[Senate Report 108-171]
[From the U.S. Government Publishing Office]
Calendar No. 319
108th Congress Report
SENATE
1st Session 108-171
_______________________________________________________________________
Calendar No. 319
OCEAN AND COASTAL OBSERVATION SYSTEMS ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1400
DATE deg.October 23, 2003.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eighth congress
first session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
FRANK LAUTENBERG, New Jersey
Jeanne Bumpus, Staff Director and General Counsel
Ann Begeman, Deputy Staff Director
Robert W. Chamberlin, Chief Counsel
Kevin D. Kayes, Democratic Staff Director and Chief Counsel
Gregg Elias, Democratic General Counsel
(ii)
Calendar No. 319
108th Congress Report
SENATE
1st Session 108-171
======================================================================
OCEAN AND COASTAL OBSERVATION SYSTEMS ACT
_______
October 23, 2003.--Ordered to be printed
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1400]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1400) to develop a system that
provides for ocean and coastal observations, to implement a
research and development program to enhance security at United
States ports, to implement a data and information system
required by all components of an integrated ocean observing
system and related research, and for other purposes, 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. 1400, the Oceans and Coastal Observation
Systems Act, is to establish a national, integrated ocean and
coastal observing system that will collect, compile, and make
available data on ocean conditions in the United States
Exclusive Economic Zone, including the Great Lakes.
Background and Needs
Advances in ocean and coastal science, management, and use
are currently limited by a lack of real-time, comprehensive,
and accessible data on key environmental variables such as
temperature, currents, wind speed, wave height, salinity, and
dissolved oxygen. The National Oceanic and Atmospheric
Administration (NOAA) has emphasized that programs throughout
NOAA do not have the basic environmental data needed to create
effective models used in the management process. Additionally,
NOAA and other agencies need long term oceanographic databases
to effectively monitor cyclical changes in the environment,
such as El Nino events and global climate change. To meet these
data needs, the National Ocean Research Leadership Council
(NORLC), consisting of the leadership of the NOAA, the Navy,
the National Aeronautics and Space Administration (NASA), and
the National Science Foundation (NSF), has called for the full
implementation of an integrated and sustained ocean observing
system by 2010.
A number of statutory mandates explicitly or implicitly
require routine ocean observations. For example, the Marine
Protection, Research, and Sanctuaries Act, title V, requires
the Environmental Protection Agency (EPA) and the NOAA to
administer a national coastal water quality monitoring program.
Further, the Coastal Zone Management Act of 1972 created the
National Estuarine Research Reserves System that includes a
requirement to monitor the status and trends in coastal
ecosystem health. Data on marine ecosystems also are required
for effective enforcement of the Endangered Species Act of 1973
and the Marine Mammal Protection Act of 1972.
Regional ocean observation systems such as the Gulf of Maine
Ocean Observing System (GoMOOS), the Gulf of Alaska Ecosystem
Monitoring and Research Program, and dozens of other current
and planned systems around the United States coastline have
attempted to fill these information needs on a regional basis.
GoMOOS, for example, is a prototype system of integrated ocean
observing devices (buoys, radar, satellites, etc.) that are
linked to provide for real-time ocean data collection via the
internet so that ocean prediction models and systems can be
developed, similar to how weather predictions are made. Other
regional systems are being developed to meet local or project-
based research needs, collecting different types of data in
different ways and using various approaches for organizing,
managing, and communicating these data.
As a result of these regional efforts developed in an ad hoc,
fragmented manner, the uniformity, consistency, and
compatibility of data among systems are limited. NOAA and other
users of ocean and coastal data are unable to link these
systems, thereby losing a valuable opportunity to develop a
comprehensive picture of coastal, ocean, and Great Lakes
conditions around the nation, as required by their many
mandates. Regional systems also are limited by uneven and
unpredictable funding constraints, which further limit their
ability to meet their own basic needs.
To overcome these challenges, regional and national ocean
observation partners have worked together through Ocean.US to
promote a comprehensive, integrated, and nation-wide ocean and
coastal observation system. Ocean.US is an interagency ocean
observation office (with 12 Federal agencies represented)
created by the National Oceanographic Partnership Program to
coordinate the development of an operational, integrated, and
sustained ocean observing system. The Ocean and Coastal
Observation System to be established by S. 1400 would build
upon the activities and implement the recommendations of
Ocean.US.
The Ocean and Coastal Observation Systems Act would further
advance and better coordinate the ocean data collection systems
around the country and formalize their long-term relationship
with the Federal government. The goal of this bill is to
establish an ocean observing program that would produce
continuous and comprehensive ocean observations in the United
States Exclusive Economic Zone, including the Great Lakes. With
continued funding and administration support, managers of the
ocean and coastal observation system would: (1) provide a
continuous stream of near real-time data for oceanographic
parameters of national priority; (2) develop standards and
protocols for data transfer and archiving; and (3) improve
linkages between regional observing systems to facilitate
coverage around the continental United States.
An integrated and institutionalized ocean and coastal
observing system would provide NOAA with critical nation-wide
environmental data (including currents; nutrient flows; coastal
flooding or erosion; presence of pathogens and contaminants;
larval transport patterns; and other physical, chemical, and
biological information) that can be utilized to improve
fisheries modeling and management, coastal planning, harmful
algal blooms and hypoxia management and mitigation, prediction
of climate change, and other marine ecosystem activities. All
of these functions support and supplement other legislative
mandates established in the Coastal Zone Management Act, the
Harmful Algal Bloom and Hypoxia Research and Control Act, and
other legislation related to fisheries and atmospheric science.
In addition, this national system would provide the Coast
Guard with real-time information on sea-state conditions that
they could use to determine when and how to conduct their many
missions, and it would be especially applicable in determining
how to carry out search-and-rescue activities. Observing
systems would also provide the Navy with detailed observations
to support core Navy missions, including development of
improved sensor technologies and predictive and tactical models
for littoral environments.
Applications of this program would extend to multiple sectors
of the general public, as user-friendly products based on these
ocean and coastal data are intended to be easily and freely
accessible to anyone seeking the data. For example, fisheries
scientists and managers could use the information to predict
ocean conditions linked to productivity and incorporate this
information into their management system. Fishermen, sailors,
and others who traverse the ocean could better predict sea
conditions to know when and where to go out safely, and
shippers could transport goods more efficiently. Ocean
scientists and regulators could better understand, predict, and
rapidly respond to the distribution and impacts of marine
pollution. Educators and students could learn more about how
and why oceans function as they do.
Once established, this ocean and coastal observation system
would help improve weather forecasting, promote understanding
of global change processes, enhance safety and efficiency of
marine operations, facilitate research, improve management of
marine and coastal ecosystems, strengthen homeland security,
reduce public health risks, sustain living marine resources,
evaluate effectiveness of ocean and coastal policies, and
provide information to raise public awareness of oceans.
Legislative History
S. 1400 was introduced on July 14, 2003, by Senators Snowe,
Kerry, McCain, Hollings, Inouye, and Breaux. Additional co-
sponsors include Senators Collins, Lott, and Boxer. It was
referred to the Senate Committee on Commerce, Science, and
Transportation. On July 17, 2003, the bill was considered by
the Committee in an open executive session. The Committee,
without objection, ordered S. 1400 be reported with an
amendment in the nature of a substitute.
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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 4, 2003.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1400, the Ocean and
Coastal Observation Systems Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 1400--Ocean and Coastal Observation Systems Act
Summary: S. 1400 would authorize appropriations for fiscal
years 2004 through 2008 for an integrated system of ocean
monitoring, data analysis, and research. The system would be
developed and operated by the National Oceanic and Atmospheric
Administration (NOAA), the Navy, the National Science
Foundation, the National Aeronautics and Space Administration,
the U.S. Coast Guard, and other federal agencies.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S. 1400 would cost the federal
government $65 million in 2004 and $885 million over the 2004-
2008 period. (About $300 million would be spent in 2009.) We
estimate that enacting the bill would not affect direct
spending or revenues.
The bill 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 impact of S. 1400 is shown in the following table.
The costs of this legislation fall within budget functions 050
(national defense), 250 (general science, space, and
technology), 300 (natural resources and environment), and 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization level................................................ 216 226 237 248 257
Estimated outlays.................................................. 65 120 210 230 260
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
amounts authorized by the legislation will be appropriated for
each fiscal year and the outlays will follow historical
spending patterns for similar activities. S. 1400 would specify
funding levels for five specified federal agencies that would
be involved with this project, totaling $201 million for 2004,
$211 million for 2005, $222 million for 2006, $233 million for
2007, and $242 million for 2008. In addition, the bill would
authorize the appropriation of $15 million annually over the
same period for other federal agencies that operate or support
coastal or ocean monitoring systems. Finally, S. 1400 would
direct NOAA to use at least 51 percent of the funding it would
receive under the bill for grants for regional coastal
observing systems.
Intergovernmental and private-sector impact: S. 1400
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: Deborah Reis. Impact
on State, Local, and Tribal Governments: Marjorie Miller.
Impact on the Private Sector: Paige Piper/Bach.
Estimate approved by: Peter H. Fontaine, 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
The bill would require the development of a national,
integrated ocean and coastal observation system that will
collect, compile, and make available data on ocean conditions.
It would not authorize any new regulations and, therefore,
would not subject any individuals or businesses to new
regulations.
ECONOMIC IMPACT
Section 5 of the reported bill would authorize $216,000,000
for fiscal year (FY) 2004, $226,150,000 for FY 2005,
$232,950,000 for FY 2006, $248,000,000 for FY 2007, and
$257,000,000 for FY 2008 for departments and agencies
represented on the NORLC for the development and implementation
of the national ocean and coastal observation system. These
funding levels are not expected to have an inflationary impact
on the nation's economy.
PRIVACY
The reported bill would not have any adverse impact on the
personal privacy of individuals.
PAPERWORK
S. 1400 would not impose any new paperwork requirements on
private citizens, businesses, or other entities that do not
choose to participate in a regional ocean and coastal
observation association; representatives of entities choosing
to participate in these associations may be subject to some
changes in the paperwork requirements of the program.
Section-by-Section Analysis
Section 1. Short Title
Section 1 states the title of the bill would be the ``Ocean
and Coastal Observation Systems Act.''
Section 2. Findings and Purposes
Section 2 includes several findings related to ocean
observations and the following purposes: to develop and
maintain an integrated system that provides for sustained ocean
and coastal observations; to implement a research and
development program to enhance security at United States ports;
and to implement a data and information system required by all
components of an integrated ocean observing system.
Section 3. Integrated Ocean and Coastal Observing System
Subsections (a) and (b) of section 3 would provide the
president with the authority to establish and maintain a marine
data monitoring and management system through the NORLC. The
NORLC would serve as the lead entity providing Federal
oversight. It would plan for the design, operation, and
improvement of the system, establish an interagency planning
office, coordinate and administer a research and development
program, establish a joint operations center that will be
maintained by NOAA, and provide representation on United States
delegations to international meetings.
Subsection (c) states that the interagency planning office
would promote collaboration among agencies and regional coastal
observing systems, prepare design and implementation plans for
the integrated ocean observing system, provide information for
agency budgets, identify common data measurement requirements,
establish standards and protocols for quality control and data
managemen, work with regional coastal entities and others to
assess user needs, develop products, and incorporate new
technologies, and coordinate program planning.
Subsection (d) states that the joint operations center would
manage technologies and provide support for planning
activities, implement standards and protocols for data access
and management, incorporate recent science and technological
advancements into operational deployment, integrate existing
programs into an operational observing system, coordinate the
data communication and management system, provide products and
services to users, certify systems that meet national standards
and ensure a review and recertification process for those
systems, and establish standards to ensure consistency among
system components.
Subsection (e) states that the integrated ocean observing
system would include a global ocean system to document global
trends, a national observation network to compile and link
regional and global data, and regional coastal observing
systems to collect information in a uniform manner. The
integrated system would link an observing subsystem of
chemical, physical, geological, and biological observations; an
ocean data management and assimilation subsystem; and a data
analysis and applications subsystem to translate data into
products and services. Additionally, the integrated system
would integrate the capabilities of the Coastal Services Center
and the National Coastal Data Development Center of NOAA as
well as and other appropriate centers.
Subsection (e) also states that a research and development
program would be conducted under the National Oceanographic
Partnership Program. It would include coastal, relocatable, and
cabled sea floor observatories, research products on the
relationship between oceans and human activities, applied
research to develop new observation technologies, large scale
computing resources for ocean modeling, and programs to improve
public education and awareness.
Subsection (f) provides that the joint operations center
would work with regional representatives to form regional
observation associations. The association participants may
include research institutions, institutions of higher learning,
for-profit or non-profit corporations, and State, local, and
regional agencies. The participants in the regional
associations would need to prepare a business plan and gain
regional acceptance to deliver an integrated system,
incorporate existing observations into the system, respond to
the regional user needs, maintain 24-hour-a-day operations,
provide timely data and information services, create
appropriate products, provide free and open data access, and
adhere to national standards and protocols.
Subsection (g) states that the joint operations center also
would initiate pilot projects, though the National Ocean
Partnership Program, to develop protocols for coordinated
system implementation, design and implement regional coastal
ocean observing systems, establish mechanisms for data exchange
between regions and agencies, specify products and services in
collaboration with user groups, and develop and test new
technologies to improve the three subsections. These pilot
projects would include projects to capitalize the data
infrastructure and projects to fund the collection of the
common set of observations approved by the planning office.
Section 4. Interagency Financing
Section 4 would authorize the departments and agencies
represented on the NORLC to participate in interagency
financing, which would allow them to share, transfer, receive,
and spend funds appropriated to other members of the NORLC to
carry out projects or activities under this Act or under the
National Oceanographic Partnership Program.
Section 5. Authorization of Appropriations
Section 5 would authorize appropriations for departments and
agencies represented on the NORLC for the development and
implementation of the national ocean and coastal observing
system as follows:
The National Oceanic and Atmospheric Administration
would be authorized $83,000,000 for FY 2004,
$87,250,000 for FY 2005, $91,500,000 for FY 2006,
$96,000,000 for FY 2007, and $100,000,000 for FY 2008.
Of these new funds authorized for NOAA, at least 51
percent would be for grants to develop and implement
regional coastal observing systems, and $3,000,000 in
FY 2004 may be allocated to demonstrate the
capabilities of shore-based high-frequency surface wave
radar.
The National Science Foundation would be authorized
$25,000,000 for FY 2004, $26,250,000 for FY 2005,
$27,500,000 for FY 2006, $29,000,000 for FY 2007, and
$30,500,000 for FY 2008.
The National Aeronautics and Space Administration
would be authorized $30,000,000 for FY 2004,
$31,500,000 for FY 2005, $33,000,000 for FY 2006, and
$34,750,000 for each of FYs 2007 and 2008.
The United States Coast Guard would be authorized
$8,000,000 for FY 2004, $8,400,000 for FY 2005,
$9,700,000 for FY 2006, $9,500,000 for FY 2007, and
$9,750,000 for FY 2008.
The Office of Naval Research would be authorized
$25,000,000 for FY 2004, $26,250,000 for FY 2005,
$27,500,000 for FY 2006, $29,000,000 for FY 2007, and
$30,500,000 for FY 2008.
The Office of the Oceanographer of the Navy would be
authorized $30,000,000 for FY 2004, $31,500,000 for FY
2005, $33,000,000 for FY 2006, $34,750,000 for FY 2007,
and $36,500,000 for FY 2008.
Other Federal agencies engaged in ocean and coastal-
related activities would be authorized a total of
$15,000,000, to be distributed among them as
appropriate, in each of FYs 2004 through 2008.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, the Committee states that the bill as
reported would make no change to existing law.