[Senate Report 116-168]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 318
116th Congress     }                                    {       Report
                                 SENATE
 1st Session       }                                    {      116-168
_______________________________________________________________________

                                     


        COORDINATED OCEAN OBSERVATIONS AND RESEARCH ACT OF 2019

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 914










              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]









                December 5, 2019.--Ordered to be printed  
                
                               __________

                      U.S. GOVERNMENT PUBLISHING OFFICE
                      
99-010                     WASHINGTON : 2019 
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred sixteenth congress
                             first session

                 ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota             MARIA CANTWELL, Washington
ROY BLUNT, Missouri                  AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas                  EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska                 TOM UDALL, New Mexico
CORY GARDNER, Colorado               GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee          TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia  TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah                       JON TESTER, Montana
RON JOHNSON, Wisconsin               KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana               JACKY ROSEN, Nevada
RICK SCOTT, Florida
                       John Keast, Staff Director
               David Strickland, Minority Staff Director


























                                                      Calendar No. 318
116th Congress     }                                    {       Report
                                 SENATE
 1st Session       }                                    {      116-168
======================================================================



 
        COORDINATED OCEAN OBSERVATIONS AND RESEARCH ACT OF 2019

                                _______
                                

                December 5, 2019.--Ordered to be printed

                                _______
                                

       Mr. Wicker, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 914]

      (Including Cost Estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 914) to reauthorize the 
Integrated Coastal and Ocean Observation System Act of 2009, to 
clarify the authority of the Administrator of the National 
Oceanic and Atmospheric Administration with respect to post-
storm assessments, and to require the establishment of a 
National Water Center, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                          Purpose of the Bill

    The purpose of S. 914 is to reauthorize the Integrated 
Coastal and Ocean Observation System (ICOOS) Act of 2009; amend 
the Omnibus Public Land Management Act of 2009 and update the 
Consumer Option for an Alternative System to Allocate Losses 
Act of 2012 (COASTAL Act of 2012) with technical edits so that 
National Oceanic and Atmospheric Administration (NOAA) can 
continue to develop an assessment model for determining the 
magnitude and variations of coastal storm surges and wind 
speeds associated with hurricanes; and require the 
establishment of a National Water Center within NOAA. It also 
would encourage the national Integrated Ocean Observing System 
(IOOS) to increase modeling capabilities and product 
development, ensure data are easily used and understood in 
order to address societal needs in real time, and continue to 
increase interagency and private sector partnerships.

                          Background and Needs


 REAUTHORIZATION OF THE INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM

    The ICOOS Act of 2009 consolidated and coordinated the 
efforts of hundreds of Federal, State, and local ocean 
observing programs.\1\ Prior to the implementation of the ICOOS 
Act of 2009, these programs collected, distributed, and 
archived the same types of ocean data (e.g., temperature and 
salinity) but with different formats and standards, which 
wasted time and resources. ICOOS is a coordinated network of 
people and technology that generates and disseminates 
continuous data, information, models, products, and services on 
coastal waters, the Great Lakes, and oceans in the U.S. 
Exclusive Economic Zone. The data consist of standardized and 
accessible information on key environmental variables such as 
temperature, salinity, sea level, surface currents, ocean 
color, pH, wind speed, wave height, dissolved oxygen, and 
nutrient, pathogen, and contaminant concentrations. NOAA and 
other agencies need real-time as well as long-term 
oceanographic databases to effectively monitor changes in the 
ocean, such as El Nino events, hypoxia, and harmful algal 
blooms.
---------------------------------------------------------------------------
    \1\33 U.S.C. 3601.
---------------------------------------------------------------------------
    Data from IOOS provide the Nation with better predictions 
of hazardous events and help improve forecasting. IOOS data 
standards and protocols also allow information to be easily 
integrated into weather models, increasing accuracy. Federal 
departments and agencies should continue to leverage the 
existing network of IOOS regions and fully engage with IOOS to 
improve data collection, models, forecasts, and access to 
information about the oceans, coasts, and Great Lakes.
    Each of the 11 regions of IOOS are certified by the Federal 
Government as regional information coordination entities, which 
means their data are held to the highest standards that NOAA 
requires for decision making.\2\ In addition to working as a 
cohesive unit nationally, each of the 11 regions tailors its 
work to address local needs. Among other missions, IOOS uses 
floats, gliders, and buoys deployed under IOOS to improve 
hurricane track, intensity, and impact forecasts in the 
Atlantic. IOOS data also are used to enhance the safety and 
efficiency of marine operations, including routing ships more 
cost-effectively through U.S. waterways.
---------------------------------------------------------------------------
    \2\IOOS, Certification: Extending the Reach of Regional Data 
(https://ioos.noaa.gov/about/governance-and-management/certification-
extending-reach-regional-data/) (accessed March 19, 2019).
---------------------------------------------------------------------------
    Furthermore, the U.S. Coast Guard uses high frequency radar 
data from IOOS to determine surface current speed and direction 
in near real time, improving the probability of saving lives 
and reducing search costs.\3\ IOOS data also are used to 
predict public health risks by monitoring water quality and 
harmful algal blooms, and are incorporated into ocean, marine, 
and coastal ecosystems research.\4\
---------------------------------------------------------------------------
    \3\IOOS, HF Radar (https://ioos.noaa.gov/project/hf-radar/) 
(accessed March 27, 2019).
    \4\IOOS, IOOS in Action (https://ioos.noaa.gov/ioos-in-action/) 
(accessed March 27, 2019).
---------------------------------------------------------------------------

               IMPLEMENTATION OF THE COASTAL ACT OF 2012

    The National Flood Insurance Program (NFIP) was first 
authorized by the National Flood Insurance Act of 1968\5\ and 
is currently administered by the Federal Emergency Management 
Agency (FEMA). The program serves to both offer primary flood 
insurance to properties with significant flood risk and to 
reduce flood risk through the adoption of floodplain management 
standards.\6\ Currently the NFIP is the primary source of flood 
insurance coverage for residential properties in the United 
States.\7\ As of January 2018, the NFIP had over 5 million 
flood insurance policies providing nearly $1.28 trillion in 
coverage, with approximately 23,000 participating communities 
nationwide (including territories and Tribal organizations).\8\ 
The program currently collects about $3.6 billion in annual 
premium revenue.
---------------------------------------------------------------------------
    \5\42 U.S.C. 4001 et seq.
    \6\Congressional Research Service, ``Introduction to the National 
Flood Insurance Program'' (http://www.crs.gov/reports/pdf/R44593) 
(updated January 14, 2019; accessed March 27, 2019).
    \7\Congressional Research Service, ``What Happens If the National 
Flood Insurance 
Program (NFIP) Lapses?'' (http://www.crs.gov/Reports/
IN10835?source=search&guid=
32dc3cb49a574eab920199dfaa0f88c6&index=1) (updated January 14, 2019; 
accessed March 27, 2019).
    \8\Ibid.
---------------------------------------------------------------------------
    After Hurricane Katrina struck the Gulf Coast in 2005, lack 
of clear property loss determinations in the NFIP program 
created a legal backlog and slowed assistance to hurricane-
impacted Americans. Following a hurricane, it can be difficult 
to assess whether damages were caused by wind or water, 
particularly when only a structure's foundation, or slab, is 
left. For these slab properties, there may not be enough 
physical evidence to determine whether the damages were caused 
by wind, and thus covered by private home insurers, or by 
water, and thus covered by the NFIP. These so-called 
indeterminate loss properties, where the cause of the 
destruction is not identifiable, created many legal disputes 
post-Katrina between private home insurance providers and their 
policyholders over the loss-allocation between flood as a cause 
of loss, covered by the NFIP, and wind peril, covered by 
private home insurance.\9\
---------------------------------------------------------------------------
    \9\Government Accountability Office, NOAA: Initial Response to 
Post-Storm Assessment Requirements (https://www.gao.gov/assets/660/
655843.pdf) (accessed March 27, 2019).
---------------------------------------------------------------------------
    The COASTAL Act of 2012\10\ was designed to mitigate future 
legal issues by requiring NOAA to produce detailed post-storm 
assessments in the aftermath of a damaging tropical cyclone 
that strikes the United States or its territories.\11\ The 
purpose of the COASTAL Act of 2012 is to reduce conflict over 
which party is responsible in indeterminate loss properties by 
better discerning wind versus water damage.\12\ Using output 
from a hindcast model, NOAA's assessments will indicate the 
strength and timing of damaging winds and water at a given 
location in the area impacted by the storm. This data is 
incorporated along with a variety of other contributing factors 
into FEMA's Named Storm Event Model to determine the 
appropriate loss allocation between wind and water.\13\
---------------------------------------------------------------------------
    \10\Pub. L. 112-141.
    \11\Department of Commerce, Report to Congress Status of the 
National Oceanic and 
Atmospheric Administration's Implementation of the Consumer Option for 
an Alternative 
System to Allocate Losses Act of 2012 (https://www.weather.gov/media/
sti/coastalact/COASTALActAppropriationsReportFY14.pdf) (accessed March 
27, 2019).
    \12\National Weather Service, COASTAL Act Overview (https://
www.weather.gov/sti/coastalact) (accessed March 27, 2019).
    \13\Ibid.
---------------------------------------------------------------------------
    After the COASTAL Act of 2012 was passed, NOAA began to 
implement the policy changes and inter-agency coordination 
required by the Act, but did not receive appropriated funding 
for the work until 2016. Since receiving dedicated funding, 
NOAA has been building the modeling and data collection 
components necessary to implement the post-storm assessments. 
Title III of this Act provides additional technical edits to 
the COASTAL Act of 2012 so that NOAA can successfully collect 
the required data to perform the post-storm assessments and 
provide it to FEMA for the loss-allocation. The Act also gives 
the NOAA Administrator the authority to deploy additional 
sensors before storms hit a coastal area that is likely to be 
severely damaged, in order to gather additional data for 
indeterminate property determinations by FEMA. Furthermore, it 
directs the NOAA Administrator to seek input and suggestions 
from the public before the Named Storm Event Model is 
implemented.

                    WATER PREDICTION AND FORECASTING

    The National Water Center (NWC) is located in Tuscaloosa, 
Alabama, and formally opened in 2015. It hosts the Office of 
Water Prediction (OWP), which collaboratively researches, 
develops, and delivers state-of-the-science national hydrologic 
analyses, forecast information, data, decision-support services 
and guidance to support and inform essential emergency services 
and water management decisions. In partnership with National 
Weather Service (NWS) national, regional, and local offices, 
the OWP coordinates, integrates, and supports consistent water 
prediction activities from global to local levels.\14\
---------------------------------------------------------------------------
    \14\Office of Water Prediction (https://water.noaa.gov/) (accessed 
3/28/2019).
---------------------------------------------------------------------------
    Central to the NWC's tools is the National Water Model 
(NWM). The NWM simulates and forecasts how water moves 
throughout the Nation's rivers and streams. The model generates 
hourly forecasts for the entire river network including high-
resolution forecasts of soil moisture, surface runoff, snow 
water equivalent, and other parameters. The NWM is a 
cornerstone of the new NOAA Water Initiative and the NWC, 
providing more closely integrated water predictive capabilities 
to promote resilience to water risks. Products like these, 
hosted at the NWC, help communities and industries make better 
informed decisions about water management and how to prepare 
for and respond to extreme water events.\15\
---------------------------------------------------------------------------
    \15\NOAA's Experimental Long Range River Flood Risk Assessment 
(https://www.nws.noaa.gov/oh/2019NHA.html) (accessed 3/28/2019).
---------------------------------------------------------------------------
    Decision support tools like these are incredibly important 
for protecting American lives and property. NOAA predicts that 
more than two-thirds of the United States is at risk of 
exceeding moderate river flood levels in the spring and summer 
period of 2019.\16\ The NWM is providing impact-based decision 
support services nationwide by providing street level water 
information and guidance (e.g., flood maps), as well as serving 
as the foundation for additional private sector water services. 
The NWM also improves NOAA's ability to meet the needs of its 
stakeholders (e.g., emergency managers, reservoir operators, 
floodplain managers, farmers, etc.) with more accurate, 
detailed, frequent and expanded water information.\17\
---------------------------------------------------------------------------
    \16\2019 National Hydrologic Assessment (https://www.nws.noaa.gov/
oh/2019NHA.html) (accessed 
3/28/2019).
    \17\2019 National Hydrologic Assessment (https://www.nws.noaa.gov/
oh/2019NHA.html) (accessed 3/28/2019).
---------------------------------------------------------------------------

                         Summary of Provisions

    Title I--Reauthorization of Integrated Coastal and Ocean 
Observation System Act of 2009 would do the following:
   Reauthorize the Integrated Coastal and Ocean 
        Observation System through fiscal year 2024.
   Add requirements for public data access.
   Require the advising committee to consider certain 
        planning priorities.
   Require reporting to Congress on existing gaps in 
        observation infrastructure, an economic vulnerability 
        report, a monitoring prioritization plan, and a 
        strategic research plan.
   Require a mechanism for stakeholder input on 
        monitoring.
    Title II--Named Storm Event Model and Post-Storm 
Assessments would do the following:
   Amend the Omnibus Public Land Management Act of 2009 
        to align the definitions in the Act so that they match 
        NOAA's definitions for specific technical terminology.
   Direct the NOAA Administrator to seek input and 
        suggestions from the public before the Named Storm 
        Event Model takes effect.
   Direct the NOAA Administrator to deploy additional 
        sensors to enhance data collection in coastal areas 
        that may be at high risk of experiencing indeterminate 
        losses.
   Direct the Administrator to conduct separate post-
        storm assessments for each coastal State in which 
        indeterminate losses are identified after a storm.
    Title III--Water Prediction and Forecasting would do the 
following:
   Establish the National Water Center, within the NWS 
        of NOAA, as the primary facility for hydrologic 
        decision support services.
   Direct the Under Secretary to make a policy 
        directive for the National Water Center publicly 
        available.
   Direct the Under Secretary to initiate and lead all 
        research and development activities, collaboration with 
        relevant State and Federal agencies, and all activities 
        necessary for developing water predictive capacity.

                          Legislative History

    S. 914, the Coordinated Ocean Observations and Research Act 
of 2019, was introduced on March 27, 2019, by Senator Wicker 
(for himself and Senator Cantwell) and was referred to the 
Committee on Commerce, Science, and Transportation of the 
Senate. Senator Sullivan is an additional cosponsor. On April 
3, 2019, the Committee met in open Executive Session and, by 
voice vote, ordered S. 914 reported favorably without 
amendment.
    A related bill, S. 810, the COASTAL Implementation Act of 
2019, was introduced on March 14, 2019, by Senator Wicker (for 
himself) and was referred to the Committee on Commerce, 
Science, and Transportation of the Senate.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    Bill summary: Title I of S. 914 would amend the Integrated 
Coastal and Ocean Observation System Act of 2009 to make 
changes to and authorize appropriations for the National 
Oceanic and Atmospheric Administration's (NOAA's) Integrated 
Ocean Observation System (IOOS). Title I also would require the 
National Science and Technology Council's Subcommittee on Ocean 
Science and Technology to study the economic effects of 
increasing ocean acidification.
    Title II of the bill would require changes to NOAA's Named 
Storm Event model, which identifies named storms that threaten 
the United States and assesses storm characteristics and 
damage.
    Title III of the bill would authorize appropriations for a 
National Water Center within NOAA to focus on analyzing current 
water resources and future water resource needs within the 
United States. The center would develop an advanced water 
resources model and report on the outlook for flooding and the 
nation's use of water resources.
    Estimated Federal cost: The estimated budgetary effect of 
S. 914 is shown in Table 1. The costs of the legislation fall 
within budget function 300 (natural resources and environment).

                 TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 914
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, millions of dollars--
                                                ----------------------------------------------------------------
                                                   2019     2020     2021     2022     2023     2024   2019-2024
----------------------------------------------------------------------------------------------------------------
Reauthorization of Integrated Coastal and Ocean
 Observation System Act:
    Authorization..............................        0       55       62       68       75       82        342
    Estimated Outlays..........................        0       33       49       63       71       78        294
Water Prediction and Forecasting:
    Authorization..............................        0       44       44       45       46       46        225
    Estimated Outlays..........................        0       26       36       43       45       46        196
    Total Changes:
        Authorization..........................        0       99      106      113      121      128        567
        Estimated Outlays......................        0       59       85      106      116      124        490
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
914 will be enacted during fiscal year 2019 and that the 
authorized amounts will be appropriated for each fiscal year 
beginning in 2020.
    S. 914 would authorize the appropriation of $567 million 
over the 2020-2024 period. Based on historical spending 
patterns and assuming appropriation of those amounts, CBO 
estimates that the bill would cost $490 million over the same 
period and $77 million after 2024.

Reauthorization of Integrated Coastal and Ocean Observation System Act

    Title I of S. 914 would authorize the appropriation of 
specific amounts each year that total about $342 million over 
the 2020-2024 period for NOAA to implement the IOOS. CBO 
estimates that implementing this section would cost $294 
million over the 2020-2024 period. In 2019, NOAA allocated $45 
million to operate the IOOS.

Water prediction and forecasting

    Title III of S. 914 would create a National Water Center 
within NOAA and would authorize the appropriation of specific 
amounts each year that total about $225 million over the 2020-
2024 period for NOAA to create and run the center. CBO 
estimates that implementing this section would cost about $196 
million over the 2020-2024 period.
    Pay-As-You-Go considerations: None.
    Increase in long-term deficits: None.
    Mandates: None.
    Estimate prepared by: Federal Costs: Robert Reese; 
Mandates: Zach Byrum.
    Estimate reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

    S. 914, as reported, would not create any new programs or 
impose any new regulatory requirements and, therefore, would 
not subject any individuals or businesses to new regulations.

                            ECONOMIC IMPACT

    S. 914, as reported, is not expected to have a negative 
impact on the Nation's economy.

                                PRIVACY

    The reported bill would have no impact on the personal 
privacy of individuals.

                               PAPERWORK

    S. 914, as reported, would not increase paperwork 
requirements for the private sector. It reduces the frequency 
of a report from NOAA from once every 2 years to once every 5 
years and adds a requirement to the report for an assessment on 
gaps in existing infrastructure. It adds a report from the 
Joint Subcommittee on Ocean Science and Technology (JSOST) of 
the National Science and Technology Council on ``Ocean 
Chemistry Coastal Community Vulnerability Assessment.'' The 
first report is required 2 years after enactment and then once 
every 6 years thereafter. One hundred and eighty (180) days 
after the submission of the initial report to Congress, the 
JSOST would be required to submit an additional report on new 
sensors or observing technologies that could be used to inform 
the assessment.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title; table of contents.

    This section would provide that the bill may be cited as 
the ``Coordinated Ocean Observations and Research Act.'' This 
section also would provide a table of contents for the bill.

 TITLE I--REAUTHORIZATION OF INTEGRATED COASTAL AND OCEAN OBSERVATION 
                           SYSTEM ACT OF 2009

Section 101. Purposes.

    This section would add modeling capabilities and product 
development to the IOOS system and require easy access to data 
while promoting data sharing between Federal and non-Federal 
sources and with the public. It also would include advanced 
observing technologies needed to address critical data gaps to 
the list of authorized activities, add a requirement to monitor 
and model ocean chemistry, and make technical fixes to the 
names of observing system components.

Section 102. Definitions.

    This section would define the term ``non-Federal assets'' 
as being managed through the Regional Coastal Observing Systems 
(RCOS), NOAA, or the Interagency Ocean Observation Committee 
(IOOC). It also would add Tribal interests to the list of 
coordinating interests and make technical fixes. This section 
also redefines ``regional information coordination entity'' as 
``regional coastal observing system.''

Section 103. Integrated Coastal and Ocean Observation System.

    This section would require IOOS to include a product 
development system to transform observations to readily used 
and understood products and make data available for research 
and for use in product development to meet societal needs. It 
would include an advanced observing technology development 
program, models to improve regional weather forecasting 
capabilities and products, and reviews of data collection 
procedures to meet national needs within the research 
development program. It would require IOOC to submit annual and 
long-term plans to the National Ocean Research Leadership 
Council (Council) at the same time as the President's budget. 
The section also would add a requirement that this report 
define protocols for collection, configuration standards, and 
formats for new and existing assets within the IOOS network.
    Additionally, this section would add contract requirements 
for RCOS to be established and require the periodic review of 
the system plan and submission of recommendations for 
improvements. A requirement to operate the IOOS program office 
within NOAA and to maintain the established competitive funding 
process and administrative procedures would be added. It would 
require periodic updates of the plan to integrate new 
technology into the system and require NOAA to work with users 
and RCOS to develop products for real time data sharing for 
weather forecasting, search and rescue, corrosive sea water, 
water quality, and harmful algal bloom forecasting.
    The section would allow employees of Federal agencies to be 
members of the RCOS governing body and would require the 
advisory committee to consider priorities in planning, 
including national surface current mapping, underwater vehicle 
fleet acquisition, integrative mapping for manned and unmanned 
vehicles, remote sensing and data assimilation, coastal 
sediment monitoring, and marine sound monitoring. It also would 
allow the Secretary of Commerce (Secretary) to stagger the 
terms of system advisory committee members and make technical 
fixes to the names of observing system components.

Section 104. Financing and agreements.

    This section would allow the Secretary to execute 
agreements on a reimbursable or non-reimbursable basis.

Section 105. Reports to Congress.

    This section would add a summary of existing gaps in 
observation infrastructure to an existing report to Congress, 
including national sea surface current mapping networks, 
coastal buoys, ocean chemistry monitoring, and marine sound 
monitoring.

Section 106. Public-private use policy.

    This section would require the Council to maintain a policy 
defining the decision-making process for involved parties. It 
also would require the Administrator of NOAA to ensure that 
NOAA adheres to the decision-making process.

Section 107. Repeal of independent cost estimate.

    This section would repeal outdated language that requires 
the IOOC and the National Science Foundation (NSF) to obtain an 
independent cost estimate for operations and maintenance of 
existing Federal assets within 1 year of the ICOOS Act of 2009. 
The independent cost estimate has been completed and submitted 
to Congress.

Section 108. Authorization of appropriations.

    This section would authorize appropriations through fiscal 
year 2024 at such sums as are necessary.

Section 109. Reports and research plans.

    This section would require the JSOST of the National 
Science and Technology Council to submit an economic 
vulnerability report and a monitoring prioritization plan to 
Congress.

Section 110. Strategic research plan.

    This section would require the strategic research plan to 
make recommendations for research to address key knowledge gaps 
identified in the economic vulnerability report.

Section 111. Stakeholder input on monitoring.

    This section would add a requirement for the JSOST to 
include an ongoing mechanism to allow industry, stakeholders, 
fishery management councils and commissions, non-Federal 
resource managers, and scientific experts to provide input on 
monitoring needs.

Section 112. Research activities.

    This section would include the impacts of multiple 
stressors among the list of research activities for which the 
Director of the NSF shall continue to support competitive 
research proposals.

      TITLE II--NAMED STORM EVENT MODEL AND POST-STORM ASSESSMENTS

Section 201. Named Storm Event Model and post-storm assessments.

    This section would amend the Omnibus Public Land Management 
Act of 2009 by changing some of the definitions so that they 
match the NOAA definitions for specific terminology and fix 
ambiguity over the identification of indeterminate losses in 
coastal States. This section also would direct the 
Administrator to seek public review before the Named Storm 
Event Model takes effect, deploy additional sensors as needed 
to collect data before large storms, and to conduct separate 
post-storm assessments for multiple coastal States impacted by 
a single storm, if necessary.

              TITLE III--WATER PREDICTION AND FORECASTING

Section 301. Water prediction and forecasting.

    This section would authorize the NWC, which would serve as 
the primary operational center for analyses, forecasting, and 
related decision support processing of water data. This section 
also would direct NOAA to make an operations and services 
policy directive for the Center available to the public. The 
directive would include staff responsibilities, guidelines for 
products developed by the Center, and procedures for 
coordination with other relevant agencies. Finally, this 
section would direct NOAA to lead all activities related to 
Total Water Prediction, including research and development of 
forecasting and decision support products, as well as the 
delivery of products to relevant Federal agencies.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

                  NATIONAL FLOOD INSURANCE ACT OF 1968


  [42 U.S.C. 4057; Pub. L. 90-448, title XIII, section 1337, as added 
 Pub. L. 112-141, div. F, title II, section 100253, July 6, 2012, 126 
                              Stat. 974.]

SEC. 1337. ALTERNATIVE LOSS ALLOCATION SYSTEM FOR INDETERMINATE CLAIMS.

  (a) Definitions.--In this section:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Federal Emergency Management 
        Agency.
          (2) COASTAL formula.--The term ``COASTAL Formula'' 
        means the formula established under subsection (b).
          (3) Coastal state.--The term ``coastal State'' has 
        the meaning given the term ``coastal state'' in section 
        304 of the Coastal Zone Management Act of 1972 (16 
        U.S.C. 1453)[.], except that the term shall not apply 
        with respect to a State or territory that has an 
        operational wind and flood loss allocation system.
          (4) Indeterminate loss.--
                  (A) In general.--The term ``indeterminate 
                loss'' means, as determined by an insurance 
                claims adjuster certified under the national 
                flood insurance program and in consultation 
                with an engineer as appropriate, a loss 
                resulting from physical damage to, or loss of, 
                property located in any coastal State arising 
                from the combined perils of flood and wind 
                associated with a named storm.
                  (B) Requirements.--An insurance claims 
                adjuster certified under the national flood 
                insurance program shall only determine that a 
                loss is an indeterminate loss if the claims 
                adjuster determines that--
                          (i) no material remnant of physical 
                        buildings or man-made structures remain 
                        except building foundations for the 
                        specific property for which the claim 
                        is made; and
                          (ii) there is insufficient or no 
                        tangible evidence created, yielded, or 
                        otherwise left behind of the specific 
                        property for which the claim is made as 
                        a result of the named storm.
          (5) Named storm.--The term ``named storm'' means any 
        organized weather system with a defined surface 
        circulation and maximum sustained winds of not less 
        than 39 miles per hour which the National Hurricane 
        Center of the United States National Weather Service 
        names as a tropical storm or a hurricane.
          (6) Post-storm assessment.--The term ``post-storm 
        assessment'' means the post-storm assessment developed 
        under section 12312(b) of the Omnibus Public Land 
        Management Act of 2009.
          (7) State.--The term ``State'' means a State of the 
        United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, and any other territory or 
        possession of the United States.
          (8) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.
          (9) Standard insurance policy.--The term ``standard 
        insurance policy'' means any insurance policy issued 
        under the national flood insurance program that covers 
        loss or damage to property resulting from water peril.
          (10) Property.--The term ``property'' means real or 
        personal property that is insured under a standard 
        insurance policy for loss or damage to structure or 
        contents.
          (11) Under secretary.--The term ``Under Secretary'' 
        means the Under Secretary of Commerce for Oceans and 
        Atmosphere, in the Under Secretary's capacity as 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
  (b) Establishment of Flood Loss Allocation Formula for 
Indeterminate Claims.--
          (1) In general.--Not later than 180 days after the 
        date on which the protocol is established under section 
        12312(c)(1) of the Omnibus Public Land Management Act 
        of 2009, the Secretary, acting through the 
        Administrator and in consultation with the Under 
        Secretary, shall [establish by rule] publish for 
        comment in the Federal Register a standard formula to 
        determine and allocate wind losses and flood losses for 
        claims involving indeterminate losses.
          (2) Contents.--The standard formula established under 
        paragraph (1) shall--
                  (A) incorporate data available from the 
                Coastal Wind and Water Event Database 
                established under section 12312(f) of the 
                Omnibus Public Land Management Act of 2009;
                  (B) use relevant data provided on the 
                National Flood Insurance Program Elevation 
                Certificate, or other data or information used 
                to determine a property's current risk of 
                flood, as determined by the Administrator, for 
                each indeterminate loss for which the formula 
                is used;
                  (C) consider any sufficient and credible 
                evidence, approved by the Administrator, of the 
                pre-event condition of a specific property, 
                including the findings of any policyholder or 
                insurance claims adjuster in connection with 
                the indeterminate loss to that specific 
                property;
                  (D) include other measures, as the 
                Administrator considers appropriate, required 
                to determine and allocate by mathematical 
                formula the property damage caused by flood or 
                storm surge associated with a named storm; and
                  (E) subject to paragraph (3), for each 
                indeterminate loss, use the post-storm 
                assessment to allocate water damage (flood or 
                storm surge) associated with a named storm.
          (3) Degree of accuracy required.--The standard 
        formula established under paragraph (1) shall specify 
        that the Administrator may only use the post-storm 
        assessment for purposes of the formula if the Under 
        Secretary certifies that the post-storm assessment has 
        a degree of accuracy of not less than 90 percent in 
        connection with the specific indeterminate loss for 
        which the assessment and formula are used.
  (c) Authorized Use of Post-storm Assessment and COASTAL 
Formula.--
          (1) In general.--Subject to paragraph (3), the 
        Administrator may use the post-storm assessment and the 
        COASTAL Formula to--
                  (A) review flood loss payments for 
                indeterminate losses, including as part of the 
                quality assurance reinspection program of the 
                Federal Emergency Management Agency for claims 
                under the national flood insurance program and 
                any other process approved by the Administrator 
                to review and validate payments under the 
                national flood insurance program for 
                indeterminate losses following a named storm; 
                and
                  (B) assist the national flood insurance 
                program to--
                          (i) properly cover qualified flood 
                        loss for claims for indeterminate 
                        losses; and
                          (ii) avoid paying for any loss or 
                        damage to property caused by any peril 
                        (including wind), other than flood or 
                        storm surge, that is not covered under 
                        a standard policy under the national 
                        flood insurance program.
          (2) Federal disaster declaration.--Subject to 
        paragraph (3), in order to expedite claims and reduce 
        costs to the national flood insurance program, 
        following any major disaster declared by the President 
        under section 401 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5170) 
        relating to a named storm in a coastal State, the 
        Administrator may use the COASTAL Formula to determine 
        and pay for any flood loss covered under a standard 
        insurance policy under the national flood insurance 
        program, if the loss is an indeterminate loss.
          (3) National academy of sciences evaluation.--
                  (A) Evaluation required.--
                          (i) Evaluation.--Upon [the issuance 
                        of the rule establishing the COASTAL 
                        Formula] publication of the COASTAL 
                        Formula in the Federal Register as 
                        required by subsection (b)(1), and each 
                        time the Administrator modifies the 
                        COASTAL Formula, the National Academy 
                        of Sciences shall--
                                  (I) evaluate the expected 
                                financial impact on the 
                                national flood insurance 
                                program of the use of the 
                                COASTAL Formula as so 
                                established or modified; and
                                  (II) evaluate the validity of 
                                the scientific assumptions upon 
                                which the formula is based and 
                                determine whether the COASTAL 
                                formula can achieve a degree of 
                                accuracy of not less than 90 
                                percent in allocating flood 
                                losses for indeterminate 
                                losses.
                          (ii) Report.--The National Academy of 
                        Sciences shall submit a report 
                        containing the results of each 
                        evaluation under clause (i) to the 
                        Administrator, the Committee on 
                        Banking, Housing, and Urban Affairs and 
                        the Committee on Commerce, Science, and 
                        Transportation of the Senate, and the 
                        Committee on Financial Services and the 
                        Committee on Science, Space, and 
                        Technology of the House of 
                        Representatives.
                  (B) Effective date and applicability.--
                          (i) Effective date.--Paragraphs (1) 
                        and (2) of this subsection shall not 
                        take effect unless the report under 
                        subparagraph (A) relating to the 
                        establishment of the COASTAL Formula 
                        concludes that the use of the COASTAL 
                        Formula for purposes of paragraph (1) 
                        and (2) would not have an adverse 
                        financial impact on the national flood 
                        insurance program and that the COASTAL 
                        Formula is based on valid scientific 
                        assumptions that would allow a degree 
                        of accuracy of not less than 90 percent 
                        to be achieved in allocating flood 
                        losses for indeterminate losses.
                          (ii) Effect of modifications.--Unless 
                        the report under subparagraph (A) 
                        relating to a modification of the 
                        COASTAL Formula concludes that the use 
                        of the COASTAL Formula, as so modified, 
                        for purposes of paragraphs (1) and (2) 
                        would not have an adverse financial 
                        impact on the national flood insurance 
                        program and that the COASTAL Formula is 
                        based on valid scientific assumptions 
                        that would allow a degree of accuracy 
                        of not less than 90 percent to be 
                        achieved in allocating flood losses for 
                        indeterminate losses the Administrator 
                        may not use the COASTAL Formula, as so 
                        modified, for purposes of paragraphs 
                        (1) and (2).
                  (C) Funding.--Notwithstanding section 1310 of 
                the National Flood Insurance Act of 1968 (42 
                U.S.C. 4017), there shall be available to the 
                Administrator from the National Flood Insurance 
                Fund, of amounts not otherwise obligated, not 
                more than $750,000 to carry out this paragraph.
  (d) Disclosure of COASTAL Formula.--Not later than 30 days 
after the date on which a post-storm assessment is submitted to 
the Secretary under section 12312(b)(2)(C) of the Omnibus 
Public Land Management Act of 2009, for each indeterminate loss 
for which the COASTAL Formula is used pursuant to subsection 
(c)(2), the Administrator shall disclose to the policyholder 
that makes a claim relating to the indeterminate loss--
          (1) that the Administrator used the COASTAL Formula 
        with respect to the indeterminate loss; and
          (2) a summary of the results of the use of the 
        COASTAL Formula.
  (e) Consultation.--In carrying out subsections (b) and (c), 
the Secretary shall consult with--
          (1) the Under Secretary for Oceans and Atmosphere;
          (2) the Director of the National Institute of 
        Standards and Technology;
          (3) the Chief of Engineers of the Corps of Engineers;
          (4) the Director of the United States Geological 
        Survey;
          (5) the Office of the Federal Coordinator for 
        Meteorology;
          (6) State insurance regulators of coastal States; and
          (7) such public, private, and academic sector 
        entities as the Secretary considers appropriate for 
        purposes of carrying out such subsections.
  (f) Recordkeeping.--Each consideration and measure the 
Administrator determines necessary to carry out subsection (b) 
may be required, with advanced approval of the Administrator, 
to be provided for on the National Flood Insurance Program 
Elevation Certificate, or maintained otherwise on record if 
approved by the Administrator, for any property that qualifies 
for the COASTAL Formula under subsection (c).
  (g) Civil Penalty.--
          (1) In general.--If an insurance claims adjuster 
        knowingly and willfully makes a false or inaccurate 
        determination relating to an indeterminate loss, the 
        Administrator may, after notice and opportunity for 
        hearing, impose on the insurance claims adjuster a 
        civil penalty of not more than $1,000.
          (2) Deposit.--Notwithstanding section 3302 of title 
        31, United States Code, or any other law relating to 
        the crediting of money, the Administrator shall deposit 
        in the National Flood Insurance Fund any amounts 
        received under this subsection, which shall remain 
        available until expended and be available to the 
        Administrator for purposes authorized for the National 
        Flood Insurance Fund without further appropriation.
  (h) Rule of Construction.--Nothing in this subsection shall 
be construed to require the Administrator to make any payment 
under the national flood insurance program, or an insurance 
company that issues a standard flood insurance policy under the 
national flood insurance program to make any payment, for an 
indeterminate loss based upon post-storm assessment [or the 
COASTAL Formula], the COASTAL Formula, or any other loss 
allocation or post-storm assessment arising under the laws or 
ordinances of any State.
  (i) Applicability.--Subsection (c) shall apply with respect 
to an indeterminate loss associated with a named storm that 
occurs [after the date on which the Administrator issues the 
rule establishing the COASTAL Formula under subsection (b)] 60 
days after publication of the COASTAL Formula in the Federal 
Register as required by subsection (b)(1).
  (j) Rule of Construction.--Nothing in this subsection shall 
be construed to negate, set aside, or void any policy limit, 
including any loss limitation, set forth in a standard 
insurance policy.
  (k) Rule of Construction.--Nothing in this section shall be 
construed to create a cause of action under this Act.

           *       *       *       *       *       *       *


               OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009


[Public Law 111-11; 123 Stat. 991]

           *       *       *       *       *       *       *


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Omnibus 
Public Land Management Act of 2009''.
  (b) Table of Contents.--The table of contents of this Actis 
as follows:
Sec. 1. Short title; table of contents.

     * * * * * * *

                             TITLE XII--OCEANS

     * * * * * * *

    Subtitle C--Integrated Coastal and Ocean Observation System Act of 
                                  2009

Sec. 12301. Short title.
Sec. 12302. Purposes.
Sec. 12303. Definitions.
Sec. 12304. Integrated coastal and ocean observing system.
Sec. 12305. Interagency financing and agreements.
Sec. 12306. Application with other laws.
Sec. 12307. Report to Congress.
Sec. 12308. Public-private use policy.
[Sec. 12309. Independent cost estimate.]
Sec. 12310. Intent of Congress.
Sec. 12311. Authorization of appropriations.

           *       *       *       *       *       *       *


TITLE XII--OCEANS

           *       *       *       *       *       *       *


SUBTITLE C--INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM ACT OF 2009

                        [33 U.S.C. 3601 et seq]

SEC. 12301. SHORT TITLE.

    This subtitle may be cited as the ``Integrated Coastal and 
Ocean Observation System Act of 2009''.

                            [33 U.S.C. 3601]

[SEC. 12302. PURPOSES.

    [The purposes of this subtitle are to--
          [(1) establish a national integrated System of ocean, 
        coastal, and Great Lakes observing systems, comprised 
        of Federal and non-Federal components coordinated at 
        the national level by the National Ocean Research 
        Leadership Council and at the regional level by a 
        network of regional information coordination entities, 
        and that includes in situ, remote, and other coastal 
        and ocean observation, technologies, and data 
        management and communication systems, and is designed 
        to address regional and national needs for ocean 
        information, to gather specific data on key coastal, 
        ocean, and Great Lakes variables, and to ensure timely 
        and sustained dissemination and availability of these 
        data to--
                  [(A) support national defense, marine 
                commerce, navigation safety, weather, climate, 
                and marine forecasting, energy siting and 
                production, economic development, ecosystem-
                based marine, coastal, and Great Lakes resource 
                management, public safety, and public outreach 
                training and education;
                  [(B) promote greater public awareness and 
                stewardship of the Nation's ocean, coastal, and 
                Great Lakes resources and the general public 
                welfare; and
                  [(C) enable advances in scientific 
                understanding to support the sustainable use, 
                conservation, management, and understanding of 
                healthy ocean, coastal, and Great Lakes 
                resources;
          [(2) improve the Nation's capability to measure, 
        track, explain, and predict events related directly and 
        indirectly to weather and climate change, natural 
        climate variability, and interactions between the 
        oceanic and atmospheric environments, including the 
        Great Lakes; and
          [(3) authorize activities to promote basic and 
        applied research to develop, test, and deploy 
        innovations and improvements in coastal and ocean 
        observation technologies, modeling systems, and other 
        scientific and technological capabilities to improve 
        our conceptual understanding of weather and climate, 
        ocean-atmosphere dynamics, global climate change, 
        physical, chemical, and biological dynamics of the 
        ocean, coastal and Great Lakes environments, and to 
        conserve healthy and restore degraded coastal 
        ecosystems.]

SEC. 12302. PURPOSES.

    The purposes of this subtitle are--
          (1) to establish and sustain a national integrated 
        System of ocean, coastal, and Great Lakes observing 
        systems, comprised of Federal and non-Federal 
        components coordinated at the national level by the 
        Council and at the regional level by a network of 
        regional coastal observing systems, and that includes 
        in situ, remote, and other coastal and ocean 
        observation and modeling capabilities, technologies, 
        data management systems, communication systems, and 
        product development systems, and is designed to address 
        regional and national needs for ocean and coastal 
        information, to gather specific data on key coastal, 
        ocean, and Great Lakes variables, and to ensure timely 
        and sustained dissemination and availability of these 
        data--
                  (A) to the public;
                  (B) to support national defense, search and 
                rescue operations, marine commerce, navigation 
                safety, weather, climate, and marine 
                forecasting, energy siting and production, 
                economic development, ecosystem-based marine, 
                coastal, and Great Lakes resource management, 
                public safety, and public outreach and 
                education;
                  (C) to promote greater public awareness and 
                stewardship of the Nation's ocean, coastal, and 
                Great Lakes resources and the general public 
                welfare;
                  (D) to provide easy access to ocean, coastal, 
                and Great Lakes data and promote data sharing 
                between Federal and non-Federal sources and 
                promote public data sharing;
                  (E) to enable advances in scientific 
                understanding to support the sustainable use, 
                conservation, management, and understanding of 
                healthy ocean, coastal, and Great Lakes 
                resources to ensure the Nation can respond to 
                opportunities to enhance food, economic, and 
                national security; and
                  (F) to monitor and model changes in the 
                oceans and Great Lakes, including with respect 
                to chemistry, harmful algal blooms, hypoxia, 
                water levels, and other phenomena;
          (2) to improve the Nation's capability to measure, 
        track, observe, understand, and predict events related 
        directly and indirectly to weather and climate, natural 
        climate variability, and interactions between the 
        oceanic and atmospheric environments, including the 
        Great Lakes;
          (3) to sustain, upgrade, and modernize the Nation's 
        ocean and Great Lakes observing infrastructure to 
        detect changes and ensure delivery of reliable and 
        timely information; and
          (4) to authorize activities--
                  (A) to promote basic and applied research to 
                develop, test, and deploy innovations and 
                improvements in coastal and ocean observation 
                technologies, including advanced observing 
                technologies such as unmanned maritime systems 
                needed to address critical data gaps, modeling 
                systems, other scientific and technological 
                capabilities to improve the understanding of 
                weather and climate, ocean-atmosphere dynamics, 
                global climate change, and the physical, 
                chemical, and biological dynamics of the ocean, 
                coastal and Great Lakes environments; and
                  (B) to conserve healthy and restore degraded 
                coastal ecosystems.

                            [33 U.S.C. 3602]

SEC. 12303. DEFINITIONS.

    In this subtitle:
          (1) Administrator.--The term ``Administrator'' means 
        the Under Secretary of Commerce for Oceans and 
        Atmosphere in the Under Secretary's capacity as 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
          (2) Council.--The term ``Council'' means the National 
        Ocean Research Leadership Council established by 
        [section 7902] section 8932 of title 10, United States 
        Code.
          (3) Federal assets.--The term ``Federal assets'' 
        means all relevant non-classified civilian coastal and 
        ocean observations, technologies, and related modeling, 
        research, data management, basic and applied technology 
        research and development, and public education and 
        outreach programs, that are managed by member agencies 
        of the Council.
          (4) Interagency ocean observation committee.--Theterm 
        ``Interagency Ocean Observation Committee'' means the 
        committee established under section 12304(c)(2).
          (5) Non-federal assets.--The term ``non-Federal 
        assets'' means all relevant coastal and ocean 
        observation technologies, related basic and applied 
        technology research and development, and public 
        education and outreach programs that are [integrated 
        into the System and are managed through States, 
        regional organizations, universities, nongovernmental 
        organizations, or the private sector] managed through 
        States, regional organizations, universities, 
        nongovernmental organizations, or the private sector 
        and integrated into the System by a regional coastal 
        ocean observing system, the National Oceanic and 
        Atmospheric Administration, or the agencies 
        participating in the Interagency Ocean Observation 
        Committee.
          [(6) Regional information coordination entities.--
                  [(A) In general.--The term ``regional 
                information coordination entity'' means an 
                organizational body that is certified or 
                established by contract or memorandum by the 
                lead Federal agency designated in section 
                12304(c)(3) of this subtitle and coordinates 
                State, Federal, local, and private interests at 
                a regional level with the responsibility of 
                engaging the private and public sectors in 
                designing, operating, and improving regional 
                coastal and ocean observing systems in order to 
                ensure the provision of data and information 
                that meet the needs of user groups from the 
                respective regions.
                  [(B) Certain included associations.--The term 
                ``regional information coordination entity'' 
                includes regional associations described in the 
                System Plan.]
          (6) Regional coastal observing system.--The term 
        ``regional coastal observing system'' means an 
        organizational body that is certified or established by 
        contract or memorandum by the lead Federal agency 
        designated in section 12304(c)(3) and coordinates 
        State, Federal, local, tribal, and private interests at 
        a regional level with the responsibility of engaging 
        the private and public sectors in designing, operating, 
        and improving regional coastal and ocean observing 
        systems in order to ensure the provision of data and 
        information that meet the needs of user groups from the 
        respective regions.
          (7) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce, acting through the [National 
        Oceanic and Atmospheric Administration] Administrator.
          (8) System.--The term ``System'' means the National 
        Integrated Coastal and Ocean Observation System 
        established under section 12304.
          (9) System plan.--The term ``System Plan'' means the 
        plan contained in the document entitled ``Ocean. US 
        Publication No. 9, The First Integrated Ocean Observing 
        System (IOOS) Development Plan'', as updated by the 
        Council under this subtitle.

                          [33 U.S.C. 3603(b)]

SEC. 12304. INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM.

  (a) Establishment.--The President, acting through the 
Council, shall establish a National Integrated Coastal and 
Ocean Observation System to fulfill the purposes set forth in 
section 12302 of this subtitle and the System Plan and to 
fulfill the Nation's international obligations to contribute to 
the Global Earth Observation System of Systems and the Global 
Ocean Observing System.
  (b) System Elements.--
          [(1) In general.--In order to fulfill the purposes of 
        this subtitle, the System shall be national in scope 
        and consist of--
                  [(A) Federal assets to fulfill national and 
                international observation missions and 
                priorities;
                  [(B) non-Federal assets, including a network 
                of regional information coordination entities 
                identified under subsection (c)(4), to fulfill 
                regional observation missions and priorities;
                  [(C) data management, communication, and 
                modeling systems for the timely integration and 
                dissemination of data and information products 
                from the System;
                  [(D) a research and development program 
                conducted under the guidance of the Council, 
                consisting of--
                          [(i) basic and applied research and 
                        technology development to improve 
                        understanding of coastal and ocean 
                        systems and their relationships to 
                        human activities and to ensure 
                        improvement of operational assets and 
                        products, including related 
                        infrastructure, observing technologies, 
                        and information and data processing and 
                        management technologies; and
                          [(ii) large scale computing resources 
                        and research to advance modeling of 
                        coastal and ocean processes.]
          (1) In general.--In order to fulfill the purposes of 
        this subtitle, the System shall be national in scope 
        and consist of--
                  (A) Federal assets to fulfill national and 
                international observation missions and 
                priorities;
                  (B) non-Federal assets, including a network 
                of regional coastal observing systems 
                identified under subsection (c)(4), to fulfill 
                regional and national observation missions and 
                priorities;
                  (C) observing, modeling, data management, and 
                communication systems for the timely 
                integration and dissemination of data and 
                information products from the System, including 
                reviews of data collection procedures across 
                regions and programs to make recommendations 
                for data collection standards across the System 
                to meet national ocean, coastal, and Great 
                Lakes observation, applied research, and 
                weather forecasting needs;
                  (D) a product development system to transform 
                observations into products in a format that may 
                be readily used and understood; and
                  (E) a research and development program 
                conducted under the guidance of the Council, 
                consisting of--
                          (i) basic and applied research and 
                        technology development--
                                  (I) to improve understanding 
                                of coastal and ocean systems 
                                and their relationships to 
                                human activities; and
                                  (II) to ensure improvement of 
                                operational assets and 
                                products, including related 
                                infrastructure, observing 
                                technologies such as unmanned 
                                maritime systems, and 
                                information and data processing 
                                and management technologies;
                          (ii) an advanced observing technology 
                        development program to fill gaps in 
                        technology;
                          (iii) large scale computing resources 
                        and research to advance modeling of 
                        coastal, ocean, and Great Lakes 
                        processes;
                          (iv) models to improve regional 
                        weather forecasting capabilities and 
                        regional weather forecasting products; 
                        and
                          (v) reviews of data collection 
                        procedures across regions and programs 
                        to make recommendations for data 
                        collection standards across the System 
                        to meet national ocean, coastal, and 
                        Great Lakes observation, applied 
                        research, and weather forecasting 
                        needs.
          (2) Enhancing administration and management.--The 
        head of each Federal agency that has administrative 
        jurisdiction over a Federal asset shall support the 
        purposes of this subtitle and may take appropriate 
        actions to enhance internal agency administration and 
        management to better support, integrate, finance, and 
        utilize observation data, products, and services 
        developed under this section to further its own agency 
        mission and responsibilities.

                         [33 U.S.C. 3603(b)(3)]

          (3) Availability of data.--The head of each Federal 
        agency that has administrative jurisdiction over a 
        Federal asset shall make available data that are 
        produced by that asset and that are not otherwise 
        restricted for integration, management, and 
        dissemination by the System for research and for use in 
        the development of products to address societal needs.
          (4) Non-federal assets.--Non-Federal assets shall be 
        coordinated, as appropriate, by the Interagency Ocean 
        Observing Committee or by [regional information 
        coordination entities] regional ocean observing 
        systems.

                          [33 U.S.C. 3603(c)]

  (c) Policy Oversight, Administration, and Regional 
Coordination.--
          (1) Council functions.--The Council shall serve as 
        the policy and coordination oversight body for all 
        aspects of the System. In carrying out its 
        responsibilities under this subtitle, the Council 
        shall--
                  (A) approve and adopt comprehensive System 
                budgets developed and maintained by the 
                Interagency Ocean Observation Committee to 
                support System operations, including operations 
                of both Federal and non-Federal assets;
                  (B) ensure coordination of the System with 
                other domestic and international earth 
                observing activities including the Global Ocean 
                Observing System and the Global Earth Observing 
                System of Systems, and provide, as appropriate, 
                support for and representation on United States 
                delegations to international meetings on 
                coastal and ocean observing programs; and
                  (C) encourage coordinated intramural and 
                extramural research and technology development, 
                and a process to transition developing 
                technology and methods into operations of the 
                System.
          [(2) Interagency ocean observation committee.--The 
        Council shall establish or designate an Interagency 
        Ocean Observation Committee which shall--
                  [(A) prepare annual and long-term plans for 
                consideration and approval by the Council for 
                the integrated design, operation, maintenance, 
                enhancement and expansion of the System to meet 
                the objectives of this subtitle and the System 
                Plan;
                  [(B) develop and transmit to Congress at the 
                time of submission of the President's annual 
                budget request an annual coordinated, 
                comprehensive budget to operate all elements of 
                the System identified in subsection (b), and to 
                ensure continuity of data streams from Federal 
                and non-Federal assets;
                  [(C) establish required observation data 
                variables to be gathered by both Federal and 
                non-Federal assets and identify, in 
                consultation with regional information 
                coordination entities, priorities for System 
                observations;
                  [(D) establish protocols and standards for 
                System data processing, management, and 
                communication;
                  [(E) develop contract certification standards 
                and compliance procedures for all non-Federal 
                assets, including regional information 
                coordination entities, to establish eligibility 
                for integration into the System and to ensure 
                compliance with all applicable standards and 
                protocols established by the Council, and 
                ensure that regional observations are 
                integrated into the System on a sustained 
                basis;
                  [(F) identify gaps in observation coverage or 
                needs for capital improvements of both Federal 
                assets and non-Federal assets;
                  [(G) subject to the availability of 
                appropriations, establish through one or more 
                participating Federal agencies, in consultation 
                with the System advisory committee established 
                under subsection (d), a competitive matching 
                grant or other programs--
                          [(i) to promote intramural and 
                        extramural research and development of 
                        new, innovative, and emerging 
                        observation technologies including 
                        testing and field trials; and
                          [(ii) to facilitate the migration of 
                        new, innovative, and emerging 
                        scientific and technological advances 
                        from research and development to 
                        operational deployment;
                  [(H) periodically review and recommend to the 
                Council, in consultation with the 
                Administrator, revisions to the System Plan;
                  [(I) ensure collaboration among Federal 
                agencies participating in the activities of the 
                Committee; and
                  [(J) perform such additional duties as the 
                Council may delegate.
          [(3) Lead federal agency.--The National Oceanic and 
        Atmospheric Administration shall function as the lead 
        Federal agency for the implementation and 
        administration of the System, in consultation with the 
        Council, the Interagency Ocean Observation Committee, 
        other Federal agencies that maintain portions of the 
        System, and the regional information coordination 
        entities, and shall--
                  [(A) establish an Integrated Ocean Observing 
                Program Office within the National Oceanic and 
                Atmospheric Administration utilizing to the 
                extent necessary, personnel from member 
                agencies participating on the Interagency Ocean 
                Observation Committee, to oversee daily 
                operations and coordination of the System;
                  [(B) implement policies, protocols, and 
                standards approved by the Council and delegated 
                by the Interagency Ocean Observing Committee;
                  [(C) promulgate program guidelines to certify 
                and integrate non-Federal assets, including 
                regional information coordination entities, 
                into the System to provide regional coastal and 
                ocean observation data that meet the needs of 
                user groups from the respective regions;
                  [(D) have the authority to enter into and 
                oversee contracts, leases, grants or 
                cooperative agreements with non-Federal assets, 
                including regional information coordination 
                entities, to support the purposes of this 
                subtitle on such terms as the Administrator 
                deems appropriate;
                  [(E) implement a merit-based, competitive 
                funding process to support non-Federal assets, 
                including the development and maintenance of a 
                network of regional information coordination 
                entities, and develop and implement a process 
                for the periodic review and evaluation of all 
                non-Federal assets, including regional 
                information coordination entities;
                  [(F) provide opportunities for competitive 
                contracts and grants for demonstration projects 
                to design, develop, integrate, deploy, and 
                support components of the System;
                  [(G) establish efficient and effective 
                administrative procedures for allocation of 
                funds among contractors, grantees, and non-
                Federal assets, including regional information 
                coordination entities in a timely manner, and 
                contingent on appropriations according to the 
                budget adopted by the Council;
                  [(H) develop and implement a process for the 
                periodic review and evaluation of regional 
                information coordination entities;
                  [(I) formulate an annual process by which 
                gaps in observation coverage or needs for 
                capital improvements of Federal assets and non-
                Federal assets of the System are identified by 
                the regional information coordination entities, 
                the Administrator, or other members of the 
                System and transmitted to the Interagency Ocean 
                Observing Committee;
                  [(J) develop and be responsible for a data 
                management and communication system, in 
                accordance with standards and protocols 
                established by the Council, by which all data 
                collected by the System regarding ocean and 
                coastal waters of the United States including 
                the Great Lakes, are processed, stored, 
                integrated, and made available to all end-user 
                communities;
                  [(K) implement a program of public education 
                and outreach to improve public awareness of 
                global climate change and effects on the ocean, 
                coastal, and Great Lakes environment;
                  [(L) report annually to the Interagency Ocean 
                Observing Committee on the accomplishments, 
                operational needs, and performance of the 
                System to contribute to the annual and long-
                term plans developed pursuant to subsection 
                (c)(2)(A)(i); and
                  [(M) develop a plan to efficiently integrate 
                into the System new, innovative, or emerging 
                technologies that have been demonstrated to be 
                useful to the System and which will fulfill the 
                purposes of this subtitle and the System Plan.
          [(4) Regional information coordination entities.--
                  [(A) In general.--To be certified or 
                established under this subtitle, a regional 
                information coordination entity shall be 
                certified or established by contract or 
                agreement by the Administrator, and shall agree 
                to meet the certification standards and 
                compliance procedure guidelines issued by the 
                Administrator and information needs of user 
                groups in the region while adhering to national 
                standards and shall--
                          [(i) demonstrate an organizational 
                        structure capable of gathering required 
                        System observation data, supporting and 
                        integrating all aspects of coastal and 
                        ocean observing and information 
                        programs within a region and that 
                        reflects the needs of State and local 
                        governments, commercial interests, and 
                        other users and beneficiaries of the 
                        System and other requirements specified 
                        under this subtitle and the System 
                        Plan;
                          [(ii) identify gaps in observation 
                        coverage needs for capital improvements 
                        of Federal assets and non-Federal 
                        assets of the System, or other 
                        recommendations to assist in the 
                        development of the annual and long-term 
                        plans created pursuant to subsection 
                        (c)(2)(A)(i) and transmit such 
                        information to the Interagency Ocean 
                        Observing Committee via the Program 
                        Office;
                          [(iii) develop and operate under a 
                        strategic operational plan that will 
                        ensure the efficient and effective 
                        administration of programs and assets 
                        to support daily data observations for 
                        integration into the System, pursuant 
                        to the standards approved by the 
                        Council;
                          [(iv) work cooperatively with 
                        governmental and non-governmental 
                        entities at all levels to identify and 
                        provide information products of the 
                        System for multiple users within the 
                        service area of the regional 
                        information coordination entities; and
                          [(v) comply with all financial 
                        oversight requirements established by 
                        the Administrator, including 
                        requirements relating to audits.
                  [(B) Participation.--For the purposes of this 
                subtitle, employees of Federal agencies may 
                participate in the functions of the regional 
                information coordination entities.]
          (2) Interagency ocean observation committee.--
                  (A) Establishment.--The Council shall 
                establish or designate a committee, which shall 
                be known as the Interagency Ocean Observation 
                Committee.
                  (B) Duties.--The Interagency Ocean 
                Observation Committee shall--
                          (i) prepare annual and long-term 
                        plans for consideration and approval by 
                        the Council for the integrated design, 
                        operation, maintenance, enhancement, 
                        and expansion of the System to meet the 
                        objectives of this subtitle and the 
                        System Plan;
                          (ii) develop and transmit to 
                        Congress, along with the budget 
                        submitted by the President to Congress 
                        pursuant to section 1105(a) of title 
                        31, United States Code, an annual 
                        coordinated, comprehensive budget--
                                  (I) to operate all elements 
                                of the System identified in 
                                subsection (b); and
                                  (II) to ensure continuity of 
                                data streams from Federal and 
                                non-Federal assets;
                          (iii) establish requirements for 
                        observation data variables to be 
                        gathered by both Federal and non-
                        Federal assets and identify, in 
                        consultation with regional coastal 
                        observing systems, priorities for 
                        System observations;
                          (iv) establish and define protocols 
                        and standards for System data 
                        processing, management, collection, 
                        configuration standards, formats, and 
                        communication for new and existing 
                        assets throughout the System network;
                          (v) develop contract requirements for 
                        each regional coastal observing 
                        system--
                                  (I) to establish eligibility 
                                for integration into the 
                                System;
                                  (II) to ensure compliance 
                                with all applicable standards 
                                and protocols established by 
                                the Council; and
                                  (III) to ensure that regional 
                                observations are integrated 
                                into the System on a sustained 
                                basis;
                          (vi) identify gaps in observation 
                        coverage or needs for capital 
                        improvements of both Federal assets and 
                        non-Federal assets;
                          (vii) subject to the availability of 
                        appropriations, establish through 1 or 
                        more Federal agencies participating in 
                        the Interagency Ocean Observation 
                        Committee, in consultation with the 
                        System advisory committee established 
                        under subsection (d), a competitive 
                        matching grant or other programs--
                                  (I) to promote intramural and 
                                extramural research and 
                                development of new, innovative, 
                                and emerging observation 
                                technologies including testing 
                                and field trials; and
                                  (II) to facilitate the 
                                migration of new, innovative, 
                                and emerging scientific and 
                                technological advances from 
                                research and development to 
                                operational deployment;
                          (viii) periodically--
                                  (I) review the System Plan; 
                                and
                                  (II) submit to the Council 
                                such recommendations as the 
                                Interagency Ocean Observation 
                                Committee may have for 
                                improvements to the System 
                                Plan;
                          (ix) ensure collaboration among 
                        Federal agencies participating in the 
                        Interagency Ocean Observation 
                        Committee; and
                          (x) perform such additional duties as 
                        the Council may delegate.
          (3) Lead federal agency.--
                  (A) In general.--The National Oceanic and 
                Atmospheric Administration shall function as 
                the lead Federal agency for the implementation 
                and administration of the System.
                  (B) Consultation required.--In carrying out 
                this paragraph, the Administrator shall consult 
                with the Council, the Interagency Ocean 
                Observation Committee, other Federal agencies 
                that maintain portions of the System, and the 
                regional coastal observing systems.
                  (C) Requirements.--In carrying out this 
                paragraph, the Administrator shall--
                          (i) establish and operate an 
                        Integrated Ocean Observing System 
                        Program Office within the National 
                        Oceanic and Atmospheric Administration 
                        that--
                                  (I) utilizes, to the extent 
                                necessary, personnel from 
                                Federal agencies participating 
                                in the Interagency Ocean 
                                Observation Committee; and
                                  (II) oversees daily 
                                operations and coordination of 
                                the System;
                          (ii) implement policies, protocols, 
                        and standards approved by the Council 
                        and delegated by the Interagency Ocean 
                        Observation Committee;
                          (iii) promulgate program guidelines--
                                  (I) to certify and integrate 
                                regional associations into the 
                                System; and
                                  (II) to provide regional 
                                coastal and ocean observation 
                                data that meet the needs of 
                                user groups from the respective 
                                regions;
                          (iv) have the authority to enter into 
                        and oversee contracts, leases, grants, 
                        or cooperative agreements with non-
                        Federal assets, including regional 
                        coastal observing systems, to support 
                        the purposes of this subtitle on such 
                        terms as the Administrator deems 
                        appropriate;
                          (v) implement and maintain a merit-
                        based, competitive funding process to 
                        support non-Federal assets, including 
                        the development and maintenance of a 
                        national network of regional coastal 
                        observing systems, and develop and 
                        implement a process for the periodic 
                        review and evaluation of the regional 
                        associations;
                          (vi) provide opportunities for 
                        competitive contracts and grants for 
                        demonstration projects to design, 
                        develop, integrate, deploy, maintain, 
                        and support components of the System;
                          (vii) establish and maintain 
                        efficient and effective administrative 
                        procedures for the timely allocation of 
                        funds among contractors, grantees, and 
                        non-Federal assets, including regional 
                        coastal observing systems;
                          (viii) develop and implement a 
                        process for the periodic review and 
                        evaluation of the regional coastal 
                        observing systems;
                          (ix) formulate an annual process by 
                        which gaps in observation coverage or 
                        needs for capital improvements of 
                        Federal assets and non-Federal assets 
                        of the System are--
                                  (I) identified by the 
                                regional associations described 
                                in the System plan, the 
                                Administrator, or other members 
                                of the System; and
                                  (II) submitted to the 
                                Interagency Ocean Observation 
                                Committee;
                          (x) develop and be responsible for a 
                        data management and communication 
                        system, in accordance with standards 
                        and protocols established by the 
                        Interagency Ocean Observation 
                        Committee, by which all data collected 
                        by the System regarding ocean and 
                        coastal waters of the United States 
                        including the Great Lakes, are 
                        processed, stored, integrated, and made 
                        available to all end-user communities;
                          (xi) not less frequently than once 
                        each year, submit to the Interagency 
                        Ocean Observation Committee a report on 
                        the accomplishments, operational needs, 
                        and performance of the System to 
                        contribute to the annual and long-term 
                        plans prepared pursuant to paragraph 
                        (2)(B)(i);
                          (xii) develop and periodically update 
                        a plan to efficiently integrate into 
                        the System new, innovative, or emerging 
                        technologies that have been 
                        demonstrated to be useful to the System 
                        and which will fulfill the purposes of 
                        this subtitle and the System Plan; and
                          (xiii) work with users and regional 
                        associations to develop products to 
                        enable real-time data sharing for 
                        decision makers, including with respect 
                        to weather forecasting and modeling, 
                        search and rescue operations, corrosive 
                        seawater forecasts, water quality 
                        monitoring and communication, and 
                        harmful algal bloom forecasting.
          (4) Regional coastal observing systems.--
                  (A) In general.--A regional coastal observing 
                system described in the System Plan as a 
                regional association may not be certified or 
                established under this subtitle unless it--
                          (i) has been or shall be certified or 
                        established by contract or agreement by 
                        the Administrator;
                          (ii) meets--
                                  (I) the certification 
                                standards and compliance 
                                procedure guidelines issued by 
                                the Administrator; and
                                  (II) the information needs of 
                                user groups in the region while 
                                adhering to national standards;
                          (iii) demonstrates an organizational 
                        structure, that under funding 
                        limitations is capable of--
                                  (I) gathering required System 
                                observation data;
                                  (II) supporting and 
                                integrating all aspects of 
                                coastal and ocean observing and 
                                information programs within a 
                                region; and
                                  (III) reflecting the needs of 
                                State, local, and tribal 
                                governments, commercial 
                                interests, and other users and 
                                beneficiaries of the System and 
                                other requirements specified 
                                under this subtitle and the 
                                System Plan;
                          (iv) identifies--
                                  (I) gaps in observation 
                                coverage needs for capital 
                                improvements of Federal assets 
                                and non-Federal assets of the 
                                System; and
                                  (II) other recommendations to 
                                assist in the development of 
                                the annual and long-term plans 
                                prepared pursuant to paragraph 
                                (2)(B)(i) and transmits such 
                                information to the Interagency 
                                Ocean Observation Committee 
                                through the Program Office 
                                established under paragraph 
                                (3)(C)(i);
                          (v) develops and operates under a 
                        strategic plan that will ensure the 
                        efficient and effective administration 
                        of programs and assets to support daily 
                        data observations for integration into 
                        the System, pursuant to the standards 
                        approved by the Council;
                          (vi) works cooperatively with 
                        governmental and nongovernmental 
                        entities at all levels to identify and 
                        provide information products of the 
                        System for multiple users within the 
                        service area of the regional coastal 
                        observing system; and
                          (vii) complies with all financial 
                        oversight requirements established by 
                        the Administrator, including 
                        requirements relating to audits.
                  (B) Participation.--For the purposes of this 
                subtitle, employees of Federal agencies are 
                permitted to be members of the governing body 
                for the regional coastal observing systems and 
                may participate in the functions of the 
                regional coastal ocean observing systems.

                          [33 U.S.C. 3603(d)]

  (d) System Advisory Committee.--
          (1) In general.--The Administrator shall establish or 
        designate a System advisory committee, which shall 
        provide advice as may be requested by the Administrator 
        [or the Interagency Ocean Observing Committee.] or the 
        Council under this subtitle.
          (2) Purpose.--The purpose of the System advisory 
        committee is to advise the Administrator and the 
        Interagency Ocean Observing Committee on--
                  (A) administration, operation, management, 
                and maintenance of the System, including 
                integration of Federal and non-Federal assets 
                and data management, data sharing, and 
                communication aspects of the System, and 
                fulfillment of the purposes set forth in 
                section 12302;
                  (B) expansion and periodic modernization and 
                upgrade of technology components of the System;
                  (C) identification of end-user communities, 
                their needs for information provided by the 
                System, and the System's effectiveness in 
                disseminating information to end-user 
                communities and the general public; [and]
                  [(D) any other purpose identified by the 
                Administrator or the Interagency Ocean 
                Observing Committee.]
                  (D) additional priorities, including--
                          (i) a national surface current 
                        mapping network designed to improve 
                        fine scale sea surface mapping using 
                        high frequency radar technology and 
                        other emerging technologies to address 
                        national priorities, including Coast 
                        Guard search and rescue operation 
                        planning and harmful algal bloom 
                        forecasting and detection that--
                                  (I) is comprised of existing 
                                high frequency radar and other 
                                sea surface current mapping 
                                infrastructure operated by 
                                national programs and regional 
                                coastal observing systems;
                                  (II) incorporates new high 
                                frequency radar assets or other 
                                fine scale sea surface mapping 
                                technology assets, and other 
                                assets needed to fill gaps in 
                                coverage on United States 
                                coastlines; and
                                  (III) follows a deployment 
                                plan that prioritizes closing 
                                gaps in high frequency radar 
                                infrastructure in the United 
                                States, starting with areas 
                                demonstrating significant sea 
                                surface current data needs, 
                                especially in areas where 
                                additional data will improve 
                                Coast Guard search and rescue 
                                models;
                          (ii) fleet acquisition for unmanned 
                        maritime systems for deployment and 
                        data integration to fulfill the 
                        purposes of this subtitle;
                          (iii) an integrative survey program 
                        for application of unmanned maritime 
                        systems to the real-time or near real-
                        time collection and transmission of sea 
                        floor, water column, and sea surface 
                        data on biology, chemistry, geology, 
                        physics, and hydrography;
                          (iv) remote sensing and data 
                        assimilation to develop new analytical 
                        methodologies to assimilate data from 
                        the System into hydrodynamic models;
                          (v) integrated, multi-State 
                        monitoring to assess sources, movement, 
                        and fate of sediments in coastal 
                        regions; and
                          (vi) a multi-region marine sound 
                        monitoring system to be--
                                  (I) planned in consultation 
                                with the Interagency Ocean 
                                Observation Committee, the 
                                National Oceanic and 
                                Atmospheric Administration, the 
                                Department of the Navy, and 
                                academic research institutions; 
                                and
                                  (II) developed, installed, 
                                and operated in coordination 
                                with the National Oceanic and 
                                Atmospheric Administration, the 
                                Department of the Navy, and 
                                academic research institutions; 
                                and
                  (E) any other purpose identified by the 
                Administrator or the Council.
          (3) Members.--
                  (A) In general.--The System advisory 
                committee shall be composed of members 
                appointed by the Administrator. Members shall 
                be qualified by education, training, and 
                experience to evaluate scientific and technical 
                information related to the design, operation, 
                maintenance, or use of the System, or use of 
                data products provided through the System.
                  (B) Terms of service.--The Administrator may 
                stagger the terms of the System advisory 
                committee members. Members shall be appointed 
                for 3-year terms, renewable once. A vacancy 
                appointment shall be for the remainder of the 
                unexpired term of the vacancy, and an 
                individual so appointed may subsequently be 
                appointed for 2 full 3-year terms if the 
                remainder of the unexpired term is less than 1 
                year.
                  (C) Chairperson.--The Administrator shall 
                designate a chairperson from among the members 
                of the System advisory committee.
                  (D) Appointment.--Members of the System 
                advisory committee shall be appointed as 
                special Government employees for purposes of 
                section 202(a) of title 18, United States Code.
          (4) Administrative provisions.--
                  (A) Reporting.--The System advisory committee 
                shall report to the Administrator [and the 
                Interagency Ocean Observing Committee], as 
                appropriate.
                  (B) Administrative support.--The 
                Administrator shall provide administrative 
                support to the System advisory committee.
                  (C) Meetings.--The System advisory committee 
                shall meet at least once each year, and at 
                other times at the call of the Administrator, 
                the Interagency Ocean [Observing] Observation 
                Committee, or the chairperson.
                  (D) Compensation and expenses.--Members of 
                the System advisory committee shall not be 
                compensated for service on that Committee, but 
                may be allowed travel expenses, including per 
                diem in lieu of subsistence, in accordance with 
                subchapter I of chapter 57 of title 5, United 
                States Code.
                  (E) Expiration.--Section 14 of the Federal 
                Advisory Committee Act (5 U.S.C. App.) shall 
                not apply to the System advisory committee.

                          [33 U.S.C. 3603(e)]

  (e) Civil liability.--For purposes of determining liability 
arising from the dissemination and use of observation data 
gathered pursuant to this section, any non-Federal asset or 
regional [information coordination entity] coastal observing 
system incorporated into the System by [contract, lease, grant, 
or cooperative agreement under subsection (c)(3)(D)] a 
memorandum of agreement of certification under subsection 
(c)(3)(C)(iii) that is participating in the System shall be 
considered to be part of the National Oceanic and Atmospheric 
Administration. Any employee of such a non-Federal asset or 
regional [information coordination entity] coastal observing 
system, while operating within the scope of his or her 
employment in carrying out the purposes of this subtitle, with 
respect to tort liability, is deemed to be an employee of the 
Federal Government.
  (f) Limitation.--Nothing in this subtitle shall be construed 
to invalidate existing certifications, contracts, or agreements 
between [regional information coordination entities] regional 
ocean observing systems and other elements of the System.

                          [33 U.S.C. 3604(a)]

SEC. 12305. INTERAGENCY FINANCING AND AGREEMENTS.

  [(a) In General.--To carry out interagency activities under 
this subtitle, the Secretary of Commerce may execute 
cooperative agreements, or any other agreements, with, and 
receive and expend funds made available by, any State or 
subdivision thereof, any Federal agency, or any public or 
private organization, or individual.]
  (a) In General.--The Secretary of Commerce may execute an 
agreement, on a reimbursable or nonreimbursable basis, with any 
State or subdivision thereof, any Federal agency, any public or 
private organization, or any individual to carry out activities 
under this subtitle.
  (b) Reciprocity.--Member Departments and agencies of the 
Council shall have the authority to create, support, and 
maintain joint centers, and to enter into and perform such 
contracts, leases, grants, and cooperative agreements as may be 
necessary to carry out the purposes of this subtitle and 
fulfillment of the System Plan.

SEC. 12306. APPLICATION WITH OTHER LAWS.

    Nothing in this subtitle supersedes or limits the authority 
of any agency to carry out its responsibilities and missions 
under other laws.

                            [33 U.S.C. 3606]

[SEC. 12307. REPORT TO CONGRESS.

  [(a) Requirement.--Not later than 2 years after the date of 
the enactment of this Act and every 2 years thereafter, the 
Administrator shall prepare and the President acting through 
the Council shall approve and transmit to the Congress a report 
on progress made in implementing this subtitle.
  [(b) Contents.--The report shall include--
          [(1) a description of activities carried out under 
        this subtitle and the System Plan;
          [(2) an evaluation of the effectiveness of the 
        System, including an evaluation of progress made by the 
        Council to achieve the goals identified under the 
        System Plan;
          [(3) identification of Federal and non-Federal assets 
        as determined by the Council that have been integrated 
        into the System, including assets essential to the 
        gathering of required observation data variables 
        necessary to meet the respective missions of Council 
        agencies;
          [(4) a review of procurements, planned or initiated, 
        by each Council agency to enhance, expand, or modernize 
        the observation capabilities and data products provided 
        by the System, including data management and 
        communication subsystems;
          [(5) an assessment regarding activities to integrate 
        Federal and non-Federal assets, nationally and on the 
        regional level, and discussion of the performance and 
        effectiveness of regional information coordination 
        entities to coordinate regional observation operations;
          [(6) a description of benefits of the program to 
        users of data products resulting from the System 
        (including the general public, industries, scientists, 
        resource managers, emergency responders, policy makers, 
        and educators);
          [(7) recommendations concerning--
                  [(A) modifications to the System; and
                  [(B) funding levels for the System in 
                subsequent fiscal years; and
          [(8) the results of a periodic external independent 
        programmatic audit of the System.]

SEC. 12307. REPORT TO CONGRESS.

  (a) Requirement.--Not later than 2 years after March 30, 
2020, and every 5 years thereafter, the Administrator shall 
prepare, and the President acting through the Council shall 
approve and transmit to Congress, a report on progress made in 
implementing this subtitle.
  (b) Contents.--Each report required under subsection (a) 
shall include--
          (1) a description of activities carried out under 
        this subtitle and the System Plan;
          (2) an evaluation of the effectiveness of the System, 
        including an evaluation of progress made by the Council 
        to achieve the goals identified under the System Plan;
          (3) the identification of Federal and non-Federal 
        assets as determined by the Council that have been 
        integrated into the System, including assets essential 
        to the gathering of required observation data variables 
        necessary to meet the respective missions of Council 
        agencies;
          (4) a review of procurements, planned or initiated, 
        by each department or agency represented on the Council 
        to enhance, expand, or modernize the observation 
        capabilities and data products provided by the System, 
        including data management and communication subsystems;
          (5) a summary of the existing gaps in observation 
        infrastructure and monitoring data collection, 
        including--
                  (A) priorities considered by the System 
                advisory committee;
                  (B) the national sea surface current mapping 
                network;
                  (C) coastal buoys;
                  (D) ocean chemistry monitoring;
                  (E) marine sound monitoring; and
                  (F) unmanned maritime systems technology 
                gaps;
          (6) an assessment regarding activities to integrate 
        Federal and non-Federal assets, nationally and on the 
        regional level, and discussion of the performance and 
        effectiveness of regional coastal observing systems to 
        coordinate regional observation operations;
          (7) a description of benefits of the program to users 
        of data products resulting from the System (including 
        the general public, industries, scientists, resource 
        managers, emergency responders, policy makers, and 
        educators);
          (8) recommendations concerning--
                  (A) modifications to the System; and
                  (B) funding levels for the System in 
                subsequent fiscal years; and
          (9) the results of a periodic external independent 
        programmatic audit of the System.

           *       *       *       *       *       *       *


                            [33 U.S.C. 3607]

[SEC. 12308. PUBLIC-PRIVATE USE POLICY.

    [The Council shall develop a policy within 6 months after 
the date of the enactment of this Act that defines processes 
for making decisions about the roles of the Federal Government, 
the States, regional information coordination entities, the 
academic community, and the private sector in providing to end-
user communities environmental information, products, 
technologies, and services related to the System. The Council 
shall publish the policy in the Federal Register for public 
comment for a period not less than 60 days. Nothing in this 
section shall be construed to require changes in policy in 
effect on the date of enactment of this Act.]

SEC. 12308. PUBLIC-PRIVATE USE POLICY.

    The Council shall maintain a policy that defines processes 
for making decisions about the roles of the Federal Government, 
the States, regional coastal observing systems, the academic 
community, and the private sector in providing to end-user 
communities environmental information, products, technologies, 
and services related to the System. The Administrator shall 
ensure that National Oceanic and Atmospheric Administration 
adheres to the decision making process developed by the Council 
regarding the roles of the Federal Government, the States, the 
regional coastal observing systems, the academic community, and 
the private sector in providing end-user communities 
environmental information, data products, technologies, and 
services related to the System.

                            [33 U.S.C. 3608]

[SEC. 12309. INDEPENDENT COST ESTIMATE.

    [Within 1 year after the date of enactment of this Act, the 
Interagency Ocean Observation Committee, through the 
Administrator and the Director of the National Science 
Foundation, shall obtain an independent cost estimate for 
operations and maintenance of existing Federal assets of the 
System, and planned or anticipated acquisition, operation, and 
maintenance of new Federal assets for the System, including 
operation facilities, observation equipment, modeling and 
software, data management and communication, and other 
essential components. The independent cost estimate shall be 
transmitted unabridged and without revision by the 
Administrator to Congress.]

SEC. 12310. INTENT OF CONGRESS.

    It is the intent of Congress that funding provided to 
agencies of the Council to implement this subtitle shall 
supplement, and not replace, existing sources of funding for 
other programs. It is the further intent of Congress that 
agencies of the Council shall not enter into contracts or 
agreements for the development or procurement of new Federal 
assets for the System that are estimated to be in excess of 
$250,000,000 in life-cycle costs without first providing 
adequate notice to Congress and opportunity for review and 
comment.

                            [33 U.S.C. 3610]

[SEC. 12311. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated to the Secretary 
of Commerce for fiscal years 2009 through 2013 such sums as are 
necessary to fulfill the purposes of this subtitle and support 
activities identified in the annual coordinated System budget 
developed by the Interagency Ocean Observation Committee and 
submitted to the Congress.]

SEC. 12311. AUTHORIZATION OF APPROPRIATIONS.

    To fulfill the purposes set forth in section 12302 and to 
support activities identified in the annual coordinated System 
budget developed by the Interagency Ocean Observation 
Committee, there are authorized to be appropriated to the 
Secretary of Commerce--
          (1) $54,900,000 for fiscal year 2020;
          (2) $61,600,000 for fiscal year 2021;
          (3) $68,300,000 for fiscal year 2022;
          (4) $75,000,000 for fiscal year 2023; and
          (5) $81,700,000 for fiscal year 2024.

  [33 U.S.C. 3611; Pub. L. 111-11, title XII, section 12312, as added 
 Pub. L. 112-141, div. F, title II, section 100252, July 6, 2012, 126 
                              Stat. 969.]

SEC. 12312. ASSESSING AND MODELING NAMED STORMS OVER COASTAL STATES.

  (a) Definitions.--In this section:
          (1) Coastal formula.--The term ``COASTAL Formula'' 
        has the meaning given the term in section 1337(a) of 
        the National Flood Insurance Act of 1968.
          (2) Coastal state.--The term ``coastal State'' has 
        the meaning given the term ``coastal state'' in section 
        304 of the Coastal Zone Management Act of 1972 (16 
        U.S.C. 1453)[.], except that the term shall not apply 
        with respect to a State or territory that has an 
        operational wind and flood loss allocation system.
          (3) Coastal waters.--The term ``coastal waters'' has 
        the meaning given the term in such section.
          (4) Covered data.--The term ``covered data'' means, 
        with respect to a named storm identified by the 
        Administrator under subsection (b)(2)(A), empirical 
        data that are--
                  (A) collected before, during, or after such 
                storm; and
                  (B) necessary to determine magnitude and 
                timing of wind speeds, rainfall, the barometric 
                pressure, river flows, the extent, height, and 
                timing of storm surge, topographic and 
                bathymetric data, and other measures required 
                to accurately model and assess damage from such 
                storm.
          (5) Indeterminate loss.--The term ``indeterminate 
        loss'' has the meaning given the term in section 
        1337(a) of the National Flood Insurance Act of 1968.
          (6) Named storm.--The term ``named storm'' means any 
        organized weather system with a defined surface 
        circulation and maximum sustained winds of at least 39 
        miles per hour which the National Hurricane Center of 
        the United States National Weather Service names as a 
        tropical storm or a hurricane.
          (7) Named storm event model.--The term ``Named Storm 
        Event Model'' means the official meteorological and 
        oceanographic computerized model, developed by the 
        Administrator under subsection (b)(1)(A), which 
        utilizes covered data to replicate the magnitude, 
        timing, and spatial variations of winds, rainfall, and 
        storm surges associated with named storms [that 
        threaten any portion of a coastal State] for which 
        post-storm assessments are conducted.
          (8) Participant.--The term ``participant'' means a 
        Federal, State, or private entity that chooses to 
        cooperate with the Administrator in carrying out the 
        provisions of this section by collecting, contributing, 
        and maintaining covered data.
          (9) Post-storm assessment.--The term ``post-storm 
        assessment'' means a scientific assessment produced and 
        certified by the Administrator to determine the 
        magnitude, timing, and spatial variations of winds, 
        rainfall, and storm surges associated with a specific 
        named storm to be used in the COASTAL Formula.
          (10) State.--The term ``State'' means a State of the 
        United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, and any other territory or 
        possession of the United States.
  (b) Named Storm Event Model and Post-Storm Assessment.--
          (1) Establishment of named storm event model.--
                  (A) In general.--Not later than [540 days 
                after the date of the enactment of the Consumer 
                Option for an Alternative System to Allocate 
                Losses Act of 2012] December 31, 2019, the 
                Administrator shall develop [by regulation] the 
                Named Storm Event Model.
                  (B) Accuracy.--The Named Storm Event Model 
                shall be designed to generate post-storm 
                assessments, as provided in paragraph (2), that 
                have a degree of accuracy of not less than 90 
                percent for [every] an indeterminate loss for 
                which a post-storm assessment is utilized.
                  (C) Public review.--The Administrator shall 
                seek input and suggestions from the public 
                before the Named Storm Event Model, or any 
                modification to the Named Storm Event Model, 
                takes effect.
          (2) Post-storm assessment.--
                  (A) Identification of named storms 
                threatening coastal states.--After the 
                establishment of the COASTAL Formula, the 
                Administrator shall, in consultation with the 
                Secretary of Homeland Security, identify named 
                storms that may reasonably constitute a threat 
                to any portion of a coastal State.
                  (B) Data collection.--
                          (i) In general.--Upon identification 
                        of a named storm under subparagraph 
                        (A), and pursuant to the protocol 
                        established under subsection (c), the 
                        Administrator may deploy sensors to 
                        enhance the collection of covered data 
                        in the areas in coastal States that the 
                        Administrator determines are at the 
                        highest risk of experiencing 
                        geophysical events that would cause 
                        indeterminate losses.
                          (ii) Rule of construction.--If the 
                        Administrator takes action under clause 
                        (i), that action may not be construed 
                        as indicating that a post-storm 
                        assessment will be developed for any 
                        coastal State in which that action is 
                        taken.
                  (C) Identification of indeterminate losses in 
                coastal states.--Not later than 30 days after 
                the first date on which sustained winds of not 
                less than 39 miles per hour are measured in a 
                coastal State during a named storm identified 
                under subparagraph (A), the Secretary of 
                Homeland Security shall notify the 
                Administrator with respect to the existence of 
                any indeterminate losses in that coastal State 
                resulting from that named storm.
                  [(B)] (D) Post-storm assessment required.--
                Upon [identification of a named storm under 
                subparagraph (A)] confirmation of indeterminate 
                losses identified under subparagraph (C) with 
                respect to a named storm, the Administrator 
                shall develop a post-storm [assessment for such 
                named storm] assessment for each coastal State 
                that suffered such indeterminate losses as a 
                result of the named storm using the Named Storm 
                Event Model and covered data collected for such 
                named storm pursuant to the protocol 
                established under subsection (c)(1).
                  [(C)] (E) Submittal of post-storm 
                assessment.--Not later than 90 days after [an 
                identification of a named storm is made under 
                subparagraph (A)] any indeterminate losses are 
                identified under subparagraph (C), the 
                Administrator shall submit to the Secretary of 
                Homeland Security the post-storm assessment 
                developed [for such storm under subparagraph 
                (B)] under subparagraph (D) for any coastal 
                State that suffered such indeterminate losses.
                  (F) Separate post-storm assessments for a 
                single named storm.--
                          (i) In general.--The Administrator 
                        may conduct a separate post-storm 
                        assessment for each coastal State in 
                        which indeterminate losses are 
                        identified under subparagraph (C).
                          (ii) Timeline.--If the Administrator 
                        conducts a separate post-storm 
                        assessment under clause (i), the 
                        Administrator shall complete the 
                        assessment based on the dates of 
                        actions that the Administrator takes 
                        under subparagraphs (C) and (D).
          (3) Accuracy.--The Administrator shall ensure, to the 
        greatest extent practicable, that each post-storm 
        assessment developed under paragraph (2) has a degree 
        of accuracy of not less than 90 percent.
          (4) Certification.--For each post-storm assessment 
        carried out under paragraph (2), the Administrator 
        shall--
                  (A) certify the degree of accuracy for such 
                assessment, including specific reference to any 
                segments or geographic areas for which the 
                assessment is less than 90 percent accurate; 
                and
                  (B) report such certification to the 
                Secretary of Homeland Security for the purposes 
                of use with indeterminate loss claims under 
                section 1337 of the National Flood Insurance 
                Act of 1968.
          (5) Finality of determinations.--A certification of 
        the degree of accuracy of a post-storm assessment under 
        this subsection by the Administrator shall be final and 
        shall not be subject to judicial review.
          (6) Availability.--The Administrator shall make 
        available to the public the Named Storm Event Model and 
        any post-storm assessment developed under this 
        subsection.
  (c) Establishment of a Protocol for Post-Storm Assessment.--
          (1) In general.--Not later than [540 days after the 
        date of the enactment of the Consumer Option for an 
        Alternative System to Allocate Losses Act of 2012] 
        December 31, 2019, the Administrator shall establish a 
        protocol, based on the plan submitted under subsection 
        (d)(3), to collect and assemble all covered data 
        required by the Administrator to produce post-storm 
        assessments required by subsection (b), including 
        assembling data collected by participants and stored in 
        the database established under subsection (f) and from 
        such other sources as the Administrator considers 
        appropriate.
          (2) Acquisition of sensors and structures.--If the 
        Administrator is unable to use a public or private 
        asset to obtain covered data as part of the protocol 
        established under paragraph (1), the Administrator may 
        acquire such sensors and structures for the placement 
        of sensors as may, in the discretion of the 
        Administrator, be necessary to obtain such data.
          (3) Use of federal assets.--If the protocol requires 
        placement of a sensor to develop assessments pursuant 
        to subsection (b), the Administrator shall, to the 
        extent practicable, use Federal assets for the 
        placement of such sensors.
          (4) Use of acquired structures.--
                    (A) In general.--If the Administrator 
                acquires a structure for the placement of a 
                sensor for purposes of such protocol, the 
                Administrator shall to the extent practical 
                permit other public and private entities to 
                place sensors on such structure to collect--
                          (i) meteorological data;
                          (ii) national security-related data;
                          (iii) navigation-related data;
                          (iv) hydrographic data; or
                          (v) such other data as the 
                        Administrator considers appropriate.
                    (B) Receipt of consideration.--The 
                Administrator may receive and expend 
                consideration for the placement of a sensor on 
                a structure under subparagraph (A).

SUBTITLE D--FEDERAL OCEAN ACIDIFICATION RESEARCH AND MONITORING ACT OF 
                                  2009

SEC. 12401. SHORT TITLE.

    This subtitle may be cited as the ``Federal Ocean 
Acidification Research And Monitoring Act of 2009'' or the 
``FOARAM Act''.

SEC. 12402. PURPOSES.

  (a) Purposes.--The purposes of this subtitle are to provide 
for--
          (1) development and coordination of a comprehensive 
        interagency plan to--
                  (A) monitor and conduct research on the 
                processes and consequences of ocean 
                acidification on marine organisms and 
                ecosystems; and
                  (B) establish an interagency research and 
                monitoring program on ocean acidification;
          (2) establishment of an ocean acidification program 
        within the National Oceanic and Atmospheric 
        Administration;
          (3) assessment and consideration of regional and 
        national ecosystem and socioeconomic impacts of 
        increased ocean acidification; and
          (4) research adaptation strategies and techniques for 
        effectively conserving marine ecosystems as they cope 
        with increased ocean acidification.

SEC. 12403. DEFINITIONS.

    In this subtitle:
          (1) Ocean acidification.--The term ``ocean 
        acidification'' means the decrease in pH of the Earth's 
        oceans and changes in ocean chemistry caused by 
        chemical inputs from the atmosphere, including carbon 
        dioxide.
          (2) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce, acting through the Administrator 
        of the National Oceanic and Atmospheric Administration.
          (3) Subcommittee.--The term ``Subcommittee'' means 
        the Joint Subcommittee on Ocean Science and Technology 
        of the National Science and Technology Council.

SEC. 12404. INTERAGENCY SUBCOMMITTEE.

  (a) * * *

                          [33 U.S.C. 3703(c)]

  (c) Reports to Congress.--
          (1) Initial report.--Not later than 1 year after the 
        date of enactment of this Act, the Subcommittee shall 
        transmit a report to the Committee on Commerce, 
        Science, and Transportation of the Senate and the 
        Committee on Science and Technology and the Committee 
        on Natural Resources of the House of Representatives 
        that--
                  (A) includes a summary of federally funded 
                ocean acidification research and monitoring 
                activities, including the budget for each of 
                these activities; and
                  (B) describes the progress in developing the 
                plan required under section 12405 of this 
                subtitle.
          (2) Biennial report.--Not later than 2 years after 
        the delivery of the initial report under paragraph (1) 
        and every 2 years thereafter, the Subcommittee shall 
        transmit a report to the Committee on Commerce, 
        Science, and Transportation of the Senate and the 
        Committee on Science and Technology and the Committee 
        on Natural Resources of the House of Representatives 
        that includes--
                  (A) a summary of federally funded ocean 
                acidification research and monitoring 
                activities, including the budget for each of 
                these activities; and
                  (B) an analysis of the progress made toward 
                achieving the goals and priorities for the 
                interagency research plan developed by the 
                Subcommittee under section 12405.
          (3) Strategic research plan.--Not later than 2 years 
        after the date of enactment of this Act, the 
        Subcommittee shall transmit the strategic research plan 
        developed under section 12405 to the Committee on 
        Commerce, Science, and Transportation of the Senate and 
        the Committee on Science and Technology and the 
        Committee on Natural Resources of the House of 
        Representatives. A revised plan shall be submitted at 
        least once every 5 years thereafter.
          (4) Economic vulnerability report.--
                  (A) In general.--Not later than 2 years after 
                the date of the enactment of the Coordinated 
                Ocean Observations and Research Act of 2019, 
                and every 6 years thereafter, the Subcommittee 
                shall transmit to the appropriate committees of 
                Congress a report that--
                          (i) is named the ``Ocean Chemistry 
                        Coastal Community Vulnerability 
                        Assessment'';
                          (ii) identifies gaps in ocean 
                        acidification monitoring by public, 
                        academic, and private assets in the 
                        network of regional coastal observing 
                        systems;
                          (iii) identifies geographic areas 
                        which have gaps in ocean acidification 
                        research;
                          (iv) identifies United States coastal 
                        communities, including fishing 
                        communities, low-population rural 
                        communities, tribal and subsistence 
                        communities, and island communities, 
                        that may be impacted by ocean 
                        acidification;
                          (v) identifies impacts of changing 
                        ocean carbonate chemistry on the 
                        communities described in clause (iv), 
                        including impacts from changes in ocean 
                        and coastal marine resources that are 
                        not managed by the Federal Government;
                          (vi) identifies gaps in understanding 
                        of the impacts of ocean acidification 
                        on economically or commercially 
                        important species, particularly those 
                        which support United States commercial, 
                        recreational, and tribal fisheries and 
                        aquaculture;
                          (vii) identifies habitats that may be 
                        particularly vulnerable to corrosive 
                        sea water, including areas experiencing 
                        multiple stressors such as hypoxia, 
                        sedimentation, and harmful algal 
                        blooms;
                          (viii) identifies areas in which 
                        existing National Integrated Coastal 
                        and Ocean Observation System assets, 
                        including unmanned maritime systems, 
                        may be leveraged as platforms for the 
                        deployment of new sensors or other 
                        applicable observing technologies; and
                          (ix) is written in collaboration with 
                        the agencies responsible for carrying 
                        out this subtitle.
                  (B) Form of report.--
                          (i) Initial report.--The initial 
                        report required under subparagraph (A) 
                        shall include the information described 
                        in clauses (i) through (ix) on a 
                        national level.
                          (ii) Subsequent reports.--Each report 
                        required under subparagraph (A) after 
                        the initial report--
                                  (I) may describe the 
                                information described in 
                                clauses (i) through (ix) on a 
                                national level; or
                                  (II) may consist of separate 
                                reports for each region of the 
                                National Oceanic and 
                                Atmospheric Administration.
                          (iii) Regional reports.--If the 
                        Subcommittee opts to prepare a report 
                        required under subparagraph (A) as 
                        separate regional reports under clause 
                        (ii)(II), the Subcommittee shall submit 
                        a report for each region of the 
                        National Oceanic and Atmospheric 
                        Administration not less frequently than 
                        once during each 6-year reporting 
                        period.
                  (C) Appropriate committees of congress 
                defined.--In this paragraph and in paragraph 
                (5), the term ``appropriate committees of 
                Congress'' means the Committee on Commerce, 
                Science, and Transportation of the Senate, the 
                Committee on Science, Space, and Technology of 
                the House of Representatives, and the Committee 
                on Natural Resources of the House of 
                Representatives.
          (5) Monitoring prioritization plan.--Not later than 
        180 days after the date of the submission of the 
        initial report under paragraph (4)(A), the Subcommittee 
        shall transmit to the appropriate committees of 
        Congress a report that develops a plan to deploy new 
        sensors or other applicable observing technologies such 
        as unmanned maritime systems--
                  (A) based on such initial report;
                  (B) prioritized by--
                          (i) the threat to coastal economies 
                        and ecosystems;
                          (ii) gaps in data; and
                          (iii) research needs; and
                  (C) that leverage existing platforms, where 
                possible.

SEC. 12405. STRATEGIC RESEARCH PLAN.

  (a) In General.--Not later than 2 years after the date of 
enactment of this Act, the Subcommittee shall develop a 
strategic plan for Federal research and monitoring on ocean 
acidification that will provide for an assessment of the 
impacts of ocean acidification on marine organisms and marine 
ecosystems and the development of adaptation and mitigation 
strategies to conserve marine organisms and marine ecosystems. 
In developing the plan, the Subcommittee shall consider and use 
information, reports, and studies of ocean acidification that 
have identified research and monitoring needed to better 
understand ocean acidification and its potential impacts, and 
recommendations made by the National Academy of Sciences in the 
review of the plan required under subsection (d).

                          [33 U.S.C. 3704(b)]

  (b) Contents of the Plan.--The plan shall--
          (1) provide for interdisciplinary research among the 
        ocean sciences, and coordinated research and activities 
        to improve the understanding of ocean chemistry that 
        will affect marine ecosystems;
          (2) establish, for the 10-year period beginning in 
        the year the plan is submitted, the goals and 
        priorities for Federal research and monitoring which 
        will--
                  (A) advance understanding of ocean 
                acidification and its physical, chemical, and 
                biological impacts on marine organisms and 
                marine ecosystems;
                  (B) improve the ability to assess the 
                socioeconomic impacts of ocean acidification; 
                and
                  (C) provide information for the development 
                of adaptation and mitigation strategies to 
                conserve marine organisms and marine 
                ecosystems;
          (3) describe specific activities, including--
                  (A) efforts to determine user needs;
                  (B) research activities;
                  (C) monitoring activities;
                  (D) technology and methods development;
                  (E) data collection;
                  (F) database development;
                  (G) modeling activities;
                  (H) assessment of ocean acidification 
                impacts; and
                  (I) participation in international research 
                efforts;
          (4) identify relevant programs and activities of the 
        Federal agencies that contribute to the interagency 
        program directly and indirectly and set forth the role 
        of each Federal agency in implementing the plan;
          (5) consider and utilize, as appropriate, reports and 
        studies conducted by Federal agencies, the National 
        Research Council, or other entities;
          (6) make recommendations for the coordination of the 
        ocean acidification research and monitoring activities 
        of the United States with such activities of other 
        nations and international organizations;
          (7) outline budget requirements for Federal ocean 
        acidification research and monitoring and assessment 
        activities to be conducted by each agency under the 
        plan;
          (8) identify the monitoring systems and sampling 
        programs currently employed in collecting data relevant 
        to ocean acidification and prioritize additional 
        monitoring systems that may be needed to ensure 
        adequate data collection and monitoring of ocean 
        acidification and its impacts; [and]
          (9) describe specific activities designed to 
        facilitate outreach and data and information exchange 
        with stakeholder communities[.]; and
          (10) make recommendations for research to be 
        conducted, including in the social sciences and 
        economics, to address the key knowledge gaps identified 
        in the Ocean Chemistry Coastal Community Vulnerability 
        Assessment conducted under section 12404(c)(4).

                          [33 U.S.C. 3704(c)]

  (c) Program Elements.--The plan shall include at a minimum 
the following program elements:
          (1) Monitoring of ocean chemistry and biological 
        impacts associated with ocean acidification at selected 
        coastal and open-ocean monitoring stations, including 
        satellite-based monitoring to characterize--
                  (A) marine ecosystems;
                  (B) changes in marine productivity; and
                  (C) changes in surface ocean chemistry.
          (2) Research to understand the species specific 
        physiological responses of marine organisms to ocean 
        acidification, impacts on marine food webs of ocean 
        acidification, and to develop environmental and 
        ecological indices that track marine ecosystem 
        responses to ocean acidification.
          (3) Modeling to predict changes in the ocean carbon 
        cycle as a function of carbon dioxide and atmosphere-
        induced changes in temperature, ocean circulation, 
        biogeochemistry, ecosystem and terrestrial input, and 
        modeling to determine impacts on marine ecosystems and 
        individual marine organisms.
          (4) Technology development and standardization of 
        carbonate chemistry measurements on moorings and 
        autonomousfloats.
          (5) Assessment of socioeconomic impacts of ocean 
        acidification and development of adaptation and 
        mitigation strategies to conserve marine organisms and 
        marine ecosystems.
          (6) Research to understand the combined impact of 
        changes in ocean chemistry and other stressors, 
        including sediment delivery, hypoxia, and harmful algal 
        blooms, on each other and on living marine resources, 
        including aquaculture and coastal ecosystems.
          (7) Applied research to identify adaptation 
        strategies for species impacted by changes in ocean 
        chemistry including vegetation-based systems, shell 
        recycling, species and genetic diversity, applied 
        technologies, aquaculture methodologies, and management 
        recommendations.
  (d) National Academy of Sciences Evaluation.--The Secretary 
shall enter into an agreement with the National Academy of 
Sciences to review the plan.
  (e) Public Participation.--In developing the plan, the 
Subcommittee shall consult with representatives of academic, 
State, industry and environmental groups. Not later than 90 
days before the plan, or any revision thereof, is submitted to 
the Congress, the plan shall be published in the Federal 
Register for a public comment period of not less than 60 days.

           *       *       *       *       *       *       *


                          [33 U.S.C. 3705(a)]

SEC. 12406. NOAA OCEAN ACIDIFICATION ACTIVITIES.

  (a) In General.--The Secretary shall establish and maintain 
an ocean acidification program within the National Oceanic and 
Atmospheric Administration to conduct research, monitoring, and 
other activities consistent with the strategic research and 
implementation plan developed by the Subcommittee under section 
12405 that--
          (1) includes--
                  (A) interdisciplinary research among the 
                ocean and atmospheric sciences, and coordinated 
                research and activities to improve 
                understanding of ocean acidification;
                  (B) the establishment of a long-term 
                monitoring program of ocean acidification 
                utilizing existing global and national ocean 
                observing assets, and adding instrumentation 
                and sampling stations as appropriate to the 
                aims of the research program;
                  (C) research to identify and develop 
                adaptation strategies and techniques for 
                effectively conserving marine ecosystems as 
                they cope with increased ocean acidification;
                  (D) as an integral part of the research 
                programs described in this subtitle, 
                educational opportunities that encourage an 
                interdisciplinary and international approach to 
                exploring the impacts of ocean acidification;
                  (E) as an integral part of the research 
                programs described in this subtitle, national 
                public outreach activities to improve the 
                understanding of current scientific knowledge 
                of ocean acidification and its impacts on 
                marine resources; and
                  (F) coordination of ocean acidification 
                monitoring and impacts research with other 
                appropriate international ocean science bodies 
                such as the International Oceanographic 
                Commission, the International Council for the 
                Exploration of the Sea, the North Pacific 
                Marine Science Organization, and others;
          (2) provides grants for critical research projects 
        that explore the effects of ocean acidification on 
        ecosystems and the socioeconomic impacts of increased 
        ocean acidification that are relevant to the goals and 
        priorities of the strategic research plan; [and]
          (3) incorporates a competitive merit-based process 
        for awarding grants that may be conducted jointly with 
        other participating agencies or under the National 
        Oceanographic Partnership Program under section 7901 of 
        title 10, United States Code[.]; and
          (4) includes an ongoing mechanism that allows 
        industry, coastal stakeholders, fishery management 
        councils and commissions, non-Federal resource 
        managers, and scientific experts to provide input on 
        monitoring needs that are necessary to support on the 
        ground management, decision making, and adaptation 
        related to ocean acidification.
  (b) Additional Authority.--In conducting the Program, the 
Secretary may enter into and perform such contracts, leases, 
grants, or cooperative agreements as may be necessary to carry 
out the purposes of this subtitle on such terms as the 
Secretary considers appropriate.

                          [33 U.S.C. 3706(a)]

SEC. 12407. NSF OCEAN ACIDIFICATION ACTIVITIES.

  [(a) Research Activities.--The Director of the National 
Science Foundation shall continue to carry out research 
activities on ocean acidification which shall support 
competitive, merit-based, peer-reviewed proposals for research 
and monitoring of ocean acidification and its impacts, 
including--
          [(1) impacts on marine organisms and marine 
        ecosystems;
          [(2) impacts on ocean, coastal, and estuarine 
        biogeochemistry; and
          [(3) the development of methodologies and 
        technologies to evaluate ocean acidification and its 
        impacts.]
  (a) Research Activities.--The Director of the National 
Science Foundation shall continue to carry out research 
activities on ocean acidification which shall support 
competitive, merit-based, peer-reviewed proposals for research, 
observation, and monitoring of ocean acidification and its 
impacts, including--
          (1) impacts on marine organisms, including species 
        cultured for aquaculture, and marine ecosystems;
          (2) impacts on ocean, coastal, and estuarine 
        biogeochemistry;
          (3) the development of methodologies and technologies 
        to evaluate ocean acidification and its impacts; and
          (4) impacts of multiple stressors on ecosystems 
        exhibiting hypoxia, harmful algal blooms, or sediment 
        delivery, combined with changes in ocean chemistry.
  (b) Consistency.--The research activities shall be consistent 
with the strategic research plan developed by the Subcommittee 
under section 12405.
  (c) Coordination.--The Director shall encourage coordination 
of the Foundation's ocean acidification activities with such 
activities of other nations and international organizations.

                                  [all]