US Codex
Bill
Notes

H.R. 1237 — what changed

Coastal and Ocean Acidification Stressors and Threats Research Act of 2019

From Reported in House to Engrossed in House. 4 sections amended between Reported in House and Engrossed in House.

Sec. 4 Interagency working group

Section 12404 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3703) is amended—

(1)
in the heading, by striking “subcommittee” and inserting “working group”;
(2)
in subsection (a)—
(A)
in paragraph (1), by striking “Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council shall coordinate Federal activities on ocean acidification and” and insert “Subcommittee shall”;
(B)
in paragraph (2), by striking “Wildlife Service,” and inserting “Wildlife Service, the Bureau of Ocean Energy Management, the Environmental Protection Agency, the Department of Agriculture, the Department of State, the Department of Energy, the Department of the Navy, the National Park Service, the Bureau of Indian Affairs, the National Institute of Standards and Technology, the Smithsonian Institution,”; and
(C)
in paragraph (3), in the heading, by striking “Chairman” and inserting “Chair”;
(3)
in subsection (b)—
(A)
in paragraph (1), by inserting “, including the efforts of the National Oceanic and Atmospheric Administration to facilitate such implementation” after “of the plan”;
(B)
in paragraph (2)—
(i)
in subparagraph (A), by inserting “and coastal acidification” after “ocean acidification”; and
(ii)
in subparagraph (B), by inserting “and coastal acidification” after “ocean acidification”;
(C)
in paragraph (4), by striking “; and” and inserting a semicolon;
(D)
in paragraph (5)—
(i)
by striking “developed” and inserting “and coastal acidification developed”; and
(ii)
by striking the period at the end and inserting “and coastal acidification; and”; and
(E)
by adding at the end the following new paragraph:

“(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).”

(4)
in subsection (c), in paragraph (2)—
(A)
by inserting “, and to the Office of Management and Budget,” after “House of Representatives”; and
(B)
in subparagraph (B), by striking “the interagency research” and inserting “interagency strategic research”;
(5)
by redesignating subsection (c) as subsection (d); and
(6)
by inserting after subsection (b) the following:

“(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:

changed “(A) 2 Two representatives of the shellfish and crab industry.

changed “(B) 1 One representative of the finfish industry.

changed “(C) 1 One representative of seafood processors.

changed “(D) 3 Three representatives from academia, including both natural and social sciences.

changed “(E) 1 One representative of recreational fishing.

changed “(F) 1 One representative of relevant nongovernmental organizations.

changed “(G) 6 Six representatives from relevant State, local, and Tribal governments.

changed “(H) 1 One representative from the Alaska Ocean Acidification Network.

changed “(I) 1 One representative from the California Current Acidification Network.

changed “(J) 1 One representative from the Northeast Coastal Acidification Network.

changed “(K) 1 One representative from the Southeast Coastal Acidification Network.

changed “(L) 1 One representative from the Gulf of Mexico Coastal Acidification Network.

changed “(M) 1 One representative from the Mid-Atlantic Coastal Acidification Network.

changed “(N) 1 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.

changed “(O) 1 One representative from the Caribbean Regional Association for Coastal Ocean Observing or a similar entity representing Puerto Rico and the U.S. United States Virgin Islands.

changed “(P) 1 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

Section 12405 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3704) is amended—

(1)
in subsection (a)—
(A)
by striking “acidification” each place it appears and inserting “acidification and coastal acidification”;
(B)
in the first sentence—
(i)
by inserting “, and not later than every 5 years thereafter” after “the date of enactment of this Act”;
(ii)
by inserting “address the socioeconomic impacts of ocean acidification and coastal acidification and to” after “mitigation strategies to”; and
(iii)
by striking “marine ecosystems” each place it appears and inserting “ecosystems”; and
(C)
in the second sentence, by inserting “and recommendations made by the Advisory Board in the review of the plan required under section 12404(c)(2)(B)(i)” after “subsection (d)”;
(2)
in subsection (b)—
(A)
in paragraph (1), by inserting “and social sciences” after “among the ocean sciences”;
(B)
in paragraph (2)—
(i)
in subparagraph (A), by striking “impacts” and inserting “impacts, including trends of changes in ocean chemistry,”;
(ii)
in subparagraph (B)—
(I)
by striking “improve the ability to assess the” and inserting “assess the short-term and long-term”; and
(II)
by striking “; and” at the end and inserting a semicolon;
(iii)
by amending subparagraph (C) to read as follows:

“(C) provide information for the—

“(i) development of adaptation and mitigation strategies to address the socioeconomic impacts of ocean acidification and coastal acidification;

changed “(ii) conservation of marine organisms and ecosystems; andecosystems;

“(iii) assessment of the effectiveness of such adaptation and mitigation strategies; and”

(iv)
by adding at the end the following new subparagraph:

“(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;”

(C)
in paragraph (3)—
(i)
in subparagraph (F), by striking “database development” and inserting “data management”;
(ii)
in subparagraph (H) by striking “and” at the end; and
(iii)
by adding at the end the following new subparagraphs:

“(J) assessment of adaptation and mitigation strategies; and

“(K) education and outreach activities;”

(D)
in paragraph (4), by striking “set forth” and inserting “ensure an appropriate balance of contribution in establishing”;
(E)
in paragraph (5), by striking “reports” and inserting “the best available peer-reviewed scientific reports”;
(F)
in paragraph (6)—
(i)
by inserting “and coastal acidification” after “ocean acidification”; and
(ii)
by striking “of the United States” and inserting “within the United States”;
(G)
in paragraph (7), by striking “outline budget requirements” and inserting “estimate costs associated for full implementation of each element of the plan by fiscal year”;
(H)
in paragraph (8)—
(i)
by inserting “and coastal acidification” after “ocean acidification” each place it appears;
(ii)
by striking “its” and inserting “their”; and
(iii)
by striking “; and” at the end and inserting a semicolon;
(I)
in paragraph (9), by striking the period at the end and inserting “; and”; and
(J)
by adding at the end the following new paragraph:

“(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.”

(3)
in subsection (c)—
(A)
in paragraph (1)(C), by striking “surface”;
(B)
in paragraph (2), by inserting “and coastal acidification” after “ocean acidification” each place it appears;
(C)
in paragraph (3)—
(i)
by striking “input, and” and inserting “inputs,”;
(ii)
by inserting “, marine food webs,” after “marine ecosystems”; and
(iii)
by inserting “, and modeling that supports fisheries management” after “marine organisms”;
(D)
in paragraph (5), by inserting “and coastal acidification” after “ocean acidification”; and
(E)
by adding at the end the following new paragraph:

“(6) Research to understand related and cumulative stressors and other biogeochemical processes occurring in conjunction with ocean acidification and coastal acidification.”

(4)
by striking subsection (e) and inserting the following:

“(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. 7 NSF ocean acidification activities

Section 12407 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3706) is amended—

(1)
by striking “ocean acidification” each place it appears and inserting “ocean acidification and coastal acidification”;
(2)
in subsection (a)—
(A)
in the matter preceding paragraph (1)—
(i)
changed by striking “continue” and all that follows through “which shall” ;shall”;
(ii)
by striking “proposals for research” and inserting “proposals for the researching”; and
(iii)
by striking “its impacts” and inserting “their respective impacts”;
(B)
in paragraph (1), by striking “marine ecosystems” and inserting “ecosystems”;
(C)
in paragraph (2), by striking “; and” at the end and inserting a semicolon;
(D)
in paragraph (3)—
(i)
by striking “and its impacts” and inserting “and their respective impacts”; and
(ii)
by striking the period at the end and inserting “; and”; and
(E)
by adding at the end the following new paragraph:

“(4) adaptation and mitigation strategies to address socioeconomic effects of ocean acidification and coastal acidification.”

(3)
by adding at the end the following:

“(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. 9 Authorization of appropriations

Section 12409 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3708) is amended—

(1)
changed in subsection (a), by striking “subtitle—” and all that follows through paragraph (4) and inserting the following: “subtitle $30,500,000 $30.5 million for each of the fiscal years 2020 through 2024.”; and
(2)
changed in subsection (b), by striking “subtitle—” and all that follows through paragraph (4) and inserting the following: “subtitle $20,000,000 $20 million for each of the fiscal years 2020 through 2024.”.