Coordinated Ocean Observations and Research Act of 2020

134 STAT. 3331 PUBLIC LAW 116–271—DEC. 31, 2020 Public Law 116–271 116th Congress An Act To reauthorize the Integrated Coastal and Ocean Observation System Act of 2009, to clarify the authority of the Administrator of the National Oceanic and Atmos- pheric Administration with respect to post-storm assessments, and to require the establishment of a National Water Center, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as the ‘‘Coordinated Ocean Observations and Research Act of 2020’’. (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—REAUTHORIZATION OF INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM ACT OF 2009 Sec. 101. Purposes. Sec. 102. Definitions. Sec. 103. Integrated Coastal and Ocean Observation System. Sec. 104. Financing and agreements. Sec. 105. Reports to Congress. Sec. 106. Public-private use policy. Sec. 107. Repeal of independent cost estimate. Sec. 108. Authorization of appropriations. Sec. 109. Reports and research plans. Sec. 110. Strategic research plan. Sec. 111. Stakeholder input on monitoring. Sec. 112. Research activities. TITLE II—NAMED STORM EVENT MODEL AND POST-STORM ASSESSMENTS Sec. 201. Named Storm Event Model and post-storm assessments. TITLE III—WATER PREDICTION AND FORECASTING Sec. 301. Water prediction and forecasting. TITLE I—REAUTHORIZATION OF INTE- GRATED COASTAL AND OCEAN OB- SERVATION SYSTEM ACT OF 2009 SEC. 101. PURPOSES. Section 12302 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601) is amended to read as follows: ‘‘SEC. 12302. PURPOSES. ‘‘The purposes of this subtitle are— Coordinated Ocean Observations and Research Act of 2020. 33 USC 3601 note. Dec. 31, 2020 [S. 914] VerDate Sep 11 2014 15:13 Feb 18, 2021 Jkt 019139 PO 00271 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL271.116 PUBL271 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 3332 PUBLIC LAW 116–271—DEC. 31, 2020 ‘‘(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 observa- tion and modeling capabilities, technologies, data management systems, communication systems, and product development sys- tems, and is designed to address regional and national needs for ocean and coastal information, to gather specific data on key ocean, coastal, 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 produc- tion, 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 steward- ship 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 to ensure the Nation can respond to opportunities to enhance food, economic, and national secu- rity; and ‘‘(F) to monitor and model changes in the oceans and Great Lakes, including with respect to chemistry, harmful algal blooms, hypoxia, water levels, and other phenomena; ‘‘(2) to improve the Nation’s capability to measure, track, observe, understand, and predict events related directly and indirectly to weather and climate, natural climate variability, and interactions between the oceanic and atmospheric environ- ments, including the Great Lakes; ‘‘(3) to sustain, upgrade, and modernize the Nation’s ocean and Great Lakes observing infrastructure to detect changes and ensure delivery of reliable and timely information; and ‘‘(4) 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 such as unmanned maritime sys- tems needed to address critical data gaps, modeling sys- tems, other scientific and technological capabilities to improve the understanding of weather and climate, ocean- atmosphere dynamics, global climate change, and the phys- ical, chemical, and biological dynamics of the ocean, coastal, and Great Lakes environments; and ‘‘(B) to conserve healthy and restore degraded coastal ecosystems.’’. VerDate Sep 11 2014 15:13 Feb 18, 2021 Jkt 019139 PO 00271 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL271.116 PUBL271 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 3333 PUBLIC LAW 116–271—DEC. 31, 2020 SEC. 102. DEFINITIONS. Section 12303 of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3602) is amended— (1) in paragraph (2), by striking ‘‘section 7902’’ and inserting ‘‘section 8932’’; (2) in paragraph (5), by striking ‘‘integrated into the System and are managed through States, regional organizations, universities, nongovernmental organizations, or the private sector’’ and inserting ‘‘managed through States, regional organizations, universities, nongovernmental organizations, or the private sector and integrated into the System by a regional coastal observing system, the National Oceanic and Atmospheric Administration, or the agencies participating in the Interagency Ocean Observation Committee’’; (3) by amending paragraph (6) to read as follows: ‘‘(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 observing systems in order to ensure the provision of data and information that meet the needs of user groups from the respective regions.’’; and (4) in paragraph (7), by striking ‘‘National Oceanic and Atmospheric Administration’’ and inserting ‘‘Administrator’’. SEC. 103. INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM. (a) SYSTEM ELEMENTS.— (1) IN GENERAL.—Section 12304(b) of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603(b)) is amended by striking paragraph (1) and inserting the fol- lowing: ‘‘(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) observing, modeling, data management, and communication systems for the timely integration and dissemination of data and information products from the System, including 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; ‘‘(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— Reviews. Recommenda- tions. VerDate Sep 11 2014 15:13 Feb 18, 2021 Jkt 019139 PO 00271 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL271.116 PUBL271 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 3334 PUBLIC LAW 116–271—DEC. 31, 2020 ‘‘(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 infrastruc- ture, observing technologies such as unmanned maritime systems, and information and data proc- essing and management technologies; ‘‘(ii) an advanced observing technology develop- ment program to fill gaps in technology; ‘‘(iii) large scale computing resources and research to advance modeling of ocean, coastal, and Great Lakes processes; ‘‘(iv) models to improve regional weather fore- casting 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) AVAILABILITY OF DATA.—Section 12304(b)(3) of such Act (33 U.S.C. 3603(b)(3)) is amended by inserting ‘‘for research and for use in the development of products to address societal needs’’ before the period at the end. (b) POLICY OVERSIGHT, ADMINISTRATION, AND REGIONAL COORDINATION.—Section 12304(c) of the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603(c)) is amended by striking paragraphs (2), (3), and (4), and inserting the following: ‘‘(2) INTERAGENCY OCEAN OBSERVATION COMMITTEE.— ‘‘(A) ESTABLISHMENT.—The Council shall establish or designate a committee, which shall be known as the ‘Inter- agency Ocean Observation Committee’. ‘‘(B) DUTIES.—The Interagency Ocean Observation Committee shall— ‘‘(i) prepare annual and long-term plans for consid- eration 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; ‘‘(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 coastal observing systems, priorities for System observations; Reviews. Recommenda- tions. VerDate Sep 11 2014 15:13 Feb 18, 2021 Jkt 019139 PO 00271 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL271.116 PUBL271 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 3335 PUBLIC LAW 116–271—DEC. 31, 2020 ‘‘(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 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 Federal agencies partici- pating in the Interagency Ocean Observation Com- mittee, in consultation with the System advisory com- mittee 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, innova- tive, and emerging scientific and technological advances from research and development to oper- ational deployment; ‘‘(viii) periodically— ‘‘(I) review the System Plan; and ‘‘(II) submit to the Council such recommenda- tions as the Interagency Ocean Observation Com- mittee may have for improvements to the System Plan; ‘‘(ix) ensure collaboration among Federal agencies participating in 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 Fed- eral 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 that— VerDate Sep 11 2014 15:13 Feb 18, 2021 Jkt 019139 PO 00271 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL271.116 PUBL271 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 3336 PUBLIC LAW 116–271—DEC. 31, 2020 ‘‘(I) utilizes, to the extent necessary, personnel from Federal agencies participating in the Inter- agency Ocean Observation Committee; and ‘‘(II) oversees daily operations and coordina- tion of the System; ‘‘(ii) implement policies, protocols, and standards approved by the Council and delegated by the Inter- agency Ocean Observation Committee; ‘‘(iii) promulgate program guidelines— ‘‘(I) to certify and integrate regional associa- tions 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 coastal observing systems, to support the purposes of this sub- title on such terms as the Administrator deems appro- priate; ‘‘(v) implement and maintain a merit-based, competitive funding process to support non-Federal assets, including the d [Text truncated for display. 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