system. Fisheries, scientists, and managers can use this information to
predict ocean conditions that affect productivity and utilize this
information in resource management. Fishermen, sailors, Coast Guard
search-and-rescue units, the military, and others who traverse the
ocean can better predict safe sea conditions, and shippers can
transport goods more efficiently, Ocean scientists and regulators can
better understand, predict, and rapidly respond to marine pollution.
Educators and students can learn more about marine science. Clearly,
anyone who relies upon the ocean stands to benefit from this Nationwide
observation system.
Mr. President, as Chair of the Subcommittee on Oceans, Fisheries, and
Coast Guard and as a coastal State Senator, I am extremely proud to
sponsor and support this bill. Considering the tremendous public good
and services that these systems provide, it is imperative that we in
Congress facilitate the development and funding of a national,
integrated, and sustained ocean observation network. We can do this by
passing the Ocean and Coastal Observation Systems Act. Following action
by the Senate, I encourage the House of Representatives to take action
on this bill to facilitate its passage into law. I am confident that
this bill, once enacted, will serve the public well by facilitating
better understanding of our Nation's oceans and coasts, and I thank my
colleagues for supporting it.
Mr. McCONNELL. Mr. President, I ask unanimous consent the committee
amendment be agreed to, the bill be read a third time and passed, the
motions to reconsider be laid upon the table, and that any statements
relating to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment in the nature of a substitute was agreed to.
The bill (S. 1400), as amended, was passed.
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