[Senate Report 110-217]
[From the U.S. Government Publishing Office]
110th Congress
1st Session SENATE Report
110-217
_______________________________________________________________________
Calendar No. 466
COASTAL AND OCEAN OBSERVATION
SYSTEM ACT OF 2007
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND
TRANSPORTATION
on
S. 950
November 2, 2007.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred tenth congress
first session
DANIEL K. INOUYE, Hawaii, Chairman
TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West JOHN McCAIN, Arizona
Virginia TRENT LOTT, Mississippi
JOHN F. KERRY, Massachusetts KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California GORDON H. SMITH, Oregon
BILL NELSON, Florida JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey JIM DeMINT, South Carolina
MARK PRYOR, Arkansas DAVID VITTER, Louisiana
THOMAS CARPER, Delaware JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
Margaret Cummisky, Staff Director and Chief Counsel
Lila Helms, Deputy Staff Director and Policy Director
Jean Toal Eisen, Senior Advisor and Deputy Policy Director
Christine Kurth, Republican Staff Director and General Counsel
Paul J. Nagle, Republican Chief Counsel
Calendar No. 466
110th Congress Report
SENATE
1st Session 110-217
======================================================================
COASTAL AND OCEAN OBSERVATION SYSTEM ACT OF 2007
_______
November 2, 2007.--Ordered to be printed
_______
Mr. Inouye, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 950]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 950) to develop and maintain an
integrated system of coastal and ocean observations for the
Nation's coasts, oceans, and Great Lakes, to improve warnings
of tsunami, hurricanes, El Nino events, and other natural
hazards, to enhance homeland security, to support maritime
operations, to improve management of coastal and marine
resources, 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. 950, the Coastal and Ocean Observation
System Act of 2007, is to establish a national, integrated
coastal and ocean observing system that will collect, compile,
and make available data on ocean conditions of the Nation's
coasts, oceans, and Great Lakes. The bill also aims to improve
warnings of tsunami, hurricanes, El Nino events, and other
natural hazards, to enhance homeland security, to support
maritime operations, and to improve management of coastal and
marine resources.
BACKGROUND AND NEEDS
Advances in our knowledge and management of coastal and
ocean resources are limited by a lack of real-time,
standardized, and accessible data 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) has
emphasized that programs throughout the agency often do not
have the basic environmental data they need to create effective
models or conduct analyses used in the management process. NOAA
and other agencies also need long-term oceanographic databases
to effectively monitor changes in the environment, such as El
Nino events, the North Atlantic Oscillation, the Pacific
Decadal Oscillation, global climate change, ocean
acidification, harmful algal blooms, and other marine ecosystem
impacts.
The U.S. Commission on Ocean Policy (the Commission)
emphasized the importance of expanding and integrating coastal
and ocean observation systems around the Nation. In Chapter 26,
``Achieving a Sustained, Integrated Ocean Observing System,''
of its September 2004 final report, the Commission offered 13
specific recommendations on developing, funding, implementing,
and utilizing a nationwide ocean observation system and linking
this with other national and international environmental
monitoring programs. Additionally, scores of other Commission
recommendations related to ocean data and information needs
also support the need for an integrated, national ocean
observation system. The Commission's recommendations align with
those of the National Ocean Research Leadership Council (the
Council), which includes the leadership of NOAA, the Navy, the
National Aeronautics and Space Administration (NASA), and the
National Science Foundation (NSF). The Council has called for
the full implementation of an integrated and sustained ocean
observing system by 2010.
Coastal and ocean data are also needed to satisfy the
marine conservation, research, and management activities
established in statutes such as the Coastal Zone Management
Act, the Harmful Algal Bloom and Hypoxia Research and Control
Act, the Marine Protection, Research, and Sanctuaries Act, and
other legislation related to oceans, fisheries, and atmospheric
sciences and management. A number of mandates explicitly or
implicitly require routine ocean observations. For example,
Title V of the Marine Protection, Research, and Sanctuaries Act
requires the Environmental Protection Agency and NOAA to
administer a national coastal water quality monitoring program.
Further, the Coastal Zone Management Act of 1972 created the
National Estuarine Research Reserve System that includes
monitoring the status and trends in coastal ecosystem health.
Data on marine ecosystems are also required for effective
enforcement of the Endangered Species Act of 1973 and the
Marine Mammal Protection Act of 1972.
A national, integrated coastal and ocean observation system
would provide a continuous stream of near real-time data for
oceanographic parameters of national priority; develop
standards and protocols for data transfer and archiving; and
improve linkages between regional observing systems to
facilitate coverage around the United States. Scientific
experts have testified on the importance of a national
observing system for predicting, monitoring, and evaluating the
impacts of climate change on coastal and ocean ecosystems. A
national system would provide the Coast Guard with real-time
information on sea-state conditions that it could use to
determine when and how to conduct its many missions. This would
be especially applicable in planning search-and-rescue
missions. Observing systems also would provide the Navy with
information to support core Navy missions, including
development of improved sensor technologies and predictive and
tactical models for littoral environments.
Information generated by this system could provide advanced
warning of hazardous coastal and ocean conditions to State
managers and potentially affected communities. For example,
when a tsunami or hurricane occurs, information from tsunami
detection buoys could be combined with wave height indicators
and tidal gauges in the observing system to track destructive
wave patterns, thereby helping communities minimize loss of
life and property. Several other types of information products
generated by the coastal and ocean observing system could help
coastal communities prepare for a range of potentially harmful
ocean conditions and take steps to minimize their losses.
This system has the potential to provide economic and
ecological benefits for other coastal and ocean activities as
well. For example, fisheries scientists and managers could use
the data to predict biological productivity which would
facilitate ecosystem-based management. Fishermen and mariners
could better predict sea conditions for safe navigation and
transport. Ocean scientists and regulators could better
understand, predict, and rapidly respond to the distribution
and impacts of marine pollution, harmful algal blooms, or other
hazardous conditions. Educators and students could learn more
about basic functions and processes of the marine environment.
Independent regional ocean observation systems, such as the
Gulf of Maine Ocean Observing System (GoMOOS), the Alaska Ocean
Observing System, and dozens of other current and planned
systems around the coastline of the United States have
attempted to fill these information needs on a regional basis.
The GoMOOS, for example, is a prototype system of integrated
ocean observing devices (buoys, radar, satellites, etc.) that
are linked to provide real-time ocean data collection via the
Internet so that ocean prediction models and systems can be
developed--a process similar to that utilized in weather
forecasting. Other regional systems are being developed to meet
local or project-based research needs, collecting different
types of data in a variety of ways and using various approaches
for organizing, managing, and communicating these data.
These regional efforts have developed in an ad hoc,
fragmented manner, limiting the uniformity, consistency, and
compatibility of data among systems. NOAA and other users of
coastal and ocean 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. Regional systems are also limited
by uneven and unpredictable funding, which reduces their
ability to meet their own basic needs.
Once established, this coastal and ocean 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 coastal and ocean policies, and
provide information to raise public awareness of our oceans.
The economic impact of an integrated national coastal and
ocean observing system is difficult to quantify, but studies to
date indicate that it would generate significant cost savings
in the long-term. The Commission estimated that such a system
would cost $138 million to formally establish and $500 million
to maintain annually. By comparison, approximately $700 million
is provided annually to the National Weather Service for
similar information and products for weather and atmospheric
phenomena. The expected economic return is significant; for
example, an economic impact study that evaluated the GoMOOS
system estimated that it saved the regional economy at least $6
for every $1 invested. Additionally, the Commission noted that
the estimated value of El Nino forecasts reaches $1 billion
annually.
SUMMARY OF PROVISIONS
The Coastal and Ocean Observation System Act of 2007 would
build on the existing Federal observing backbone to establish a
coastal and ocean observing program that would produce
continuous and comprehensive ocean observations in the United
States, including the Great Lakes. It would incorporate NOAA's
weather buoys, tide gauges, tsunami detection buoys, and real-
time observing partnerships such as the Physical Oceanographic
Real-Time System. It would also support and coordinate the
ocean data collection systems around the country and formalize
the relationship with the Federal Government.
The bill would authorize the President, acting through the
Council, to create and oversee an integrated ocean observing
system to provide long-term, continuous, and quality-controlled
observations of the Nation's coasts, oceans, and Great Lakes.
The program would consist of federally-certified regional
associations that collect data on key variables, disseminate
information, and apply results to national priorities. The
Council would serve as the oversight body for the design and
coordination of all aspects of the observing system. Created by
the fiscal year 1997 National Defense Authorization Act
(Conference Report 104-724), the Council consists of the heads
of fifteen Federal agencies involved in conducting or funding
ocean research or developing ocean research policy. The
Council's Chair and Vice Chair are selected by a committee
composed of, at a minimum, the Secretary of the Navy, the
Administrator of NOAA, the Director of NSF, and the current or
sitting Chair and Vice Chair, and appointed with the
concurrence of the full Council membership.
The Council would establish an Interagency Ocean
Observation Committee (IOOC) to carry out the program's
planning, budgeting, and implementation. The IOOC would also be
responsible for setting national standards for the observing
system. The IOOC would be comprised of representatives of the
Federal agencies responsible for coastal and ocean management,
including NOAA, NASA, and NSF. To assist in carrying out the
daily operations of the IOOC, the bill would establish an
Interagency Program Coordinating Office housed within the
Department of Commerce and staffed by employees of agencies
represented on the IOOC.
The bill would also establish a distinct leadership role
for NOAA in the implementation of the ocean observing program.
Working with the Council, the IOOC, and other Federal agencies,
NOAA would manage the data and communication elements of the
program and administer a merit-based funding process for the
regional associations and other participants in the program.
NOAA would also establish a certification process for the
regional associations using standards developed by the IOOC.
S. 950 would authorize $150 million to NOAA for each of
fiscal years 2008 through 2010 and $175 million to NOAA for
each of the fiscal years 2011 and 2012. At least 50 percent of
this funding would be allocated to the regional associations
for implementing and operating regional elements of the coastal
and ocean observation system.
LEGISLATIVE HISTORY
S. 950 was introduced in the Senate by Senator Snowe on
March 21, 2007, with Senators Cantwell, Inouye, Stevens, Boxer,
Cardin, Kerry, Menendez, Collins, Lautenberg, Lott, Feinstein,
Nelson of Florida, and Murkowski as original cosponsors.
Senator Wyden subsequently signed on as a cosponsor. The bill
was referred to the Senate Committee on Commerce, Science, and
Transportation. On June 27, 2007, the Committee considered a
managers' substitute amendment to this bill in an open
executive session. The Committee, without objection, ordered S.
950 be reported favorably as amended.
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:
July 30, 2007.
Hon. Daniel K. Inouye,
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. 950, the Coastal and
Ocean Observation System Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Deborah
Reis and David Reynolds.
Sincerely,
Peter R. Orszag.
Enclosure.
S. 950--Coastal and Ocean Observation System Act of 2007
Summary: S. 950 would direct the National Ocean Research
Leadership Council to develop and operate an integrated coastal
and ocean observation system, including programs for ocean
monitoring, data analysis, public education, and research. For
this purpose, the bill would authorize the appropriation of
$800 million over the 2008-2012 period. The council, which was
established in 1996, includes the National Oceanic and
Atmospheric Administration (NOAA), the Navy, the National
Science Foundation (NSF), 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. 950 would cost $700 million over
the 2008-2012 period and $100 million after 2012. Enacting the
legislation would not affect direct spending or revenues.
S. 950 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. 950 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--
---------------------------------------
2008 2009 2010 2011 2012
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level............. 150 150 150 175 175
Estimated Outlays............... 80 130 150 160 180
------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
950 will be enacted near the start of 2008 and that the
authorized amounts will be appropriated for each year.
Estimated outlays are based on historical spending patterns for
NOAA programs.
The legislation would direct the National Ocean Research
Leadership Council to establish a new national system for
collecting information and monitoring oceanic and coastal
ecosystems and resources, including related research,
education, and analysis. NOAA would lead the implementation of
the system in consultation with the council and other federal
agencies. The bill would authorize the appropriation of $150
million a year for fiscal years 2008 through 2010 and $175
million a year for fiscal years 2011 and 2012 for those new
activities.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing the bill would cost $700 million
over the 2008-2012 period and an additional $100 million after
2012.
Intergovernmental and private-sector impact: S. 950
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 and David
Reynolds; Impact on State, Local, and Tribal Governments: Leo
Lex; Impact on the Private Sector: Justin Hall.
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 reported bill would require the development of a
national, integrated coastal and ocean observation system that
would 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 8 of the reported bill would authorize $150 million
for each of fiscal years 2008 through 2010 and $175 million for
each of fiscal years 2011 and 2012 in appropriations to NOAA
for the development and implementation of the national coastal
and ocean observation system. It would authorize at least 50
percent of these sums to be allocated to the regional
associations certified under section 4(f) for implementation of
regional coastal and ocean observing systems. Considering the
potential cost savings and economic return on a fully
functional coastal and ocean 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. 950 would not impose any new paperwork requirements on
private citizens, businesses, or other entities that do not
choose to participate in a regional coastal and ocean
observation association; representatives of entities choosing
to participate in these associations may be subject to some
additional paperwork requirements.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This section would cite this bill as the ``Coastal and
Ocean Observation System Act of 2007.''
Section 2. Findings and purposes
The findings and purposes would recognize that a sustained
and integrated coastal, ocean, and Great Lakes observing system
provides vital ocean information for myriad regional and
national needs and that coordination with a network of the
regional associations to operate and maintain the observing
system would ensure the fulfillment of these objectives.
Section 3. Definitions
This section would define ``Administrator'' as the
Administrator of NOAA; ``Council'' as the National Ocean
Research Leadership Council; ``Interagency Ocean Observation
Committee'' as described in section 4(d); ``National
Oceanographic Partnership Program'' as the program established
under section 7901 of title 10, United States Code; ``Observing
System'' as the integrated system established under section
4(a); and ``Secretary'' as the Secretary of Commerce for the
purposes of this bill.
Section 4. Integrated coastal and ocean observing system
(a) Establishment.--This subsection would direct the
President, acting through the Council, to establish and
maintain an integrated system of coastal and ocean
observations, data communication and management, analysis,
modeling, research, education, and outreach. The observing
system would provide long-term, continuous, quality-controlled
data and information for the timely monitoring and prediction
of changes in coastal, ocean, and Great Lakes environments that
impact social, economic, and ecological systems. The purposes
of the observing system include: understanding the effects of
human activities and natural variability on coasts, oceans, and
Great Lakes; monitoring key variables such as temperature,
salinity, and acidity; measuring and predicting climatic and
environmental changes; protecting lives and livelihoods from
natural and manmade hazards; supplying critical information to
marine-related businesses and aiding marine navigation and
safety; supporting national defense and homeland security;
supporting sustainable use and protection of coastal, ocean,
and Great Lakes resources; supporting protection of critical
coastal habitats, unique ecosystems, and resources; educating
the public about the oceans and Great Lakes; and supporting
research and development to improve the observing system.
(b) System Elements.--This subsection would specify that the
observation system include the following five elements: (1) a
national program to fulfill national and international
observation priorities; (2) a network of the regional
associations to manage regional observation programs; (3) a
data management and communication system for timely integration
and dissemination of data and information products; (4) a
research and development program under the guidance of the
Council including basic and applied research; and (5) an
outreach, education, and training program augmenting existing
programs such as the National Sea Grant College Program, the
Centers for Ocean Sciences Education Excellence, and the
National Estuarine Research Reserve System.
(c) Council Functions.--This subsection would specify that
the Council shall serve as the oversight body for the design
and implementation of the observing system; adopt plans,
budgets, and standards developed by the IOOC in consultation
with the regional associations; coordinate with other earth
observing activities; coordinate and approve research,
development, education, and outreach programs in support of the
observing system; promote technology and methods to improve the
observing system; support institutional mechanisms and
financial instruments to further program goals and provide for
infrastructure capitalization; provide support for and
representation of U.S. delegations to international meetings on
observing programs; and coordinate activities with other
nations.
(d) Interagency Ocean Observation Committee.--This subsection
would direct the Council to establish an IOOC responsible for
program planning and coordinating the implementation of the
observing system. The IOOC would prepare annual and long-term
design and implementation plans. These plans would promote
collaboration between Federal agencies and the regional
associations and identify a core set of variables to be
measured by all systems. The IOOC would also coordinate the
development of agency and regional association priorities and
budgets; establish and refine data collection, management, and
communication standards and protocols in consultation with
Federal agencies and the regional associations; establish a
process for assuring compliance with set standards and
protocols including quality control standards; integrate,
improve, and extend existing programs and research projects;
ensure the regional associations are integrated into the system
on a sustained basis; provide for advances in science and
technology to move from research and development to operational
deployment; and perform other duties as delegated by the
Council.
This subsection also establishes an Interagency Program
Coordinating Office, staffed by employees of the agencies
represented on the Interagency Ocean Observation Committee, and
tasked with facilitating and executing day-to-day operations to
meet the Committee's responsibilities.
(e) Role of NOAA.--This subsection would direct NOAA to
provide leadership for implementing and administering the
observing system, in consultation with the Council, the IOOC,
other Federal agencies maintaining portions of the observing
system, and the regional associations. NOAA's responsibilities
would include establishing an Integrated Ocean Observing
Program Office; establishing and implementing procedures for
allocation of funds through competitive contracts, grants,
leases, or cooperative agreements to carry out this act;
developing and implementing a process for certification and
review of the regional associations meeting the requirements of
subsection (f); and developing a data management and
communication system for all observing system data.
(f) Regional Associations of Coastal and Ocean Observing
systems.--This subsection would authorize the Secretary,
through rulemaking, to establish a process for the
certification of the regional associations. A regional
association would need to meet the certification standards
developed by the IOOC in conjunction with the regional
associations and approved by the Council that would require an
organizational structure capable of supporting all aspects of
the observing system, and a strategic plan that would detail
the operation and support of the regional observing system. The
regional associations would also be required to work with
governmental entities and programs to provide information
products of the observing system to multiple users in the
region.
(g) Civil Liability.--This subsection would specify that, for
the purposes of determining tort liability related to the
dissemination and use of data, any coastal and ocean observing
system that is a designated part of a certified regional
association and carrying out the purposes of this act shall be
considered to be part of NOAA, and any employee operating
within the scope of his or her employment shall be deemed to be
an employee of the Federal Government.
Section 5. Process for transition from research to operation
This section would direct NOAA, in consultation with the
Council, to formulate a process by which funding is made
available for research on and rating of new technologies for
ocean data collection. These technologies shall include
accelerated research into biological and chemical sensing
techniques (including satellite sensors) and development of
technologies to improve all aspects of the observing system.
Under this process, funding would be made available to
integrate proven ocean observation technology into the
operational system.
Section 6. Interagency financing
This section would specify that agencies represented on the
Council are authorized to participate in interagency financing
and share, transfer, receive, obligate, and expend funds
appropriated to any agency represented on the Council to carry
out any administrative or programmatic activity under this act.
Section 7. Application with other laws
This section would provide that noting in this act would
supersede or limit the authority of any agency to carry out its
responsibilities and missions under other laws.
Section 8. Authorization of appropriations
This section would authorize $150 million for each of fiscal
years 2008 through 2010 and $175 million for each of fiscal
years 2011 and 2012 to NOAA for implementing the systems and
programs authorized by this act. At least 50 percent of these
authorized funds would be allocated to the regional
associations certified under subsection 4(f) for implementation
of coastal and ocean observing systems at the regional level.
Section 9. Implementation plan
This section would require the Secretary to submit to
Congress a plan for implementation of this act no later than 12
months after enactment. The report would include information
for coordinating activities under this act with other Federal
agencies and distributing funds to the regional associations.
Section 10. Report to Congress
This section would require the Administration to prepare a
report for the President. Acting through the Council, the
President would review, approve, and transmit the report every
two years. The report, prepared by the Administrator of NOAA,
shall include a description of activities, evaluation of
effectiveness, and benefits resulting from the observing
system. It shall also contain recommendations for modifying and
funding the observing system, as well as the results of a
periodic, external, independent audit of the system.
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.