[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1447 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
1st Session
H. R. 1447
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 19, 2021
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal and Ocean Acidification
Stressors and Threats Research Act of 2021'' or the ``COAST Research
Act of 2021''.
SEC. 2. PURPOSES.
(a) In General.--Section 12402(a) of the Federal Ocean
Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3701(a))
is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``development and coordination'' and inserting
``coordination and implementation'';
(B) in subparagraph (A), by striking
``acidification on marine organisms'' and inserting
``acidification and coastal acidification on marine
organisms''; and
(C) in subparagraph (B), by striking ``establish''
and all that follows through the semicolon and
inserting ``maintain and advise an interagency
research, monitoring, and public outreach program on
ocean acidification and coastal acidification;'';
(2) in paragraph (2), by striking ``establishment'' and
inserting ``maintenance'';
(3) in paragraph (3), by inserting ``and coastal
acidification'' after ``ocean acidification''; and
(4) in paragraph (4), by inserting ``and coastal
acidification that take into account other environmental and
anthropogenic stressors'' after ``ocean acidification''.
(b) Technical and Conforming Amendment.--Section 12402 of the
Federal Ocean Acidification Research and Monitoring Act of 2009 (33
U.S.C. 3701(a)) is amended by striking ``(a) Purposes.--''.
SEC. 3. DEFINITIONS.
Section 12403 of the Federal Ocean Acidification Research and
Monitoring Act of 2009 (33 U.S.C. 3702) is amended--
(1) in paragraph (1), by striking ``of the Earth's oceans''
and all that follows before the period at the end and inserting
``and changes in the water chemistry of the Earth's oceans,
coastal estuaries, and waterways caused by carbon dioxide from
the atmosphere and the breakdown of organic matter'';
(2) in paragraph (3), by striking ``Joint Subcommittee on
Ocean Science and Technology of the National Science and
Technology Council'' and inserting ``National Science and
Technology Council Subcommittee on Ocean Science and
Technology'';
(3) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively;
(4) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(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.''; and
(5) by adding at the end the following new paragraph:
``(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.
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 establish'' and insert ``Subcommittee shall
establish and maintain'';
(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:
``(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 a relevant
nongovernmental organization.
``(G) Six representatives from relevant State,
local, and Tribal governments.
``(H) One representative from the Alaska Ocean
Acidification Network or a subsequent entity that
represents the same geographical region and has a
similar purpose.
``(I) One representative from the California
Current Acidification Network or a subsequent entity
that represents the same geographical region and has a
similar purpose.
``(J) One representative from the Northeast Coastal
Acidification Network or a subsequent entity that
represents the same geographical region and has a
similar purpose.
``(K) One representative from the Southeast Coastal
Acidification Network or a subsequent entity that
represents the same geographical region and has a
similar purpose.
``(L) One representative from the Gulf of Mexico
Coastal Acidification Network or a subsequent entity
that represents the same geographical region and has a
similar purpose.
``(M) One representative from the Mid-Atlantic
Coastal Acidification Network or a subsequent entity
that represents the same geographical region and has a
similar purpose.
``(N) One representative from the Pacific Islands
Ocean Observing System or a subsequent entity that
represents the island territories and possessions of
the United States in the Pacific Ocean, and the State
of Hawaii and has a similar purpose.
``(O) One representative from the Caribbean
Regional Association for Coastal Ocean Observing or a
subsequent entity that represents Puerto Rico and the
United States Virgin Islands and has a similar purpose.
``(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 or at the request
of the Subcommittee.
``(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;
``(ii) conservation of marine organisms and
ecosystems;
``(iii) assessment of the effectiveness of
such adaptation and mitigation strategies;
and''; 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:
``(11) 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:
``(8) Research to understand related and cumulative
stressors and other biogeochemical processes occurring in
conjunction with ocean acidification and coastal
acidification.''; and
(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. 6. NOAA OCEAN ACIDIFICATION ACTIVITIES.
Section 12406 of the Federal Ocean Acidification Research and
Monitoring Act of 2009 (33 U.S.C. 3705) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``coordination,'' after ``research,
monitoring,'';
(B) in paragraph (1)--
(i) in subparagraph (B)--
(I) by inserting ``including the
Integrated Ocean Observing System and
the ocean observing assets of other
Federal, State, and Tribal agencies,''
after ``ocean observing assets,''; and
(II) by inserting ``and agency and
department missions, prioritizing the
location of monitoring instruments,
assets, and projects to maximize the
efficiency of resources and to optimize
understanding of socioeconomic impacts
and ecosystem health'' after ``research
program'';
(ii) in subparagraph (C)--
(I) by striking ``adaptation'' and
inserting ``adaptation and
mitigation''; and
(II) by inserting ``and supporting
socioeconomically vulnerable States,
local governments, Tribes, communities,
and industries through technical
assistance and mitigation strategies''
after ``marine ecosystems'';
(iii) in subparagraph (E), by striking
``its impacts'' and inserting ``their
respective impacts'';
(iv) in subparagraph (F), by striking
``monitoring and impacts research'' and
inserting ``research, monitoring, and
adaptation and mitigation strategies''; and
(v) by adding at the end the following new
subparagraph:
``(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) in paragraph (2), by striking ``critical
research projects that explore'' and inserting
``critical research, education, and outreach projects
that explore and communicate''; and
(D) in paragraphs (1) and (2), by striking
``acidification'' each place it appears and inserting
``acidification and coastal acidification''; and
(2) by adding at the end the following new subsections:
``(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.
``(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) after publication, in accordance with any rules
promulgated by the Secretary.''.
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), by
striking ``its impacts'' and inserting ``their
respective impacts'';
(B) in paragraph (3), by striking ``and its
impacts'' and inserting ``and their respective
impacts'';
(C) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(5) adaptation and mitigation strategies to address
socioeconomic effects of ocean acidification and coastal
acidification.''; and
(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
after publication, in accordance with any rules promulgated by
the Director or the Secretary.''.
SEC. 8. NASA OCEAN ACIDIFICATION ACTIVITIES.
Section 12408 of the Federal Ocean Acidification Research and
Monitoring Act of 2009 (33 U.S.C. 3707) is amended--
(1) by striking ``ocean acidification'' each place it
appears and inserting ``ocean acidification and coastal
acidification'';
(2) in subsection (a), by striking ``its impacts'' and
inserting ``their respective impacts''; and
(3) by adding at the end the following new subsection:
``(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.''.
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) in subsection (a), by striking ``subtitle--'' and all
that follows through paragraph (4) and inserting the following:
``subtitle--
``(1) $30,500,000 for fiscal year 2022;
``(2) $35,000,000 for fiscal year 2023;
``(3) $40,000,000 for fiscal year 2024;
``(4) $45,000,000 for fiscal year 2025; and
``(5) $50,000,000 for fiscal year 2026.''; and
(2) in subsection (b), by striking ``subtitle--'' and all
that follows through paragraph (4) and
inserting the following: ``subtitle $20,000,000 for each of the
fiscal years 2022 through 2026.''.
Passed the House of Representatives May 18, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.