33 U.S.C. § 3603 — Integrated Coastal and Ocean Observing

Page 984 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3603 sities, nongovernmental organizations, or the private sector and integrated into the System by a regional coastal observing system, the National Oceanic and At- mospheric Administration, or the agencies partici- pating in the Interagency Ocean Observation Com- mittee’’ for ‘‘integrated into the System and are man- aged through States, regional organizations, univer- sities, nongovernmental organizations, or the private sector’’. Par. (6). Pub. L. 116–271, § 102(3), amended par. (6) gen- erally. Prior to amendment, par. (6) related to regional information coordination entities. Par. (7). Pub. L. 116–271, § 102(4), substituted ‘‘Admin- istrator’’ for ‘‘National Oceanic and Atmospheric Ad- ministration’’. § 3603. Integrated Coastal and Ocean Observing System (a) Establishment The President, acting through the Council, shall establish a National Integrated Coastal and Ocean Observation System to fulfill the pur- poses set forth in section 3601 of this title and the System Plan and to fulfill the Nation’s international obligations to contribute to the Global Earth Observation System of Systems and the Global Ocean Observing System. (b) System elements (1) In general In order to fulfill the purposes of this chap- ter, the System shall be national in scope and consist of— (A) Federal assets to fulfill national and international observation missions and pri- orities; (B) non-Federal assets, including a net- work of regional coastal observing systems identified under subsection (c)(4), to fulfill regional and national observation missions and priorities; (C) observing, modeling, data manage- ment, and communication systems for the timely integration and dissemination of data and information products from the Sys- tem, including reviews of data collection procedures across regions and programs to make recommendations for data collection standards across the System to meet na- tional ocean, coastal, and Great Lakes ob- servation, 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 under- stood; and (E) a research and development program conducted under the guidance of the Coun- cil, consisting of— (i) basic and applied research and tech- nology development— (I) to improve understanding of coastal and ocean systems and their relation- ships to human activities; and (II) to ensure improvement of oper- ational assets and products, including re- lated infrastructure, observing tech- nologies such as unmanned maritime systems, and information and data proc- essing and management technologies; (ii) an advanced observing technology development program to fill gaps in tech- nology; (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) reviews of data collection procedures across regions and programs to make rec- ommendations for data collection stand- ards across the System to meet national ocean, coastal, and Great Lakes observa- tion, applied research, and weather fore- casting needs. (2) Enhancing administration and management The head of each Federal agency that has administrative jurisdiction over a Federal asset shall support the purposes of this chap- ter and may take appropriate actions to en- hance internal agency administration and management to better support, integrate, fi- nance, and utilize observation data, products, and services developed under this section to further its own agency mission and respon- sibilities. (3) Availability of data The head of each Federal agency that has administrative jurisdiction over a Federal asset shall make available data that are pro- duced by that asset and that are not otherwise restricted for integration, management, and dissemination by the System for research and for use in the development of products to ad- dress societal needs. (4) Non-Federal assets Non-Federal assets shall be coordinated, as appropriate, by the Interagency Ocean Observ- ing Committee or by regional coastal observ- ing systems. (c) Policy oversight, administration, and regional coordination (1) Council functions The Council shall serve as the policy and co- ordination oversight body for all aspects of the System. In carrying out its responsibil- ities under this chapter, the Council shall— (A) approve and adopt comprehensive Sys- tem budgets developed and maintained by the Interagency Ocean Observation Com- mittee to support System operations, in- cluding operations of both Federal and non- Federal assets; (B) ensure coordination of the System with other domestic and international earth observing activities including the Global Ocean Observing System and the Global Earth Observing System of Systems, and provide, as appropriate, support for and rep- resentation on United States delegations to international meetings on coastal and ocean observing programs; and (C) encourage coordinated intramural and extramural research and technology devel- opment, and a process to transition devel- oping technology and methods into oper- ations of the System. (2) Interagency Ocean Observation Committee (A) Establishment The Council shall establish or designate a committee, which shall be known as the Page 985 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3603 ‘‘Interagency Ocean Observation Com- mittee’’. (B) Duties The Interagency Ocean Observation Com- mittee shall— (i) prepare annual and long-term plans for consideration and approval by the Council for the integrated design, oper- ation, maintenance, enhancement, and ex- pansion of the System to meet the objec- tives of this chapter 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, an annual coordinated, comprehensive budget— (I) to operate all elements of the Sys- tem identified in subsection (b); and (II) to ensure continuity of data streams from Federal and non-Federal assets; (iii) establish requirements for observa- tion data variables to be gathered by both Federal and non-Federal assets and iden- tify, in consultation with regional coastal observing systems, priorities for System observations; (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 integra- tion into the System; (II) to ensure compliance with all ap- plicable standards and protocols estab- lished by the Council; and (III) to ensure that regional observa- tions are integrated into the System on a sustained basis; (vi) identify gaps in observation cov- erage or needs for capital improvements of both Federal assets and non-Federal as- sets; (vii) subject to the availability of appro- priations, establish through 1 or more Fed- eral agencies participating in the Inter- agency 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 extra- mural 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 deploy- ment; (viii) periodically— (I) review the System Plan; and (II) submit to the Council such rec- ommendations 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 Admin- istrator shall consult with the Council, the Interagency Ocean Observation Committee, other Federal agencies that maintain por- tions of the System, and the regional coastal observing systems. (C) Requirements In carrying out this paragraph, the Admin- istrator shall— (i) establish and operate an Integrated Ocean Observing System Program Office within the National Oceanic and Atmos- pheric Administration that— (I) utilizes, to the extent necessary, personnel from Federal agencies partici- pating in the Interagency Ocean Obser- vation Committee; and (II) oversees daily operations and co- ordination of the System; (ii) implement policies, protocols, and standards approved by the Council and del- egated by the Interagency Ocean Observa- tion Committee; (iii) promulgate program guidelines— (I) to certify and integrate regional as- sociations 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 coop- erative agreements with non-Federal as- sets, including regional coastal observing systems, to support the purposes of this chapter on such terms as the Adminis- trator deems appropriate; (v) implement and maintain a merit- based, competitive funding process to sup- port non-Federal assets, including the de- velopment and maintenance of a national network of regional coastal observing sys- tems, and develop and implement a process for the periodic review and evaluation of the regional associations; (vi) provide opportunities for competi- tive contracts and grants for demonstra- tion projects to design, develop, integrate, deploy, maintain, and support components of the System; (vii) establish and maintain efficient and effective administrative procedures for the timely allocation of funds among contrac- Page 986 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3603 1 So in original. Probably should be followed by a period. tors, grantees, and non-Federal assets, in- cluding regional coastal observing sys- tems; (viii) 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 Sys- tem are— (I) identified by the regional associa- tions 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 proto- cols established by the Interagency Ocean Observation Committee, by which all data collected by the System regarding ocean and coastal waters of the United States in- cluding the Great Lakes, are processed, stored, integrated, and made available to all end-user communities; (xi) not less frequently than once each year, submit to the Interagency Ocean Ob- servation Committee a report on the ac- complishments, operational needs, and performance of the System to contribute to the annual and long-term plans pre- pared pursuant to paragraph (2)(B)(i); (xii) develop and periodically update a plan to efficiently integrate into the Sys- tem new, innovative, or emerging tech- nologies that have been demonstrated to be useful to the System and which will ful- fill the purposes of this chapter and the System Plan; and (xiii) work with users and regional asso- ciations to develop products to enable real-time data sharing for decision mak- ers, including with respect to weather forecasting and modeling, search and res- cue operations, corrosive seawater fore- casts, water quality monitoring and com- munication, and harmful algal bloom fore- casting. (4) Regional coastal observing systems (A) In general A regional coastal observing system de- scribed in the System Plan as a regional as- sociation may not be certified or established under this chapter unless it— (i) has been or shall be certified or estab- lished by contract or agreement by the Ad- ministrator; (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 observa- tion data; (II) supporting and integrating all as- pects of coastal and ocean observing and information programs within a region; and (III) reflecting the needs of State, local, and tribal governments, commer- cial interests, and other users and bene- ficiaries of the System and other re- quirements specified under this chapter and the System Plan; (iv) identifies— (I) gaps in observation coverage needs for capital improvements of Federal as- sets and non-Federal assets of the Sys- tem; and (II) other recommendations to assist in the development of the annual and long- term plans prepared pursuant to para- graph (2)(B)(i) and transmits such infor- mation to the Interagency Ocean Obser- vation Committee through the Program Office established under paragraph (3)(C)(i); (v) develops and operates under a stra- tegic plan that will ensure the efficient and effective administration of programs and assets to support daily data observa- tions for integration into the System, pur- suant to the standards approved by the Council; (vi) works cooperatively with govern- mental and nongovernmental entities at all levels to identify and provide informa- tion products of the System for multiple users within the service area of the re- gional coastal observing system; and (vii) complies with all financial over- sight requirements established by the Ad- ministrator, including requirements relat- ing to audits. (B) Participation For the purposes of this chapter, employ- ees of Federal agencies are permitted to be members of the governing body for the re- gional coastal observing systems and may participate in the functions of the regional coastal observing systems. (d) System advisory committee (1) In general The Administrator shall establish or des- ignate a System advisory committee, which shall provide advice as may be requested by the Administrator or the Council under this chapter 1 (2) Purpose The purpose of the System advisory com- mittee is to advise the Administrator and the Interagency Ocean Observing Committee on— (A) administration, operation, manage- ment, and maintenance of the System, in- cluding integration of Federal and non-Fed- eral assets and data management, data shar- ing, and communication aspects of the Sys- tem, and fulfillment of the purposes set forth in section 3601 of this title; Page 987 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3603 (B) expansion and periodic modernization and upgrade of technology components of the System; (C) identification of end-user communities, their needs for information provided by the System, and the System’s effectiveness in disseminating information to end-user com- munities and the general public; (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 tech- nologies to address national priorities, in- cluding Coast Guard search and rescue op- eration planning and harmful algal bloom forecasting and detection that— (I) is comprised of existing high fre- quency radar and other sea surface cur- rent mapping infrastructure operated by national programs and regional coastal observing systems; (II) incorporates new high frequency radar assets or other fine scale sea sur- face mapping technology assets, and other assets needed to fill gaps in cov- erage 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 dem- onstrating significant sea surface cur- rent data needs, especially in areas where additional data will improve Coast Guard search and rescue models; (ii) fleet acquisition for unmanned mari- time systems for deployment and data in- tegration to fulfill the purposes of this chapter; (iii) an integrative survey program for application of unmanned maritime sys- tems to the real-time or near real-time collection and transmission of sea floor, water column, and sea surface data on bi- ology, chemistry, geology, physics, and hy- drography; (iv) remote sensing and data assimila- tion to develop new analytical methodolo- gies 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 moni- toring system to be— (I) planned in consultation with the Interagency Ocean Observation Com- mittee, the National Oceanic and Atmos- pheric Administration, the Department of the Navy, and academic research in- stitutions; and (II) developed, installed, and operated in coordination with the National Oce- anic and Atmospheric Administration, the Department of the Navy, and aca- demic research institutions; and (E) any other purpose identified by the Ad- ministrator or the Council. (3) Members (A) In general The System advisory committee shall be composed of members appointed by the Ad- ministrator. Members shall be qualified by education, training, and experience to evalu- ate scientific and technical information re- lated to the design, operation, maintenance, or use of the System, or use of data products provided through the System. (B) Terms of service The Administrator may stagger the terms of the System advisory committee members. Members shall be appointed for 3-year terms, renewable once. A vacancy appointment shall be for the remainder of the unexpired term of the vacancy, and an individual so appointed may subsequently be appointed for 2 full 3-year terms if the remainder of the unexpired term is less than 1 year. (C) Chairperson The Administrator shall designate a chair- person from among the members of the Sys- tem advisory committee. (D) Appointment Members of the System advisory com- mittee shall be appointed as special Govern- ment employees for purposes of section 202(a) of title 18. (4) Administrative provisions (A) Reporting The System advisory committee shall re- port to the Administrator, as appropriate. (B) Administrative support The Administrator shall provide adminis- trative support to the System advisory com- mittee. (C) Meetings The System advisory committee shall meet at least once each year, and at other times at the call of the Administrator, the Interagency Ocean Observation Committee, or the chairperson. (D) Compensation and expenses Members of the System advisory com- mittee shall not be compensated for service on that Committee, but may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5. (E) Expiration Section 1013 of title 5 shall not apply to the System advisory committee. (e) Civil liability For purposes of determining liability arising from the dissemination and use of observation data gathered pursuant to this section, any non- Federal asset or regional coastal observing sys- tem incorporated into the System by a memo- randum of agreement of certification under sub- section (c)(3)(C)(iii) that is participating in the System shall be considered to be part of the Na- tional Oceanic and Atmospheric Administration. Any employee of such a non-Federal asset or re- Page 988 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3604 gional coastal observing system, while operating within the scope of his or her employment in carrying out the purposes of this chapter, with respect to tort liability, is deemed to be an em- ployee of the Federal Government. (f) Limitation Nothing in this chapter shall be construed to invalidate existing certifications, contracts, or agreements between regional coastal observing systems and other elements of the System. (Pub. L. 111–11, title XII, § 12304, Mar. 30, 2009, 123 Stat. 1429; Pub. L. 116–271, title I, § 103, Dec. 31, 2020, 134 Stat. 3333; Pub. L. 117–286, § 4(a)(209), Dec. 27, 2022, 136 Stat. 4329.) Editorial Notes AMENDMENTS 2022—Subsec. (d)(4)(E). Pub. L. 117–286 substituted ‘‘Section 1013 of title 5’’ for ‘‘Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)’’. 2020—Subsec. (b)(1). Pub. L. 116–271, § 103(a)(1), added par. (1) and struck out former par. (1) which related to the general elements of the System. Subsec. (b)(3). Pub. L. 116–271, § 103(a)(2), inserted ‘‘for research and for use in the development of products to address societal needs’’ before period at end. Subsec. (b)(4). Pub. L. 116–271, § 103(e), substituted ‘‘regional coastal observing systems’’ for ‘‘regional in- formation coordination entities’’. Subsec. (c)(2) to (4). Pub. L. 116–271, § 103(b), added pars. (2) to (4) and struck out former pars. (2) to (4) which related, respectively, to the Interagency Ocean Observation Committee, the National Oceanic and At- mospheric Administration as the lead agency, and re- gional information coordination entities. Subsec. (d)(1). Pub. L. 116–271, § 103(c)(1), substituted ‘‘or the Council under this chapter’’ for ‘‘or the Inter- agency Ocean Observing Committee.’’ Subsec. (d)(2)(A). Pub. L. 116–271, § 103(c)(2)(A), in- serted ‘‘, data sharing,’’ after ‘‘data management’’. Subsec. (d)(2)(D), (E). Pub. L. 116–271, § 103(c)(2)(B), (C), added subpars. (D) and (E) and struck out former subpar. (D) which read as follows: ‘‘any other purpose identified by the Administrator or the Interagency Ocean Observing Committee.’’ Subsec. (d)(3)(B). Pub. L. 116–271, § 103(c)(2)(D), in- serted ‘‘The Administrator may stagger the terms of the System advisory committee members.’’ before ‘‘Members’’. Subsec. (d)(4)(A). Pub. L. 116–271, § 103(c)(2)(E)(i), struck out ‘‘and the Interagency Ocean Observing Com- mittee’’ after ‘‘Administrator’’. Subsec. (d)(4)(C). Pub. L. 116–271, § 103(c)(2)(E)(ii), sub- stituted ‘‘Observation’’ for ‘‘Observing’’. Subsec. (e). Pub. L. 116–271, § 103(d), substituted ‘‘coastal observing system’’ for ‘‘information coordina- tion entity’’ in two places and ‘‘a memorandum of agreement of certification under subsection (c)(3)(C)(iii)’’ for ‘‘contract, lease, grant, or cooperative agreement under subsection (c)(3)(D)’’. Subsec. (f). Pub. L. 116–271, § 103(e), substituted ‘‘re- gional coastal observing systems’’ for ‘‘regional infor- mation coordination entities’’. § 3604. Interagency financing and agreements (a) In general The Secretary of Commerce may execute an agreement, on a reimbursable or nonreimburs- able basis, with any State or subdivision there- of, any Federal agency, any public or private or- ganization, or any individual to carry out ac- tivities under this chapter. (b) Reciprocity Member Departments and agencies of the Council shall have the authority to create, sup- port, and maintain joint centers, and to enter into and perform such contracts, leases, grants, and cooperative agreements as may be necessary to carry out the purposes of this chapter and ful- fillment of the System Plan. (Pub. L. 111–11, title XII, § 12305, Mar. 30, 2009, 123 Stat. 1434; Pub. L. 116–271, title I, § 104, Dec. 31, 2020, 134 Stat. 3339.) Editorial Notes AMENDMENTS 2020—Subsec. (a). Pub. L. 116–271 amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘To carry out interagency activities under this chap- ter, the Secretary of Commerce may execute coopera- tive agreements, or any other agreements, with, and re- ceive and expend funds made available by, any State or subdivision thereof, any Federal agency, or any public or private organization, or individual.’’ § 3605. Application with other laws Nothing in this chapter supersedes or limits the authority of any agency to carry out its re- sponsibilities and missions under other laws. (Pub. L. 111–11, title XII, § 12306, Mar. 30, 2009, 123 Stat. 1435.) § 3606. Report to Congress (a) Requirement Not later than March 30, 2022, and every 5 years thereafter, the Administrator shall pre- pare, and the President acting through the Council shall approve and transmit to Congress, a report on progress made in implementing this chapter. (b) Contents Each report required under subsection (a) shall include— (1) a description of activities carried out under this chapter and the System Plan; (2) an evaluation of the effectiveness of the System, including an evaluation of progress made by the Council to achieve the goals iden- tified under the System Plan; (3) the identification of Federal and non- Federal assets as determined by the Council that have been integrated into the System, in- cluding assets essential to the gathering of re- quired observation data variables necessary to meet the respective missions of Council agen- cies; (4) a review of procurements, planned or ini- tiated, by each department or agency rep- resented on the Council to enhance, expand, or modernize the observation capabilities and data products provided by the System, includ- ing data management and communication sub- systems; (5) a summary of the existing gaps in obser- vation infrastructure and monitoring data col- lection, including— (A) priorities considered by the System ad- visory committee; (B) the national sea surface current map- ping network; (C) coastal buoys; (D) ocean chemistry monitoring; (E) marine sound monitoring; and