[Senate Report 114-354]
[From the U.S. Government Publishing Office]
Calendar No. 636
114th Congress } { Report
SENATE
2d Session } { 114-354
======================================================================
COORDINATED OCEAN MONITORING AND RESEARCH ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1886
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 20, 2016.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2016
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas ED MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel
Calendar No. 636
114th Congress Report
SENATE
2d Session 114-354
======================================================================
COORDINATED OCEAN MONITORING AND RESEARCH ACT
_______
September 20, 2016.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 1886]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1886) to reauthorize the
Integrated Coastal and Ocean Observation System Act of 2009 and
for other purposes, having considered the same, reports
favorably thereon with an amendment (in the nature of a
substitute) and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1886, the Coordinated Ocean Monitoring
and Research Act, is to reauthorize the Integrated Coastal and
Ocean Observation System Act of 2009 (Act of 2009; 33 U.S.C.
3601 et seq.) and for other purposes.
Background and Needs
The Act of 2009 consolidated and coordinated the efforts of
hundreds of Federal, State, and local ocean observing programs.
Prior to the implementation of the 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, wasting time and resources. The national
Integrated Ocean Observing System (IOOS) 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.
The data consist of real-time, 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. The National Oceanic and
Atmospheric Administration (NOAA) and other agencies need long-
term oceanographic databases to effectively monitor changes in
the ocean, such as El Nino events, hypoxia, and harmful algal
blooms.
The data from IOOS provide the Nation with better
predictions of hazardous events and help improve weather
forecasting. Over 50 percent of the marine data used by the
National Weather Service are from non-Federal sources; IOOS
data standards and protocols allow the data to be easily
integrated into weather models. In the Atlantic, IOOS is using
floats, gliders, and buoys to improve hurricane track,
intensity, and impact forecasts. IOOS data also are used to
enhance the safety and efficiency of marine operations and to
more cost-effectively route ships through U.S. waterways.
In Maine, the Penobscot Bay Pilots use IOOS buoys to decide
when to pilot ships into port.\1\ The Coast Guard uses high
frequency radar data to determine surface current speed and
direction in near real time, allowing rescuers to track the
probable paths of victims and drifting survivor craft. In one
test, using IOOS data, the Coast Guard's Search and Rescue
system was able to decrease its search area by 66 percent over
a 96-hour period, focusing search efforts, improving the
probability of saving lives, and reducing search costs.\2\ IOOS
data have also been used to improve algorithms for locating and
identifying targets of interest for homeland security.\3\ The
data also are incorporated into ocean research and marine and
coastal ecosystems research. Finally, IOOS data are used to
predict public health risks by monitoring water quality\4\ and
harmful algal blooms.\5\
---------------------------------------------------------------------------
\1\The National Oceanic Atmospheric Administration (NOAA), ``IOOS
Data Supports Safe Ship Navigation in Penobscot Bay, Maine,'' accessed
November 3, 2015, at http://www.ioos.noaa.gov/ioos_in_action/benefits/
penobscot_bay.html.
\2\NOAA, ``IOOS enhances search and rescue efforts,'' accessed
November 3, 2015, at http://www.ioos.noaa.gov/ioos_in_action/benefits/
improving_search_rescue.html.
\3\Brown, C. W., Peters, K. A., & Nyarko, K. A. (2014). Cases on
Research and Knowledge Discovery. ISI Global. Hershey, PA.
\4\NOAA, ``Monitoring Water Quality,'' accessed November 11, 2015,
at http://www.ioos.noaa.gov/ioos_in_action/benefits/
monitoring_water_quality.html.
\5\NOAA, ``Harmful Algal Blooms (HABS),'' accessed November 11,
2015, at http://www.ioos.noaa.gov/ioos_in_action/benefits/
harmful_algal_blooms.html.
---------------------------------------------------------------------------
IOOS is on track for full implementation. In 2015, it
certified the first Regional Information Coordination Entity.
The remainder of these regional entities are scheduled to be
established within the year.\6\ Also, in 2015, IOOS issued the
quality control manuals for real-time data types, including
temperature, salinity, wind, water level, and wave data.\7\ As
reflected in Table 1, appropriations for IOOS have ranged
between $28.6 million and $36.2 million for the last 5 fiscal
years (FYs).\8\
---------------------------------------------------------------------------
\6\Pacific Island Ocean Observing System, ``About PacIOOS,''
accessed November 11, 2015, at http://oos.soest.hawaii.edu/pacioos/
about.
\7\NOAA, ``Quality Assurance of Real Time Ocean Data, QARTOD,''
accessed November 11, 2015, at http://www.ioos.noaa.gov/qartod/
welcome.html.
\8\P.L. 111-11.
---------------------------------------------------------------------------
The Coordinated Ocean Monitoring and Research Act would
build upon the successful integration of ocean observing
programs and platforms begun in 2009. For example, S. 1886
would direct the IOOS System Advisory Committee to consider
additional ocean observing priorities, like surface current
mapping, sediment transport, and marine sound. The Navy has
observed marine sound for decades using sonobuoys and cabled
hydrophones. NOAA also has taken steps to improve the platforms
and reduce the cost to monitor marine sound, including the
successful deployment of autonomous hydrophones.
Table 1. Recent Budget Requests and Appropriations for IOOS in thousands
of dollars.
Requested Appropriated
FY11 $21.2 $28.6
FY12 $37.8 $29.4
FY13 $36.1 $35.2
FY14 $41.1 $35.1
FY15 $36.2 $36.2
Summary of Provisions
S. 1886, the Coordinated Ocean Monitoring and Research Act,
would do the following:
Reauthorize IOOS from FY 2015 through FY
2019.
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.
Legislative History
S. 1886 was introduced by Senator Wicker on July 29, 2015,
and is cosponsored by Senators Cantwell, Sullivan, Murkowski,
and Schatz. On December 9, 2015, the Committee met in open
Executive Session, and by a voice vote, ordered S. 1886 to be
reported favorably with an amendment in the nature of a
substitute. A similar bill, H.R. 2744, has been introduced in
the House, also with bipartisan support.
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:
S. 1886--Coordinated Ocean Monitoring and Research Act
Summary: S. 1886 would reauthorize the Integrated Coastal
and Ocean Observation System Act. The bill also would modify
existing reporting and planning requirements under the Federal
Ocean Acidification Research and Monitoring Act. Based on
information provided by the National Oceanic and Atmospheric
Administration (NOAA), CBO estimates that implementing S. 1886
would cost $91 million over the 2017-2021 period, assuming
appropriation of the necessary amounts. Enacting the bill would
not affect direct spending or revenues; therefore, pay-as-you-
go procedures do not apply.
CBO estimates that enacting the legislation would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2027.
S. 1886 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 1886 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2017 2018 2019 2020 202l 2017-2021
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Ocean Monitoring:
Estimated Authorization Level....................... 30 30 30 0 0 90
Estimated Outlays................................... 20 26 29 11 4 90
Reporting and Planning:
Estimated Authorization Level....................... * * * * * 1
Estimated Outlays................................... * * * * * 1
Total Increases:
Authorization Level............................. 30 30 30 0 0 91
Estimated Outlays............................... 20 26 29 11 4 91
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000; components may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of fiscal year 2016
and that the necessary amounts will be appropriated for each
fiscal year.
S. 1886 would authorize the appropriation of such sums as
may be necessary for each year through 2019 to carry out
activities under the Integrated Coastal and Ocean Observation
System Act. That act requires the federal government to monitor
ocean characteristics and other activities, including weather
forecasting, water quality assessment, and shipping operations.
Over the 2012-2016 period, the agency spent an average of $30
million a year to carry out those activities. On that
historical basis, CBO estimates that carrying out similar
activities in the future would cost $90 million over the 2017-
2021 period, assuming appropriation of the necessary amounts.
The bill also would require an interagency body to complete
a report identifying potential dangers to coastal communities
from changes in the acidification of sea water and to develop a
strategic plan to research and monitor ocean acidification.
Based on information provided by NOAA, CBO estimates that
carrying out those activities would cost roughly $1 million
over the 2017-2021 period, assuming availability of
appropriated funds.
Pay-as-you-go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 1886 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
Intergovernmental and private-sector impact: S. 1886
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
State, Local, and Tribal Governments: Jon Sperl; Impact on the
Private Sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact
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. 1886, 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. 1886 is not expected to have a negative impact on the
Nation's economy. IOOS reduces duplicative data collection, and
thus should result in an overall costs saving for the Nation.
Additionally, IOOS data can be used to enhance maritime
commerce.
privacy
The reported bill would have no impact on the personal
privacy of individuals.
paperwork
S. 1886 would not increase paperwork requirements for the
private sector. This bill would require the submission of
several reports from the Interagency Ocean Observation
Committee (IOOC) and the Joint Subcommittee on Ocean Science
and Technology (JSOST) of the National Science and Technology
Council as follows:
Annual and long-term plans for the
integrated design, operation, maintenance, enhancement,
and expansion of IOOS, as well as defined protocols for
collection, configuration standards, and formats for
new and existing assets within the IOOS network.
A periodic review of the IOOS system plan,
recommendations for improvements, and periodic updates
of the plan to integrate new technology into the
system.
A summary of existing gaps in observation
infrastructure (added to an existing report to
Congress).
An economic vulnerability report, a
monitoring prioritization plan, and a strategic
research plan to Congress.
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.
This section would designate the short title of the bill as
the ``Coordinated Ocean Monitoring and Research Act.''
Section 2. Purposes.
This section would amend the Act of 2009 to add a
requirement to sustain IOOS after its establishment. It would
add modeling capabilities and product development to the
system. It would add a requirement to provide easy access to
data and promote data sharing between Federal and non-Federal
sources, and with the public. It would add a requirement to
monitor and model ocean chemistry. It would include advanced
observing technologies needed to address critical data gaps to
the list of authorized activities. It also would make technical
corrections to the names of Observing System Components.
Section 3. Definitions.
This section would amend the Act of 2009 to define
``Federal assets'' as being managed through the Regional
Coastal Observing Systems (RCOS), NOAA, or the IOOC. It would
add tribal to the list of coordinating interests. It also would
make technical corrections.
Section 4. Integrated Coastal and Ocean Observation System.
This section would amend the Act of 2009 to require that
IOOS include a product development system to transform
observations to easily used and understood products. 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 make data available for research and for use in product
development to meet societal needs. It would require the 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. It would add a requirement that this report
define protocols for collection, configuration standards, and
formats for new and existing assets within the IOOS network.
It would require the establishment of contract requirements
for RCOS. It would require the periodic review of the system
plan and submission of recommendations for improvements. It
would add a requirement to operate the IOOS program office
within NOAA, and to maintain the established competitive
funding process and administrative procedures. It would require
periodic updates of the plan to integrate new technology into
the system. It would require that NOAA 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. It would allow
employees of Federal agencies to be members of the RCOS
governing body. It 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 would allow the Secretary of
Commerce to stagger the terms of system advisory committee
members. It would make technical corrections to the names of
Observing System Components.
Section 5. Interagency financing and agreements.
This section would amend the Act of 2009 to allow the
Secretary of Commerce to execute agreements on a reimbursable
or non-reimbursable basis.
Section 6. Reports to Congress.
This section would amend the Act of 2009 to add a summary
of existing gaps in observation infrastructure to an existing
report to Congress.
Section 7. Public-private use policy.
This section would amend the Act of 2009 to 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 8. Repeal of independent cost estimate.
This section would amend the Act of 2009 to strike the
requirement for the IOOC and the National Science Foundation
(NSF) to obtain an independent cost estimate for operations and
maintenance of existing IOOS assets.
Section 9. Authorization of appropriations.
This section would amend the Act of 2009 to authorize such
sums as are necessary for appropriations through FY 2019.
Section 10. Reports and research plans.
This section would amend section 12404(c) of the Federal
Ocean Acidification Research And Monitoring Act of 2009 (33
U.S.C. 3703(c)) to require the JSOST of the National Science
and Technology Council to submit an economic vulnerability
report and a monitoring prioritization plan to the appropriate
committees of Congress.
Section 11. Strategic research plan.
This section would amend section 12405(b) of the Federal
Ocean Acidification Research And Monitoring Act of 2009 (33
U.S.C. 3704(b)) to require the strategic research plan to make
recommendations for research to address key knowledge gaps
identified in the economic vulnerability report.
Section 12. Stakeholder input on monitoring.
This section would amend section 12406(a) of the Federal
Ocean Acidification Research And Monitoring Act of 2009 (33
U.S.C. 3705(a)) to add a requirement for the JSOST to include
an ongoing mechanism to allow industry, stakeholders, fishery
management councils and commissions, resource managers, and
scientific experts to provide input on monitoring needs.
Section 13. Research activities.
This section would amend section 12407(a) of the Federal
Ocean Acidification Research And Monitoring Act of 2009 (33
U.S.C. 3706(a)) to include the impacts of multiple stressors
among the list of research activities for which the Director of
NSF shall continue to support competitive research proposals.
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):
INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM ACT OF 2009
[33 U.S.C. 3601 et seq.]
[SEC. 12302. PURPOSES.
[33 U.S.C. 3601]
[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; and
(F) to monitor and model changes in ocean
chemistry;
(2) to improve the Nation's capability to measure,
track, observe, understand, 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) 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 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.
SEC. 12303. DEFINITIONS.
[33 U.S.C. 3602]
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 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.--The
term ``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.] the regional
coastal observing systems, the National Oceanic and
Atmospheric Administration, or 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.
SEC. 12304. INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM.
[33 U.S.C. 3603]
* * * * * * *
(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) data management, communication, and
modeling systems for the timely integration and
dissemination of data and information products
from the System;
(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, 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 and ocean 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 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.
(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[.] or research and for use
in the development of products to address societal
needs.
(4) [Non-Federal] coordination of non-federal
assets.--Non-Federal assets shall be coordinated, as
appropriate, by the Interagency Ocean Observing
Committee, the regional coastal observing system, or by
regional information coordination entities.
(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 chapter 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 information
coordination entities, 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 Integrated Ocean
Observing 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 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;
(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
activities of 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--
(I) that utilizes, to the
extent necessary, personnel
from member agencies
participating on 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
information coordination entities, to
support the purposes of this chapter 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
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
associations;
(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 Observing
Committee;
(x) develop and be responsible for a
data management and communication
system, in accordance with standards
and protocols established by the
Interagency Ocean Observing 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 Observing 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 chapter 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 operated by a Regional Association
described in the System Plan 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 via
the Program Office established
under paragraph (3)(C)(i);
(v) develops and operates 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;
(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
title, 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 information coordination entities.
(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
regional associations;
(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 autonomous
underwater and surface vehicles for
deployment and data integration to
fulfill the purposes of the Act;
(iii) an integrative survey program
for application of manned and unmanned
vehicles to the real-time or near real-
time collection and transmission of
seafloor, 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 Integrated Ocean Observing System
into hydrodynamic models;
(v) integrated, multistate monitoring
to assess sources, movement and fate of
sediments in coastal regions;
(vi) a multiregion marine sound
monitoring system to be--
(I) planned in consultation
with the International Ocean
Observing 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 has
the ability to 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.
(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) 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,] Regional 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.
* * * * * * *
SEC. 12305. INTERAGENCY FINANCING AND AGREEMENTS.
[33 U.S.C. 3604]
[(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.--To carry out interagency activities under
this subtitle, the Secretary of Commerce may execute an
agreement, on a reimbursable or nonreimbursable basis, with any
State or subdivision thereof, any Federal agency, or any public
or private organization, or individual to carry out interagency
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. 12307. REPORT TO CONGRESS.
[33 U.S.C. 3606]
[(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,
2009, and every 3 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.--Each report required by 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) 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) 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, and;
(D) ocean chemistry monitoring;
(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 information coordination
entities 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.
[SEC. 12308. PUBLIC-PRIVATE USE POLICY.
[33 U.S.C. 3607]
[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 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
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 communities, and the private sector in
providing the end-user communities environmental information,
data products, technologies, and services related to the
System.
[SEC. 12309. INDEPENDENT COST ESTIMATE.
[33 U.S.C. 3608]
[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. 12311. AUTHORIZATION OF APPROPRIATIONS.
[33 U.S.C. 3610]
There are authorized to be appropriated to the Secretary of
Commerce for fiscal years 2009 through [2013] 2019 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.
FEDERAL OCEAN ACIDIFICATION RESEARCH AND MONITORING ACT OF 2009
[33 U.S.C. 3701 et seq.]
SEC. 12404. INTERAGENCY SUBCOMMITTEE.
[33 U.S.C. 3703]
* * * * * * *
(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 Monitoring and Research Act, and every 5
years thereafter, the Subcommittee shall
transmit to 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 Integrated Ocean Observing
System assets, including buoys and
gliders, 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 Act.
(B) Form of report.--
(i) Initial report.--The initial
report required by subparagraph (A)
shall include the information described
in clauses (i) through (ix) on a
national level.
(ii) Subsequent reports.--Each report
required by 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 by 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 often than once
during each 5-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 and
the Committee on Science, Space, and Technology
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 required by 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--
(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.
[33 U.S.C. 3704]
* * * * * * *
(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 economic vulnerability report conducted under
section 12404(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
autonomous floats.
(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 combined effects of
changes in ocean chemistry, sediment delivery, hypoxia,
and harmful algal blooms and the impact these processes
have on each other, and how these multiple stressors
impact living marine resources 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.
* * * * * * *
SEC. 12406. NOAA OCEAN ACIDIFICATION ACTIVITIES.
[33 U.S.C. 3705]
(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
potentially affected industry members, 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.
SEC. 12407. NSF OCEAN ACIDIFICATION ACTIVITIES.
[33 U.S.C. 3706]
[(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,
observatories 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;
(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]