Coastal and Ocean Acidification Stressors and Threats Research Act of 2019
AN ACT
To amend the Federal Ocean Acidification Research and Monitoring Act of 2009 to establish an Ocean Acidification Advisory Board, to expand and improve the research on Ocean Acidification and Coastal Acidification, to establish and maintain a data archive system for Ocean Acidification data and Coastal Acidification data, and for other purposes.
Sec. 2 Purposes
Sec. 3 Definitions
“(1) Coastal Acidification—The term “coastal acidification” means the combined decrease in pH and changes in the water chemistry of coastal oceans, estuaries, and other bodies of water from chemical inputs (including carbon dioxide from the atmosphere), freshwater inputs, and excess nutrient run-off from land and coastal atmospheric pollution that result in processes that release carbon dioxide, acidic nitrogen, and sulfur compounds as byproducts which end up in coastal waters.”
“(5) State—The term “State” means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory or possession of the United States.”
Sec. 4 Interagency working group
“(6) ensure that each of the Federal agencies represented on the interagency working group—
“(A) participates in the Ocean Acidification Information Exchange established under paragraph (5); and
“(B) delivers data and information to support the data archive system established under section 12406(d).”
“(c) Advisory Board
“(1) Establishment—The Chair of the Subcommittee shall establish an Ocean Acidification Advisory Board.
“(2) Duties—The Advisory Board shall—
“(A) not later than 180 days before the Subcommittee submits the most recent report under subsection (d)(2)—
“(i) review such report;
“(ii) submit an analysis of such report to the Subcommittee for consideration in the final report submitted under subsection (d)(2); and
“(iii) concurrently with the Subcommittee’s final submission of the report under subsection (d)(2), the Advisory Board shall submit a copy of the analysis provided to the Subcommittee to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Natural Resources of the House of Representatives;
“(B) not later than 180 days before the Subcommittee submits the most recent strategic research plan under subsection (d)(3) to Congress—
“(i) review such plan;
“(ii) submit an analysis of such plan and the implementation thereof to the Subcommittee for consideration in the final strategic research plan submitted under subsection (d)(3); and
“(iii) concurrently with the Subcommittee’s final submission of the strategic research plan under subsection (d)(3), the Advisory Board shall submit a copy of the analysis provided to the Subcommittee to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Natural Resources of the House of Representatives;
“(C) provide ongoing advice to the Subcommittee and the interagency working group on matters related to Federal activities on ocean acidification and coastal acidification;
“(D) advise the Subcommittee and the interagency working group on—
“(i) efforts to coordinate research and monitoring activities related to ocean acidification and coastal acidification; and
“(ii) the best practices for the standards developed for data archiving under section 12406(e);
“(E) publish in the Federal Register a charter;
“(F) provide the Library of Congress with—
“(i) the charter described in subparagraph (E);
“(ii) any schedules and minutes for meetings of the Advisory Board;
“(iii) any documents that are approved by the Advisory Board; and
“(iv) any reports and analysis prepared by the Advisory Board; and
“(G) establish a publicly accessible web page on the website of the National Oceanic and Atmospheric Administration, that contains the information described in clauses (i) through (iv) of subparagraph (F).
“(3) Membership—The Advisory Board shall consist of 24 members as follows:
“(A) Two representatives of the shellfish and crab industry.
“(B) One representative of the finfish industry.
“(C) One representative of seafood processors.
“(D) Three representatives from academia, including both natural and social sciences.
“(E) One representative of recreational fishing.
“(F) One representative of relevant nongovernmental organizations.
“(G) Six representatives from relevant State, local, and Tribal governments.
“(H) One representative from the Alaska Ocean Acidification Network.
“(I) One representative from the California Current Acidification Network.
“(J) One representative from the Northeast Coastal Acidification Network.
“(K) One representative from the Southeast Coastal Acidification Network.
“(L) One representative from the Gulf of Mexico Coastal Acidification Network.
“(M) One representative from the Mid-Atlantic Coastal Acidification Network.
“(N) One representative from the Pacific Islands Ocean Observing System or similar entity representing the island territories and possessions of the United States in the Pacific Ocean, and the State of Hawaii.
“(O) One representative from the Caribbean Regional Association for Coastal Ocean Observing or a similar entity representing Puerto Rico and the United States Virgin Islands.
“(P) One representative from the National Oceanic and Atmospheric Administration shall serve as an ex-officio member of the Advisory Board without a vote.
“(4) Appointment of members—The Chair of the Subcommittee shall—
“(A) appoint members to the Advisory Board (taking into account the geographical interests of each individual to be appointed as a member of the Advisory Board to ensure that an appropriate balance of geographical interests are represented by the members of the Advisory Board) who—
“(i) represent the interest group for which each seat is designated;
“(ii) demonstrate expertise on ocean acidification or coastal acidification and its scientific, economic, industry, cultural, and community impacts; and
“(iii) have a record of distinguished service with respect to ocean acidification or coastal acidification, and such impacts;
“(B) give consideration to nominations and recommendations from the members of the interagency working group and the public for such appointments; and
“(C) ensure that an appropriate balance of scientific, industry, and geographical interests are represented by the members of the Advisory Board.
“(5) Term of membership—Each member of the Advisory Board—
“(A) shall be appointed for a 5-year term; and
“(B) may be appointed to more than one term.
“(6) Chair—The Chair of the Subcommittee shall appoint one member of the Advisory Board to serve as the Chair of the Advisory Board.
“(7) Meetings—Not less than once each calendar year, the Advisory Board shall meet at such times and places as may be designated by the Chair of the Advisory Board, in consultation with the Chair of the Subcommittee and the Chair of the interagency working group.
“(8) Briefing—The Chair of the Advisory Board shall brief the Subcommittee and the interagency working group on the progress of the Advisory Board as necessary.
“(9) Federal Advisory Committee Act—Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Board.”
Sec. 5 Strategic research plan
“(C) provide information for the—
“(i) development of adaptation and mitigation strategies to address the socioeconomic impacts of ocean acidification and coastal acidification;
“(ii) conservation of marine organisms and ecosystems;
“(iii) assessment of the effectiveness of such adaptation and mitigation strategies; and”
“(D) improve research on—
“(i) ocean acidification and coastal acidification;
“(ii) the interactions between and effects of multiple combined stressors including changes in water chemistry, changes in sediment delivery, hypoxia, and harmful algal blooms, on ocean acidification and coastal acidification; and
“(iii) the effect of environmental stressors on marine resources and ecosystems;”
“(J) assessment of adaptation and mitigation strategies; and
“(K) education and outreach activities;”
“(10) describe monitoring needs necessary to support potentially affected industry members, coastal stakeholders, fishery management councils and commissions, non-Federal resource managers, and scientific experts on decision-making and adaptation related to ocean acidification and coastal acidification.”
“(6) Research to understand related and cumulative stressors and other biogeochemical processes occurring in conjunction with ocean acidification and coastal acidification.”
“(e) Advisory Board evaluation—Not later than 180 days before a plan is submitted to Congress, the Subcommittee shall provide the Advisory Board established under section 12404(c) a copy of the plan for purposes of review under paragraph (2)(B)(i) of such section.
“(f) Publication and public comment—Not later than 90 days before the strategic research plan, or any revision thereof, is submitted to Congress, the Subcommittee shall publish the plan in the Federal Register and provide an opportunity for submission of public comments for a period of not less than 60 days.”
Sec. 6 NOAA ocean acidification activities
“(G) research to improve understanding of the effect of—
“(i) other environmental stressors on ocean acidification and coastal acidification;
“(ii) multiple environmental stressors on living marine resources and coastal ecosystems; and
“(iii) adaptation and mitigation strategies to address the socioeconomic impacts of ocean acidification and coastal acidification.”
“(c) Relationship to interagency working group—The National Oceanic and Atmospheric Administration shall serve as the lead Federal agency responsible for coordinating the Federal response to ocean acidification and coastal acidification, by—
“(1) leading the interagency working group in implementing the strategic research plan under section 12405;
“(2) coordinating monitoring and research efforts among Federal agencies in cooperation with State, local, and Tribal government and international partners;
“(3) maintaining an Ocean Acidification Information Exchange described under section 12404(b)(5) to allow for information to be electronically accessible, including information—
“(A) on ocean acidification developed through or used by the ocean acidification program described under section 12406(a); or
“(B) that would be useful to State governments, local governments, Tribal governments, resource managers, policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean acidification and coastal acidification; and
“(4) establishing and maintaining the data archive system under subsection (d).
“(d) Data archive system
“(1) Management—The Secretary, in coordination with members of the interagency working group, shall provide for the long-term stewardship of, and access to, data relating to ocean acidification and coastal acidification by establishing and maintaining a data archive system that the National Center for Environmental Information uses to process, store, archive, provide access to, and incorporate to the extent possible, such data collected—
“(A) through relevant federally-funded research; and
“(B) by a Federal agency, State agency, local agency, Tribe, academic scientist, citizen scientist, or industry organization.
“(2) Existing global or national data assets—In establishing and maintaining the data archive system under paragraph (1), the Secretary shall ensure that existing global or national data assets (including the data assets maintained by the National Centers for Environmental Information, the Integrated Ocean Observing System, and other existing data systems within Federal agencies) are incorporated to the greatest extent possible.
“(e) Standards, protocols, and procedures—With respect to the data described in subsection (d), the Secretary, in coordination with members of the interagency working group, shall establish and revise as necessary the standards, protocols, or procedures for—
“(1) processing, storing, archiving, and providing access to such data;
“(2) the interoperability and intercalibration of such data;
“(3) the collection of any metadata underlying such data; and
“(4) sharing such data with State, local, and Tribal government programs, potentially affected industry members, coastal stakeholders, fishery management councils and commissions, non-Federal resource managers, and academia.
“(f) Dissemination of ocean acidification data and coastal acidification data—The Secretary, in coordination with members of the interagency working group, shall disseminate the data described under subsection (d) to the greatest extent practicable by sharing such data on full and open access exchanges, including the Ocean Acidification Information Exchange described in section 12404(b)(5).
“(g) Requirement—Recipients of grants from the National Oceanic and Atmospheric Administration under this subtitle that collect data described under subsection (d) shall—
“(1) collect such data in accordance with the standards, protocols, or procedures established pursuant to subsection (e); and
“(2) submit such data to the data archive system under subsection (d), in accordance with any rules promulgated by the Secretary.”
Sec. 7 NSF ocean acidification activities
“(4) adaptation and mitigation strategies to address socioeconomic effects of ocean acidification and coastal acidification.”
“(d) Requirement—Recipients of grants from the National Science Foundation under this subtitle that collect data described under section 12406(d) shall—
“(1) collect data in accordance with the standards, protocols, or procedures established pursuant to section 12406(e); and
“(2) submit such data to the Director and the Secretary, in accordance with any rules promulgated by the Director or the Secretary.”
Sec. 8 NASA ocean acidification activities
“(d) Requirement—Researchers from the National Aeronautics and Space Administration under this subtitle that collect data described under section 12406(d) shall—
“(1) collect such data in accordance with the standards, protocols, or procedures established pursuant to section 12406(e); and
“(2) submit such data to the Administrator and the Secretary, in accordance with any rules promulgated by the Administrator or the Secretary.”