[Congressional Record Volume 151, Number 14 (Thursday, February 10, 2005)]
[Senate]
[Pages S1293-S1295]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE (for herself, Mr. Kerry, Mr. Stevens, Mr. Inouye, 
        and Ms. Collins):
  S. 361. A bill to develop and maintain an integrated system of ocean 
and coastal observations for the Nation's coasts, oceans and Great 
Lakes, improve warnings of tsunamis and other natural hazards, enhance 
homeland security, support maritime operations, and for other purposes; 
to the Committee on Commerce, Science, and Transportation.
  Ms. SNOWE. Mr. President, I rise today to introduce the Ocean and 
Coastal Observation Systems Act of 2005, a bill that would forever 
change our understanding of the marine environment.
  As our Nation saw with the devastating Indian Ocean tsunami only 
weeks ago, the oceans are alive and ever-changing. While our Nation's 
coast escaped the direct reach of this recent tragedy, it reminds us 
that those who live near or along our Nation's 95,000-plus miles of 
shoreline need to be able to monitor a range of ocean conditions and 
quickly assess ocean-based threats, including tsunamis, hurricanes, 
harmful algal blooms, and pollution. The purpose of this bill is to 
fulfil these needs for ocean and coastal observation and warning 
systems surrounding the United States.
  This bi-partisan, science-based bill would authorize the National 
Oceanic and Atmospheric Administration, or NOAA, to establish and 
maintain an integrated network of ocean observing and communication 
systems around our Nation's coastlines. This system would collect 
instantaneous data and information on ocean conditions--such as 
temperature, wave height, wind speed, currents, dissolved oxygen, 
salinity, contaminants, and other variables--that are essential to 
marine science and resource management as well as maritime 
transportation, safety, and commerce.
  As Chair of the Fisheries and Coast Guard Subcommittee of the 
Commerce, Science, and Transportation Committee, and as a 
representative of a state with more than 5,000 miles of shoreline, I 
want to ensure that the citizens of Maine, and all coastal states, have 
the tools they need to monitor and assess what is happening off their 
shores. The State of Maine has a strong and proud history rooted in our 
connection to the sea, as do other coastal states, and our coastal 
communities are highly dependent on the fisheries resources, coastal 
habitats, tourist destinations, safe harbors, and other essential 
services connected to the sea. The people of this country's livelihoods 
are directly linked to how well we understand and adapt to changing 
ocean conditions.
  Our ability to understand ocean dynamics took a great leap forward in 
2001, when marine scientists and educators launched an innovative 
partnership known as the Gulf of Maine Ocean Observing System, or 
GoMOOS, to start gathering a range of ocean data on a large regional 
scale. This prototype system, which started with ten observation buoys, 
has transformed how we observe and track ocean conditions over time. 
The GoMOOS system takes ocean and surface condition measurements on an 
hourly basis through a network of linked buoys, and these real-time 
measurements can be monitored and accessed by the public via the GoMOOS 
Web site. The unprecedented geographical range and frequency of 
measurements revolutionized our knowledge about the Gulf of Maine, and 
GoMOOS continues to provide a tremendous public service for New 
England.

  Of course, the need to access this type of ocean information is not 
limited to the Gulf of Maine. Similar observing systems are planned or 
developed in other coastal regions, many in conjunction with NOAA, 
universities, and State agencies. Data from these independent regional 
systems, however, are often incompatible with data from other regions, 
making it difficult to compile, manage, process, and communicate data 
across networks. As a result, there is a possibility that these systems 
would be unable to link their data and develop a comprehensive picture 
of coastal and ocean conditions around the Nation.
  The Ocean and Coastal Observation Systems Act of 2005 seeks to 
rectify this situation by integrating ocean and coastal observation 
efforts in cooperation with NOAA. This Act would encourage further 
development of the regional systems, enable their data to be linked 
through a national network, provide information that anyone could 
access, and facilitate timely public warnings of hazardous ocean 
conditions. It would authorize the National Ocean Research Leadership 
Council to have general oversight for research and

[[Page S1294]]

development of this national undertaking. This Council would establish 
an interagency program office that would plan and coordinate 
operational activities and budgets, and NOAA would be the lead Federal 
agency charged with ensuring that this national network of regional 
observation associations, such as GoMOOS and others under development, 
effectively integrates and utilizes ocean data for the benefit of the 
American public.
  As the U.S. Ocean Commission made clear in its final report issued in 
September 2004, ocean and coastal observations are a cornerstone of 
sound marine science, management, and commerce, and the potential uses 
of this system are nearly unlimited. For example, fisheries scientists 
and managers can use ocean data to better predict ocean productivity 
and use this information to facilitate ecosystem management. Fishermen, 
sailors, shippers, Coast Guard search-and-rescue units, and other 
seafarers can better monitor sea conditions to more safely navigate 
rough seas. Ocean scientists and regulators can better predict and 
respond to marine pollution, harmful algal bloom outbreaks, or other 
hazardous conditions and issue prompt alerts to potentially vulnerable 
communities. Clearly, anyone who uses and depends upon the ocean stands 
to benefit from this integrated system.
  I am very proud to introduce this bill, and I would like to thank my 
cosponsors, Senators Kerry, Stevens, and Inouye, for contributing to 
this legislation and supporting this national initiative. Of course, 
our current and expanding ocean observation and communication system 
would not be possible without the work of dedicated professionals in 
the ocean and coastal science, management, and research communities--
they have taken the initiative to develop the grassroots regional 
observation systems as well as contribute to this legislation. Thanks 
to their ongoing efforts, ocean observations will continue to provide a 
tremendous service to the American ocean-dependent public.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 361

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ocean and Coastal 
     Observation System Act of 2005''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) Ocean and coastal observations provide vital 
     information for protecting human lives and property from 
     marine hazards, enhancing national and homeland security, 
     predicting weather and global climate change, improving ocean 
     health and providing for the protection, sustainable use, and 
     enjoyment of the resources of the Nation's coasts, oceans, 
     and Great Lakes.
       (2) The continuing and potentially devastating threat posed 
     by tsunamis, hurricanes, storm surges, and other marine 
     hazards requires immediate implementation of strengthened 
     observation and communications systems to provide timely 
     detection, assessment, and warnings to the millions of people 
     living in coastal regions of the United States and throughout 
     the world.
       (3) The 95,000-mile coastline of the United States, 
     including the Great Lakes, is vital to the Nation's 
     prosperity, contributing over $117 billion to the national 
     economy in 2000, supporting jobs for more than 200 million 
     Americans, handling $700 billion in waterborne commerce, and 
     supporting commercial and sport fisheries valued at more than 
     $50 billion annually.
       (4) Safeguarding homeland security, conducting search and 
     rescue operations, responding to natural and man-made coastal 
     hazards such as oil spills and harmful algal blooms, and 
     managing fisheries and other coastal activities require 
     improved monitoring of the Nation's waters and coastline, 
     including the ability to track vessels and to provide rapid 
     response teams with real-time environmental conditions 
     necessary for their work.
       (5) While knowledge of the ocean and coastal environment 
     and processes is far from complete, advances in sensing 
     technologies and scientific understanding have made possible 
     long-term and continuous observation from shore, from space, 
     and in situ of ocean and coastal characteristics and 
     conditions.
       (6) Many elements of a ocean and coastal observing system 
     are in place, but require national investment, consolidation, 
     completion, and integration at Federal, regional, State, and 
     local levels.
       (7) The Commission on Ocean Policy recommends a national 
     commitment to a sustained and integrated ocean and coastal 
     observing system and to coordinated research programs in 
     order to assist the Nation and the world in understanding the 
     oceans and the global climate system, enhancing homeland 
     security, improving weather and climate forecasts, 
     strengthening management of ocean and coastal resources, 
     improving the safety and efficiency of maritime operations, 
     and mitigating marine hazards.
       (8) In 2003, the United States led more than 50 nations in 
     affirming the vital importance of timely, quality, long-term 
     global observations as a basis for sound decision-making, 
     recognizing the contribution of observation systems to meet 
     national, regional, and global needs, and calling for 
     strengthened cooperation and coordination in establishing a 
     Global Earth Observation System of Systems, of which an 
     integrated ocean and coastal observing system is an essential 
     part.
       (b) Purposes.--The purposes of this Act are to provide 
     for--
       (1) the development and maintenance of an integrated ocean 
     and coastal observing system that provides the data and 
     information to ensure national security and public safety, 
     support economic development, sustain and restore healthy 
     marine ecosystems and the resources they support, enable 
     advances in scientific understanding of the oceans, and 
     strengthen science education and communication;
       (2) implementation of research and development and 
     education programs to improve understanding of the oceans and 
     Great Lakes and achieve the full national benefits of an 
     integrated ocean and coastal observing system;
       (3) implementation of a data and information management 
     system required by all components of an integrated ocean and 
     coastal observing system and related research to develop 
     early warning systems; and
       (4) establishment of a system of regional ocean and coastal 
     observing systems to address local needs for ocean 
     information.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Council.--The term ``Council'' means the National Ocean 
     Research Leadership Council established under section 7902(a) 
     of title 10, United States Code.
       (2) Observing system.--The term ``observing system'' means 
     the integrated coastal, ocean and Great Lakes observing 
     system to be established by the Committee under section 4(a).
       (3) National Oceanographic Partnership Program.--The term 
     ``National Oceanographic Partnership Program'' means the 
     program established under section 7901 of title 10, United 
     States Code.
       (4) Interagency program office.--The term ``interagency 
     program office'' means the office established under section 
     4(d).

     SEC. 4. INTEGRATED OCEAN AND COASTAL OBSERVING SYSTEM.

       (a) Establishment.--The President, acting through the 
     Council, shall establish and maintain an integrated system of 
     ocean and coastal observations, data communication and 
     management, analysis, modeling, research, and education 
     designed to provide data and information for the timely 
     detection and prediction of changes occurring in the ocean 
     and coastal environment that impact the Nation's social, 
     economic, and ecological systems. The observing system shall 
     provide for long-term, continuous and quality-controlled 
     observations of the coasts, oceans, and Great Lakes for the 
     following purposes:
       (1) Improving the health of the Nation's coasts, oceans, 
     and Great Lakes.
       (2) Protecting human lives and livelihoods from hazards 
     such as tsunamis, hurricanes, coastal erosion, and 
     fluctuating Great Lakes water levels.
       (3) Supporting national defense and homeland security 
     efforts.
       (4) Understanding the effects of human activities and 
     natural variability on the state of the coasts and oceans and 
     the Nation's socioeconomic well-being.
       (5) Measuring, explaining, and predicting environmental 
     changes.
       (6) Providing for the sustainable use, protection, and 
     enjoyment of ocean and coastal resources.
       (7) Providing a scientific basis for implementation and 
     refinement of ecosystem-based management.
       (8) Educating the public about the role and importance of 
     the oceans and Great Lakes in daily life.
       (9) Tracking and understanding climate change and the ocean 
     and Great Lakes' roles in it.
       (10) Supplying critical information to marine-related 
     businesses such as marine transportation, aquaculture, 
     fisheries, and offshore energy production.
       (11) Supporting research and development to ensure 
     continuous improvement to ocean and coastal observation 
     measurements and to enhance understanding of the Nation's 
     ocean and coastal resources.
       (b) System Elements.--In order to fulfill the purposes of 
     this Act, the observing system shall consist of the following 
     program elements:
       (1) A national program to fulfill national observation 
     priorities, including the Nation's ocean contribution to the 
     Global Earth Observation System of Systems and the Global 
     Ocean Observing System.

[[Page S1295]]

       (2) A network of regional associations to manage the 
     regional ocean and coastal observing and information programs 
     that collect, measure, and disseminate data and information 
     products to meet regional needs.
       (3) A data management and communication system for the 
     timely integration and dissemination of data and information 
     products from the national and regional systems.
       (4) A research and development program conducted under the 
     guidance of the Council.
       (5) An outreach, education, and training program that 
     augments existing programs, such as the National Sea Grant 
     College Program and the Centers for Ocean Sciences Education 
     Excellence program, to ensure the use of the data and 
     information for improving public education and awareness of 
     the Nation's oceans and building the technical expertise 
     required to operate and improve the observing system.
       (c) Council Functions.--In carrying out responsibilities 
     under this section, the Council shall--
       (1) serve as the oversight body for the design and 
     implementation of all aspects of the observing system;
       (2) adopt plans, budgets, and standards that are developed 
     and maintained by the interagency program office in 
     consultation with the regional associations;
       (3) coordinate the observing system with other earth 
     observing activities including the Global Ocean Observing 
     System and the Global Earth Observing System of Systems;
       (4) coordinate and administer programs of research and 
     development and education to support improvements to and the 
     operation of an integrated ocean and coastal observing system 
     and to advance the understanding of the oceans;
       (5) establish pilot projects to develop technology and 
     methods for advancing the development of the observing 
     system;
       (6) support the development of institutional mechanisms to 
     further the goals of the program and provide for the 
     capitalization of the required infrastructure;
       (7) provide, as appropriate, support for and representation 
     on United States delegations to international meetings on 
     ocean and coastal observing programs, including those under 
     the jurisdiction of the International Joint Commission 
     involving Canadian waters; and
       (8) in consultation with the Secretary of State, coordinate 
     relevant Federal activities with those of other nations.
       (d) Interagency Program Office.--The Council shall 
     establish an interagency program office to be known as 
     ``OceanUS''. The interagency program office shall be 
     responsible for program planning and coordination of the 
     observing system. The interagency program office shall--
       (1) prepare annual and long-term plans for consideration by 
     the Council for the design and implementation of the 
     observing system that promote collaboration among Federal 
     agencies and regional associations in developing the global 
     and national observing systems, including identification and 
     refinement of a core set of variables to be measured by all 
     systems;
       (2) coordinate the development of agency priorities and 
     budgets for implementation of the observing system, including 
     budgets for the regional associations;
       (3) establish and refine standards and protocols for data 
     management and communications, including quality standards, 
     in consultation with participating Federal agencies and 
     regional associations;
       (4) develop a process for the certification of the regional 
     associations and their periodic review and recertification; 
     and
       (5) establish an external technical committee to provide 
     biennial review of the observing system.
       (e) Lead Federal Agency.--The National Oceanic and 
     Atmospheric Administration shall be the lead Federal agency 
     for implementation and operation of the observing system. 
     Based on the plans prepared by the interagency program office 
     and adopted by the Council, the Administrator of the National 
     Oceanic and Atmospheric Administration shall--
       (1) coordinate implementation, operation and improvement of 
     the observing system;
       (2) establish efficient and effective administrative 
     procedures for allocation of funds among Federal agencies and 
     regional associations in a timely manner and according to the 
     budget adopted by the Council;
       (3) implement and maintain appropriate elements of the 
     observing system;
       (4) provide for the migration of scientific and 
     technological advances from research and development to 
     operational deployment;
       (5) integrate and extend existing programs and pilot 
     projects into the operational observation system; and
       (6) certify regional associations that meet the 
     requirements of subsection (f).
       (f)  Regional Associations of Ocean and Coastal Observing 
     Systems.--The Administrator of the National Oceanic and 
     Atmospheric Administration may certify one or more regional 
     associations to be responsible for the development and 
     operation of regional ocean and coastal observing systems to 
     meet the information needs of user groups in the region while 
     adhering to national standards. To be certifiable by the 
     Administrator, a regional association shall--
       (1) demonstrate an organizational structure capable of 
     supporting and integrating all aspects of ocean and coastal 
     observing and information programs within a region;
       (2) operate under a strategic operations and business plan 
     that details the operation and support of regional ocean and 
     coastal observing systems pursuant to the standards 
     established by the Council;
       (3) provide information products for multiple users in the 
     region;
       (4) work with governmental entities and programs at all 
     levels within the region to provide timely warnings and 
     outreach and education to protect the public; and
       (5) meet certification standards developed by the 
     interagency program office in conjunction with the regional 
     associations and approved by the Council.
       (g) Civil Liability.--For purposes of section 1346(b)(1) 
     and chapter 171 of title 28, United States Code, the Suits in 
     Admiralty Act (46 U.S.C. App. 741 et seq.), and the Public 
     Vessels Act (46 U.S.C. App. 781 et seq.), any regional ocean 
     and coastal observing system that is a designated part of a 
     regional association certified under this section shall, in 
     carrying out the purposes of this Act, be deemed to be part 
     of the National Oceanic and Atmospheric Administration, and 
     any employee of such system, while acting within the scope of 
     his or her employment in carrying out such purposes, shall be 
     deemed to be an employee of the Government.

     SEC. 5. RESEARCH AND DEVELOPMENT AND EDUCATION.

       The Council shall establish programs for research and 
     development and education for the ocean and coastal observing 
     system, including projects under the National Oceanographic 
     Partnership Program, consisting of the following:
       (1) Basic research to advance knowledge of ocean and 
     coastal systems and ensure continued improvement of 
     operational products, including related infrastructure and 
     observing technology.
       (2) Focused research projects to improve understanding of 
     the relationship between the coasts and oceans and human 
     activities.
       (3) Large scale computing resources and research to advance 
     modeling of ocean and coastal processes.
       (4) A coordinated effort to build public education and 
     awareness of the ocean and coastal environment and functions 
     that integrates ongoing activities such as the National Sea 
     Grant College Program and the Centers for Ocean Sciences 
     Education Excellence.

     SEC. 6. INTERAGENCY FINANCING.

       The departments and agencies represented on the Council are 
     authorized to participate in interagency financing and share, 
     transfer, receive, obligate, and expend funds appropriated to 
     any member of the Council for the purposes of carrying out 
     any administrative or programmatic project or activity under 
     this Act or under the National Oceanographic Partnership 
     Program, including support for the interagency program 
     office, a common infrastructure, and system integration for a 
     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. 7. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the National 
     Oceanic and Atmospheric Administration for the implementation 
     of an integrated ocean and coastal observing system under 
     section 4, and the research and development program under 
     section 5, including financial assistance to the interagency 
     program office, the regional associations for the 
     implementation of regional ocean and coastal observing 
     systems, and the departments and agencies represented on the 
     Council, such sums as may be necessary for each of fiscal 
     years 2006 through 2010. At least 50 percent of the sums 
     appropriated for the implementation of the integrated ocean 
     and coastal observing system under section 4 shall be 
     allocated to the regional associations certified under 
     section 4(f) for implementation of regional ocean and coastal 
     observing systems. Sums appropriated pursuant to this section 
     shall remain available until expended.

     SEC. 8. REPORTING REQUIREMENT.

       Not later than March 31, 2010, the President, acting 
     through the Council, shall transmit to Congress a report on 
     the programs established under sections 4 and 5. The report 
     shall include a description of activities carried out under 
     the programs, an evaluation of the effectiveness of the 
     programs, and recommendations concerning reauthorization of 
     the programs and funding levels for the programs in 
     succeeding fiscal years.
                                 ______