[116th Congress Public Law 271]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 3331]]
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 Atmospheric Administration with respect to post-storm
assessments, and to require the establishment of a National Water
Center, and for other purposes. <<NOTE: Dec. 31, 2020 - [S. 914]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Coordinated
Ocean Observations and Research Act of 2020. 33 USC 3601 note.>>
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 INTEGRATED COASTAL AND OCEAN OBSERVATION
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--
[[Page 134 STAT. 3332]]
``(1) to establish and sustain a national integrated System
of ocean, coastal, and Great Lakes observing systems, comprised
of Federal and non-Federal components coordinated at the
national level by the Council and at the regional level by a
network of regional coastal observing systems, and that includes
in situ, remote, and other coastal and ocean observation and
modeling capabilities, technologies, data management systems,
communication systems, and product development systems, and is
designed to address regional and national needs for ocean and
coastal information, to gather specific data on key 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
production, economic development, ecosystem-based
marine, coastal, and Great Lakes resource management,
public safety, and public outreach and education;
``(C) to promote greater public awareness and
stewardship of the Nation's ocean, coastal, and Great
Lakes resources and the general public welfare;
``(D) to provide easy access to ocean, coastal, and
Great Lakes data and promote data sharing between
Federal and non-Federal sources and promote public data
sharing;
``(E) to enable advances in scientific understanding
to support the sustainable use, conservation,
management, and understanding of healthy ocean, coastal,
and Great Lakes resources to ensure the Nation can
respond to opportunities to enhance food, economic, and
national security; 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
environments, 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 systems needed to address critical data gaps,
modeling systems, other scientific and technological
capabilities to improve the understanding of weather and
climate, ocean-atmosphere dynamics, global climate
change, and the physical, chemical, and biological
dynamics of the ocean, coastal, and Great Lakes
environments; and
``(B) to conserve healthy and restore degraded
coastal ecosystems.''.
[[Page 134 STAT. 3333]]
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 following:
``(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) <<NOTE: Reviews. Recommenda- tions.>>
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--
[[Page 134 STAT. 3334]]
``(i) basic and applied research and
technology development--
``(I) to improve understanding of
coastal and ocean systems and their
relationships to human activities; and
``(II) to ensure improvement of
operational assets and products,
including related infrastructure,
observing technologies such as unmanned
maritime systems, and information and
data processing and management
technologies;
``(ii) an advanced observing technology
development program to fill gaps in technology;
``(iii) large scale computing resources and
research to advance modeling of ocean, coastal,
and Great Lakes processes;
``(iv) models to improve regional weather
forecasting capabilities and regional weather
forecasting products; and
``(v) <<NOTE: Reviews. Recommenda- tions.>>
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
`Interagency Ocean Observation Committee'.
``(B) Duties.--The Interagency Ocean Observation
Committee shall--
``(i) prepare annual and long-term plans for
consideration and approval by the Council for the
integrated design, operation, maintenance,
enhancement, and expansion of the System to meet
the objectives of this 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;
[[Page 134 STAT. 3335]]
``(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 participating in the Interagency
Ocean Observation Committee, in consultation with
the System advisory committee established under
subsection (d), a competitive matching grant or
other programs--
``(I) to promote intramural and
extramural research and development of
new, innovative, and emerging
observation technologies including
testing and field trials; and
``(II) to facilitate the migration
of new, innovative, and emerging
scientific and technological advances
from research and development to
operational deployment;
``(viii) periodically--
``(I) review the System Plan; and
``(II) submit to the Council such
recommendations as the Interagency Ocean
Observation Committee may have for
improvements to the System Plan;
``(ix) ensure collaboration among Federal
agencies participating in the Interagency Ocean
Observation Committee; and
``(x) perform such additional duties as the
Council may delegate.
``(3) Lead federal agency.--
``(A) In general.--The National Oceanic and
Atmospheric Administration shall function as the lead
Federal agency for the implementation and administration
of the System.
``(B) Consultation required.--In carrying out this
paragraph, the Administrator shall consult with the
Council, the Interagency Ocean Observation Committee,
other Federal agencies that maintain portions of the
System, and the regional coastal observing systems.
``(C) Requirements.--In carrying out this paragraph,
the Administrator shall--
``(i) establish and operate an Integrated
Ocean Observing System Program Office within the
National Oceanic and Atmospheric Administration
that--
[[Page 134 STAT. 3336]]
``(I) utilizes, to the extent
necessary, personnel from Federal
agencies participating in the
Interagency Ocean Observation Committee;
and
``(II) oversees daily operations and
coordination of the System;
``(ii) implement policies, protocols, and
standards approved by the Council and delegated by
the Interagency Ocean Observation Committee;
``(iii) <<NOTE: Guidelines.>> promulgate
program guidelines--
``(I) <<NOTE: Certification.>> to
certify and integrate regional
associations into the System; and
``(II) to provide regional coastal
and ocean observation data that meet the
needs of user groups from the respective
regions;
``(iv) have the authority to enter into and
oversee contracts, leases, grants, or cooperative
agreements with non-Federal assets, including
regional coastal observing systems, to support the
purposes of this subtitle on such terms as the
Administrator deems appropriate;
``(v) implement and maintain a merit-based,
competitive funding process to support non-Federal
assets, including the development and maintenance
of a national network of regional coastal
observing systems, and develop and implement a
process for the periodic review and evaluation of
the regional associations;
``(vi) provide opportunities for competitive
contracts and grants for demonstration projects to
design, develop, integrate, deploy, maintain, and
support components of the System;
``(vii) <<NOTE: Procedures.>> establish and
maintain efficient and effective administrative
procedures for the timely allocation of funds
among contractors, grantees, and non-Federal
assets, including regional coastal observing
systems;
``(viii) <<NOTE: Review. Evaluation.>>
develop and implement a process for the periodic
review and evaluation of the regional coastal
observing systems;
``(ix) formulate an annual process by which
gaps in observation coverage or needs for capital
improvements of Federal assets and non-Federal
assets of the System are--
``(I) identified by the regional
associations described in the System
Plan, the Administrator, or other
members of the System; and
``(II) submitted to the Interagency
Ocean Observation Committee;
``(x) develop and be responsible for a data
management and communication system, in accordance
with standards and protocols established by the
Interagency Ocean Observation Committee, by which
all data collected by the System regarding ocean
and coastal waters of the United States including
the Great Lakes, are processed, stored,
integrated, and made available to all end-user
communities;
[[Page 134 STAT. 3337]]
``(xi) <<NOTE: Reports.>> not less frequently
than once each year, submit to the Interagency
Ocean Observation Committee a report on the
accomplishments, operational needs, and
performance of the System to contribute to the
annual and long-term plans prepared pursuant to
paragraph (2)(B)(i);
``(xii) <<NOTE: Update. Plan.>> develop and
periodically update a plan to efficiently
integrate into the System new, innovative, or
emerging technologies that have been demonstrated
to be useful to the System and which will fulfill
the purposes of this subtitle and the System Plan;
and
``(xiii) work with users and regional
associations to develop products to enable real-
time data sharing for decision makers, including
with respect to weather forecasting and modeling,
search and rescue operations, corrosive seawater
forecasts, water quality monitoring and
communication, and harmful algal bloom
forecasting.
``(4) Regional coastal observing systems.--
``(A) In general.--A regional coastal observing
system described in the System Plan as a regional
association may not be certified or established under
this subtitle unless it--
``(i) has been or shall be certified or
established by contract or agreement by the
Administrator;
``(ii) meets--
``(I) the certification standards
and compliance procedure guidelines
issued by the Administrator; and
``(II) the information needs of user
groups in the region while adhering to
national standards;
``(iii) demonstrates an organizational
structure, that under funding limitations is
capable of--
``(I) gathering required System
observation data;
``(II) supporting and integrating
all aspects of coastal and ocean
observing and information programs
within a region; and
``(III) reflecting the needs of
State, local, and tribal governments,
commercial interests, and other users
and beneficiaries of the System and
other requirements specified under this
subtitle and the System Plan;
``(iv) identifies--
``(I) gaps in observation coverage
needs for capital improvements of
Federal assets and non-Federal assets of
the System; and
``(II) <<NOTE: Recommenda- tions.>>
other recommendations to assist in the
development of the annual and long-term
plans prepared pursuant to paragraph
(2)(B)(i) and transmits such information
to the Interagency Ocean Observation
Committee through the Program Office
established under paragraph (3)(C)(i);
``(v) <<NOTE: Strategic plan.>> develops and
operates under a strategic plan that will ensure
the efficient and effective administration of
programs and assets to support daily data
[[Page 134 STAT. 3338]]
observations for integration into the System,
pursuant to the standards approved by the Council;
``(vi) works cooperatively with governmental
and nongovernmental entities at all levels to
identify and provide information products of the
System for multiple users within the service area
of the regional coastal observing system; and
``(vii) <<NOTE: Compliance.>> complies with
all financial oversight requirements established
by the Administrator, including requirements
relating to audits.
``(B) Participation.--For the purposes of this
subtitle, employees of Federal agencies are permitted to
be members of the governing body for the regional
coastal observing systems and may participate in the
functions of the regional coastal observing systems.''.
(c) System Advisory Committee.--Section 12304(d) of the Integrated
Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3603(d)) is
amended--
(1) in paragraph (1), by striking ``or the Interagency Ocean
Observing Committee.'' and inserting ``or the Council under this
subtitle''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``, data
sharing,'' after ``data management'';
(B) in subparagraph (C), by striking ``and'' at the
end;
(C) by striking subparagraph (D) and inserting the
following:
``(D) additional priorities, including--
``(i) a national surface current mapping
network designed to improve fine scale sea surface
mapping using high frequency radar technology and
other emerging technologies to address national
priorities, including Coast Guard search and
rescue operation planning and harmful algal bloom
forecasting and detection that--
``(I) is comprised of existing high
frequency radar and other sea surface
current mapping infrastructure operated
by national programs and regional
coastal observing systems;
``(II) incorporates new high
frequency radar assets or other fine
scale sea surface mapping technology
assets, and other assets needed to fill
gaps in coverage on United States
coastlines; and
``(III) follows a deployment plan
that prioritizes closing gaps in high
frequency radar infrastructure in the
United States, starting with areas
demonstrating significant sea surface
current data needs, especially in areas
where additional data will improve Coast
Guard search and rescue models;
``(ii) fleet acquisition for unmanned maritime
systems for deployment and data integration to
fulfill the purposes of this subtitle;
``(iii) an integrative survey program for
application of unmanned maritime systems to the
real-time or near real-time collection and
transmission of sea floor,
[[Page 134 STAT. 3339]]
water column, and sea surface data on biology,
chemistry, geology, physics, and hydrography;
``(iv) remote sensing and data assimilation to
develop new analytical methodologies to assimilate
data from the System into hydrodynamic models;
``(v) integrated, multi-State monitoring to
assess sources, movement, and fate of sediments in
coastal regions;
``(vi) a multi-region marine sound monitoring
system to be--
``(I) <<NOTE: Consultation.>>
planned in consultation with the
Interagency Ocean Observation Committee,
the National Oceanic and Atmospheric
Administration, the Department of the
Navy, and academic research
institutions; and
``(II) developed, installed, and
operated in coordination with the
National Oceanic and Atmospheric
Administration, the Department of the
Navy, and academic research
institutions; and
``(E) any other purpose identified by the
Administrator or the Council.'';
(D) in paragraph (3)(B), by inserting ``The
Administrator may stagger the terms of the System
advisory committee members.'' before ``Members''; and
(E) in paragraph (4)--
(i) in subparagraph (A), by striking ``and the
Interagency Ocean Observing Committee''; and
(ii) in subparagraph (C), by striking
``Observing'' and inserting ``Observation''.
(d) Civil Liability.--Section 12304(e) of the Integrated Coastal and
Ocean Observation System Act of 2009 (33 U.S.C. 3603(e)) is amended--
(1) by striking ``information coordination entity'' each
place it appears and inserting ``coastal observing system''; and
(2) by striking ``contract, lease, grant, or cooperative
agreement under subsection (c)(3)(D)'' and inserting ``a
memorandum of agreement of certification under subsection
(c)(3)(C)(iii)''.
(e) Conforming Amendments.--The Integrated Coastal and Ocean
Observation System Act of 2009 (33 U.S.C. 3601 et seq.) is amended by
striking ``regional information coordination entities'' each place it
appears and inserting ``regional coastal observing systems''.
SEC. 104. FINANCING AND AGREEMENTS.
Section 12305(a) of the Integrated Coastal and Ocean Observation
System Act of 2009 (33 U.S.C. 3604(a)) is amended to read as follows:
``(a) In General.--The Secretary of Commerce may execute an
agreement, on a reimbursable or nonreimbursable basis, with any State or
subdivision thereof, any Federal agency, any public or private
organization, or any individual to carry out activities under this
subtitle.''.
SEC. 105. REPORTS TO CONGRESS.
Section 12307 of the Integrated Coastal and Ocean Observation System
Act of 2009 (33 U.S.C. 3606) is amended to read as follows:
[[Page 134 STAT. 3340]]
``SEC. 12307. REPORT TO CONGRESS.
``(a) <<NOTE: Time period. President.>> Requirement.--Not later
than March 30, 2022, and every 5 years thereafter, the Administrator
shall prepare, and the President acting through the Council shall
approve and transmit to Congress, a report on progress made in
implementing this subtitle.
``(b) Contents.--Each report required under subsection (a) shall
include--
``(1) a description of activities carried out under this
subtitle and the System Plan;
``(2) <<NOTE: Evaluation.>> an evaluation of the
effectiveness of the System, including an evaluation of progress
made by the Council to achieve the goals identified under the
System Plan;
``(3) <<NOTE: Determination.>> the identification of
Federal and non-Federal assets as determined by the Council that
have been integrated into the System, including assets essential
to the gathering of required observation data variables
necessary to meet the respective missions of Council agencies;
``(4) <<NOTE: Review.>> a review of procurements, planned
or initiated, by each department or agency represented on the
Council to enhance, expand, or modernize the observation
capabilities and data products provided by the System, including
data management and communication subsystems;
``(5) <<NOTE: Summary.>> a summary of the existing gaps in
observation infrastructure and monitoring data collection,
including--
``(A) priorities considered by the System advisory
committee;
``(B) the national sea surface current mapping
network;
``(C) coastal buoys;
``(D) ocean chemistry monitoring;
``(E) marine sound monitoring; and
``(F) unmanned maritime systems technology gaps;
``(6) <<NOTE: Assessment. Coordination.>> an assessment
regarding activities to integrate Federal and non-Federal
assets, nationally and on the regional level, and discussion of
the performance and effectiveness of regional coastal observing
systems to coordinate regional observation operations;
``(7) a description of benefits of the program to users of
data products resulting from the System (including the general
public, industries, scientists, resource managers, emergency
responders, policy makers, and educators);
``(8) <<NOTE: Recommenda- tions.>> recommendations, if any,
concerning--
``(A) modifications to the System; and
``(B) funding levels for the System in subsequent
fiscal years; and
``(9) the results of a periodic external independent
programmatic audit of the System.''.
SEC. 106. PUBLIC-PRIVATE USE POLICY.
Section 12308 of the Integrated Coastal and Ocean Observation System
Act of 2009 (33 U.S.C. 3607) is amended to read as follows:
``SEC. 12308. PUBLIC-PRIVATE USE POLICY.
``The Council shall maintain a policy that defines processes for
making decisions about the roles of the Federal Government, the States,
regional coastal observing systems, the academic community, and the
private sector in providing to end-user communities environmental
information, products, technologies, and services
[[Page 134 STAT. 3341]]
related to the System. The Administrator shall ensure that the National
Oceanic and Atmospheric Administration adheres to the decision making
process developed by the Council regarding the roles of the Federal
Government, the States, the regional coastal observing systems, the
academic community, and the private sector in providing end-user
communities environmental information, data products, technologies, and
services related to the System.''.
SEC. 107. REPEAL OF INDEPENDENT COST ESTIMATE.
(a) In General.--The Integrated Coastal and Ocean Observation System
Act of 2009 (33 U.S.C. 3601 et seq.) is amended by striking section
12309 (33 U.S.C. 3608).
(b) Table of Contents Amendment.--The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009 (Public Law 111-
11; 123 Stat. 991) is amended by striking the item related to section
12309.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
Section 12311 of the Integrated Coastal and Ocean Observation System
Act of 2009 (33 U.S.C. 3610) is amended to read as follows:
``SEC. 12311. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary of
Commerce to support the integrated oceans observations under this
subtitle--
``(1) $48,000,000 for fiscal year 2021;
``(2) $50,000,000 for fiscal year 2022;
``(3) $52,000,000 for fiscal year 2023;
``(4) $54,000,000 for fiscal year 2024; and
``(5) $56,000,000 for fiscal year 2025.''.
SEC. 109. REPORTS AND RESEARCH PLANS.
Section 12404(c) of the Federal Ocean Acidification Research And
Monitoring Act of 2009 (33 U.S.C. 3703(c)) is amended by adding at the
end the following:
``(4) Economic vulnerability report.--
``(A) <<NOTE: Time period.>> In general.--Not later
than 2 years after the date of the enactment of the
Coordinated Ocean Observations and Research Act of 2020,
and every 6 years thereafter, the Subcommittee shall
transmit to the appropriate committees of Congress a
report that--
``(i) is named the `Ocean Chemistry Coastal
Community Vulnerability Assessment';
``(ii) identifies gaps in ocean acidification
monitoring by public, academic, and private assets
in the network of regional coastal observing
systems;
``(iii) identifies geographic areas which have
gaps in ocean acidification research;
``(iv) identifies United States coastal
communities, including island communities, fishing
communities, low-population rural communities,
tribal and subsistence communities, and island
communities, that may be impacted by ocean
acidification;
``(v) identifies impacts of changing ocean
carbonate chemistry on the communities described
in clause (iv), including impacts from changes in
ocean and coastal marine resources that are not
managed by the Federal Government;
[[Page 134 STAT. 3342]]
``(vi) identifies gaps in understanding of the
impacts of ocean acidification on economically or
commercially important species, particularly those
which support United States commercial,
recreational, and tribal fisheries and
aquaculture;
``(vii) identifies habitats that may be
particularly vulnerable to corrosive sea water,
including areas experiencing multiple stressors
such as hypoxia, sedimentation, and harmful algal
blooms;
``(viii) identifies areas in which existing
National Integrated Coastal and Ocean Observation
System assets, including unmanned maritime
systems, may be leveraged as platforms for the
deployment of new sensors or other applicable
observing technologies;
``(ix) is written in collaboration with
Federal agencies responsible for carrying out this
subtitle, including representatives of--
``(I) the National Marine Fisheries
Service and the Office for Coastal
Management of the National Oceanic and
Atmospheric Administration;
``(II) regional coastal observing
systems established under section
12304(c)(4);
``(III) regional ocean acidification
networks; and
``(IV) sea grant programs (as
defined in section 203 of the National
Sea Grant College Program Act (33 U.S.C.
1122)); and
``(x) <<NOTE: Consultation.>> is written in
consultation with experts, including subsistence
users, academia, and stakeholders familiar with
the economic, social, ecological, geographic, and
resource concerns of coastal communities in the
United States.
``(B) Form of report.--
``(i) Initial report.--The initial report
required under subparagraph (A) shall include the
information described in clauses (i) through
(viii) of that subparagraph on a national level.
``(ii) Subsequent reports.--Each report
required under subparagraph (A) after the initial
report--
``(I) may describe the information
described in clauses (i) through (viii)
of that subparagraph on a national
level; or
``(II) may consist of separate
reports for each region of the National
Oceanic and Atmospheric Administration.
``(iii) Regional reports.--If the Subcommittee
opts to prepare a report required under
subparagraph (A) as separate regional reports
under clause (ii)(II), the Subcommittee shall
submit a report for each region of the National
Oceanic and Atmospheric Administration not less
frequently than once during each 6-year reporting
period.
``(C) Appropriate committees of congress defined.--
In this paragraph and in paragraph (5), the term
`appropriate committees of Congress' means the Committee
on Commerce, Science, and Transportation of the Senate,
the Committee on Science, Space, and Technology
[[Page 134 STAT. 3343]]
of the House of Representatives, and the Committee on
Natural Resources of the House of Representatives.
``(5) Monitoring prioritization plan.--Not later than 180
days after the date of the submission of the initial report
under paragraph (4)(A), the Subcommittee shall transmit to the
appropriate committees of Congress a report that develops a plan
to deploy new sensors or other applicable observing technologies
such as unmanned maritime systems--
``(A) based on such initial report;
``(B) prioritized by--
``(i) the threat to coastal economies and
ecosystems;
``(ii) gaps in data; and
``(iii) research needs; and
``(C) that leverage existing platforms, where
possible.''.
SEC. 110. STRATEGIC RESEARCH PLAN.
(a) Contents.--Section 12405(b) of the Federal Ocean Acidification
Research And Monitoring Act of 2009 (33 U.S.C. 3704(b)) is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) <<NOTE: Recommenda- tions.>> make recommendations
for research to be conducted, including in the social sciences
and economics, to address the key knowledge gaps identified in
the Ocean Chemistry Coastal Community Vulnerability Assessment
conducted under section 12404(c)(4).''.
(b) Program Elements.--Section 12405(c) of the Federal Ocean
Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704(c)) is
amended by adding at the end the following:
``(6) Research to understand the combined impact of changes
in ocean chemistry and other stressors, including sediment
delivery, hypoxia, and harmful algal blooms, on each other and
on living marine resources, including aquaculture and coastal
ecosystems.
``(7) Applied research to identify adaptation strategies for
species impacted by changes in ocean chemistry including
vegetation-based systems, shell recycling, species and genetic
diversity, applied technologies, aquaculture methodologies, and
management recommendations.''.
(c) Participation.--Section 12405(e) of the Federal Ocean
Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704(e)) is
amended in the first sentence by inserting ``, tribal governments, and
subsistence users'' after ``groups''.
(d) <<NOTE: Deadline. 33 USC 3704 note.>> Revised Strategic
Research Plan.--Not later than one year after the date of the enactment
of this Act, the Joint Subcommittee on Ocean Science and Technology of
the National Science and Technology Council shall submit to Congress a
revised strategic research plan under section 12405 of the Federal Ocean
Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704) that
includes the matters required by the amendments made by this section.
SEC. 111. STAKEHOLDER INPUT ON MONITORING.
Section 12406(a) of the Federal Ocean Acidification Research And
Monitoring Act of 2009 (33 U.S.C. 3705(a)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
[[Page 134 STAT. 3344]]
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) includes an ongoing mechanism that allows industry
members, coastal stakeholders, fishery management councils and
commissions, non-Federal resource managers, community
acidification networks, indigenous knowledge groups, and
scientific experts to provide input on monitoring needs that are
necessary to support on the ground management, decision making,
and adaptation related to ocean acidification and its
impacts.''.
SEC. 112. RESEARCH ACTIVITIES.
Section 12407(a) of the Federal Ocean Acidification Research And
Monitoring Act of 2009 (33 U.S.C. 3706(a)) is amended to read as
follows:
``(a) Research Activities.--The Director of the National Science
Foundation shall continue to carry out research activities on ocean
acidification which shall support competitive, merit-based, peer-
reviewed proposals for research, observation, and monitoring of ocean
acidification and its impacts, including--
``(1) impacts on marine organisms, including species
cultured for aquaculture, and marine ecosystems;
``(2) impacts on ocean, coastal, and estuarine
biogeochemistry;
``(3) the development of methodologies and technologies to
evaluate ocean acidification and its impacts; and
``(4) impacts of multiple stressors on ecosystems exhibiting
hypoxia, harmful algal blooms, or sediment delivery, combined
with changes in ocean chemistry.''.
TITLE II--NAMED STORM EVENT MODEL AND POST-STORM ASSESSMENTS
SEC. 201. NAMED STORM EVENT MODEL AND POST-STORM ASSESSMENTS.
(a) Amendments to the Omnibus Public Land Management Act of 2009.--
Section 12312 of the Omnibus Public Land Management Act of 2009 (33
U.S.C. 3611) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking the period at the
end and inserting the following: ``, except that the
term shall not apply with respect to a State or
territory that has an operational wind and flood loss
allocation system.'';
(B) in paragraph (6), by inserting ``sustained''
before ``winds''; and
(C) in paragraph (7), by striking ``that threaten
any portion of a coastal State'' and inserting ``for
which post-storm assessments are conducted'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``540 days after the
date of the enactment of the Consumer
Option for an
[[Page 134 STAT. 3345]]
Alternative System to Allocate Losses
Act of 2012'' and inserting ``December
31, 2020''; and
(II) by striking ``by regulation'';
(ii) in subparagraph (B), by striking
``every'' and inserting ``an''; and
(iii) by adding at the end the following:
``(C) Public review.--The Administrator shall seek
input and suggestions from the public before the Named
Storm Event Model, or any modification to the Named
Storm Event Model, takes effect.''; and
(B) in paragraph (2)--
(i) by redesignating subparagraphs (B) and (C)
as subparagraphs (D) and (E), respectively;
(ii) by inserting after subparagraph (A) the
following:
``(B) Data collection.--
``(i) <<NOTE: Determination.>> In general.--
Upon identification of a named storm under
subparagraph (A), and pursuant to the protocol
established under subsection (c), the
Administrator may deploy sensors to enhance the
collection of covered data in the areas in coastal
States that the Administrator determines are at
the highest risk of experiencing geophysical
events that would cause indeterminate losses.
``(ii) Rule of construction.--If the
Administrator takes action under clause (i), that
action may not be construed as indicating that a
post-storm assessment will be developed for any
coastal State in which that action is taken.
``(C) <<NOTE: Deadline. Notification.>>
Identification of indeterminate losses in coastal
states.--Not later than 30 days after the first date on
which sustained winds of not less than 39 miles per hour
are measured in a coastal State during a named storm
identified under subparagraph (A), the Secretary of
Homeland Security shall notify the Administrator with
respect to the existence of any indeterminate losses in
that coastal State resulting from that named storm.'';
(iii) in subparagraph (D), as so
redesignated--
(I) by striking ``identification of
a named storm under subparagraph (A)''
and inserting ``confirmation of
indeterminate losses identified under
subparagraph (C) with respect to a named
storm''; and
(II) by striking ``assessment for
such named storm'' and inserting
``assessment for each coastal State that
suffered such indeterminate losses as a
result of the named storm'';
(iv) in subparagraph (E), as so redesignated--
(I) by striking ``an identification
of a named storm is made under
subparagraph (A)'' and inserting ``any
indeterminate losses are identified
under subparagraph (C)''; and
(II) by striking ``for such storm
under subparagraph (B)'' and inserting
``under subparagraph (D) for any coastal
State that suffered such indeterminate
losses''; and
(v) by adding at the end the following:
[[Page 134 STAT. 3346]]
``(F) Separate post-storm assessments for a single
named storm.--
``(i) In general.--The Administrator may
conduct a separate post-storm assessment for each
coastal State in which indeterminate losses are
identified under subparagraph (C).
``(ii) Timeline.--If the Administrator
conducts a separate post-storm assessment under
clause (i), the Administrator shall complete the
assessment based on the dates of actions that the
Administrator takes under subparagraph (D).''; and
(3) in subsection (c)--
(A) in paragraph (1), by striking ``540 days after
the date of the enactment of the Consumer Option for an
Alternative System to Allocate Losses Act of 2012'' and
inserting ``December 31, 2020'';
(B) in paragraph (2), by inserting ``, in the
discretion of the Administrator,'' after ``of sensors as
may''; and
(C) in paragraph (4)(B), by inserting ``and expend''
after ``receive''.
(b) Amendments to the National Flood Insurance Act of 1968.--Section
1337 of the National Flood Insurance Act of 1968 (42 U.S.C. 4057) is
amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking the period at the
end and inserting the following: ``, except that the
term shall not apply with respect to a State or
territory that has an operational wind and flood loss
allocation system.''; and
(B) in paragraph (5), by inserting ``sustained''
after ``maximum'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``establish by
rule'' and inserting ``publish for comment in the
Federal Register''; and
(B) <<NOTE: Determination.>> in paragraph (2)(B),
by inserting after ``Elevation Certificate'' the
following: ``, or other data or information used to
determine a property's current risk of flood, as
determined by the Administrator,'';
(3) <<NOTE: Federal Register, publication.>> in subsection
(c)(3)(A)(i), by striking ``the issuance of the rule
establishing the COASTAL Formula'' and inserting ``publication
of the COASTAL Formula in the Federal Register as required by
subsection (b)(1)'';
(4) in subsection (d), by striking ``section
12312(b)(2)(C)'' and inserting ``section 12312(b)(2)(E)'';
(5) in subsection (h)--
(A) by inserting ``that issues a standard flood
insurance policy under the national flood insurance
program'' after ``company''; and
(B) by striking ``or the COASTAL Formula'' and
inserting ``, the COASTAL Formula, or any other loss
allocation or post-storm assessment arising under the
laws or ordinances of any State'';
(6) <<NOTE: Deadline. Federal Register, publication.>> in
subsection (i), by striking ``after the date on which the
Administrator issues the rule establishing the COASTAL Formula
under subsection (b)'' and inserting ``60 days after
[[Page 134 STAT. 3347]]
publication of the COASTAL Formula in the Federal Register as
required by subsection (b)(1)''; and
(7) by adding at the end the following:
``(k) Rule of Construction.--Nothing in this section shall be
construed to create a cause of action under this Act.''.
TITLE III--WATER PREDICTION AND FORECASTING
SEC. 301. <<NOTE: 42 USC 10371.>> WATER PREDICTION AND
FORECASTING.
(a) National Water Center.--
(1) Establishment.--
(A) In general.--The Under Secretary of Commerce for
Oceans and Atmosphere shall establish a center--
(i) to serve as the research and operational
center of excellence for hydrologic analyses,
forecasting, and related decision support services
within the National Oceanic and Atmospheric
Administration and the National Weather Service;
and
(ii) to facilitate collaboration across
Federal and State departments and agencies,
academia, and the private sector on matters
relating to water resources.
(B) Designation.--The center established under
subparagraph (A) shall be known as the ``National Water
Center''.
(2) Functions.--The functions of the National Water Center
shall include the following:
(A) Improving understanding of water resources,
stakeholder needs regarding water resources, and
identifying science and services gaps relating to water
resources.
(B) Developing and implementing advanced water
resources modeling capabilities.
(C) Facilitating the transition of hydrologic
research into operations.
(D) Delivering analyses, forecasts, and inundation
information and guidance for all hydrologic events in
the United States, including flash flooding, riverine
flooding, and water resources outlooks.
(E) <<NOTE: Coordination.>> In coordination with
warning coordination meteorologists, providing decision-
support services to inform emergency management and
water resources decisions.
(b) National Instructions.--
(1) <<NOTE: Deadline. Public information.>> In general.--
Not later than one year after the date of the enactment of this
Act, the Under Secretary, acting through the Director of the
National Weather Service, shall make public an operations and
services policy directive for the National Water Center.
(2) Contents.--The directive required by paragraph (1) shall
include national instructions to perform the functions of the
National Water Center, including the following:
(A) Operational staff responsibilities.
(B) <<NOTE: Guidelines.>> Guidelines for content,
format, and provision of hydrologic and inundation
products developed by the National Water Center.
(C) <<NOTE: Procedures.>> Procedures for
cooperation and coordination between the National Water
Center, the National Weather
[[Page 134 STAT. 3348]]
Service National Centers for Environmental Prediction,
National Weather Service River Forecast Centers, and
National Weather Service Weather Forecast Offices.
(c) Total Water Prediction.--The Under Secretary, acting through the
Director of the Office of Water Prediction of the National Weather
Service, shall--
(1) initiate and lead research and development activities to
develop operational water resource prediction and related
decision support products;
(2) collaborate with, and provide decision support regarding
total water prediction to--
(A) the relevant Federal agencies represented on the
National Science and Technology Council, Committee on
Environment, Natural Resources, and Sustainability and
the Subcommittee on Disaster Reduction;
(B) State water resource agencies; and
(C) State and local emergency management agencies;
and
(3) in carrying out the responsibilities described in
paragraphs (1) and (2), collaboratively develop capabilities
necessary for total water predictive capacity, including
observations, modeling, data management, supercomputing, social
science, and communications.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the activities under this section amounts as
follows:
(1) $44,500,000 for fiscal year 2021.
(2) $45,000,000 for fiscal year 2022.
(3) $45,500,000 for fiscal year 2023.
(4) $46,000,000 for fiscal year 2024.
(e) Derivation of Funds.--Funds to carry out this section shall be
derived from amounts authorized to be appropriated to the National
Weather Service and the National Ocean Service that are enacted after
the date of the enactment of this Act.
Approved December 31, 2020.
LEGISLATIVE HISTORY--S. 914:
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SENATE REPORTS: No. 116-168 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 166 (2020):
July 30, considered and passed Senate.
Dec. 3, considered and passed House, amended.
Dec. 16, Senate concurred in House amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
Dec. 31, Presidential statement.
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