[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2717 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2717

 To modify the Federal Ocean Acidification Research and Monitoring Act 
                    of 2009, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 2015

Mr. Farr (for himself, Mr. Young of Alaska, and Mrs. Capps) introduced 
  the following bill; which was referred to the Committee on Science, 
                         Space, and Technology

_______________________________________________________________________

                                 A BILL


 
 To modify the Federal Ocean Acidification Research and Monitoring Act 
                    of 2009, 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 ``Federal Ocean Acidification Research 
and Monitoring Act of 2015''.

SEC. 2. PURPOSES.

    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), by striking ``development and 
        coordination'' and inserting ``coordination and 
        implementation'';
            (2) in paragraph (1)(A), by inserting ``ocean chemistry 
        and'' after ``ocean acidification on'';
            (3) in paragraph (1)(B), by striking ``establish an 
        interagency research and monitoring'' and inserting ``maintain 
        and advise an interagency research, monitoring, and public 
        outreach''; and
            (4) in paragraph (2), by striking ``establishment'' and 
        inserting ``maintenance''.

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)--
                    (A) by striking ``and changes in ocean'' and 
                inserting ``, estuaries, and the Great Lakes and 
                changes in their''; and
                    (B) by striking ``from the atmosphere, including 
                carbon dioxide'' and inserting ``, including carbon 
                dioxide from the atmosphere''; and
            (2) in paragraph (3), by striking ``Joint''.

SEC. 4. INTERAGENCY SUBCOMMITTEE.

    Section 12404 of the Federal Ocean Acidification Research and 
Monitoring Act of 2009 (33 U.S.C. 3703) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``Joint Subcommittee on 
                        Ocean Science and Technology of the National 
                        Science and Technology Council'' and inserting 
                        ``Subcommittee, with the assistance of the 
                        interagency working group described in 
                        paragraph (2),''; and
                            (ii) by inserting ``on ocean 
                        acidification'' after ``working group''; and
                    (B) in paragraph (2), by striking ``United States 
                Geological Survey, the United States Fish and Wildlife 
                Service, and such other Federal agencies as 
                appropriate'' and inserting ``Bureau of Ocean Energy 
                Management, the Department of Agriculture, the 
                Department of State, the Environmental Protection 
                Agency, the United States Geological Survey, the United 
                States Fish and Wildlife Service, the United States 
                Navy, the Department of Energy, and such other Federal 
                agencies as the Subcommittee considers appropriate'';
            (2) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) by striking ``and'' at the end of 
                        subparagraph (A);
                            (ii) by inserting ``and'' at the end of 
                        subparagraph (B); and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(C) adaptation and mitigation strategies to 
                address socioeconomic impacts resulting from ocean 
                acidification;'';
                    (B) by striking ``and'' at the end of paragraph 
                (4);
                    (C) by redesignating paragraph (5) as paragraph 
                (6);
                    (D) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) ensure that each of the agencies represented on the 
        interagency working group delivers data and information to 
        support the Information Exchange described in paragraph (6) and 
        the data archive established under section 12406(c)(1); and''; 
        and
                    (E) in paragraph (6), as so redesignated by 
                subparagraph (C) of this paragraph--
                            (i) by inserting ``through the National 
                        Oceanic and Atmospheric Administration, in 
                        collaboration with the other agency members of 
                        the interagency working group, and in 
                        consultation with the Advisory Board 
                        established under subsection (d),'' before 
                        ``establish or designate'';
                            (ii) by inserting ``create a platform for 
                        community coordination and to'' after 
                        ``Exchange to''; and
                            (iii) by inserting ``State, local, and 
                        tribal governments,'' after ``useful to 
                        policymakers,'';
            (3) in subsection (c)--
                    (A) in paragraph (2)--
                            (i) by striking ``Not later than 2 years 
                        after the delivery of the initial report under 
                        paragraph (1) and every 2 years thereafter, the 
                        Subcommittee'' and inserting ``Not later than 3 
                        years after publication of the most recent 
                        strategic research plan under section 12405, 
                        the Subcommittee, in consultation with the 
                        Advisory Board established under subsection 
                        (d),'';
                            (ii) by inserting ``, and to the Office of 
                        Management and Budget,'' after ``House of 
                        Representatives''; and
                            (iii) in subparagraph (B), by striking 
                        ``the interagency research plan developed by 
                        the Subcommittee under section 12405'' and 
                        inserting ``such strategic research plan''; and
                    (B) by striking paragraph (3); and
            (4) by adding at the end the following new subsection:
    ``(d) Advisory Board.--
            ``(1) Establishment.--The Chairman of the Subcommittee 
        shall establish an Ocean Acidification Advisory Board.
            ``(2) Membership.--The Advisory Board shall have 15 
        members, with a reasonable cross-sectional representation of 
        the United States coastal, island, and Great Lakes regions, 
        including--
                    ``(A) 2 representatives of the shellfish and crab 
                industry;
                    ``(B) 1 representative of the finfish industry;
                    ``(C) 1 representative of seafood processors;
                    ``(D) 3 representatives from academia, including 
                both natural and social sciences;
                    ``(E) 1 representative of relevant nongovernmental 
                organizations;
                    ``(F) 6 representatives from relevant State, local, 
                and tribal governments and Federal agencies; and
                    ``(G) 1 additional qualified member.
            ``(3) Appointment of members.--The Chairman of the 
        Subcommittee shall appoint members to 5-year terms, giving 
        consideration to ensuring an appropriate balance of scientific, 
        industry, and geographical interests, and ensuring 
        representation from all relevant sectors. A member may be 
        appointed to more than one term.
            ``(4) Application.--The Chairman of the Subcommittee shall 
        seek and give due consideration to applications from members of 
        the public for seats on the Advisory Board.
            ``(5) Nomination.--The Chairman of the Subcommittee shall 
        seek and give due consideration to nominations and 
        recommendations from the public and the members of the 
        interagency working group for the appointments to the Advisory 
        Board.
            ``(6) Member expertise.--Selection of individuals for the 
        Advisory Board shall be based on their demonstrated expertise 
        on ocean acidification and its scientific, economic, industry, 
        and community impacts, and their record of distinguished 
        service in relation to this issue. Their perspectives shall 
        broadly represent the interest group for which the seat is 
        designated.
            ``(7) Chairman.--The Chairman of the Subcommittee shall 
        appoint one member of the Advisory Board to serve as Chairman.
            ``(8) Meetings.--The Advisory Board shall meet at such 
        times and places as may be designated by the Chairman of the 
        Advisory Board, in consultation with the Chairman of the 
        Subcommittee.
            ``(9) Duties.--The Advisory Board shall--
                    ``(A) not later than 6 months after transmittal of 
                a report by the Subcommittee under subsection (c)(2), 
                transmit to the Subcommittee, 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 an analysis 
                of such report;
                    ``(B) not later than 6 months after publication of 
                the most recent strategic research plan under section 
                12405, transmit to the Subcommittee, 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 an analysis 
                of such strategic research plan and the implementation 
                thereof;
                    ``(C) provide ongoing advice to the Subcommittee 
                and the interagency working group on matters related to 
                Federal activities on ocean acidification taken 
                pursuant to this subtitle;
                    ``(D) advise the Subcommittee and the interagency 
                working group on the content and design of the 
                Information Exchange described in subsection (b)(6);
                    ``(E) advise the Subcommittee and the interagency 
                working group on the standards developed for data 
                archiving as required under section 12406(c);
                    ``(F) establish a publicly accessible web page, 
                hosted by the National Oceanic and Atmospheric 
                Administration, that includes--
                            ``(i) the charter required under section 
                        9(c) of the Federal Advisory Committee Act (5 
                        U.S.C. App.);
                            ``(ii) schedules and minutes for meetings 
                        of the Advisory Board;
                            ``(iii) any documents described in 
                        subsections (b) and (c) of section 9 of the 
                        Federal Advisory Committee Act that are created 
                        by the Advisory Board; and
                            ``(iv) any reports prepared by the Advisory 
                        Board;
                    ``(G) publish in the Federal Register the charter 
                described in subparagraph (F)(i); and
                    ``(H) provide to the Library of Congress any 
                charter or document described in subparagraph (F)(i) or 
                (iii).
            ``(10) Federal advisory committee act.--The Federal 
        Advisory Committee Act shall not apply to the Advisory Board, 
        except for section 9(b) and (c) and section 10(a) through 
        (d).''.

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 inserting ``and not later than 5 years after 
                publication of the most recent plan under this 
                section,'' after ``enactment of this Act,'';
                    (B) by inserting ``address socioeconomic impacts 
                and'' after ``mitigation strategies to''; and
                    (C) by striking ``National Academy of Sciences in 
                the review of the plan required under subsection (d)'' 
                and inserting ``Advisory Board'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by inserting ``and social'' 
                after ``among the ocean'';
                    (B) in paragraph (2)(B), by striking ``improve the 
                ability to'';
                    (C) in paragraph (2)(C), by inserting ``address 
                socioeconomic impacts and'' after ``mitigation 
                strategies to'';
                    (D) in paragraph (3)(F), by inserting ``and 
                management'' after ``database development'';
                    (E) by striking ``and'' at the end of paragraph 
                (3)(H);
                    (F) by redesignating subparagraph (I) of paragraph 
                (3) as subparagraph (J);
                    (G) by inserting after paragraph (3)(H) the 
                following new subparagraph:
                    ``(I) education and outreach activities; and'';
                    (H) in paragraph (4), by striking ``set forth'' and 
                inserting ``ensure an appropriate balance of 
                contribution in setting forth''; and
                    (I) by amending paragraph (7) to read as follows:
            ``(7) estimate budget requirements by fiscal year for full 
        implementation of each element of the plan over the course of 
        the 10 years of the plan;'';
            (3) in subsection (c)--
                    (A) in paragraph (1)(C), by striking ``surface'';
                    (B) in paragraph (3)--
                            (i) by striking ``input'' and inserting 
                        ``inputs''; and
                            (ii) by inserting ``, marine food webs,'' 
                        after ``marine ecosystems'';
                    (C) in paragraph (4), by striking ``on moorings and 
                autonomous floats'' and inserting ``for monitoring and 
                research''; and
                    (D) 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, including hypoxia and 
        harmful algal blooms.''; and
            (4) by striking subsections (d) and (e) and inserting the 
        following:
    ``(d) Publication and Public Comment.--Not later than 90 days 
before the strategic research plan, or any revision thereof, is 
transmitted 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) 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 
                                agencies,'' after ``ocean observing 
                                assets,''; and
                                    (II) by inserting ``and agency and 
                                department missions, prioritizing co-
                                location of monitoring instruments, 
                                assets, and projects for efficient use 
                                of resources and to optimize 
                                understanding of socioeconomic impacts 
                                and ecosystem health'' after ``research 
                                program'';
                            (ii) in subparagraph (C), by inserting 
                        ``and protecting impacted industries and 
                        communities'' after ``marine ecosystems''; and
                            (iii) in subparagraph (F), by striking 
                        ``monitoring and impacts research'' and 
                        inserting ``research, monitoring, and 
                        adaptation strategies''; and
                    (C) in paragraph (2), by striking ``projects that 
                explore'' and inserting ``and education projects that 
                explore and communicate''; and
            (2) by adding at the end the following new subsection:
    ``(c) Data Archive, Access, and Availability.--
            ``(1) Establishment.--The Secretary, in coordination with 
        members of the interagency working group, shall establish data 
        processing, storage, and archive facilities and procedures to 
        provide for the long-term stewardship of environmental data, 
        products, and information necessary for carrying out this 
        subtitle.
            ``(2) Activities.--Activities under this subsection shall 
        include--
                    ``(A) archiving environmental data collected by 
                Federal, State, and local agencies, academic 
                scientists, citizen scientists, industry and tribal 
                organizations, and federally funded research;
                    ``(B) promoting widespread availability and 
                dissemination of environmental data and information 
                through full and open access exchange to the greatest 
                extent possible, including in electronic format on the 
                Internet through resources such as the Information 
                Exchange described in section 12404(b)(6);
                    ``(C) developing standards, protocols, and 
                procedures for interoperability and intercalibration 
                and the sharing of Federal data with State and local 
                government programs, the private sector, and academia; 
                and
                    ``(D) developing metadata standards in accordance 
                with available guidelines.
            ``(3) Requirement.--Recipients of grants from the National 
        Oceanic and Atmospheric Administration under this subtitle 
        shall collect data in accordance with the interoperability, 
        intercalibration, and metadata standards described in paragraph 
        (2) and submit those data to the Secretary on a timely 
        basis.''.

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) in subsection (a), by striking ``continue to carry out 
        research activities on ocean acidification which shall''; and
            (2) by adding at the end the following new subsection:
    ``(d) Requirement.--Recipients of grants from the National Science 
Foundation under this subtitle shall collect data in accordance with 
the interoperability, intercalibration, and metadata standards 
described in section 12406(c)(2) and submit those data to the Secretary 
on a timely basis.''.

SEC. 8. 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 ``this subtitle'' and 
        all that follows through ``2012'' and inserting ``$20,000,000 
        for each of the fiscal years 2016 through 2019''; and
            (2) in subsection (b), by striking ``this subtitle'' and 
        all that follows through ``2012'' and inserting ``$15,000,000 
        for each of the fiscal years 2016 through 2019''.
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