[Congressional Record (Bound Edition), Volume 151 (2005), Part 11]
[Senate]
[Pages 15307-15315]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

                                 ______
                                 
  SA 1099. Mr. McCONNELL (for Mr. Stevens (for himself and Mr. Inouye)) 
proposed an amendment to the bill S. 362, to establish a program within 
the National Oceanic and Atmospheric Administration and the United 
States Coast Guard to help identify, determine sources of, assess, 
reduce, and prevent marine debris and its adverse impacts on the marine 
environment and navigation safety, in coordination with non-Federal 
entities, and for other purposes; as follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Marine Debris Research, 
     Prevention, and Reduction Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress makes the following findings:
       (1) The oceans, which comprise nearly three quarters of the 
     Earth's surface, are an important source of food and provide 
     a wealth of other natural products that are important to the 
     economy of the United States and the world.
       (2) Ocean and coastal areas are regions of remarkably high 
     biological productivity, are of considerable importance for a 
     variety of recreational and commercial activities, and 
     provide a vital means of transportation.
       (3) Marine debris, including plastics, derelict fishing 
     gear, and a wide variety of other objects, has a harmful and 
     persistent effect on marine flora and fauna and can have 
     adverse impacts on human health.
       (4) Marine debris is also a hazard to navigation, putting 
     mariners and rescuers, their vessels, and consequently the 
     marine environment at risk, and can cause economic loss due 
     to entanglement of vessel systems.
       (5) Plastic materials persist for decades in the marine 
     environment and therefore pose the greatest potential for 
     long-term damage to the marine environment.
       (6) Insufficient knowledge and data on the source, 
     movement, and effects of plastics and other marine debris in 
     marine ecosystems has hampered efforts to develop effective 
     approaches for addressing marine debris.
       (7) Lack of resources, inadequate attention to this issue, 
     and poor coordination at the Federal level has undermined the 
     development and implementation of a Federal program to 
     address marine debris, both domestically and internationally.
       (b) Purposes.--The purposes of this Act are--
       (1) to establish programs within the National Oceanic and 
     Atmospheric Administration and the United States Coast Guard 
     to help identify, determine sources of, assess, reduce, and 
     prevent marine debris and its adverse impacts on the marine 
     environment and navigation safety, in coordination with other 
     Federal and non-Federal entities;
       (2) to re-establish the Inter-agency Marine Debris 
     Coordinating Committee to ensure a coordinated government 
     response across Federal agencies;
       (3) to develop a Federal information clearinghouse to 
     enable researchers to study the sources, scale and impact of 
     marine debris more efficiently; and
       (4) to take appropriate action in the international 
     community to prevent marine debris and reduce concentrations 
     of existing debris on a global scale.

     SEC. 3. NOAA MARINE DEBRIS PREVENTION AND REMOVAL PROGRAM.

       (a) Establishment of Program.--There is established, within 
     the National Oceanic and Atmospheric Administration, a Marine 
     Debris Prevention and Removal Program to reduce and prevent 
     the occurrence and adverse impacts of marine debris on the 
     marine environment and navigation safety.
       (b) Program Components.--Through the Marine Debris 
     Prevention and Removal Program, the Administrator shall carry 
     out the following activities:
       (1) Mapping, identification, impact assessment, removal, 
     and prevention.--The Administrator shall, in consultation 
     with relevant Federal agencies, undertake marine debris 
     mapping, identification, impact assessment, prevention, and 
     removal efforts, with a focus on marine debris posing a 
     threat to living marine resources, particularly species 
     identified as endangered or threatened under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.) and species 
     protected under the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1631 et seq.), and navigation safety, including--
       (A) the establishment of a process, building on existing 
     information sources maintained by Federal agencies such as 
     the Environmental Protection Agency and the Coast Guard, for 
     cataloguing and maintaining an inventory of marine debris and 
     its impacts found in the navigable waters of the United 
     states and the United States exclusive economic zone, 
     including location, material, size, age, and origin, and 
     impacts on habitat, living marine resources, human health, 
     and navigation safety;
       (B) measures to identify the origin, location, and 
     projected movement of marine debris within the United States 
     navigable waters, the United States exclusive economic zone, 
     and the high seas, including the use of oceanographic, 
     atmospheric, satellite, and remote sensing data; and
       (C) development and implementation of strategies, methods, 
     priorities, and a plan for preventing and removing marine 
     debris from United States navigable waters and within the 
     United States exclusive economic zone, including development 
     of local or regional protocols for removal of derelict 
     fishing gear.
       (2) Reducing and preventing loss of gear.--The 
     Administrator shall improve efforts and actively seek to 
     prevent and reduce fishing gear losses, as well as to reduce 
     adverse impacts of such gear on living marine resources and 
     navigation safety, including--
       (A) research and development of alternatives to gear posing 
     threats to the marine environment, and methods for marking 
     gear used in specific fisheries to enhance the tracking, 
     recovery, and identification of lost and discarded gear; and
       (B) development of voluntary or mandatory measures to 
     reduce the loss and discard of fishing gear, and to aid its 
     recovery, such as incentive programs, reporting loss and 
     recovery of gear, observer programs, toll-free reporting 
     hotlines, computer-based notification forms, and providing 
     adequate and free disposal receptacles at ports.
       (3) Outreach.--The Administrator shall undertake outreach 
     and education of the public and other stakeholders, such as 
     the fishing industry, fishing gear manufacturers, and other 
     marine-dependent industries, on sources of marine debris, 
     threats associated with marine debris and approaches to 
     identify, determine sources of, assess, reduce, and prevent 
     marine debris and its adverse impacts on the marine 
     environment and navigational safety, including outreach and 
     education activities through public-private initiatives. The 
     Administrator shall coordinate outreach and education 
     activities under this paragraph with any outreach programs 
     conducted under section 2204 of the Marine Plastic Pollution 
     Research and Control Act of 1987 (33 U.S.C. 1915).
       (c) Grants.--
       (1) In general.--The Administrator shall provide financial 
     assistance, in the form of grants, through the Marine Debris 
     Prevention and Removal Program for projects to accomplish the 
     purposes of this Act.
       (2) 50 percent matching requirement.--
       (A) In general.--Except as provided in subparagraph (B), 
     Federal funds for any project under this section may not 
     exceed 50 percent of the total cost of such project. For 
     purposes of this subparagraph, the non-Federal share of 
     project costs may be provided by in-kind contributions and 
     other noncash support.
       (B) Waiver.--The Administrator may waive all or part of the 
     matching requirement under subparagraph (A) if the 
     Administrator determines that no reasonable means are 
     available through which applicants can meet the matching 
     requirement and the probable benefit of such project 
     outweighs the public interest in such matching requirement.
       (3) Amounts paid and services rendered under consent.--
       (A) Consent decrees and orders.--If authorized by the 
     Administrator or the Attorney General, as appropriate, the 
     non-Federal share of the cost of a project carried out under 
     this Act may include money paid pursuant to, or the value of 
     any in-kind service performed under, an administrative order 
     on consent or judicial consent decree that will remove or 
     prevent marine debris.
       (B) Other decrees and orders.--The non-Federal share of the 
     cost of a project carried out under this Act may not include 
     any money paid pursuant to, or the value of any in-kind 
     service performed under, any other administrative order or 
     court order.
       (4) Eligibility.--Any natural resource management authority 
     of a State, Federal or other government authority whose 
     activities directly or indirectly affect research or 
     regulation of marine debris, and any educational or 
     nongovernmental institutions with demonstrated expertise in a 
     field related to marine debris, are eligible to submit to the 
     Administrator a marine debris proposal under the grant 
     program.
       (5) Grant criteria and guidelines.--Within 180 days after 
     the date of enactment of this Act, the Administrator shall 
     promulgate necessary guidelines for implementation of the 
     grant program, including development of criteria and 
     priorities for grants. Such priorities may include proposals 
     that would reduce new sources of marine debris and provide 
     additional benefits to the public, such as recycling of 
     marine debris or use of biodegradable materials. In 
     developing those

[[Page 15308]]

     guidelines, the Administrator shall consult with--
       (A) the Interagency Marine Debris Committee;
       (B) regional fishery management councils established under 
     the Magnuson-Stevens Fishery Conservation and Management Act 
     (16 U.S.C. 1801 et seq.);
       (C) State, regional, and local governmental entities with 
     marine debris experience;
       (D) marine-dependent industries; and
       (E) non-governmental organizations involved in marine 
     debris research, prevention, or removal activities.
       (6) Project review and approval.--The Administrator shall 
     review each marine debris project proposal to determine if it 
     meets the grant criteria and supports the goals of the Act. 
     Not later than 120 days after receiving a project proposal 
     under this section, the Administrator shall--
       (A) provide for external merit-based peer review of the 
     proposal;
       (B) after considering any written comments and 
     recommendations based on the review, approve or disapprove 
     the proposal; and
       (C) provide written notification of that approval or 
     disapproval to the person who submitted the proposal.
       (7) Project reporting.--Each grantee under this section 
     shall provide periodic reports as required by the 
     Administrator. Each report shall include all information 
     required by the Administrator for evaluating the progress and 
     success in meeting its stated goals, and impact on the marine 
     debris problem.

     SEC. 4. COAST GUARD PROGRAM.

       (a) In General.--The Commandant of the Coast Guard shall, 
     in cooperation with the Administrator, undertake measures to 
     reduce violations of MARPOL Annex V and the Act to Prevent 
     Pollution from Ships (33 U.S.C. 1901 et seq.) with respect to 
     the discard of plastics and other garbage from vessels. The 
     measures shall include--
       (1) the development of a strategy to improve monitoring and 
     enforcement of current laws, as well as recommendations for 
     statutory or regulatory changes to improve compliance and for 
     the development of any appropriate amendments to MARPOL;
       (2) regulations to address implementation gaps with respect 
     to the requirement of MARPOL Annex V and section 6 of the Act 
     to Prevent Pollution from Ships (33 U.S.C. 1905) that all 
     United States ports and terminals maintain receptacles for 
     disposing of plastics and other garbage, which may include 
     measures to ensure that a sufficient quantity of such 
     facilities exist at all such ports and terminals, 
     requirements for logging the waste received, and for Coast 
     Guard comparison of vessel and port log books to determine 
     compliance, taking into account potential economic impacts 
     and technical feasibility;
       (3) regulations to close record keeping gaps, which may 
     include requiring fishing vessels under 400 gross tons 
     entering United States ports to maintain records subject to 
     Coast Guard inspection on the disposal of plastics and other 
     garbage, that, at a minimum, include the time, date, type of 
     garbage, quantity, and location of discharge by latitude and 
     longitude or, if discharged on land, the name of the port 
     where such material is offloaded for disposal, taking into 
     account potential economic impacts and technical feasibility;
       (4) regulations to improve ship-board waste management, 
     which may include expanding to smaller vessels existing 
     requirements to maintain ship-board receptacles and maintain 
     a ship-board waste management plan, taking into account 
     potential economic impacts and technical feasibility;
       (5) the development, through outreach to commercial vessel 
     operators and recreational boaters, of a voluntary reporting 
     program, along with the establishment of a central reporting 
     location, for incidents of damage to vessels caused by marine 
     debris, as well as observed violations of existing laws and 
     regulations relating to disposal of plastics and other marine 
     debris; and
       (6) a voluntary program encouraging United States flag 
     vessels to inform the Coast Guard of any ports in other 
     countries that lack adequate port reception facilities for 
     garbage.
       (b) On-shore Oil and Gas Spills.--The Commandant of the 
     Coast Guard shall expedite implementation of the Coast 
     Guard's responsibilities with respect to on-shore oil and gas 
     spills.

     SEC. 5. INTERAGENCY COORDINATION.

       (a) Interagency Marine Debris Committee Established.--There 
     is established an Interagency Committee on Marine Debris to 
     coordinate a comprehensive program of marine debris research 
     and activities among Federal agencies, in cooperation and 
     coordination with non-governmental organizations, industry, 
     universities, and research institutions, State governments, 
     Indian tribes, and other nations, as appropriate, and to 
     foster cost-effective mechanisms to identify, determine 
     sources of, assess, reduce, and prevent marine debris, and 
     its adverse impact on the marine environment and navigational 
     safety, including the joint funding of research and 
     mitigation and prevention strategies.
       (b) Membership.--The Committee shall include a senior 
     official from--
       (1) the National Oceanic and Atmospheric Administration, 
     who shall serve as the chairperson of the Committee;
       (2) the United States Coast Guard;
       (3) the Environmental Protection Agency;
       (4) the United States Navy;
       (5) the Maritime Administration of the Department of 
     Transportation;
       (6) the National Aeronautics and Space Administration;
       (7) the U.S. Fish and Wildlife Service;
       (8) the Department of State;
       (9) the Marine Mammal Commission; and
       (10) such other Federal agencies that have an interest in 
     ocean issues or water pollution prevention and control as the 
     Administrator determines appropriate.
       (c) Meetings.--The Committee shall meet at least twice a 
     year to provide a public, interagency forum to ensure the 
     coordination of national and international research, 
     monitoring, education, and regulatory actions addressing the 
     persistent marine debris problem.
       (d) Definition.--The Committee shall develop and promulgate 
     through regulation a definition of the term ``marine 
     debris''.
       (e) Reporting.--
       (1) Interagency report on marine debris impacts and 
     strategies.--Not later than 12 months after the date of the 
     enactment of this Act, the Committee, through the 
     chairperson, and in cooperation with the coastal States, 
     Indian tribes, local governments, and non-governmental 
     organizations, shall complete and submit to the Congress a 
     report identifying the source of marine debris, examining the 
     ecological and economic impact of marine debris, alternatives 
     for reducing, mitigating, preventing, and controlling the 
     harmful affects of marine debris, the social and economic 
     costs and benefits of such alternatives, and recommendations 
     regarding both domestic and international marine debris 
     issues.
       (2) Contents.--The report submitted under paragraph (1) 
     shall provide recommendations on--
       (A) establishing priority areas for action to address 
     leading problems relating to marine debris;
       (B) developing an effective strategy and approaches to 
     preventing, reducing, removing, and disposing of marine 
     debris, including through private-public partnerships;
       (C) providing appropriate infrastructure for effective 
     implementation and enforcement of measures to prevent and 
     remove marine debris, especially the discard and loss of 
     fishing gear;
       (D) establishing effective and coordinated education and 
     outreach activities; and
       (E) ensuring Federal cooperation with, and assistance to, 
     the coastal States (as defined in section 304(4) of the 
     Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4))), 
     Indian tribes, and local governments in the identification, 
     determination of sources, prevention, reduction, management, 
     mitigation, and control of marine debris and its adverse 
     impacts.
       (3) Annual progress reports.--Not later than 2 years after 
     the date of the enactment of this Act, and every year 
     thereafter, the Committee, through the chairperson, shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Resources 
     of the House of Representatives a report that evaluates 
     United States and international progress in meeting the 
     purposes of this Act. The report shall include--
       (A) the status of implementation of the recommendations of 
     the Committee and analysis of their effectiveness;
       (B) a summary of the marine debris inventory to be 
     maintained by the National Oceanic and Atmospheric 
     Administration;
       (C) a review of the National Oceanic and Atmospheric 
     Administration program authorized by section 3 of this Act, 
     including projects funded and accomplishments relating to 
     reduction and prevention of marine debris;
       (D) a review of United States Coast Guard programs and 
     accomplishments relating to marine debris removal, including 
     enforcement and compliance with MARPOL requirements; and
       (E) estimated Federal and non-Federal funding provided for 
     marine debris and recommendations for priority funding needs.
       (f) Monitoring.--The Administrator, in cooperation with the 
     Administrator of the Environmental Protection Agency, shall 
     utilize the marine debris data derived under this Act and 
     title V of the Marine Protection, Research, and Sanctuaries 
     Act of 1972 (33 U.S.C. 2801 et seq.) to assist--
       (1) the Committee in ensuring coordination of research, 
     monitoring, education, and regulatory actions; and
       (2) the United States Coast Guard in assessing the 
     effectiveness of this Act and the Act to Prevent Pollution 
     from Ships (33 U.S.C. 1901 et seq.) in ensuring compliance 
     under section 2201 of the Marine Plastic Pollution Research 
     and Control Act of 1987 (33 U.S.C. 1913).
       (g) Conforming Amendment.--Section 2203 of the Marine 
     Plastic Pollution Research and Control Act of 1987 (33 U.S.C. 
     1914) is repealed.

     SEC. 6. INTERNATIONAL COOPERATION.

       The Interagency Marine Debris Committee shall develop a 
     strategy that may be pursued

[[Page 15309]]

     by the United States in the International Maritime 
     Organization and other appropriate international and regional 
     forums to reduce the incidence of marine debris, including--
       (1) the inclusion of effective and enforceable marine 
     debris prevention and removal measures in international and 
     regional agreements, including fisheries agreements and 
     maritime agreements;
       (2) measures to strengthen and to improve compliance with 
     MARPOL Annex V;
       (3) national reporting and information requirements that 
     will assist in improving information collection, 
     identification and monitoring of marine debris;
       (4) the establishment of an international database, 
     consistent with the information clearinghouse established 
     under section 7, that will provide current information on 
     location, source, prevention, and removal of marine debris;
       (5) the establishment of public-private partnerships and 
     funding sources for pilot programs that will assist in 
     implementation and compliance with marine debris requirements 
     in international agreements and guidelines;
       (6) the identification of possible amendments to and 
     provisions in the International Maritime Organization 
     Guidelines for the Implementation of Annex V of MARPOL for 
     potential inclusion in Annex V; and
       (7) when appropriate assist the responsible Federal agency 
     in bilateral negotiations to effectively enforce marine 
     debris prevention.

     SEC. 7. FEDERAL INFORMATION CLEARINGHOUSE.

       The Administrator, in coordination with the Committee, 
     shall maintain a Federal information clearinghouse on marine 
     debris that will be available to researchers and other 
     interested parties to improve source identification, data 
     sharing, and monitoring efforts through collaborative 
     research and open sharing of data. The clearinghouse shall 
     include--
       (1) standardized protocols to map the general locations of 
     commercial fishing and aquaculture activities using 
     Geographic Information System techniques;
       (2) a world-wide database which describes fishing gear and 
     equipment, and fishing practices, including information on 
     gear types and specifications;
       (3) guidance on the identification of types of fishing gear 
     fragments and their sources developed in consultation with 
     persons of relevant expertise; and
       (4) the data on mapping and identification of marine debris 
     to be developed pursuant to section 3(b)(1) of this Act.

     SEC. 8. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       (2) Committee.--The term ``Committee'' means the 
     Interagency Marine Debris Committee established by section 5 
     of this Act.
       (3) United states exclusive economic zone.--The term 
     ``United States exclusive economic zone'' means the zone 
     established by Presidential Proclamation Numbered 5030, dated 
     March 10, 1983, including the ocean waters of the areas 
     referred to as ``eastern special areas'' in article 3(1) of 
     the Agreement between the United States of America and the 
     Union of Soviet Socialist Republics on the Maritime Boundary, 
     signed June 1, 1990.
       (4) MARPOL; annex v; convention.--The terms ``MARPOL'', 
     ``Annex 5'', and ``Convention'' have the meaning given those 
     terms in paragraphs (3) and (4) of section 2(a) of the Act to 
     Prevent Pollution from Ships (33 U.S.C. 1901(a)).
       (5) Navigable waters.--The term ``navigable waters'' has 
     the meaning given that term by section 502(7) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1362(7)).

     SEC. 9. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT.

       Nothing in this Act supersedes, or limits the authority of 
     the Secretary of the Interior under, the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1331 et seq.)

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for each fiscal 
     year 2006 through 2010--
       (1) to the Administrator for the purpose of carrying out 
     sections 3 and 7 of this Act, $10,000,000, of which no more 
     than 10 percent may be for administrative costs; and
       (2) to the Secretary of the Department in which the Coast 
     Guard is operating, for the use of the Commandant of the 
     Coast Guard in carrying out sections 4 and 6 of this Act, 
     $5,000,000, of which no more than 10 percent may be used for 
     administrative costs.
                                 ______
                                 
  SA 1100. Mr. McCONNELL (for Mr. Stevens (for himself and Mr. Inouye)) 
proposed an amendment to the bill S. 39, to establish a coordinated 
national ocean exploration program within the National Oceanic and 
Atmospheric Administration; as follows:

              TITLE I--NATIONAL OCEAN EXPLORATION PROGRAM

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``National Ocean Exploration 
     Program Act''.

     SEC. 102. ESTABLISHMENT.

       The Secretary of Commerce, through the Administrator of the 
     National Oceanic and Atmospheric Administration, shall, in 
     consultation with the National Science Foundation and other 
     appropriate Federal agencies, establish a coordinated 
     national ocean exploration program within the National 
     Oceanic and Atmospheric Administration that promotes 
     collaboration with existing programs of the agency, including 
     those authorized in title II.

     SEC. 103. AUTHORITIES.

       In carrying out the program the Administrator of the 
     National Oceanic and Atmospheric Administration shall--
       (1) conduct interdisciplinary exploration voyages or other 
     scientific activities in conjunction with other Federal 
     agencies or academic or educational institutions, to survey 
     little known areas of the marine environment, inventory, 
     observe, and assess living and nonliving marine resources, 
     and report such findings;
       (2) give priority attention to deep ocean regions, with a 
     focus on surveying deep water marine systems that hold 
     potential for important scientific discoveries, such as 
     hydrothermal vent communities and seamounts;
       (3) conduct scientific voyages to locate, define, and 
     document historic shipwrecks, submerged sites, and other 
     ocean exploration activities that combine archaeology and 
     oceanographic sciences;
       (4) develop, in consultation with the National Science 
     Foundation, a transparent process for reviewing and approving 
     proposals for activities to be conducted under this program;
       (5) enhance the technical capability of the United States 
     marine science community by promoting the development of 
     improved oceanographic research, communication, navigation, 
     and data collection systems, as well as underwater platforms 
     and sensors;
       (6) accept donations of property, data, and equipment to be 
     applied for the purpose of exploring the oceans or increasing 
     knowledge of the oceans;
       (7) establish an ocean exploration forum to encourage 
     partnerships and promote communication among experts and 
     other stakeholders in order to enhance the scientific and 
     technical expertise and relevance of the national program; 
     and
       (8) avoid directing the programs towards activities 
     relating to global temperature trends and instead focus on 
     underwater regions of particular scientific interest.

     SEC. 104. EXPLORATION TECHNOLOGY AND INFRASTRUCTURE TASK 
                   FORCE.

       The National Oceanic and Atmospheric Administration, in 
     coordination with the National Aeronautics and Space 
     Administration, the U.S. Geological Survey, Office of Naval 
     Research, and relevant governmental, non-governmental, 
     academic, and other experts, shall convene an ocean 
     technology and infrastructure task force to develop and 
     implement a strategy--
       (1) to facilitate transfer of new exploration technology to 
     the program;
       (2) to improve availability of communications 
     infrastructure, including satellite capabilities, to the 
     program;
       (3) to develop an integrated, workable and comprehensive 
     data management information processing system that will make 
     information on unique and significant features obtained by 
     the program available for research and management purposes;
       (4) to conduct public outreach activities that improve the 
     public understanding of ocean science, resources, and 
     processes, in conjunction with relevant programs of the 
     National Oceanic and Atmospheric Administration, the National 
     Science Foundation, and other agencies; and
       (5) to encourage cost-sharing partnerships with 
     governmental and non-governmental entities that will assist 
     in transferring exploration technology and technical 
     expertise to the program.

     SEC. 105. INTERAGENCY FINANCING.

       The National Oceanic and Atmospheric Administration, the 
     National Science Foundation, and other Federal agencies 
     involved in the program, are authorized to participate in 
     interagency financing and share, transfer, receive and spend 
     funds appropriated to any Federal participant in the program 
     for the purposes of carrying out any administrative or 
     programmatic project or activity under this section. Funds 
     may be transferred among such departments and agencies 
     through an appropriate instrument that specifies the goods, 
     services, or space being acquired from another Federal 
     participant and the costs of the same.

     SEC. 106. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT.

       Nothing in this title or title II supersedes, or limits the 
     authority of the Secretary of the Interior under, the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).

     SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the National 
     Oceanic and Atmospheric Administration to carry out the 
     program--
       (1) $30,500,000 for fiscal year 2006;
       (2) $33,550,000 for fiscal year 2007;
       (3) $36,905,000 for fiscal year 2008;
       (4) $40,596,000 for fiscal year 2009;
       (5) $44,655,000 for fiscal year 2010;
       (6) $49,121,000 for fiscal year 2011;
       (7) $54,033,000 for fiscal year 2012;

[[Page 15310]]

       (8) $59,436,000 for fiscal year 2013;
       (9) $65,379,000 for fiscal year 2014; and
       (10) $71,917,000 for fiscal year 2015.

                  TITLE II--UNDERSEA RESEARCH PROGRAM

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``NOAA Undersea Research 
     Program Act of 2005''.

     SEC. 202. ESTABLISHMENT.

       The Administrator of the National Oceanic and Atmospheric 
     Administration shall establish and maintain an undersea 
     research program and shall designate a Director of that 
     program.

     SEC. 203. PURPOSE.

       The purpose of the program is to increase scientific 
     knowledge essential for the informed management, use and 
     preservation of oceanic, coastal and large lake resources 
     through undersea research, exploration, education and 
     technology development. The program shall be part of National 
     Oceanic and Atmospheric Administration's undersea research, 
     education, and technology development efforts, and also make 
     available the infrastructure and expertise to service the 
     undersea science needs of the academic community.

     SEC. 204. PROGRAM.

       The program shall be conducted through a national 
     headquarters, a network of regional undersea research 
     centers, and a national technology institute. Overall 
     direction of the program will be provided by the program 
     director with advice from the Council of Center directors 
     comprised of the directors of the regional centers and the 
     national technology institute.

     SEC. 205. REGIONAL CENTERS AND TECHNOLOGY INSTITUTE.

       The following research, exploration, education, and 
     technology programs shall be conducted through the network of 
     regional centers and the national technology institute:
       (1) Core research and exploration based on national and 
     regional undersea research priorities.
       (2) Advanced undersea technology to support the National 
     Oceanic and Atmospheric Administration's research mission and 
     programs.
       (3) Undersea science-based education and outreach programs 
     to enrich ocean science education and public awareness of the 
     oceans and Great Lakes.
       (4) Development of advanced undersea technology associated 
     with seafloor observatories, remotely operated vehicles, 
     autonomous underwater vehicles, and new sampling and sensing 
     technologies.
       (5) Discovery, study, and development of natural products 
     from ocean and aquatic systems.

     SEC. 206. COMPETITIVENESS.

       Except for a small discretionary fund for rapid response 
     activities and for the National Oceanic and Atmospheric 
     Administration-related service projects, for which no more 
     than 10 percent of the program budget shall be set aside, the 
     external projects supported by the regional centers shall be 
     managed using an open and competitive process to evaluate 
     scientific merit, relevance to the National Oceanic and 
     Atmospheric Administration, regional and national research 
     goals, and technical feasibility.

     SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the National 
     Oceanic and Atmospheric Administration--
       (1) for fiscal year 2006--
       (A) $12,500,000 for the regional centers, of which 50 
     percent shall be for West Coast Regional Centers and 50 
     percent shall be for East Coast Regional Centers; and
       (B) $5,000,000 for the National Technology Institute;
       (2) for fiscal year 2007--
       (A) $13,750,000 for the regional centers, of which 50 
     percent shall be for West Coast Regional Centers and 50 
     percent shall be for East Coast Regional Centers; and
       (B) $5,500,000 for the National Technology Institute;
       (3) for fiscal year 2008--
       (A) $15,125,000 for the regional centers, of which 50 
     percent shall be for West Coast Regional Centers and 50 
     percent shall be for East Coast Regional Centers; and
       (B) $6,050,000 for the National Technology Institute;
       (4) for fiscal year 2009--
       (A) $16,638,000 for the regional centers, of which 50 
     percent shall be for West Coast Regional Centers and 50 
     percent shall be for East Coast Regional Centers; and
       (B) $6,655,000 for the National Technology Institute;
       (5) for fiscal year 2010--
       (A) $18,301,000 for the regional centers, of which 50 
     percent shall be for West Coast Regional Centers and 50 
     percent shall be for East Coast Regional Centers; and
       (B) $7,321,000 for the National Technology Institute;
       (6) for fiscal year 2011--
       (A) $20,131,000 for the regional centers, of which 50 
     percent shall be for West Coast Regional Centers and 50 
     percent shall be for East Coast Regional Centers; and
       (B) $8,053,000 for the National Technology Institute;
       (7) for fiscal year 2012--
       (A) $22,145,000 for the regional centers, of which 50 
     percent shall be for West Coast Regional Centers and 50 
     percent shall be for East Coast Regional Centers; and
       (B) $8,859,000 for the National Technology Institute;
       (8) for fiscal year 2013--
       (A) $24,359,000 for the regional centers, of which 50 
     percent shall be for West Coast Regional Centers and 50 
     percent shall be for East Coast Regional Centers; and
       (B) $9,744,000 for the National Technology Institute;
       (9) for fiscal year 2014--
       (A) $26,795,000 for the regional centers, of which 50 
     percent shall be for West Coast Regional Centers and 50 
     percent shall be for East Coast Regional Centers; and
       (B) $10,718,000 for the National Technology Institute; and
       (10) for fiscal year 2015--
       (A) $29,474,000 for the regional centers, of which 50 
     percent shall be for West Coast Regional Centers and 50 
     percent shall be for East Coast Regional Centers; and
       (B) $11,790,000 for the National Technology Institute.
                                 ______
                                 
  SA 1101. Mr. McCONNELL (for Mr. Stevens (for himself and Mr. Inouye)) 
proposed an amendment to the bill S. 50, to authorize and strengthen 
the National Oceanic and Atmospheric Administration's tsunami 
detection, forecast, warning, and mitigation program, and for other 
purposes; as follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Tsunami Preparedness Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds the following:
       (1) Tsunami are a series of large waves of long wavelength 
     created by the displacement of water by violent undersea 
     disturbances such as earthquakes, volcanic eruptions, 
     landslides, explosions, and the impact of cosmic bodies.
       (2) Tsunami have caused, and can cause in the future, 
     enormous loss of human life, injury, destruction of property, 
     and economic and social disruption in coastal and island 
     communities.
       (3) While 85 percent of tsunami occur in the Pacific Ocean, 
     and coastal and island communities in this region are the 
     most vulnerable to the destructive results, tsunami can occur 
     at any point in any ocean or related body of water where 
     there are earthquakes, volcanoes, or any other activity that 
     displaces a large volume of water.
       (4) A number of States and territories are subject to the 
     threat of tsunamis, including Alaska, California, Hawaii, 
     Oregon, Washington, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, Guam, Puerto Rico, and the U.S. 
     Virgin Islands.
       (5) The National Oceanic and Atmospheric Administration is 
     responsible for maintaining a tsunami detection and warning 
     system for the Nation, issuing warnings to United States 
     communities at risk from tsunami, and preparing those 
     communities to respond appropriately, through--
       (A) the Pacific Tsunami Warning Center in Ewa Beach, 
     Hawaii, which serves as a warning center for Hawaii, all 
     other United States assets in the Pacific, and Puerto Rico;
       (B) the Alaska/West Coast Tsunami Warning Center in Palmer, 
     Alaska, which is responsible for issuing warnings for Alaska, 
     British Columbia, California, Oregon, and Washington;
       (C) the Federal-State national tsunami hazard mitigation 
     program;
       (D) a tsunami research and assessment program, including 
     programs conducted by the Pacific Marine Environmental 
     Laboratory;
       (E) the TsunamiReady Program, which educates and prepares 
     communities for survival before and during a tsunami;
       (F) an archive of historical tsunami data, held at the 
     National Oceanic and Atmospheric Administration's National 
     Geophysical Data Center; and
       (G) other related programs, including those operated in 
     coordination with academic institutions.
       (6) The National Oceanic and Atmospheric Administration 
     also represents the United States as a member of the 
     International Coordination Group for the Tsunami Warning 
     System in the Pacific, administered by the Intergovernmental 
     Oceanographic Commission of UNESCO, for which the Pacific 
     Tsunami Warning Center acts as the operational center and 
     shares seismic and water level information with 26 member 
     states, and maintains UNESCO's International Tsunami 
     Information Center, in Honolulu, Hawaii, which provides 
     technical and educational assistance to member states.
       (7) The Tsunami Warning Centers receive seismographic 
     information from the Global Seismic Network, an international 
     system of earthquake monitoring stations, from the United 
     States Geological Survey National Earthquake Information 
     Center, the Alaska Earthquake Information Center, and 
     cooperative regional seismic networks, and use these data to 
     issue tsunami warnings and integrate the information with 
     data from their own tidal and deep ocean monitoring stations, 
     to cancel or verify the existence of a

[[Page 15311]]

     damaging tsunami. Warnings are disseminated by the National 
     Oceanic and Atmospheric Administration to State emergency 
     operation centers.
       (8) Current gaps in the International Tsunami Warning 
     System, such as the lack of regional warning systems in the 
     Indian Ocean, the southwest Pacific Ocean, Central and South 
     America, the Mediterranean Sea, and Caribbean, pose risks for 
     coastal and island communities.
       (9) The tragic and extreme loss of life experienced by 
     countries in the Indian Ocean following the magnitude 9.0 
     earthquake and resulting tsunami in that region on December 
     26, 2004, illustrates the destructive consequences which can 
     occur in the absence of an effective tsunami warning and 
     notification system.
       (10) An effective tsunami warning and notification system 
     is part of a multi-hazard disaster warning and preparedness 
     program and requires real-time seismic, sea level, and 
     oceanographic data, high-speed data analysis capabilities, a 
     high-speed tsunami warning and notification system, a 
     sustained program of education and risk assessment to develop 
     response strategies, and an established local infrastructure 
     for timely and effective dissemination of warnings to 
     activate evacuation of tsunami hazard zones.
       (11) The Tsunami Warning System for the Pacific is a model 
     for other regions of the world to adopt, and can be expanded 
     and modernized to increase detection, forecast, and warning 
     capabilities for vulnerable states and territories, reduce 
     the incidence of costly false alarms, improve reliability of 
     measurement and assessment technology, and increase community 
     preparedness.
       (12) Tsunami warning and preparedness capability can be 
     developed in other vulnerable areas of the world, such as the 
     Indian Ocean, by identifying tsunami hazard zones, educating 
     populations, developing alert and notification 
     infrastructure, and by deploying near real-time tsunami 
     detection sensors and gauges, establishing hazard 
     notification and warning networks, expanding global 
     monitoring of seismic activity, encouraging the increased 
     exchange of seismic and tidal data between nations, and 
     improving international coordination when a tsunami is 
     detected.
       (13) UNESCO has recognized the need to establish tsunami 
     warning systems for regions beyond the Pacific Basin that are 
     vulnerable to tsunami, including the Indian Ocean, and has 
     convened a working group to lead an effort to expand the 
     International Tsunami Warning System in the Pacific to such 
     vulnerable regions.
       (14) The international community and all vulnerable nations 
     should take coordinated efforts to establish and participate 
     in regional tsunami warning systems and other hazard warnings 
     systems developed to meet the goals of the United Nations 
     International Strategy for Disaster Reduction.
       (15) On February 16, 2005, the United States, together with 
     53 other Nations participating in the Third Earth Observation 
     Summit in Brussels, Belgium, adopted a 10-year implementation 
     plan as the basis for establishing the Global Earth 
     Observation System of Systems.
       (16) The Global Earth Observation System of Systems will 
     consist of existing and future earth observation systems, 
     including the United States tsunami detection and warning 
     system.
       (b) Purposes.--The purposes of this Act are--
       (1) to improve tsunami detection, forecast, warnings, 
     notification, preparedness, and mitigation in order to 
     protect life and property both in the United States and 
     elsewhere in the world;
       (2) to improve and modernize the existing Pacific Tsunami 
     Warning System to increase coverage, reduce false alarms and 
     increase accuracy of forecasts and warnings, and expand 
     detection and warning systems to include other vulnerable 
     States and United States territories, including the 
     Caribbean/Atlantic/Gulf region;
       (3) to increase and accelerate mapping, modeling, research, 
     assessment, education, and outreach efforts in order to 
     improve forecasting, preparedness, mitigation, response, and 
     recovery of tsunami and related coastal hazards;
       (4) to provide technical and other assistance to speed 
     international efforts to establish regional tsunami warning 
     systems in vulnerable areas worldwide, including the Indian 
     Ocean; and
       (5) to improve Federal, State, and international 
     coordination for tsunami and other coastal hazard warnings 
     and preparedness.

     SEC. 3. TSUNAMI DETECTION AND WARNING SYSTEM.

       (a) In General.--The Administrator of the National Oceanic 
     and Atmospheric Administration shall operate regional tsunami 
     detection and warning systems for the Pacific Ocean region 
     and for the Atlantic Ocean, Caribbean, and Gulf of Mexico 
     region that will provide maximum detection capability for 
     United States coastal tsunami.
       (b) System Requirements.--
       (1) Pacific system.--The Pacific tsunami warning system 
     shall cover the entire Pacific Ocean area, including the 
     Western Pacific, the Central Pacific, the North Pacific, the 
     South Pacific, and the East Pacific and Arctic areas.
       (2) Atlantic, caribbean, and gulf of mexico system.--The 
     Atlantic, Caribbean, and Gulf system shall cover areas of the 
     Atlantic Ocean, Caribbean Sea, and the Gulf of Mexico that 
     the Administrator determines--
       (A) to be geologically active, or to have significant 
     potential for geological activity; and
       (B) to pose measurable risks of tsunamis for States along 
     the coastal areas of the Atlantic Ocean or the Gulf of 
     Mexico.
       (3) Components.--The systems shall--
       (A) utilize an array of deep ocean detection buoys, 
     including redundant and spare buoys;
       (B) include an associated tide gauge and water level system 
     designed for long-term continuous operation tsunami 
     transmission capability;
       (C) allow for such additional sensors as may be necessary 
     for tsunami and weather warnings and forecasts;
       (D) provide for the establishment of a cooperative effort 
     between the National Oceanic and Atmospheric Administration 
     and the United States Geological Survey under which the 
     Geological Survey and State earthquake information centers 
     provide rapid and reliable real-time seismic information to 
     the Administration from international and domestic seismic 
     networks;
       (E) provide for information and data processing through the 
     tsunami warning centers established under subsection (c);
       (F) be integrated into United States and global ocean and 
     earth observing systems, including the Global Earth 
     Observation System of Systems;
       (G) provide an infrastructure, building on local systems, 
     for at-risk tsunami communities that supports rapid and 
     reliable alert and notification to the public, such as the 
     National Oceanic and Atmospheric Administration's Weather, 
     Alert, and Readiness Network, which includes the weather 
     radio and the All Hazard Alert Broadcasting Radio; and
       (H) the integration of NOAA's Advanced Weather Interactive 
     Processing System with other technologies.
       (4) Federal cooperation.--In deploying and maintaining 
     detection buoys utilized in the tsunami warning system, the 
     Administrator should leverage the assistance and assets of 
     the United States Coast Guard, the Navy, and other Federal 
     agency assets in the region. Within 180 days after the date 
     of enactment of this Act, the Administrator shall provide a 
     report to the Senate committee on Commerce, Science, and 
     Transportation, the House of Representatives Committee on 
     Science, and the House of Representatives Committee on 
     Resources that summarizes the extent to which the United 
     States Coast Guard or any other Federal agency is assistance 
     in deploying and maintaining such buoys.
       (c) Tsunami Warning Centers.--
       (1) In general.--The Administrator shall establish tsunami 
     warning centers to provide a link between the detection and 
     warning system and the tsunami hazard mitigation program 
     established under section 4 including--
       (A) a Pacific Tsunami Warning Center in Hawaii;
       (B) a West Coast and Alaska Tsunami Warning Center in 
     Alaska; and
       (C) any additional warning centers determined by the 
     Administrator to be necessary.
       (2) Responsibilities.--The responsibilities of each tsunami 
     warning center shall include--
       (A) continuously monitoring data from seismological 
     stations, deep ocean detection buoys, and tidal monitoring 
     stations and providing such data to the national tsunami 
     archive;
       (B) evaluating earthquakes that have the potential to 
     generate tsunami;
       (C) evaluating deep ocean buoy data and tidal monitoring 
     stations for indications of tsunami resulting from sources 
     other than earthquakes; and
       (D) disseminating information and warning bulletins 
     appropriate for local and distant tsunamis to government 
     agencies and the public and alerting potentially impacted 
     coastal areas for evacuation.
       (d) Data Management.--The Administrator shall maintain 
     national and regionally-based data management systems to 
     support and establish data management requirements for the 
     tsunami detection and monitoring system, including 
     requirements for--
       (1) quality control and quality assurance;
       (2) archiving and maintaining data;
       (3) supporting integration of observations from the system 
     with other national and international water level 
     measurements, such as the Global Sea Level Monitoring System;
       (4) integration of observations from the system with other 
     elements of the global and coastal components of the 
     integrated ocean and coastal observing system and the Global 
     Earth Observation System of Systems; and
       (5) the development of and access to data sets and 
     integrated data products designed to support multi-hazard 
     regional vulnerability assessment and adaptation programs 
     such as the program established under section 8.

     SEC. 4. TSUNAMI HAZARD MITIGATION PROGRAM.

       (a) In General.--The Administrator of the National Oceanic 
     and Atmospheric Administration shall, in coordination with 
     other

[[Page 15312]]

     agencies and academic institutions, develop and conduct a 
     community-based tsunami hazard mitigation program to improve 
     tsunami preparedness of at-risk areas.
       (b) Coordinating Committee.--In developing and conducting 
     the program, the Administrator shall establish a coordinating 
     committee comprising representatives of Federal agencies and 
     other governmental entities involved in tsunami mitigation 
     and response, including--
       (1) the National Oceanic and Atmospheric Administration;
       (2) the United States Geological Survey;
       (3) the National Science Foundation;
       (4) the National Institute of Standards and Technology; and
       (5) affected coastal States and territories.
       (c) Program Components.--The program shall--
       (1) improve the quality and extent of inundation mapping, 
     including assessment of vulnerable inner coastal areas;
       (2) promote and improve community outreach and education 
     networks and programs to ensure community awareness and 
     readiness, including the development of multi-hazard risk and 
     vulnerability assessment training and decision support tools, 
     implementation of technical training and public education 
     programs, and provide for certification of prepared 
     communities;
       (3) integrate tsunami awareness, preparedness, and 
     mitigation programs into ongoing hazard warning and risk 
     management programs in affected areas including the National 
     Response Plan and State coastal zone management plans;
       (4) promote the adoption of tsunami warning and mitigation 
     measures by Federal, State, tribal, and local governments and 
     non-governmental entities through a grant program for 
     training, development of guidelines, and other purposes;
       (5) develop tsunami specific rescue and recovery guidelines 
     for the National Response Plan, including long-term 
     mitigation measures, educational programs regarding the 
     consequences of development in high-risk areas, and use of 
     remote sensing and other technology in rescue and recovery 
     operations;
       (6) require budget coordination, through the 
     Administration, to carry out the purposes of this Act and to 
     ensure that participating agencies provide necessary funds 
     for matters within their respective areas of authority and 
     expertise; and
       (7) provide for periodic external review of the program and 
     for inclusion of the results of such reviews in the report 
     required by section 6(e).

     SEC. 5. TSUNAMI RESEARCH PROGRAM.

       (a) Establishment.--The Administrator of the National 
     Oceanic and Atmospheric Administration shall, in coordination 
     with other agencies and academic institutions, establish a 
     tsunami research program to develop detection, prediction, 
     communication, and mitigation science and technology that 
     supports tsunami forecasts and warnings, including advanced 
     sensing techniques, information and communication technology, 
     data collection, analysis and assessment for tsunami tracking 
     and numerical forecast modeling that will--
       (1) help determine--
       (A) whether an earthquake or other seismic event will 
     result in a tsunami; and
       (B) the likely path, severity, duration, and travel time of 
     a tsunami;
       (2) develop techniques and technologies that may be used to 
     communicate tsunami forecasts and warnings as quickly and 
     effectively as possible to affected communities;
       (3) develop techniques and technologies to support 
     evacuation products, including real-time notice of the 
     condition of critical infrastructure along tsunami evacuation 
     routes for public officials and first responders; and
       (4) develop techniques for utilizing remote sensing 
     technologies in rescue and recovery operations.
       (b) Technology.--The Administrator, in consultation with 
     other appropriate Federal agencies, shall investigate the 
     potential for improved technology for tsunami and other 
     hazard warnings by incorporating into the existing system a 
     full range of options for providing those warnings to the 
     public.

     SEC. 6. TSUNAMI SYSTEM UPGRADE AND MODERNIZATION.

       (a) System Upgrades.--The Administrator of the National 
     Oceanic and Atmospheric Administration shall--
       (1) authorize and direct the immediate repair of existing 
     deep ocean detection buoys and related components of the 
     system;
       (2) ensure the deployment of an array of deep ocean 
     detection buoys capable of carrying multi-observation 
     technology in the regions described in section 3(a) of this 
     Act;
       (3) ensure expansion or upgrade of the seismic monitoring 
     and tide gauge networks in the regions described in section 
     3(a); and
       (4) complete the upgrades not later than December 31, 2007.
       (b) Transfer of Technology; Maintenance and Upgrades.--In 
     carrying out this section, the Administrator shall--
       (1) promulgate specifications and standards for forecast, 
     detection, and warning systems, including detection 
     equipment;
       (2) develop and execute a plan for the transfer of 
     technology from ongoing research to long-term operations;
       (3) ensure that detection equipment is maintained in 
     operational condition to fulfill the forecasting, detection 
     and warning requirements of the regional tsunami detection 
     and warning systems;
       (4) obtain, to the greatest extent practicable, priority 
     treatment in budgeting for, acquiring, transporting, and 
     maintaining weather sensors, tide gauges, water level gauges, 
     and tsunami buoys incorporated into the system including 
     obtaining ship time; and
       (5) ensure integration of the tsunami detection system with 
     other United States and global ocean and coastal observation 
     systems, the Global Earth Observation System of Systems, 
     global seismic networks, and the Advanced National Seismic 
     System.
       (c) Certification.--Amounts appropriated for any fiscal 
     year pursuant to section 9 to carry out this section may not 
     be obligated or expended for the acquisition of services for 
     construction or deployment of tsunami detection equipment 
     unless the Administrator certifies in writing to the Senate 
     Committee on Commerce, Science, and Transportation, the House 
     of Representatives Committee on Science, and the House of 
     Representatives Committee on Resources within 60 calendar 
     days after the date on which the President submits the Budget 
     of the United States for that fiscal year to the Congress 
     that--
       (1) each contractor for such services has met the 
     requirements of the contract for such construction or 
     deployment;
       (2) the equipment to be constructed or deployed is capable 
     of becoming fully operational without the obligation or 
     expenditure of additional appropriated funds; and
       (3) the Administrator does not reasonably foresee 
     unanticipated delays in the deployment and operational 
     schedule specified in the contract.
       (d) Congressional Notifications.--The Administrator shall 
     notify the Senate Committee on Commerce, Science, and 
     Transportation, the House of Representatives Committee on 
     Science, and the House of Representatives Committee on 
     Resources of--
       (1) impaired regional detection coverage due to equipment 
     or system failures; and
       (2) significant contractor failures or delays in completing 
     work associated with the tsunami detection and warning 
     system.
       (e) Annual Report.--The Administrator shall transmit an 
     annual report to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Science the status of the tsunami detection and warning 
     system, including accuracy, false alarms, equipment failures, 
     improvements over the previous year, and goals for further 
     improvement (or plans for curing failures) of the system, as 
     well as progress and accomplishments of the national tsunami 
     hazard mitigation program.
       (f) External Review.--The National Academy of Science shall 
     review the tsunami detection, forecast, and warning system 
     operated by the National Oceanic and Atmospheric 
     Administration under this Act to assess further modernization 
     and coverage needs, as well as long-term operational 
     reliability issues, taking into account measures implemented 
     under this Act, and transmit a report containing its 
     recommendations, including an estimate of the costs of 
     implementing those recommendations, to the Senate Committee 
     on Commerce, Science, and Transportation and the House of 
     Representatives Committee on Science within 24 months after 
     the date of enactment of this Act.

     SEC. 7. GLOBAL TSUNAMI WARNING AND MITIGATION NETWORK.

       (a) International Tsunami Warning System.--The 
     Administrator of the National Oceanic and Atmospheric 
     Administration, in coordination with other members of the 
     United States Interagency Committee of the National Tsunami 
     Mitigation Program, shall provide technical assistance and 
     advice to the Intergovernmental Oceanographic Commission of 
     UNESCO, the World Meteorological Organization, the Group on 
     Earth Observations, and other international entities, as part 
     of international efforts to develop a fully functional global 
     tsunami warning system comprised of regional tsunami warning 
     networks, modeled on the International Tsunami Warning System 
     of the Pacific, and consistent with the 10-year 
     implementation plan for the Global Earth Observation System 
     of Systems.
       (b) International Tsunami Information Center.--The 
     Administrator shall operate an International Tsunami 
     Information Center to improve tsunami preparedness for all 
     Pacific Ocean nations participating in the International 
     Tsunami Warning System of the Pacific, and which may also 
     provide such assistance to other nations participating in a 
     global tsunami warning system established through the 
     International Oceanographic Committee of UNESCO. As part of 
     its responsibilities in the Pacific, the Center shall--
       (1) monitor international tsunami warning activities in the 
     Pacific;
       (2) assist member states in establishing national warning 
     systems, and make information available on current 
     technologies for tsunami warning systems;
       (3) maintain a library of materials to promulgate knowledge 
     about tsunamis in general and for use by the scientific 
     community; and

[[Page 15313]]

       (4) disseminate information, including educational 
     materials and research reports.
       (c) Technical Assistance.--In carrying out this section, 
     the Administrator--
       (1) shall give priority to assisting nations in identifying 
     vulnerable coastal areas, creating inundation maps, obtaining 
     or designing real-time detection and reporting equipment, and 
     establishing communication and warning networks and contact 
     points in each vulnerable nation;
       (2) may establish a process for transfer of detection and 
     communication technology to affected nations for the purposes 
     of establishing the international tsunami warning system; and
       (3) shall provide technical and other assistance to support 
     international tsunami education, response, vulnerability, and 
     adaptation programs.
       (d) Data-sharing Requirement.--The Administrator may not 
     provide assistance under this section for any region unless 
     all affected nations in that region participating in the 
     tsunami warning network agree to share relevant data 
     associated with the development and operation of the network.
       (e) Funding Assistance.--The Administrator, in coordination 
     with the Secretary of State, shall seek funding assistance 
     from participating nations needed to ensure establishment of 
     a fully functional global tsunami warning system.
       (f) Receipt of International Reimbursement Authorized.--The 
     Administrator may accept payment to, or reimbursement of, the 
     National Oceanic and Atmospheric Administration in cash or in 
     kind from international organizations and foreign 
     authorities, or payment or reimbursement made on behalf of 
     such an authority, for expenses incurred by the Administrator 
     in carrying out any activity under this Act. Any such 
     payments or reimbursements shall be considered a 
     reimbursement to the appropriated funds of the 
     Administration.

     SEC. 8. COASTAL COMMUNITY VULNERABILITY AND ADAPTATION 
                   PROGRAM.

       (a) Establishment.--The Administrator of the National 
     Oceanic and Atmospheric Administration shall establish an 
     integrated coastal vulnerability and adaptation program 
     focused on improving the resilience of coastal communities to 
     natural hazards and disasters. The program shall be regional 
     in nature, build upon and integrate existing Federal and 
     State programs, and provide usable products that will improve 
     preparedness of communities, businesses, and government 
     entities. The program may include the following activities:
       (1) Development of multi-hazard vulnerability maps to 
     characterize and assess risks of coastal communities to a 
     range of natural hazards and provide a baseline for assessing 
     future risks.
       (2) Multi-disciplinary vulnerability assessment research 
     and education that will help integrate risk management with 
     community development planning and policies.
       (3) Risk management and leadership training for the public, 
     local officials, and institutions that will enhance 
     understanding and preparedness.
       (4) Risk assessment technology development, including 
     research and development of emerging technologies and 
     practical application of existing or emerging technologies, 
     such as modeling, remote sensing, geospatial technology, 
     engineering, and observing systems.
       (5) Risk management data and information services, 
     including access to data and products derived from observing 
     and detection systems, as well as development and maintenance 
     of new integrated data products that would support risk 
     assessment and risk management programs.
       (6) Risk notification systems that coordinate with and 
     build upon existing systems and actively engage policy 
     officials, government agencies, businesses, communities, non-
     governmental organizations, and the media.
       (b) Regional Pilot Projects.--
       (1) In general.--Within 1 year after the date of enactment 
     of this Act, the Administrator shall, in consultation with 
     the appropriate Federal, State, tribal, and local 
     governmental entities, establish 3 pilot projects to conduct 
     regional assessments of the vulnerability of coastal areas of 
     the United States to hazards associated with tsunami and 
     other natural hazards or coastal disasters. Priority shall be 
     given to collaborative partnership proposals from regionally-
     based multi-organizational coalitions. In preparing the 
     regional assessments, the Administrator shall collect and 
     compile current information on tsunami and other natural 
     hazards or coastal disasters.
       (2) Scope.--Regional assessments under the pilot program 
     shall include an evaluation of--
       (A) the social impacts associated with threats to and 
     potential losses of housing, communities, and infrastructure;
       (B) the physical impacts such as coastal erosion, flooding 
     and loss of estuarine habitat, saltwater intrusion of 
     aquifers and saltwater encroachment, and species migration;
       (C) the economic impact on local, State, tribal, and 
     regional economies, including the impact on coastal 
     infrastructure and the abundance or distribution of 
     economically important living marine resources; and
       (D) opportunities to enhance the resilience of at-risk 
     communities, economic sectors, and natural resources.
       (c) Selection Criteria.--The Administrator shall rely on 
     the following criteria in identifying appropriate regional 
     pilot projects:
       (1) Vulnerability to tsunami and other natural hazards or 
     coastal disasters.
       (2) Dependence on economic sectors and natural resources 
     that are particularly sensitive to coastal hazards.
       (3) Opportunities to link and leverage related regional 
     risk observation, research, forecasting, assessment, 
     educational and risk management programs.
       (4) Demonstration of strong, interagency collaboration in 
     the area of risk management for tsunami and other natural 
     hazards or coastal disasters.
       (5) Access to NOAA and other Federal agency programs, 
     facilities, and infrastructure related to tsunami and other 
     coastal hazards monitoring, warning, forecasting, research 
     assessment, and data management.
       (d) Regional Adaptation Plans.--The Administrator shall, 
     within 3 years after the commencement of each project under 
     subsection (b), submit to the Congress regional adaptation 
     plans--
       (1) based on the information contained in the regional 
     assessments conducted under subsection (b);
       (2) developed with the participation of other Federal 
     agencies, State, tribal, and local government agencies, and 
     non-governmental entities (including academia and the private 
     sector) that will be critical in the implementation of the 
     plan at the State, tribal, and local levels;
       (3) that recommend targets and strategies to address 
     impacts associated with tsunami and other natural hazards or 
     coastal disasters;
       (4) that include recommendations for both short- and long-
     term adaptation strategies; and
       (5) that include recommendations on--
       (A) Federal flood insurance program modifications;
       (B) areas that have been identified as high risk through 
     mapping and assessment;
       (C) enhancing the effectiveness of State coastal zone 
     management programs in mitigating or preventing coastal 
     risks;
       (D) mitigation incentives such as rolling easements, 
     strategic retreat, State or Federal acquisition in fee simple 
     or other interest in land, construction standards, and 
     zoning;
       (E) land and property owner education;
       (F) economic planning for small communities dependent upon 
     affected coastal resources, including fisheries; and
       (G) funding requirements and mechanisms.
       (e) Technical Planning and Financial Assistance.--The 
     Administrator, through the National Ocean Service, shall 
     establish a coordinated program--
       (1) to provide technical planning assistance and financial 
     assistance to coastal States, tribes, and local governments 
     as they develop and implement adaptation or mitigation 
     strategies and plans under this section; and
       (2) to make products, information, tools, and technical 
     expertise generated from the development of the regional 
     assessment and the regional adaptation plan available to 
     coastal States for the purposes of developing their own 
     State, tribal, and local plans.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the 
     Administrator of the National Oceanic and Atmospheric 
     Administration--
       (1) $35,000,000 for each of fiscal years 2006 through 2012 
     to carry out this Act (other than section 8); and
       (2) $5,000,000 for each of such fiscal years to carry out 
     section 8, of which at least $3,000,000 for each fiscal year 
     shall be used to carry out the pilot projects authorized by 
     section 8(b).
                                 ______
                                 
  SA 1102. Mr. McCONNELL (for Mr. Stevens (for himself and Mr. Inouye)) 
proposed an amendment to the bill S. 361, to develop and maintain an 
integrated system of ocean and coastal observations for the Nation's 
coasts, oceans and Great Lakes, improve warnings of tsunamis and other 
natural hazards, enhance homeland security, support maritime 
operations, and for other purposes; as follows:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) Ocean and coastal observations provide vital 
     information for protecting human lives and property from 
     marine hazards, predicting weather, improving ocean health 
     and providing for the protection and enjoyment of the 
     resources of the Nation's coasts, oceans, and Great Lakes.
       (2) The continuing and potentially devastating threat posed 
     by tsunamis, hurricanes, storm surges, and other marine 
     hazards requires immediate implementation of strengthened 
     observation and data management systems to provide timely 
     detection,

[[Page 15314]]

     assessment, and warnings to the millions of people living in 
     coastal regions of the United States and throughout the 
     world.
       (3) The 95,000-mile coastline of the United States, 
     including the Great Lakes, is vital to the Nation's 
     prosperity, contributing over $117 billion to the national 
     economy in 2000, supporting jobs for more than 200 million 
     Americans, and supporting commercial and sport fisheries 
     valued at more than $50 billion annually.
       (4) Responding to coastal hazards and managing fisheries 
     and other coastal activities require improved monitoring of 
     the Nation's waters and coastline, including the ability to 
     provide rapid response teams with real-time environmental 
     conditions necessary for their work.
       (5) While knowledge of the ocean and coastal environment 
     and processes is far from complete, advances in sensing 
     technologies and scientific understanding have made possible 
     long-term and continuous observation from shore, from space, 
     and in situ of ocean and coastal characteristics and 
     conditions.
       (6) Many elements of an ocean and coastal observing system 
     are in place, but require national investment, consolidation, 
     completion, and integration at Federal, regional, State, and 
     local levels.
       (7) The Commission on Ocean Policy recommends a national 
     commitment to a sustained and integrated ocean and coastal 
     observing system and to coordinated research programs in 
     order to assist the Nation and the world in understanding the 
     oceans, improving weather forecasts, strengthening management 
     of ocean and coastal resources, and mitigating marine 
     hazards.
       (8) In 2003, the United States led more than 50 nations in 
     affirming the vital importance of timely, quality, long-term 
     global observations as a basis for sound decision-making, 
     recognizing the contribution of observation systems to meet 
     national, regional, and global needs, and calling for 
     strengthened cooperation and coordination in establishing a 
     Global Earth Observation System of Systems, of which an 
     integrated ocean and coastal observing system is an essential 
     part.
       (b) Purposes.--The purposes of this Act are to provide 
     for--
       (1) the planning, development, and maintenance of an 
     integrated ocean and coastal observing system that provides 
     the data and information to sustain and restore healthy 
     marine and Great Lakes ecosystems and the resources they 
     support, enable advances in scientific understanding of the 
     oceans and the Great Lakes, and strengthen science education 
     and communication;
       (2) implementation of research, development, education, and 
     outreach programs to improve understanding of the oceans and 
     Great Lakes and achieve the full national benefits of an 
     integrated ocean and coastal observing system;
       (3) implementation of a data and information management 
     system required by all components of an integrated ocean and 
     coastal observing system and related research to develop 
     early warning systems and insure usefulness of data and 
     information for users; and
       (4) establishment of a system of regional ocean, coastal, 
     and Great Lakes observing systems to address local needs for 
     ocean information.

     SEC. 3. DEFINITIONS.

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

     SEC. 4. INTEGRATED OCEAN AND COASTAL OBSERVING SYSTEM.

       (a) Establishment.--The President, acting through the 
     Council, shall establish and maintain an integrated system of 
     ocean and coastal observations, data communication and 
     management, analysis, modeling, research, education, and 
     outreach designed to provide data and information for the 
     timely detection and prediction of changes occurring in the 
     ocean, coastal and Great Lakes environment that impact the 
     Nation's social, economic, and ecological systems. The 
     observing system shall provide for long-term, continuous and 
     quality-controlled observations of the coasts, oceans, and 
     Great Lakes for the following purposes:
       (1) Improving the health of the Nation's coasts, oceans, 
     and Great Lakes.
       (2) Protecting human lives and livelihoods from hazards 
     such as tsunamis, hurricanes, coastal erosion, and 
     fluctuating Great Lakes water levels.
       (3) Understanding the effects of human activities and 
     natural variability on the state of the coasts, oceans, and 
     Great Lakes and the Nation's socioeconomic well-being.
       (4) Providing for the sustainable use, protection, and 
     enjoyment of ocean, coastal, and Great Lakes resources.
       (5) Providing information that can support the eventual 
     implementation and refinement of ecosystem-based management.
       (6) Supplying critical information to marine-related 
     businesses such as aquaculture and fisheries.
       (7) Supporting research and development to ensure 
     continuous improvement to ocean, coastal, and Great Lakes 
     observation measurements and to enhance understanding of the 
     Nation's ocean, coastal, and Great Lakes resources.
       (b) System Elements.--In order to fulfill the purposes of 
     this Act, the observing system shall consist of the following 
     program elements:
       (1) A national program to fulfill national observation 
     priorities, including the Nation's ocean contribution to the 
     Global Earth Observation System of Systems and the Global 
     Ocean Observing System.
       (2) A network of regional associations to manage the 
     regional ocean and coastal observing and information programs 
     that collect, measure, and disseminate data and information 
     products to meet regional needs.
       (3) A data management and dissemination system for the 
     timely integration and dissemination of data and information 
     products from the national and regional systems.
       (4) A research and development program conducted under the 
     guidance of the Council.
       (5) An outreach, education, and training program that 
     augments existing programs, such as the National Sea Grant 
     College Program, the Centers for Ocean Sciences Education 
     Excellence program, and the National Estuarine Research 
     Reserve System, to ensure the use of the data and information 
     for improving public education and awareness of the Nation's 
     oceans and building the technical expertise required to 
     operate and improve the observing system.
       (c) Council Functions.--In carrying out responsibilities 
     under this section, the Council shall--
       (1) serve as the oversight body for the design and 
     implementation of all aspects of the observing system;
       (2) adopt plans, budgets, and standards that are developed 
     and maintained by the interagency program office in 
     consultation with the regional associations;
       (3) coordinate the observing system with other earth 
     observing activities including the Global Ocean Observing 
     System and the Global Earth Observing System of Systems;
       (4) coordinate and administer programs of research, 
     development, education, and outreach to support improvements 
     to and the operation of an integrated ocean and coastal 
     observing system and to advance the understanding of the 
     oceans;
       (5) establish pilot projects to develop technology and 
     methods for advancing the development of the observing 
     system;
       (6) provide, as appropriate, support for and representation 
     on United States delegations to international meetings on 
     ocean and coastal observing programs; and
       (7) in consultation with the Secretary of State, coordinate 
     relevant Federal activities with those of other nations.
       (d) Interagency Program Office.--The Council shall 
     establish an interagency program office to be known as 
     ``OceanUS''. The interagency program office shall be 
     responsible for program planning and coordination of the 
     observing system. The interagency program office shall--
       (1) prepare annual and long-term plans for consideration by 
     the Council for the design and implementation of the 
     observing system that promote collaboration among Federal 
     agencies and regional associations in developing the global 
     and national observing systems, including identification and 
     refinement of a core set of variables to be measured by all 
     systems;
       (2) coordinate the development of agency priorities and 
     budgets for implementation of the observing system, including 
     budgets for the regional associations;
       (3) establish and refine standards and protocols for data 
     management and communications, including quality standards, 
     in consultation with participating Federal agencies and 
     regional associations;
       (4) develop a process for the certification of the regional 
     associations and their periodic review and recertification;
       (5) establish an external technical committee to provide 
     biennial review of the observing system; and
       (6) provide for opportunities to partner or contract with 
     private sector companies in deploying ocean observation 
     system elements.
       (e) Lead Federal Agency.--The National Oceanic and 
     Atmospheric Administration shall be the lead Federal agency 
     for implementation and operation of the observing system. 
     Based on the plans prepared by the interagency program office 
     and adopted by the Council, the Administrator of the National 
     Oceanic and Atmospheric Administration shall--
       (1) coordinate implementation, operation and improvement of 
     the observing system;
       (2) establish efficient and effective administrative 
     procedures for allocation of funds among Federal agencies and 
     regional associations in a timely manner and according to the 
     budget adopted by the Council;
       (3) implement and maintain appropriate elements of the 
     observing system;
       (4) provide for the migration of scientific and 
     technological advances from research and development to 
     operational deployment;

[[Page 15315]]

       (5) integrate and extend existing programs and pilot 
     projects into the operational observation system;
       (6) certify regional associations that meet the 
     requirements of subsection (f); and
       (7) integrate the capabilities of the National Coastal Data 
     Development Center and the Coastal Services Center of the 
     National Oceanic and Atmospheric Administration, and other 
     appropriate centers, into the observing system for the 
     purpose of assimilating, managing, disseminating, and 
     archiving data from regional observation systems and other 
     observation systems.
       (f)  Regional Associations of Ocean and Coastal Observing 
     Systems.--The Administrator of the National Oceanic and 
     Atmospheric Administration may certify one or more regional 
     associations to be responsible for the development and 
     operation of regional ocean and coastal observing systems to 
     meet the information needs of user groups in the region while 
     adhering to national standards. To be certifiable by the 
     Administrator, a regional association shall--
       (1) demonstrate an organizational structure capable of 
     supporting and integrating all aspects of ocean and coastal 
     observing and information programs within a region;
       (2) operate under a strategic operations and business plan 
     that details the operation and support of regional ocean and 
     coastal observing systems pursuant to the standards 
     established by the Council;
       (3) provide information products for multiple users in the 
     region;
       (4) work with governmental entities and programs at all 
     levels within the region to provide timely warnings and 
     outreach to protect the public; and
       (5) meet certification standards developed by the 
     interagency program office in conjunction with the regional 
     associations and approved by the Council.

     Nothing in this Act authorizes a regional association to 
     engage in lobbying activities (as defined in section 3(7) of 
     the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(7)).
       (g) Civil Liability.--For purposes of section 1346(b)(1) 
     and chapter 171 of title 28, United States Code, the Suits in 
     Admiralty Act (46 U.S.C. App. 741 et seq.), and the Public 
     Vessels Act (46 U.S.C. App. 781 et seq.), any regional ocean 
     and coastal observing system that is a designated part of a 
     regional association certified under this section shall, in 
     carrying out the purposes of this Act, be deemed to be part 
     of the National Oceanic and Atmospheric Administration, and 
     any employee of such system, while acting within the scope of 
     his or her employment in carrying out such purposes, shall be 
     deemed to be an employee of the Government.

     SEC. 5. RESEARCH, DEVELOPMENT, AND EDUCATION.

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

     SEC. 6. INTERAGENCY FINANCING.

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

     SEC. 7. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT.

       Nothing in this Act supersedes, or limits the authority of 
     the Secretary of the Interior under the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1331 et seq.).

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the National 
     Oceanic and Atmospheric Administration for the implementation 
     of an integrated ocean and coastal observing system under 
     section 4, and the research and development program under 
     section 5, including financial assistance to the interagency 
     program office, the regional associations for the 
     implementation of regional ocean and coastal observing 
     systems, and the departments and agencies represented on the 
     Council, $150,000,000 for each of fiscal years 2006 through 
     2010. At least 50 percent of the sums appropriated for the 
     implementation of the integrated ocean and coastal observing 
     system under section 4 shall be allocated to the regional 
     associations certified under section 4(f) for implementation 
     of regional ocean and coastal observing systems. Sums 
     appropriated pursuant to this section shall remain available 
     until expended.

     SEC. 9. REPORTING REQUIREMENT.

       Not later than March 31, 2010, the President, acting 
     through the Council, shall transmit to Congress a report on 
     the programs established under sections 4 and 5. The report 
     shall include a description of activities carried out under 
     the programs, an evaluation of the effectiveness of the 
     programs, and recommendations concerning reauthorization of 
     the programs and funding levels for the programs in 
     succeeding fiscal years.
                                 ______
                                 
  SA 1103. Mr. McCONNELL (for Mr. Stevens (for himself and Mr. Inouye) 
proposed an amendment to the bill S. 361, to develop and maintain an 
integrated system of ocean and coastal observations for the Nation's 
coasts, oceans and Great Lakes, improve warnings of tsunamis and other 
natural hazards, enhance homeland security, support maritime 
operations, and for other purposes; as follows:

       Amend the title so as to read ``A bill to develop and 
     maintain an integrated system of ocean and coastal 
     observations for the Nation's coasts, oceans and Great Lakes, 
     improve warnings of tsunamis and other natural hazards, and 
     for other purposes.''.
                                 ______
                                 
  SA 1104. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:
       On page 69, line 12, after ``presence:'', insert the 
     following: ``Provided further, That of the amount made 
     available under this heading, an amount shall be available 
     for the Transportation Security Administration to develop a 
     plan to research, test, and implement multi compartment bins 
     to screen passenger belongings at security checkpoints: ''

     

                          ____________________