[Congressional Record (Bound Edition), Volume 149 (2003), Part 19]
[Senate]
[Pages 26746-26751]
[From the U.S. Government Publishing Office, www.gpo.gov]




               OCEAN AND COASTAL OBSERVATION SYSTEMS ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 319, S. 1400.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1400) to develop a system that provides for 
     ocean and coastal observations, to implement a research and 
     development program to enhance security at United States 
     ports, to implement a data and information system required by 
     all components of an integrated ocean observing system and 
     related research, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and inserting in lieu thereof the following:

       [Strike the part shown in black brackets and insert the 
     part shown in italic.]

                                S. 1400

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

     [SECTION 1. SHORT TITLE.

       [This Act may be cited as the ``Ocean Observation and 
     Coastal Systems Act''.

     [SEC. 2. FINDINGS AND PURPOSES.

       [(a) Findings.--The Congress finds the following:
       [(1) The 95,000-mile coastline of the United States is 
     vital to the Nation's homeland security, transportation, 
     trade, environmental and human health, recreation and 
     tourism, food production, scientific research and education, 
     historical and cultural heritage, and energy production.
       [(2) More than half the Nation's population lives and works 
     in coastal communities that together make up 11 percent of 
     its land and its most ecologically and economically important 
     regions, supporting approximately 190 sea ports, containing 
     most of our largest cities, and providing access to coastal 
     waters rich in natural resources.
       [(3) More than 95 percent of the Nation's trade moves by 
     sea and nearly half of all goods, including energy products, 
     carried in maritime commerce are hazardous materials.
       [(4) The rich biodiversity of marine organisms provides 
     society with essential food resources, a promising source of 
     marine products with commercial and medical potential, and an 
     important contribution to the national economy.
       [(5) The oceans drive climate and weather factors causing 
     severe weather events and threatening the health of coastal 
     ecosystems and communities by creating or affecting both 
     natural and man-made coastal hazards such as hurricanes, 
     tsunamis, erosion, oil spills, harmful algal blooms, and 
     pollution, which can pose threats to human health.
       [(6) Each year, the United States Coast Guard relies on 
     ocean information to save 4,380 people, conducts over 65,000 
     rescue missions, and carries out more than 11,680 
     environmental cleanups and responses to pollution.
       [(7) Safeguarding homeland security requires improved 
     monitoring of the Nation's ports and coastline, including the 
     ability to track vessels and to provide rapid response teams 
     with real-time environmental conditions necessary for their 
     work.
       [(8) Advances in ocean technologies and scientific 
     understanding have made possible long-term and continuous 
     observation from space and in situ of ocean characteristics 
     and conditions.
       [(9) Many elements of an ocean and coastal observing system 
     are in place, though in a patchwork manner that is 
     fragmented, intermittent, incomplete, and not integrated.
       [(10) Important coastal uses, such as tourism, recreation, 
     and fishing, require assurance of healthy coastal waters, and 
     while the interagency National Coast Condition Report 
     provides an annual assessment of the status and quality of 
     coastal waters, substantial data gaps exist that could be 
     reduced through measurement of coastal quality through a 
     coordinated observing system that incorporates Federal, 
     State, and local monitoring programs.
       [(11) National investment in a sustained and integrated 
     ocean and coastal observing system and in coordinated 
     programs of research would assist this Nation and the world 
     in understanding the oceans and the global climate system, 
     strengthen homeland security, improve weather and climate 
     forecasts, strengthen management of marine resources, improve 
     the safety and efficiency of maritime operations, and 
     mitigate coastal hazards.
       [(b) Purposes.--The purposes of this Act are to provide 
     for--
       [(1) development and maintenance of an integrated system 
     that provides for sustained ocean and coastal observations 
     from in situ, remote, and vessel platforms, and that promotes 
     the national goals of assuring national security, advancing 
     economic development, conserving living marine resources, 
     protecting quality of life and the marine environment, and 
     strengthening science education and communication through 
     improved knowledge of the ocean;
       [(2) implementation of a research and development program 
     to enhance security at United States ports and minimize 
     security risks; and
       [(3) implementation of a data and information system 
     required by all components of an integrated ocean and coastal 
     observing system and related research.

     [SEC. 3. INTEGRATED OCEAN AND COASTAL OBSERVING SYSTEM.

       [(a) Establishment.--The President, through the National 
     Ocean Research Leadership Council, established by section 
     7902(a) of title 10, United States Code, (hereinafter 
     referred to as the ``Council''), shall establish and maintain 
     an integrated system of marine monitoring, data communication 
     and management, data analysis, and research designed to 
     provide data and information for the rapid and timely 
     detection and prediction of changes occurring in the marine 
     environment that impact the Nation's social, economic, and 
     ecological systems. Such an integrated ocean and coastal 
     observing system shall provide for long-term and continuous 
     observations of the oceans and coasts for the following 
     purposes:
       [(1) Strengthening homeland security.
       [(2) Improving weather forecasts and public warnings of 
     natural disasters and coastal hazards and mitigating such 
     disasters and hazards.
       [(3) Understanding, assessing, and responding to human-
     induced and natural processes of global change.
       [(4) Enhancing the safety and efficiency of marine 
     operations.
       [(5) Supporting efforts to protect, maintain, and restore 
     the health of and manage coastal and marine ecosystems and 
     living resources.
       [(6) Enhancing public health.
       [(7) Monitoring and evaluating the effectiveness of ocean 
     and coastal environmental policies.
       [(8) Conducting focused research to enhance the national 
     understanding of coastal and global ocean systems.
       [(9) Providing information that contributes to public 
     awareness of the condition and importance of the oceans.
       [(b) Council Functions.--In carrying out responsibilities 
     under this section, the Council shall--
       [(1) serve as the lead entity providing oversight of 
     Federal ocean and coastal observing requirements and 
     activities;
       [(2) adopt and maintain plans for the design, operation, 
     and improvement of such system;
       [(3) establish an interagency planning office to carry out 
     the duties described in subsection (c);
       [(4) coordinate and administer a program of research and 
     development under the National Oceanographic Partnership 
     Program (10 U.S.C. 7901) to support the operation of an 
     integrated ocean and coastal observing system and advance the 
     understanding of the oceans;
       [(5) establish a joint operations center to be maintained 
     by the Administrator of the National Oceanic and Atmospheric 
     Administration, in consultation with other Federal agencies; 
     and
       [(6) provide, as appropriate, support for and 
     representation on United States delegations to international 
     meetings on ocean and coastal observing programs and in 
     consultation with the Secretary of State to coordinate 
     relevant Federal activities with those of other nations.
       [(c) Interagency Program Office.--There is established 
     under the Council an interagency planning office. It shall--
       [(1) promote collaboration among agencies;
       [(2) promote collaboration among regional coastal observing 
     systems established pursuant to subsection (f);
       [(3) prepare annual and long-term plans for consideration 
     by the Council for the design and implementation of an 
     integrated ocean

[[Page 26747]]

     and coastal observing system, including the regional coastal 
     observing systems and taking into account the science and 
     technology advances considered ready for operational status;
       [(4) provide information for the development of agency 
     budgets;
       [(5) identify requirements for a common set of measurements 
     to be collected and distributed;
       [(6) establish standards and protocols for quality control 
     and data management and communications, in consultation with 
     the Joint Operations Center established pursuant to 
     subsection (d);
       [(7) work with regional coastal observing entities, the 
     National Sea Grant College Program, and other bodies as 
     needed to assess user needs, develop data products, make 
     effective use of existing capabilities, and incorporate new 
     technologies, as appropriate; and
       [(8) coordinate program planning and implementation.
       [(d) Joint Operations Center.--The Administrator of the 
     National Oceanic and Atmospheric Administration, in 
     consultation with the Oceanographer of the Navy, the 
     Administrator of the National Aeronautics and Space 
     Administration, the Director of the National Science 
     Foundation, the Commandant of the Coast Guard, the Under 
     Secretary for Science and Technology of the Department of 
     Homeland Security, and any other member of the National Ocean 
     Research Leadership Council as the Council may, by memorandum 
     of agreement, select--
       [(1) shall report to the National Ocean Research Leadership 
     Council;
       [(2) shall maintain a joint operations center that reports 
     to the Council; and
       [(3) is authorized, without limitation--
       [(A) to acquire, integrate, and deploy required 
     technologies and provide support for an ocean and coastal 
     observing system based on annual long-term plans developed by 
     the interagency planning office;
       [(B) to implement standards and protocols developed in 
     consultation with the interagency planning office for--
       [(i) network operations and data access;
       [(ii) quality control and assessment of data and design;
       [(iii) data access and management, including data transfer 
     protocols and archiving;
       [(iv) testing and employment of forecast models for ocean 
     conditions; and
       [(v) system products;
       [(C) to migrate science and technology advancements from 
     research and development to operational deployment based on 
     the annual and long-term plans of the interagency program 
     office;
       [(D) to integrate and extend existing programs into an 
     operating coastal and ocean and coastal observing system 
     based on the annual and long-term plans of the interagency 
     program office;
       [(E) to coordinate the data communication and management 
     system;
       [(F) to provide products and services as specified by 
     national, regional, and international users;
       [(G) to certify that regional coastal observing systems 
     meet the standards established in subsection (f) and to 
     ensure a periodic process for review and recertification of 
     the regional coastal observing systems; and
       [(H) to implement standards to ensure compatibility and 
     interoperability among existing and planned system 
     components.
       [(e) System Elements.--
       [(1) In general.--The integrated ocean and coastal 
     observing system shall consist of the following closely 
     linked components:
       [(A) A global ocean system to make observations in all 
     oceans (including chemical, physical, and biological 
     observations) for the purpose of documenting, at a minimum, 
     long-term trends in sea level change, ocean carbon sources 
     and sinks, and heat uptake and release by the ocean; and to 
     monitor ocean locations for signs of abrupt or long-term 
     changes in ocean circulation leading to changes in climate.
       [(B) The national network of observations and data 
     management that establishes reference and sentinel stations, 
     links the global ocean system to local and regional 
     observations, and provides data and information required by 
     multiple regions.
       [(C) Regional coastal observing systems that provide 
     information through the national network and detect and 
     predict conditions and events on a regional scale through the 
     measurement and dissemination of a common set of ocean and 
     coastal observations and related products in a uniform manner 
     and according to sound scientific practice using national 
     standards and protocols.
       [(2) Subsystem linkage.--The integrated ocean and coastal 
     observing system shall link 3 subsystems for rapid access to 
     data and information:
       [(A) An observing subsystem to measure, manage, and serve a 
     common set of chemical, physical, geological, and biological 
     variables required to achieve the purpose of this Act on time 
     scales required by users of the system.
       [(B) An ocean data management and assimilation subsystem 
     that provides for organization, cataloging, and dissemination 
     of data and information to ensure full use and long term 
     archival.
       [(C) A data analysis and applications subsystem to 
     translate data into products and services in response to user 
     needs and requirements.
       [(3) Research and development.--A research and development 
     program for the integrated ocean and coastal observing system 
     shall be conducted under the National Oceanographic 
     Partnership Program and shall consist of the following 
     elements:
       [(A) Coastal, relocatable, and cabled sea floor 
     observatories.
       [(B) Focused research projects to improve understanding of 
     the relationship between the oceans and human activities.
       [(C) Applied research to develop new observing technologies 
     and techniques, including data management and dissemination.
       [(D) Large scale computing resources and research to 
     improve ocean processes modeling.
       [(E) Programs to improve public education and awareness of 
     the marine environment and its goods and services.
       [(f) Regional Coastal Observing Systems.--The Administrator 
     of the National Oceanic and Atmospheric Administration, 
     through the Joint Operations Center, shall work with 
     representatives of entities in each region that provide ocean 
     data and information to users to form regional associations. 
     The regional associations shall be responsible for the 
     development and operation of observing systems in the coastal 
     regions extending to the seaward boundary of the United 
     States Exclusive Economic Zone, including the Great Lakes. 
     Participation in a regional association may consist of legal 
     entities including, research institutions, institutions of 
     higher learning, for-profit corporations, non-profit 
     corporations, State, local, and regional agencies, and 
     consortia of 2 or more such institutions or organizations 
     that--
       [(1) have demonstrated an organizational structure capable 
     of supporting and integrating all aspects of a coastal ocean 
     observing system within a region or subregion;
       [(2) have prepared an acceptable business plan including 
     research components and gained documented acceptance of its 
     intended regional or sub-regional jurisdiction by users and 
     other parties of interest within the region or sub-region 
     with the objectives of--
       [(A) delivering an integrated and sustained system that 
     meets national goals;
       [(B) incorporating into the system existing and appropriate 
     regional observations collected by Federal, State, regional, 
     or local agencies;
       [(C) responding to the needs of the users, including the 
     public, within the region;
       [(D) maintaining sustained, 24-hour-a-day operations and 
     disseminating observations in a manner that is routine, 
     predictable and, if necessary, in real-time or near real-
     time;
       [(E) providing services that include the collection and 
     dissemination of data and data management for timely access 
     to data and information;
       [(F) creating appropriate products that are delivered in a 
     timely fashion to the public and others who use, or are 
     affected by, the oceans;
       [(G) providing free and open access to the data collected 
     with financial assistance under this Act; and
       [(H) adhering to national standards and protocols to ensure 
     that data and related products can be fully exchanged among 
     all of the regional coastal systems and will be accessible to 
     any user in any part of the nation.
       [(3) For purposes of determining the civil liability under 
     section 2671 of title 28, United States Code, any regional 
     observing system and any employee thereof that is designated 
     part of a regional association under this subsection shall be 
     deemed to be an instrumentality of the United States with 
     respect to any act or omission committed by any such system 
     or any employee thereof in fulfilling the purposes of this 
     Act.
       [(g) Pilot Projects.--
       [(1) In general.--The Administrator, in consultation with 
     the interagency planning office, shall initiate pilot 
     projects through the National Oceanographic Partnership 
     Program. A pilot project is an organized, planned set of 
     activities designed to provide an evaluation of technology, 
     methods, or concepts within a defined schedule and having the 
     goal of advancing the development of the sustained, 
     integrated ocean observing system. The pilot projects will--
       [(A) develop protocols for coordinated implementation of 
     the full system;
       [(B) design and implement regional coastal ocean observing 
     systems;
       [(C) establish mechanisms for the exchange of data between 
     and among regions and Federal agencies;
       [(D) specify products and services and related requirements 
     for observations, data management, and analysis in 
     collaboration with user groups; and
       [(E) develop and test new technologies and techniques to 
     improve all three subsystems to more effectively meet the 
     needs of users of the system.
       [(2) Infrastructure capital projects.--The pilot projects 
     shall include one or more projects to capitalize the 
     infrastructure for the collection, management, analysis, and 
     distribution of data and one or more projects where the basic 
     infrastructure and institutional mechanisms already exist for 
     ongoing

[[Page 26748]]

     coastal observations, to fund the operations necessary for 
     the collection of the common set of observations approved by 
     the interagency planning office.

     [SEC. 4. INTERAGENCY FINANCING.

       [The departments and agencies represented on the Council 
     are authorized to participate in interagency financing and 
     share, transfer, receive and spend funds appropriated to any 
     member of the Council for the purposes of carrying out any 
     administrative or programmatic project or activity under this 
     Act or under the National Oceanographic Partnership Program 
     (10 U.S.C. 7901), including support for a common 
     infrastructure and system integration for an ocean and 
     coastal observing system. Funds may be transferred among such 
     departments and agencies through an appropriate instrument 
     that specifies the goods, services, or space being acquired 
     from another Council member and the costs of the same.

     [SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       [(a) Observing System Authorization.--For development and 
     implementation of an integrated ocean and coastal observing 
     system under section 3, including financial assistance to 
     regional coastal ocean observing systems and in addition to 
     any amounts previously authorized, there are authorized to be 
     appropriated to--
       [(1) the National Oceanic and Atmospheric Administration, 
     $83,000,000 in fiscal year 2004, $87,250,000 in fiscal year 
     2005, $91,500,000 in fiscal year 2006, $96,000,000 in fiscal 
     year 2007, and $100,000,000 in fiscal year 2008;
       [(2) the National Science Foundation, $25,000,000 in fiscal 
     year 2004, $26,250,000 in fiscal year 2005, $27,500,000 in 
     fiscal year 2006, $29,000,000 in fiscal year 2007, and 
     $30,500,000 in fiscal year 2008;
       [(3) the National Aeronautics and Space Administration, 
     $30,000,000 in fiscal year 2004, $31,500,000 in fiscal year 
     2005, $33,000,000 in fiscal year 2006, and $34,750,000 in 
     each of fiscal years 2007 and 2008;
       [(4) the United States Coast Guard, $8,000,000 in fiscal 
     year 2004, $8,400,000 in fiscal year 2005, $9,700,000 in 
     fiscal year 2006, $9,500,000 in fiscal year 2007, and 
     $9,750,000 in fiscal year 2008;
       [(5) the Office of Naval Research, $25,000,000 in fiscal 
     year 2004, $26,250,000 in fiscal year 2005, $27,500,000 in 
     fiscal year 2006, $29,000,000 in fiscal year 2007, and 
     $30,500,000 in fiscal year 2008;
       [(6) the Office of the Oceanographer of the Navy, 
     $30,000,000 in fiscal year 2004, $31,500,000 in fiscal year 
     2005, $33,000,000 in fiscal year 2006, $34,750,000 in fiscal 
     year 2007, and $36,500,000 in fiscal year 2008; and
       [(7) other Federal agencies with operational coastal or 
     ocean monitoring systems or which provide funds to States for 
     such systems, $15,000,000 in each of fiscal years 2004 
     through 2008.
       [(b) Regional Coastal Observing Systems.--The Administrator 
     of the National Oceanic and Atmospheric Administration shall 
     make at least 51 percent of the funds appropriated pursuant 
     to subsection (a)(1) available as grants for the development 
     and implementation of the regional coastal observing systems 
     based on the plans adopted by the Council and may be used to 
     leverage non-Federal funds.
       [(c) Availability.--Sums authorized to be appropriated by 
     this section shall remain available until expended.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ocean and Coastal 
     Observation Systems Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds the following:
       (1) The 95,000-mile coastline of the United States is vital 
     to the Nation's homeland security, transportation, trade, 
     environmental and human health, recreation and tourism, food 
     production, scientific research and education, historical and 
     cultural heritage, and energy production.
       (2) More than half the Nation's population lives and works 
     in coastal communities that together make up 11 percent of 
     its land and its most ecologically and economically important 
     regions, supporting approximately 190 sea ports, containing 
     most of our largest cities, and providing access to coastal 
     waters rich in natural resources.
       (3) More than 95 percent of the Nation's trade moves by sea 
     and nearly half of all goods, including energy products, 
     carried in maritime commerce are hazardous materials.
       (4) The rich biodiversity of marine organisms provides 
     society with essential food resources, a promising source of 
     marine products with commercial and medical potential, and an 
     important contribution to the national economy.
       (5) The oceans drive climate and weather factors causing 
     severe weather events and threatening the health of coastal 
     ecosystems and communities by creating or affecting both 
     natural and man-made coastal hazards such as hurricanes, 
     tsunamis, erosion, oil spills, harmful algal blooms, hypoxia, 
     and pollution, which can pose threats to human health.
       (6) Each year, the United States Coast Guard relies on 
     ocean information to save 4,380 people, conducts over 65,000 
     rescue missions, and carries out more than 11,680 
     environmental cleanups and responses to pollution.
       (7) Safeguarding homeland security requires improved 
     monitoring of the Nation's ports and coastline, including the 
     ability to track vessels and to provide rapid response teams 
     with real-time environmental conditions necessary for their 
     work.
       (8) Advances in ocean technologies and scientific 
     understanding have made possible long-term and continuous 
     observation from space and in situ of ocean characteristics 
     and conditions.
       (9) Many elements of an ocean and coastal observing system 
     are in place, though in a patchwork manner that is 
     fragmented, intermittent, incomplete, and not integrated.
       (10) Important coastal uses, such as tourism, recreation, 
     and fishing, require assurance of healthy coastal waters, and 
     while the interagency National Coast Condition Report 
     provides an annual assessment of the status and quality of 
     coastal waters, substantial data gaps exist that could be 
     reduced through measurement of coastal quality through a 
     coordinated observing system that incorporates Federal, 
     State, and local monitoring programs.
       (11) National investment in a sustained and integrated 
     ocean and coastal observing system and in coordinated 
     programs of research would assist this Nation and the world 
     in understanding the oceans and the global climate system, 
     strengthen homeland security, improve weather and climate 
     forecasts, strengthen management of marine resources, improve 
     the safety and efficiency of maritime operations, and 
     mitigate coastal hazards.
       (b) Purposes.--The purposes of this Act are to provide 
     for--
       (1) development and maintenance of an integrated system 
     that provides for sustained ocean and coastal observations 
     from in situ, remote, and vessel platforms, and that promotes 
     the national goals of assuring national security, advancing 
     economic development, conserving living marine resources, 
     protecting quality of life and the marine environment, and 
     strengthening science education and communication through 
     improved knowledge of the ocean;
       (2) implementation of a research and development program to 
     enhance security at United States ports and minimize security 
     risks; and
       (3) implementation of a data and information system 
     required by all components of an integrated ocean and coastal 
     observing system and related research.

     SEC. 3. INTEGRATED OCEAN AND COASTAL OBSERVING SYSTEM.

       (a) Establishment.--The President, through the National 
     Ocean Research Leadership Council, established by section 
     7902(a) of title 10, United States Code, (hereinafter 
     referred to as the ``Council''), shall establish and maintain 
     an integrated system of marine monitoring, data communication 
     and management, data analysis, and research designed to 
     provide data and information for the rapid and timely 
     detection and prediction of changes occurring in the marine 
     environment that impact the Nation's social, economic, and 
     ecological systems. Such an integrated ocean and coastal 
     observing system shall provide for long-term and continuous 
     observations of the oceans and coasts for the following 
     purposes:
       (1) Strengthening homeland security.
       (2) Improving weather forecasts and public warnings of 
     natural disasters and coastal hazards and mitigating such 
     disasters and hazards.
       (3) Understanding, assessing, and responding to human-
     induced and natural processes of global change.
       (4) Enhancing the safety and efficiency of marine 
     operations.
       (5) Supporting efforts to protect, maintain, and restore 
     the health of and manage coastal and marine ecosystems and 
     living resources.
       (6) Enhancing public health.
       (7) Monitoring and evaluating the effectiveness of ocean 
     and coastal environmental policies.
       (8) Conducting focused research to enhance the national 
     understanding of coastal and global ocean systems.
       (9) Providing information that contributes to public 
     awareness of the condition and importance of the oceans.
       (b) Council Functions.--In carrying out responsibilities 
     under this section, the Council shall--
       (1) serve as the lead entity providing oversight of Federal 
     ocean and coastal observing requirements and activities;
       (2) adopt and maintain plans for the design, operation, and 
     improvement of such system;
       (3) establish an interagency planning office to carry out 
     the duties described in subsection (c);
       (4) coordinate and administer a program of research and 
     development under the National Oceanographic Partnership 
     Program (10 U.S.C. 7901) to support the operation of an 
     integrated ocean and coastal observing system and advance the 
     understanding of the oceans;
       (5) establish a joint operations center to be maintained by 
     the Administrator of the National Oceanic and Atmospheric 
     Administration, in consultation with other Federal agencies; 
     and
       (6) provide, as appropriate, support for and representation 
     on United States delegations to international meetings on 
     ocean and coastal observing programs and in consultation with 
     the Secretary of State to coordinate relevant Federal 
     activities with those of other nations.
       (c) Interagency Program Office.--There is established under 
     the Council an interagency planning office. It shall--
       (1) promote collaboration among agencies;
       (2) promote collaboration among regional coastal observing 
     systems established pursuant to subsection (f);
       (3) prepare annual and long-term plans for consideration by 
     the Council for the design and implementation of an 
     integrated ocean and coastal observing system, including the 
     regional coastal observing systems and taking into account 
     the science and technology advances considered ready for 
     operational status;

[[Page 26749]]

       (4) provide information for the development of agency 
     budgets;
       (5) identify requirements for a common set of measurements 
     to be collected and distributed;
       (6) establish standards and protocols for quality control 
     and data management and communications, in consultation with 
     the Joint Operations Center established pursuant to 
     subsection (d);
       (7) work with regional coastal observing entities, the 
     National Sea Grant College Program, and other bodies as 
     needed to assess user needs, develop data products, make 
     effective use of existing capabilities, and incorporate new 
     technologies, as appropriate; and
       (8) coordinate program planning and implementation.
       (d) Joint Operations Center.--The Administrator of the 
     National Oceanic and Atmospheric Administration, in 
     consultation with the Oceanographer of the Navy, the 
     Administrator of the National Aeronautics and Space 
     Administration, the Director of the National Science 
     Foundation, the Commandant of the Coast Guard, the Under 
     Secretary for Science and Technology of the Department of 
     Homeland Security, and any other member of the Council as the 
     Council may, by memorandum of agreement, select--
       (1) shall operate and maintain a joint operations center 
     that reports to the Council; and
       (2) is authorized--
       (A) to acquire, integrate, and deploy required technologies 
     and provide support for an ocean and coastal observing system 
     based on annual long-term plans developed by the interagency 
     planning office;
       (B) to implement standards and protocols developed in 
     consultation with the interagency planning office for--
       (i) network operations and data access;
       (ii) quality control and assessment of data and design;
       (iii) data access and management, including data transfer 
     protocols and archiving;
       (iv) testing and employment of forecast models for ocean 
     conditions; and
       (v) system products;
       (C) to migrate science and technology advancements from 
     research and development to operational deployment based on 
     the annual and long-term plans of the interagency program 
     office;
       (D) to integrate and extend existing programs into an 
     operating ocean and coastal observing system based on the 
     annual and long-term plans of the interagency program office;
       (E) to coordinate the data communication and management 
     system;
       (F) to provide products and services as specified by 
     national, regional, and international users;
       (G) to certify that regional coastal observing systems meet 
     the standards established in subsection (f) and to ensure a 
     periodic process for review and recertification of the 
     regional coastal observing systems; and
       (H) to implement standards to ensure compatibility and 
     interoperability among existing and planned system 
     components.
       (e) System Elements.--
       (1) In general.--The integrated ocean and coastal observing 
     system shall consist of the following closely linked 
     components:
       (A) A global ocean system to make observations in all 
     oceans (including chemical, physical, and biological 
     observations) for the purpose of documenting, at a minimum, 
     long-term trends in sea level change, ocean carbon sources 
     and sinks, and heat uptake and release by the ocean; and to 
     monitor ocean locations for signs of abrupt or long-term 
     changes in ocean circulation leading to changes in climate.
       (B) The national network of observations and data 
     management that establishes reference and sentinel stations, 
     links the global ocean system to local and regional 
     observations, and provides data and information required by 
     multiple regions.
       (C) Regional coastal observing systems that provide 
     information through the national network and detect and 
     predict conditions and events on a regional scale through the 
     measurement and dissemination of a common set of ocean and 
     coastal observations and related products in a uniform manner 
     and according to sound scientific practice using national 
     standards and protocols.
       (2) Subsystem linkage.--The integrated ocean and coastal 
     observing system shall link 3 subsystems for rapid access to 
     data and information:
       (A) An observing subsystem to measure, manage, and serve a 
     common set of chemical, physical, geological, and biological 
     variables required to achieve the purpose of this Act on time 
     scales required by users of the system.
       (B) An ocean and coastal data management and assimilation 
     subsystem that provides for organization, cataloging, and 
     dissemination of data and information to ensure full use and 
     long term archival.
       (C) A data analysis and applications subsystem to translate 
     data into products and services in response to user needs and 
     requirements.
       (3) Integration of existing centers.--The integrated ocean 
     and coastal observing system shall integrate the capabilities 
     of the Coast Services Center and the National Coastal Data 
     Development Center of the National Oceanic and Atmospheric 
     Administration, and other appropriate centers.
       (4) Research and development.--A research and development 
     program for the integrated ocean and coastal observing system 
     shall be conducted under the National Oceanographic 
     Partnership Program and shall consist of the following 
     elements:
       (A) Coastal, relocatable, and cabled sea floor 
     observatories.
       (B) Focused research projects to improve understanding of 
     the relationship between the oceans and human activities.
       (C) Applied research to develop new observing technologies 
     and techniques, including data management and dissemination.
       (D) Large scale computing resources and research to improve 
     ocean processes modeling.
       (E) Programs to improve public education and awareness of 
     the marine environment and its goods and services.
       (f) Regional Coastal Observing Systems.--The Administrator 
     of the National Oceanic and Atmospheric Administration, 
     through the Joint Operations Center, shall work with 
     representatives of entities in each region that provide ocean 
     data and information to users to form regional associations. 
     The regional associations shall be responsible for the 
     development and operation of observing systems in the coastal 
     regions extending to the seaward boundary of the United 
     States Exclusive Economic Zone, including the Great Lakes. 
     Participation in a regional association may consist of legal 
     entities including, research institutions, institutions of 
     higher learning, for-profit corporations, non-profit 
     corporations, State, local, and regional agencies, and 
     consortia of 2 or more such institutions or organizations 
     that--
       (1) have demonstrated an organizational structure capable 
     of supporting and integrating all aspects of a coastal ocean 
     observing system within a region or subregion;
       (2) have prepared an acceptable business plan including 
     research components and gained documented acceptance of its 
     intended regional or sub-regional jurisdiction by users and 
     other parties of interest within the region or sub-region 
     with the objectives of--
       (A) delivering an integrated and sustained system that 
     meets national goals;
       (B) incorporating into the system existing and appropriate 
     regional observations collected by Federal, State, regional, 
     or local agencies;
       (C) responding to the needs of the users, including the 
     public, within the region;
       (D) maintaining sustained, 24-hour-a-day operations and 
     disseminating observations in a manner that is routine, 
     predictable and, if necessary, in real-time or near real-
     time;
       (E) providing services that include the collection and 
     dissemination of data and data management for timely access 
     to data and information;
       (F) creating appropriate products that are delivered in a 
     timely fashion to the public and others who use, or are 
     affected by, the oceans;
       (G) providing free and open access to the data collected 
     with financial assistance under this Act; and
       (H) adhering to national standards and protocols to ensure 
     that data and related products can be fully exchanged among 
     all of the regional coastal systems and will be accessible to 
     any user in any part of the nation.
       (3) For purposes of determining the civil liability under 
     section 2671 of title 28, United States Code, any regional 
     observing system and any employee thereof that is designated 
     part of a regional association under this subsection shall be 
     deemed to be an instrumentality of the United States with 
     respect to any act or omission committed by any such system 
     or any employee thereof in fulfilling the purposes of this 
     Act.
       (g) Pilot Projects.--
       (1) In general.--The Administrator, in consultation with 
     the interagency planning office, shall initiate pilot 
     projects through the National Oceanographic Partnership 
     Program. A pilot project is an organized, planned set of 
     activities designed to provide an evaluation of technology, 
     methods, or concepts within a defined schedule and having the 
     goal of advancing the development of the sustained, 
     integrated ocean observing system. The pilot projects will--
       (A) develop protocols for coordinated implementation of the 
     full system;
       (B) design and implement regional coastal ocean observing 
     systems;
       (C) establish mechanisms for the exchange of data between 
     and among regions and Federal agencies;
       (D) specify products and services and related requirements 
     for observations, data management, and analysis in 
     collaboration with user groups; and
       (E) develop and test new technologies and techniques to 
     improve all three subsystems to more effectively meet the 
     needs of users of the system.
       (2) Infrastructure capital projects.--The pilot projects 
     shall include one or more projects to capitalize the 
     infrastructure for the collection, management, analysis, and 
     distribution of data and one or more projects where the basic 
     infrastructure and institutional mechanisms already exist for 
     ongoing coastal observations, to fund the operations 
     necessary for the collection of the common set of 
     observations approved by the interagency planning office.

     SEC. 4. INTERAGENCY FINANCING.

       The departments and agencies represented on the Council are 
     authorized to participate in interagency financing and share, 
     transfer, receive and spend funds appropriated to any member 
     of the Council for the purposes of carrying out any 
     administrative or programmatic project or activity under this 
     Act or under the National Oceanographic Partnership Program 
     (10 U.S.C. 7901), including support for a common 
     infrastructure and system integration for an ocean and 
     coastal observing system. Funds may be transferred among such 
     departments

[[Page 26750]]

     and agencies through an appropriate instrument that specifies 
     the goods, services, or space being acquired from another 
     Council member and the costs of the same.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       (a) Observing System Authorization.--For development and 
     implementation of an integrated ocean and coastal observing 
     system under section 3, including financial assistance to 
     regional coastal ocean observing systems and in addition to 
     any amounts previously authorized, there are authorized to be 
     appropriated to--
       (1) the National Oceanic and Atmospheric Administration, 
     $83,000,000 in fiscal year 2004, $87,250,000 in fiscal year 
     2005, $91,500,000 in fiscal year 2006, $96,000,000 in fiscal 
     year 2007, and $100,000,000 in fiscal year 2008;
       (2) the National Science Foundation, $25,000,000 in fiscal 
     year 2004, $26,250,000 in fiscal year 2005, $27,500,000 in 
     fiscal year 2006, $29,000,000 in fiscal year 2007, and 
     $30,500,000 in fiscal year 2008;
       (3) the National Aeronautics and Space Administration, 
     $30,000,000 in fiscal year 2004, $31,500,000 in fiscal year 
     2005, $33,000,000 in fiscal year 2006, and $34,750,000 in 
     each of fiscal years 2007 and 2008;
       (4) the United States Coast Guard, $8,000,000 in fiscal 
     year 2004, $8,400,000 in fiscal year 2005, $9,700,000 in 
     fiscal year 2006, $9,500,000 in fiscal year 2007, and 
     $9,750,000 in fiscal year 2008;
       (5) the Office of Naval Research, $25,000,000 in fiscal 
     year 2004, $26,250,000 in fiscal year 2005, $27,500,000 in 
     fiscal year 2006, $29,000,000 in fiscal year 2007, and 
     $30,500,000 in fiscal year 2008;
       (6) the Office of the Oceanographer of the Navy, 
     $30,000,000 in fiscal year 2004, $31,500,000 in fiscal year 
     2005, $33,000,000 in fiscal year 2006, $34,750,000 in fiscal 
     year 2007, and $36,500,000 in fiscal year 2008; and
       (7) other Federal agencies with operational coastal or 
     ocean monitoring systems or which provide funds to States for 
     such systems, $15,000,000 in each of fiscal years 2004 
     through 2008.
       (b) Regional Coastal Observing Systems.--The Administrator 
     of the National Oceanic and Atmospheric Administration shall 
     make at least 51 percent of the funds appropriated pursuant 
     to subsection (a)(1) available as grants for the development 
     and implementation of the regional coastal observing systems 
     based on the plans adopted by the Council and may be used to 
     leverage non-Federal funds.
       (c) High-Frequency Surface Wave Radar.--The Administrator 
     of the National Oceanic and Atmospheric Administration may 
     make available $3,000,000 of the funds appropriated pursuant 
     to subsection (a)(1) for fiscal year 2004 to demonstrate the 
     capabilities of shore-based high-frequency surface wave radar 
     to measure real-time wave height, wave velocity, wave period, 
     tidal velocity, and wind speed within and beyond the 
     Exclusive Economic Zone of the United States.
       (d) Availability.--Sums authorized to be appropriated by 
     this section shall remain available until expended.

  Ms. SNOWE. Mr. President, I thank you for allowing the Senate to 
consider S. 1400, the Ocean and Coastal Observation Systems Act of 
2003. I would also like to thank several of my colleagues for co-
sponsoring this bill, including Senators Kerry, McCain, Hollings, 
Breaux, Inouye, Lott, Boxer, and Collins.
  Those familiar with the challenges of trying to monitor and predict 
ocean and marine environmental conditions--whether for marine science, 
resource management, and maritime transportation and safety--are aware 
of our tremendous need for better collection of basic ocean data. This 
bill, the Ocean and Coastal Observation Systems Act of 2003, would 
develop and formalize an integrated network of ocean observing systems 
around our Nation's coastlines, thereby allowing comprehensive and 
consistent ocean data to be gathered and fulfilling this critical 
information need. It would revolutionize our Nation's efforts in 
collecting, processing, and communicating ocean and coastal data.
  Like other coastal states, Maine has an enduring connection to the 
ocean. We are highly dependent on the fisheries resources and other 
essential services provided to us by the sea, and we understand that 
our lives and livelihoods are firmly rooted in how well we understand 
and adapt to ocean conditions. This became much easier to do in 2001, 
when the Gulf of Maine Ocean Observing System, or GoMOOS, deployed ten 
observation buoys in the Gulf of Maine. This prototype system has 
transformed how we gather information about the ocean and track ocean 
conditions over time. On the surface, these buoys measure currents, 
temperature, salinity, turbidity, dissolved oxygen, and other key 
environmental variables. By modifying the instrumentation, other data 
can be gathered from these platforms.
  What sets the GoMOOS observation system apart from the traditional 
data gathering approach, however, is that it takes all these ocean and 
surface condition measurements on an hourly basis through a network of 
linked buoys, and these near real-time measurements can be monitored 
and accessed by the general public through the internet. GoMOOS thereby 
provides a tremendous public service.
  The need for this type of ocean data gathering and access is not 
limited to the Gulf of Maine. The U.S. coastline spans 95,000 miles, 
and all States that border our oceans and Great Lakes would benefit 
from this service. Ocean and coastal observing systems have been 
planned or developed for other coastal regions, many in conjunction 
with the National Oceanic and Atmospheric Administration, State coastal 
management agencies, universities, and other regional partners. These 
systems, however, use different approaches for collecting, managing, 
processing, and communicating data through their network, and these 
data are often incompatible with data from other regions. As a result, 
we lose a valuable opportunity to develop a comprehensive picture of 
coastal and ocean conditions around the Nation.
  S. 1400, the Ocean and Coastal Observation Systems Act, seeks to 
solve this problem. This bill would coordinate ocean and coastal 
observation efforts with the support of the Federal Government. It 
would help develop regional observation systems, link them through a 
nationwide network, and provide public access to the information so 
anyone can better understand and track ocean and coastal conditions. It 
would call on the National Ocean Research Leadership Council to design, 
operate, and improve a Nationwide observation system, as well as 
administer an ocean data research and development program. This Council 
would plan these activities through a collaborative interagency 
planning office and carry them out through a joint operations center.
  The American public--over half of which lives along our coastlines--
will be very well served through the many uses and applications of this 
system. Fisheries, scientists, and managers can use this information to 
predict ocean conditions that affect productivity and utilize this 
information in resource management. Fishermen, sailors, Coast Guard 
search-and-rescue units, the military, and others who traverse the 
ocean can better predict safe sea conditions, and shippers can 
transport goods more efficiently, Ocean scientists and regulators can 
better understand, predict, and rapidly respond to marine pollution. 
Educators and students can learn more about marine science. Clearly, 
anyone who relies upon the ocean stands to benefit from this Nationwide 
observation system.
  Mr. President, as Chair of the Subcommittee on Oceans, Fisheries, and 
Coast Guard and as a coastal State Senator, I am extremely proud to 
sponsor and support this bill. Considering the tremendous public good 
and services that these systems provide, it is imperative that we in 
Congress facilitate the development and funding of a national, 
integrated, and sustained ocean observation network. We can do this by 
passing the Ocean and Coastal Observation Systems Act. Following action 
by the Senate, I encourage the House of Representatives to take action 
on this bill to facilitate its passage into law. I am confident that 
this bill, once enacted, will serve the public well by facilitating 
better understanding of our Nation's oceans and coasts, and I thank my 
colleagues for supporting it.
  Mr. McCONNELL. Mr. President, I ask unanimous consent the committee 
amendment be agreed to, the bill be read a third time and passed, the 
motions to reconsider be laid upon the table, and that any statements 
relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1400), as amended, was passed.

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