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                                                      Calendar No. 265
115th Congress     }                                    {       Report
                                 SENATE
 1st Session       }                                    {      115-186
_______________________________________________________________________



                                     

             COORDINATED OCEAN MONITORING AND RESEARCH ACT



                               __________




                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1425










[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]










               November 27, 2017.--Ordered to be printed

                                   ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

79-010                         WASHINGTON : 2017 


























       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred fifteenth congress
                             first session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota
 DEB FISCHER, Nebraska                RICHARD BLUMENTHAL, Connecticut
 JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
 DAN SULLIVAN, Alaska                 EDWARD J. MARKEY, Massachusetts
 DEAN HELLER, Nevada                  CORY A. BOOKER, New Jersey
 JAMES M. INHOFE, Oklahoma            TOM UDALL, New Mexico
 MIKE LEE, Utah                       GARY C. PETERS, Michigan
 RON JOHNSON, Wisconsin               TAMMY BALDWIN, Wisconsin
 SHELLEY MOORE CAPITO, West           TAMMY DUCKWORTH, Illinois
    Virginia
 CORY GARDNER, Colorado               MARGARETWOODHASSAN,NewHampshire
 TODD C. YOUNG, Indiana               CATHERINE CORTEZ MASTO, Nevada
                       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














                                                      Calendar No. 265
115th Congress     }                                    {       Report
                                 SENATE
 1st Session       }                                    {      115-186

======================================================================



 
             COORDINATED OCEAN MONITORING AND RESEARCH ACT

                                _______
                                

               November 27, 2017.--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. 1425]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1425) 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. 1425 is to reauthorize the Integrated 
Coastal and Ocean Observation System (ICOOS) Act of 2009 (Act 
of 2009). It also would encourage the national Integrated Ocean 
Observing System (IOOS) to increase modeling capabilities and 
product development, ensure data are easily used and understood 
to address societal needs in real time, and continue to 
increase interagency and private sector partnerships.

                          Background and Needs

    The Act of 2009 consolidated and coordinated the efforts of 
hundreds of Federal, State, and local ocean observing 
programs.\1\ Prior to the implementation of the Act of 2009, 
these programs collected, distributed, and archived the same 
types of ocean data (e.g., temperature and salinity) but with 
different formats and standards, which wasted time and 
resources. IOOS is a coordinated network of people and 
technology that generates and disseminates continuous data, 
information, models, products, and services on coastal waters, 
the Greats Lakes, and oceans in the U.S. Exclusive Economic 
Zone. The data consist of standardized and accessible 
information on key environmental variables such as temperature, 
salinity, sea level, surface currents, ocean color, pH, wind 
speed, wave height, dissolved oxygen, and nutrient, pathogen, 
and contaminant concentrations. The National Oceanic and 
Atmospheric Administration (NOAA) and other agencies need real-
time as well as long-term oceanographic databases to 
effectively monitor changes in the ocean, such as El Nino 
events, hypoxia, and harmful algal blooms.
    Data from IOOS provide the Nation with better predictions 
of hazardous events and help improve forecasting. IOOS data 
standards and protocols also allow information to be easily 
integrated into weather models, increasing accuracy.
    Each of the 11 regions of IOOS are, or are working to 
become, certified by the Federal Government as regional 
information coordination entities, which means their data are 
held to the highest standards that NOAA requires for decision 
making.\2\ IOOS is on track for full implementation by 2018.
    In addition to working as a cohesive unit nationally, each 
of the 11 regions tailors its work to address local needs. 
Among other missions, IOOS uses floats, gliders, and buoys 
deployed under IOOS to improve hurricane track, intensity, and 
impact forecasts in the Atlantic. IOOS data also are used to 
enhance the safety and efficiency of marine operations, 
including routing ships more cost-effectively through U.S. 
waterways.
    Furthermore, the Coast Guard uses high frequency radar data 
from IOOS to determine surface current speed and direction in 
near real time, improving the probability of saving lives and 
reducing search costs.\3\ IOOS data also are used to predict 
public health risks by monitoring water quality and harmful 
algal blooms, and are incorporated into ocean, marine, and 
coastal ecosystems research.\4\
    Table 1. Recent Budget Requests and Appropriations for IOOS 
in millions of dollars.\5\

------------------------------------------------------------------------
                                   Requested           Appropriated
------------------------------------------------------------------------
FY 2011                                   $28.6                    $28.6
------------------------------------------------------------------------
FY 2012                                   $29.4                    $29.4
------------------------------------------------------------------------
FY 2013                                   $35.1                    $35.1
------------------------------------------------------------------------
FY2014                                    $35.1                    $35.1
------------------------------------------------------------------------
FY 2015                                   $36.2                    $36.2
------------------------------------------------------------------------
FY 2016                                   $36.2                    $36.2
------------------------------------------------------------------------
FY 2017                                   $36.3                    $37.4
------------------------------------------------------------------------
FY 2018                                   $36.2        House bill: $37.5
                                                       Senate bill $40.2
------------------------------------------------------------------------

                                ------                                


---------------------------------------------------------------------------
    \1\33 U.S.C. Sec. 3601 et seq.
    \2\Integrated Ocean Observing System (IOOS), ``Certification: 
Extending the Reach of Regional Data,'' at https://ioos.noaa.gov/about/
governance-and-management/certification-extending-reach-regional-data/.
    \3\IOOS, ``HF Radar,'' accessed July 19, 2017, at https://
ioos.noaa.gov/project/hf-radar.
    \4\IOOS, ``IOOS in Action,'' accessed July 19, 2017, at https://
ioos.noaa.gov/ioos-in-action.
    \5\Appropriations for the ICOOS program were authorized for FY 2009 
through FY 2013 for ``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.''
    \\House Bill Report language funds $31 million for the regional 
observations, staff assuming about $5 for NOAA IOOS office which is 
consistent with recent in-house NOAA allocations.
    \\Senate Bill Report language funds $33.7 for regional 
observations, staff assuming about $6.5 for NOAA IOOS office which is 
consistent with recent in-house NOAA allocations.
---------------------------------------------------------------------------

                         Summary of Provisions

    The Coordinated Ocean Monitoring and Research Act would 
reauthorize the Act of 2009 through fiscal year (FY) 2019. The 
bill also would do the following:
           Reauthorize the International Coastal Ocean 
        Observation System through fiscal year 2019.
           Add requirements for public data access.
           Require the advisory 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. 1425 was introduced by Senator Wicker on June 22, 2017, 
and is cosponsored by Senators Cantwell, Cassidy, Collins, 
Graham, Hassan, Markey, Murkowski, Peters, Schatz, and 
Sullivan. On August 2, 2017, the Committee met in open 
Executive Session and, by voice vote, ordered S. 1425 reported 
favorably with an amendment (in the nature of a substitute). A 
substitute amendment from Senator Wicker made the reported bill 
identical to the version that was reported out of the Committee 
in the 114th Congress. An amendment from Senator Booker added 
ocean chemistry and marine sound monitoring to a list of 
existing gaps in data collection to be included in a report to 
Congress.

                            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. 1425--Coordinated Ocean Monitoring and Research Act

    Summary: S. 1425 would reauthorize and amend 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. 1425 
would cost $71 million over the 2018-2022 period, assuming 
appropriation of the necessary amounts.
    Enacting S. 1425 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting the bill would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    S. 1425 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. 1425 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    2021    2022   2017-2022
----------------------------------------------------------------------------------------------------------------
Ocean Monitoring:
    Estimated Authorization Level....................       0      35      35       0       0       0        70
    Estimated Outlays................................       0      23      30      11       5       1        70
Reporting and Planning:
    Estimated Authorization Level....................       0       *       *       *       *       *         1
    Estimated Outlays................................       0       *       *       *       *       *         1
    Total Increases:
        Authorization Level..........................       0      35      35       *       *       *        71
        Estimated....................................       0      23      30      11       5       1        71
----------------------------------------------------------------------------------------------------------------
Note: * = between zero and $500,000, components may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that S. 
1425 will be enacted near the end of fiscal year 2017, that the 
necessary amounts will be appropriated for each fiscal year, 
and that spending will follow historical patterns for similar 
programs.

Ocean monitoring

    S. 1425 would authorize the appropriation of such sums as 
may be necessary for 2018 and 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 perform other activities, including weather 
forecasting, making water quality assessments, and monitoring 
shipping operations. Over the 2013-2017 period, the agency 
received an average appropriation of $35 million a year to 
carry out those activities. On the basis of that historical 
information, CBO estimates that carrying out similar activities 
in the future would cost $70 million over the 2018-2022 period, 
assuming appropriation of the necessary amounts.

Reporting and planning

    The bill also would require an interagency body to complete 
a report identifying potential dangers to coastal communities 
from changes in the acidification (decline in the pH value) 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 2018-2022 period, assuming the availability of 
appropriated funds.
    Pay-As-You-Go considerations: None.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting S. 1425 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    Intergovernmental and private-sector impact: S. 1425 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would benefit state and local agencies, as 
well as other public entities, by authorizing funds for ocean 
observation and research activities. Any costs incurred by 
those entities, including cost-sharing contributions, would 
result from participation in a voluntary federal program.
    Estimate prepared by: Federal costs: Robert Reese; Impact 
on state, local, and tribal governments: Jon Sperl; Impact on 
the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Assistant Director for 
Budget Analysis.

                      Regulatory Impact Statement

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

                       number of persons covered

    S. 1425, 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. 1425, as reported, is not expected to have a negative 
impact on the Nation's economy.

                                privacy

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

                               paperwork

    S. 1425, as reported, would not increase paperwork 
requirements for either the private or public sectors.

                   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 provide that the Act may be cited as the 
``Coordinated Ocean Monitoring and Research Act.''

Section 2. Purposes.

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

Section 3. Definitions.

    This section would define the term ``Federal assets'' as 
being managed through the Regional Coastal Observing Systems 
(RCOS), NOAA, or the Interagency Ocean Observation Committee 
(IOOC). It also would add tribal interests to the list of 
coordinating interests and make technical fixes.

Section 4. Integrated Coastal and Ocean Observation System.

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

Section 5. Financing and agreements.

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

Section 6. Reports to Congress.

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

Section 7. Public-private use policy.

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

Section 8. Repeal of independent cost estimate.

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

Section 9. Authorization of appropriations.

    This section would authorize appropriations through FY 2019 
at such sums as are necessary.

Section 10. Reports and research plans.

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

Section 11. Strategic research plan.

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

Section 12. Stakeholder input on monitoring.

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

Section 13. Research activities.

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

                        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] managed through 
        States, regional organizations, universities, 
        nongovernmental organizations, or the private sector 
        and integrated into the system by the regional coastal 
        ocean observing system, the National Oceanic and 
        Atmospheric Administration, or the agencies on 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]

  (a) Establishment.--The President, acting through the 
Council, shall establish a National Integrated Coastal and 
Ocean Observation System to fulfill the purposes set forth in 
section 12302 of this subtitle and the System Plan and to 
fulfill the Nation's international obligations to contribute to 
the Global Earth Observation System of Systems and the Global 
Ocean Observing System.
  (b) System Elements.--
          [(1) In general.--In order to fulfill the purposes of 
        this subtitle, the System shall be national in scope 
        and consist of--
                  [(A) Federal assets to fulfill national and 
                international observation missions and 
                priorities;
                  [(B) non-Federal assets, including a network 
                of regional information coordination entities 
                identified under subsection (c)(4), to fulfill 
                regional observation missions and priorities;
                  [(C) data management, communication, and 
                modeling systems for the timely integration and 
                dissemination of data and information products 
                from the System;
                  [(D) a research and development program 
                conducted under the guidance of the Council, 
                consisting of--
                          [(i) basic and applied research and 
                        technology development to improve 
                        understanding of coastal and ocean 
                        systems and their relationships to 
                        human activities and to ensure 
                        improvement of operational assets and 
                        products, including related 
                        infrastructure, observing technologies, 
                        and information and data processing and 
                        management technologies; and
                          [(ii) large scale computing resources 
                        and research to advance modeling of 
                        coastal and ocean processes.]
          (1) In general.--In order to fulfill the purposes of 
        this subtitle, the System shall be national in scope 
        and consist of--
                  (A) Federal assets to fulfill national and 
                international observation missions and 
                priorities;
                  (B) non-Federal assets, including a network 
                of regional coastal observing systems 
                identified under subsection (c)(4), to fulfill 
                regional and national observation missions and 
                priorities;
                  (C) 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, ocean, and Great Lakes 
                        processes;
                          (iv) models to improve regional 
                        weather forecasting capabilities and 
                        regional weather forecasting products; 
                        and
                          (v) reviews of data collection 
                        procedures across regions and programs 
                        to make recommendations for data 
                        collection standards across the System 
                        to meet national ocean, coastal, and 
                        Great Lakes observation, applied 
                        research, and weather forecasting 
                        needs.
          (2) Enhancing administration and management.--The 
        head of each Federal agency that has administrative 
        jurisdiction over a Federal asset shall support the 
        purposes of this subtitle and may take appropriate 
        actions to enhance internal agency administration and 
        management to better support, integrate, finance, and 
        utilize observation data, products, and services 
        developed under this section to further its own agency 
        mission and responsibilities.
          (3) Availability of data.--The head of each Federal 
        agency that has administrative jurisdiction over a 
        Federal asset shall make available data that are 
        produced by that asset and that are not otherwise 
        restricted for integration, management, and 
        dissemination by the System for research and for use in 
        the development of products to address societal needs.
          (4) [Non-Federal] coordination of non-federal 
        assets.--Non-Federal assets shall be coordinated, as 
        appropriate, by the Interagency Ocean Observing 
        Committee [or by], the regional coastal observing 
        system, or 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 Observation 
                                Committee;
                          (x) develop and be responsible for a 
                        data management and communication 
                        system, in accordance with standards 
                        and protocols established by the 
                        Interagency Ocean Observation 
                        Committee, by which all data collected 
                        by the System regarding ocean and 
                        coastal waters of the United States 
                        including the Great Lakes, are 
                        processed, stored, integrated, and made 
                        available to all end-user communities;
                          (xi) not less frequently than once 
                        each year, submit to the Interagency 
                        Ocean Observation Committee a report on 
                        the accomplishments, operational needs, 
                        and performance of the System to 
                        contribute to the annual and long-term 
                        plans prepared pursuant to paragraph 
                        (2)(B)(i);
                          (xii) develop and periodically update 
                        a plan to efficiently integrate into 
                        the System new, innovative, or emerging 
                        technologies that have been 
                        demonstrated to be useful to the System 
                        and which will fulfill the purposes of 
                        this 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 
                                national programs and 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 this 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 sea 
                        floor, water column, and sea surface 
                        data on biology, chemistry, geology, 
                        physics, and hydrography;
                          (iv) remote sensing and data 
                        assimilation to develop new analytical 
                        methodologies to assimilate data from 
                        the Integrated Ocean Observing System 
                        into hydrodynamic models;
                          (v) integrated, multi-State 
                        monitoring to assess sources, movement, 
                        and fate of sediments in coastal 
                        regions;
                          (vi) a multi-region marine sound 
                        monitoring system to be--
                                  (I) planned in consultation 
                                with the Interagency Ocean 
                                Observation Committee, the 
                                National Oceanic and 
                                Atmospheric Administration, the 
                                Department of the Navy, and 
                                academic research institutions; 
                                and
                                  (II) developed, installed, 
                                and operated in coordination 
                                with the National Oceanic and 
                                Atmospheric Administration, the 
                                Department of the Navy, and 
                                academic research institutions; 
                                and
                  (E) any other purpose identified by the 
                Administrator or the Council.
          (3) Members.--
                  (A) In general.--The System advisory 
                committee shall be composed of members 
                appointed by the Administrator. Members shall 
                be qualified by education, training, and 
                experience to evaluate scientific and technical 
                information related to the design, operation, 
                maintenance, or use of the System, or use of 
                data products provided through the System.
                  (B) Terms of service.--The Administrator may 
                stagger the terms of the System advisory 
                committee members. Members shall be appointed 
                for 3-year terms, renewable once. A vacancy 
                appointment shall be for the remainder of the 
                unexpired term of the vacancy, and an 
                individual so appointed may subsequently be 
                appointed for 2 full 3-year terms if the 
                remainder of the unexpired term is less than 1 
                year.
                  (C) Chairperson.--The Administrator shall 
                designate a chairperson from among the members 
                of the System advisory committee.
                  (D) Appointment.--Members of the System 
                advisory committee shall be appointed as 
                special Government employees for purposes of 
                section 202(a) of title 18, United States Code.
          (4) Administrative provisions.--
                  (A) Reporting.--The System advisory committee 
                shall report to the Administrator [and the 
                Interagency Ocean Observing Committee], as 
                appropriate.
                  (B) Administrative support.--The 
                Administrator shall provide administrative 
                support to the System advisory committee.
                  (C) Meetings.--The System advisory committee 
                shall meet at least once each year, and at 
                other times at the call of the Administrator, 
                the Interagency Ocean [Observing] Observation 
                Committee, or the chairperson.
                  (D) Compensation and expenses.--Members of 
                the System advisory committee shall not be 
                compensated for service on that Committee, but 
                may be allowed travel expenses, including per 
                diem in lieu of subsistence, in accordance with 
                subchapter I of chapter 57 of title 5, United 
                States Code.
                  (E) Expiration.--Section 14 of the Federal 
                Advisory Committee Act (5 U.S.C. App.) shall 
                not apply to the System advisory committee.
  (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.
  (f) Limitation.--Nothing in this subtitle shall be construed 
to invalidate existing certifications, contracts, or agreements 
between regional information coordination entities and other 
elements of the System.

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 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, any public or private 
organization, or any individual to carry out activities under 
this subtitle.
  (b) Reciprocity.--Member Departments and agencies of the 
Council shall have the authority to create, support, and 
maintain joint centers, and to enter into and perform such 
contracts, leases, grants, and cooperative agreements as may be 
necessary to carry out the purposes of this subtitle and 
fulfillment of the System Plan.

[SEC. 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 under subsection (a) 
shall include--
          (1) a description of activities carried out under 
        this subtitle and the System Plan;
          (2) an evaluation of the effectiveness of the System, 
        including an evaluation of progress made by the Council 
        to achieve the goals identified under the System Plan;
          (3) the identification of Federal and non-Federal 
        assets as determined by the Council that have been 
        integrated into the System, including assets essential 
        to the gathering of required observation data variables 
        necessary to meet the respective missions of Council 
        agencies;
          (4) a review of procurements, planned or initiated, 
        by each 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;
                  (D) ocean chemistry monitoring;
                  (E) marine sound monitoring; and
                  (F) autonomous underwater and surface vehicle 
                technology gaps;
          (6) an assessment regarding activities to integrate 
        Federal and non-Federal assets, nationally and on the 
        regional level, and discussion of the performance and 
        effectiveness of regional 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. 12310. 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]

  (a) * * *
  (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 under subparagraph (A) 
                        shall include the information described 
                        in clauses (i) through (ix) on a 
                        national level.
                          (ii) Subsequent reports.--Each report 
                        required under subparagraph (A) after 
                        the initial report--
                                  (I) may describe the 
                                information described in 
                                clauses (i) through (ix) on a 
                                national level; or
                                  (II) may consist of separate 
                                reports for each region of the 
                                National Oceanic and 
                                Atmospheric Administration.
                          (iii) Regional reports.--If the 
                        Subcommittee opts to prepare a report 
                        required under subparagraph (A) as 
                        separate regional reports under clause 
                        (ii)(II), the Subcommittee shall submit 
                        a report for each region of the 
                        National Oceanic and Atmospheric 
                        Administration not less frequently than 
                        once during each 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, the 
                Committee on Science, Space, and Technology of 
                the House of Representatives, and the Committee 
                on Natural Resources of the House of 
                Representatives.
          (5) Monitoring prioritization plan.--Not later than 
        180 days after the date of the submission of the 
        initial report under paragraph (4)(A), the Subcommittee 
        shall transmit to the appropriate committees of 
        Congress a report that develops a plan to deploy new 
        sensors or other applicable observing technologies--
                  (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]

  (a) In General.--Not later than 2 years after the date of 
enactment of this Act, the Subcommittee shall develop a 
strategic plan for Federal research and monitoring on ocean 
acidification that will provide for an assessment of the 
impacts of ocean acidification on marine organisms and marine 
ecosystems and the development of adaptation and mitigation 
strategies to conserve marine organisms and marine ecosystems. 
In developing the plan, the Subcommittee shall consider and use 
information, reports, and studies of ocean acidification that 
have identified research and monitoring needed to better 
understand ocean acidification and its potential impacts, and 
recommendations made by the National Academy of Sciences in the 
review of the plan required under subsection (d).
  (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)(4).
  (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.
  (d) National Academy of Sciences Evaluation.--The Secretary 
shall enter into an agreement with the National Academy of 
Sciences to review the plan.
  (e) Public Participation.--In developing the plan, the 
Subcommittee shall consult with representatives of academic, 
State, industry and environmental groups. Not later than 90 
days before the plan, or any revision thereof, is submitted to 
the Congress, the plan shall be published in the Federal 
Register for a public comment period of not less than 60 days.

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]