II 116TH CONGRESS 1ST SESSION S. 2699 To reauthorize the Federal Ocean Acidification Research and Monitoring Act of 2009, and for other purposes. IN THE SENATE OF THE UNITED STATES OCTOBER 24, 2019 Mr. MARKEY (for himself and Mr. SULLIVAN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To reauthorize the Federal Ocean Acidification Research and Monitoring Act of 2009, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Ocean, Coastal, and 4 Estuarine Acidification Necessitates Research Act of 5 2019’’ or the ‘‘OCEAN Research Act’’. 6 SEC. 2. PURPOSES. 7 Section 12402 of the Federal Ocean Acidification Re- 8 search and Monitoring Act of 2009 (33 U.S.C. 3701) is 9 amended— 10 VerDate Sep 11 2014 20:35 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2699.IS S2699 pamtmann on DSKBC07HB2PROD with BILLS
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II
116TH CONGRESS 1ST SESSION S. 2699
To reauthorize the Federal Ocean Acidification Research and Monitoring
Act of 2009, and for other purposes.
IN THE SENATE OF THE UNITED STATES
OCTOBER 24, 2019
Mr. MARKEY (for himself and Mr. SULLIVAN) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
A BILL To reauthorize the Federal Ocean Acidification Research and
Monitoring Act of 2009, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Ocean, Coastal, and 4
Estuarine Acidification Necessitates Research Act of 5
2019’’ or the ‘‘OCEAN Research Act’’. 6
SEC. 2. PURPOSES. 7
Section 12402 of the Federal Ocean Acidification Re-8
search and Monitoring Act of 2009 (33 U.S.C. 3701) is 9
amended— 10
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(1) by striking ‘‘(a) PURPOSES.—’’; 1
(2) in paragraph (1)— 2
(A) in the matter preceding subparagraph 3
(A), by striking ‘‘development and coordina-4
tion’’ and inserting ‘‘coordination and imple-5
mentation’’; 6
(B) in subparagraph (A), by striking 7
‘‘acidification on marine organisms’’ and insert-8
ing ‘‘acidification and coastal acidification on 9
marine organisms’’; and 10
(C) in subparagraph (B), by striking ‘‘es-11
tablish’’ and all that follows and inserting 12
‘‘maintain an interagency research, monitoring, 13
and public outreach program on ocean acidifica-14
tion and coastal acidification;’’; 15
(3) in paragraph (2), by striking ‘‘establishment 16
of an ocean acidification program’’ and inserting 17
‘‘maintenance of an ocean acidification and coastal 18
acidification program’’; 19
(4) in paragraph (3), by inserting ‘‘and coastal 20
acidification’’ after ‘‘ocean acidification’’; and 21
(5) in paragraph (4), by inserting ‘‘and coastal 22
acidification that take into account other environ-23
mental and anthropogenic stressors’’ after ‘‘ocean 24
acidification’’. 25
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SEC. 3. DEFINITIONS. 1
Section 12403 of the Federal Ocean Acidification Re-2
search and Monitoring Act of 2009 (33 U.S.C. 3702) is 3
amended— 4
(1) in paragraph (1), by striking ‘‘of the 5
Earth’s oceans’’ and all that follows and inserting 6
‘‘and changes in the water chemistry of the Earth’s 7
oceans, coastal estuaries, and waterways caused by 8
carbon dioxide from the atmosphere and the break-9
down of organic matter.’’; 10
(2) in paragraph (3), by striking ‘‘Joint Sub-11
committee on Ocean Science and Technology’’ and 12
inserting ‘‘Subcommittee on Ocean Science and 13
Technology of the Committee on Environment’’; 14
(3) by redesignating paragraphs (1), (2), and 15
(3) as paragraphs (2), (4), and (5), respectively; 16
(4) by inserting before paragraph (2), as so re-17
designated, the following: 18
‘‘(1) COASTAL ACIDIFICATION.—The term 19
‘coastal acidification’ means the combined decrease 20
in pH and changes in the water chemistry of coastal 21
oceans, estuaries, and other bodies of water from 22
chemical inputs (including carbon dioxide from the 23
atmosphere), freshwater inputs, and excess nutrient 24
run-off from land and coastal atmospheric pollution 25
that result in processes that release carbon dioxide, 26
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acidic nitrogen, and sulfur compounds as byproducts 1
which end up in coastal waters.’’; 2
(5) by inserting after paragraph (2), as so re-3
designated, the following: 4
‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 5
The term ‘institution of higher education’ has the 6
meaning given the term in section 101 of the Higher 7
Education Act of 1965 (20 U.S.C. 1001).’’; and 8
(6) by adding at the end the following: 9
‘‘(6) STATE.—The term ‘State’ means each 10
State of the United States, the District of Columbia, 11
the Commonwealth of Puerto Rico, American 12
Samoa, Guam, the Commonwealth of the Northern 13
Mariana Islands, the Virgin Islands of the United 14
States, and any other territory or possession of the 15
United States. 16
‘‘(7) TRIBAL ORGANIZATION.—The term ‘Tribal 17
organization’ has the meaning given the term ‘tribal 18
organization’ in section 4 of the Indian Self-Deter-19
mination and Education Assistance Act (25 U.S.C. 20
5304).’’. 21
SEC. 4. INTERAGENCY WORKING GROUP. 22
Section 12404 of the Federal Ocean Acidification Re-23
search and Monitoring Act of 2009 (33 U.S.C. 3703) is 24
amended— 25
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(1) in the section heading, by striking ‘‘SUB-1
COMMITTEE’’ and inserting ‘‘WORKING GROUP’’; 2
(2) in subsection (a)— 3
(A) by amending paragraph (1) to read as 4
follows: 5
‘‘(1) IN GENERAL.—The Subcommittee shall es-6
tablish an interagency working group on ocean acidi-7
fication and coastal acidification.’’; 8
(B) by amending paragraph (2) to read as 9
follows: 10
‘‘(2) MEMBERSHIP.—The interagency working 11
group on ocean acidification shall be comprised of 12
senior representatives from— 13
‘‘(A) the National Oceanic and Atmos-14
pheric Administration; 15
‘‘(B) the National Science Foundation; 16
‘‘(C) the National Aeronautics and Space 17
Administration; 18
‘‘(D) the United States Geological Survey; 19
‘‘(E) the United States Fish and Wildlife 20
Service; 21
‘‘(F) the Bureau of Ocean Energy Man-22
agement; 23
‘‘(G) the Environmental Protection Agen-24
cy; 25
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‘‘(H) the Department of Agriculture; 1
‘‘(I) the Department of State; 2
‘‘(J) the Department of Energy; 3
‘‘(K) the Department of the Navy; 4
‘‘(L) the National Park Service; 5
‘‘(M) the Bureau of Indian Affairs; 6
‘‘(N) the National Institute of Standards 7
and Technology; 8
‘‘(O) the Smithsonian Institution; and 9
‘‘(P) such other Federal agencies as the 10
Subcommittee considers appropriate.’’; and 11
(C) in paragraph (3), in the paragraph 12
heading, by striking ‘‘CHAIRMAN’’ and inserting 13
‘‘CHAIR’’; 14
(3) in subsection (b)— 15
(A) in paragraph (1)— 16
(i) by inserting ‘‘and coastal acidifica-17
tion’’ after ‘‘acidification’’; and 18
(ii) by inserting ‘‘, including the ef-19
forts of the National Oceanic and Atmos-20
pheric Administration to facilitate such im-21
plementation’’ after ‘‘of the plan’’; 22
(B) in paragraph (2)— 23
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(i) in subparagraph (A), by inserting 1
‘‘and coastal acidification’’ after ‘‘ocean 2
acidification’’; and 3
(ii) in subparagraph (B), by inserting 4
‘‘or coastal acidification’’ after ‘‘ocean 5
acidification’’; 6
(C) in paragraph (4), by striking ‘‘; and’’ 7
and inserting a semicolon; 8
(D) in paragraph (5)— 9
(i) by inserting ‘‘and Coastal’’ after 10
‘‘Ocean’’; 11
(ii) by striking ‘‘developed’’ and in-12
serting ‘‘and coastal acidification devel-13
oped’’; and 14
(iii) by striking the period at the end 15
and inserting ‘‘and coastal acidification; 16
and’’; and 17
(E) by adding at the end the following: 18
‘‘(6) ensure that each of the Federal agencies 19
represented on the interagency working group— 20
‘‘(A) participates in the Ocean and Coastal 21
Acidification Information Exchange established 22
under paragraph (5); and 23
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‘‘(B) delivers data and information to sup-1
port the data archive system established under 2
section 12406(d).’’; and 3
(4) in subsection (c), in paragraph (2)— 4
(A) in the matter preceding subparagraph 5
(A), by inserting ‘‘, and to the Director of the 6
Office of Management and Budget,’’ after 7
‘‘House of Representatives’’; and 8
(B) in subparagraph (B), by striking ‘‘the 9
interagency research’’ and inserting ‘‘inter-10
agency strategic research’’. 11
SEC. 5. OCEAN AND COASTAL ACIDIFICATION ADVISORY 12
BOARD. 13
The Federal Ocean Acidification Research and Moni-14
toring Act of 2009 (33 U.S.C. 3701 et seq.) is amended 15
by inserting after section 12404 the following: 16
‘‘SEC. 12404A. OCEAN AND COASTAL ACIDIFICATION ADVI-17
SORY BOARD. 18
‘‘(a) ESTABLISHMENT.—The Chair of the Sub-19
committee shall establish an Ocean and Coastal Acidifica-20
tion Advisory Board (in this section referred to as the ‘Ad-21
visory Board’). 22
‘‘(b) DUTIES.—The Advisory Board shall— 23
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‘‘(1) not later than 180 days before the Sub-1
committee submits a report under section 2
12404(c)(2)— 3
‘‘(A) review a draft of the report; 4
‘‘(B) submit to the Subcommittee an anal-5
ysis of the draft for consideration before sub-6
mitting the report under section 12404(c)(2); 7
and 8
‘‘(C) concurrently with the submission by 9
the Subcommittee of the report under that sec-10
tion, submit a copy of the analysis provided to 11
the Subcommittee under subparagraph (B) to— 12
‘‘(i) the Committee on Commerce, 13
Science, and Transportation of the Senate; 14
and 15
‘‘(ii) the Committee on Science, 16
Space, and Technology and the Committee 17
on Natural Resources of the House of Rep-18
resentatives; 19
‘‘(2) not later than 180 days before the Sub-20
committee submits a strategic research plan under 21
section 12404(c)(3)— 22
‘‘(A) review a draft of the plan; 23
‘‘(B) submit to the Subcommittee an anal-24
ysis of the plan, and recommendations for the 25
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implementation of the plan, for consideration 1
before submitting the plan under section 2
12404(c)(3); and 3
‘‘(C) concurrently with the submission of 4
the Subcommittee of the plan under that sec-5
tion, submit a copy of the analysis provided to 6
the Subcommittee under subparagraph (B) to 7
the committees specified in clauses (i) and (ii) 8
of paragraph (1)(C); 9
‘‘(3) provide ongoing advice to the Sub-10
committee and the interagency working group estab-11
lished under section 12404 on matters related to 12
Federal activities on ocean acidification and coastal 13
acidification; 14
‘‘(4) advise the Subcommittee and the inter-15
agency working group on— 16
‘‘(A) efforts to coordinate research and 17
monitoring activities related to ocean acidifica-18
tion and coastal acidification; and 19
‘‘(B) the best practices for the standards 20
developed for data archiving under section 21
12406(e); 22
‘‘(5) publish in the Federal Register a charter; 23
‘‘(6) provide to the Library of Congress— 24
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‘‘(A) the charter required by paragraph 1
(5); 2
‘‘(B) any schedules and minutes for meet-3
ings of the Advisory Board; 4
‘‘(C) any documents that are approved by 5
the Advisory Board; and 6
‘‘(D) any reports and analysis prepared by 7
the Advisory Board; and 8
‘‘(7) establish a publicly accessible page on the 9
website of the National Oceanic and Atmospheric 10
Administration that contains the information de-11
scribed in subparagraphs (A) through (D) of para-12
graph (6). 13
‘‘(c) MEMBERSHIP.—The Advisory Board shall con-14
sist of 24 members as follows: 15
‘‘(1) Two representatives of the shellfish and 16
crab industry. 17
‘‘(2) One representative of the finfish industry. 18
‘‘(3) One representative of seafood processors. 19
‘‘(4) Three representatives from institutions of 20
higher education, including both natural and social 21
sciences. 22
‘‘(5) One representative of recreational fishing. 23
‘‘(6) One representative of relevant nongovern-24
mental organizations. 25
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‘‘(7) Six representatives from relevant State 1
and local governments and Tribal organizations. 2
‘‘(8) One representative from the Alaska Ocean 3
Acidification Network. 4
‘‘(9) One representative from the California 5
Current Acidification Network. 6
‘‘(10) One representative from the Northeast 7
Coastal Acidification Network. 8
‘‘(11) One representative from the Southeast 9
Ocean and Coastal Acidification Network. 10
‘‘(12) One representative from the Gulf of Mex-11
ico Ocean Acidification Network. 12
‘‘(13) One representative from the Mid-Atlantic 13
Coastal Acidification Network. 14
‘‘(14) One representative from the Pacific Is-15
lands Ocean Observing System or a similar entity 16
representing— 17
‘‘(A) the island territories and possessions 18
of the United States in the Pacific Ocean; and 19
‘‘(B) the State of Hawaii. 20
‘‘(15) One representative from the Caribbean 21
Regional Association for Coastal Ocean Observing or 22
a similar entity representing Puerto Rico and the 23
United States Virgin Islands. 24
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‘‘(16) One representative from the National 1
Oceanic and Atmospheric Administration, who shall 2
serve as an ex officio member of the Advisory Board 3
without a vote. 4
‘‘(d) APPOINTMENT OF MEMBERS.—The Chair of the 5
Subcommittee shall— 6
‘‘(1) appoint members to the Advisory Board 7
(taking into account the geographical interests of 8
each individual to be appointed as a member to en-9
sure that an appropriate balance of geographical in-10
terests are represented by the members of the Advi-11
sory Board) who— 12
‘‘(A) represent the interest group for which 13
each seat is designated; 14
‘‘(B) demonstrate expertise on ocean acidi-15
fication or coastal acidification and its sci-16
entific, economic, industry, cultural, and com-17
munity impacts; and 18
‘‘(C) have a record of distinguished service 19
with respect to ocean acidification or coastal 20
acidification, and such impacts; 21
‘‘(2) give consideration to nominations and rec-22
ommendations from the members of the interagency 23
working group and the public for such appointments; 24
and 25
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‘‘(3) ensure that an appropriate balance of sci-1
entific, industry, and geographical interests are rep-2
resented by the members of the Advisory Board. 3
‘‘(e) TERM OF MEMBERSHIP.—Each member of the 4
Advisory Board— 5
‘‘(1) shall be appointed for a 5-year term; and 6
‘‘(2) may be appointed to more than one term. 7
‘‘(f) CHAIR.—The Chair of the Subcommittee shall 8
appoint one member of the Advisory Board to serve as 9
the Chair of the Advisory Board. 10
‘‘(g) MEETINGS.—Not less than once each calendar 11
year, the Advisory Board shall meet at such times and 12
places as may be designated by the Chair of the Advisory 13
Board, in consultation with the Chair of the Subcommittee 14
and the Chair of the interagency working group. 15
‘‘(h) BRIEFING.—The Chair of the Advisory Board 16
shall brief the Subcommittee and the interagency working 17
group on the progress of the Advisory Board as necessary. 18
‘‘(i) FEDERAL ADVISORY COMMITTEE ACT.—Section 19
14 of the Federal Advisory Committee Act (5 U.S.C. 20
App.) shall not apply to the Advisory Board.’’. 21
SEC. 6. STRATEGIC RESEARCH PLAN. 22
Section 12405 of the Federal Ocean Acidification Re-23
search and Monitoring Act of 2009 (33 U.S.C. 3704) is 24
amended— 25
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(1) by inserting ‘‘and coastal acidification’’ 1
after ‘‘acidification’’ each place it appears; 2
(2) in subsection (a)— 3
(A) in the first sentence— 4
(i) by inserting ‘‘, and not later than 5
every 5 years thereafter’’ after ‘‘the date of 6
enactment of this Act’’; 7
(ii) by inserting ‘‘address the socio-8
economic impacts of ocean acidification 9
and coastal acidification and to’’ after 10
‘‘mitigation strategies to’’; and 11
(iii) by striking ‘‘marine ecosystems’’ 12
each place it appears and inserting ‘‘eco-13
systems’’; and 14
(B) in the second sentence— 15
(i) by striking ‘‘its potential impacts’’ 16
and inserting ‘‘their potential impacts’’; 17
and 18
(ii) by inserting ‘‘and recommenda-19
tions made by the Advisory Board in the 20
review of the plan required under section 21
12404A(b)(2)(A)’’ after ‘‘subsection (d)’’; 22
(3) in subsection (b)— 23
(A) in paragraph (1), by inserting ‘‘and so-24
cial sciences’’ after ‘‘among the ocean sciences’’; 25
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(B) in paragraph (2)— 1
(i) in subparagraph (A), by striking 2
‘‘its physical, chemical, and biological im-3
pacts’’ and inserting ‘‘their physical, chem-4
ical, and biological impacts, including 5
trends of changes in ocean chemistry,’’; 6
(ii) in subparagraph (B)— 7
(I) by striking ‘‘improve the abil-8
ity to assess the’’ and inserting ‘‘as-9
sess the short-term and long-term’’; 10
and 11
(II) by striking ‘‘; and’’ at the 12
end and inserting a semicolon; 13
(iii) by amending subparagraph (C) to 14
read as follows: 15
‘‘(C) provide information for the— 16
‘‘(i) development of adaptation and 17
mitigation strategies to address the socio-18
economic impacts of ocean acidification 19
and coastal acidification; 20
‘‘(ii) conservation of marine organisms 21
and ecosystems; and 22
‘‘(iii) assessment of the effectiveness 23
of such adaptation and mitigation strate-24
gies; and’’; and 25
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(iv) by adding at the end the fol-1
lowing: 2
‘‘(D) improve research on— 3
‘‘(i) ocean acidification and coastal 4
acidification; 5
‘‘(ii) the interactions between and ef-6
fects of multiple combined stressors includ-7
ing changes in water chemistry, changes in 8
sediment delivery, hypoxia, and harmful 9
algal blooms, on ocean acidification and 10
coastal acidification; and 11
‘‘(iii) the effect of environmental 12
stressors on marine resources and eco-13
systems;’’; 14
(C) in paragraph (3)— 15
(i) in subparagraph (F), by striking 16
‘‘database development’’ and inserting 17
‘‘data management’’; 18
(ii) in subparagraph (H), by striking 19
‘‘; and’’ and inserting a semicolon; and 20
(iii) by adding at the end the fol-21
lowing: 22
‘‘(J) assessment of adaptation and mitiga-23
tion strategies; and 24
‘‘(K) education and outreach activities;’’; 25
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(D) in paragraph (4), by striking ‘‘set 1
forth’’ and inserting ‘‘ensure an appropriate 2
balance of contribution in establishing’’; 3
(E) in paragraph (5), by striking ‘‘reports’’ 4
and inserting ‘‘the best available peer-reviewed 5
scientific reports’’; 6
(F) in paragraph (6), by striking ‘‘of the 7
United States’’ and inserting ‘‘within the 8
United States’’; 9
(G) in paragraph (7), by striking ‘‘outline 10
budget requirements’’ and inserting ‘‘estimate 11
costs associated for full implementation of each 12