[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

[[Page S7937]]

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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