[Congressional Record Volume 151, Number 91 (Friday, July 1, 2005)]
[Senate]
[Pages S7936-S7939]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
OCEAN AND COASTAL OBSERVATION SYSTEM ACT OF 2005
The Senate proceeded to consider the bill (S. 361) 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.
Amendment No. 1102
(Purpose: 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, improve
management of coastal and marine resources, and for other purposes)
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The amendment (No. 1102) was agreed to.
The amendment (No. 1103) was agreed to, as follows:
Amend the title so as to read ``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, and
for other purposes.''.
Ms. SNOWE. Mr. President, thank you for allowing the Senate to
consider S. 361, the Ocean and Coastal Observation Systems Act of 2005.
I must also thank my cosponsors, Senators Kerry, Stevens, Inouye,
Collins, Sarbanes, Lautenberg, Lott, and Cantwell. Their commitment to
sound, science-based marine policy enabled us to craft this critical
legislation that would do nothing less than revolutionize our
understanding of the oceans.
This bill, the Ocean and Coastal Observation Systems Act of 2005,
would create an integrated network of ocean monitoring systems around
our Nation's coastlines, enabling comprehensive ocean data to be
collected, compiled, and utilized in ways that enhance our safety,
livelihoods, and overall quality of life.
Although 140 million Americans live along our Nation's 95,000 miles
of coastline, most of these coastal residents would be surprised to
learn how little we know about what happens at and below the sea's
surface. Marine scientists strive to collect data on the biological,
physical, and chemical properties of the ocean, yet many of their
questions about our complex marine environment remain unanswered.
Moreover, there is a tremendous and
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growing need to translate data about ocean conditions into a form of
information that people can use to improve their activities in and on
the water--whether for marine science, resource management, and
maritime transportation and safety.
Having more than 5,000 miles of shoreline, my home State of Maine has
a strong heritage linked to the sea. Our coastal communities are highly
dependent on the fisheries resources and other essential services
provided to us by the Gulf of Maine, and for centuries our lives and
livelihoods have required us to understand and adapt to ever-changing
ocean conditions.
This critical need for information was the driving force behind the
innovation that led to the Gulf of Maine Ocean Observing System, or
GoMOOS. A partnership of marine science institutions and ocean-
dependent organizations launched GoMOOS in 2001 with the deployment of
ten observation buoys in the Gulf of Maine. Since then, these buoys
have taken nearly continuous measurements of wind speed, wave height,
temperature, fog, currents, salinity, turbidity, dissolved oxygen, and
other key environmental variables. By modifying the instrumentation,
scientists can gather other data from these platforms, and they can
further link it to ocean information relayed by radar and satellites.
GoMOOS compiles these data and makes it available to any ocean
stakeholder via the internet, on a near real-time basis. Not only is
this a tremendous public service to those affected by sea conditions,
but it also provides a tremendous economic return--nearly $6 for every
$1 invested--to the New England region.
The impact of GoMOOS in our region has been profound. Fisheries
scientists and managers use this information to predict ocean
conditions that affect productivity, and they are finding new ways to
apply this information in resource management. Fishermen, sailors,
Coast Guard search-and-rescue units, the military, and others who
traverse the ocean are better able to predict safe sea conditions, and
shippers can transport their goods more efficiently. Ocean scientists
and regulators are better able to understand, predict, and rapidly
respond to marine pollution and hazardous ocean conditions such as
harmful algal blooms. Educators and students are learning more about
marine science.
Of course, all States that border our Nation's oceans and Great Lakes
would benefit from easy access to this kind of ocean information.
Following the example of GoMOOS, more than a dozen ocean and coastal
observing systems are being developed and implemented around the
Nation, many in conjunction with the National Oceanic and Atmospheric
Administration or NOAA, State coastal managers, universities, marine
industries, and other regional partners. While these systems can
provide valuable services to their region, we have found that they use
different--and sometimes incompatible--methods for collecting,
managing, processing, and communicating their data. When this happens,
we lose the ability to develop a comprehensive assessment of coastal
and ocean conditions around the Nation.
S. 361, the Ocean and Coastal Observation Systems Act of 2005, would
facilitate action to correct this problem. This bill would coordinate
the regional ocean and coastal observation efforts and link them at the
national level under the leadership of NOAA. It would help further
develop regional observation systems, link them through a nationwide
network, and ensure public access to the information so that anyone,
anywhere, at any time could better understand and track ocean and
coastal conditions. It would authorize the National Ocean Research
Leadership Council to establish an interagency program office that
would plan and coordinate operational activities and budgets, as well
as oversee a research and development program. Further, this bill would
charge NOAA as the lead Federal agency to ensure that this national
network of regional observation associations, such as GoMOOS and others
under development, effectively integrate and utilize 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. As chair of the Subcommittee on
Fisheries and Coast Guard and as a coastal State Senator, I am
extremely proud to sponsor and support this bill. It is imperative that
we in Congress facilitate the development and funding of a national,
integrated, and sustained ocean observation network, and we can start
by passing the bill before us. This bill, once enacted, will provide a
tremendous public service along our Nation's oceans and coasts, and I
thank my colleagues for supporting it.
The bill (S. 361), as amended, was read the third time, and passed,
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, predicting weather, improving ocean health
and providing for the protection 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 data management 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, and supporting commercial and sport fisheries
valued at more than $50 billion annually.
(4) Responding to coastal hazards and managing fisheries
and other coastal activities require improved monitoring of
the Nation's waters and coastline, including the ability 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 an 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, improving weather forecasts, strengthening management
of ocean and coastal resources, 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 planning, development, and maintenance of an
integrated ocean and coastal observing system that provides
the data and information to sustain and restore healthy
marine and Great Lakes ecosystems and the resources they
support, enable advances in scientific understanding of the
oceans and the Great Lakes, and strengthen science eduation
and communication;
(2) implementation of research, development, education, and
outreach 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 insure usefulness of data and
information for users; and
(4) establishment of a system of regional ocean, coastal,
and Great Lakes 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.
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(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) 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, education, and
outreach designed to provide data and information for the
timely detection and prediction of changes occurring in the
ocean, coastal and Great Lakes 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) Understanding the effects of human activities and
natural variability on the state of the coasts, oceans, and
Great Lakes and the Nation's socioeconomic well-being.
(4) Providing for the sustainable use, protection, and
enjoyment of ocean, coastal, and Great Lakes resources.
(5) Providing information that can support the eventual
implementation and refinement of ecosystem-based management.
(6) Supplying critical information to marine-related
businesses such as aquaculture and fisheries.
(7) Supporting research and development to ensure
continuous improvement to ocean, coastal, and Great Lakes
observation measurements and to enhance understanding of the
Nation's ocean, coastal, and Great Lakes resources.
(b) System Elements.--In order to fulfill the purposes of
this Act, the observing system shall consist of the following
program elements:
(1) A national program to fulfill national observation
priorities, including the Nation's ocean contribution to the
Global Earth Observation System of Systems and the Global
Ocean Observing System.
(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 dissemination 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, the Centers for Ocean Sciences Education
Excellence program, and the National Estuarine Research
Reserve Systen, 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,
development, education, and outreach 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) provide, as appropriate, support for and representation
on United States delegations to international meetings on
ocean and coastal observing programs; and
(7) 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;
(5) establish an external technical committee to provide
biennial review of the observing system; and
(6) provide for opportunities to partner or contract with
private sector companies in deploying ocean observation
system elements.
(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 adininistrative
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;
(6) certify regional associations that meet the
requirements of subsection (f); and
(7) integrate the capabilities of the National Coastal Data
Development Center and the Coastal Services Center of the
National Oceanic and Atmospheric Administration, and other
appropriate centers, into the observing system for the
purpose of assimilating, managing, disseminating, and
archiving data from regional observation systems and other
observation systems.
(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 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.
Nothing in this Act authorizes a regional association to
engage in lobbying activities (as defined in section 3(7) of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(7)).
(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, DEVELOPMENT, AND EDUCATION.
The Council shall establish programs for research,
development, education, and outreach 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, the Centers for Ocean Sciences
Education Excellence, and the National Estuarine Research
Reserve System.
SEC. 6. INTERAGENCY FINANCING.
The departments and agencies represented on the Council are
authorized to participate in interagency financing and share,
transfer, receive, obligate, and expend funds appropriated to
any member of the Council for the
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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. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT.
Nothing in this Act supersedes, or limits the authority of
the Secretary of the Interior under the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.).
SEC. 8. 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, $150,000,000 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. 9. 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.
Mr. STEVENS. Mr. President, the Committee on Commerce, Science, and
transportation, which I co-chair with my good-friend Senator Daniel
Inouye, has unanimously passed out of committee, four bills to protect
our oceans and enhance the collective knowledge of the marine
environment. The Senate just passed these four bills by unanimous
consent, and I look forward to working with the House to get this
important legislation enacted into law.
Water covers over 70 percent of the Earth's surface. It is estimated
that 80 percent of life on Earth is in the oceans. The Atlantic,
Pacific, and Arctic Oceans, and the Gulf of Mexico, make up the waters
of the United States Exclusive Economic Zone. In fact, the Pacific
Ocean alone covers nearly an entire hemisphere of the globe. But little
is known about these waters.
The four bills the Senate passed today will provide greater
understanding of the complex ocean environment. Together, they will
increase the coordination and effectiveness of the Federal agencies
that contribute to the research and management of these critical marine
ecosystems.
The four bills are: S. 50, the Tsunami Preparedness Act; S. 39, the
National Ocean Exploration Program Act; S. 361, the Ocean and Coastal
Observation System Act of 2005; and S. 362, the Marine Debris Research,
Prevention, and Reduction Act of 2005.
The Tsunami Preparedness Act is the first bill that Senator Inouye
and I drafted as the new Co-chairmen of the Commerce Committee. It was
developed in the wake of the devastating Indian Ocean tsunami that took
lives in 11 countries and provides an expanded tsunami detection and
warning system for the United States. The bill authorizes the National
Oceanic and Atmospheric Administration, NOAA, to establish, operate,
and maintain a dependable national tsunami warning system that would
provide maximum tsunami detection capability for the Nation. The system
would build on the model established in the Pacific, and provide for
its repair, expansion and modernization by the close of calendar year
2007. In addition, the bill directs NOAA to provide any necessary
technical support or other assistance to international efforts to
establish regional tsunami detection and warning systems in other parts
of the world, including the Indian Ocean.
I wrote the next bill, National Ocean Exploration Program Act, for
the simple fact that very little is known about our oceans and more
research and exploration is desperately needed. Approximately 95
percent of the ocean floor remains unexplored, much of it located in
the polar-regions and southern ocean. We know more about the surface of
the moon than the ocean floor; this bill is intended to change that.
The National Ocean Exploration Program Act establishes a national
program within NOAA to conduct inter-disciplinary ocean exploration
voyages in partnership with other Federal agencies or academic
institutions. The Act will strengthen interagency coordination on ocean
exploration for the purposes of developing and facilitating the
transfer of new exploration technologies, communication infrastructure,
and data management systems to the Program. The bill gives priority
attention to the exploration of deep ocean regions to make exciting new
discoveries. In addition, it will promote the development of improved
oceanographic research, communication, navigation, and data collection
systems, in an effort to increase understanding of the ocean
environment.
The Ocean and Coastal Observation System Act of 2005, developed by
Senator Snowe, will also contribute to our knowledge of the oceans with
greater monitoring and observation of this dynamic environment. The
bill will establish a national, integrated ocean and coastal observing
system that will collect, compile, and make available data on ocean
conditions in the U.S. Exclusive Economic Zone, including the Great
Lakes. The ocean and coastal observation system will help improve
weather and flood forecasting, promote understanding of climatic
variability processes, enhance safety and efficiency of marine
operations, facilitate research, improve management of marine and
coastal ecosystems, and provide information to raise public awareness
of oceans.
And finally there is the Marine Debris Research, Prevention, and
Reduction Act of 2005. Authored by Senator Inouye, this bill responds
to the immediate need to prevent and reduce significantly the amount of
trash that is collecting in our oceans. The bill establishes separate
programs within NOAA and the Coast Guard to identify, assess, reduce
and prevent marine debris and its adverse impacts on the marine
environment and navigation safety. In addition the bill creates an
Interagency Committee on Marine Debris to coordinate federal efforts to
prevent and reduce marine debris.
I look forward to the new information and management capabilities
these bills will provide. Alaska has more coastline than the rest of
the country combined. The oceans are a vital part of our way of life,
and we depend on sound scientific research to maintain them. These
bills are important to increase our efforts to be good stewards of our
oceans.
I thank my colleagues on the Commerce Committee and those in the
Senate for their overwhelming support of these bills.
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