[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5990-S6015]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6436. Ms. CANTWELL (for herself and Mr. Wicker) submitted an
amendment intended to be proposed to amendment SA 5499 submitted by Mr.
Reed (for himself and Mr. Inhofe) and intended to be proposed to the
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--OCEANS AND ATMOSPHERE
SEC. 5001. TABLE OF CONTENTS.
The table of contents for this division is as follows:
Sec. 5001. Table of contents.
TITLE LI--CORAL REEF CONSERVATION
Sec. 5101. Short title.
Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000
Sec. 5111. Reauthorization of Coral Reef Conservation Act of 2000.
Subtitle B--United States Coral Reef Task Force
Sec. 5121. Establishment.
Sec. 5122. Duties.
Sec. 5123. Membership.
Sec. 5124. Responsibilities of Federal agency members.
Sec. 5125. Working groups.
Sec. 5126. Definitions.
Subtitle C--Department of the Interior Coral Reef Authorities
Sec. 5131. Coral reef conservation and restoration assistance.
Subtitle D--Susan L. Williams National Coral Reef Management Fellowship
Sec. 5141. Short title.
Sec. 5142. Definitions.
Sec. 5143. Establishment of fellowship program.
Sec. 5144. Fellowship awards.
Sec. 5145. Matching requirement.
TITLE LII--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
Sec. 5201. Short title.
Sec. 5202. Purpose.
Sec. 5203. Sense of Congress.
Sec. 5204. Definitions.
Sec. 5205. Workforce study.
Sec. 5206. Accelerating innovation at Cooperative Institutes.
Sec. 5208. Blue Economy valuation.
Sec. 5210. No additional funds authorized.
Sec. 5211. No additional funds authorized.
TITLE LIII--REGIONAL OCEAN PARTNERSHIPS
Sec. 5301. Short title.
Sec. 5302. Findings; sense of Congress; purposes.
Sec. 5303. Regional Ocean Partnerships.
TITLE LIV--NATIONAL OCEAN EXPLORATION
Sec. 5401. Short title.
Sec. 5402. Findings.
Sec. 5403. Definitions.
Sec. 5404. Ocean Policy Committee.
Sec. 5405. National Ocean Mapping, Exploration, and Characterization
Council.
Sec. 5406. Modifications to the ocean exploration program of the
National Oceanic and Atmospheric Administration.
Sec. 5407. Repeal.
Sec. 5408. Modifications to ocean and coastal mapping program of the
National Oceanic and Atmospheric Administration.
Sec. 5409. Modifications to Hydrographic Services Improvement Act of
1998.
TITLE LV--MARINE MAMMAL RESEARCH AND RESPONSE
Sec. 5501. Short title.
Sec. 5502. Data collection and dissemination.
Sec. 5503. Stranding or entanglement response agreements.
Sec. 5504. Unusual mortality event activity funding.
Sec. 5505. Liability.
Sec. 5506. National Marine Mammal Tissue Bank and tissue analysis.
Sec. 5507. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.
Sec. 5508. Health MAP.
Sec. 5509. Reports to Congress.
Sec. 5510. Authorization of appropriations.
Sec. 5511. Definitions.
Sec. 5512. Study on marine mammal mortality.
TITLE LVI--VOLCANIC ASH AND FUMES
Sec. 5601. Short title.
Sec. 5602. Modifications to National Volcano Early Warning and
Monitoring System.
TITLE LVII--WILDFIRE AND FIRE WEATHER PREPAREDNESS
Sec. 5701. Short title.
Sec. 5702. Definitions.
Sec. 5703. Establishment of fire weather services program.
[[Page S5991]]
Sec. 5704. National Oceanic and Atmospheric Administration data
management.
Sec. 5705. Digital fire weather services and data management.
Sec. 5706. High-performance computing.
Sec. 5707. Government Accountability Office report on fire weather
services program.
Sec. 5708. Fire weather testbed.
Sec. 5709. Fire weather surveys and assessments.
Sec. 5710. Incident Meteorologist Service.
Sec. 5711. Automated surface observing system.
Sec. 5712. Emergency response activities.
Sec. 5713. Government Accountability Office report on interagency
wildfire forecasting, prevention, planning, and
management bodies.
Sec. 5714. Amendments to Infrastructure Investment and Jobs Act
relating to wildfire mitigation.
Sec. 5715. Wildfire technology modernization amendments.
Sec. 5716. Cooperation; coordination; support to non-Federal entities.
Sec. 5717. International coordination.
Sec. 5718. Submissions to Congress regarding the fire weather services
program, incident meteorologist workforce needs, and
National Weather Service workforce support.
Sec. 5719. Government Accountability Office report; Fire Science and
Technology Working Group; strategic plan.
Sec. 5720. Fire weather rating system.
Sec. 5721. Avoidance of duplication.
Sec. 5722. Authorization of appropriations.
TITLE LVIII--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
Sec. 5801. Short title.
Sec. 5802. Definitions.
Sec. 5803. Purposes.
Sec. 5804. Plan and implementation of plan to make certain models and
data available to the public.
Sec. 5805. Requirement to review models and leverage innovations.
Sec. 5806. Report on implementation.
Sec. 5807. Protection of national security interests.
Sec. 5808. Authorization of appropriations.
TITLE LI--CORAL REEF CONSERVATION
SEC. 5101. SHORT TITLE.
This title may be cited as the ``Restoring Resilient Reefs
Act of 2022''.
Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000
SEC. 5111. REAUTHORIZATION OF CORAL REEF CONSERVATION ACT OF
2000.
(a) In General.--The Coral Reef Conservation Act of 2000
(16 U.S.C. 6401 et seq.) is amended--
(1) by redesignating sections 209 and 210 as sections 217
and 218, respectively;
(2) by striking sections 202 through 208 and inserting the
following:
``SEC. 202. PURPOSES.
``The purposes of this title are--
``(1) to conserve and restore the condition of United
States coral reef ecosystems challenged by natural and human-
accelerated changes, including increasing ocean temperatures,
ocean acidification, coral bleaching, coral diseases, water
quality degradation, invasive species, and illegal,
unreported, and unregulated fishing;
``(2) to promote the science-based management and
sustainable use of coral reef ecosystems to benefit local
communities and the Nation, including through improved
integration and cooperation among Federal and non-Federal
stakeholders with coral reef equities;
``(3) to develop sound scientific information on the
condition of coral reef ecosystems, continuing and emerging
threats to such ecosystems, and the efficacy of innovative
tools, technologies, and strategies to mitigate stressors and
restore such ecosystems, including evaluation criteria to
determine the effectiveness of management interventions, and
accurate mapping for coral reef restoration;
``(4) to assist in the preservation of coral reefs by
supporting science-based, consensus-driven, and community-
based coral reef management by covered States and covered
Native entities, including monitoring, conservation, and
restoration projects that empower local communities, small
businesses, and nongovernmental organizations;
``(5) to provide financial resources, technical assistance,
and scientific expertise to supplement, complement, and
strengthen community-based management programs and
conservation and restoration projects of non-Federal reefs;
``(6) to establish a formal mechanism for collecting and
allocating monetary donations from the private sector to be
used for coral reef conservation and restoration projects;
``(7) to support the rapid and effective, science-based
assessment and response to exigent circumstances that pose
immediate and long-term threats to coral reefs, such as coral
disease, invasive or nuisance species, coral bleaching,
natural disasters, and industrial or mechanical disasters,
such as vessel groundings, hazardous spills, or coastal
construction accidents; and
``(8) to serve as a model for advancing similar
international efforts to monitor, conserve, and restore coral
reef ecosystems.
``SEC. 203. FEDERAL CORAL REEF MANAGEMENT AND RESTORATION
ACTIVITIES.
``(a) In General.--The Administrator or the Secretary of
the Interior may conduct activities described in subsection
(b) to conserve and restore coral reefs and coral reef
ecosystems that are consistent with--
``(1) all applicable laws governing resource management in
Federal and State waters, including this Act;
``(2) the national coral reef resilience strategy in effect
under section 204; and
``(3) coral reef action plans in effect under section 205,
as applicable.
``(b) Activities Described.--Activities described in this
subsection are activities to conserve, research, monitor,
assess, and restore coral reefs and coral reef ecosystems in
waters managed under the jurisdiction of a Federal agency
specified in subsection (c) or in coordination with a State
in waters managed under the jurisdiction of such State,
including--
``(1) developing, including through the collection of
requisite in situ and remotely sensed data, high-quality and
digitized maps reflecting--
``(A) current and historical live coral cover data;
``(B) coral reef habitat quality data;
``(C) priority areas for coral reef conservation to
maintain biodiversity and ecosystem structure and function,
including the reef matrix, that benefit coastal communities
and living marine resources;
``(D) priority areas for coral reef restoration to enhance
biodiversity and ecosystem structure and function, including
the reef matrix, to benefit coastal communities and living
marine resources; and
``(E) areas of concern that may require enhanced monitoring
of coral health and cover;
``(2) enhancing compliance with Federal laws that prohibit
or regulate--
``(A) the taking of coral products or species associated
with coral reefs; or
``(B) the use and management of coral reef ecosystems;
``(3) long-term ecological monitoring of coral reef
ecosystems;
``(4) implementing species-specific recovery plans for
listed coral species consistent with the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.);
``(5) restoring degraded coral reef ecosystems;
``(6) promoting ecologically sound navigation and
anchorages, including through navigational aids and expansion
of reef-safe anchorages and mooring buoy systems, to enhance
recreational access while preventing or minimizing the
likelihood of vessel impacts or other physical damage to
coral reefs;
``(7) monitoring and responding to severe bleaching or
mortality events, disease outbreaks, invasive species
outbreaks, and significant maritime accidents, including
chemical spill cleanup and the removal of grounded vessels;
``(8) conducting scientific research that contributes to
the understanding, sustainable use, and long-term
conservation of coral reefs;
``(9) enhancing public awareness, understanding, and
appreciation of coral reefs and coral reef ecosystems; and
``(10) centrally archiving, managing, and distributing data
sets and coral reef ecosystem assessments and publishing such
information on publicly available internet websites, by means
such as leveraging and partnering with existing data
repositories, of--
``(A) the Coral Reef Conservation Program of the National
Oceanic and Atmospheric Administration; and
``(B) the Task Force.
``(c) Federal Agencies Specified.--A Federal agency
specified in this subsection is one of the following:
``(1) The National Oceanic and Atmospheric Administration.
``(2) The National Park Service.
``(3) The United States Fish and Wildlife Service.
``(4) The Office of Insular Affairs.
``SEC. 204. NATIONAL CORAL REEF RESILIENCE STRATEGY.
``(a) In General.--The Administrator shall--
``(1) not later than 2 years after the date of the
enactment of the Restoring Resilient Reefs Act of 2022,
develop a national coral reef resilience strategy; and
``(2) periodically thereafter, but not less frequently than
once every 15 years (and not less frequently than once every
5 years, in the case of guidance on best practices under
subsection (b)(4)), review and revise the strategy as
appropriate.
``(b) Elements.--The strategy required by subsection (a)
shall include the following:
``(1) A discussion addressing--
``(A) continuing and emerging threats to the resilience of
United States coral reef ecosystems;
``(B) remaining gaps in coral reef ecosystem research,
monitoring, and assessment;
``(C) the status of management cooperation and integration
among Federal reef managers and covered reef managers;
``(D) the status of efforts to manage and disseminate
critical information, and enhance interjurisdictional data
sharing, related to research, reports, datasets, and maps;
``(E) areas of special focus, which may include--
``(i) improving natural coral recruitment;
[[Page S5992]]
``(ii) preventing avoidable losses of corals and their
habitat;
``(iii) enhancing the resilience of coral populations;
``(iv) supporting a resilience-based management approach;
``(v) developing, coordinating, and implementing watershed
management plans;
``(vi) building and sustaining watershed management
capacity at the local level;
``(vii) providing data essential for coral reef fisheries
management;
``(viii) building capacity for coral reef fisheries
management;
``(ix) increasing understanding of coral reef ecosystem
services;
``(x) educating the public on the importance of coral
reefs, threats and solutions; and
``(xi) evaluating intervention efficacy;
``(F) the status of conservation efforts, including the use
of marine protected areas to serve as replenishment zones
developed consistent with local practices and traditions and
in cooperation with, and with respect for the scientific,
technical, and management expertise and responsibilities of,
covered reef managers;
``(G) science-based adaptive management and restoration
efforts; and
``(H) management of coral reef emergencies and disasters.
``(2) A statement of national goals and objectives designed
to guide--
``(A) future Federal coral reef management and restoration
activities authorized under section 203;
``(B) conservation and restoration priorities for grants
awarded under section 213 and cooperative agreements under
section 208; and
``(C) research priorities for the reef research
coordination institutes designated under section 214.
``(3) A designation of priority areas for conservation, and
priority areas for restoration, to support the review and
approval of grants under section 213(e).
``(4) General templates for use by covered reef managers
and Federal reef managers to guide the development of coral
reef action plans under section 205, including guidance on
the best science-based practices to respond to coral reef
emergencies that can be included in coral reef action plans.
``(c) Consultations.--In developing all elements of the
strategy required by subsection (a), the Administrator
shall--
``(1) consult with the Secretary of the Interior, the Task
Force, covered States, and covered Native entities;
``(2) engage stakeholders, including covered States, coral
reef stewardship partnerships, reef research coordination
institutes and research centers designated under section 214,
and recipients of grants under section 213; and
``(3) solicit public review and comment regarding scoping
and the draft strategy.
``(d) Submission to Congress; Publication.--The
Administrator shall--
``(1) submit the strategy required by subsection (a) and
any revisions to the strategy to the appropriate
congressional committees; and
``(2) publish the strategy and any such revisions on
publicly available internet websites of--
``(A) the Coral Reef Conservation Program of the National
Oceanic and Atmospheric Administration; and
``(B) the Task Force.
``SEC. 205. CORAL REEF ACTION PLANS.
``(a) Plans Prepared by Federal Reef Managers.--
``(1) In general.--Not later than 3 years after the date of
the enactment of the Restoring Resilient Reefs Act of 2022,
each Federal reef manager shall--
``(A) prepare a coral reef action plan to guide management
and restoration activities to be undertaken within the
responsibilities and jurisdiction of the manager; or
``(B) in the case of a reef under the jurisdiction of a
Federal reef manager for which there is a management plan in
effect as of such date of enactment, update that plan to
comply with the requirements of this subsection.
``(2) Elements.--A plan prepared under paragraph (1) by a
Federal reef manager shall include a discussion of the
following:
``(A) Short- and mid-term coral reef conservation and
restoration objectives within the jurisdiction of the
manager.
``(B) A current adaptive management framework to inform
research, monitoring, and assessment needs.
``(C) Tools, strategies, and partnerships necessary to
identify, monitor, and address pollution and water quality
impacts to coral reef ecosystems within the jurisdiction of
the manager.
``(D) The status of efforts to improve coral reef ecosystem
management cooperation and integration between Federal reef
managers and covered reef managers, including the
identification of existing research and monitoring activities
that can be leveraged for coral reef status and trends
assessments within the jurisdiction of the manager.
``(E) Estimated budgetary and resource considerations
necessary to carry out the plan.
``(F) Contingencies for response to and recovery from
emergencies and disasters.
``(G) In the case of an updated plan, annual records of
significant management and restoration actions taken under
the previous plan, cash and non-cash resources used to
undertake the actions, and the source of such resources.
``(H) Documentation by the Federal reef manager that the
plan is consistent with the national coral reef resilience
strategy in effect under section 204.
``(I) A data management plan to ensure data, assessments,
and accompanying information are appropriately preserved,
curated, publicly accessible, and broadly reusable.
``(3) Submission to task force.--Each Federal reef manager
shall submit a plan prepared under paragraph (1) to the Task
Force.
``(4) Application of administrative procedure act.--Each
plan prepared under paragraph (1) shall be subject to the
requirements of subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the
`Administrative Procedure Act').
``(b) Plans Prepared by Covered Reef Managers.--
``(1) In general.--A covered reef manager may elect to
prepare, submit to the Task Force, and maintain a coral reef
action plan to guide management and restoration activities to
be undertaken within the responsibilities and jurisdiction of
the manager.
``(2) Effective period.--A plan prepared under this
subsection shall remain in effect for 5 years, or until an
updated plan is submitted to the Task Force, whichever occurs
first.
``(3) Elements.--A plan prepared under paragraph (1) by a
covered reef manager--
``(A) shall contain a discussion of--
``(i) short- and mid-term coral reef conservation and
restoration objectives within the jurisdiction of the
manager;
``(ii) estimated budgetary and resource considerations
necessary to carry out the plan;
``(iii) in the case of an updated plan, annual records of
significant management and restoration actions taken under
the previous plan, cash and non-cash resources used to
undertake the actions, and the source of such resources; and
``(iv) contingencies for response to and recovery from
emergencies and disasters; and
``(B) may contain a discussion of--
``(i) the status of efforts to improve coral reef ecosystem
management cooperation and integration between Federal reef
managers and covered reef managers, including the
identification of existing research and monitoring activities
that can be leveraged for coral reef status and trends
assessments within the jurisdiction of the manager;
``(ii) a current adaptive management framework to inform
research, monitoring, and assessment needs;
``(iii) tools, strategies, and partnerships necessary to
identify, monitor, and address pollution and water quality
impacts to coral reef ecosystems within the jurisdiction of
the manager; and
``(iv) a data management plan to ensure data, assessments,
and accompanying information are appropriately preserved,
curated, publicly accessible, and broadly reusable..
``(c) Technical Assistance.--The Administrator and the Task
Force shall make all reasonable efforts to provide technical
assistance upon request by a Federal reef manager or covered
reef manager developing a coral reef action plan under this
section.
``(d) Publication.--The Administrator shall publish each
coral reef action plan prepared and submitted to the Task
Force under this section on publicly available internet
websites of--
``(1) the Coral Reef Conservation Program of the National
Oceanic and Atmospheric Administration; and
``(2) the Task Force.
``SEC. 206. CORAL REEF STEWARDSHIP PARTNERSHIPS.
``(a) In General.--To further the community-based
stewardship of coral reefs, coral reef stewardship
partnerships for Federal and non-Federal coral reefs may be
established in accordance with this section.
``(b) Standards and Procedures.--The Administrator shall
develop and adopt--
``(1) standards for identifying individual coral reefs and
ecologically significant units of coral reefs; and
``(2) processes for adjudicating multiple applicants for
stewardship of the same coral reef or ecologically
significant unit of a reef to ensure no geographic overlap in
representation among stewardship partnerships authorized by
this section.
``(c) Membership for Federal Coral Reefs.--A coral reef
stewardship partnership that has identified, as the subject
of its stewardship activities, a coral reef or ecologically
significant unit of a coral reef that is fully or partially
under the management jurisdiction of any Federal agency
specified in section 203(c) shall, at a minimum, include the
following:
``(1) That Federal agency, a representative of which shall
serve as chairperson of the coral reef stewardship
partnership.
``(2) A State or county's resource management agency.
``(3) A coral reef research center designated under section
214(b).
``(4) A nongovernmental organization.
``(5) Such other members as the partnership considers
appropriate, such as interested stakeholder groups and
covered Native entities.
``(d) Membership for Non-Federal Coral Reefs.--
``(1) In general.--A coral reef stewardship partnership
that has identified, as the subject of its stewardship
activities, a coral reef or ecologically significant
component of a coral reef that is not under the management
jurisdiction of any Federal agency specified
[[Page S5993]]
in section 203(c) shall, at a minimum, include the following:
``(A) A State or county's resource management agency or a
covered Native entity, a representative of which shall serve
as the chairperson of the coral reef stewardship partnership.
``(B) A coral reef research center designated under section
214(b).
``(C) A nongovernmental organization.
``(D) Such other members as the partnership considers
appropriate, such as interested stakeholder groups.
``(2) Additional members.--
``(A) In general.--Subject to subparagraph (B), a coral
reef stewardship partnership described in paragraph (1) may
also include representatives of one or more Federal agencies.
``(B) Requests; approval.--A representative of a Federal
agency described in subparagraph (A) may become a member of a
coral reef stewardship partnership described in paragraph (1)
if--
``(i) the representative submits a request to become a
member to the chairperson of the partnership referred to in
paragraph (1)(A); and
``(ii) the chairperson consents to the request.
``(e) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to coral reef stewardship partnerships under this
section.
``SEC. 207. BLOCK GRANTS.
``(a) In General.--The Administrator shall provide block
grants of financial assistance to covered States to support
management and restoration activities and further the
implementation of coral reef action plans in effect under
section 205 by covered States and non-Federal coral reef
stewardship partnerships in accordance with this section. The
Administrator shall review each covered State's application
for block grant funding to ensure that applications are
consistent with applicable action plans and the national
coral reef resilience strategy in effect under section 204.
``(b) Eligibility for Additional Amounts.--
``(1) In general.--A covered State shall qualify for and
receive additional grant amounts beyond the base award
specified in subsection (c)(1) if there is at least one coral
reef action plan in effect within the jurisdiction of the
covered State developed by that covered State or a non-
Federal coral reef stewardship partnership.
``(2) Waiver for certain fiscal years.--The Administrator
may waive the requirement under paragraph (1) during fiscal
years 2023 and 2024.
``(c) Funding Formula.--Subject to the availability of
appropriations, the amount of each block grant awarded to a
covered State under this section shall be the sum of--
``(1) a base award of $100,000; and
``(2) if the State is eligible under subsection (b)--
``(A) an amount that is equal to non-Federal expenditures
of up to $3,000,000 on coral reef management and restoration
activities within the jurisdiction of the State, as reported
within the previous fiscal year; and
``(B) an additional amount, from any funds appropriated for
block grants under this section that remain after
distribution under subparagraph (A) and paragraph (1), based
on the proportion of the State's share of total non-Federal
expenditures on coral reef management and restoration
activities, as reported within the previous fiscal year, in
excess of $3,000,000, relative to other covered States.
``(d) Exclusions.--For the purposes of calculating block
grant amounts under subsection (c), Federal funds provided to
a covered State or non-Federal coral reef stewardship
partnership shall not be considered as qualifying non-Federal
expenditures, but non-Federal matching funds used to leverage
Federal awards may be considered as qualifying non-Federal
expenditures.
``(e) Responsibilities of the Administrator.--The
Administrator is responsible for--
``(1) providing guidance on qualifying non-Federal
expenditures and the proper documentation of such
expenditures;
``(2) issuing annual solicitations to covered States for
awards under this section; and
``(3) determining the appropriate allocation of additional
amounts among covered States in accordance with this section.
``(f) Responsibilities of Covered States.--Each covered
State is responsible for documenting non-Federal expenditures
within the jurisdiction of the State and formally reporting
those expenditures for review in response to annual
solicitations by the Administrator under subsection (e).
``SEC. 208. COOPERATIVE AGREEMENTS.
``(a) In General.--The Administrator shall seek to enter
into cooperative agreements with covered States to fund coral
reef conservation and restoration activities in waters
managed under the jurisdiction of those covered States that
are consistent with the national coral reef resilience
strategy in effect under section 204 and any applicable
action plans under section 205.
``(b) All Islands Committee.--The Administrator may enter
into a cooperative agreement with the All Islands Committee
of the Task Force to provide support for its activities.
``(c) Funding.--Cooperative agreements under subsection (a)
shall provide not less than $500,000 to each covered State
and are not subject to any matching requirement.
``SEC. 209. CORAL REEF STEWARDSHIP FUND.
``(a) Agreement.--The Administrator shall seek to enter
into an agreement with the National Fish and Wildlife
Foundation (in this section referred to as the `Foundation'),
authorizing the Foundation to receive, hold, and administer
funds received under this section.
``(b) Fund.--
``(1) In general.--The Foundation shall establish an
account, which shall--
``(A) be known as the `Coral Reef Stewardship Fund' (in
this section referred to as the `Fund'); and
``(B) serve as the successor to the account known before
the date of the enactment of the Restoring Resilient Reefs
Act of 2022 as the Coral Reef Conservation Fund and
administered through a public-private partnership with the
Foundation.
``(2) Deposits.--The Foundation shall deposit funds
received under this section into the Fund.
``(3) Purposes.--The Fund shall be available solely to
support coral reef stewardship activities that--
``(A) further the purposes of this title; and
``(B) are consistent with--
``(i) the national coral reef resilience strategy in effect
under section 204; and
``(ii) coral reef action plans in effect, if any, under
section 205 covering a coral reef or ecologically significant
component of a coral reef to be impacted by such activities,
if applicable.
``(4) Investment of amounts.--
``(A) Investment of amounts.--The Foundation shall invest
such portion of the Fund as is not required to meet current
withdrawals in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and
interest by the United States.
``(B) Interest and proceeds.--The interest on, and the
proceeds from the sale or redemption of, any obligations held
in the Fund shall be credited to and form a part of the Fund.
``(5) Review of performance.--The Administrator shall
conduct a continuing review of all deposits into, and
disbursements from, the Fund. Each review shall include a
written assessment concerning the extent to which the
Foundation has implemented the goals and requirements of--
``(A) this section; and
``(B) the national coral reef resilience strategy in effect
under section 204.
``(c) Authorization to Solicit Donations.--
``(1) In general.--Pursuant to an agreement entered into
under subsection (a), the Foundation may accept, receive,
solicit, hold, administer, and use any gift (including,
notwithstanding section 1342 of title 31, United States Code,
donations of services) to further the purposes of this title.
``(2) Deposits in fund.--Notwithstanding section 3302 of
title 31, United States Code, any funds received as a gift
shall be deposited and maintained in the Fund.
``(d) Administration.--Under an agreement entered into
pursuant to subsection (a), and subject to the availability
of appropriations, the Administrator may transfer funds
appropriated to carry out this title to the Foundation.
Amounts received by the Foundation under this subsection may
be used for matching, in whole or in part, contributions
(whether in money, services, or property) made to the
Foundation by private persons, State or local government
agencies, or covered Native entities.
``SEC. 210. EMERGENCY ASSISTANCE.
``(a) In General.--Notwithstanding any other provision of
law, from funds appropriated pursuant to the authorization of
appropriations under section 217, the Administrator may
provide emergency assistance to any covered State or coral
reef stewardship partnership to respond to immediate harm to
coral reefs or coral reef ecosystems arising from any of the
exigent circumstances described in subsection (b).
``(b) Coral Reef Exigent Circumstances.--The Administrator
shall develop a list of, and criteria for, circumstances that
pose an exigent threat to coral reefs, including--
``(1) new and ongoing outbreaks of disease;
``(2) new and ongoing outbreaks of invasive or nuisance
species;
``(3) new and ongoing coral bleaching events;
``(4) natural disasters;
``(5) industrial or mechanical incidents, such as vessel
groundings, hazardous spills, or coastal construction
accidents; and
``(6) other circumstances that pose an urgent threat to
coral reefs.
``(c) Annual Report on Exigent Circumstances.--On February
1 of each year, the Administrator shall submit to the
appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report
that--
``(1) describes locations with exigent circumstances
described in subsection (b) that were considered but declined
for emergency assistance, and the rationale for the decision;
and
``(2) with respect to each instance in which emergency
assistance under this section was provided--
``(A) the location and a description of the exigent
circumstances that prompted the emergency assistance, the
entity that received the assistance, and the current and
expected outcomes from the assistance;
[[Page S5994]]
``(B) a description of activities of the National Oceanic
and Atmospheric Administration that were curtailed as a
result of providing the emergency assistance;
``(C) in the case of an incident described in subsection
(b)(5), a statement of whether legal action was commenced
under subsection (c), and the rationale for the decision; and
``(D) an assessment of whether further action is needed to
restore the affected coral reef, recommendations for such
restoration, and a cost estimate to implement such
recommendations.
``SEC. 211. CORAL REEF DISASTER FUND.
``(a) Agreements.--The Administrator shall seek to enter
into an agreement with the National Fish and Wildlife
Foundation (in this section referred to as the `Foundation'),
authorizing the Foundation to receive, hold, and administer
funds received under this section.
``(b) Fund.--
``(1) In general.--The Foundation shall establish an
account, to be known as the `Coral Reef Disaster Fund' (in
this section referred to as the `Fund').
``(2) Deposits.--The Foundation shall deposit funds
received under this section into the Fund.
``(3) Purposes.--The Fund shall be available solely to
support the long-term recovery of coral reefs from exigent
circumstances described in section 210--
``(A) in partnership with non-Federal stakeholders; and
``(B) in a manner that is consistent with--
``(i) the national coral reef resilience strategy in effect
under section 204; and
``(ii) coral reef action plans in effect, if any, under
section 205.
``(4) Investment of amounts.--
``(A) Investment of amounts.--The Foundation shall invest
such portion of the Fund as is not required to meet current
withdrawals in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and
interest by the United States.
``(B) Interest and proceeds.--The interest on, and the
proceeds from the sale or redemption of, any obligations held
in the Fund shall be credited to and form a part of the Fund.
``(5) Review of performance.--The Administrator shall
conduct continuing reviews of all deposits into, and
disbursements from, the Fund. Each such review shall include
a written assessment concerning the extent to which the
Foundation has implemented the goals and requirements of this
section.
``(c) Authorization to Solicit Donations.--
``(1) In general.--Pursuant to an agreement entered into
under subsection (a), the Foundation may accept, receive,
solicit, hold, administer, and use any gift (including,
notwithstanding section 1342 of title 31, United States Code,
donations of services) to further the purposes of this title.
``(2) Deposits in fund.--Notwithstanding section 3302 of
title 31, United States Code, any funds received as a gift
shall be deposited and maintained in the Fund.
``(d) Administration.--Under an agreement entered into
under subsection (a), and subject to the availability of
appropriations, the Administrator may transfer funds
appropriated to carry out this title to the Foundation.
Amounts received by the Foundation under this subsection may
be used for matching, in whole or in part, contributions
(whether in money, services, or property) made to the
Foundation by private persons, State or local government
agencies, or covered Native entities.
``SEC. 212. VESSEL GROUNDING INVENTORY.
``The Administrator, in coordination with the Commandant of
the Coast Guard, the Administrator of the Maritime
Administration, and the heads of other Federal and State
agencies as appropriate, shall establish and maintain an
inventory of all vessel grounding incidents involving United
States coral reefs, including a description of--
``(1) the location of each such incident;
``(2) vessel and ownership information relating to each
such incident, if available;
``(3) the impacts of each such incident to coral reefs,
coral reef ecosystems, and related natural resources;
``(4) the estimated cost of removal of the vessel,
remediation, or restoration arising from each such incident;
``(5) any response actions taken by the owner of the
vessel, the Administrator, the Commandant, or representatives
of other Federal or State agencies;
``(6) the status of such response actions, including--
``(A) when the grounded vessel was removed, the costs of
removal, and the how the removal was resourced;
``(B) a narrative and timeline of remediation or
restoration activities undertaken by a Federal agency or
agencies;
``(C) any emergency or disaster assistance provided under
section 210 or 211;
``(D) any actions taken to prevent future grounding
incidents; and
``(7) recommendations for additional navigational aids or
other mechanisms for preventing future grounding incidents.
``SEC. 213. RUTH D. GATES CORAL REEF CONSERVATION GRANT
PROGRAM.
``(a) In General.--Subject to the availability of
appropriations, the Administrator shall establish a program
(to be known as the `Ruth D. Gates Coral Reef Conservation
Grant Program') to provide grants for projects for the
conservation and restoration of coral reef ecosystems (in
this section referred to as `coral reef projects') pursuant
to proposals approved by the Administrator in accordance with
this section.
``(b) Matching Requirements for Grants.--
``(1) In general.--Except as provided in paragraph (3),
Federal funds for any coral reef project for which a grant is
provided under subsection (a) may not exceed 50 percent of
the total cost of the project.
``(2) Non-federal share.--The non-Federal share of the cost
of a coral reef project may be provided by in-kind
contributions and other noncash support.
``(3) Waiver.--The Administrator may waive all or part of
the matching requirement under paragraph (1) if the
Administrator determines that no reasonable means are
available through which an applicant can meet the matching
requirement with respect to a coral reef project and the
probable benefit of the project outweighs the public interest
in the matching requirement.
``(c) Eligibility.--
``(1) In general.--An entity described in paragraph (2) may
submit to the Administrator a proposal for a coral reef
project.
``(2) Entities described.--An entity described in this
paragraph is--
``(A) a covered reef manager or a covered Native entity--
``(i) with responsibility for coral reef management; or
``(ii) the activities of which directly or indirectly
affect coral reefs or coral reef ecosystems;
``(B) a regional fishery management council established
under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.);
``(C) a coral reef stewardship partnership seeking to
implement a coral reef action plan in effect under section
205;
``(D) a coral reef research center designated under section
214(b); or
``(E) another nongovernmental organization or research
institution with demonstrated expertise in the conservation
or restoration of coral reefs in practice or through
significant contributions to the body of existing scientific
research on coral reefs.
``(d) Project Proposals.--Each proposal for a grant under
this section for a coral reef project shall include the
following:
``(1) The name of the individual or entity responsible for
conducting the project.
``(2) A description of the qualifications of the individual
or entity.
``(3) A succinct statement of the purposes of the project.
``(4) An estimate of the funds and time required to
complete the project.
``(5) Evidence of support for the project by appropriate
representatives of States or other government jurisdictions
in which the project will be conducted.
``(6) Information regarding the source and amount of
matching funding available to the applicant.
``(7) A description of how the project meets one or more of
the criteria under subsection (f)(2).
``(8) In the case of a proposal submitted by a coral reef
stewardship partnership, a description of how the project
aligns with the applicable coral reef action plan in effect
under section 205.
``(9) Any other information the Administrator considers to
be necessary for evaluating the eligibility of the project
for a grant under this subsection.
``(e) Project Review and Approval.--
``(1) In general.--The Administrator shall review each
coral reef project proposal submitted under this section to
determine if the project meets the criteria set forth in
subsection (f).
``(2) Prioritization of conservation projects.--The
Administrator shall prioritize the awarding of funding for
projects that meet the criteria for approval under
subparagraphs (A) through (G) of subsection (f)(2) that are
proposed to be conducted within priority areas identified for
coral reef conservation by the Administrator under the
national coral reef resilience strategy in effect under
section 204.
``(3) Prioritization of restoration projects.--The
Administrator shall prioritize the awarding of funding for
projects that meet the criteria for approval under
subparagraphs (E) through (L) of subsection (f)(2) that are
proposed to be conducted within priority areas identified for
coral reef restoration by the Administrator under the
national coral reef resilience strategy in effect under
section 204.
``(4) Review; approval or disapproval.--Not later than 180
days after receiving a proposal for a coral reef project
under this section, the Administrator shall--
``(A) request and consider written comments on the proposal
from each Federal agency, State government, covered Native
entity, or other government jurisdiction, including the
relevant regional fishery management councils established
under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), or any National
Marine Sanctuary or Marine National Monument, with
jurisdiction or management authority over coral reef
ecosystems in the area where the project is to be conducted,
including the extent to which the project is consistent with
locally established priorities, unless such entities were
[[Page S5995]]
directly involved in the development of the project proposal;
``(B) provide for the merit-based peer review of the
proposal and require standardized documentation of that peer
review;
``(C) after considering any written comments and
recommendations based on the reviews under subparagraphs (A)
and (B), approve or disapprove the proposal; and
``(D) provide written notification of that approval or
disapproval, with summaries of all written comments,
recommendations, and peer reviews, to the entity that
submitted the proposal, and each of those States, covered
Native entity, and other government jurisdictions that
provided comments under subparagraph (A).
``(f) Criteria for Approval.--The Administrator may not
approve a proposal for a coral reef project under this
section unless the project--
``(1) is consistent with--
``(A) the national coral reef resilience strategy in effect
under section 204; and
``(B) any Federal or non-Federal coral reef action plans in
effect under section 205 covering a coral reef or
ecologically significant unit of a coral reef to be affected
by the project; and
``(2) will enhance the conservation and restoration of
coral reefs by--
``(A) addressing conflicts arising from the use of
environments near coral reefs or from the use of corals,
species associated with coral reefs, and coral products,
including supporting consensus-driven, community-based
planning and management initiatives for the protection of
coral reef ecosystems;
``(B) improving compliance with laws that prohibit or
regulate the taking of coral products or species associated
with coral reefs or regulate the use and management of coral
reef ecosystems;
``(C) designing and implementing networks of real-time
water quality monitoring along coral reefs, including data
collection related to turbidity, nutrient availability,
harmful algal blooms, and plankton assemblages, with an
emphasis on coral reefs impacted by agriculture and urban
development;
``(D) promoting ecologically sound navigation and
anchorages, including mooring buoy systems to promote
enhanced recreational access, near coral reefs;
``(E) furthering the goals and objectives of coral reef
action plans in effect under section 205;
``(F) mapping the location and distribution of coral reefs
and potential coral reef habitat;
``(G) stimulating innovation to advance the ability of the
United States to understand, research, or monitor coral reef
ecosystems, or to develop management or adaptation options to
conserve and restore coral reef ecosystems;
``(H) implementing research to ensure the population
viability of listed coral species in United States waters as
detailed in the population-based recovery criteria included
in species-specific recovery plans consistent with the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
``(I) developing and implementing cost-effective methods to
restore degraded coral reef ecosystems or to create
geographically appropriate coral reef ecosystems in suitable
waters, including by improving habitat or promoting success
of keystone species, with an emphasis on novel restoration
strategies and techniques to advance coral reef recovery and
growth near population centers threatened by rising sea
levels and storm surge;
``(J) translating and applying coral genetics research to
coral reef ecosystem restoration, including research related
to traits that promote resilience to increasing ocean
temperatures, ocean acidification, coral bleaching, coral
diseases, and invasive species;
``(K) developing and maintaining in situ native coral
propagation sites; or
``(L) developing and maintaining ex situ coral propagation
nurseries and land-based coral gene banks to--
``(i) conserve or augment genetic diversity of native coral
populations;
``(ii) support captive breeding of rare coral species; or
``(iii) enhance resilience of native coral populations to
increasing ocean temperatures, ocean acidification, coral
bleaching, and coral diseases through selective breeding,
conditioning, or other approaches that target genes, gene
expression, phenotypic traits, or phenotypic plasticity.
``(g) Funding Requirements.--To the extent practicable
based upon proposals for coral reef projects submitted to the
Administrator, the Administrator shall ensure that funding
for grants awarded under this section during a fiscal year is
distributed as follows:
``(1) Not less than 40 percent of funds available shall be
awarded for projects in the Pacific Ocean within the maritime
areas and zones subject to the jurisdiction or control of the
United States.
``(2) Not less than 40 percent of the funds available shall
be awarded for projects in the Atlantic Ocean, the Gulf of
Mexico, or the Caribbean Sea within the maritime areas and
zones subject to the jurisdiction or control of the United
States.
``(3) Not more than 67 percent of funds distributed in each
region in accordance with paragraphs (1) and (2) shall be
made exclusively available to projects that are--
``(A) submitted by a coral reef stewardship partnership;
and
``(B) consistent with the coral reef action plan in effect
under section 205 by such a partnership.
``(4) Of the funds distributed to support projects in
accordance with paragraph (3), not less than 20 percent and
not more than 33 percent shall be awarded for projects
submitted by a Federal coral reef stewardship partnership.
``(h) Task Force.--The Administrator may consult with the
Secretary of the Interior and the Task Force to obtain
guidance in establishing priorities and evaluating proposals
for coral reef projects under this section.
``SEC. 214. NON-FEDERAL CORAL REEF RESEARCH.
``(a) Reef Research Coordination Institutes.--
``(1) Establishment.--The Administrator shall designate 2
reef research coordination institutes for the purpose of
advancing and sustaining essential capabilities in coral reef
research, one each in the Atlantic and Pacific basins, to be
known as the `Atlantic Reef Research Coordination Institute'
and the `Pacific Reef Research Coordination Institute',
respectively.
``(2) Membership.--Each institute designated under
paragraph (1) shall be housed within a single coral reef
research center designated by the Administrator under
subsection (b) and may enter into contracts with other coral
reef research centers designated under subsection (b) within
the same basin to support the institute's capacity and reach.
``(3) Functions.--The institutes designated under paragraph
(1) shall--
``(A) conduct federally directed research to fill national
and regional coral reef ecosystem research gaps and improve
understanding of, and responses to, continuing and emerging
threats to the resilience of United States coral reef
ecosystems consistent with the national coral reef resilience
strategy in effect under section 204;
``(B) support ecological research and monitoring to study
the effects of conservation and restoration activities funded
by this title on promoting more effective coral reef
management and restoration; and
``(C) through agreements--
``(i) collaborate directly with governmental resource
management agencies, coral reef stewardship partnerships,
nonprofit organizations, and other coral reef research
centers designated under subsection (b);
``(ii) assist in the development and implementation of--
``(I) the national coral reef resilience strategy under
section 204; and
``(II) coral reef action plans under section 205;
``(iii) build capacity within non-Federal governmental
resource management agencies to establish research priorities
and translate and apply research findings to management and
restoration practices; and
``(iv) conduct public education and awareness programs for
policymakers, resource managers, and the general public on--
``(I) coral reefs and coral reef ecosystems;
``(II) best practices for coral reef ecosystem management
and restoration;
``(III) the value of coral reefs; and
``(IV) the threats to the sustainability of coral reef
ecosystems.
``(b) Coral Reef Research Centers.--
``(1) In general.--The Administrator shall--
``(A) periodically solicit applications for designation of
qualifying institutions in covered States as coral reef
research centers; and
``(B) designate all qualifying institutions in covered
States as coral reef research centers.
``(2) Qualifying institutions.--For purposes of paragraph
(1), an institution is a qualifying institution if the
Administrator determines that the institution--
``(A) is operated by an institution of higher education or
nonprofit marine research organization;
``(B) has established management-driven national or
regional coral reef research or restoration programs;
``(C) has demonstrated abilities to coordinate closely with
appropriate Federal and State agencies, as well as other
academic and nonprofit organizations; and
``(D) maintains significant local community engagement and
outreach programs related to coral reef ecosystems.
``SEC. 215. REPORTS ON ADMINISTRATION.
``Not later than 3 years after the date of the enactment of
the Restoring Resilient Reefs Act of 2022, and every 2 years
thereafter, the Administrator shall submit to the appropriate
congressional committees, the Committee on Appropriations of
the Senate, and the Committee on Appropriations of the House
of Representatives a report on the administration of this
title during the 2-year period preceding submission of the
report, including--
``(1) a description of all activities undertaken to
implement the most recent national coral reef resilience
strategy under section 204;
``(2) a statement of all funds obligated under the
authorities of this title; and
``(3) a summary, disaggregated by State, of Federal and
non-Federal contributions toward the costs of each project or
activity funded, in full or in part, under the authorities of
this title.
``SEC. 216. CORAL REEF PRIZE COMPETITIONS.
``(a) In General.--The head of any Federal agency with a
representative serving on the United States Coral Reef Task
Force established by Executive Order 13089 (16 U.S.C.
[[Page S5996]]
6401 note; relating to coral reef protection), may,
individually or in cooperation with one or more agencies,
carry out a program to award prizes competitively under
section 24 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3719).
``(b) Purposes.--Any program carried out under this section
shall be for the purpose of stimulating innovation to advance
the ability of the United States to understand, research, or
monitor coral reef ecosystems, or to develop management or
adaptation options to preserve, sustain, and restore coral
reef ecosystems.
``(c) Priority Programs.--Priority shall be given to
establishing programs under this section that address
communities, environments, or industries that are in distress
as a result of the decline or degradation of coral reef
ecosystems, including--
``(1) scientific research and monitoring that furthers the
understanding of causes behind coral reef decline and
degradation and the generally slow recovery following
disturbances, including ocean acidification, temperature-
related bleaching, disease, and their associated impacts on
coral physiology;
``(2) the development of monitoring or management options
for communities or industries that are experiencing
significant financial hardship;
``(3) the development of adaptation options to alleviate
economic harm and job loss caused by damage to coral reef
ecosystems;
``(4) the development of measures to help vulnerable
communities or industries, with an emphasis on rural
communities and businesses; and
``(5) the development of adaptation and management options
for impacted tourism industries.'';
(3) in section 217, as redesignated by paragraph (1)--
(A) in subsection (c), by striking ``section 204'' and
inserting ``section 213'';
(B) in subsection (d), by striking ``under section 207''
and inserting ``authorized under this title''; and
(C) by adding at the end the following:
``(e) Block Grants.--There is authorized to be appropriated
to the Administrator $10,000,000 for each of fiscal years
2023 through 2027 to carry out section 207.
``(f) Cooperative Agreements.--There is authorized to be
appropriated to the Administrator $10,000,000 for each of
fiscal years 2023 through 2027 to carry out section 208.
``(g) Non-Federal Coral Reef Research.--There is authorized
to be appropriated to the Administrator $4,500,000 for each
of fiscal years 2023 through 2027 for agreements with the
reef research coordination institutes designated under
section 214.''; and
(4) by amending section 218, as redesignated by paragraph
(1), to read as follows:
``SEC. 218. DEFINITIONS.
``In this title:
``(1) Administrator.--The term `Administrator' means the
Administrator of the National Oceanic and Atmospheric
Administration.
``(2) Alaska native corporation.--The term `Alaska Native
Corporation' has the meaning given the term `Native
Corporation' in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602).
``(3) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Natural Resources of the House of
Representatives.
``(4) Conservation.--The term `conservation' means the use
of methods and procedures necessary to preserve or sustain
native corals and associated species as diverse, viable, and
self-perpetuating coral reef ecosystems with minimal impacts
from invasive species, including--
``(A) all activities associated with resource management,
such as monitoring, assessment, protection, restoration,
sustainable use, management of habitat, and maintenance or
augmentation of genetic diversity;
``(B) mapping;
``(C) scientific expertise and technical assistance in the
development and implementation of management strategies for
marine protected areas and marine resources consistent with
the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.)
and the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.);
``(D) law enforcement;
``(E) conflict resolution initiatives;
``(F) community outreach and education; and
``(G) promotion of safe and ecologically sound navigation
and anchoring.
``(5) Coral.--The term `coral' means species of the phylum
Cnidaria, including--
``(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Alcyonacea (soft
corals, organ pipe corals, gorgonians), and Helioporacea
(blue coral), of the class Anthozoa; and
``(B) all species of the order Anthoathecata (fire corals
and other hydrocorals) of the class Hydrozoa.
``(6) Coral products.--The term `coral products' means any
living or dead specimens, parts, or derivatives, or any
product containing specimens, parts, or derivatives, of any
species referred to in paragraph (5).
``(7) Coral reef.--The term `coral reef' means calcium
carbonate structures in the form of a reef or shoal, composed
in whole or in part by living coral, skeletal remains of
coral, crustose coralline algae, and other associated sessile
marine plants and animals.
``(8) Coral reef ecosystem.--The term `coral reef
ecosystem' means--
``(A) corals and other geographically and ecologically
associated marine communities of other reef organisms
(including reef plants and animals) associated with coral
reef habitat; and
``(B) the biotic and abiotic factors and processes that
control or affect coral calcification rates, tissue growth,
reproduction, recruitment, abundance, coral-algal symbiosis,
and biodiversity in such habitat.
``(9) Covered native entity.--The term `covered Native
entity' means a Native entity of a covered State with
interests in a coral reef ecosystem.
``(10) Covered reef manager.--The term `covered reef
manager' means--
``(A) a management unit of a covered State with
jurisdiction over a coral reef ecosystem;
``(B) a covered State; or
``(C) a coral reef stewardship partnership under section
206(d).
``(11) Covered state.--The term `covered State' means
Florida, Hawaii, and the territories of American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, Puerto
Rico, and the United States Virgin Islands.
``(12) Federal reef manager.--
``(A) In general.--The term `Federal reef manager' means--
``(i) a management unit of a Federal agency specified in
subparagraph (B) with lead management jurisdiction over a
coral reef ecosystem; or
``(ii) a coral reef stewardship partnership under section
206(c).
``(B) Federal agencies specified.--A Federal agency
specified in this subparagraph is one of the following:
``(i) The National Oceanic and Atmospheric Administration.
``(ii) The National Park Service.
``(iii) The United States Fish and Wildlife Service.
``(iv) The Office of Insular Affairs.
``(13) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(14) Interested stakeholder groups.--The term `interested
stakeholder groups' includes community members such as
businesses, commercial and recreational fishermen, other
recreationalists, covered Native entities, Federal, State,
and local government units with related jurisdiction,
institutions of higher education, and nongovernmental
organizations.
``(15) Native entity.--The term `Native entity' means any
of the following:
``(A) An Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)).
``(B) An Alaska Native Corporation.
``(C) The Department of Hawaiian Home Lands.
``(D) The Office of Hawaiian Affairs.
``(E) A Native Hawaiian organization (as defined in section
6207 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7517)).
``(16) Nonprofit organization.--The term `nonprofit
organization' means any corporation, trust, association,
cooperative, or other organization, not including an
institutions of higher education, that--
``(A) is operated primarily for scientific, educational,
service, charitable, or similar purposes in the public
interest;
``(B) is not organized primarily for profit; and
``(C) uses net proceeds to maintain, improve, or expand the
operations of the organization.
``(17) Restoration.--The term `restoration' means the use
of methods and procedures necessary to enhance, rehabilitate,
recreate, or create a functioning coral reef or coral reef
ecosystem, in whole or in part, within suitable waters of the
historical geographic range of such ecosystems, to provide
ecological, economic, cultural, or coastal resiliency
services associated with healthy coral reefs and benefit
native populations of coral reef organisms.
``(18) Resilience.--The term `resilience' means the
capacity for corals within their native range, coral reefs,
or coral reef ecosystems to resist and recover from natural
and human disturbances, and maintain structure and function
to provide ecosystem services, as determined by clearly
identifiable, measurable, and science-based standards.
``(19) Secretary.--The term `Secretary' means the Secretary
of Commerce.
``(20) State.--The term `State' means--
``(A) any State of the United States that contains a coral
reef ecosystem within its seaward boundaries;
``(B) American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, Puerto Rico, or the United States
Virgin Islands; or
``(C) any other territory or possession of the United
States or separate sovereign in free association with the
United States that contains a coral reef ecosystem within its
seaward boundaries.
``(21) Stewardship.--The term `stewardship', with respect
to a coral reef, includes conservation, restoration, and
public outreach and education.
``(22) Task force.--The term `Task Force' means the United
States Coral Reef Task Force established under section 201 of
the Restoring Resilient Reefs Act of 2022.''.
[[Page S5997]]
(b) Conforming Amendment to National Oceans and Coastal
Security Act.--Section 905(a) of the National Oceans and
Coastal Security Act (16 U.S.C. 7504(a)) is amended by
striking ``and coastal infrastructure'' and inserting ``,
coastal infrastructure, and ecosystem services provided by
natural systems such as coral reefs''.
Subtitle B--United States Coral Reef Task Force
SEC. 5121. ESTABLISHMENT.
There is established a task force to lead, coordinate, and
strengthen Federal Government actions to better preserve,
conserve, and restore coral reef ecosystems, to be known as
the ``United States Coral Reef Task Force'' (in this subtitle
referred to as the ``Task Force'').
SEC. 5122. DUTIES.
The duties of the Task Force shall be--
(1) to coordinate, in cooperation with covered States,
covered Native entities, Federal reef managers, covered reef
managers, coral reef research centers designated under
section 214(b) of the Coral Reef Conservation Act of 2000 (as
amended by section 5111), and other nongovernmental and
academic partners as appropriate, activities regarding the
mapping, monitoring, research, conservation, mitigation, and
restoration of coral reefs and coral reef ecosystems;
(2) to monitor and advise regarding implementation of the
policy and Federal agency responsibilities set forth in--
(A) Executive Order 13089 (63 Fed. Reg. 32701; relating to
coral reef protection); and
(B) the national coral reef resilience strategy developed
under section 204 of the Coral Reef Conservation Act of 2000,
as amended by section 5111;
(3) to work with the Secretary of State and the
Administrator of the United States Agency for International
Development, and in coordination with the other members of
the Task Force--
(A) to assess the United States role in international trade
and protection of coral species;
(B) to encourage implementation of appropriate strategies
and actions to promote conservation and sustainable use of
coral reef resources worldwide; and
(C) to collaborate with international communities
successful in managing coral reefs;
(4) to provide technical assistance for the development and
implementation, as appropriate, of--
(A) the national coral reef resilience strategy under
section 204 of the Coral Reef Conservation Act of 2000, as
amended by section 5111; and
(B) coral reef action plans under section 205 of that Act;
and
(5) to produce a report each year, for submission to the
appropriate congressional committees and publication on a
publicly available internet website of the Task Force,
highlighting the status of the coral reef equities of a
covered State on a rotating basis, including--
(A) a summary of recent coral reef management and
restoration activities undertaken in that State; and
(B) updated estimates of the direct and indirect economic
activity supported by, and other benefits associated with,
those coral reef equities.
SEC. 5123. MEMBERSHIP.
(a) Voting Membership.--The Task Force shall have the
following voting members:
(1) The Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, and the Secretary of the Interior, who shall
be co-chairpersons of the Task Force.
(2) The Administrator of the United States Agency for
International Development.
(3) The Secretary of Agriculture.
(4) The Secretary of Defense.
(5) The Secretary of the Army, acting through the Assistant
Secretary of the Army for Civil Works.
(6) The Secretary of Homeland Security, acting through the
Administrator of the Federal Emergency Management Agency.
(7) The Commandant of the Coast Guard.
(8) The Attorney General.
(9) The Secretary of State.
(10) The Secretary of Transportation.
(11) The Administrator of the Environmental Protection
Agency.
(12) The Administrator of the National Aeronautics and
Space Administration.
(13) The Director of the National Science Foundation.
(14) The Governor, or a representative of the Governor, of
each covered State.
(b) Nonvoting Members.--The Task Force shall have the
following nonvoting members:
(1) A member of the South Atlantic Fishery Management
Council who is designated by the Governor of Florida under
section 302(b)(1) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(b)(1)).
(2) A member of the Gulf of Mexico Fishery Management
Council who is designated by the Governor of Florida under
such section.
(3) A member of the Western Pacific Fishery Management
Council who is designated under such section and selected as
follows:
(A) For the period beginning on the date of the enactment
of this Act and ending on December 31 of the calendar year
during which such date of enactment occurs, the member shall
be selected jointly by the governors of Hawaii, American
Samoa, Guam, and the Commonwealth of the Northern Mariana
Islands.
(B) For each calendar year thereafter, the governors of
Hawaii, American Samoa, Guam, and the Commonwealth of the
Northern Mariana Islands shall, on a rotating basis, take
turns selecting the member.
(4) A member of the Caribbean Fishery Management Council
who is designated under such section and selected as follows:
(A) For the period beginning on the date of the enactment
of this Act and ending on December 31 of the calendar year
during which such date of enactment occurs, the member shall
be selected jointly by the governors of Puerto Rico and the
United States Virgin Islands.
(B) For each calendar year thereafter, the governors of
Puerto Rico and the United States Virgin Islands shall, on an
alternating basis, take turns selecting the member.
(5) A member appointed by the President of the Federated
States of Micronesia.
(6) A member appointed by the President of the Republic of
the Marshall Islands.
(7) A member appointed by the President of the Republic of
Palau.
SEC. 5124. RESPONSIBILITIES OF FEDERAL AGENCY MEMBERS.
(a) In General.--A member of the Task Force specified in
paragraphs (1) through (14) of section 5123(a) shall--
(1) identify the actions of the agency that member
represents that may affect coral reef ecosystems;
(2) utilize the programs and authorities of that agency to
protect and enhance the conditions of such ecosystems,
including through the promotion of basic and applied
scientific research;
(3) collaborate with the Task Force to appropriately
reflect budgetary needs for coral reef conservation and
restoration activities in all agency budget planning and
justification documents and processes; and
(4) engage in any other coordinated efforts approved by the
Task Force.
(b) Co-chairpersons.--In addition to their responsibilities
under subsection (a), the co-chairpersons of the Task Force
shall administer performance of the functions of the Task
Force and facilitate the coordination of the members of the
Task Force specified in paragraphs (1) through (14) of
section 5123(a).
SEC. 5125. WORKING GROUPS.
(a) In General.--The co-chairpersons of the Task Force may
establish working groups as necessary to meet the goals and
carry out the duties of the Task Force.
(b) Requests From Members.--The members of the Task Force
may request that the co-chairpersons establish a working
group under subsection (a).
(c) Participation by Nongovernmental Organizations.--The
co-chairpersons may allow nongovernmental organizations as
appropriate, including academic institutions, conservation
groups, and commercial and recreational fishing associations,
to participate in a working group established under
subsection (a).
(d) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to working groups established under this section.
SEC. 5126. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate; and
(B) the Committee on Natural Resources and the Committee on
Agriculture of the House of Representatives.
(2) Conservation, coral, coral reef, etc.--The terms
``conservation'', ``coral'', ``coral reef'', ``coral reef
ecosystem'', ``covered Native entity'', ``covered reef
manager'', ``covered State'', ``Federal reef manager'',
``Native entity'', ``restoration'', ``resilience'', and
``State'' have the meanings given those terms in section 218
of the Coral Reef Conservation Act of 2000, as amended by
section 5111.
Subtitle C--Department of the Interior Coral Reef Authorities
SEC. 5131. CORAL REEF CONSERVATION AND RESTORATION
ASSISTANCE.
(a) In General.--The Secretary of the Interior may provide
scientific expertise and technical assistance, and subject to
the availability of appropriations, financial assistance for
the conservation and restoration of coral reefs consistent
with all applicable laws governing resource management in
Federal, State, and Tribal waters, including--
(1) the national coral reef resilience strategy in effect
under section 204 of the Coral Reef Conservation Act of 2000,
as amended by section 5111; and
(2) coral reef action plans in effect under section 205 of
that Act, as applicable.
(b) Coral Reef Initiative.--The Secretary may establish a
Coral Reef Initiative Program--
(1) to provide grant funding to support local management,
conservation, and protection of coral reef ecosystems in--
(A) coastal areas of covered States; and
(B) Freely Associated States;
(2) to enhance resource availability of National Park
Service and National Wildlife Refuge System management units
to implement coral reef conservation and restoration
activities;
(3) to complement the other conservation and assistance
activities conducted under this Act or the Coral Reef
Conservation Act of 2000, as amended by section 5111; and
[[Page S5998]]
(4) to provide other technical, scientific, and financial
assistance and conduct conservation and restoration
activities that advance the purposes of this title and the
Coral Reef Conservation Act of 2000, as amended by section
5111.
(c) Consultation With the Department of Commerce.--
(1) Coral reef conservation and restoration activities.--
The Secretary of the Interior may consult with the Secretary
of Commerce regarding the conduct of any activities to
conserve and restore coral reefs and coral reef ecosystems in
waters managed under the jurisdiction of the Federal agencies
specified in paragraphs (2) and (3) of section 203(c) of the
Coral Reef Conservation Act of 2000, as amended by section
5111.
(2) Award of coral reef management fellowship.--The
Secretary of the Interior shall consult with the Secretary of
Commerce to award the Susan L. Williams Coral Reef Management
Fellowship under subtitle D.
(d) Cooperative Agreements.--Subject to the availability of
appropriations, the Secretary of the Interior may enter into
cooperative agreements with covered reef managers to fund
coral reef conservation and restoration activities in waters
managed under the jurisdiction of such managers that--
(1) are consistent with the national coral reef resilience
strategy in effect under section 204 of the Coral Reef
Conservation Act of 2000, as amended by section 5111; and
(2) support and enhance the success of coral reef action
plans in effect under section 205 of that Act.
(e) Definitions.--In this section:
(1) Conservation, coral, coral reef, etc.--The terms
``conservation'', ``coral reef'', ``covered reef manager'',
``covered State'', ``restoration'', and ``State'' have the
meanings given those terms in section 218 of the Coral Reef
Conservation Act of 2000, as amended by section 5111.
(2) Tribe; tribal.--The terms ``Tribe'' and ``Tribal''
refer to Indian Tribes (as defined in section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5130)).
Subtitle D--Susan L. Williams National Coral Reef Management Fellowship
SEC. 5141. SHORT TITLE.
This subtitle may be cited as the ``Susan L. Williams
National Coral Reef Management Fellowship Act of 2022''.
SEC. 5142. DEFINITIONS.
In this subtitle:
(1) Alaska native corporation.--The term ``Alaska Native
Corporation'' has the meaning given the term ``Native
Corporation'' in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602).
(2) Fellow.--The term ``fellow'' means a National Coral
Reef Management Fellow.
(3) Fellowship.--The term ``fellowship'' means the National
Coral Reef Management Fellowship established in section 5143.
(4) Covered native entity.--The term ``covered Native
entity'' means a Native entity of a covered State with
interests in a coral reef ecosystem.
(5) Covered state.--The term ``covered State'' means
Florida, Hawaii, and the territories of American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, Puerto
Rico, and the United States Virgin Islands.
(6) Native entity.--The term ``Native entity'' means any of
the following:
(A) An Indian Tribe (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304)).
(B) An Alaska Native Corporation.
(C) The Department of Hawaiian Home Lands.
(D) The Office of Hawaiian Affairs.
(E) A Native Hawaiian organization (as defined in section
6207 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7517)).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 5143. ESTABLISHMENT OF FELLOWSHIP PROGRAM.
(a) In General.--There is established a National Coral Reef
Management Fellowship Program.
(b) Purposes.--The purposes of the fellowship are--
(1) to encourage future leaders of the United States to
develop additional coral reef management capacity in States
and local communities with coral reefs;
(2) to provide management agencies of covered States or
covered Native entities with highly qualified candidates
whose education and work experience meet the specific needs
of each covered State or covered Native entity; and
(3) to provide fellows with professional experience in
management of coastal and coral reef resources.
SEC. 5144. FELLOWSHIP AWARDS.
(a) In General.--The Secretary, in partnership with the
Secretary of the Interior, shall award the fellowship in
accordance with this section.
(b) Term of Fellowship.--A fellowship awarded under this
section shall be for a term of not more than 24 months.
(c) Qualifications.--The Secretary shall award the
fellowship to individuals who have demonstrated--
(1) an intent to pursue a career in marine services and
outstanding potential for such a career;
(2) leadership potential, actual leadership experience, or
both;
(3) a college or graduate degree in biological science, a
resource management college or graduate degree with
experience that correlates with aptitude and interest for
marine management, or both;
(4) proficient writing and speaking skills; and
(5) such other attributes as the Secretary considers
appropriate.
SEC. 5145. MATCHING REQUIREMENT.
(a) In General.--Except as provided in subsection (b), the
non-Federal share of the costs of a fellowship under this
section shall be 25 percent of such costs.
(b) Waiver of Requirements.--The Secretary may waive the
application of subsection (a) if the Secretary finds that
such waiver is necessary to support a project that the
Secretary has identified as a high priority.
TITLE LII--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
SEC. 5201. SHORT TITLE.
This title may be cited as the ``Bolstering Long-term
Understanding and Exploration of the Great Lakes, Oceans,
Bays, and Estuaries Act'' or the ``BLUE GLOBE Act''.
SEC. 5202. PURPOSE.
The purpose of this title is to promote and support--
(1) the monitoring, understanding, and exploration of the
Great Lakes, oceans, bays, estuaries, and coasts; and
(2) the collection, analysis, synthesis, and sharing of
data related to the Great Lakes, oceans, bays, estuaries, and
coasts to facilitate science and operational decision making.
SEC. 5203. SENSE OF CONGRESS.
It is the sense of Congress that Federal agencies should
optimize data collection, management, and dissemination, to
the extent practicable, to maximize their impact for
research, conservation, commercial, regulatory, and
educational benefits and to foster innovation, scientific
discoveries, the development of commercial products, and the
development of sound policy with respect to the Great Lakes,
oceans, bays, estuaries, and coasts.
SEC. 5204. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Under Secretary of Commerce for Oceans and Atmosphere in the
Under Secretary's capacity as Administrator of the National
Oceanic and Atmospheric Administration.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
SEC. 5205. WORKFORCE STUDY.
(a) In General.--Section 303(a) of the America COMPETES
Reauthorization Act of 2010 (33 U.S.C. 893c(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``Secretary of Commerce'' and inserting ``Under Secretary of
Commerce for Oceans and Atmosphere'';
(2) in paragraph (2), by inserting ``, skillsets, or
credentials'' after ``degrees'';
(3) in paragraph (3), by inserting ``or highly qualified
technical professionals and tradespeople'' after
``atmospheric scientists'';
(4) in paragraph (4), by inserting ``, skillsets, or
credentials'' after ``degrees'';
(5) in paragraph (5)--
(A) by striking ``scientist''; and
(B) by striking ``; and'' and inserting ``, observations,
and monitoring;''
(6) in paragraph (6), by striking ``into Federal'' and all
that follows and inserting ``, technical professionals, and
tradespeople into Federal career positions;''
(7) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(8) by inserting after paragraph (1) the following:
``(2) whether there is a shortage in the number of
individuals with technical or trade-based skillsets or
credentials suited to a career in oceanic and atmospheric
data collection, processing, satellite production, or
satellite operations;''; and
(9) by adding at the end the following:
``(8) workforce diversity and actions the Federal
Government can take to increase diversity in the scientific
workforce; and
``(9) actions the Federal Government can take to shorten
the hiring backlog for such workforce.''.
(b) Coordination.--Section 303(b) of such Act (33 U.S.C.
893c(b)) is amended by striking ``Secretary of Commerce'' and
inserting ``Under Secretary of Commerce for Oceans and
Atmosphere''.
(c) Report.--Section 303(c) of such Act (33 U.S.C. 893c(c))
is amended--
(1) by striking ``the date of enactment of this Act'' and
inserting ``the date of the enactment of the Bolstering Long-
term Understanding and Exploration of the Great Lakes,
Oceans, Bays, and Estuaries Act'';
(2) by striking ``Secretary of Commerce'' and inserting
``Under Secretary of Commerce for Oceans and Atmosphere'';
and
(3) by striking ``to each committee'' and all that follows
through ``section 302 of this Act'' and inserting ``to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Natural Resources and the
Committee on Science, Space, and Technology of the House of
Representatives''.
(d) Program and Plan.--Section 303(d) of such Act (33
U.S.C. 893c(d)) is amended--
[[Page S5999]]
(1) by striking ``Administrator of the National Oceanic and
Atmospheric Administration'' and inserting ``Under Secretary
of Commerce for Oceans and Atmosphere''; and
(2) by striking ``academic partners'' and all that follows
and inserting ``academic partners.''.
SEC. 5206. ACCELERATING INNOVATION AT COOPERATIVE INSTITUTES.
(a) Focus on Emerging Technologies.--The Administrator
shall consider evaluating the goals of one or more
Cooperative Institutes of the National Oceanic and
Atmospheric Administration to include focusing on advancing
or applying emerging technologies, which may include--
(1) applied uses and development of real-time and other
advanced genetic technologies and applications, including
such technologies and applications that derive genetic
material directly from environmental samples without any
obvious signs of biological source material;
(2) deployment of, and improvements to, the durability,
maintenance, and other lifecycle concerns of advanced
unmanned vehicles, regional small research vessels, and other
research vessels that support and launch unmanned vehicles
and sensors; and
(3) supercomputing and big data management, including data
collected through model outputs, electronic monitoring, and
remote sensing.
(b) Coordination With Other Programs.--If appropriate, the
Cooperative Institutes shall work with the Interagency Ocean
Observation Committee, the regional associations of the
Integrated Ocean Observing System, and other ocean observing
programs to coordinate technology needs and the transition of
new technologies from research to operations.
SEC. 5208. BLUE ECONOMY VALUATION.
(a) Measurement of Blue Economy Industries.--The
Administrator, in consultation with the heads of other
relevant Federal agencies, shall establish a program to
improve the collection, aggregation, and analysis of data to
measure the value and impact of industries related to the
Great Lakes, oceans, bays, estuaries, and coasts on the
economy of the United States, including living resources,
marine construction, marine transportation, offshore energy
development and siting including for renewable energy,
offshore mineral production, ship and boat building, tourism,
recreation, subsistence, commercial, recreational, and
charter fishing, seafood processing, and other fishery-
related businesses, aquaculture such as kelp and shellfish,
and other industries the Administrator considers appropriate
(known as ``Blue Economy'' industries).
(b) Collaboration.--In carrying out subsection (a), the
Administrator shall--
(1) work with the Director of the Bureau of Economic
Analysis and the heads of other relevant Federal agencies to
develop a Coastal and Ocean Economy Satellite Account that
includes national, Tribal, and State-level statistics to
measure the contribution of the Great Lakes, oceans, bays,
estuaries, and coasts to the overall economy of the United
States; and
(2) collaborate with national and international
organizations and governments to promote consistency of
methods, measurements, and definitions to ensure
comparability of results between countries.
(c) Report.--Not less frequently than once every 2 years
until the date that is 20 years after the date of the
enactment of this Act, the Administrator, in consultation
with the heads of other relevant Federal agencies, shall
publish a report that--
(1) defines the Blue Economy, in coordination with Indian
Tribes, academia, the private sector, nongovernmental
organizations, and other relevant experts;
(2) makes recommendations for updating North American
Industry Classification System (NAICS) reporting codes to
reflect the Blue Economy; and
(3) provides a comprehensive estimate of the value and
impact of the Blue Economy with respect to each State and
territory of the United States, including--
(A) the value and impact of--
(i) economic activities that are dependent upon the
resources of the Great Lakes, oceans, bays, estuaries, and
coasts;
(ii) the population and demographic characteristics of the
population along the coasts;
(iii) port and shoreline infrastructure;
(iv) the volume and value of cargo shipped by sea or across
the Great Lakes; and
(v) data collected from the Great Lakes, oceans, bays,
estuaries, and coasts, including such data collected by
businesses that purchase and commodify the data, including
weather prediction and seasonal agricultural forecasting; and
(B) to the extent possible, the qualified value and impact
of the natural capital of the Great Lakes, oceans, bays,
estuaries, and coasts with respect to tourism, recreation,
natural resources, and cultural heritage, including other
indirect values.
SEC. 5210. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are to be authorized to carry out this
title.
SEC. 5211. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to
carry out this title.
TITLE LIII--REGIONAL OCEAN PARTNERSHIPS
SEC. 5301. SHORT TITLE.
This title may be cited as the ``Regional Ocean Partnership
Act''.
SEC. 5302. FINDINGS; SENSE OF CONGRESS; PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The ocean and coastal waters and the Great Lakes of the
United States are foundational to the economy, security,
global competitiveness, and well-being of the United States
and continuously serve the people of the United States and
other countries as an important source of food, energy,
economic productivity, recreation, beauty, and enjoyment.
(2) Over many years, the resource productivity and water
quality of the ocean, coastal, and Great Lakes areas of the
United States have been diminished by pollution, increasing
population demands, economic development, and natural and
man-made hazard events, both acute and chronic.
(3) The ocean, coastal, and Great Lakes areas of the United
States are managed by State and Federal resource agencies and
Indian Tribes and regulated on an interstate and regional
scale by various overlapping Federal authorities, thereby
creating a significant need for interstate coordination to
enhance regional priorities, including the ecological and
economic health of those areas.
(4) Indian Tribes have unique expertise and knowledge
important for the stewardship of the ocean and coastal waters
and the Great Lakes of the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should seek to support interstate
coordination of shared regional priorities relating to the
management, conservation, resilience, and restoration of
ocean, coastal, and Great Lakes areas to maximize
efficiencies through collaborative regional efforts by
Regional Ocean Partnerships, in coordination with Federal and
State agencies, Indian Tribes, and local authorities;
(2) such efforts would enhance existing and effective
ocean, coastal, and Great Lakes management efforts of States
and Indian Tribes based on shared regional priorities; and
(3) Regional Ocean Partnerships should coordinate with
Indian Tribes.
(c) Purposes.--The purposes of this title are as follows:
(1) To complement and expand cooperative voluntary efforts
intended to manage, conserve, and restore ocean, coastal, and
Great Lakes areas spanning across multiple State and Indian
Tribe jurisdictions.
(2) To expand Federal support for monitoring, data
management, restoration, research, and conservation
activities in ocean, coastal, and Great Lakes areas.
(3) To commit the United States to a comprehensive
cooperative program to achieve improved water quality in, and
improvements in the productivity of living resources of,
oceans, coastal, and Great Lakes ecosystems.
(4) To authorize Regional Ocean Partnerships as
intergovernmental coordinators for shared regional priorities
among States and Indian Tribes relating to the collaborative
management of the large marine ecosystems, thereby reducing
duplication of efforts and maximizing opportunities to
leverage support in the ocean and coastal regions.
(5) To empower States to take a lead role in managing
oceans, coastal, and Great Lakes areas.
(6) To incorporate rights of Indian Tribes in the
management of oceans, coasts, and Great Lakes resources and
provide resources to support Indian Tribe participation in
and engagement with Regional Ocean Partnerships.
(7) To enable Regional Ocean Partnerships, or designated
fiscal management entities of such partnerships, to receive
Federal funding to conduct the scientific research,
conservation and restoration activities, and priority
coordination on shared regional priorities necessary to
achieve the purposes described in paragraphs (1) through (6).
SEC. 5303. REGIONAL OCEAN PARTNERSHIPS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Coastal state.--The term ``coastal state'' has the
meaning given that term in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453).
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Regional ocean partnership.--The term ``Regional Ocean
Partnership'' means a Regional Ocean Partnership, a Regional
Coastal Partnership, or a Regional Great Lakes Partnership.
(b) Regional Ocean Partnerships.--
(1) In general.--A coastal state may participate in a
Regional Ocean Partnership with one or more--
(A) coastal states that share a common ocean or coastal
area with the coastal state, without regard to whether the
coastal states are contiguous; and
(B) States--
(i) with which the coastal state shares a common watershed;
or
(ii) that would contribute to the priorities of the
partnership.
(2) Great lakes.--A partnership consisting of one or more
coastal states bordering one or more of the Great Lakes may
be known as a ``Regional Coastal Partnership'' or a
``Regional Great Lakes Partnership''.
[[Page S6000]]
(3) Application.--The Governor of a coastal state or the
Governors of a group of coastal states may apply to the
Secretary of Commerce, on behalf of a partnership, for the
partnership to receive designation as a Regional Ocean
Partnership if the partnership--
(A) meets the requirements under paragraph (4); and
(B) submits an application for such designation in such
manner, in such form, and containing such information as the
Secretary may require.
(4) Requirements.--A partnership is eligible for
designation as a Regional Ocean Partnership by the Secretary
under paragraph (3) if the partnership--
(A) is established to coordinate the management of ocean,
coastal, and Great Lakes resources among State governments
and Indian Tribes;
(B) focuses on the environmental issues affecting the
ocean, coastal, and Great Lakes areas of the members
participating in the partnership;
(C) complements existing coastal and ocean management
efforts of States and Indian Tribes on an interstate scale,
focusing on shared regional priorities;
(D) does not have a regulatory function; and
(E) is not duplicative of an existing Regional Ocean
Partnership designated under paragraph (5), as determined by
the Secretary.
(5) Designation of certain entities as regional ocean
partnerships.--Notwithstanding paragraph (3) or (4), the
following entities are designated as Regional Ocean
Partnerships:
(A) The Gulf of Mexico Alliance, comprised of the States of
Alabama, Florida, Louisiana, Mississippi, and Texas.
(B) The Northeast Regional Ocean Council, comprised of the
States of Maine, Vermont, New Hampshire, Massachusetts,
Connecticut, and Rhode Island.
(C) The Mid-Atlantic Regional Council on the Ocean,
comprised of the States of New York, New Jersey, Delaware,
Maryland, and Virginia.
(D) The West Coast Ocean Alliance, comprised of the States
of California, Oregon, and Washington and the coastal Indian
Tribes therein.
(c) Governing Bodies of Regional Ocean Partnerships.--
(1) In general.--A Regional Ocean Partnership designated
under subsection (b) shall have a governing body.
(2) Membership.--A governing body described in paragraph
(1)--
(A) shall be comprised, at a minimum, of voting members
from each coastal state participating in the Regional Ocean
Partnership, designated by the Governor of the coastal state;
and
(B) may include such other members as the partnership
considers appropriate.
(d) Functions.--A Regional Ocean Partnership designated
under subsection (b) may perform the following functions:
(1) Promote coordination of the actions of the agencies of
coastal states participating in the partnership with the
actions of the appropriate officials of Federal agencies,
State governments, and Indian Tribes in developing
strategies--
(A) to conserve living resources, increase valuable
habitats, enhance coastal resilience and ocean management,
promote ecological and economic health, and address such
other issues related to the shared ocean, coastal, or Great
Lakes areas as are determined to be a shared, regional
priority by those states; and
(B) to manage regional data portals and develop associated
data products for purposes that support the priorities of the
partnership.
(2) In cooperation with appropriate Federal and State
agencies, Indian Tribes, and local authorities, develop and
implement specific action plans to carry out coordination
goals.
(3) Coordinate and implement priority plans and projects,
and facilitate science, research, modeling, monitoring, data
collection, and other activities that support the goals of
the partnership through the provision of grants and contracts
under subsection (f).
(4) Engage, coordinate, and collaborate with relevant
governmental entities and stakeholders to address ocean and
coastal related matters that require interagency or
intergovernmental solutions.
(5) Implement outreach programs for public information,
education, and participation to foster stewardship of the
resources of the ocean, coastal, and Great Lakes areas, as
relevant.
(6) Develop and make available, through publications,
technical assistance, and other appropriate means,
information pertaining to cross-jurisdictional issues being
addressed through the coordinated activities of the
partnership.
(7) Serve as a liaison with, and provide information to,
international counterparts, as appropriate on priority issues
for the partnership.
(e) Coordination, Consultation, and Engagement.--
(1) In general.--A Regional Ocean Partnership designated
under subsection (b) shall maintain mechanisms for
coordination, consultation, and engagement with the
following:
(A) The Federal Government.
(B) Indian Tribes.
(C) Nongovernmental entities, including academic
organizations, nonprofit organizations, and private sector
entities.
(D) Other federally mandated regional entities, including
the Regional Fishery Management Councils, the regional
associations of the National Integrated Coastal and Ocean
Observation System, and relevant Marine Fisheries
Commissions.
(2) Rule of construction.--Nothing in paragraph (1)(B) may
be construed as affecting any requirement to consult with
Indian Tribes under Executive Order 13175 (25 U.S.C. 5301
note; relating to consultation and coordination with Indian
tribal governments) or any other applicable law or policy.
(f) Grants and Contracts.--
(1) In general.--A Regional Ocean Partnership designated
under subsection (b) may, in coordination with existing
Federal and State management programs, from amounts made
available to the partnership by the Administrator or the head
of another Federal agency, provide grants and enter into
contracts for the purposes described in paragraph (2).
(2) Purposes.--The purposes described in this paragraph
include any of the following:
(A) Monitoring the water quality and living resources of
multi-State ocean and coastal ecosystems and coastal
communities.
(B) Researching and addressing the effects of natural and
human-induced environmental changes on--
(i) ocean and coastal ecosystems; and
(ii) coastal communities.
(C) Developing and executing cooperative strategies that--
(i) address regional data issues identified by the
partnership; and
(ii) will result in more effective management of common
ocean and coastal areas.
(g) Report Required.--
(1) In general.--Not later than 5 years after the date of
the enactment of this Act, the Administrator, in coordination
with the Regional Ocean Partnerships designated under
subsection (b), shall submit to Congress a report on the
partnerships.
(2) Report requirements.--The report required by paragraph
(1) shall include the following:
(A) An assessment of the overall status of the work of the
Regional Ocean Partnerships designated under subsection (b).
(B) An assessment of the effectiveness of the partnerships
in supporting regional priorities relating to the management
of common ocean, coastal, and Great Lakes areas.
(C) An assessment of the effectiveness of the strategies
that the partnerships are supporting or implementing and the
extent to which the priority needs of the regions covered by
the partnerships are being met through such strategies.
(D) An assessment of how the efforts of the partnerships
support or enhance Federal and State efforts consistent with
the purposes of this title.
(E) Such recommendations as the Administrator may have for
improving--
(i) efforts of the partnerships to support the purposes of
this title; and
(ii) collective strategies that support the purposes of
this title in coordination with all relevant Federal and
State entities and Indian Tribes.
(F) The distribution of funds from each partnership for
each fiscal year covered by the report.
(h) Availability of Federal Funds.--In addition to amounts
made available to the Regional Ocean Partnerships designated
under subsection (b) by the Administrator under this section,
the head of any other Federal agency may provide grants to,
enter into contracts with, or otherwise provide funding to
such partnerships.
(i) Authorities.--Nothing in this section establishes any
new legal or regulatory authority of the National Oceanic and
Atmospheric Administration or of the Regional Ocean
Partnerships designated under subsection (b), other than--
(1) the authority of the Administrator to provide amounts
to the partnerships; and
(2) the authority of the partnerships to provide grants and
enter into contracts under subsection (f).
TITLE LIV--NATIONAL OCEAN EXPLORATION
SEC. 5401. SHORT TITLE.
This title may be cited as the ``National Ocean Exploration
Act''.
SEC. 5402. FINDINGS.
Congress makes the following findings:
(1) The health and resilience of the ocean are vital to the
security and economy of the United States and to the lives of
the people of the United States.
(2) The United States depends on the ocean to regulate
weather and climate, to sustain and protect the diversity of
life, for maritime shipping, for national defense, and for
food, energy, medicine, recreation, and other services
essential to the people of the United States and all
humankind.
(3) The prosperity, security, and well-being of the United
States depend on successful understanding and stewardship of
the ocean.
(4) Interdisciplinary cooperation and engagement among
government agencies, research institutions, nongovernmental
organizations, States, Indian Tribes, and the private sector
are essential for successful stewardship of ocean and coastal
environments, national economic growth, national security,
and development of agile strategies that develop, promote,
and use new technologies.
(5) Ocean exploration can help the people of the United
States understand how to be effective stewards of the ocean
and serve as catalysts and enablers for other sectors of the
economy.
[[Page S6001]]
(6) Mapping, exploration, and characterization of the ocean
provides basic, essential information to protect and restore
the marine environment, stimulate economic activity, and
provide security for the United States.
(7) A robust national ocean exploration program engaging
multiple Federal agencies, Indian Tribes, the private sector,
nongovernmental organizations, and academia is--
(A) essential to the interests of the United States and
vital to its security and economy and the health and well-
being of all people of the United States; and
(B) critical to reestablish the United States at the
forefront of global ocean exploration and stewardship.
SEC. 5403. DEFINITIONS.
In this title:
(1) Characterization.--The term ``characterization'' refers
to activities that provide comprehensive data and
interpretations for a specific area of interest of the
seafloor, sub-bottom, water column, or hydrologic features,
such as water masses and currents, in direct support of
specific research, environmental protection, resource
management, policymaking, or applied mission objectives.
(2) Exploration.--The term ``exploration'' refers to
activities that provide--
(A) a multidisciplinary view of an unknown or poorly
understood area of the seafloor, sub-bottom, or water column;
and
(B) an initial assessment of the physical, chemical,
geological, biological, archeological, or other
characteristics of such an area.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Mapping.--The term ``mapping'' refers to activities
that provide comprehensive data and information needed to
understand seafloor characteristics, such as depth,
topography, bottom type, sediment composition and
distribution, underlying geologic structure, and benthic
flora and fauna.
SEC. 5404. OCEAN POLICY COMMITTEE.
(a) Subcommittees.--Section 8932(c) of title 10, United
States Code, is amended to read as follows:
``(c) Subcommittees.--(1) The Committee shall include--
``(A) a subcommittee to be known as the `Ocean Science and
Technology Subcommittee'; and
``(B) a subcommittee to be known as the `Ocean Resource
Management Subcommittee'.
``(2) In discharging its responsibilities in support of
agreed-upon scientific needs, and to assist in the execution
of the responsibilities described in subsection (b), the
Committee may delegate responsibilities to the Ocean Science
and Technology Subcommittee, the Ocean Resource Management
Subcommittee, or another subcommittee of the Committee, as
the Committee determines appropriate.''.
(b) Increased Access to Geospatial Data for More Efficient
and Informed Decision Making.--
(1) Establishment of document system.--Section 8932(b) of
title 10, United States Code, is amended--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4)(F), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) establish or designate one or more systems for ocean-
related documents prepared under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), in accordance
with subsection (h).''.
(2) Elements.--Section 8932 of such title is amended--
(A) by redesignating subsection (h) as subsection (i); and
(B) by inserting after subsection (g) the following new
subsection (h):
``(h) Elements of Document System.--The systems established
or designated under subsection (b)(5) shall include the
following:
``(1) A publicly accessible, centralized digital archive of
documents described in subsection (b)(5) that are finalized
after the date of the enactment of the National Ocean
Exploration Act, including--
``(A) environmental impact statements;
``(B) environmental assessments;
``(C) categorical exclusions;
``(D) records of decision; and
``(E) other relevant documents as determined by the
Committee.
``(2) Geospatially referenced data, if any, contained in
the documents under paragraph (1).
``(3) A mechanism to retrieve information through geo-
information tools that can map and integrate relevant
geospatial information, such as--
``(A) Ocean Report Tools;
``(B) the Environmental Studies Program Information System;
``(C) Regional Ocean Partnerships; and
``(D) the Integrated Ocean Observing System.''.
SEC. 5405. NATIONAL OCEAN MAPPING, EXPLORATION, AND
CHARACTERIZATION COUNCIL.
(a) Establishment.--The President shall establish a
council, to be known as the ``National Ocean Mapping,
Exploration, and Characterization Council'' (in this section
referred to as the ``Council'').
(b) Purpose.--The Council shall--
(1) update national priorities for ocean mapping,
exploration, and characterization; and
(2) coordinate and facilitate activities to advance those
priorities.
(c) Reporting.--The Council shall report to the Ocean
Science and Technology Subcommittee of the Ocean Policy
Committee established under section 8932(c) of title 10,
United States Code.
(d) Membership.--The Council shall be composed of not fewer
than one senior-level representative from each of the
following:
(1) The Department of the Navy.
(2) The Department of the Interior.
(3) The National Oceanic and Atmospheric Administration.
(4) The department in which the Coast Guard is operating.
(5) The Office of Management and Budget.
(6) The Office of Science and Technology Policy.
(7) The National Science Foundation.
(8) The National Aeronautics and Space Administration.
(9) The Marine Mammal Commission.
(10) The Department of Transportation.
(11) The Department of Energy.
(12) The Office of the Director of National Intelligence.
(e) Co-Chairs.--The Council shall be co-chaired by--
(1) two senior-level representatives from the National
Oceanic and Atmospheric Administration; and
(2) one senior-level representative from the Department of
the Interior.
(f) Duties.--The Council shall--
(1) set national ocean mapping, exploration, and
characterization priorities and strategies;
(2) cultivate and facilitate transparent and sustained
partnerships among Federal and State agencies, Indian Tribes,
private industry, academia, and nongovernmental organizations
to conduct ocean mapping, exploration, and characterization
activities and related technology development;
(3) coordinate improved processes for data compilation,
management, access, synthesis, and visualization with respect
to ocean mapping, exploration, and characterization, with a
focus on building on existing ocean data management systems,
as appropriate;
(4) encourage education, workforce training, and public
engagement activities that--
(A) advance interdisciplinary principles that contribute to
ocean mapping, exploration, research, and characterization;
(B) improve public engagement with and understanding of
ocean science; and
(C) provide opportunities for underserved populations;
(5) coordinate activities as appropriate with domestic and
international ocean mapping, exploration, and
characterization initiatives or programs; and
(6) establish and monitor metrics to track progress in
achieving the priorities set under paragraph (1).
(g) Interagency Working Group on Ocean Exploration and
Characterization.--
(1) Establishment.--The President shall establish a new
interagency working group to be known as the ``Interagency
Working Group on Ocean Exploration and Characterization''.
(2) Membership.--The Interagency Working Group on Ocean
Exploration and Characterization shall be comprised of senior
representatives from Federal agencies with ocean exploration
and characterization responsibilities.
(3) Functions.--The Interagency Working Group on Ocean
Exploration and Characterization shall support the Council
and the Ocean Science and Technology Subcommittee of the
Ocean Policy Committee established under section 8932(c) of
title 10, United States Code, on ocean exploration and
characterization activities and associated technology
development across the Federal Government, State governments,
Indian Tribes, private industry, nongovernmental
organizations, and academia.
(h) Oversight.--The Council shall oversee--
(1) the Interagency Working Group on Ocean Exploration and
Characterization established under subsection (g)(1); and
(2) the Interagency Working Group on Ocean and Coastal
Mapping under section 12203 of the Ocean and Coastal Mapping
Integration Act (33 U.S.C. 3502).
(i) Plan.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Council shall develop or
update and submit to the appropriate committees of Congress a
plan for an integrated cross-sectoral ocean mapping,
exploration, and characterization initiative.
(2) Elements.--The plan required by paragraph (1) shall--
(A) discuss the utility and benefits of ocean exploration
and characterization;
(B) identify and describe national ocean mapping,
exploration, and characterization priorities;
(C) identify and describe Federal and federally funded
ocean mapping, exploration, and characterization programs;
(D) facilitate and incorporate non-Federal input into
national ocean mapping, exploration, and characterization
priorities;
(E) ensure effective coordination of ocean mapping,
exploration, and characterization activities among programs
described in subparagraph (C);
(F) identify opportunities for combining overlapping or
complementary needs, activities, and resources of Federal
agencies and non-Federal organizations relating to ocean
mapping, exploration, and characterization while not reducing
benefits from existing
[[Page S6002]]
mapping, explorations, and characterization activities;
(G) promote new and existing partnerships among Federal and
State agencies, Indian Tribes, private industry, academia,
and nongovernmental organizations to conduct or support ocean
mapping, exploration, and characterization activities and
technology development needs, including through coordination
under section 3 of the Commercial Engagement Through Ocean
Technology Act of 2018 (33 U.S.C. 4102) and the National
Oceanographic Partnership Program under section 8931 of title
10, United States Code;
(H) develop a transparent and sustained mechanism for non-
Federal partnerships and stakeholder engagement in strategic
planning and mission execution to be implemented not later
than December 31, 2023;
(I) establish standardized collection and data management
protocols, such as with respect to metadata, for ocean
mapping, exploration, and characterization;
(J) encourage the development, testing, demonstration, and
adoption of innovative ocean mapping, exploration, and
characterization technologies and applications;
(K) promote protocols for accepting data, equipment,
approaches, or other resources that support national ocean
mapping, exploration, and characterization priorities;
(L) identify best practices for the protection of marine
life during mapping, exploration, and characterization
activities;
(M) identify training, technology, and other resource
requirements for enabling the National Oceanic and
Atmospheric Administration and other appropriate Federal
agencies to support a coordinated national ocean mapping,
exploration, and characterization effort;
(N) identify and facilitate a centralized mechanism or
office for coordinating data collection, compilation,
processing, archiving, and dissemination activities relating
to ocean mapping, exploration, and characterization that
meets Federal mandates for data accuracy and accessibility;
(O) designate repositories responsible for archiving and
managing ocean mapping, exploration, and characterization
data;
(P) set forth a timetable and estimated costs for
implementation and completion of the plan;
(Q) to the extent practicable, align ocean exploration and
characterization efforts with existing programs and identify
key gaps; and
(R) identify criteria for determining the optimal frequency
of observations.
(j) Briefings.--Not later than 1 year after the date of the
enactment of this Act, and not less frequently than once
every 2 years thereafter, the Council shall brief the
appropriate committees of Congress on--
(1) progress made toward meeting the national priorities
described in subsection (i)(2)(B); and
(2) recommendations for meeting such priorities, such as
additional authorities that may be needed to develop a
mechanism for non-Federal partnerships and stakeholder
engagement described in subsection (i)(2)(H).
(k) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Commerce, Science, and Transportation
and the Committee on Armed Services of the Senate; and
(2) the Committee on Natural Resources, the Committee on
Science, Space, and Technology, and the Committee on Armed
Services of the House of Representatives.
SEC. 5406. MODIFICATIONS TO THE OCEAN EXPLORATION PROGRAM OF
THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION.
(a) Purpose.--Section 12001 of the Omnibus Public Land
Management Act of 2009 (33 U.S.C. 3401) is amended by
striking ``and the national undersea research program''.
(b) Program Established.--Section 12002 of such Act (33
U.S.C. 3402) is amended--
(1) in the first sentence, by striking ``and undersea'';
and
(2) in the second sentence, by striking ``and undersea
research and exploration'' and inserting ``research and ocean
exploration and characterization efforts''.
(c) Powers and Duties of the Administrator.--
(1) In general.--Section 12003(a) of such Act (33 U.S.C.
3403(a)) is amended--
(A) in the matter preceding paragraph (1), by inserting ``,
in coordination with the Ocean Policy Committee established
under section 8932 of title 10, United States Code,'' after
``Administration'';
(B) in paragraph (1)--
(i) by striking ``voyages'' and inserting ``expeditions'';
(ii) by striking ``Federal agencies'' and all that follows
through ``and survey'' and inserting ``Federal and State
agencies, Tribal governments, private industry, academia, and
nongovernmental organizations, to map, explore, and
characterize''; and
(iii) by inserting ``characterize,'' after ``observe,'';
(C) in paragraph (2), by inserting ``of the exclusive
economic zone'' after ``deep ocean regions'';
(D) in paragraph (3), by striking ``voyages'' and inserting
``expeditions'';
(E) in paragraph (4), by striking ``, in consultation with
the National Science Foundation,'';
(F) by amending paragraph (5) to read as follows:
``(5) support technological innovation of the United States
marine science community by promoting the development and use
of new and emerging technologies for research, communication,
navigation, and data collection, such as sensors and
autonomous vehicles;'';
(G) in paragraph (6)--
(i) by inserting ``, in collaboration with the National
Ocean Mapping, Exploration, and Characterization Council
established under section 5405 of the National Ocean
Exploration Act,'' after ``forum''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(H) by adding at the end the following:
``(7) provide guidance, in coordination with the National
Ocean Mapping, Exploration, and Characterization Council, to
Federal and State agencies, Tribal governments, private
industry, academia (including secondary schools, community
colleges, and universities), and nongovernmental
organizations on data standards, protocols for accepting
data, and coordination of data collection, compilation,
processing, archiving, and dissemination for data relating to
ocean exploration and characterization.''.
(2) Donations.--Section 12003(b) of such Act (33 U.S.C.
3403(b)) is amended to read as follows:
``(b) Donations.--For the purpose of mapping, exploring,
and characterizing the oceans or increasing the knowledge of
the oceans, the Administrator may--
``(1) accept monetary donations and donations of property,
data, and equipment; and
``(2) pay all necessary expenses in connection with the
conveyance or transfer of a gift, devise, or bequest.''.
(3) Definition of exclusive economic zone.--Section 12003
of such Act (33 U.S.C. 3403) is amended by adding at the end
the following:
``(c) Definition of Exclusive Economic Zone.--In this
section, the term `exclusive economic zone' means the zone
established by Presidential Proclamation Number 5030, dated
March 10, 1983 (16 U.S.C. 1453 note; relating to the
exclusive economic zone of the United States of America).''.
(d) Repeal of Ocean Exploration and Undersea Research
Technology and Infrastructure Task Force.--Section 12004 of
such Act (33 U.S.C. 3404) is repealed.
(e) Education, Workforce Training, and Outreach.--
(1) In general.--Such Act is further amended by inserting
after section 12003 the following new section 12004:
``SEC. 12004. EDUCATION, WORKFORCE TRAINING, AND OUTREACH.
``(a) In General.--The Administrator of the National
Oceanic and Atmospheric Administration shall--
``(1) conduct education and outreach efforts in order to
broadly disseminate information to the public on the
discoveries made by the program under section 12002; and
``(2) to the extent possible, coordinate the efforts
described in paragraph (1) with the outreach strategies of
other domestic or international ocean mapping, exploration,
and characterization initiatives.
``(b) Education and Outreach Efforts.--Efforts described in
subsection (a)(1) may include--
``(1) education of the general public, teachers, students,
and ocean and coastal resource managers; and
``(2) workforce training, reskilling, and opportunities to
encourage development of ocean related science, technology,
engineering, and mathematics (STEM) technical training
programs involving secondary schools, community colleges, and
universities, including Historically Black Colleges or
Universities (within the meaning of the term ``part B
institution'' under section 322 of the Higher Education Act
of 1965 (20 U.S.C. 1061)), Tribal Colleges or Universities
(as defined in section 316(b) of such Act (20 U.S.C.
1059c(b))), and other minority-serving institutions (as
described in section 371(a) of such Act (20 U.S.C.
1067q(a))).
``(c) Outreach Strategy.--Not later than 180 days after the
date of the enactment of the National Ocean Exploration Act,
the Administrator of the National Oceanic and Atmospheric
Administration shall develop an outreach strategy to broadly
disseminate information on the discoveries made by the
program under section 12002.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 991) is amended by striking the
item relating to section 12004 and inserting the following:
``Sec. 12004. Education, workforce training, and outreach.
(f) Ocean Exploration Advisory Board.--
(1) Establishment.--Section 12005(a)(1) of such Act (33
U.S.C. 3505(1)) is amended by inserting ``and the National
Ocean Mapping, Exploration, and Characterization Council
established under section 5405 of the National Ocean
Exploration Act'' after ``advise the Administrator''.
(2) Technical amendment.--Section 12005(c) of such Act (33
U.S.C. 3505(c)) is amended by inserting ``this'' before
``part''.
(g) Authorization of Appropriations.--Section 12006 of such
Act (33 U.S.C. 3406) is amended by striking ``this part'' and
all that follows and inserting ``this part $60,000,000 for
each of fiscal years 2023 through 2028''.
(h) Definitions.--Such Act is further amended by inserting
after section 12006 the following:
``SEC. 12007. DEFINITIONS.
``In this part:
``(1) Characterization.--The terms `characterization',
`characterize', and `characterizing' refer to activities that
provide comprehensive data and interpretations for a
[[Page S6003]]
specific area of interest of the seafloor, sub-bottom, water
column, or hydrologic features, such as water masses and
currents, in direct support of specific research,
environmental protection, resource management, policymaking,
or applied mission objectives.
``(2) Exploration.--The term `exploration', `explore', and
`exploring' refer to activities that provide--
``(A) a multidisciplinary view of an unknown or poorly
understood area of the seafloor, sub-bottom, or water column;
and
``(B) an initial assessment of the physical, chemical,
geological, biological, archaeological, or other
characteristics of such an area.
``(3) Mapping.--The terms `map' and `mapping' refer to
activities that provide comprehensive data and information
needed to understand seafloor characteristics, such as depth,
topography, bottom type, sediment composition and
distribution, underlying geologic structure, and benthic
flora and fauna.''.
(i) Clerical Amendment.--The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 991) is amended by inserting
after the item relating to section 12006 the following:
``Sec. 12007. Definitions.
SEC. 5407. REPEAL.
(a) In General.--The NOAA Undersea Research Program Act of
2009 (part II of subtitle A of title XII of Public Law 111-
11; 33 U.S.C. 3421 et seq.) is repealed.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 991) is amended by striking the
items relating to part II of subtitle A of title XII of such
Act.
SEC. 5408. MODIFICATIONS TO OCEAN AND COASTAL MAPPING PROGRAM
OF THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION.
(a) Establishment of Program.--
(1) In general.--Section 12202(a) of the Ocean and Coastal
Mapping Integration Act (33 U.S.C. 3501(a)) is amended--
(A) by striking ``establish a program to develop a
coordinated and'' and inserting ``establish and maintain a
program to coordinate'';
(B) by striking ``plan'' and inserting ``efforts''; and
(C) by striking ``that enhances'' and all that follows and
inserting ``that--
``(1) enhances ecosystem approaches in decision-making for
natural resource and habitat management restoration and
conservation, emergency response, and coastal resilience and
adaptation;
``(2) establishes research and mapping priorities;
``(3) supports the siting of research and other platforms;
and
``(4) advances ocean and coastal science.''.
(2) Membership.--Section 12202 of such Act (33 U.S.C. 3501)
is amended by striking subsection (b) and redesignating
subsection (c) as subsection (b).
(3) Program parameters.--Subsection (b) of section 12202 of
such Act (33 U.S.C. 3501), as redesignated by paragraph (2),
is amended--
(A) in the matter preceding paragraph (1), by striking
``developing'' and inserting ``maintaining'';
(B) in paragraph (2), by inserting ``and for leveraging
existing Federal geospatial services capacities and contract
vehicles for efficiencies'' after ``coastal mapping'';
(C) in paragraph (7), by striking ``with coastal state and
local government programs'' and inserting ``with mapping
programs, in conjunction with Federal and State agencies,
Tribal governments, private industry, academia, and
nongovernmental organizations'';
(D) in paragraph (8), by striking ``of real-time tide data
and the development'' and inserting ``of tide data and water-
level data and the development and dissemination'';
(E) in paragraph (9), by striking ``; and'' and inserting a
semicolon;
(F) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(G) by adding at the end the following:
``(11) support--
``(A) the Ocean Science and Technology Subcommittee of the
Ocean Policy Committee established under section 8932(c) of
title 10, United States Code; and
``(B) the National Ocean Mapping, Exploration, and
Characterization Council established under section 5405 of
the National Ocean Exploration Act.''.
(b) Interagency Working Group on Ocean and Coastal
Mapping.--
(1) Name change.--The Ocean and Coastal Mapping Integration
Act (33 U.S.C. 3501 et seq.) is amended--
(A) in section 12202 (33 U.S.C. 3501)--
(i) in subsection (a), by striking ``Interagency Committee
on Ocean and Coastal Mapping'' and inserting ``Interagency
Working Group on Ocean and Coastal Mapping under section
12203''; and
(ii) in subsection (b), as redesignated by subsection
(a)(2), by striking ``Committee'' and inserting ``Working
Group'';
(B) in section 12203 (33 U.S.C. 3502)--
(i) in the section heading, by striking ``committee'' and
inserting ``working group'';
(ii) in subsection (b), in the first sentence, by striking
``committee'' and inserting ``Working Group'';
(iii) in subsection (e), by striking ``committee'' and
inserting ``Working Group''; and
(iv) in subsection (f), by striking ``committee'' and
inserting ``Working Group''; and
(C) in section 12208 (33 U.S.C. 3507), by amending
paragraph (3) to read as follows:
``(3) Working group.--The term `Working Group' means the
Interagency Working Group on Ocean and Coastal Mapping under
section 12203.''.
(2) In general.--Section 12203(a) of such Act (33 U.S.C.
3502(a)) is amended by striking ``within 30 days'' and all
that follows and inserting ``not later than 30 days after the
date of the enactment of the National Ocean Exploration Act,
shall use the Interagency Working Group on Ocean and Coastal
Mapping in existence as of the date of the enactment of such
Act to implement section 12202.''.
(3) Membership.--Section 12203(b) of such Act (33 U.S.C.
3502(b)) is amended--
(A) in the first sentence, by striking ``senior'' both
places it appears and inserting ``senior-level'';
(B) in the third sentence, by striking ``the Minerals
Management Service'' and inserting ``the Bureau of Ocean
Energy Management of the Department of the Interior, the
Office of the Assistant Secretary, Fish and Wildlife and
Parks of the Department of the Interior''; and
(C) by striking the second sentence.
(4) Co-chairs.--Section 12203(c) of such Act (33 U.S.C.
3502(c)) is amended to read as follows:
``(c) Co-Chairs.--The Working Group shall be co-chaired by
one representative from each of the following:
``(1) The National Oceanic and Atmospheric Administration.
``(2) The Department of the Interior.
``(3) The United States Army Corps of Engineers.''.
(5) Subordinate groups.--Section 12203(d) of such Act (33
U.S.C. 3502(d)) is amended to read as follows:
``(d) Subordinate Groups.--The co-chairs may establish such
permanent or temporary subordinate groups as determined
appropriate by the Working Group.''.
(6) Meetings.--Section 12203(e) of such Act (33 U.S.C.
3502(e)) is amended by striking ``each subcommittee and each
working group'' and inserting ``each subordinate group''.
(7) Coordination.--Section 12203(f) of such Act (33 U.S.C.
3502(f)) is amended by striking paragraphs (1) through (5)
and inserting the following:
``(1) other Federal efforts, such as the Digital Coast, the
Federal Geographic Data Committee, GeoPlatform, the
Integrated Ocean Observing System, the Hydrographic Services
Review Panel of the National Oceanic and Atmospheric
Administration, the Ocean Exploration Advisory Board of the
National Oceanic and Atmospheric Administration, the National
Geospatial Advisory Committee of the Department of the
Interior, the advisory committee for the National Integrated
Coastal and Ocean Observation System, and the Technical
Mapping Advisory Council of the Federal Emergency Management
Agency;
``(2) international mapping activities;
``(3) coastal states;
``(4) coastal Indian Tribes;
``(5) data acquisition and user groups through workshops,
partnerships, and other appropriate mechanisms; and
``(6) representatives of nongovernmental entities.''.
(8) Advisory panel.--Section 12203 of such Act (33 U.S.C.
3502) is amended by striking subsection (g).
(9) Functions.--Section 12203 of such Act (33 U.S.C. 3502),
as amended by paragraph (8), is further amended by adding at
the end the following:
``(g) Support Functions.--The Working Group shall support
the National Ocean Mapping, Exploration, and Characterization
Council established under section 5405 of the National Ocean
Exploration Act and the Ocean Science and Technology
Subcommittee of the Ocean Policy Committee established under
section 8932(c) of title 10, United States Code, on ocean
mapping activities and associated technology development
across the Federal Government, State governments, coastal
Indian Tribes, private industry, nongovernmental
organizations, and academia.''.
(10) Clerical amendment.--The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 991) is amended by striking the
item relating to section 12203 and inserting the following:
``Sec. 12203. Interagency working group on ocean and coastal mapping.
(c) Biennial Reports.--Section 12204 of the Ocean and
Coastal Mapping Integration Act (33 U.S.C. 3503) is amended--
(1) in the matter preceding paragraph (1), by striking ``No
later'' and all that follows through ``House of
Representatives'' and inserting ``Not later than 18 months
after the date of the enactment of the National Ocean
Exploration Act, and biennially thereafter until 2040, the
co-chairs of the Working Group, in coordination with the
National Ocean Mapping, Exploration, and Characterization
Council established under section 5405 of such Act, shall
submit to the Committee on Commerce, Science, and
Transportation and the Committee on Energy and Natural
Resources of the Senate, and the Committee on Natural
Resources and the Committee on Science, Space, and Technology
of the House of Representatives,'';
[[Page S6004]]
(2) in paragraph (1), by inserting ``, including the data
maintained by the National Centers for Environmental
Information of the National Oceanic and Atmospheric
Administration,'' after ``mapping data'';
(3) in paragraph (3), by inserting ``, including a plan to
map the coasts of the United States on a requirements-based
cycle, with mapping agencies and partners coordinating on a
unified approach that factors in recent related studies,
meets multiple user requirements, and identifies gaps'' after
``accomplished'';
(4) by striking paragraph (10) and redesignating paragraphs
(11), (12), and (13) as paragraphs (10), (11), and (12),
respectively;
(5) in paragraph (10), as so redesignated, by striking
``with coastal state and local government programs'' and
inserting ``with international, coastal state, and local
government and nongovernmental mapping programs'';
(6) in paragraph (11), as redesignated by paragraph (4)--
(A) by striking ``increase'' and inserting ``streamline and
expand'';
(B) by inserting ``for the purpose of fulfilling Federal
mapping and charting responsibilities, plans, and
strategies'' after ``entities''; and
(C) by striking ``; and'' and inserting a semicolon;
(7) in paragraph (12), as redesignated by paragraph (4), by
striking the period at the end and inserting a semicolon; and
(8) by adding at the end the following:
``(13) a progress report on the development of new and
innovative technologies and applications through research and
development, including cooperative or other agreements with
joint or cooperative research institutes and centers and
other nongovernmental entities;
``(14) a description of best practices in data processing
and distribution and leveraging opportunities among agencies
represented on the Working Group and with coastal states,
coastal Indian Tribes, and nongovernmental entities;
``(15) an identification of any training, technology, or
other requirements for enabling Federal mapping programs,
vessels, and aircraft to support a coordinated ocean and
coastal mapping program; and
``(16) a timetable for implementation and completion of the
plan described in paragraph (3), including recommendations
for integrating new approaches into the program.''.
(d) NOAA Joint Ocean and Coastal Mapping Centers.--
(1) Centers.--Section 12205(c) of such Act (33 U.S.C.
3504(c)) is amended--
(A) in the matter preceding paragraph (1), by striking
``3'' and inserting ``three''; and
(B) in paragraph (4), by inserting ``and uncrewed'' after
``sensing''.
(2) Plan.--Section 12205 of such Act (33 U.S.C. 3504) is
amended--
(A) in the section heading, by striking ``plan'' and
inserting ``noaa joint ocean and coastal mapping centers'';
(B) by striking subsections (a), (b), and (d); and
(C) in subsection (c), by striking ``(c) NOAA Joint Ocean
and Coastal Mapping Centers.--''.
(3) Clerical amendment.--The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 991) is amended by striking the
item relating to section 12205 and inserting the following:
``Sec. 12205. NOAA joint ocean and coastal mapping centers.
(e) Ocean and Coastal Mapping Federal Funding
Opportunity.--The Ocean and Coastal Mapping Integration Act
(33. U.S.C. 3501 et seq.) is amended--
(1) by redesignating sections 12206, 12207, and 12208 as
sections 12208, 12209, and 12210, respectively; and
(2) by inserting after section 12205 the following:
``SEC. 12206. OCEAN AND COASTAL MAPPING FEDERAL FUNDING
OPPORTUNITY.
``(a) In General.--Not later than one year after the date
of the enactment of the National Ocean Exploration Act, the
Administrator shall develop an integrated ocean and coastal
mapping Federal funding match opportunity within the National
Oceanic and Atmospheric Administration with Federal, State,
Tribal, local, nonprofit, private industry, or academic
partners in order to increase the coordinated acquisition,
processing, stewardship, and archival of new ocean and
coastal mapping data in United States waters.
``(b) Rules.--The Administrator shall develop
administrative and procedural rules for the ocean and coastal
mapping Federal funding match opportunity developed under
subsection (a), to include--
``(1) specific and detailed criteria that must be addressed
by an applicant, such as geographic overlap with pre-
established priorities, number and type of project partners,
benefit to the applicant, coordination with other funding
opportunities, and benefit to the public;
``(2) determination of the appropriate funding match
amounts and mechanisms to use, such as grants, agreements, or
contracts; and
``(3) other funding award criteria as are necessary or
appropriate to ensure that evaluations of proposals and
decisions to award funding under this section are based on
objective standards applied fairly and equitably to those
proposals.
``(c) Geospatial Services and Contract Vehicles.--The ocean
and coastal mapping Federal funding match opportunity
developed under subsection (a) shall leverage Federal
expertise and capacities for geospatial services and Federal
geospatial contract vehicles using the private sector for
acquisition efficiencies.
``SEC. 12207. COOPERATIVE AGREEMENTS, CONTRACTS, AND GRANTS.
``(a) In General.--To carry out interagency activities
under this subtitle, the heads of agencies represented on the
Working Group may enter into cooperative agreements, or any
other agreement with each other, and transfer, receive, and
expend funds made available by any Federal agency, any State
or subdivision thereof, or any public or private organization
or individual, for ocean and coastal mapping investigations,
surveys, studies, and other geospatial collaborations
authorized by this subtitle or agreements authorized by
section 5 of the Act entitled `An Act to define the functions
and duties of the Coast and Geodetic Survey, and for other
purposes', approved August 6, 1947 (33 U.S.C. 883e).
``(b) Grants.--The Administrator may make grants to any
State or subdivision thereof or any public or private
organization or individual to carry out the purposes of this
subtitle.''.
(f) Authorization of Appropriations.--Section 12209 of such
Act, as redesignated by subsection (e)(1), is amended--
(1) in subsection (a), by striking ``this subtitle'' and
all that follows and inserting ``this subtitle $45,000,000
for each of fiscal years 2023 through 2028.'';
(2) in subsection (b), by striking ``this subtitle'' and
all that follows and inserting ``this subtitle $15,000,000
for each of fiscal years 2023 through 2028.'';
(3) by striking subsection (c); and
(4) by inserting after subsection (b) the following:
``(c) Ocean and Coastal Mapping Federal Funding
Opportunity.--Of amounts appropriated pursuant to subsection
(a), $20,000,000 is authorized to carry out section 12206.''.
(g) Definitions.--
(1) Ocean and coastal mapping.--Paragraph (5) of section
12210 of such Act, as redesignated by subsection (e)(1), is
amended by striking ``processing, and management'' and
inserting ``processing, management, maintenance,
interpretation, certification, and dissemination''.
(2) Coastal indian tribe.--Section 12210 of such Act, as
redesignated by subsection (e)(1), is amended by adding at
the end the following:
``(9) Coastal indian tribe.--The term `coastal Indian
Tribe' means an `Indian tribe', as defined in section 4 of
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304), the land of which is located in a coastal
state.''.
(h) Clerical Amendments.--The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 991) is amended by striking the
items relating to sections 12206 through 12208 and inserting
the following:
``Sec. 12206. Ocean and coastal mapping Federal funding opportunity.
``Sec. 12207. Cooperative agreements, contracts, and grants.
``Sec. 12208. Effect on other laws.
``Sec. 12209. Authorization of appropriations.
``Sec. 12210. Definitions.
SEC. 5409. MODIFICATIONS TO HYDROGRAPHIC SERVICES IMPROVEMENT
ACT OF 1998.
(a) Definitions.--Section 302(4)(A) of the Hydrographic
Services Improvement Act of 1998 (33 U.S.C. 892(4)(A)) is
amended by inserting ``hydrodynamic forecast and datum
transformation models,'' after ``nautical information
databases,''.
(b) Functions of the Administrator.--Section 303(b) of such
Act (33 U.S.C. 892a(b)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``precision navigation,'' after ``promote''; and
(2) in paragraph (2)--
(A) by inserting ``and hydrodynamic forecast models'' after
``monitoring systems'';
(B) by inserting ``and provide foundational information and
services required to support coastal resilience planning for
coastal transportation and other infrastructure, coastal
protection and restoration projects, and related activities''
after ``efficiency''; and
(C) by striking ``; and'' and inserting a semicolon.
(c) Quality Assurance Program.--Section 304(a) of such Act
(33 U.S.C. 892b(a)) is amended by striking ``product
produced'' and inserting ``product or service produced or
disseminated''.
(d) Authorization of Appropriations.--Section 306(a) of
such Act (33 U.S.C. 892d(a)) is amended--
(1) in paragraph (1), by striking ``$70,814,000 for each of
fiscal years 2019 through 2023'' and inserting ``$71,000,000
for each of fiscal years 2023 through 2028'';
(2) in paragraph (2), by striking ``$25,000,000 for each of
fiscal years 2019 through 2023'' and inserting ``$34,000,000
for each of fiscal years 2023 through 2028'';
(3) in paragraph (3), by striking ``$29,932,000 for each of
fiscal years 2019 through 2023'' and inserting ``$38,000,000
for each of fiscal years 2023 through 2028'';
(4) in paragraph (4), by striking ``$26,800,000 for each of
fiscal years 2019 through 2023'' and inserting ``$45,000,000
for each of fiscal years 2023 through 2028''; and
[[Page S6005]]
(5) in paragraph (5), by striking ``$30,564,000 for each of
fiscal years 2019 through 2023'' and inserting ``$35,000,000
for each of fiscal years 2023 through 2028''.
TITLE LV--MARINE MAMMAL RESEARCH AND RESPONSE
SEC. 5501. SHORT TITLE.
This title may be cited as the ``Marine Mammal Research and
Response Act of 2022''.
SEC. 5502. DATA COLLECTION AND DISSEMINATION.
Section 402 of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``or entangled''
after ``stranded'';
(B) in paragraph (3)--
(i) by striking ``strandings,'' and inserting ``strandings
and entanglements, including unusual mortality events,'';
(ii) by inserting ``stranding'' before ``region''; and
(iii) by striking ``marine mammals; and'' and inserting
``marine mammals and entangled marine mammals to allow
comparison of the causes of illness and deaths in stranded
marine mammals and entangled marine mammals with physical,
chemical, and biological environmental parameters; and''; and
(C) in paragraph (4), by striking ``analyses, that would
allow comparison of the causes of illness and deaths in
stranded marine mammals with physical, chemical, and
biological environmental parameters.'' and inserting
``analyses.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Information Required To Be Submitted and Collected.--
``(1) In general.--After each response to a stranding or
entanglement event, the Secretary shall collect (including
from any staff of the National Oceanic and Atmospheric
Administration that respond directly to such an event), and
shall require each stranding network participant who responds
to that stranding or entanglement to submit to the
Administrator of the National Oceanic and Atmospheric
Administration or the Director of the United States Fish and
Wildlife Service--
``(A) data on the stranding event, including NOAA Form 89-
864 (OMB #0648-0178), NOAA Form 89-878 (OMB #0648-0178),
similar successor forms, or similar information in an
appropriate format required by the United States Fish and
Wildlife Service for species under its management authority;
``(B) supplemental data to the data described in
subparagraph (A), which may include, as available, relevant
information about--
``(i) weather and tide conditions;
``(ii) offshore human, predator, or prey activity;
``(iii) morphometrics;
``(iv) behavior;
``(v) health assessments;
``(vi) life history samples; or
``(vii) stomach and intestinal contents; and
``(C) data and results from laboratory analysis of tissues,
which may include, as appropriate and available--
``(i) histopathology;
``(ii) toxicology;
``(iii) microbiology
``(iv) virology; or
``(v) parasitology.
``(2) Timeline.--A stranding network participant shall
submit--
``(A) the data described in paragraph (1)(A) not later than
30 days after the date of a response to a stranding or
entanglement event;
``(B) the compiled data described in paragraph (1)(B) not
later than 30 days after the date on which the data is
available to the stranding network participant; and
``(C) the compiled data described in paragraph (1)(C) not
later than 30 days after the date on which the laboratory
analysis has been reported to the stranding network
participant.
``(3) Online data input system.--The Secretary, acting
through the Under Secretary of Commerce for Oceans and
Atmosphere, in consultation with the stranding network and
the Office of Evaluation Sciences of the General Services
Administration, shall establish an online system for the
purposes of efficient and timely submission of data described
in paragraph (1).
``(d) Availability of Data.--
``(1) In general.--The Secretary shall develop a program to
make information, including any data and metadata collected
under paragraphs (3) or (4) of subsection (b) or subsection
(c), available to researchers, stranding network
participants, and the public--
``(A) to improve real-time coordination of response to
stranding and entanglement events across geographic areas and
between stranding coordinators;
``(B) to identify and quickly disseminate information on
potential public health risks;
``(C) to facilitate integrated interdisciplinary research;
``(D) to facilitate peer-reviewed publications;
``(E) to archive regional data into 1 national database for
future analyses; and
``(F) for education and outreach activities.
``(2) Access to data.--The Secretary shall ensure that any
data or metadata collected under subsection (c)--
``(A) by staff of the National Oceanic and Atmospheric
Administration or the United States Fish and Wildlife Service
that responded directly to a stranding or entanglement event
is available to the public through the Health MAP and the
Observation System not later than 30 days after that data or
metadata is collected by, available to, or reported to the
Secretary; and
``(B) by a stranding network participant that responded
directly to a stranding or entanglement event is made
available to the public through the Health MAP and the
Observation System 2 years after the date on which that data
is submitted to the Secretary under subsection (c).
``(3) Exceptions.--
``(A) Written release.--Notwithstanding paragraph (2)(B),
the Secretary may make data described in paragraph (2)(B)
publicly available earlier than 2 years after the date on
which that data is submitted to the Secretary under
subsection (c), if the stranding network participant has
completed a written release stating that such data may be
made publicly available.
``(B) Law enforcement.--Notwithstanding paragraph (2), the
Secretary may withhold data for a longer period than the
period of time described in paragraph (2) in the event of a
law enforcement action or legal action that may be related to
that data.
``(e) Standards.--The Secretary, in consultation with the
marine mammal stranding community, shall--
``(1) make publicly available guidance about uniform data
and metadata standards to ensure that data collected in
accordance with this section can be archived in a form that
is readily accessible and understandable to the public
through the Health MAP and the Observation System; and
``(2) periodically update such guidance.
``(f) Management Policy.--In collaboration with the
regional stranding networks, the Secretary shall develop, and
periodically update, a data management and public outreach
collaboration policy for stranding or entanglement events.
``(g) Authorship Agreements and Acknowledgment Policy.--The
Secretary, acting through the Under Secretary of Commerce for
Oceans and Atmosphere, shall include authorship agreements or
other acknowledgment considerations for use of data by the
public, as determined by the Secretary.
``(h) Savings Clause.--The Secretary shall not require
submission of research data that is not described in
subsection (c).''.
SEC. 5503. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.
(a) In General.--Section 403 of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1421b) is amended--
(1) in the section heading by inserting ``or entanglement''
before ``response'';
(2) in subsection (a), by striking the period at the end
and inserting ``or entanglement.''; and
(3) in subsection (b)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) include a description of the data management and
public outreach policy established under section 402(f).''.
(b) Table of Contents Amendment.--The table of contents in
the first section of the Marine Mammal Protection Act of 1972
(Public Law 92-522; 86 Stat. 1027) is amended by striking the
item related to section 403 and inserting the following:
``Sec. 403. Stranding or entanglement response agreements.
SEC. 5504. UNUSUAL MORTALITY EVENT ACTIVITY FUNDING.
Section 405 the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421d) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Uses.--Amounts in the Fund--
``(1) shall be available only for use by the Secretary, in
consultation with the Secretary of the Interior, and
dispersed among claimants based on budgets approved by the
Secretary prior to expenditure--
``(A) to make advance, partial, or progress payments under
contracts or other funding mechanisms for property, supplies,
salaries, services, and travel costs incurred in acting in
accordance with the contingency plan issued under section
404(b) or under the direction of an Onsite Coordinator for an
unusual mortality event designated under section
404(a)(2)(B)(iii);
``(B) for reimbursing any stranding network participant for
costs incurred in the collection, preparation, analysis, and
transportation of marine mammal tissues and samples collected
with respect to an unusual mortality event for the Tissue
Bank; and
``(C) for the care and maintenance of a marine mammal
seized under section 104(c)(2)(D); and
``(2) shall remain available until expended.''; and
(2) in subsection (c)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(4) not more than $250,000 per year, as determined by the
Secretary of Commerce, from sums collected as fines,
penalties, or forfeitures of property by the Secretary of
Commerce for violations of any provision of this Act; and
``(5) sums received from emergency declaration grants for
marine mammal conservation.''.
SEC. 5505. LIABILITY.
Section 406(a) of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1421e(a)) is
[[Page S6006]]
amended, in the matter preceding paragraph (1)--
(1) by inserting ``or entanglement'' after ``to a
stranding''; and
(2) by striking ``government'' and inserting
``Government''.
SEC. 5506. NATIONAL MARINE MAMMAL TISSUE BANK AND TISSUE
ANALYSIS.
Section 407 of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421f) is amended--
(1) in subsection (c)(2)(A), by striking ``the health of
marine mammals and'' and inserting ``marine mammal health and
mortality and the health of''; and
(2) in subsection (d), in the matter preceding paragraph
(1), by inserting ``public'' before ``access''.
SEC. 5507. MARINE MAMMAL RESCUE AND RESPONSE GRANT PROGRAM
AND RAPID RESPONSE FUND.
(a) In General.--Section 408 of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1421f-1) is amended--
(1) by striking the section heading and inserting ``marine
mammal rescue and response grant program and rapid response
fund'';
(2) by striking subsections (a) through (d) and subsections
(f) through (h);
(3) by redesignating subsection (e) as subsection (f); and
(4) by inserting before subsection (f), as redesignated by
paragraph (3), the following:
``(a) Definitions.--In this section:
``(1) Emergency assistance.--
``(A) In general.--The term `emergency assistance' means--
``(i) financial assistance provided to respond to, or that
results from, a stranding event or entanglement event that--
``(I) causes an immediate increase in the cost of a
response, recovery, or rehabilitation that is greater than
the usual cost of a response, recovery, or rehabilitation;
``(II) is cyclical or endemic; or
``(III) involves a marine mammal that is out of the normal
range for that marine mammal; or
``(ii) financial assistance provided to respond to, or that
results from, a stranding event or an entanglement event
that--
``(I) the applicable Secretary considers to be an
emergency; or
``(II) with the concurrence of the applicable Secretary, a
State, territorial, or Tribal government considers to be an
emergency.
``(B) Exclusions.--The term `emergency assistance' does not
include financial assistance to respond to an unusual
mortality event.
``(2) Secretary.--The term `Secretary' has the meaning
given that term in section 3(12)(A).
``(3) Stranding region.--The term `stranding region' means
a geographic region designated by the applicable Secretary
for purposes of administration of this title.
``(b) John H. Prescott Marine Mammal Rescue and Response
Grant Program.--
``(1) In general.--Subject to the availability of
appropriations or other funding, the applicable Secretary
shall carry out a grant program, to be known as the `John H.
Prescott Marine Mammal Rescue and Response Grant Program'
(referred to in this section as the `grant program'), to
award grants to eligible stranding network participants or
stranding network collaborators, as described in this
subsection.
``(2) Purposes.--The purposes of the grant program are to
provide for--
``(A) the recovery, care, or treatment of sick, injured, or
entangled marine mammals;
``(B) responses to marine mammal stranding events that
require emergency assistance;
``(C) the collection of data and samples from living or
dead stranded marine mammals for scientific research or
assessments regarding marine mammal health;
``(D) facility operating costs that are directly related to
activities described in subparagraph (A), (B), or (C); and
``(E) development of stranding network capacity, including
training for emergency response, where facilities do not
exist or are sparse.
``(3) Contract, grant, and cooperative agreement
authority.--
``(A) In general.--The applicable Secretary may enter into
a contract, grant, or cooperative agreement with any eligible
stranding network participant or stranding network
collaborator, as the Secretary determines to be appropriate,
for the purposes described in paragraph (2).
``(B) Emergency award flexibility.--Following a request for
emergency award flexibility and analysis of the merits of and
necessity for such a request, the applicable Secretary may--
``(i) amend any contract, grant, or cooperative agreement
entered into under this paragraph, including provisions
concerning the period of performance; or
``(ii) waive the requirements under subsection (f) for
grant applications submitted during the provision of
emergency assistance.
``(4) Equitable distribution of funds.--
``(A) In general.--The Secretary shall ensure, to the
extent practicable, that funds awarded under the grant
program are distributed equitably among the stranding
regions.
``(B) Considerations.--In determining priorities among the
stranding regions under this paragraph, the Secretary may
consider--
``(i) equitable distribution within the stranding regions,
including the sub regions (including, but not limited to, the
Gulf of Mexico);
``(ii) any episodic stranding, entanglement, or mortality
events, except for unusual mortality events, that occurred in
any stranding region in the preceding year;
``(iii) any data with respect to average annual stranding,
entanglements, and mortality events per stranding region;
``(iv) the size of the marine mammal populations inhabiting
a stranding region;
``(v) the importance of the region's marine mammal
populations to the well-being of indigenous communities; and
``(vi) the conservation of protected, depleted, threatened,
or endangered marine mammal species.
``(C) Strandings.--For the purposes of this program,
priority is to be given to applications focusing on marine
mammal strandings.
``(5) Application.--To be eligible for a grant under the
grant program, a stranding network participant shall--
``(A) submit an application in such form and manner as the
applicable Secretary prescribes; and
``(B) be in compliance with the data reporting requirements
under section 402(d) and any applicable reporting
requirements of the United States Fish and Wildlife Service
for species under its management jurisdiction.
``(6) Grant criteria.--The Secretary shall, in consultation
with the Marine Mammal Commission, a representative from each
of the stranding regions, and other individuals who represent
public and private organizations that are actively involved
in rescue, rehabilitation, release, scientific research,
marine conservation, and forensic science with respect to
stranded marine mammals under that Department's jurisdiction,
develop criteria for awarding grants under their respective
grant programs.
``(7) Limitations.--
``(A) Maximum grant amount.--No grant made under the grant
program for a single award may exceed $150,000 in any 12-
month period.
``(B) Unexpended funds.--Any funds that have been awarded
under the grant program but that are unexpended at the end of
the 12-month period described in subparagraph (A) shall
remain available until expended.
``(8) Administrative costs and expenses.--The Secretary's
administrative costs and expenses related to reviewing and
awarding grants under the grant program, in any fiscal year
may not exceed the greater of--
``(A) 6 percent of the amounts made available each fiscal
year to carry out the grant program; or
``(B) $80,000.
``(9) Transparency.--The Secretary shall make publicly
available a list of grant proposals for the upcoming fiscal
year, funded grants, and requests for grant flexibility under
this subsection.
``(c) Joseph R. Geraci Marine Mammal Rescue and Rapid
Response Fund.--
``(1) In general.--There is established in the Treasury of
the United States an interest-bearing fund, to be known as
the `Joseph R. Geraci Marine Mammal Rescue and Rapid Response
Fund' (referred to in this section as the `Rapid Response
Fund').
``(2) Use of funds.--Amounts in the Rapid Response Fund
shall be available only for use by the Secretary to provide
emergency assistance.
``(d) Authorization of Appropriations.--
``(1) In general.--
``(A) Authorization of appropriations.--There is authorized
to be appropriated to carry out the grant program $7,000,000
for each of fiscal years 2023 through 2028, to remain
available until expended, of which for each fiscal year--
``(i) $6,000,000 shall be made available to the Secretary
of Commerce; and
``(ii) $1,000,000 shall be made available to the Secretary
of the Interior.
``(B) Derivation of funds.--Funds to carry out the
activities under this section shall be derived from amounts
authorized to be appropriated pursuant to subparagraph (A)
that are enacted after the date of enactment of the Marine
Mammal Research and Response Act of 2022.
``(2) Joseph r. geraci marine mammal rescue and rapid
response fund.--There is authorized to be appropriated to the
Rapid Response Fund $500,000 for each of fiscal years 2023
through 2028.
``(e) Acceptance of Donations.--For the purposes of
carrying out this section, the Secretary may solicit, accept,
receive, hold, administer, and use gifts, devises, and
bequests without any further approval or administrative
action.''.
(b) Technical Edits.--Section 408 of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1421f-1), as amended by
subsection (a), is further amended in subsection (f), as
redesignated by subsection (a)(3)--
(1) in paragraph (1)--
(A) by striking ``the costs of an activity conducted with a
grant under this section shall be'' and inserting ``a project
conducted with funds awarded under the grant program under
this section shall be not less than''; and
(B) by striking ``such costs'' and inserting ``such
project''; and
(2) in paragraph (2)--
(A) by striking ``an activity'' and inserting ``a
project''; and
(B) by striking ``the activity'' and inserting ``the
project''.
(c) Table of Contents Amendment.--The table of contents in
the first section of the
[[Page S6007]]
Marine Mammal Protection Act of 1972 (Public Law 92-522; 86
Stat. 1027) (as amended by section 5503(b)) is amended by
striking the item related to section 408 and inserting the
following:
``Sec. 408. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.
SEC. 5508. HEALTH MAP.
(a) In General.--Title IV of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1421 et seq.) is amended by inserting
after section 408 the following:
``SEC. 408A. MARINE MAMMAL HEALTH MONITORING AND ANALYSIS
PLATFORM (HEALTH MAP).
``(a) In General.--Not later than 1 year after the date of
enactment of the Marine Mammal Research and Response Act of
2022, the Secretary, acting through the Administrator of the
National Oceanic and Atmospheric Administration, in
consultation with the Secretary of the Interior and the
Marine Mammal Commission, shall--
``(1) establish a marine mammal health monitoring and
analysis platform (referred to in this Act as the `Health
MAP');
``(2) incorporate the Health MAP into the Observation
System; and
``(3) make the Health MAP--
``(A) publicly accessible through the web portal of the
Observation System; and
``(B) interoperable with other national data systems or
other data systems for management or research purposes, as
practicable.
``(b) Purposes.--The purposes of the Health MAP are--
``(1) to promote--
``(A) interdisciplinary research among individuals with
knowledge and experience in marine mammal science, marine
mammal veterinary and husbandry practices, medical science,
and oceanography, and with other marine scientists;
``(B) timely and sustained dissemination and availability
of marine mammal health, stranding, entanglement, and
mortality data;
``(C) identification of spatial and temporal patterns of
marine mammal mortality, disease, and stranding;
``(D) evaluation of marine mammal health in terms of
mortality, as well as sublethal marine mammal health impacts;
``(E) improved collaboration and forecasting of marine
mammal and larger ecosystem health events;
``(F) rapid communication and dissemination of information
regarding marine mammal strandings that may have implications
for human health, such as those caused by harmful algal
blooms; and
``(G) increased accessibility of data in a user friendly
visual interface for public education and outreach; and
``(2) to contribute to an ocean health index that
incorporates marine mammal health data.
``(c) Requirements.--The Health MAP shall--
``(1) integrate in situ, remote, and other marine mammal
health, stranding, and mortality data, including
visualizations and metadata, collected by marine mammal
stranding networks, Federal, State, local, and Tribal
governments, private partners, and academia; and
``(2) be designed--
``(A) to enhance data and information availability,
including data sharing among stranding network participants,
scientists, and the public within and across stranding
network regions;
``(B) to facilitate data and information access across
scientific disciplines, scientists, and managers;
``(C) to facilitate public access to national and regional
marine mammal health, stranding, entanglement, and mortality
data, including visualizations and metadata, through the
national and regional data portals of the Observation System;
and
``(D) in collaboration with, and with input from, States
and stranding network participants.
``(d) Procedures and Guidelines.--The Secretary shall
establish and implement policies, protocols, and standards
for--
``(1) reporting marine mammal health data collected by
stranding networks consistent with subsections (c) and (d) of
section 402;
``(2) promptly transmitting health data from the stranding
networks and other appropriate data providers to the Health
MAP;
``(3) disseminating and making publicly available data on
marine mammal health, stranding, entanglement, and mortality
data in a timely and sustained manner; and
``(4) integrating additional marine mammal health,
stranding, or other relevant data as the Secretary determines
appropriate.
``(e) Consultation.--The Administrator of the National
Oceanic and Atmospheric Administration shall maintain and
update the Health MAP in consultation with the Secretary of
the Interior and the Marine Mammal Commission.
``(f) Contributions.--For purposes of carrying out this
section, the Secretary may solicit, accept, receive, hold,
administer, and use gifts, devises, and bequests without any
further approval or administrative action.''.
(b) Table of Contents Amendment.--The table of contents in
the first section of the Marine Mammal Protection Act of 1972
(Public Law 92-522; 86 Stat. 1027) (as amended by section
5507(b)) is amended by inserting after the item related to
section 408 the following:
``Sec. 408A. Marine Mammal Health Monitoring and Analysis Platform
(Health MAP).
SEC. 5509. REPORTS TO CONGRESS.
(a) In General.--Title IV of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1421 et seq.) (as amended by section
5508(a)) is amended by inserting after section 408A the
following:
``SEC. 408B. REPORTS TO CONGRESS.
``(a) Definition of Appropriate Committees of Congress.--In
this section, the term `appropriate committees of Congress'
means--
``(1) the Committee on Commerce, Science, and
Transportation of the Senate;
``(2) the Committee on Natural Resources of the House of
Representatives; and
``(3) the Committee on Science, Space, and Technology of
the House of Representatives.
``(b) Health MAP Status Report.--
``(1) In general.--Not later than 2 year after the date of
enactment of the Marine Mammal Research and Response Act of
2022, the Administrator of the National Oceanic and
Atmospheric Administration, in consultation with the Marine
Mammal Commission, the Secretary of the Interior, and the
National Ocean Research Leadership Council, shall submit to
the appropriate committees of Congress a report describing
the status of the Health MAP.
``(2) Requirements.--The report under paragraph (1) shall
include--
``(A) a detailed evaluation of the data made publicly
available through the Health MAP;
``(B) a detailed list of any gaps in data collected
pursuant to the Health MAP, a description of the reasons for
those gaps, and recommended actions to close those gaps;
``(C) an analysis of the effectiveness of using the website
of the Observation System as the platform to collect,
organize, visualize, archive, and disseminate marine mammal
stranding and health data;
``(D) a list of publications, presentations, or other
relevant work product resulting from, or produced in
collaboration with, the Health MAP;
``(E) a description of emerging marine mammal health
concerns and the applicability of those concerns to human
health;
``(F) an analysis of the feasibility of the Observation
System being used as an alert system during stranding events,
entanglement events, and unusual mortality events for the
stranding network, Observation System partners, Health MAP
partners, Federal and State agencies, and local and Tribal
governments;
``(G) an evaluation of the use of Health MAP data to
predict broader ecosystem events and changes that may impact
marine mammal or human health and specific examples of proven
or potential uses of Observation System data for those
purposes; and
``(H) recommendations for the Health MAP with respect to--
``(i) filling any identified data gaps;
``(ii) standards that could be used to improve data
quality, accessibility, transmission, interoperability, and
sharing;
``(iii) any other strategies that would contribute to the
effectiveness and usefulness of the Health MAP; and
``(iv) the funding levels needed to maintain and improve
the Health MAP.
``(c) Data Gap Analysis.--
``(1) In general.--Not later than 5 years after the date on
which the report required under subsection (b)(1) is
submitted, and every 10 years thereafter, the Administrator
of the National Oceanic and Atmospheric Administration, in
consultation with the Marine Mammal Commission and the
Director of the United States Fish and Wildlife Service,
shall--
``(A) make publicly available a report on the data gap
analysis described in paragraph (2); and
``(B) provide a briefing to the appropriate committees of
Congress concerning that data gap analysis.
``(2) Requirements.--The data gap analysis under paragraph
(1) shall include--
``(A) an overview of existing participants within a marine
mammal stranding network;
``(B) an identification of coverage needs and participant
gaps within a network;
``(C) an identification of data and reporting gaps from
members of a network; and
``(D) an analysis of how stranding and health data are
shared and made available to scientists, academics, State,
local, and Tribal governments, and the public.
``(d) Marine Mammal Response Capabilities in the Arctic.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Marine Mammal Research and Response Act of
2022, the Administrator of the National Oceanic and
Atmospheric Administration, the Director of the United States
Fish and Wildlife Service, and the Director of the United
States Geologic Survey, in consultation with the Marine
Mammal Commission, shall--
``(A) make publicly available a report describing the
response capabilities for sick and injured marine mammals in
the Arctic regions of the United States; and
``(B) provide a briefing to the appropriate committees of
Congress on that report.
``(2) Arctic.--The term `Arctic' has the meaning given the
term in section 112 of the Arctic Research and Policy Act of
1984 (15 U.S.C. 4111).
``(3) Requirements.--The report under paragraph (1) shall
include--
``(A) a description, developed in consultation with the
Fish and Wildlife Service of the Department of the Interior,
of all marine mammal stranding agreements in place for
[[Page S6008]]
the Arctic region of the United States, including species
covered, response capabilities, facilities and equipment, and
data collection and analysis capabilities;
``(B) a list of State and local government agencies that
have personnel trained to respond to marine mammal strandings
in the Arctic region of the United States;
``(C) an assessment of potential response and data
collection partners and sources of local information and
knowledge, including Alaska Native people and villages;
``(D) an analysis of spatial and temporal trends in marine
mammal strandings and unusual mortality events that are
correlated with changing environmental conditions in the
Arctic region of the United States;
``(E) a description of training and other resource needs to
meet emerging response requirements in the Arctic region of
the United States;
``(F) an analysis of oiled marine mammal response and
rehabilitation capabilities in the Arctic region of the
United States, including personnel, equipment, facilities,
training, and husbandry capabilities, and an assessment of
factors that affect response and rehabilitation success
rates; and
``(G) recommendations to address future stranding response
needs for marine mammals in the Arctic region of the United
States.''.
(b) Table of Contents Amendment.--The table of contents in
the first section of the Marine Mammal Protection Act of 1972
(Public Law 92-522; 86 Stat. 1027) (as amended by section
5508(b)) is amended by inserting after the item related to
section 408A the following:
``Sec. 408B. Reports to Congress.
SEC. 5510. AUTHORIZATION OF APPROPRIATIONS.
Section 409 of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421g) is amended--
(1) in paragraph (1), by striking ``1993 and 1994;'' and
inserting ``2023 through 2028;'';
(2) in paragraph (2), by striking ``1993 and 1994;'' and
inserting ``2023 through 2028;''; and
(3) in paragraph (3), by striking ``fiscal year 1993.'' and
inserting ``for each of fiscal years 2023 through 2028.''.
SEC. 5511. DEFINITIONS.
Section 410 of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1421h) is amended--
(1) by redesignating paragraphs (1) through (6) as
paragraphs (2), (5), (6), (7), (8), and (9), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) The term `entangle' or `entanglement' means an event
in the wild in which a living or dead marine mammal has gear,
rope, line, net, or other material wrapped around or attached
to the marine mammal and is--
``(A) on lands under the jurisdiction of the United States,
including beaches and shorelines; or
``(B) in waters under the jurisdiction of the United
States, including any navigable waters.'';
(3) in paragraph (2) (as so redesignated) by striking ``The
term'' and inserting ``Except as used in section 408, the
term'';
(4) by inserting after paragraph (2) (as so redesignated)
the following:
``(3) The term `Health MAP' means the Marine Mammal Health
Monitoring and Analysis Platform established under section
408A(a)(1).
``(4) The term `Observation System' means the National
Integrated Coastal and Ocean Observation System established
under section 12304 of the Integrated Coastal and Ocean
Observation System Act of 2009 (33 U.S.C. 3603).''.
SEC. 5512. STUDY ON MARINE MAMMAL MORTALITY.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the Undersecretary of Commerce for
Oceans and Atmosphere shall, in consultation with the
Secretary of the Interior and the Marine Mammal Commission,
conduct a study evaluating the connections among marine heat
waves, frequency and intensity of harmful algal blooms, prey
availability, and habitat degradation, and the impacts of
these conditions on marine mammal mortality.
(b) Report.--The Undersecretary of Commerce for Oceans and
Atmosphere, in consultation with the Secretary of the
Interior and the Marine Mammal Commission, shall prepare,
post to a publicly available website, and brief the
appropriate committees of Congress on, a report containing
the results of the study described in subsection (a). The
report shall identify priority research activities,
opportunities for collaboration, and current gaps in effort
and resource limitations related to advancing scientific
understanding of how ocean heat waves, harmful algae blooms,
availability of prey, and habitat degradation impact marine
mammal mortality. The report shall include recommendations
for policies needed to mitigate and respond to mortality
events.
TITLE LVI--VOLCANIC ASH AND FUMES
SEC. 5601. SHORT TITLE.
This title may be cited as the ``Volcanic Ash and Fumes Act
of 2022''.
SEC. 5602. MODIFICATIONS TO NATIONAL VOLCANO EARLY WARNING
AND MONITORING SYSTEM.
(a) Definitions.--Subsection (a) of section 5001 of the
John D. Dingell, Jr. Conservation, Management, and Recreation
Act (43 U.S.C. 31k) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
``(2) Secretary of commerce.--The term `Secretary of
Commerce' means the Secretary of Commerce, acting through the
Under Secretary of Commerce for Oceans and Atmosphere.''; and
(3) by adding at the end the following:
``(4) Volcanic ash advisory center.--The term `Volcanic Ash
Advisory Center' means an entity designated by the
International Civil Aviation Organization that is responsible
for informing aviation interests about the presence of
volcanic ash in the airspace.''.
(b) Purposes.--Subsection (b)(1)(B) of such section is
amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) to strengthen the warning and monitoring systems of
volcano observatories in the United States by integrating
relevant capacities of the National Oceanic and Atmospheric
Administration, including with the Volcanic Ash Advisory
Centers located in Anchorage, Alaska, and Washington, DC, to
observe and model emissions of gases, aerosols, and ash,
atmospheric dynamics and chemistry, and ocean chemistry
resulting from volcanic eruptions.''.
(c) System Components.--Subsection (b)(2) of such section
is amended--
(1) in subparagraph (B)--
(A) by striking ``and'' before ``spectrometry''; and
(B) by inserting ``, and unoccupied aerial vehicles'' after
``emissions''; and
(2) by adding at the end the following:
``(C) Memorandum of understanding.--The Secretary and the
Secretary of Commerce shall develop and execute a memorandum
of understanding to establish cooperative support for the
activities of the System from the National Oceanic and
Atmospheric Administration, including environmental
observations, modeling, and temporary duty assignments of
personnel to support emergency activities, as necessary or
appropriate.''.
(d) Management.--Subsection (b)(3) of such section is
amended--
(1) in subparagraph (A), by adding at the end the
following:
``(iii) Update.--
``(I) National oceanic and atmospheric administration cost
estimates.--The Secretary of Commerce shall submit to the
Secretary annual cost estimates for modernization activities
and support of the System for the National Oceanic and
Atmospheric Administration.
``(II) Update of management plan.--The Secretary shall
update the management plan submitted under clause (i) to
include the cost estimates submitted under subclause (I).'';
and
(2) by adding at the end the following:
``(E) Collaboration.--The Secretary of Commerce shall
collaborate with the Secretary to implement activities
carried out under this section related to the expertise of
the National Oceanic and Atmospheric Administration,
including observations and modeling of emissions of gases,
aerosols, and ash, atmospheric dynamics and chemistry, and
ocean chemistry resulting from volcanic eruptions.''.
(e) Funding.--Subsection (c) of such section is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by inserting ``, united
states geological survey'' after ``appropriations''; and
(B) by inserting ``to the United States Geological Survey''
after ``appropriated'';.
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Authorization of appropriations, national oceanic and
atmospheric administration.--There is authorized to be
appropriated to the National Oceanic and Atmospheric
Administration to carry out this section such sums as may be
necessary for the period of fiscal years 2023 through
2024.''; and
(4) in paragraph (3), as redesignated by paragraph (2)--
(A) by striking ``United States Geological Survey''; and
(B) by inserting ``of the United States Geological Survey
and the National Oceanic and Atmospheric Administration''
after ``programs''.
(f) Implementation Plan.--
(1) Development of plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Commerce,
in consultation with the Secretary of the Interior, shall
develop a plan to implement the amendments made by this Act
during the 5-year period beginning on the date on which the
plan is developed.
(2) Elements.--The plan developed under paragraph (1) shall
include an estimate of the cost and schedule required for the
implementation described in such paragraph.
(3) Public availability.--Upon completion of the plan
developed under paragraph (1), the Secretary of Commerce
shall make the plan publicly available.
TITLE LVII--WILDFIRE AND FIRE WEATHER PREPAREDNESS
SEC. 5701. SHORT TITLE.
This title may be cited as the ``Fire Ready Nation Act of
2022''.
SEC. 5702. DEFINITIONS.
In this title:
(1) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
[[Page S6009]]
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Science, Space, and Technology of the
House of Representatives.
(3) Earth system model.--The term ``Earth system model''
means a mathematical model containing all relevant components
of the Earth, namely the atmosphere, oceans, land,
cryosphere, and biosphere.
(4) Fire environment.--The term ``fire environment''
means--
(A) the environmental conditions, such as soil moisture,
vegetation, topography, snowpack, atmospheric temperature,
moisture, and wind, that influence--
(i) fuel and fire behavior; and
(ii) smoke dispersion and transport; and
(B) the associated environmental impacts occurring during
and after fire events.
(5) Fire weather.--The term ``fire weather'' means the
weather conditions that influence the start, spread,
character, or behavior of wildfire or fires at the wildland-
urban interface and relevant meteorological and chemical
phenomena, including air quality, smoke, and meteorological
parameters such as relative humidity, air temperature, wind
speed and direction, and atmospheric composition and
chemistry, including emissions and mixing heights.
(6) Impact-based decision support services.--The term
``impact-based decision support services'' means forecast
advice and interpretative services the Administration
provides to help core partners, such as emergency personnel
and public safety officials, make decisions when weather,
water, and climate impact the lives and livelihoods of the
people of the United States.
(7) Seasonal.--The term ``seasonal'' has the meaning given
that term in section 2 of the Weather Research and
Forecasting Innovation Act of 2017 (15 U.S.C. 8501).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(9) Smoke.--The term ``smoke'' means emissions, including
the gases and particles released into the air as a result of
combustion.
(10) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, the
United State Virgin Islands, the Federated States of
Micronesia, the Republic of the Marshall Islands, or the
Republic of Palau.
(11) Subseasonal.--The term ``subseasonal'' has the meaning
given that term in section 2 of the Weather Research and
Forecasting Innovation Act of 2017 (15 U.S.C. 8501).
(12) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this Act
pursuant to section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).
(13) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Oceans and Atmosphere.
(14) Weather enterprise.--The term ``weather enterprise''
has the meaning given that term in section 2 of the Weather
Research and Forecasting Innovation Act of 2017 (15 U.S.C.
8501).
(15) Wildfire.--The term ``wildfire'' means any non-
structure fire that occurs in vegetation or natural fuels,
originating from an unplanned ignition.
(16) Wildland-urban interface.--The term ``wildland-urban
interface'' means the area, zone, or region of transition
between unoccupied or undeveloped land and human development
where structures and other human development meet or
intermingle with undeveloped wildland or vegetative fuels.
SEC. 5703. ESTABLISHMENT OF FIRE WEATHER SERVICES PROGRAM.
(a) In General.--The Under Secretary shall establish and
maintain a coordinated fire weather services program among
the offices of the Administration in existence as of the date
of the enactment of this Act and designated by the Under
Secretary.
(b) Program Functions.--The functions of the program
established under subsection (a), consistent with the
priorities described in section 101 of the Weather Research
and Forecasting Innovation Act of 2017 (15 U.S.C. 8511),
shall be--
(1) to support readiness, responsiveness, understanding,
and overall resilience of the United States to wildfires,
fire weather, smoke, and other associated conditions,
hazards, and impacts in built and natural environments and at
the wildland-urban interface;
(2) to collaboratively develop and disseminate accurate,
precise, effective, and timely risk communications,
forecasts, watches, and warnings relating to wildfires, fire
weather, smoke, and other associated conditions, hazards, and
impacts, as applicable, with Federal land management
agencies;
(3) to partner with and support the public, Federal, State,
and Tribal governments, and academic and local partners
through the development of capabilities, impact-based
decision support services, and overall service delivery and
utility;
(4) to conduct and support research and development of new
and innovative models, technologies, techniques, products,
systems, processes, and procedures to improve understanding
of wildfires, fire weather, air quality, and the fire
environment;
(5) to develop strong research-to-operations and
operations-to-research transitions, in order to facilitate
delivery of products, services, and tools to operational
users and platforms; and
(6) to develop, in coordination with Federal land
management agencies, impact-based decision support services
that operationalize and integrate the functions described in
paragraphs (1) through (5) in order to provide comprehensive
impact-based decision support services that encompass the
fire environment.
(c) Program Priorities.--In developing and implementing the
program established under subsection (a), the Under Secretary
shall prioritize--
(1) development of a fire weather-enabled Earth system
model and data assimilation systems that--
(A) are capable of prediction and forecasting across
relevant spatial and temporal timescales;
(B) include variables associated with fire weather, air
quality from smoke, and the fire environment;
(C) improve understanding of the connections between fire
weather and modes of climate variability; and
(D) incorporate emerging techniques such as artificial
intelligence, machine learning, and cloud computing;
(2) advancement of existing and new observational
capabilities, including satellite-, airborne-, air-, and
ground-based systems and technologies and social networking
and other public information-gathering applications that--
(A) identify--
(i) high-risk pre-ignition conditions;
(ii) conditions that influence fire behavior and spread
including those conditions that suppress active fire events;
and
(iii) fire risk values;
(B) support real-time notification and monitoring of
ignitions;
(C) support observations and data collection of fire
weather and fire environment variables, including smoke, for
development of the model and systems under paragraph (1); and
(D) support forecasts and advancing understanding and
research of the impacts of wildfires on human health,
ecosystems, climate, transportation, and economies; and
(3) development and implementation of advanced and user-
oriented impact-based decision tools, science, and
technologies that--
(A) ensure real-time and retrospective data, products, and
services are findable, accessible, interoperable, usable,
inform further research, and are analysis- and decision-
ready;
(B) provide targeted information throughout the fire
lifecycle including pre-ignition, detection, forecasting,
post-fire, and monitoring phases; and
(C) support early assessment of post-fire hazards, such as
air quality, debris flows, mudslides, and flooding.
(d) Program Activities.--In developing and implementing the
program established under subsection (a), the Under Secretary
may--
(1) conduct relevant physical and social science research
activities in support of the functions described in
subsection (b) and the priorities described in subsection
(c);
(2) conduct relevant activities, in coordination with
Federal land management agencies and Federal science
agencies, to assess fuel characteristics, including moisture,
loading, and other parameters used to determine fire risk
levels and outlooks;
(3) support and conduct research that assesses impacts to
marine, riverine, and other relevant ecosystems, which may
include forest and rangeland ecosystems, resulting from
activities associated with mitigation of and response to
wildfires;
(4) support and conduct attribution science research
relating to wildfires, fire weather, fire risk, smoke, and
associated conditions, risks, and impacts;
(5) develop smoke and air quality forecasts, forecast
guidance, and prescribed burn weather forecasts, and conduct
research on the impact of such forecasts on response behavior
that minimizes health-related impacts from smoke exposure;
(6) use, in coordination with Federal land management
agencies, wildland fire resource intelligence to inform fire
environment impact-based decision support products and
services for safety;
(7) work with Federal agencies to provide data, tools, and
services to support determinations by such agencies for the
implementation of mitigation measures;
(8) provide training and support to ensure effective media
utilization of impact-based decision support products and
guidance to the public regarding actions needing to be taken;
(9) provide comprehensive training to ensure staff of the
program established under subsection (a) is properly equipped
to deliver the impact-based decision support products and
services described in paragraphs (1) through (6); and
(10) acquire through contracted purchase private sector-
produced observational data to fill identified gaps, as
needed.
(e) Collaboration; Agreements.--
[[Page S6010]]
(1) Collaboration.--The Under Secretary shall, as the Under
Secretary considers appropriate, collaborate and consult with
partners in the weather and climate enterprises, academic
institutions, States, Tribal governments, local partners, and
Federal agencies, including land and fire management
agencies, in the development and implementation of the
program established under subsection (a).
(2) Agreements.--The Under Secretary may enter into
agreements in support of the functions described in
subsection (b), the priorities described in subsection (c),
the activities described in subsection (d), and activities
carried out under section 5708.
(f) Program Administration Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary shall submit
to the appropriate committees of Congress a plan that details
how the program established under subsection (a) will be
administered and governed within the Administration.
(2) Elements.--The plan required by paragraph (1) should
include a description of--
(A) how the functions described in subsection (b), the
priorities described in subsection (c), and the activities
described in subsection (d) will be distributed among the
line offices of the Administration; and
(B) the mechanisms in place to ensure seamless coordination
among those offices.
SEC. 5704. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
DATA MANAGEMENT.
Section 301 of the Weather Research and Forecasting
Innovation Act of 2017 (15 U.S.C. 8531) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Data Availability and Management.--
``(1) In general.--The Under Secretary shall--
``(A) make data and metadata generated or collected by the
National Oceanic and Administration that the Under Secretary
has the legal right to redistribute fully and openly
available, in accordance with chapter 35 of title 44, United
States Code, and the Foundations for Evidence-Based
Policymaking Act of 2018 (Public Law 115-435; 132 Stat. 5529)
and the amendments made by that Act, and preserve and curate
such data and metadata, in accordance with chapter 31 of
title 44, United States Code (commonly known as the `Federal
Records Act of 1950'), in order to maximize use of such data
and metadata; and
``(B) manage and steward the access, archival, and
retrieval activities for the data and metadata described in
subparagraph (A) by--
``(i) using--
``(I) enterprise-wide infrastructure, emerging
technologies, commercial partnerships, and the skilled
workforce needed to provide appropriate data management from
collection to broad access; and
``(II) associated information services; and
``(ii) pursuing the maximum interoperability of data and
information by--
``(I) leveraging data, information, knowledge, and tools
from across the Federal Government to support equitable
access, cross-sectoral collaboration and innovation, and
local planning and decision-making; and
``(II) developing standards and practices for the adoption
and citation of digital object identifiers for datasets,
models, and analytical tools.
``(2) Collaboration.--In carrying out this subsection, the
Under Secretary shall collaborate with such Federal partners
and stakeholders as the Under Secretary considers relevant--
``(A) to develop standards to pursue maximum
interoperability of data, information, knowledge, and tools
across the Federal Government, convert historical records
into common digital formats, and improve access and usability
of data by partners and stakeholders;
``(B) to identify and solicit relevant data from Federal
and international partners and other relevant stakeholders,
as the Under Secretary considers appropriate; and
``(C) to develop standards and practices for the adoption
and citation of digital object identifiers for datasets,
models, and analytical tools.''.
SEC. 5705. DIGITAL FIRE WEATHER SERVICES AND DATA MANAGEMENT.
(a) In General.--
(1) Digital presence.--The Under Secretary shall develop
and maintain a comprehensive, centralized, and publicly
accessible digital presence designed to promote findability,
accessibility, interoperability, usability, and utility of
the services, tools, data, and information produced by the
program established under section 5703(a).
(2) Digital platform and tools.--In carrying out paragraph
(1), the Under Secretary shall seek to ensure the digital
platform and tools of the Administration integrate geospatial
data, decision support tools, training, and best practices to
provide real-time fire weather forecasts and address fire-
related issues and needs.
(b) Internet-based Tools.--In carrying out subsections (a)
and (b), the Under Secretary shall develop and implement
internet-based tools, such as webpages and smartphone and
other mobile applications, to increase utility and access to
services and products for the benefit of users.
SEC. 5706. HIGH-PERFORMANCE COMPUTING.
(a) In General.--The Under Secretary shall seek to acquire
sufficient high-performance computing resources and capacity
for research, operations, and data storage in support of the
program established under section 5703(a).
(b) Considerations.--In acquiring high-performance
computing capacity under subsection (a), the Under Secretary
shall consider requirements needed for--
(1) conducting research and development;
(2) the transition of research and testbed developments
into operations;
(3) capabilities existing in other Federal agencies and the
commercial sector; and
(4) skilled workforce development.
SEC. 5707. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON FIRE
WEATHER SERVICES PROGRAM.
(a) In General.--Not later than 3 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the
program established under section 5703(a).
(b) Elements.--The report required by subsection (a)
shall--
(1) evaluate the performance of the program by establishing
initial baseline capabilities and tracking progress made
toward fully operationalizing the functions described in
section 5703(b); and
(2) include such other recommendations as the Comptroller
General determines are appropriate to improve the program.
SEC. 5708. FIRE WEATHER TESTBED.
(a) Establishment of Fire Weather Testbed.--The Under
Secretary shall establish a fire weather testbed that enables
engagement across the Federal Government, State and local
governments, academia, private and federally funded research
laboratories, the private sector, and end-users in order to
evaluate the accuracy and usability of technology, models,
fire weather products and services, and other research to
accelerate the implementation, transition to operations, and
use of new capabilities by the Administration, Federal and
land management agencies, and other relevant stakeholders.
(b) Uncrewed Aircraft Systems.--
(1) In general.--The Under Secretary shall--
(A) research and assess the role and potential of uncrewed
aircraft systems to improve data collection in support of
modeling, observations, predictions, forecasts, and impact-
based decision support services;
(B) transition uncrewed aircraft systems technologies from
research to operations as the Under Secretary considers
appropriate; and
(C) coordinate with other Federal agencies that may be
developing uncrewed aircraft systems and related technologies
to meet the challenges of wildland fire management.
(2) Pilot required.--In carrying out paragraph (1), not
later than 1 year after the date of the enactment of this
Act, the Under Secretary shall conduct pilots of uncrewed
aircraft systems for fire weather and fire environment
observations, including--
(A) testing of unscrewed systems in approximations of real-
world scenarios;
(B) assessment of the utility of meteorological data
collected from fire response and assessment aircraft;
(C) input of the collected data into appropriate models to
predict fire behavior, including coupled atmosphere and fire
models; and
(D) collection of best management practices for deployment
of unscrewed systems and other remote data technology,
including for communication and coordination between the
stakeholders described in subsection (a).
(3) Prohibition.--
(A) In general.--Except as provided under subparagraphs (B)
and (C), the Under Secretary may not procure any covered
unmanned aircraft system that is manufactured or assembled by
a covered foreign entity, which includes associated elements
(consisting of communication links and the components that
control the unmanned aircraft) that are required for the
operator to operate safely and efficiently in the national
airspace system. The Federal Acquisition Security Council, in
coordination with the Secretary of Transportation, shall
develop and update a list of associated elements.
(B) Exemption.--The Under Secretary, in consultation with
the Secretary of Homeland Security, is exempt from the
prohibition under subparagraph (A) if the operation or
procurement is necessary for the sole purpose of marine or
atmospheric science or management.
(C) Waiver.--The Under Secretary may waive the prohibition
under subparagraph (A) on a case-by-case basis--
(i) with the approval of the Secretary of Homeland Security
or the Secretary of Defense; and
(ii) upon notification to Congress.
(D) Definitions.--In this paragraph:
(i) Covered foreign entity.--The term ``covered foreign
entity'' means an entity included on a list developed and
maintained by the Federal Acquisition Security Council. The
list shall include entities in the following categories:
(I) An entity included on the Consolidated Screening List.
(II) Any entity that is subject to extrajudicial direction
from a foreign government, as determined by the Secretary of
Homeland Security.
(III) Any entity the Secretary of Homeland Security, in
coordination with the Director of National Intelligence and
the Secretary of
[[Page S6011]]
Defense, determines poses a national security risk.
(IV) Any entity domiciled in the People's Republic of China
or subject to influence or control by the Government of the
People's Republic of China or the Communist Party of the
People's Republic of China, as determined by the Secretary of
Homeland Security.
(V) Any subsidiary or affiliate of an entity described in
subclauses (I) through (IV).
(ii) Covered unmanned aircraft system.--The term ``covered
unmanned aircraft system'' has the meaning given the term
``unmanned aircraft system'' in section 44801 of title 49,
United States Code.
(4) Savings clause.--
(A) In general.--In carrying out activities under this
subsection, the Under Secretary shall ensure that any testing
or deployment of uncrewed aircraft systems follow procedures,
restrictions, and protocols established by the heads of the
Federal agencies with statutory or regulatory jurisdiction
over any airspace in which wildfire response activities are
conducted during an active wildfire event.
(B) Consultation and coordination.--The Under Secretary
shall consult and coordinate with relevant Federal land
management agencies, Federal science agencies, and the
Federal Aviation Administration to develop processes for the
appropriate deployment of the systems described in
subparagraph (A).
(c) Additional Pilot Projects.--The Under Secretary shall
establish additional pilot projects relating to the fire
weather testbed that may include the following elements:
(1) Advanced satellite detection products.
(2) Procurement and use of commercial data.
SEC. 5709. FIRE WEATHER SURVEYS AND ASSESSMENTS.
(a) Annual Post-fire-weather Season Survey and
Assessment.--
(1) In general.--During the second winter following the
enactment of this Act, and each year thereafter, the Under
Secretary shall conduct a post-fire-weather season survey and
assessment.
(2) Elements.--After conducting a post-fire-weather season
survey and assessment under paragraph (1), the Under
Secretary shall--
(A) investigate any gaps in data collected during the
assessment;
(B) identify and implement strategies and procedures to
improve program services and information dissemination;
(C) update systems, processes, strategies, and procedures
to enhance the efficiency and reliability of data obtained
from the assessment;
(D) evaluate the accuracy and efficacy of physical fire
weather forecasting information for each incident included in
the survey and assessment; and
(E) assess and refine performance measures, as needed.
(b) Surveys and Assessments Following Individual Wildfire
Events.--The Under Secretary may conduct surveys and
assessments following individual wildfire events as the Under
Secretary determines necessary.
(c) Goal.--In carrying out activities under this section,
the Under Secretary shall seek to increase the number of
post-wildfire community impact studies, including by
surveying individual and collective responses and
incorporating other applicable topics of social science
research.
(d) Annual Briefing.--Not less frequently than once each
year, the Under Secretary shall provide a briefing to the
appropriate committees of Congress that provides--
(1) an overview of the fire season; and
(2) an outlook for the fire season for the coming year.
(e) Coordination.--In conducting any survey or assessment
under this section, the Under Secretary shall coordinate with
Federal, State, and local partners, Tribal governments,
private entities, and such institutions of higher education
as the Under Secretary considers relevant in order to--
(1) improve operations and collaboration; and
(2) optimize data collection, sharing, integration,
assimilation, and dissemination.
(f) Data Availability.--The Under Secretary shall make the
data and findings obtained from each assessment conducted
under this section available to the public in an accessible
digital format as soon as practicable after conducting the
assessment.
(g) Service Improvements.--The Under Secretary shall make
best efforts to incorporate the results and recommendations
of each assessment conducted under this section into the
research and development plan and operations of the
Administration.
SEC. 5710. INCIDENT METEOROLOGIST SERVICE.
(a) Establishment.--The Under Secretary shall establish and
maintain an Incident Meteorologist Service within the
National Weather Service (in this section referred to as the
``Service'').
(b) Inclusion of Existing Incident Meteorologists.--The
Service shall include--
(1) the incident meteorologists of the Administration as of
the date of the enactment of this Act; and
(2) such incident meteorologists of the Administration as
may be appointed after such date.
(c) Functions.--The Service shall provide--
(1) on-site impact-based decision support services to
Federal, State, Tribal government, and local government
emergency response agencies preceding, during, and following
wildland fires or other events that threaten life or
property, including high-impact and extreme weather events;
and
(2) support to Federal, State, Tribal government, and local
government decision makers, partners, and stakeholders for
seasonal planning.
(d) Deployment.--The Service shall be deployed--
(1) as determined by the Under Secretary; or
(2) at the request of the head of another Federal agency
and with the approval of the Under Secretary.
(e) Staffing and Resources.--In establishing and
maintaining the Service, the Under Secretary shall identify,
acquire, and maintain adequate levels of staffing and
resources to meet user needs.
(f) Symbol.--
(1) In general.--The Under Secretary may--
(A) create, adopt, and publish in the Federal Register a
symbol for the Service; and
(B) restrict the use of such symbol as appropriate.
(2) Use of symbol.--The Under Secretary may authorize the
use of a symbol adopted under this subsection by any
individual or entity as the Under Secretary considers
appropriate.
(3) Contract authority.--The Under Secretary may award
contracts for the creation of symbols under this subsection.
(4) Offense.--It shall be unlawful for any person--
(A) to represent themselves as an official of the Service
absent the designation or approval of the Under Secretary;
(B) to manufacture, reproduce, or otherwise use any symbol
adopted by the Under Secretary under this subsection,
including to sell any item bearing such a symbol, unless
authorized by the Under Secretary; or
(C) to violate any regulation promulgated by the Secretary
under this subsection.
(g) Support for Incident Meteorologists.--The Under
Secretary shall provide resources, access to real-time fire
weather forecasts, training, administrative and logistical
support, and access to professional counseling or other forms
of support as the Under Secretary considers appropriate for
the betterment of the emotional and mental health and well-
being of incident meteorologists and other employees of the
Administration involved with response to high-impact and
extreme fire weather events.
SEC. 5711. AUTOMATED SURFACE OBSERVING SYSTEM.
(a) Joint Assessment and Plan.--
(1) In general.--The Under Secretary, in collaboration with
the Administrator of the Federal Aviation Administration and
the Secretary of Defense, shall--
(A) conduct an assessment of resources, personnel,
procedures, and activities necessary to maximize the
functionality and utility of the automated surface observing
system of the United States that identifies--
(i) key system upgrades needed to improve observation
quality and utility for weather forecasting, aviation safety,
and other users;
(ii) improvements needed in observations within the
planetary boundary layer, including mixing height;
(iii) improvements needed in public accessibility of
observational data;
(iv) improvements needed to reduce latency in reporting of
observational data;
(v) relevant data to be collected for the production of
forecasts or forecast guidance relating to atmospheric
composition, including particulate and air quality data, and
aviation safety;
(vi) areas of concern regarding operational continuity and
reliability of the system, which may include needs for on-
night staff, particularly in remote and rural areas and areas
where system failure would have the greatest negative impact
to the community;
(vii) stewardship, data handling, data distribution, and
product generation needs arising from upgrading and changing
the automated surface observation systems;
(viii) possible solutions for areas of concern identified
under clause (vi), including with respect to the potential
use of backup systems, power and communication system
reliability, staffing needs and personnel location, and the
acquisition of critical component backups and proper storage
location to ensure rapid system repair necessary to ensure
system operational continuity; and
(ix) research, development, and transition to operations
needed to develop advanced data collection, quality control,
and distribution so that the data are provided to models,
users, and decision support systems in a timely manner; and
(B) develop and implement a plan that addresses the
findings of the assessment conducted under subparagraph (A),
including by seeking and allocating resources necessary to
ensure that system upgrades are standardized across the
Administration, the Federal Aviation Administration, and the
Department of Defense to the extent practicable.
(2) Standardization.--Any system standardization
implemented under paragraph (1)(B) shall not impede
activities to upgrade or improve individual units of the
system.
(3) Remote automatic weather station coordination.--The
Under Secretary, in collaboration with relevant Federal
agencies and the National Interagency Fire Center, shall
assess and develop cooperative agreements to improve
coordination, interoperability standards, operations, and
placement of remote automatic weather stations for the
purpose of improving utility and coverage of
[[Page S6012]]
remote automatic weather stations, automated surface
observation systems, smoke monitoring platforms, and other
similar stations and systems for weather and climate
operations.
(b) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Under Secretary, in
collaboration with the Administrator of the Federal Aviation
Administration and the Secretary of Defense, shall submit to
the appropriate committees of Congress a report that--
(A) details the findings of the assessment required by
subparagraph (A) of subsection (a)(1); and
(B) the plan required by subparagraph (B) of such
subsection.
(2) Elements.--The report required by paragraph (1) shall
include a detailed assessment of appropriations required--
(A) to address the findings of the assessment required by
subparagraph (A) of subsection (a)(1); and
(B) to implement the plan required by subparagraph (B) of
such subsection.
(c) Government Accountability Office Report.--Not later
than 4 years after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to
Congress a report that--
(1) evaluates the functionality, utility, reliability, and
operational status of the automated surface observing system
across the Administration, the Federal Aviation
Administration, and the Department of Defense;
(2) evaluates the progress, performance, and implementation
of the plan required by subsection (a)(1)(B);
(3) assesses the efficacy of cross-agency collaboration and
stakeholder engagement in carrying out the plan and provides
recommendations to improve such activities;
(4) evaluates the operational continuity and reliability of
the system, particularly in remote and rural areas and areas
where system failure would have the greatest negative impact
to the community, and provides recommendations to improve
such continuity and reliability;
(5) assesses Federal coordination regarding the remote
automatic weather station network, air resource advisors, and
other Federal observing assets used for weather and climate
modeling and response activities, and provides
recommendations for improvements; and
(6) includes such other recommendations as the Comptroller
General determines are appropriate to improve the system.
SEC. 5712. EMERGENCY RESPONSE ACTIVITIES.
(a) Definitions.--In this section:
(1) Basic pay.--The term ``basic pay'' includes any
applicable locality-based comparability payment under section
5304 of title 5, United States Code, any applicable special
rate supplement under section 5305 of such title, or any
equivalent payment under a similar provision of law.
(2) Covered employee.--The term ``covered employee'' means
an employee of the Department of Commerce.
(3) Covered services.--The term ``covered services'' means
services performed by a covered employee while serving as an
incident meteorologist accompanying a wildland firefighter
crew.
(4) Employee.--The term ``employee'' has the meaning given
that term in section 2105 of title 5, United States Code.
(5) Premium pay.--The term ``premium pay'' means premium
pay for the purposes of section 5547(a) of title 5, United
States Code.
(b) Waiver.--
(1) In general.--Any premium pay received by a covered
employee for covered services shall be disregarded in
calculating the aggregate of the basic pay and premium pay
for the covered employee for purposes of applying the
limitation on premium pay under section 5547(a) of title 5,
United States Code.
(2) Limitation.--A covered employee may be paid premium pay
that is disregarded under paragraph (1) only to the extent
that the aggregate of the basic pay and premium pay paid to
that covered employee in the applicable calendar year,
including premium pay that is disregarded under that
paragraph, does not exceed the rate of basic pay for a
position at level II of the Executive Schedule under section
5313 of title 5, United States Code, as in effect at the end
of that calendar year.
(c) Application.--If the application of subsection (b)
results in the payment of additional pay to a covered
employee of a type that is normally creditable as basic pay
for retirement or any other purpose, that additional pay
shall not--
(1) be considered to be basic pay of the covered employee
for any purpose; or
(2) be used in computing a lump-sum payment to the covered
employee for accumulated and accrued annual leave under
section 5551 or 5552 of title 5, United States Code.
(d) Amendment.--Section 5542(a)(5) of title 5, United
States Code, is amended by inserting ``, the Department of
Commerce,'' after ``Interior''.
(e) Effective Date.--This section and the amendment made by
this section shall take effect as if enacted on January 1,
2020.
(f) Policies and Procedures for Health, Safety, and Well-
being.--The Under Secretary shall maintain polices and
procedures to promote the health, safety, and well-being of
covered employees.
SEC. 5713. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON
INTERAGENCY WILDFIRE FORECASTING, PREVENTION,
PLANNING, AND MANAGEMENT BODIES.
Not later than 1 year after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a report that--
(1) identifies all Federal interagency bodies established
for the purpose of wildfire forecasting, prevention,
planning, and management (such as wildfire councils,
commissions, and workgroups), including--
(A) the Wildland Fire Leadership Council;
(B) the National Interagency Fire Center;
(C) the Wildland Fire Management Policy Committee;
(D) the Wildland Fire Mitigation and Management Commission;
(E) the Joint Science Fire Program;
(F) the National Interagency Coordination Center;
(G) the National Predictive Services Oversight Group;
(H) the Interagency Council for Advancing Meteorological
Services;
(I) the National Wildfire Coordinating Group;
(J) the National Multi-Agency Coordinating Group; and
(K) the Mitigation Framework Leadership Group;
(2) evaluates the roles, functionality, and utility of such
interagency bodies;
(3) evaluates the progress, performance, and implementation
of such interagency bodies;
(4) assesses efficacy and identifies potential overlap and
duplication of such interagency bodies in carrying out
interagency collaboration with respect to wildfire
prevention, planning, and management; and
(5) includes such other recommendations as the Comptroller
General determines are appropriate to streamline and improve
wildfire forecasting, prevention, planning, and management,
including recommendations regarding the interagency bodies
for which the addition of the Administration is necessary to
improve wildfire forecasting, prevention, planning, and
management.
SEC. 5714. AMENDMENTS TO INFRASTRUCTURE INVESTMENT AND JOBS
ACT RELATING TO WILDFIRE MITIGATION.
The Infrastructure Investment and Jobs Act (Public Law 117-
58; 135 Stat. 429) is amended--
(1) in section 70202--
(A) in paragraph (1)--
(i) in subparagraph (J), by striking ``; and'' and
inserting a semicolon;
(ii) in subparagraph (K), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following:
``(L) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(M) the Committee on Science, Space, and Technology of
the House of Representatives.''; and
(B) in paragraph (6)--
(i) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(ii) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) The Secretary of Commerce, acting through the Under
Secretary of Commerce for Oceans and Atmosphere.''; and
(2) in section 70203(b)(1)(B)--
(A) in the matter preceding clause (i), by striking ``9''
and inserting ``not fewer than 10'';
(B) in clause (i)--
(i) in subclause (IV), by striking ``; and'' and inserting
a semicolon;
(ii) in subclause (V), by adding ``and'' at the end; and
(iii) by adding at the end the following:
``(VI) the National Oceanic and Atmospheric
Administration.'';
(C) in clause (iv), by striking ``; and'' and inserting a
semicolon; and
(D) by adding at the end the following:
``(vi) if the Secretaries determine it to be appropriate, 1
or more representatives from the relevant line offices of the
National Oceanic and Atmospheric Administration; and''.
SEC. 5715. WILDFIRE TECHNOLOGY MODERNIZATION AMENDMENTS.
Section 1114 of the John D. Dingell, Jr. Conservation,
Management, and Recreation Act (43 U.S.C. 1748b-1) is
amended--
(1) in subsection (c)(3), by inserting ``the National
Oceanic and Atmospheric Administration,'' after ``Federal
Aviation Administration,'';
(2) in subsection (e)(2)--
(A) by redesignating subparagraph (B) as subparagraph (C);
and
(B) by inserting after subparagraph (A) the following:
``(B) Consultation.--
``(i) In general.--In carrying out subparagraph (A), the
Secretaries shall consult with the Under Secretary of
Commerce for Oceans and Atmosphere regarding any development
of impact-based decision support services that relate to
wildlife-related activities of the National Oceanic and
Atmospheric Administration.
``(ii) Definition of impact-based decision support
services.--In this subparagraph, the term `impact-based
decision support services' means forecast advice and
interpretative services the National Oceanic and Atmospheric
Administration provides to help core partners, such as
emergency personnel and public safety officials, make
decisions when weather, water, and climate impact the lives
and livelihoods of the people of the United States.''; and
[[Page S6013]]
(3) in subsection (f)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving such
subparagraphs, as so redesignated, 2 ems to the right;
(B) by striking ``The Secretaries'' and inserting the
following:
``(1) In general.--The Secretaries''; and
(C) by adding at the end the following:
``(2) Collaboration.--In carrying out paragraph (1), the
Secretaries shall collaborate with the Under Secretary of
Commerce for Oceans and Atmosphere to improve coordination,
utility of systems and assets, and interoperability of data
for smoke prediction, forecasting, and modeling.''.
SEC. 5716. COOPERATION; COORDINATION; SUPPORT TO NON-FEDERAL
ENTITIES.
(a) Cooperation.--Each Federal agency shall cooperate and
coordinate with the Under Secretary, as appropriate, in
carrying out this title and the amendments made by this
title.
(b) Coordination.--
(1) In general.--In meeting the requirements under this
title and the amendments made by this title, the Under
Secretary shall coordinate, and as appropriate, establish
agreements with Federal and external partners to fully use
and leverage existing assets, systems, networks,
technologies, and sources of data.
(2) Inclusions.--Coordination carried out under paragraph
(1) shall include coordination with--
(A) the National Interagency Fire Center, including the
Predictive Services Program that provides impact-based
decision support services to the wildland fire community at
the Geographic Area Coordination Center and the National
Interagency Coordination Center;
(B) the National Wildfire Coordinating Group; and
(C) relevant interagency bodies identified in the report
required by section 5713.
(3) Consultation.--In carrying out this subsection, the
Under Secretary shall consult with Federal partners.
(c) Coordination With Non-Federal Entities.--Not later than
540 days after the date of the enactment of this Act, the
Under Secretary shall develop and submit to the appropriate
committees of Congress a process for annual coordination with
Tribal, State, and local governments to assist the
development of improved fire weather products and services.
(d) Support to Non-Federal Entities.--In carrying out the
activities under this title and the amendments made by this
title, the Under Secretary may provide support to non-Federal
entities by making funds and resources available through--
(1) competitive grants;
(2) contracts under the mobility program under subchapter
VI of chapter 33 of title 5, United States Code (commonly
referred to as the ``Intergovernmental Personnel Act Mobility
Program'');
(3) cooperative agreements; and
(4) colocation agreements as described in section 502 of
the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Amendments Act of 2020 (33 U.S.C.
851 note prec.).
SEC. 5717. INTERNATIONAL COORDINATION.
(a) In General.--The Under Secretary may develop
collaborative relationships and agreements with foreign
partners and counterparts to address transboundary issues
pertaining to wildfires, fire weather, smoke, air quality,
and associated conditions and hazards or other relevant
meteorological phenomena, as appropriate, to facilitate full
and open exchange of data and information.
(b) Consultation.--In carrying out activities under this
section, the Under Secretary shall consult with the
Department of State and such other Federal partners as the
Under Secretary considers relevant.
SEC. 5718. SUBMISSIONS TO CONGRESS REGARDING THE FIRE WEATHER
SERVICES PROGRAM, INCIDENT METEOROLOGIST
WORKFORCE NEEDS, AND NATIONAL WEATHER SERVICE
WORKFORCE SUPPORT.
(a) Report to Congress.--Not later than 540 days after the
date of the enactment of this Act, the Under Secretary shall
submit to the appropriate committees of Congress--
(1) the plan described in subsection (b);
(2) the assessment described in subsection (c); and
(3) the assessment described in subsection (d).
(b) Fire Weather Services Program Plan.--
(1) Elements.--The plan submitted under subsection (a)(1)
shall detail--
(A) the observational data, modeling requirements, ongoing
computational needs, research, development, and technology
transfer activities, data management, skilled-personnel
requirements, engagement with relevant Federal emergency and
land management agencies and partners, and corresponding
resources and timelines necessary to achieve the functions
described in subsection (b) of section 5703 and the
priorities described in subsection (c) of such section; and
(B) plans and needs for all other activities and
requirements under this title and the amendments made by this
title.
(2) Submittal of annual budget for plan.--Following
completion of the plan submitted under subsection (a)(1), the
Under Secretary shall, not less frequently than once each
year concurrent with the submission of the budget by the
President to Congress under section 1105 of title 31, United
States Code, submit to Congress a proposed budget
corresponding with the elements detailed in the plan.
(c) Incident Meteorologist Workforce Needs Assessment.--
(1) In general.--The Under Secretary shall conduct a
workforce needs assessment on the current and future demand
for additional incident meteorologists for wildfires and
other high-impact fire weather events.
(2) Elements.--The assessment required by paragraph (1)
shall include the following:
(A) A description of staffing levels as of the date on
which the assessment is submitted under subsection (a)(2) and
projected future staffing levels.
(B) An assessment of the state of the infrastructure of the
National Weather Service as of the date on which the
assessment is submitted and future needs of such
infrastructure in order to meet current and future demands,
including with respect to information technology support and
logistical and administrative operations.
(3) Considerations.--In conducting the assessment required
by paragraph (1), the Under Secretary shall consider factors
including projected climate conditions, infrastructure,
relevant hazard meteorological response system equipment,
user needs, and feedback from relevant stakeholders.
(d) Support Services Assessment.--
(1) In general.--The Under Secretary shall conduct a
workforce support services assessment with respect to
employees of the National Weather Service engaged in
emergency response.
(2) Elements.--The assessment required by paragraph (1)
shall include the following:
(A) An assessment of need for further support of employees
of the National Weather Service engaged in emergency response
through services provided by the Public Health Service.
(B) A detailed assessment of appropriations required to
secure the level of support services needed as identified in
the assessment described in subparagraph (A).
(3) Additional support services.--Following the completion
of the assessment required by paragraph (1), the Under
Secretary shall seek to acquire additional support services
to meet the needs identified in the assessment.
SEC. 5719. GOVERNMENT ACCOUNTABILITY OFFICE REPORT; FIRE
SCIENCE AND TECHNOLOGY WORKING GROUP; STRATEGIC
PLAN.
(a) Government Accountability Office Report.--Not later
than 1 year after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to
Congress a report that identifies--
(1) the authorities, roles, and science and support
services relating to wildland fire prediction, detection,
forecasting, modeling, resilience, response, management, and
assessment provided by--
(A) the Department of Commerce, including the
Administration and the National Institute of Standards and
Technology;
(B) the National Aeronautics and Space Administration;
(C) the Department of the Interior;
(D) the Department of Agriculture;
(E) the National Science Foundation;
(F) the Department of Energy;
(G) the Federal Emergency Management Agency;
(H) the Department of Transportation;
(I) the Environmental Protection Agency; and
(J) the Department of Defense; and
(2) recommended areas in and mechanisms by which the
agencies listed under paragraph (1) could support and
improve--
(A) coordination between Federal agencies, State and local
governments, Tribal governments, and other relevant
stakeholders, including through examination of possible
public-private partnerships;
(B) research and development, including interdisciplinary
research, related to fire environments, wildland fires,
associated smoke, and the impacts of such environments,
fires, and smoke, in furtherance of a coordinated interagency
effort to address wildland fire risk reduction;
(C) data management and stewardship, the development and
coordination of data systems and computational tools, and the
creation of a centralized, integrated data collaboration
environment for agency data, including historical data,
relating to weather, fire environments, wildland fires,
associated smoke, and the impacts of such environments,
fires, and smoke, and the assessment of wildland fire risk
mitigation measures;
(D) interoperability, usability, and accessibility of the
scientific data, data systems, and computational and
information tools of the agencies listed under paragraph (1);
(E) coordinated public safety communications relating to
fire weather events, fire hazards, and wildland fire and
smoke risk reduction strategies; and
(F) secure and accurate real-time data, alerts, and
advisories to wildland firefighters and other decision
support tools for wildland fire incident command posts.
(b) Fire Science and Technology Working Group.--
(1) Establishment.--Not later than 90 days after the date
of the enactment of this Act, the Executive Director of the
Interagency Committee for Advancing Weather Services
established under section 402 of the Weather Research and
Forecasting Innovation Act of 2017 (15 U.S.C. 8542) (in this
section referred to as the ``Interagency Committee'') shall
establish a working group, to be known as the ``Fire Science
and Technology Working
[[Page S6014]]
Group'' (in this section referred to as the ``Working
Group'').
(2) Chair.--The Working Group shall be chaired by the Under
Secretary, or designee.
(3) General duties.--
(A) In general.--The Working Group shall seek to build
efficiencies among the agencies listed under subsection
(a)(1) and coordinate the planning and management of science,
research, technology, and operations related to science and
support services for wildland fire prediction, detection,
forecasting, modeling, resilience, response, management, and
assessments.
(B) Input.--The Working Group shall solicit input from non-
Federal stakeholders.
(c) Strategic Plan.--
(1) In general.--Not later than 540 days after the date of
the enactment of this Act, the Interagency Committee shall
prepare and submit to the appropriate committees of Congress,
the Committee on Agriculture, Nutrition, and Forestry of the
Senate, and the Committee on Agriculture of the House of
Representatives, a strategic plan for interagency
coordination, research, and development that will improve the
assessment of fire environments and the understanding and
prediction of wildland fires, associated smoke, and the
impacts of such fires and smoke, including--
(A) at the wildland-urban interface;
(B) on communities, buildings, and other infrastructure;
(C) on ecosystem services and watersheds;
(D) social and economic impacts;
(E) by developing and encouraging the adoption of science-
based and cost-effective measures--
(i) to enhance community resilience to wildland fires;
(ii) to address and mitigate the impacts of wildland fire
and associated smoke; and
(iii) to restore natural fire regimes in fire-dependent
ecosystems;
(F) by improving the understanding and mitigation of the
effects of weather and long-term drought on wildland fire
risk, frequency, and severity;
(G) through integrations of social and behavioral sciences
in public safety fire communication;
(H) by improving the forecasting and understanding of
prescribed fires and the impacts of such fires, and how those
impacts may differ from impacts of wildland fires that
originate from an unplanned ignition; and
(I) consideration and adoption of any recommendations
included in the report required by subsection (a) pursuant to
paragraph (2) of such subsection.
(2) Plan elements.--The strategic plan required by
paragraph (1) shall include the following:
(A) A description of the priorities and needs of vulnerable
populations.
(B) A description of high-performance computing,
visualization, and dissemination needs.
(C) A timeline and guidance for implementation of--
(i) an interagency data sharing system for data relevant to
performing fire assessments and modeling fire risk and fire
behavior;
(ii) a system for ensuring that the fire prediction models
of relevant agencies can be interconnected; and
(iii) to the maximum extent practicable, any
recommendations included in the report required by subsection
(a).
(D) A plan for incorporating and coordinating research and
operational observations, including from infrared
technologies, microwave, radars, satellites, mobile weather
stations, and uncrewed aerial systems.
(E) A flexible framework to communicate clear and simple
fire event information to the public.
(F) Integration of social, behavioral, risk, and
communication research to improve the fire operational
environment and societal information reception and response.
SEC. 5720. FIRE WEATHER RATING SYSTEM.
(a) In General.--The Under Secretary shall, in
collaboration with the Chief of the United States Forest
Service, the Director of the United States Geological Survey,
the Director of the National Park Service, the Administrator
of the Federal Emergency Management Agency, and such
stakeholders as the Under Secretary considers appropriate--
(1) evaluate the system used as of the date of the
enactment of this Act to rate the risk of wildfire; and
(2) determine whether updates to that system are required
to ensure that the ratings accurately reflect the severity of
fire risk.
(b) Update Required.--If the Under Secretary determines
under subsection (a) that updates to the system described in
paragraph (1) of such subsection are necessary, the Under
Secretary shall update that system.
SEC. 5721. AVOIDANCE OF DUPLICATION.
(a) In General.--The Under Secretary shall ensure, to the
greatest extent practicable, that activities carried out
under this title and the amendments made by this title are
not duplicative of activities supported by other parts of the
Administration or other relevant Federal agencies.
(b) Coordination.--In carrying out activities under this
title and the amendments made by this title, the Under
Secretary shall coordinate with the Administration and heads
of other Federal research agencies--
(1) to ensure those activities enhance and complement, but
do not constitute unnecessary duplication of, efforts; and
(2) to ensure the responsible stewardship of funds.
SEC. 5722. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to amounts appropriated under
title VIII of division D of the Infrastructure Investment and
Jobs Act (Public Law 117-58; 135 Stat. 1094), there are
authorized to be appropriated to the Administration to carry
out new policies and programs to address fire weather under
this title and the amendments made by this title--
(1) $15,000,000 for fiscal year 2023;
(2) $111,360,000 for fiscal year 2024;
(3) $116,928,000 for fiscal year 2025;
(4) $122,774,400 for fiscal year 2026; and
(5) $128,913,120 for fiscal year 2027.
(b) Prohibition.--None of the amounts authorized to be
appropriated by subsection (a) may be used to unnecessarily
duplicate activities funded under title VIII of division D of
the Infrastructure Investment and Jobs Act (Public Law 117-
58; 135 Stat. 1094).
TITLE LVIII--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
SEC. 5801. SHORT TITLE.
This title may be cited as the ``Learning Excellence and
Good Examples from New Developers Act of 2022'' or the
``LEGEND Act of 2022''.
SEC. 5802. DEFINITIONS.
In this title:
(1) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(2) Administrator.--The term ``Administrator'' means the
Under Secretary of Commerce for Oceans and Atmosphere and
Administrator of the National Oceanic and Atmospheric
Administration.
(3) Earth prediction innovation center.--The term ``Earth
Prediction Innovation Center'' means the community global
weather research modeling system described in paragraph
(5)(E) of section 102(b) of the Weather Research Forecasting
and Innovation Act of 2017 (15 U.S.C. 8512(b)), as
redesignated by section 5804(g).
(4) Model.--The term ``model'' means any vetted numerical
model and associated data assimilation of the Earth's system
or its components--
(A) developed, in whole or in part, by scientists and
engineers employed by the Administration; or
(B) otherwise developed using Federal funds.
(5) Operational model.--The term ``operational model''
means any model that has an output used by the Administration
for operational functions.
(6) Suitable model.--The term ``suitable model'' means a
model that meets the requirements described in paragraph
(5)(E)(ii) of section 102(b) of the Weather Research
Forecasting and Innovation Act of 2017 (15 U.S.C. 8512(b)),
as redesignated by section 5804(g), as determined by the
Administrator.
SEC. 5803. PURPOSES.
The purposes of this title are--
(1) to support innovation in modeling by allowing
interested stakeholders to have easy and complete access to
the models used by the Administration, as the Administrator
determines appropriate; and
(2) to use vetted innovations arising from access described
in paragraph (1) to improve modeling by the Administration.
SEC. 5804. PLAN AND IMPLEMENTATION OF PLAN TO MAKE CERTAIN
MODELS AND DATA AVAILABLE TO THE PUBLIC.
(a) In General.--The Administrator shall develop and
implement a plan to make available to the public the
following:
(1) Operational models developed by the Administration.
(2) Models that are not operational models, including
experimental and developmental models, as the Administrator
determines appropriate.
(3) Applicable information and documentation for models
described in paragraphs (1) and (2).
(4) Subject to section 5807, all data owned by the Federal
Government and data that the Administrator has the legal
right to redistribute that are associated with models made
available to the public pursuant to the plan and used in
operational forecasting by the Administration, including--
(A) relevant metadata;
(B) data used for operational models used by the
Administration as of the date of the enactment of this Act;
and
(C) a description of intended model outputs.
(b) Accommodations.--In developing and implementing the
plan under subsection (a), the Administrator may make such
accommodations as the Administrator considers appropriate to
ensure that the public release of any model, information,
documentation, or data pursuant to the plan does not
jeopardize--
(1) national security;
(2) intellectual property or redistribution rights,
including under titles 17 and 35, United States Code;
(3) any trade secret or commercial or financial information
subject to section 552(b)(4) of title 5, United States Code;
(4) any models or data that are otherwise restricted by
contract or other written agreement; or
(5) the mission of the Administration to protect lives and
property.
(c) Priority.--In developing and implementing the plan
under subsection (a), the
[[Page S6015]]
Administrator shall prioritize making available to the public
the models described in subsection (a)(1).
(d) Protections for Privacy and Statistical Information.--
In developing and implementing the plan under subsection (a),
the Administrator shall ensure that all requirements
incorporated into any models described in subsection (a)(1)
ensure compliance with statistical laws and other relevant
data protection requirements, including the protection of any
personally identifiable information.
(e) Exclusion of Certain Models.--In developing and
implementing the plan under subsection (a), the Administrator
may exclude models that the Administrator determines will be
retired or superseded in fewer than 5 years after the date of
the enactment of this Act.
(f) Platforms.--In carrying out subsections (a) and (b),
the Administrator may use government servers, contracts or
agreements with a private vendor, or any other platform
consistent with the purpose of this title.
(g) Support Program.--The Administrator shall plan for and
establish a program to support infrastructure, including
telecommunications and technology infrastructure of the
Administration and the platforms described in subsection (f),
relevant to making operational models and data available to
the public pursuant to the plan under subsection (a).
(h) Technical Correction.--Section 102(b) of the Weather
Research Forecasting and Innovation Act of 2017 (15 U.S.C.
8512(b)) is amended by redesignating the second paragraph (4)
(as added by section 4(a) of the National Integrated Drought
Information System Reauthorization Act of 2018 (Public Law
115-423; 132 Stat. 5456)) as paragraph (5).
SEC. 5805. REQUIREMENT TO REVIEW MODELS AND LEVERAGE
INNOVATIONS.
The Administrator shall--
(1) consistent with the mission of the Earth Prediction
Innovation Center, periodically review innovations and
improvements made by persons outside the Administration to
the operational models made available to the public pursuant
to the plan under section 5804(a) in order to improve the
accuracy and timeliness of forecasts of the Administration;
and
(2) if the Administrator identifies an innovation for a
suitable model, develop and implement a plan to use the
innovation to improve the model.
SEC. 5806. REPORT ON IMPLEMENTATION.
(a) In General.--Not later than 2 years after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate congressional committees a report on the
implementation of this title that includes a description of--
(1) the implementation of the plan required by section
5804;
(2) the process of the Administration under section 5805--
(A) for engaging with interested stakeholders to learn what
innovations those stakeholders have found;
(B) for reviewing those innovations; and
(C) for operationalizing innovations to improve suitable
models.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate; and
(2) the Committee on Science, Space, and Technology and the
Committee on Appropriations of the House of Representatives.
SEC. 5807. PROTECTION OF NATIONAL SECURITY INTERESTS.
(a) In General.--Notwithstanding any other provision of
this title, the Administrator, in consultation with the
Secretary of Defense, as appropriate, may withhold any model
or data if the Administrator determines doing so to be
necessary to protect the national security interests of the
United States.
(b) Rule of Construction.--Nothing in this title shall be
construed to supersede any other provision of law governing
the protection of the national security interests of the
United States.
SEC. 5808. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
carry out this title $2,000,000 for each of fiscal years 2023
through 2027.
(b) Derivation of Funds.--Funds to carry out this section
shall be derived from amounts authorized to be appropriated
to the National Weather Service that are enacted after the
date of the enactment of this Act.
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