The Ocean Observing System Coalition
Legislative Update: April 8, 2005
Rep. Gilchrest and Rep. Weldon introducing separate Ocean Observing Bills
Rep. Wayne Gilchrest (R-MD) introduced on April 6 HR 1489, The Coastal Ocean Observation
System Integration and Implementation Act of 2005. Rep. Curt Weldon (R-PA), Rep. Thomas
Allen (D-ME) and as many as twelve additional original cosponsors are moving to introduce a
separate bill the week of April 11 titled The Coastal and Ocean Observation System Act of 2005.
Both House bills correspond to S361, the Ocean and Coastal Observation System Act of 2005,
which was passed out of the Senate Commerce Committee on March 9 and will be considered
soon by the full Senate. See page 2 for additional information.
House Resources Committee Holding Ocean Observing Hearing on April 19
Rep. Wayne Gilchrest (R-MD), Chairman of the House Fisheries and Oceans Subcommittee,
plans to hold an ocean observing hearing on April 19 to receive testimony related to his recently
introduced HR 1489, The Coastal Ocean Observation System Integration and Implementation
Act of 2005. Expected Witnesses as of April 8 for the hearing include representatives from
NOAA and at least two other federal agencies, and a non-government panel including
representatives from the American Pilots Association, South Carolina Coastal Zone
Management, Rutgers University, the Commission on Ocean Policy
House Ocean Caucus Leaders Support FY ’06 $75 million IOOS Request
Rep. Weldon (R-PA) and Rep. Allen (D-ME) plan to send a letter to the Chair and Ranking
Member of the House Science, State, Justice, and Commerce Appropriations Subcommittee in
support of the $75 million budget target for the initial NOAA funding of Integrated Ocean
Observing System (IOOS). The letter will be circulated the week of April 11 to the other four
House Ocean Caucus Co-Chairs, and time permitting to the full Ocean Caucus membership, with
the goal of getting additional signatures. The Coalition will be working to generate a similar
support letter to the Chair and Ranking Member of the Senate Commerce, Justice, State
Appropriations Subcommittee. See Page 6 for additional information.
IOOS Industry Conference March 18 Demonstrates Strong Interest in IOOS
The Ocean.US Industry Conference on March 18 in Washington, DC attracted over 150 people
and demonstrated strong industry and community interest in the Integrated Ocean Observing
System (IOOS). A series of panelists spoke to a full audience about plans for IOOS, the
relationship of IOOS to other planned and existing federal ocean and climate observing
programs, opportunities for industry to participate in IOOS, and the funding outlook for IOOS.
Ocean.US will host additional Industry Day conferences in other U.S. cities in the coming
months. Information about the March 18 conference and future conferences can be found on the
Ocean.US web site: www.Ocean.US.
For more information on ocean observing legislation and the need for a national ocean observing system, contact
Glen Mandigo with the Ocean Observing System Coalition at 202-467-5459, ext. 224, Glen@Strategicmi.com
April 8, 2005
Page 2
Ocean Observing Legislation Introduced in the House
Rep. Wayne Gilchrest (R-MD) introduced on April 6 HR 1489, The Coastal Ocean Observation
System Integration and Implementation Act of 2005. In addition, Rep. Curt Weldon (R-PA),
Rep. Thomas Allen (D-ME) and as many as twelve additional original cosponsors are moving to
introduce a separate bill the week of April 11 titled The Coastal and Ocean Observation System
Act of 2005. Table 1 presents a side by side comparison between HR 5001, which was
introduced in the 108th Congress by Rep. Weldon; the Leg Counsel version of the bill that Mr.
Weldon and Mr. Allen intend to reintroduce the week of April 11; S361, which was passed out
of the Senate Commerce Committee on March 9, 2005; and Mr. Gilchrest’s HR 1489
The good news for ocean observing is that these bills demonstrate the growing interest and
momentum to provide the necessary legislative framework to implement the Integrated Ocean
Observing System. The challenge for the community is to support these bills and work to reach
consensus on the key differences in the legislation.
S 361 and the pending bill to be introduced by Rep. Weldon and others are the closes to the
consensus draft legislation developed by the ocean observing community over the past six
months. HR 1489 pulls from several previous pieces of legislation and draft ocean observing
bills, and a quick analysis by several people in the ocean observing community resulted in
questions and concerns about selected provisions of HR 1489. Items of particular concern
include: a very low authorization level which corresponds to House budget limits on legislation
versus a real budget estimate for IOOS, and no specific reference to regional associations in
implementing IOOS.
To that end, the Coalition met yesterday with the House Fisheries and Oceans Subcommittee
staff who drafted HR 1489. The staff are very open to recommendations and adjustments to the
bill. The hearing scheduled for April 19 is a formal mechanism for comment on the bill. The
record will be held open for two weeks following the hearing for additional formal comments.
Informal comments and suggestions are also welcome, and the coalition started that process
yesterday. Please provide your feedback on the legislation to Glen Mandigo for compilation.
Table 1: Comparisons of Coastal and Observation System legislation as introduced
(Summary of modifications and differences in related legislation regarding a National Coastal and Ocean Observation System.)
Allen-Weldon
House Bill
108th
Weldon-Allen
House Bill
109th
Senate Bill
109th
Gilchrest
House Bill
109th
Section 1
Bill Number
Short Title
H.R. 5001
Ocean and
Coastal
Observation
Systems Act of
2004
Pending
Introduction
Coastal and Ocean
Observation
System Act of
2005
S. 361
Ocean and
Coastal
Observation
System Act of
2005
H.R. 1489
Coastal Ocean
Observation
System Integration
Act of 2005
Section 1
Bill Number
Short Title
Section 2
Findings and
Purposes
Ten findings and
4 purposes are
identified in
support of the
legislation.
Slightly modified
from HR 5001.
Mirrors the
language in S.
361.
Eight findings
and four
purposes are
identified in
support of the
legislation
Five purposes are
identifies in
support of the
legislation
(includes tsunamis)
Section 2
Purposes
For more information on ocean observing legislation and the need for a national ocean observing system, contact
Glen Mandigo with the Ocean Observing System Coalition at 202-467-5459, ext. 224, Glen@Strategicmi.com
April 8, 2005
Page 3
(includes
tsunamis)
Section 3
Definitions
(2) ‘IOOS’ means
the integrated
ocean and coastal
observing system
(1) adds
‘Committee’ -the
Committee on
Ocean Policy
established under
executive order
December 17,
2004
(2) ‘Observing
System’ means
the integrated
costal, ocean
and Great
Lakes
observing
system
(1) “Council”
means the National
Ocean Research
Leadership
Council”
(2) “Panel” means
the Ocean and
Research Advisory
Panel”
(3) “System”
means the Coastal
Ocean Observation
System (COOS).
(a)
Establishment
(1)-(10) Same
as House bill
5001
(11)
Supporting
research and
development
to ensure
continuous
improvement
to costal and
ocean
observation
measurements
and to enhance
understanding
of the Nation’s
costal ocean
resources.
(a) Establishment
The bill requires
the Secretary in
consultation with
the Council to
establish and
maintain the
COOS.
(2) The House
bill was modified
to adopt the
Senate definition
for ‘Observing
System’ in place
of IOOS
Section 4
Integrated
Ocean and
Coastal
Observing
System
(IOCOS).
(a) Establishment
(b) Systems
Elements
- same in all
bills
(c) Council
Functions
- same in all
bills
(d) Interagency
Program
Office
(e) Lead Federal
Agency
- same in all
bills
(f) Regional
Systems
(g) Civil Liability
- same in all
bills
(a)
Establishment
(1)-(10) same as
Senate bill S. 361
Omits paragraph
(11)
(d) Interagency
Program Office
Despite variations
in the bill
language, the
goals and intent
of this section are
the same as those
included in the
Senate bill.
(f) Regional
Systems
In addition to the
three criteria
outlined in
S. 361, the House
bill includes two
additional criteria
for Regional
Systems.
(1)-(3) remain the
same
(4) requires
intergovernmental
cooperation to
provide timely
warnings,
outreach, and
education to
(a)
Establishment:
The bill authorizes
the ‘Committee’
(see definitions)
acting through the
Council, to
establish and
maintain the
IOCOS. The term
‘Committee’
replaces ‘the
President’ as
written in the
previous version.
The bill also
reflects the
inclusion of
paragraph (11) as
included in S. 361.
(d) Interagency
Program Office
The House
language was
modified to mirror
the Senate
language
(f) Regional
Systems
This section
mirrors the
language in HR
5001.
(b) COOS consists
of designated units
transmitting data to
users including real
time, forecasting,
and data
management tasks
as appropriate.
Section 3
Definitions
Section 4
Coastal Ocean
Observing System
(COOS).
(a) Establishment
(b) Components
and Functions
(f) Regional
Systems
The Senate bill
includes initial
language
denoting that
Regional
Systems may
be certified by
the
Administrator
of NOAA.
The House bill
includes
similar
For more information on ocean observing legislation and the need for a national ocean observing system, contact
Glen Mandigo with the Ocean Observing System Coalition at 202-467-5459, ext. 224, Glen@Strategicmi.com
April 8, 2005
Page 4
protect the public.
language in
paragraph (5)
as specific
criteria for
Regional
Systems.
(5) requires
certification by
NOAA – the
Senate bill
includes similar
language
requiring NOAA
certification.
Section 5
Research and
Development
and Education
No corresponding
language was
included.
This section
also outlines
three specific
criteria for
Regional
Systems.
The House bill
was modified to
include the Senate
language
authorizing these
programs.
Authorizes the
‘Council’ to
establish
programs for
R&D and
education,
including
projects under
the National
Oceanographic
Partnership
Program.
Four priorities
are identified.
Section 6
Interagency
Financing
Authorizes
interagency
financing and
transfers
The same
language is
included in the
Senate and House
bills.
No Change
Authorizes
interagency
financing and
transfers.
The same
language is
included in the
Senate and
House bills.
(a) Secretary
consulting with
Council designates
federal and nonfederal entities
operating remote
and in situ marine
sensors to be
included in COOS.
(b) must have
adequate technical
expertise to operate
and sustain
technology, and
collect and
distribute data
(c) Secretary
consults with
Council and Panel
establish standards,
protocols and
quality control
assessment systems
for collection,
availability and
distribution
(b) Secretary
consults with
Council to ensure
that collection is
adequate for
purposes identified
Section 5
Designation of
Units and
Standards
(a) In general
(b) Criteria for
Designation
(c) Data Standards,
Protocols, and
Systems
Section 6
Coordination
and Activities
of the System
(a) In general
(c) Secretary
ensures COOS
does not compete
with private sector
or duplicate efforts.
(b) Included
Activities
(c) Preventing
competition in the
For more information on ocean observing legislation and the need for a national ocean observing system, contact
Glen Mandigo with the Ocean Observing System Coalition at 202-467-5459, ext. 224, Glen@Strategicmi.com
April 8, 2005
Page 5
private sector and
duplication of
effort
Section 7
Authorization
of
Appropriations.
Authorized $100
million in FY06,
of which $50
million is
designated for
Regional
Associations.
Authorizes such
funds as necessary
for each of fiscal
years 2006-2010.
Authorizes
such funds as
necessary for
each of fiscal
years 20062010.
Designated units
and employees of
COOS are liable
under US Code.
Section 7
Civil Liability
Section 8
Reporting
Requirement
Not later than
March 31, 2006,
the President,
acting through the
Council shall
provide a report
to Congress.
This section was
modified to mirror
the language
included in
S. 361 reflecting a
reporting
requirement of
March 31, 2010.
Not later than
March 31,
2010, the
President,
acting through
the Council
shall provide a
report to
Congress.
Secretary will: with
Panel and user
groups develop
products; consult
with Council to
integrate and make
data available; with
stakeholders
develop forecast
models
(a) Secretary and
Council carry out
pilot projects to
determine
effectiveness of
collection and
integration for
COOS purposes.
Section 8
Data
Availability and
Products
(b) test data
integration among
sensors,
demonstrate
benefits of system,
advanced
technologies.
Secretary with
Council formulate
process to fund
research for new
technology to be
tested in pilot
projects including
biological,
chemical and
satellite sensors
and addressing
timeliness and
accuracy of
predictive models,
with successes to
be incorporated
into COOS.
Secretary can
contract or make
Section 9
Pilot Projects
(a) Requirement
(b) Included
Projects
Section 10
Process for
Transition from
Research to
Operation
Section 11
For more information on ocean observing legislation and the need for a national ocean observing system, contact
Glen Mandigo with the Ocean Observing System Coalition at 202-467-5459, ext. 224, Glen@Strategicmi.com
April 8, 2005
Page 6
grants to units of
COOS.
Secretary will
submit a plan to
coordinate and
fund COOS
activities within a
year of enactment.
Secretary shall
report to Congress
every 2 years and
include evaluation,
benefits and
recommendations
Contracts and
Grants
Section 12
Implementation
Plan
Section 13
Report to
Congress
(a) Requirement
(b) Contents
Authorizes funds
for FY 2005-2008
beginning at $25
million and
increasing to $40
million.
Section 14
Authorization
of
Appropriations
FY ’06 Appropriations Outlook
The FY ’06 Appropriations process got off to a slow start, but the process is now moving
forward with a new committee structure and some new decision makers on budgets for Ocean
Observing. Senator Richard Shelby (R-AL) took over from Sen. Judd Gregg (R-NH) as the
Chairman of the Senate Commerce, Justice, State (CJS) Appropriations Subcommittee, and
Senator Barbara Mikulski (D-MD) took over as Ranking Member on the Subcommittee for
retiring Senator Ernest Hollings (D-SC). This Senate committee and the corresponding House
Science, State, Justice and Commerce (SSJC) Appropriations Subcommittee were granted
authority over the budgets for the National Science Foundation (which includes the Orion ocean
observing program) and the National Aeronautics and Space Administration.
The Coalition met in February with the majority professional appropriations committee staff for
these two subcommittees to request $75 million for NOAA in FY ’06 as the initial funding level
for IOOS. The Senate appropriated $75 million for IOOS in FY ’05 in its bill. So the Senate
was receptive to the Coalition’s message to try again to provide that same funding level in FY
’06. The House has historically underfunded NOAA in general, so it will be a challenge to reach
$75 million in their bill.
The Coalition is working to generate Member and Senator support for the $75 million
appropriation. The House Oceans Caucus plans to send a letter to the SSJC Appropriations
Subcommittee Chair and Ranking Member requesting $75 million for IOOS. The Coalition will
be working to generate a similar letter to the Senate CJS Appropriations Subcommittee Chair and
Ranking Member.
For more information on ocean observing legislation and the need for a national ocean observing system, contact
Glen Mandigo with the Ocean Observing System Coalition at 202-467-5459, ext. 224, Glen@Strategicmi.com