The Ocean Observing System Coalition

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, [email protected] 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 Weldon-Allen Gilchrest House Bill House Bill Senate Bill House Bill 108th 109th 109th 109th Section 1 H.R. 5001 Pending S. 361 H.R. 1489 Section 1 Bill Number Ocean and Introduction Ocean and Coastal Ocean Bill Number Coastal Coastal and Ocean Coastal Observation Short Title Observation Observation Observation System Integration Short Title Systems Act of System Act of System Act of Act of 2005 2004 2005 2005 Section 2 Ten findings and Slightly modified Eight findings Five purposes are Section 2 Findings and 4 purposes are from HR 5001. and four identifies in Purposes identified in Mirrors the purposes are support of the Purposes support of the language in S. identified in legislation legislation. 361. support of the (includes tsunamis) legislation

(includes tsunamis) Section 3 (2) ‘IOOS’ means (1) adds (2) ‘Observing (1) “Council” Section 3 Definitions the integrated ‘Committee’ -the System’ means means the National Definitions ocean and coastal Committee on the integrated Ocean Research observing system Ocean Policy costal, ocean Leadership established under and Great Council” executive order Lakes (2) “Panel” means December 17, observing the Ocean and 2004 system Research Advisory Panel” (2) The House (3) “System” bill was modified means the Coastal to adopt the Ocean Observation Senate definition System (COOS). for ‘Observing System’ in place of IOOS Section 4 (a) (a) (a) (a) Establishment Section 4 Integrated Establishment Establishment: Establishment The bill requires Coastal Ocean Ocean and (1)-(10) same as The bill authorizes (1)-(10) Same the Secretary in Observing System Senate bill S. 361 the ‘Committee’ as House bill consultation with (COOS). Coastal Omits paragraph (see definitions) 5001 the Council to Observing (11) acting through the (11) establish and (a) Establishment System Council, to Supporting maintain the (IOCOS). (d) Interagency establish and research and COOS. (b) Components Program Office maintain the development and Functions Despite variations IOCOS. The term to ensure (b) COOS consists (a) Establishment in the bill ‘Committee’ continuous of designated units (b) Systems language, the replaces ‘the improvement transmitting data to Elements goals and intent President’ as to costal and users including real - same in all of this section are written in the ocean time, forecasting, bills the same as those previous version. observation and data included in the measurements management tasks (c) Council Senate bill. The bill also and to enhance as appropriate. Functions reflects the understanding - same in all (f) Regional inclusion of of the Nation’s bills Systems paragraph (11) as costal ocean (d) Interagency In addition to the included in S. 361. resources. Program three criteria Office outlined in (d) Interagency (f) Regional S. 361, the House Program Office Systems (e) Lead Federal bill includes two The House The Senate bill Agency additional criteria language was includes initial - same in all for Regional modified to mirror language bills Systems. the Senate denoting that (1)-(3) remain the language Regional (f) Regional same Systems may Systems (f) Regional be certified by (4) requires Systems the (g) Civil Liability intergovernmental This section Administrator - same in all cooperation to mirrors the of NOAA. bills provide timely language in HR The House bill warnings, 5001. includes outreach, and similar

education to language in protect the public. paragraph (5) (5) requires as specific certification by criteria for NOAA – the Regional Senate bill Systems. includes similar language This section requiring NOAA also outlines certification. three specific criteria for Regional Systems.

Section 5 No corresponding The House bill Authorizes the (a) Secretary Section 5 Research and language was was modified to ‘Council’ to consulting with Designation of included. include the Senate establish Council designates Development language programs for federal and non- Units and and Education authorizing these R&D and federal entities Standards programs. education, operating remote including and in situ marine (a) In general projects under sensors to be the National included in COOS. (b) Criteria for Oceanographic Designation Partnership (b) must have Program. adequate technical (c) Data Standards, expertise to operate Protocols, and Four priorities and sustain Systems are identified. 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 Section 6 Authorizes No Change Authorizes (b) Secretary Section 6 Interagency interagency interagency consults with Coordination financing and financing and Council to ensure Financing transfers transfers. that collection is and Activities adequate for of the System The same The same purposes identified language is language is (a) In general included in the included in the (c) Secretary Senate and House Senate and ensures COOS (b) Included bills. House bills. does not compete Activities with private sector or duplicate efforts. (c) Preventing competition in the

private sector and duplication of effort Section 7 Authorized $100 Authorizes such Authorizes Designated units Section 7 Authorization million in FY06, funds as necessary such funds as and employees of Civil Liability of which $50 for each of fiscal necessary for COOS are liable of million is years 2006-2010. each of fiscal under US Code. Appropriations. designated for years 2006- Regional 2010. Associations. Section 8 Not later than This section was Not later than Secretary will: with Section 8 Reporting March 31, 2006, modified to mirror March 31, Panel and user Data the President, the language 2010, the groups develop Requirement acting through the included in President, products; consult Availability and Council shall S. 361 reflecting a acting through with Council to Products provide a report reporting the Council integrate and make to Congress. requirement of shall provide a data available; with March 31, 2010. report to stakeholders Congress. develop forecast models (a) Secretary and Section 9 Council carry out Pilot Projects pilot projects to determine effectiveness of (a) Requirement collection and integration for (b) Included COOS purposes. Projects

(b) test data integration among sensors, demonstrate benefits of system, advanced technologies. Secretary with Section 10 Council formulate Process for process to fund research for new Transition from technology to be Research to tested in pilot Operation projects including biological, chemical and satellite sensors and addressing timeliness and accuracy of predictive models, with successes to be incorporated into COOS. Secretary can Section 11 contract or make

grants to units of Contracts and COOS. Grants Secretary will Section 12 submit a plan to Implementation coordinate and fund COOS Plan activities within a year of enactment. Secretary shall Section 13 report to Congress Report to every 2 years and include evaluation, Congress benefits and recommendations (a) Requirement

(b) Contents

Authorizes funds Section 14 for FY 2005-2008 Authorization of beginning at $25 million and Appropriations increasing to $40 million.

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.