“TEXT OF AMENDMENTS” published by the Congressional Record on July 1, 2005

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Volume 151, No. 91 covering the 1st Session of the 109th Congress (2005 - 2006) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S7915-S7924 on July 1, 2005.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

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SA 1099. Mr. McCONNELL (for Mr. Stevens (for himself and Mr. Inouye)) proposed an amendment to the bill S. 362, to establish a program within the National Oceanic and Atmospheric Administration and the United States Coast Guard to help identify, determine sources of, assess, reduce, and prevent marine debris and its adverse impacts on the marine environment and navigation safety, in coordination with non-Federal entities, and for other purposes; as follows:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Marine Debris Research, Prevention, and Reduction Act''.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--The Congress makes the following findings:

(1) The oceans, which comprise nearly three quarters of the Earth's surface, are an important source of food and provide a wealth of other natural products that are important to the economy of the United States and the world.

(2) Ocean and coastal areas are regions of remarkably high biological productivity, are of considerable importance for a variety of recreational and commercial activities, and provide a vital means of transportation.

(3) Marine debris, including plastics, derelict fishing gear, and a wide variety of other objects, has a harmful and persistent effect on marine flora and fauna and can have adverse impacts on human health.

(4) Marine debris is also a hazard to navigation, putting mariners and rescuers, their vessels, and consequently the marine environment at risk, and can cause economic loss due to entanglement of vessel systems.

(5) Plastic materials persist for decades in the marine environment and therefore pose the greatest potential for long-term damage to the marine environment.

(6) Insufficient knowledge and data on the source, movement, and effects of plastics and other marine debris in marine ecosystems has hampered efforts to develop effective approaches for addressing marine debris.

(7) Lack of resources, inadequate attention to this issue, and poor coordination at the Federal level has undermined the development and implementation of a Federal program to address marine debris, both domestically and internationally.

(b) Purposes.--The purposes of this Act are--

(1) to establish programs within the National Oceanic and Atmospheric Administration and the United States Coast Guard to help identify, determine sources of, assess, reduce, and prevent marine debris and its adverse impacts on the marine environment and navigation safety, in coordination with other Federal and non-Federal entities;

(2) to re-establish the Inter-agency Marine Debris Coordinating Committee to ensure a coordinated government response across Federal agencies;

(3) to develop a Federal information clearinghouse to enable researchers to study the sources, scale and impact of marine debris more efficiently; and

(4) to take appropriate action in the international community to prevent marine debris and reduce concentrations of existing debris on a global scale.

SEC. 3. NOAA MARINE DEBRIS PREVENTION AND REMOVAL PROGRAM.

(a) Establishment of Program.--There is established, within the National Oceanic and Atmospheric Administration, a Marine Debris Prevention and Removal Program to reduce and prevent the occurrence and adverse impacts of marine debris on the marine environment and navigation safety.

(b) Program Components.--Through the Marine Debris Prevention and Removal Program, the Administrator shall carry out the following activities:

(1) Mapping, identification, impact assessment, removal, and prevention.--The Administrator shall, in consultation with relevant Federal agencies, undertake marine debris mapping, identification, impact assessment, prevention, and removal efforts, with a focus on marine debris posing a threat to living marine resources, particularly species identified as endangered or threatened under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and species protected under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1631 et seq.), and navigation safety, including--

(A) the establishment of a process, building on existing information sources maintained by Federal agencies such as the Environmental Protection Agency and the Coast Guard, for cataloguing and maintaining an inventory of marine debris and its impacts found in the navigable waters of the United states and the United States exclusive economic zone, including location, material, size, age, and origin, and impacts on habitat, living marine resources, human health, and navigation safety;

(B) measures to identify the origin, location, and projected movement of marine debris within the United States navigable waters, the United States exclusive economic zone, and the high seas, including the use of oceanographic, atmospheric, satellite, and remote sensing data; and

(C) development and implementation of strategies, methods, priorities, and a plan for preventing and removing marine debris from United States navigable waters and within the United States exclusive economic zone, including development of local or regional protocols for removal of derelict fishing gear.

(2) Reducing and preventing loss of gear.--The Administrator shall improve efforts and actively seek to prevent and reduce fishing gear losses, as well as to reduce adverse impacts of such gear on living marine resources and navigation safety, including--

(A) research and development of alternatives to gear posing threats to the marine environment, and methods for marking gear used in specific fisheries to enhance the tracking, recovery, and identification of lost and discarded gear; and

(B) development of voluntary or mandatory measures to reduce the loss and discard of fishing gear, and to aid its recovery, such as incentive programs, reporting loss and recovery of gear, observer programs, toll-free reporting hotlines, computer-based notification forms, and providing adequate and free disposal receptacles at ports.

(3) Outreach.--The Administrator shall undertake outreach and education of the public and other stakeholders, such as the fishing industry, fishing gear manufacturers, and other marine-dependent industries, on sources of marine debris, threats associated with marine debris and approaches to identify, determine sources of, assess, reduce, and prevent marine debris and its adverse impacts on the marine environment and navigational safety, including outreach and education activities through public-private initiatives. The Administrator shall coordinate outreach and education activities under this paragraph with any outreach programs conducted under section 2204 of the Marine Plastic Pollution Research and Control Act of 1987 (33 U.S.C. 1915).

(1) In general.--The Administrator shall provide financial assistance, in the form of grants, through the Marine Debris Prevention and Removal Program for projects to accomplish the purposes of this Act.

(2) 50 percent matching requirement.--

(A) In general.--Except as provided in subparagraph (B), Federal funds for any project under this section may not exceed 50 percent of the total cost of such project. For purposes of this subparagraph, the non-Federal share of project costs may be provided by in-kind contributions and other noncash support.

(B) Waiver.--The Administrator may waive all or part of the matching requirement under subparagraph (A) if the Administrator determines that no reasonable means are available through which applicants can meet the matching requirement and the probable benefit of such project outweighs the public interest in such matching requirement.

(3) Amounts paid and services rendered under consent.--

(A) Consent decrees and orders.--If authorized by the Administrator or the Attorney General, as appropriate, the non-Federal share of the cost of a project carried out under this Act may include money paid pursuant to, or the value of any in-kind service performed under, an administrative order on consent or judicial consent decree that will remove or prevent marine debris.

(B) Other decrees and orders.--The non-Federal share of the cost of a project carried out under this Act may not include any money paid pursuant to, or the value of any in-kind service performed under, any other administrative order or court order.

(4) Eligibility.--Any natural resource management authority of a State, Federal or other government authority whose activities directly or indirectly affect research or regulation of marine debris, and any educational or nongovernmental institutions with demonstrated expertise in a field related to marine debris, are eligible to submit to the Administrator a marine debris proposal under the grant program.

(5) Grant criteria and guidelines.--Within 180 days after the date of enactment of this Act, the Administrator shall promulgate necessary guidelines for implementation of the grant program, including development of criteria and priorities for grants. Such priorities may include proposals that would reduce new sources of marine debris and provide additional benefits to the public, such as recycling of marine debris or use of biodegradable materials. In developing those guidelines, the Administrator shall consult with--

(A) the Interagency Marine Debris Committee;

(B) regional fishery management councils established under the Magnuson-Stevens Fishery Conservation and Management Act

(16 U.S.C. 1801 et seq.);

(D) marine-dependent industries; and

(E) non-governmental organizations involved in marine debris research, prevention, or removal activities.

(6) Project review and approval.--The Administrator shall review each marine debris project proposal to determine if it meets the grant criteria and supports the goals of the Act. Not later than 120 days after receiving a project proposal under this section, the Administrator shall--

(A) provide for external merit-based peer review of the proposal;

(B) after considering any written comments and recommendations based on the review, approve or disapprove the proposal; and

(7) Project reporting.--Each grantee under this section shall provide periodic reports as required by the Administrator. Each report shall include all information required by the Administrator for evaluating the progress and success in meeting its stated goals, and impact on the marine debris problem.

SEC. 4. COAST GUARD PROGRAM.

(a) In General.--The Commandant of the Coast Guard shall, in cooperation with the Administrator, undertake measures to reduce violations of MARPOL Annex V and the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) with respect to the discard of plastics and other garbage from vessels. The measures shall include--

(1) the development of a strategy to improve monitoring and enforcement of current laws, as well as recommendations for statutory or regulatory changes to improve compliance and for the development of any appropriate amendments to MARPOL;

(2) regulations to address implementation gaps with respect to the requirement of MARPOL Annex V and section 6 of the Act to Prevent Pollution from Ships (33 U.S.C. 1905) that all United States ports and terminals maintain receptacles for disposing of plastics and other garbage, which may include measures to ensure that a sufficient quantity of such facilities exist at all such ports and terminals, requirements for logging the waste received, and for Coast Guard comparison of vessel and port log books to determine compliance, taking into account potential economic impacts and technical feasibility;

(3) regulations to close record keeping gaps, which may include requiring fishing vessels under 400 gross tons entering United States ports to maintain records subject to Coast Guard inspection on the disposal of plastics and other garbage, that, at a minimum, include the time, date, type of garbage, quantity, and location of discharge by latitude and longitude or, if discharged on land, the name of the port where such material is offloaded for disposal, taking into account potential economic impacts and technical feasibility;

(4) regulations to improve ship-board waste management, which may include expanding to smaller vessels existing requirements to maintain ship-board receptacles and maintain a ship-board waste management plan, taking into account potential economic impacts and technical feasibility;

(5) the development, through outreach to commercial vessel operators and recreational boaters, of a voluntary reporting program, along with the establishment of a central reporting location, for incidents of damage to vessels caused by marine debris, as well as observed violations of existing laws and regulations relating to disposal of plastics and other marine debris; and

(6) a voluntary program encouraging United States flag vessels to inform the Coast Guard of any ports in other countries that lack adequate port reception facilities for garbage.

(b) On-shore Oil and Gas Spills.--The Commandant of the Coast Guard shall expedite implementation of the Coast Guard's responsibilities with respect to on-shore oil and gas spills.

SEC. 5. INTERAGENCY COORDINATION.

(a) Interagency Marine Debris Committee Established.--There is established an Interagency Committee on Marine Debris to coordinate a comprehensive program of marine debris research and activities among Federal agencies, in cooperation and coordination with non-governmental organizations, industry, universities, and research institutions, State governments, Indian tribes, and other nations, as appropriate, and to foster cost-effective mechanisms to identify, determine sources of, assess, reduce, and prevent marine debris, and its adverse impact on the marine environment and navigational safety, including the joint funding of research and mitigation and prevention strategies.

(b) Membership.--The Committee shall include a senior official from--

(1) the National Oceanic and Atmospheric Administration, who shall serve as the chairperson of the Committee;

(2) the United States Coast Guard;

(3) the Environmental Protection Agency;

(4) the United States Navy;

(5) the Maritime Administration of the Department of Transportation;

(6) the National Aeronautics and Space Administration;

(7) the U.S. Fish and Wildlife Service;

(8) the Department of State;

(9) the Marine Mammal Commission; and

(10) such other Federal agencies that have an interest in ocean issues or water pollution prevention and control as the Administrator determines appropriate.

(c) Meetings.--The Committee shall meet at least twice a year to provide a public, interagency forum to ensure the coordination of national and international research, monitoring, education, and regulatory actions addressing the persistent marine debris problem.

(d) Definition.--The Committee shall develop and promulgate through regulation a definition of the term ``marine debris''.

(e) Reporting.--

(1) Interagency report on marine debris impacts and strategies.--Not later than 12 months after the date of the enactment of this Act, the Committee, through the chairperson, and in cooperation with the coastal States, Indian tribes, local governments, and non-governmental organizations, shall complete and submit to the Congress a report identifying the source of marine debris, examining the ecological and economic impact of marine debris, alternatives for reducing, mitigating, preventing, and controlling the harmful affects of marine debris, the social and economic costs and benefits of such alternatives, and recommendations regarding both domestic and international marine debris issues.

(2) Contents.--The report submitted under paragraph (1) shall provide recommendations on--

(A) establishing priority areas for action to address leading problems relating to marine debris;

(B) developing an effective strategy and approaches to preventing, reducing, removing, and disposing of marine debris, including through private-public partnerships;

(C) providing appropriate infrastructure for effective implementation and enforcement of measures to prevent and remove marine debris, especially the discard and loss of fishing gear;

(D) establishing effective and coordinated education and outreach activities; and

(E) ensuring Federal cooperation with, and assistance to, the coastal States (as defined in section 304(4) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4))), Indian tribes, and local governments in the identification, determination of sources, prevention, reduction, management, mitigation, and control of marine debris and its adverse impacts.

(3) Annual progress reports.--Not later than 2 years after the date of the enactment of this Act, and every year thereafter, the Committee, through the chairperson, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives a report that evaluates United States and international progress in meeting the purposes of this Act. The report shall include--

(A) the status of implementation of the recommendations of the Committee and analysis of their effectiveness;

(B) a summary of the marine debris inventory to be maintained by the National Oceanic and Atmospheric Administration;

(C) a review of the National Oceanic and Atmospheric Administration program authorized by section 3 of this Act, including projects funded and accomplishments relating to reduction and prevention of marine debris;

(D) a review of United States Coast Guard programs and accomplishments relating to marine debris removal, including enforcement and compliance with MARPOL requirements; and

(E) estimated Federal and non-Federal funding provided for marine debris and recommendations for priority funding needs.

(f) Monitoring.--The Administrator, in cooperation with the Administrator of the Environmental Protection Agency, shall utilize the marine debris data derived under this Act and title V of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 2801 et seq.) to assist--

(1) the Committee in ensuring coordination of research, monitoring, education, and regulatory actions; and

(2) the United States Coast Guard in assessing the effectiveness of this Act and the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) in ensuring compliance under section 2201 of the Marine Plastic Pollution Research and Control Act of 1987 (33 U.S.C. 1913).

(g) Conforming Amendment.--Section 2203 of the Marine Plastic Pollution Research and Control Act of 1987 (33 U.S.C. 1914) is repealed.

SEC. 6. INTERNATIONAL COOPERATION.

The Interagency Marine Debris Committee shall develop a strategy that may be pursued by the United States in the International Maritime Organization and other appropriate international and regional forums to reduce the incidence of marine debris, including--

(1) the inclusion of effective and enforceable marine debris prevention and removal measures in international and regional agreements, including fisheries agreements and maritime agreements;

(2) measures to strengthen and to improve compliance with MARPOL Annex V;

(3) national reporting and information requirements that will assist in improving information collection, identification and monitoring of marine debris;

(4) the establishment of an international database, consistent with the information clearinghouse established under section 7, that will provide current information on location, source, prevention, and removal of marine debris;

(5) the establishment of public-private partnerships and funding sources for pilot programs that will assist in implementation and compliance with marine debris requirements in international agreements and guidelines;

(6) the identification of possible amendments to and provisions in the International Maritime Organization Guidelines for the Implementation of Annex V of MARPOL for potential inclusion in Annex V; and

(7) when appropriate assist the responsible Federal agency in bilateral negotiations to effectively enforce marine debris prevention.

SEC. 7. FEDERAL INFORMATION CLEARINGHOUSE.

The Administrator, in coordination with the Committee, shall maintain a Federal information clearinghouse on marine debris that will be available to researchers and other interested parties to improve source identification, data sharing, and monitoring efforts through collaborative research and open sharing of data. The clearinghouse shall include--

(1) standardized protocols to map the general locations of commercial fishing and aquaculture activities using Geographic Information System techniques;

(2) a world-wide database which describes fishing gear and equipment, and fishing practices, including information on gear types and specifications;

(3) guidance on the identification of types of fishing gear fragments and their sources developed in consultation with persons of relevant expertise; and

(4) the data on mapping and identification of marine debris to be developed pursuant to section 3(b)(1) of this Act.

SEC. 8. DEFINITIONS.

In this Act:

(1) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration.

(2) Committee.--The term ``Committee'' means the Interagency Marine Debris Committee established by section 5 of this Act.

(3) United states exclusive economic zone.--The term

``United States exclusive economic zone'' means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as ``eastern special areas'' in article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990.

(4) MARPOL; annex v; convention.--The terms ``MARPOL'',

``Annex 5'', and ``Convention'' have the meaning given those terms in paragraphs (3) and (4) of section 2(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1901(a)).

(5) Navigable waters.--The term ``navigable waters'' has the meaning given that term by section 502(7) of the Federal Water Pollution Control Act (33 U.S.C. 1362(7)).

SEC. 9. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT.

Nothing in this Act supersedes, or limits the authority of the Secretary of the Interior under, the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated for each fiscal year 2006 through 2010--

(1) to the Administrator for the purpose of carrying out sections 3 and 7 of this Act, $10,000,000, of which no more than 10 percent may be for administrative costs; and

(2) to the Secretary of the Department in which the Coast Guard is operating, for the use of the Commandant of the Coast Guard in carrying out sections 4 and 6 of this Act,

$5,000,000, of which no more than 10 percent may be used for administrative costs.

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SA 1100. Mr. McCONNELL (for Mr. Stevens (for himself and Mr. Inouye)) proposed an amendment to the bill S. 39, to establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration; as follows:

TITLE I--NATIONAL OCEAN EXPLORATION PROGRAM

SEC. 101. SHORT TITLE.

This title may be cited as the ``National Ocean Exploration Program Act''.

SEC. 102. ESTABLISHMENT.

The Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, shall, in consultation with the National Science Foundation and other appropriate Federal agencies, establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration that promotes collaboration with existing programs of the agency, including those authorized in title II.

SEC. 103. AUTHORITIES.

In carrying out the program the Administrator of the National Oceanic and Atmospheric Administration shall--

(1) conduct interdisciplinary exploration voyages or other scientific activities in conjunction with other Federal agencies or academic or educational institutions, to survey little known areas of the marine environment, inventory, observe, and assess living and nonliving marine resources, and report such findings;

(2) give priority attention to deep ocean regions, with a focus on surveying deep water marine systems that hold potential for important scientific discoveries, such as hydrothermal vent communities and seamounts;

(3) conduct scientific voyages to locate, define, and document historic shipwrecks, submerged sites, and other ocean exploration activities that combine archaeology and oceanographic sciences;

(4) develop, in consultation with the National Science Foundation, a transparent process for reviewing and approving proposals for activities to be conducted under this program;

(5) enhance the technical capability of the United States marine science community by promoting the development of improved oceanographic research, communication, navigation, and data collection systems, as well as underwater platforms and sensors;

(6) accept donations of property, data, and equipment to be applied for the purpose of exploring the oceans or increasing knowledge of the oceans;

(7) establish an ocean exploration forum to encourage partnerships and promote communication among experts and other stakeholders in order to enhance the scientific and technical expertise and relevance of the national program; and

(8) avoid directing the programs towards activities relating to global temperature trends and instead focus on underwater regions of particular scientific interest.

SEC. 104. EXPLORATION TECHNOLOGY AND INFRASTRUCTURE TASK

FORCE.

The National Oceanic and Atmospheric Administration, in coordination with the National Aeronautics and Space Administration, the U.S. Geological Survey, Office of Naval Research, and relevant governmental, non-governmental, academic, and other experts, shall convene an ocean technology and infrastructure task force to develop and implement a strategy--

(1) to facilitate transfer of new exploration technology to the program;

(2) to improve availability of communications infrastructure, including satellite capabilities, to the program;

(3) to develop an integrated, workable and comprehensive data management information processing system that will make information on unique and significant features obtained by the program available for research and management purposes;

(4) to conduct public outreach activities that improve the public understanding of ocean science, resources, and processes, in conjunction with relevant programs of the National Oceanic and Atmospheric Administration, the National Science Foundation, and other agencies; and

(5) to encourage cost-sharing partnerships with governmental and non-governmental entities that will assist in transferring exploration technology and technical expertise to the program.

SEC. 105. INTERAGENCY FINANCING.

The National Oceanic and Atmospheric Administration, the National Science Foundation, and other Federal agencies involved in the program, are authorized to participate in interagency financing and share, transfer, receive and spend funds appropriated to any Federal participant in the program for the purposes of carrying out any administrative or programmatic project or activity under this section. Funds may be transferred among such departments and agencies through an appropriate instrument that specifies the goods, services, or space being acquired from another Federal participant and the costs of the same.

SEC. 106. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT.

Nothing in this title or title II supersedes, or limits the authority of the Secretary of the Interior under, the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the program--

(1) $30,500,000 for fiscal year 2006;

(2) $33,550,000 for fiscal year 2007;

(3) $36,905,000 for fiscal year 2008;

(4) $40,596,000 for fiscal year 2009;

(5) $44,655,000 for fiscal year 2010;

(6) $49,121,000 for fiscal year 2011;

(7) $54,033,000 for fiscal year 2012;

(8) $59,436,000 for fiscal year 2013;

(9) $65,379,000 for fiscal year 2014; and

(10) $71,917,000 for fiscal year 2015.

TITLE II--UNDERSEA RESEARCH PROGRAM

SEC. 201. SHORT TITLE.

This title may be cited as the ``NOAA Undersea Research Program Act of 2005''.

SEC. 202. ESTABLISHMENT.

The Administrator of the National Oceanic and Atmospheric Administration shall establish and maintain an undersea research program and shall designate a Director of that program.

SEC. 203. PURPOSE.

The purpose of the program is to increase scientific knowledge essential for the informed management, use and preservation of oceanic, coastal and large lake resources through undersea research, exploration, education and technology development. The program shall be part of National Oceanic and Atmospheric Administration's undersea research, education, and technology development efforts, and also make available the infrastructure and expertise to service the undersea science needs of the academic community.

SEC. 204. PROGRAM.

The program shall be conducted through a national headquarters, a network of regional undersea research centers, and a national technology institute. Overall direction of the program will be provided by the program director with advice from the Council of Center directors comprised of the directors of the regional centers and the national technology institute.

SEC. 205. REGIONAL CENTERS AND TECHNOLOGY INSTITUTE.

The following research, exploration, education, and technology programs shall be conducted through the network of regional centers and the national technology institute:

(1) Core research and exploration based on national and regional undersea research priorities.

(2) Advanced undersea technology to support the National Oceanic and Atmospheric Administration's research mission and programs.

(3) Undersea science-based education and outreach programs to enrich ocean science education and public awareness of the oceans and Great Lakes.

(4) Development of advanced undersea technology associated with seafloor observatories, remotely operated vehicles, autonomous underwater vehicles, and new sampling and sensing technologies.

(5) Discovery, study, and development of natural products from ocean and aquatic systems.

SEC. 206. COMPETITIVENESS.

Except for a small discretionary fund for rapid response activities and for the National Oceanic and Atmospheric Administration-related service projects, for which no more than 10 percent of the program budget shall be set aside, the external projects supported by the regional centers shall be managed using an open and competitive process to evaluate scientific merit, relevance to the National Oceanic and Atmospheric Administration, regional and national research goals, and technical feasibility.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the National Oceanic and Atmospheric Administration--

(1) for fiscal year 2006--

(A) $12,500,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and

(B) $5,000,000 for the National Technology Institute;

(2) for fiscal year 2007--

(A) $13,750,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and

(B) $5,500,000 for the National Technology Institute;

(3) for fiscal year 2008--

(A) $15,125,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and

(B) $6,050,000 for the National Technology Institute;

(4) for fiscal year 2009--

(A) $16,638,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and

(B) $6,655,000 for the National Technology Institute;

(5) for fiscal year 2010--

(A) $18,301,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and

(B) $7,321,000 for the National Technology Institute;

(6) for fiscal year 2011--

(A) $20,131,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and

(B) $8,053,000 for the National Technology Institute;

(7) for fiscal year 2012--

(A) $22,145,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and

(B) $8,859,000 for the National Technology Institute;

(8) for fiscal year 2013--

(A) $24,359,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and

(B) $9,744,000 for the National Technology Institute;

(9) for fiscal year 2014--

(A) $26,795,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and

(B) $10,718,000 for the National Technology Institute; and

(10) for fiscal year 2015--

(A) $29,474,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and

(B) $11,790,000 for the National Technology Institute.

______

SA 1101. Mr. McCONNELL (for Mr. Stevens (for himself and Mr. Inouye)) proposed an amendment to the bill S. 50, to authorize and strengthen the National Oceanic and Atmospheric Administration's tsunami detection, forecast, warning, and mitigation program, and for other purposes; as follows:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Tsunami Preparedness Act''.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--The Congress finds the following:

(1) Tsunami are a series of large waves of long wavelength created by the displacement of water by violent undersea disturbances such as earthquakes, volcanic eruptions, landslides, explosions, and the impact of cosmic bodies.

(2) Tsunami have caused, and can cause in the future, enormous loss of human life, injury, destruction of property, and economic and social disruption in coastal and island communities.

(3) While 85 percent of tsunami occur in the Pacific Ocean, and coastal and island communities in this region are the most vulnerable to the destructive results, tsunami can occur at any point in any ocean or related body of water where there are earthquakes, volcanoes, or any other activity that displaces a large volume of water.

(4) A number of States and territories are subject to the threat of tsunamis, including Alaska, California, Hawaii, Oregon, Washington, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the U.S. Virgin Islands.

(5) The National Oceanic and Atmospheric Administration is responsible for maintaining a tsunami detection and warning system for the Nation, issuing warnings to United States communities at risk from tsunami, and preparing those communities to respond appropriately, through--

(A) the Pacific Tsunami Warning Center in Ewa Beach, Hawaii, which serves as a warning center for Hawaii, all other United States assets in the Pacific, and Puerto Rico;

(B) the Alaska/West Coast Tsunami Warning Center in Palmer, Alaska, which is responsible for issuing warnings for Alaska, British Columbia, California, Oregon, and Washington;

(D) a tsunami research and assessment program, including programs conducted by the Pacific Marine Environmental Laboratory;

(E) the TsunamiReady Program, which educates and prepares communities for survival before and during a tsunami;

(F) an archive of historical tsunami data, held at the National Oceanic and Atmospheric Administration's National Geophysical Data Center; and

(G) other related programs, including those operated in coordination with academic institutions.

(6) The National Oceanic and Atmospheric Administration also represents the United States as a member of the International Coordination Group for the Tsunami Warning System in the Pacific, administered by the Intergovernmental Oceanographic Commission of UNESCO, for which the Pacific Tsunami Warning Center acts as the operational center and shares seismic and water level information with 26 member states, and maintains UNESCO's International Tsunami Information Center, in Honolulu, Hawaii, which provides technical and educational assistance to member states.

(7) The Tsunami Warning Centers receive seismographic information from the Global Seismic Network, an international system of earthquake monitoring stations, from the United States Geological Survey National Earthquake Information Center, the Alaska Earthquake Information Center, and cooperative regional seismic networks, and use these data to issue tsunami warnings and integrate the information with data from their own tidal and deep ocean monitoring stations, to cancel or verify the existence of a damaging tsunami. Warnings are disseminated by the National Oceanic and Atmospheric Administration to State emergency operation centers.

(8) Current gaps in the International Tsunami Warning System, such as the lack of regional warning systems in the Indian Ocean, the southwest Pacific Ocean, Central and South America, the Mediterranean Sea, and Caribbean, pose risks for coastal and island communities.

(9) The tragic and extreme loss of life experienced by countries in the Indian Ocean following the magnitude 9.0 earthquake and resulting tsunami in that region on December 26, 2004, illustrates the destructive consequences which can occur in the absence of an effective tsunami warning and notification system.

(10) An effective tsunami warning and notification system is part of a multi-hazard disaster warning and preparedness program and requires real-time seismic, sea level, and oceanographic data, high-speed data analysis capabilities, a high-speed tsunami warning and notification system, a sustained program of education and risk assessment to develop response strategies, and an established local infrastructure for timely and effective dissemination of warnings to activate evacuation of tsunami hazard zones.

(11) The Tsunami Warning System for the Pacific is a model for other regions of the world to adopt, and can be expanded and modernized to increase detection, forecast, and warning capabilities for vulnerable states and territories, reduce the incidence of costly false alarms, improve reliability of measurement and assessment technology, and increase community preparedness.

(12) Tsunami warning and preparedness capability can be developed in other vulnerable areas of the world, such as the Indian Ocean, by identifying tsunami hazard zones, educating populations, developing alert and notification infrastructure, and by deploying near real-time tsunami detection sensors and gauges, establishing hazard notification and warning networks, expanding global monitoring of seismic activity, encouraging the increased exchange of seismic and tidal data between nations, and improving international coordination when a tsunami is detected.

(13) UNESCO has recognized the need to establish tsunami warning systems for regions beyond the Pacific Basin that are vulnerable to tsunami, including the Indian Ocean, and has convened a working group to lead an effort to expand the International Tsunami Warning System in the Pacific to such vulnerable regions.

(14) The international community and all vulnerable nations should take coordinated efforts to establish and participate in regional tsunami warning systems and other hazard warnings systems developed to meet the goals of the United Nations International Strategy for Disaster Reduction.

(15) On February 16, 2005, the United States, together with 53 other Nations participating in the Third Earth Observation Summit in Brussels, Belgium, adopted a 10-year implementation plan as the basis for establishing the Global Earth Observation System of Systems.

(16) The Global Earth Observation System of Systems will consist of existing and future earth observation systems, including the United States tsunami detection and warning system.

(b) Purposes.--The purposes of this Act are--

(1) to improve tsunami detection, forecast, warnings, notification, preparedness, and mitigation in order to protect life and property both in the United States and elsewhere in the world;

(2) to improve and modernize the existing Pacific Tsunami Warning System to increase coverage, reduce false alarms and increase accuracy of forecasts and warnings, and expand detection and warning systems to include other vulnerable States and United States territories, including the Caribbean/Atlantic/Gulf region;

(3) to increase and accelerate mapping, modeling, research, assessment, education, and outreach efforts in order to improve forecasting, preparedness, mitigation, response, and recovery of tsunami and related coastal hazards;

(4) to provide technical and other assistance to speed international efforts to establish regional tsunami warning systems in vulnerable areas worldwide, including the Indian Ocean; and

(5) to improve Federal, State, and international coordination for tsunami and other coastal hazard warnings and preparedness.

SEC. 3. TSUNAMI DETECTION AND WARNING SYSTEM.

(a) In General.--The Administrator of the National Oceanic and Atmospheric Administration shall operate regional tsunami detection and warning systems for the Pacific Ocean region and for the Atlantic Ocean, Caribbean, and Gulf of Mexico region that will provide maximum detection capability for United States coastal tsunami.

(b) System Requirements.--

(1) Pacific system.--The Pacific tsunami warning system shall cover the entire Pacific Ocean area, including the Western Pacific, the Central Pacific, the North Pacific, the South Pacific, and the East Pacific and Arctic areas.

(2) Atlantic, caribbean, and gulf of mexico system.--The Atlantic, Caribbean, and Gulf system shall cover areas of the Atlantic Ocean, Caribbean Sea, and the Gulf of Mexico that the Administrator determines--

(A) to be geologically active, or to have significant potential for geological activity; and

(B) to pose measurable risks of tsunamis for States along the coastal areas of the Atlantic Ocean or the Gulf of Mexico.

(3) Components.--The systems shall--

(A) utilize an array of deep ocean detection buoys, including redundant and spare buoys;

(B) include an associated tide gauge and water level system designed for long-term continuous operation tsunami transmission capability;

(D) provide for the establishment of a cooperative effort between the National Oceanic and Atmospheric Administration and the United States Geological Survey under which the Geological Survey and State earthquake information centers provide rapid and reliable real-time seismic information to the Administration from international and domestic seismic networks;

(E) provide for information and data processing through the tsunami warning centers established under subsection (c);

(F) be integrated into United States and global ocean and earth observing systems, including the Global Earth Observation System of Systems;

(G) provide an infrastructure, building on local systems, for at-risk tsunami communities that supports rapid and reliable alert and notification to the public, such as the National Oceanic and Atmospheric Administration's Weather, Alert, and Readiness Network, which includes the weather radio and the All Hazard Alert Broadcasting Radio; and

(H) the integration of NOAA's Advanced Weather Interactive Processing System with other technologies.

(4) Federal cooperation.--In deploying and maintaining detection buoys utilized in the tsunami warning system, the Administrator should leverage the assistance and assets of the United States Coast Guard, the Navy, and other Federal agency assets in the region. Within 180 days after the date of enactment of this Act, the Administrator shall provide a report to the Senate committee on Commerce, Science, and Transportation, the House of Representatives Committee on Science, and the House of Representatives Committee on Resources that summarizes the extent to which the United States Coast Guard or any other Federal agency is assistance in deploying and maintaining such buoys.

(1) In general.--The Administrator shall establish tsunami warning centers to provide a link between the detection and warning system and the tsunami hazard mitigation program established under section 4 including--

(A) a Pacific Tsunami Warning Center in Hawaii;

(B) a West Coast and Alaska Tsunami Warning Center in Alaska; and

(2) Responsibilities.--The responsibilities of each tsunami warning center shall include--

(A) continuously monitoring data from seismological stations, deep ocean detection buoys, and tidal monitoring stations and providing such data to the national tsunami archive;

(B) evaluating earthquakes that have the potential to generate tsunami;

(C) evaluating deep ocean buoy data and tidal monitoring stations for indications of tsunami resulting from sources other than earthquakes; and

(D) disseminating information and warning bulletins appropriate for local and distant tsunamis to government agencies and the public and alerting potentially impacted coastal areas for evacuation.

(d) Data Management.--The Administrator shall maintain national and regionally-based data management systems to support and establish data management requirements for the tsunami detection and monitoring system, including requirements for--

(1) quality control and quality assurance;

(2) archiving and maintaining data;

(3) supporting integration of observations from the system with other national and international water level measurements, such as the Global Sea Level Monitoring System;

(4) integration of observations from the system with other elements of the global and coastal components of the integrated ocean and coastal observing system and the Global Earth Observation System of Systems; and

(5) the development of and access to data sets and integrated data products designed to support multi-hazard regional vulnerability assessment and adaptation programs such as the program established under section 8.

SEC. 4. TSUNAMI HAZARD MITIGATION PROGRAM.

(a) In General.--The Administrator of the National Oceanic and Atmospheric Administration shall, in coordination with other agencies and academic institutions, develop and conduct a community-based tsunami hazard mitigation program to improve tsunami preparedness of at-risk areas.

(b) Coordinating Committee.--In developing and conducting the program, the Administrator shall establish a coordinating committee comprising representatives of Federal agencies and other governmental entities involved in tsunami mitigation and response, including--

(1) the National Oceanic and Atmospheric Administration;

(2) the United States Geological Survey;

(3) the National Science Foundation;

(4) the National Institute of Standards and Technology; and

(5) affected coastal States and territories.

(1) improve the quality and extent of inundation mapping, including assessment of vulnerable inner coastal areas;

(2) promote and improve community outreach and education networks and programs to ensure community awareness and readiness, including the development of multi-hazard risk and vulnerability assessment training and decision support tools, implementation of technical training and public education programs, and provide for certification of prepared communities;

(3) integrate tsunami awareness, preparedness, and mitigation programs into ongoing hazard warning and risk management programs in affected areas including the National Response Plan and State coastal zone management plans;

(4) promote the adoption of tsunami warning and mitigation measures by Federal, State, tribal, and local governments and non-governmental entities through a grant program for training, development of guidelines, and other purposes;

(5) develop tsunami specific rescue and recovery guidelines for the National Response Plan, including long-term mitigation measures, educational programs regarding the consequences of development in high-risk areas, and use of remote sensing and other technology in rescue and recovery operations;

(6) require budget coordination, through the Administration, to carry out the purposes of this Act and to ensure that participating agencies provide necessary funds for matters within their respective areas of authority and expertise; and

(7) provide for periodic external review of the program and for inclusion of the results of such reviews in the report required by section 6(e).

SEC. 5. TSUNAMI RESEARCH PROGRAM.

(a) Establishment.--The Administrator of the National Oceanic and Atmospheric Administration shall, in coordination with other agencies and academic institutions, establish a tsunami research program to develop detection, prediction, communication, and mitigation science and technology that supports tsunami forecasts and warnings, including advanced sensing techniques, information and communication technology, data collection, analysis and assessment for tsunami tracking and numerical forecast modeling that will--

(1) help determine--

(A) whether an earthquake or other seismic event will result in a tsunami; and

(B) the likely path, severity, duration, and travel time of a tsunami;

(2) develop techniques and technologies that may be used to communicate tsunami forecasts and warnings as quickly and effectively as possible to affected communities;

(3) develop techniques and technologies to support evacuation products, including real-time notice of the condition of critical infrastructure along tsunami evacuation routes for public officials and first responders; and

(4) develop techniques for utilizing remote sensing technologies in rescue and recovery operations.

(b) Technology.--The Administrator, in consultation with other appropriate Federal agencies, shall investigate the potential for improved technology for tsunami and other hazard warnings by incorporating into the existing system a full range of options for providing those warnings to the public.

SEC. 6. TSUNAMI SYSTEM UPGRADE AND MODERNIZATION.

(a) System Upgrades.--The Administrator of the National Oceanic and Atmospheric Administration shall--

(1) authorize and direct the immediate repair of existing deep ocean detection buoys and related components of the system;

(2) ensure the deployment of an array of deep ocean detection buoys capable of carrying multi-observation technology in the regions described in section 3(a) of this Act;

(3) ensure expansion or upgrade of the seismic monitoring and tide gauge networks in the regions described in section 3(a); and

(4) complete the upgrades not later than December 31, 2007.

(b) Transfer of Technology; Maintenance and Upgrades.--In carrying out this section, the Administrator shall--

(1) promulgate specifications and standards for forecast, detection, and warning systems, including detection equipment;

(2) develop and execute a plan for the transfer of technology from ongoing research to long-term operations;

(3) ensure that detection equipment is maintained in operational condition to fulfill the forecasting, detection and warning requirements of the regional tsunami detection and warning systems;

(4) obtain, to the greatest extent practicable, priority treatment in budgeting for, acquiring, transporting, and maintaining weather sensors, tide gauges, water level gauges, and tsunami buoys incorporated into the system including obtaining ship time; and

(5) ensure integration of the tsunami detection system with other United States and global ocean and coastal observation systems, the Global Earth Observation System of Systems, global seismic networks, and the Advanced National Seismic System.

(c) Certification.--Amounts appropriated for any fiscal year pursuant to section 9 to carry out this section may not be obligated or expended for the acquisition of services for construction or deployment of tsunami detection equipment unless the Administrator certifies in writing to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Science, and the House of Representatives Committee on Resources within 60 calendar days after the date on which the President submits the Budget of the United States for that fiscal year to the Congress that--

(1) each contractor for such services has met the requirements of the contract for such construction or deployment;

(2) the equipment to be constructed or deployed is capable of becoming fully operational without the obligation or expenditure of additional appropriated funds; and

(3) the Administrator does not reasonably foresee unanticipated delays in the deployment and operational schedule specified in the contract.

(d) Congressional Notifications.--The Administrator shall notify the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Science, and the House of Representatives Committee on Resources of--

(1) impaired regional detection coverage due to equipment or system failures; and

(2) significant contractor failures or delays in completing work associated with the tsunami detection and warning system.

(e) Annual Report.--The Administrator shall transmit an annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science the status of the tsunami detection and warning system, including accuracy, false alarms, equipment failures, improvements over the previous year, and goals for further improvement (or plans for curing failures) of the system, as well as progress and accomplishments of the national tsunami hazard mitigation program.

(f) External Review.--The National Academy of Science shall review the tsunami detection, forecast, and warning system operated by the National Oceanic and Atmospheric Administration under this Act to assess further modernization and coverage needs, as well as long-term operational reliability issues, taking into account measures implemented under this Act, and transmit a report containing its recommendations, including an estimate of the costs of implementing those recommendations, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science within 24 months after the date of enactment of this Act.

SEC. 7. GLOBAL TSUNAMI WARNING AND MITIGATION NETWORK.

(a) International Tsunami Warning System.--The Administrator of the National Oceanic and Atmospheric Administration, in coordination with other members of the United States Interagency Committee of the National Tsunami Mitigation Program, shall provide technical assistance and advice to the Intergovernmental Oceanographic Commission of UNESCO, the World Meteorological Organization, the Group on Earth Observations, and other international entities, as part of international efforts to develop a fully functional global tsunami warning system comprised of regional tsunami warning networks, modeled on the International Tsunami Warning System of the Pacific, and consistent with the 10-year implementation plan for the Global Earth Observation System of Systems.

(b) International Tsunami Information Center.--The Administrator shall operate an International Tsunami Information Center to improve tsunami preparedness for all Pacific Ocean nations participating in the International Tsunami Warning System of the Pacific, and which may also provide such assistance to other nations participating in a global tsunami warning system established through the International Oceanographic Committee of UNESCO. As part of its responsibilities in the Pacific, the Center shall--

(1) monitor international tsunami warning activities in the Pacific;

(2) assist member states in establishing national warning systems, and make information available on current technologies for tsunami warning systems;

(3) maintain a library of materials to promulgate knowledge about tsunamis in general and for use by the scientific community; and

(4) disseminate information, including educational materials and research reports.

(1) shall give priority to assisting nations in identifying vulnerable coastal areas, creating inundation maps, obtaining or designing real-time detection and reporting equipment, and establishing communication and warning networks and contact points in each vulnerable nation;

(2) may establish a process for transfer of detection and communication technology to affected nations for the purposes of establishing the international tsunami warning system; and

(3) shall provide technical and other assistance to support international tsunami education, response, vulnerability, and adaptation programs.

(d) Data-sharing Requirement.--The Administrator may not provide assistance under this section for any region unless all affected nations in that region participating in the tsunami warning network agree to share relevant data associated with the development and operation of the network.

(e) Funding Assistance.--The Administrator, in coordination with the Secretary of State, shall seek funding assistance from participating nations needed to ensure establishment of a fully functional global tsunami warning system.

(f) Receipt of International Reimbursement Authorized.--The Administrator may accept payment to, or reimbursement of, the National Oceanic and Atmospheric Administration in cash or in kind from international organizations and foreign authorities, or payment or reimbursement made on behalf of such an authority, for expenses incurred by the Administrator in carrying out any activity under this Act. Any such payments or reimbursements shall be considered a reimbursement to the appropriated funds of the Administration.

SEC. 8. COASTAL COMMUNITY VULNERABILITY AND ADAPTATION

PROGRAM.

(a) Establishment.--The Administrator of the National Oceanic and Atmospheric Administration shall establish an integrated coastal vulnerability and adaptation program focused on improving the resilience of coastal communities to natural hazards and disasters. The program shall be regional in nature, build upon and integrate existing Federal and State programs, and provide usable products that will improve preparedness of communities, businesses, and government entities. The program may include the following activities:

(1) Development of multi-hazard vulnerability maps to characterize and assess risks of coastal communities to a range of natural hazards and provide a baseline for assessing future risks.

(2) Multi-disciplinary vulnerability assessment research and education that will help integrate risk management with community development planning and policies.

(3) Risk management and leadership training for the public, local officials, and institutions that will enhance understanding and preparedness.

(4) Risk assessment technology development, including research and development of emerging technologies and practical application of existing or emerging technologies, such as modeling, remote sensing, geospatial technology, engineering, and observing systems.

(5) Risk management data and information services, including access to data and products derived from observing and detection systems, as well as development and maintenance of new integrated data products that would support risk assessment and risk management programs.

(6) Risk notification systems that coordinate with and build upon existing systems and actively engage policy officials, government agencies, businesses, communities, non-governmental organizations, and the media.

(b) Regional Pilot Projects.--

(1) In general.--Within 1 year after the date of enactment of this Act, the Administrator shall, in consultation with the appropriate Federal, State, tribal, and local governmental entities, establish 3 pilot projects to conduct regional assessments of the vulnerability of coastal areas of the United States to hazards associated with tsunami and other natural hazards or coastal disasters. Priority shall be given to collaborative partnership proposals from regionally-based multi-organizational coalitions. In preparing the regional assessments, the Administrator shall collect and compile current information on tsunami and other natural hazards or coastal disasters.

(2) Scope.--Regional assessments under the pilot program shall include an evaluation of--

(A) the social impacts associated with threats to and potential losses of housing, communities, and infrastructure;

(B) the physical impacts such as coastal erosion, flooding and loss of estuarine habitat, saltwater intrusion of aquifers and saltwater encroachment, and species migration;

(C) the economic impact on local, State, tribal, and regional economies, including the impact on coastal infrastructure and the abundance or distribution of economically important living marine resources; and

(D) opportunities to enhance the resilience of at-risk communities, economic sectors, and natural resources.

(c) Selection Criteria.--The Administrator shall rely on the following criteria in identifying appropriate regional pilot projects:

(1) Vulnerability to tsunami and other natural hazards or coastal disasters.

(2) Dependence on economic sectors and natural resources that are particularly sensitive to coastal hazards.

(3) Opportunities to link and leverage related regional risk observation, research, forecasting, assessment, educational and risk management programs.

(4) Demonstration of strong, interagency collaboration in the area of risk management for tsunami and other natural hazards or coastal disasters.

(5) Access to NOAA and other Federal agency programs, facilities, and infrastructure related to tsunami and other coastal hazards monitoring, warning, forecasting, research assessment, and data management.

(d) Regional Adaptation Plans.--The Administrator shall, within 3 years after the commencement of each project under subsection (b), submit to the Congress regional adaptation plans--

(1) based on the information contained in the regional assessments conducted under subsection (b);

(2) developed with the participation of other Federal agencies, State, tribal, and local government agencies, and non-governmental entities (including academia and the private sector) that will be critical in the implementation of the plan at the State, tribal, and local levels;

(3) that recommend targets and strategies to address impacts associated with tsunami and other natural hazards or coastal disasters;

(4) that include recommendations for both short- and long-term adaptation strategies; and

(5) that include recommendations on--

(A) Federal flood insurance program modifications;

(B) areas that have been identified as high risk through mapping and assessment;

(D) mitigation incentives such as rolling easements, strategic retreat, State or Federal acquisition in fee simple or other interest in land, construction standards, and zoning;

(E) land and property owner education;

(F) economic planning for small communities dependent upon affected coastal resources, including fisheries; and

(G) funding requirements and mechanisms.

(e) Technical Planning and Financial Assistance.--The Administrator, through the National Ocean Service, shall establish a coordinated program--

(1) to provide technical planning assistance and financial assistance to coastal States, tribes, and local governments as they develop and implement adaptation or mitigation strategies and plans under this section; and

(2) to make products, information, tools, and technical expertise generated from the development of the regional assessment and the regional adaptation plan available to coastal States for the purposes of developing their own State, tribal, and local plans.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Administrator of the National Oceanic and Atmospheric Administration--

(1) $35,000,000 for each of fiscal years 2006 through 2012 to carry out this Act (other than section 8); and

(2) $5,000,000 for each of such fiscal years to carry out section 8, of which at least $3,000,000 for each fiscal year shall be used to carry out the pilot projects authorized by section 8(b).

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SA 1102. Mr. McCONNELL (for Mr. Stevens (for himself and Mr. Inouye)) proposed an amendment to the bill S. 361, to develop and maintain an integrated system of ocean and coastal observations for the Nation's coasts, oceans and Great Lakes, improve warnings of tsunamis and other natural hazards, enhance homeland security, support maritime operations, and for other purposes; as follows:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Ocean and Coastal Observation System Act of 2005''.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds the following:

(1) Ocean and coastal observations provide vital information for protecting human lives and property from marine hazards, predicting weather, improving ocean health and providing for the protection and enjoyment of the resources of the Nation's coasts, oceans, and Great Lakes.

(2) The continuing and potentially devastating threat posed by tsunamis, hurricanes, storm surges, and other marine hazards requires immediate implementation of strengthened observation and data management systems to provide timely detection, assessment, and warnings to the millions of people living in coastal regions of the United States and throughout the world.

(3) The 95,000-mile coastline of the United States, including the Great Lakes, is vital to the Nation's prosperity, contributing over $117 billion to the national economy in 2000, supporting jobs for more than 200 million Americans, and supporting commercial and sport fisheries valued at more than $50 billion annually.

(4) Responding to coastal hazards and managing fisheries and other coastal activities require improved monitoring of the Nation's waters and coastline, including the ability to provide rapid response teams with real-time environmental conditions necessary for their work.

(5) While knowledge of the ocean and coastal environment and processes is far from complete, advances in sensing technologies and scientific understanding have made possible long-term and continuous observation from shore, from space, and in situ of ocean and coastal characteristics and conditions.

(6) Many elements of an ocean and coastal observing system are in place, but require national investment, consolidation, completion, and integration at Federal, regional, State, and local levels.

(7) The Commission on Ocean Policy recommends a national commitment to a sustained and integrated ocean and coastal observing system and to coordinated research programs in order to assist the Nation and the world in understanding the oceans, improving weather forecasts, strengthening management of ocean and coastal resources, and mitigating marine hazards.

(8) In 2003, the United States led more than 50 nations in affirming the vital importance of timely, quality, long-term global observations as a basis for sound decision-making, recognizing the contribution of observation systems to meet national, regional, and global needs, and calling for strengthened cooperation and coordination in establishing a Global Earth Observation System of Systems, of which an integrated ocean and coastal observing system is an essential part.

(b) Purposes.--The purposes of this Act are to provide for--

(1) the planning, development, and maintenance of an integrated ocean and coastal observing system that provides the data and information to sustain and restore healthy marine and Great Lakes ecosystems and the resources they support, enable advances in scientific understanding of the oceans and the Great Lakes, and strengthen science education and communication;

(2) implementation of research, development, education, and outreach programs to improve understanding of the oceans and Great Lakes and achieve the full national benefits of an integrated ocean and coastal observing system;

(3) implementation of a data and information management system required by all components of an integrated ocean and coastal observing system and related research to develop early warning systems and insure usefulness of data and information for users; and

(4) establishment of a system of regional ocean, coastal, and Great Lakes observing systems to address local needs for ocean information.

SEC. 3. DEFINITIONS.

In this Act:

(1) Council.--The term ``Council'' means the National Ocean Research Leadership Council.

(2) Observing system.--The term ``observing system'' means the integrated coastal, ocean and Great Lakes observing system to be established by the Committee under section 4(a).

(3) Interagency program office.--The term ``interagency program office'' means the office established under section 4(d).

SEC. 4. INTEGRATED OCEAN AND COASTAL OBSERVING SYSTEM.

(a) Establishment.--The President, acting through the Council, shall establish and maintain an integrated system of ocean and coastal observations, data communication and management, analysis, modeling, research, education, and outreach designed to provide data and information for the timely detection and prediction of changes occurring in the ocean, coastal and Great Lakes environment that impact the Nation's social, economic, and ecological systems. The observing system shall provide for long-term, continuous and quality-controlled observations of the coasts, oceans, and Great Lakes for the following purposes:

(1) Improving the health of the Nation's coasts, oceans, and Great Lakes.

(2) Protecting human lives and livelihoods from hazards such as tsunamis, hurricanes, coastal erosion, and fluctuating Great Lakes water levels.

(3) Understanding the effects of human activities and natural variability on the state of the coasts, oceans, and Great Lakes and the Nation's socioeconomic well-being.

(4) Providing for the sustainable use, protection, and enjoyment of ocean, coastal, and Great Lakes resources.

(5) Providing information that can support the eventual implementation and refinement of ecosystem-based management.

(6) Supplying critical information to marine-related businesses such as aquaculture and fisheries.

(7) Supporting research and development to ensure continuous improvement to ocean, coastal, and Great Lakes observation measurements and to enhance understanding of the Nation's ocean, coastal, and Great Lakes resources.

(b) System Elements.--In order to fulfill the purposes of this Act, the observing system shall consist of the following program elements:

(1) A national program to fulfill national observation priorities, including the Nation's ocean contribution to the Global Earth Observation System of Systems and the Global Ocean Observing System.

(2) A network of regional associations to manage the regional ocean and coastal observing and information programs that collect, measure, and disseminate data and information products to meet regional needs.

(3) A data management and dissemination system for the timely integration and dissemination of data and information products from the national and regional systems.

(4) A research and development program conducted under the guidance of the Council.

(5) An outreach, education, and training program that augments existing programs, such as the National Sea Grant College Program, the Centers for Ocean Sciences Education Excellence program, and the National Estuarine Research Reserve System, to ensure the use of the data and information for improving public education and awareness of the Nation's oceans and building the technical expertise required to operate and improve the observing system.

(1) serve as the oversight body for the design and implementation of all aspects of the observing system;

(2) adopt plans, budgets, and standards that are developed and maintained by the interagency program office in consultation with the regional associations;

(3) coordinate the observing system with other earth observing activities including the Global Ocean Observing System and the Global Earth Observing System of Systems;

(4) coordinate and administer programs of research, development, education, and outreach to support improvements to and the operation of an integrated ocean and coastal observing system and to advance the understanding of the oceans;

(5) establish pilot projects to develop technology and methods for advancing the development of the observing system;

(6) provide, as appropriate, support for and representation on United States delegations to international meetings on ocean and coastal observing programs; and

(7) in consultation with the Secretary of State, coordinate relevant Federal activities with those of other nations.

(d) Interagency Program Office.--The Council shall establish an interagency program office to be known as

``OceanUS''. The interagency program office shall be responsible for program planning and coordination of the observing system. The interagency program office shall--

(1) prepare annual and long-term plans for consideration by the Council for the design and implementation of the observing system that promote collaboration among Federal agencies and regional associations in developing the global and national observing systems, including identification and refinement of a core set of variables to be measured by all systems;

(2) coordinate the development of agency priorities and budgets for implementation of the observing system, including budgets for the regional associations;

(3) establish and refine standards and protocols for data management and communications, including quality standards, in consultation with participating Federal agencies and regional associations;

(4) develop a process for the certification of the regional associations and their periodic review and recertification;

(5) establish an external technical committee to provide biennial review of the observing system; and

(6) provide for opportunities to partner or contract with private sector companies in deploying ocean observation system elements.

(e) Lead Federal Agency.--The National Oceanic and Atmospheric Administration shall be the lead Federal agency for implementation and operation of the observing system. Based on the plans prepared by the interagency program office and adopted by the Council, the Administrator of the National Oceanic and Atmospheric Administration shall--

(1) coordinate implementation, operation and improvement of the observing system;

(2) establish efficient and effective administrative procedures for allocation of funds among Federal agencies and regional associations in a timely manner and according to the budget adopted by the Council;

(3) implement and maintain appropriate elements of the observing system;

(4) provide for the migration of scientific and technological advances from research and development to operational deployment;

(5) integrate and extend existing programs and pilot projects into the operational observation system;

(6) certify regional associations that meet the requirements of subsection (f); and

(7) integrate the capabilities of the National Coastal Data Development Center and the Coastal Services Center of the National Oceanic and Atmospheric Administration, and other appropriate centers, into the observing system for the purpose of assimilating, managing, disseminating, and archiving data from regional observation systems and other observation systems.

(f) Regional Associations of Ocean and Coastal Observing Systems.--The Administrator of the National Oceanic and Atmospheric Administration may certify one or more regional associations to be responsible for the development and operation of regional ocean and coastal observing systems to meet the information needs of user groups in the region while adhering to national standards. To be certifiable by the Administrator, a regional association shall--

(1) demonstrate an organizational structure capable of supporting and integrating all aspects of ocean and coastal observing and information programs within a region;

(2) operate under a strategic operations and business plan that details the operation and support of regional ocean and coastal observing systems pursuant to the standards established by the Council;

(3) provide information products for multiple users in the region;

(4) work with governmental entities and programs at all levels within the region to provide timely warnings and outreach to protect the public; and

(5) meet certification standards developed by the interagency program office in conjunction with the regional associations and approved by the Council.

Nothing in this Act authorizes a regional association to engage in lobbying activities (as defined in section 3(7) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(7)).

(g) Civil Liability.--For purposes of section 1346(b)(1) and chapter 171 of title 28, United States Code, the Suits in Admiralty Act (46 U.S.C. App. 741 et seq.), and the Public Vessels Act (46 U.S.C. App. 781 et seq.), any regional ocean and coastal observing system that is a designated part of a regional association certified under this section shall, in carrying out the purposes of this Act, be deemed to be part of the National Oceanic and Atmospheric Administration, and any employee of such system, while acting within the scope of his or her employment in carrying out such purposes, shall be deemed to be an employee of the Government.

SEC. 5. RESEARCH, DEVELOPMENT, AND EDUCATION.

The Council shall establish programs for research, development, education, and outreach for the ocean and coastal observing system, including projects under the National Oceanographic Partnership Program, consisting of the following:

(1) Basic research to advance knowledge of ocean and coastal systems and ensure continued improvement of operational products, including related infrastructure and observing technology.

(2) Focused research projects to improve understanding of the relationship between the coasts and oceans and human activities.

(3) Large scale computing resources and research to advance modeling of ocean and coastal processes.

(4) A coordinated effort to build public education and awareness of the ocean and coastal environment and functions that integrates ongoing activities such as the National Sea Grant College Program, the Centers for Ocean Sciences Education Excellence, and the National Estuarine Research Reserve System.

SEC. 6. INTERAGENCY FINANCING.

The departments and agencies represented on the Council are authorized to participate in interagency financing and share, transfer, receive, obligate, and expend funds appropriated to any member of the Council for the purposes of carrying out any administrative or programmatic project or activity under this Act or under the National Oceanographic Partnership Program, including support for the interagency program office, a common infrastructure, and system integration for a ocean and coastal observing system. Funds may be transferred among such departments and agencies through an appropriate instrument that specifies the goods, services, or space being acquired from another Council member and the costs of the same.

SEC. 7. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT.

Nothing in this Act supersedes, or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the National Oceanic and Atmospheric Administration for the implementation of an integrated ocean and coastal observing system under section 4, and the research and development program under section 5, including financial assistance to the interagency program office, the regional associations for the implementation of regional ocean and coastal observing systems, and the departments and agencies represented on the Council, $150,000,000 for each of fiscal years 2006 through 2010. At least 50 percent of the sums appropriated for the implementation of the integrated ocean and coastal observing system under section 4 shall be allocated to the regional associations certified under section 4(f) for implementation of regional ocean and coastal observing systems. Sums appropriated pursuant to this section shall remain available until expended. SEC. 9. REPORTING REQUIREMENT.

Not later than March 31, 2010, the President, acting through the Council, shall transmit to Congress a report on the programs established under sections 4 and 5. The report shall include a description of activities carried out under the programs, an evaluation of the effectiveness of the programs, and recommendations concerning reauthorization of the programs and funding levels for the programs in succeeding fiscal years.

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SA 1103. Mr. McCONNELL (for Mr. Stevens (for himself and Mr. Inouye) proposed an amendment to the bill S. 361, to develop and maintain an integrated system of ocean and coastal observations for the Nation's coasts, oceans and Great Lakes, improve warnings of tsunamis and other natural hazards, enhance homeland security, support maritime operations, and for other purposes; as follows:

Amend the title so as to read ``A bill to develop and maintain an integrated system of ocean and coastal observations for the Nation's coasts, oceans and Great Lakes, improve warnings of tsunamis and other natural hazards, and for other purposes.''.

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SA 1104. Mr. ENSIGN submitted an amendment intended to be proposed by him to the bill H.R. 2360, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2006, and for other purposes; which was ordered to lie on the table; as follows:

On page 69, line 12, after ``presence:'', insert the following: ``Provided further, That of the amount made available under this heading, an amount shall be available for the Transportation Security Administration to develop a plan to research, test, and implement multi compartment bins to screen passenger belongings at security checkpoints: ''

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SOURCE: Congressional Record Vol. 151, No. 91

“TEXT OF AMENDMENTS” published by the Congressional Record on July 1, 2005

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