[House Report 116-81]
[From the U.S. Government Publishing Office]


116th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {       116-81

======================================================================



 
          COASTAL COMMUNITIES OCEAN ACIDIFICATION ACT OF 2019

                                _______
                                

  May 23, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Ms. Johnson of Texas, from the Committee on Science, Space, and 
                  Technology, submitted the following

                              R E P O R T

                        [To accompany H.R. 1716]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 1716) to direct the Secretary of 
Commerce, acting through the Administrator of the National 
Oceanic and Atmospheric Administration, to conduct coastal 
community vulnerability assessments related to ocean 
acidification, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill.............................................3
 III. Background and Need for the Legislation.........................3
  IV. Committee Hearings..............................................4
   V. Committee Consideration and Votes...............................5
  VI. Summary of Major Provisions of the Bill.........................6
 VII. Section-by-Section Analysis (By Title and Section)..............6
VIII. Committee Views.................................................6
  IX. Cost Estimate...................................................7
   X. Congressional Budget Office Cost Estimate.......................7
  XI. Compliance with Public Law 104-4 (Unfunded Mandates)............8
 XII. Committee Oversight Findings and Recommendations................9
XIII. Statement on General Performance Goals and Objectives...........9
 XIV. Federal Advisory Committee Statement............................9
  XV. Duplication of Federal Programs.................................9
 XVI. Earmark Identification..........................................9
XVII. Applicability to the Legislative Branch.........................9
XVIII.Statement on Preemption of State, Local, or Tribal Law..........9

 XIX. Changes in Existing Law Made by the Bill, As Reported...........9
  XX. Exchange of Committee Correspondence...........................17
 XXI. Proceedings of Subcommittee Markup.............................19
XXII. Proceedings of Full Committee Markup...........................37

                              I. Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Coastal Communities Ocean 
Acidification Act of 2019''.

SEC. 2. STATE AND UNITED STATES DEFINED.

  Section 12403 of the Federal Ocean Acidification Research And 
Monitoring Act of 2009 (33 U.S.C. 3702) is amended--
          (1) by redesignating paragraph (3) as paragraph (4);
          (2) by inserting after paragraph (2) the following:
          ``(3) 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.''; and
          (3) by adding at the end the following:
          ``(5) United states.--The term `United States' means the 
        States, collectively.''.

SEC. 3. COASTAL COMMUNITY VULNERABILITY ASSESSMENT.

  (a) In General.--Section 12406 of the Federal Ocean Acidification 
Research And Monitoring Act of 2009 (33 U.S.C. 3705) is amended--
          (1) by redesignating subsection (b) as subsection (d); and
          (2) by inserting after subsection (a) the following:
  ``(b) Community Vulnerability Assessment.--
          ``(1) In general.--The Secretary, through the program 
        established under subsection (a), shall conduct an ocean 
        acidification coastal community vulnerability assessment, and 
        issue a corresponding public report, which shall be updated at 
        least once every 7 years.
          ``(2) Requirements.--The assessment conducted under paragraph 
        (1) shall--
                  ``(A) identify the United States coastal communities, 
                including island communities, low-population rural 
                communities, and subsistence communities, that are most 
                dependent on coastal and ocean resources that may be 
                impacted by ocean acidification;
                  ``(B) assess the nature of the social and economic 
                vulnerabilities of those communities, including the 
                economic impact on local or regional commercial 
                fisheries and recreational opportunities;
                  ``(C) identify the ocean acidification impacts that 
                might harm those communities, including impacts from 
                changes in ocean and coastal marine resources that are 
                not managed by the Federal Government;
                  ``(D) identify key knowledge gaps where research 
                could be devoted to better understand the possible 
                impacts of ocean acidification on those communities, 
                the risks and threats facing those communities, and 
                possible adaptation strategies for those communities; 
                and
                  ``(E) be conducted in collaboration with experts, 
                indigenous knowledge groups, and stakeholders who are 
                familiar with the unique economic, social, ecological, 
                geographic, and resource concerns of coastal 
                communities in the United States, including 
                representatives of--
                          ``(i) the National Marine Fisheries Service 
                        and the Office for Coastal Management of the 
                        National Oceanic and Atmospheric 
                        Administration;
                          ``(ii) National Integrated Coastal and Ocean 
                        Observation System regional information 
                        coordination entities established under section 
                        12304(c)(4) of the Integrated Coastal and Ocean 
                        Observation System Act of 2009 (33 U.S.C. 
                        3603(c)(4));
                          ``(iii) regional ocean acidification 
                        networks; and
                          ``(iv) State sea grant programs (as defined 
                        in section 203 of the National Sea Grant 
                        College Program Act (33 U.S.C. 1122)).
  ``(c) Support for State and Local Vulnerability Assessments and 
Strategic Research Planning.--In carrying out the program established 
under subsection (a), the Secretary shall collaborate with State, 
local, and tribal government entities that are conducting or have 
completed vulnerability assessments, strategic research planning, or 
other similar activities related to ocean acidification and its impacts 
on coastal communities, for the purpose of--
          ``(1) determining whether such activities can be used as a 
        model for other communities; and
          ``(2) identifying opportunities for the National Oceanic and 
        Atmospheric Administration and other relevant Federal agencies 
        to support such activities.''.
  (b) Ongoing Input Mechanism.--Section 12404(b)(5) of the Federal 
Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 
3703(b)(5)) is amended--
          (1) by striking ``including information'' and inserting the 
        following: ``including--
                  ``(A) information'';
          (2) by striking the period at the end and inserting ``; 
        and''; and
          (3) by adding at the end the following:
                  ``(B) an ongoing mechanism that allows affected 
                industry members, coastal stakeholders, non-Federal 
                resource managers, community acidification networks, 
                indigenous knowledge groups, and scientific experts not 
                employed by the Federal Government to provide input on 
                research, data, and monitoring that is necessary to 
                support on-the-ground management, decisionmaking, and 
                adaptation related to ocean acidification and its 
                impacts.''.
  (c) 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 (b)--
                  (A) in paragraph (8), by striking ``and'' after the 
                semicolon;
                  (B) in paragraph (9), by striking the period at the 
                end and inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(10) make recommendations for research that should be 
        conducted, including in the social sciences and economics, to 
        address the key knowledge gaps identified in the community 
        vulnerability assessment report conducted under section 
        12406(b).''; and
          (2) in subsection (e), by inserting ``, tribal governments, 
        indigenous knowledge groups,'' after ``industry''.
  (d) Authorization of Appropriations.--Section 12409(a) of the Federal 
Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 
3708(a)) is amended to read as follows:
  ``(a) NOAA.--There are authorized to be appropriated to the National 
Oceanic and Atmospheric Administration to carry out the purposes of 
this subtitle $2,700,000 for each of fiscal years 2020 through 2024.''.
  (e) Report on Support for State and Local Vulnerability Assessments 
and Strategic Research Planning.--Not later than 180 days after the 
date of the enactment of this Act, the Administrator of the National 
Oceanic and Atmospheric Administration shall submit to Congress a 
report on the efforts of the National Oceanic and Atmospheric 
Administration to support State, local, and tribal community 
vulnerability assessments, strategic research and planning, and 
monitoring needs, pursuant to section 12406(c) of the Federal Ocean 
Acidification Research And Monitoring Act of 2009 (as added by 
subsection (a) of this section).

                        II. Purpose of the Bill

    The purpose of H.R. 1716, sponsored by Rep. Pingree, is to 
direct the National Oceanic and Atmospheric Administration 
(NOAA) to study the socioeconomic impacts of ocean 
acidification on coastal communities across the United States. 
The bill is cosponsored by Representatives Bonamici, Buchanan, 
Crist, Gabbard, Golden, Gonzalez-Colon, Huffman, King, Larsen, 
McGovern, Panetta, Rooney, Roybal-Allard, Thompson, Waltz, 
Wexton, and Young.

              III. Background and Need for the Legislation

    Ocean acidification is a global phenomenon of the gradual 
decrease in oceanic pH primarily from the absorption of excess 
carbon dioxide in the atmosphere. Under a higher emissions 
scenario, global mean surface acidity is expected to increase 
by 100-150 percent by the end of the century.\1\ However, 
acidification is occurring faster in some U.S. coastal regions 
as a result of upwelling of naturally low pH water (Pacific 
Northwest), changes in freshwater inputs (Gulf of Maine), and 
high nutrient inputs (for example, in agricultural 
watersheds).\2\
---------------------------------------------------------------------------
    \1\National Climate Assessment 4; Volume I; Ch. 13
    \2\NCA4; Volume I; Ch. 13
---------------------------------------------------------------------------
    Ocean acidification is a growing problem for coastal 
communities and economies that are dependent on ocean 
resources. Coastal economies contribute significantly to the 
nation's gross domestic product (GDP). According to NOAA, 
fourteen percent of U.S. counties that are adjacent to the 
coasts produce 45 percent of the nation's GDP, with nearly 
three million jobs directly dependent on ocean and coastal 
resources. Some coastal economies in the United States have 
already been negatively impacted by ocean acidification. One of 
the earliest examples was the near collapse of the Pacific 
Northwest shellfish hatchery industry in the mid-2000s. Low pH 
water was linked to mortality of shellfish larvae in the 
region, causing local commercial hatchery failures and 
associated major economic losses.\3\ The hatcheries have been 
able to improve shellfish growth by treating the water to raise 
the pH levels for the larvae.
---------------------------------------------------------------------------
    \3\Phys.org. December 16, 2014. ``Ocean acidification a culprit in 
commercial shellfish hatcheries' failures.'' https://phys.org/news/
2014-12-ocean-acidification-culprit-commercial-shellfish.html
---------------------------------------------------------------------------
    There is a growing need to understand the social and 
economic effects of ocean acidification in order to better help 
communities prepare and respond to it. Regions that are 
vulnerable to ocean acidification can be used to test 
adaptation and mitigation strategies to manage and adapt to 
ocean acidification.
    Recognizing this need, NOAA began funding regional 
vulnerability assessments for ocean acidification in the mid-
2010s and has thus far completed parts of assessments for 
several regions. However, NOAA does not have dedicated funds 
for vulnerability assessments, and the funds come out of the 
Ocean Acidification Program's limited programmatic funds. H.R. 
1716 would authorize and enhance NOAA's ocean acidification 
vulnerability assessments for low lying coastal communities, 
island communities, and other communities that that are most 
dependent on ocean and coastal resources and identify research 
gaps and socioeconomic impacts, in order to support resource 
managers and decision makers in developing adaptation and 
mitigation strategies.

                         IV. Committee Hearings

    For the purposes of section 103(i) of H.Res. 6 of the 116th 
Congress, the following hearings were used to develop the 
legislation:
    On March 7, 2019, the Honorable Lizzie Fletcher presiding 
over the Environment Subcommittee of the Committee on Science, 
Space, and Technology held a hearing focused on climate change 
impacts on our nation's oceans and coasts, where ocean 
acidification was discussed as a major associated impact. There 
were four witnesses: (1) Dr. Sarah Cooley, Director of the 
Ocean Acidification Program at Ocean Conservancy. Dr. Cooley 
provided testimony on the science of ocean warming, 
acidification, and deoxygenation and resulting impacts to 
marine ecosystems and humans. (2) Dr. Radley Horton, Lamont 
Associate Research Professor at Columbia University Earth 
Institute's Lamont-Doherty Earth Observatory. Dr. Horton 
testified on sea level rise projections and impacts to coastal 
communities. (3) Dr. Thomas K. Frazer, Professor and Director 
of the School of Natural Resources and Environment at the 
University of Florida. Dr. Frazer testified on the impacts of 
climate change to fisheries and the need for increased federal 
investment in research to promote adaptation and mitigation to 
those changes. (4) Ms. Margaret A. Pilaro, Executive Director 
of the Pacific Coast Shellfish Growers Association. Ms. Pilaro 
provided testimony on the impacts of ocean acidification and 
deoxygenation to shellfish hatcheries and strategies for how 
their industry has started to adapt.

                  V. Committee Consideration and Votes

    As summarized in Section IV of this report, the 
Subcommittee on Environment heard testimony in the 116th 
Congress relevant to the activities authorized in H.R. 1716 at 
a hearing held on February 27, 2019.
    On March 13, 2019, Representative Chellie Pingree, for 
herself and Representatives Rooney of Florida, Mr. Huffman of 
California, Ms. Bonamici of Oregon, Mr. King of New York, Mr. 
Young, and Mr. Thompson of California introduced H.R. 1716, the 
Coastal Communities Ocean Acidification Act of 2019, to direct 
the Secretary of Commerce, acting through the Administrator of 
the National Oceanic and Atmospheric Administration, to conduct 
coastal community vulnerability assessments related to ocean 
acidification, and for other purposes.
    On April 9, 2019, the Subcommittee on Environment met to 
consider H.R. 1716 and three other ocean acidification bills. 
There were no amendments offered to H.R. 1716.
    Ms. Fletcher moved that the Subcommittee favorably report 
H.R. 1716 to the Full Committee. The motion was agreed to by a 
voice vote.
    The Committee on Science, Space, and Technology met to 
consider H.R. 1716 on Wednesday, May 1, 2019 and considered the 
following amendments to the bill:
    1. Ms. Johnson offered an amendment in the nature of a 
substitute that strikes and replaces the bill with the entire 
text of the Senate companion, S. 778. The Senate bill, 
sponsored by Senator Murkowski, has a few technical differences 
from the original text of H.R. 1716. In addition, it includes 
references to tribal governments and adds three key expert 
groups to the list of entities required to participate in the 
regional vulnerability assessments.
    2. Ms. Gonzalez-Colon offered an amendment to include a 
state definition to clarify the inclusion of five U.S. 
territories in the bill. The amendment was agreed to by a voice 
vote.
    3. Ms. Wexton offered an amendment to add the economic 
impact on commercial fisheries and outdoor recreation to the 
assessment by NOAA on the vulnerabilities of communities 
affected by ocean acidification. The amendment was agreed to by 
a voice vote.
    4. Ms. Bonamici offered an amendment to provide NOAA with 
an increase in funding of $2.7 million annually above the 
current spending level for these studies, for the fiscal years 
2020 through 2024. The amendment was agreed to by a voice vote.
    Ms. Johnson moved that the Committee vote on the amendment 
in the nature of a substitute, with the inclusion of all the 
other amendments, which had all been agreed to. The substitute 
was adopted by a voice vote.
    Ms. Johnson moved that the Committee favorably report the 
bill, H.R. 1716, as amended, to the House with the 
recommendation that the bill be approved. The motion was agreed 
to by a voice vote.

              VI. Summary of Major Provisions of the Bill

    H.R. 1716 directs the National Oceanic and Atmospheric 
Administration (NOAA) to study the socioeconomic impacts of 
ocean acidification on coastal communities across the United 
States. The bill authorizes appropriations for NOAA of $2.7 
million annually for each of the fiscal years 2020 through 
2024.

        VII. Section-by-Section Analysis (By Title and Section)


Section 1. Short title

    Coastal Communities Ocean Acidification Act of 2019.

Section 2. Coastal community vulnerability assessment

    This section amends the Federal Ocean Acidification 
Research and Monitoring (FOARAM) Act of 2009 to require the 
Secretary of Commerce to conduct studies to identify which 
communities are most dependent on ocean resources and how ocean 
acidification would affect them. The community vulnerability 
assessment and corresponding public report must be updated at 
least once every seven years and must identify the coastal 
communities that are most dependent on coastal and ocean 
resources, ocean acidification impacts to those vulnerable 
communities, and key knowledge gaps and potential adaptation 
strategies, and involve collaboration with appropriate experts. 
NOAA is directed to collaborate with state and local 
governments that are already conducting vulnerability 
assessments or similar ocean acidification activities to 
identify opportunities for NOAA to support those efforts and 
potentially create a model for other communities.
    This section also creates a mechanism for affected coastal 
industries, resource managers, and other non-federal 
stakeholders to provide input on federal ocean acidification 
research and activities and requires NOAA to submit a report on 
its efforts to support community vulnerability assessments 180 
days after enactment of the bill.
    Finally, this section includes an authorization of 
appropriations of $2.7 million per year for each of the fiscal 
years 2020 through 2024 to carry out the provisions of this 
bill.

                         VIII. Committee Views

    Since the passage of the Federal Ocean Acidification 
Research and Monitoring Act (FOARAM) of 2009, the federal 
investment in ocean acidification research has led to 
substantial increases in our understanding of the chemical 
changes in the ocean from the absorption of excess 
anthropogenic carbon dioxide in the atmosphere and the 
resulting impacts on certain marine species. For example, it 
has been discovered that certain shelled and calcified marine 
organisms (i.e. oysters, clams, mussels, corals) are 
particularly sensitive to ocean acidification. However, the 
ecological and ecosystem impacts of ocean acidification are 
much less understood, and so, too, are the impacts on human 
communities that are dependent on ocean and coastal resources. 
The Committee views ocean acidification vulnerability 
assessments to be important synthesis documents on the 
projected impacts of ocean acidification to dependent human 
communities and provide decision support to help those 
communities adapt to changing conditions.
    Since its inception in 2009, the NOAA Ocean Acidification 
Program has been investing in research on the socioeconomic 
impacts of ocean acidification in certain regions of the United 
States, in addition to the underlying science of ocean 
acidification, including changes in chemical conditions and the 
response of species and ecosystems, in accordance with 
requirements under the FOARAM Act. The Committee views NOAA as 
the lead federal agency in ocean acidification research and 
believes that NOAA is ideally equipped with the tools and 
expertise to conduct these vulnerability assessments, and 
should do so in cooperation with state, local, and tribal 
governments and the appropriate experts. H.R. 1716 will support 
and enhance NOAA's current efforts to assess the socioeconomic 
impacts of ocean acidification. The Committee believes that 
these assessments will help vulnerable communities adapt to 
ocean acidification to prevent or minimize the negative 
economic effects on economically important fisheries, 
recreation, and other ocean-based aspects of coastal economies.
    The amendments offered and agreed to in the Full Committee 
markup were based on stakeholder feedback, including feedback 
from NOAA, after bill introduction. The Committee believes that 
these amendments make improvements to the bill, including 
offering an authorization of appropriation for the bill at a 
level that is above what NOAA currently spends on conducting 
vulnerability assessments. This amount will support and enhance 
NOAA's existing efforts and will lead to increased geographic 
coverage of vulnerability assessments.

                           IX. Cost Estimate

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.

              X. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 10, 2019.
Hon. Eddie Bernice Johnson,
Chairwoman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
    Dear Madam Chairwoman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1716, the Coastal 
Communities Ocean Acidification Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 1716 would authorize the appropriation of $2.7 million 
annually over the 2020-2024 period for the National Oceanic and 
Atmospheric Administration (NOAA) to implement its Ocean 
Acidification Program. The bill would require NOAA to:
           Assess coastal communities' vulnerability to 
        ocean acidification,
           Recommend research to address key knowledge 
        gaps in that assessment, and
           Allow citizens to provide input on ocean 
        acidification research, data, and monitoring.
    CBO estimates that implementing H.R. 1716 would cost $12 
million over the 2020-2024 period and $2 million after 2024, 
assuming appropriation of the authorized amounts. In 2019, NOAA 
allocated $12 million to the Ocean Acidification Program. The 
costs of the legislation, detailed in Table 1, fall into budget 
function 300 (natural resources and environment).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1716
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, millions of dollars--
                                                ----------------------------------------------------------------
                                                   2019     2020     2021     2022     2023     2024   2019-2024
----------------------------------------------------------------------------------------------------------------
Authorization..................................        0        3        3        3        3        3        14
Estimated Outlays..............................        0        2        2        3        3        3        12
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding.

    The CBO staff contact for this estimate is Robert Reese. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                     XI. Federal Mandates Statement

    H.R. 1716 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    The Committee's oversight findings and recommendations are 
reflected in the body of this report.

      XIII. Statement on General Performance Goals and Objectives

    The goals of H.R. 1716 are to require NOAA to conduct 
assessments of the socioeconomic impacts of ocean acidification 
on vulnerable coastal communities of the United States in order 
to improve understanding of impacts and help communities adapt 
to those changes. The bill has two reporting requirements: the 
first is a public report that is to be issued with the 
vulnerability assessments. The second is a report to Congress 
on the efforts of NOAA to support vulnerability assessments and 
strategic research planning.

               XIV. Federal Advisory Committee Statement

    H.R. 1716 does not create any advisory committees.

                  XV. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 1716 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XVI. Earmark Identification

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 1716 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

             XVII. Applicability to the Legislative Branch

    The Committee finds that H.R. 1716 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

     XVIII. Statement on Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any state, local, or 
tribal law.

       XIX. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

    FEDERAL OCEAN ACIDIFICATION RESEARCH AND MONITORING ACT OF 2009



           *       *       *       *       *       *       *
TITLE XII--NOAA UNDERSEA RESEARCH PROGRAM ACT OF 2009

           *       *       *       *       *       *       *


Subtitle D--Federal Ocean Acidification Research and Monitoring Act of 
2009

           *       *       *       *       *       *       *


SEC. 12403. DEFINITIONS.

  In this subtitle:
          (1) Ocean acidification.--The term ``ocean 
        acidification'' means the decrease in pH of the Earth's 
        oceans and changes in ocean chemistry caused by 
        chemical inputs from the atmosphere, including carbon 
        dioxide.
          (2) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce, acting through the Administrator 
        of the National Oceanic and Atmospheric Administration.
          (3) 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.
          [(3)] (4) Subcommittee.--The term ``Subcommittee'' 
        means the Joint Subcommittee on Ocean Science and 
        Technology of the National Science and Technology 
        Council.
          (5) United states.--The term ``United States'' means 
        the States, collectively.

SEC. 12404. INTERAGENCY SUBCOMMITTEE.

  (a) Designation.--
          (1) In general.--The Joint Subcommittee on Ocean 
        Science and Technology of the National Science and 
        Technology Council shall coordinate Federal activities 
        on ocean acidification and establish an interagency 
        working group.
          (2) Membership.--The interagency working group on 
        ocean acidification shall be comprised of senior 
        representatives from the National Oceanic and 
        Atmospheric Administration, the National Science 
        Foundation, the National Aeronautics and Space 
        Administration, the United States Geological Survey, 
        the United States Fish and Wildlife Service, and such 
        other Federal agencies as appropriate.
          (3) Chairman.--The interagency working group shall be 
        chaired by the representative from the National Oceanic 
        and Atmospheric Administration.
  (b) Duties.--The Subcommittee shall--
          (1) develop the strategic research and monitoring 
        plan to guide Federal research on ocean acidification 
        required under section 12405 of this subtitle and 
        oversee the implementation of the plan;
          (2) oversee the development of--
                  (A) an assessment of the potential impacts of 
                ocean acidification on marine organisms and 
                marine ecosystems; and
                  (B) adaptation and mitigation strategies to 
                conserve marine organisms and ecosystems 
                exposed to ocean acidification;
          (3) facilitate communication and outreach 
        opportunities with nongovernmental organizations and 
        members of the stakeholder community with interests in 
        marine resources;
          (4) coordinate the United States Federal research and 
        monitoring program with research and monitoring 
        programs and scientists from other nations; and
          (5) establish or designate an Ocean Acidification 
        Information Exchange to make information on ocean 
        acidification developed through or utilized by the 
        interagency ocean acidification program accessible 
        through electronic means, [including information] 
        including--
                  (A) information  which would be useful to 
                policymakers, researchers, and other 
                stakeholders in mitigating or adapting to the 
                impacts of ocean acidification[.]; and
                  (B) an ongoing mechanism that allows affected 
                industry members, coastal stakeholders, non-
                Federal resource managers, community 
                acidification networks, indigenous knowledge 
                groups, and scientific experts not employed by 
                the Federal Government to provide input on 
                research, data, and monitoring that is 
                necessary to support on-the-ground management, 
                decisionmaking, and adaptation related to ocean 
                acidification and its impacts.
  (c) Reports to Congress.--
          (1) Initial report.--Not later than 1 year after the 
        date of enactment of this Act, the Subcommittee shall 
        transmit a report to the Committee on Commerce, 
        Science, and Transportation of the Senate and the 
        Committee on Science and Technology and the Committee 
        on Natural Resources of the House of Representatives 
        that--
                  (A) includes a summary of federally funded 
                ocean acidification research and monitoring 
                activities, including the budget for each of 
                these activities; and
                  (B) describes the progress in developing the 
                plan required under section 12405 of this 
                subtitle.
          (2) Biennial Report.--Not later than 2 years after 
        the delivery of the initial report under paragraph (1) 
        and every 2 years thereafter, the Subcommittee shall 
        transmit a report to the Committee on Commerce, 
        Science, and Transportation of the Senate and the 
        Committee on Science and Technology and the Committee 
        on Natural Resources of the House of Representatives 
        that includes--
                  (A) a summary of federally funded ocean 
                acidification research and monitoring 
                activities, including the budget for each of 
                these activities; and
                  (B) an analysis of the progress made toward 
                achieving the goals and priorities for the 
                interagency research plan developed by the 
                Subcommittee under section 12405.
          (3) Strategic research plan.--Not later than 2 years 
        after the date of enactment of this Act, the 
        Subcommittee shall transmit the strategic research plan 
        developed under section 12405 to the Committee on 
        Commerce, Science, and Transportation of the Senate and 
        the Committee on Science and Technology and the 
        Committee on Natural Resources of the House of 
        Representatives. A revised plan shall be submitted at 
        least once every 5 years thereafter.

SEC. 12405. STRATEGIC RESEARCH PLAN.

  (a) In General.--Not later than 2 years after the date of 
enactment of this Act, the Subcommittee shall develop a 
strategic plan for Federal research and monitoring on ocean 
acidification that will provide for an assessment of the 
impacts of ocean acidification on marine organisms and marine 
ecosystems and the development of adaptation and mitigation 
strategies to conserve marine organisms and marine ecosystems. 
In developing the plan, the Subcommittee shall consider and use 
information, reports, and studies of ocean acidification that 
have identified research and monitoring needed to better 
understand ocean acidification and its potential impacts, and 
recommendations made by the National Academy of Sciences in the 
review of the plan required under subsection (d).
  (b) Contents of the Plan.--The plan shall--
          (1) provide for interdisciplinary research among the 
        ocean sciences, and coordinated research and activities 
        to improve the understanding of ocean chemistry that 
        will affect marine ecosystems;
          (2) establish, for the 10-year period beginning in 
        the year the plan is submitted, the goals and 
        priorities for Federal research and monitoring which 
        will--
                  (A) advance understanding of ocean 
                acidification and its physical, chemical, and 
                biological impacts on marine organisms and 
                marine ecosystems;
                  (B) improve the ability to assess the 
                socioeconomic impacts of ocean acidification; 
                and
                  (C) provide information for the development 
                of adaptation and mitigation strategies to 
                conserve marine organisms and marine 
                ecosystems;
          (3) describe specific activities, including--
                  (A) efforts to determine user needs;
                  (B) research activities;
                  (C) monitoring activities;
                  (D) technology and methods development;
                  (E) data collection;
                  (F) database development;
                  (G) modeling activities;
                  (H) assessment of ocean acidification 
                impacts; and
                  (I) participation in international research 
                efforts;
          (4) identify relevant programs and activities of the 
        Federal agencies that contribute to the interagency 
        program directly and indirectly and set forth the role 
        of each Federal agency in implementing the plan;
          (5) consider and utilize, as appropriate, reports and 
        studies conducted by Federal agencies, the National 
        Research Council, or other entities;
          (6) make recommendations for the coordination of the 
        ocean acidification research and monitoring activities 
        of the United States with such activities of other 
        nations and international organizations;
          (7) outline budget requirements for Federal ocean 
        acidification research and monitoring and assessment 
        activities to be conducted by each agency under the 
        plan;
          (8) identify the monitoring systems and sampling 
        programs currently employed in collecting data relevant 
        to ocean acidification and prioritize additional 
        monitoring systems that may be needed to ensure 
        adequate data collection and monitoring of ocean 
        acidification and its impacts; [and]
          (9) describe specific activities designed to 
        facilitate outreach and data and information exchange 
        with stakeholder communities[.]; and
          (10) make recommendations for research that should be 
        conducted, including in the social sciences and 
        economics, to address the key knowledge gaps identified 
        in the community vulnerability assessment report 
        conducted under section 12406(b).
  (c) Program Elements.--The plan shall include at a minimum 
the following program elements:
          (1) Monitoring of ocean chemistry and biological 
        impacts associated with ocean acidification at selected 
        coastal and open-ocean monitoring stations, including 
        satellite-based monitoring to characterize--
                  (A) marine ecosystems;
                  (B) changes in marine productivity; and
                  (C) changes in surface ocean chemistry.
          (2) Research to understand the species specific 
        physiological responses of marine organisms to ocean 
        acidification, impacts on marine food webs of ocean 
        acidification, and to develop environmental and 
        ecological indices that track marine ecosystem 
        responses to ocean acidification.
          (3) Modeling to predict changes in the ocean carbon 
        cycle as a function of carbon dioxide and atmosphere-
        induced changes in temperature, ocean circulation, 
        biogeochemistry, ecosystem and terrestrial input, and 
        modeling to determine impacts on marine ecosystems and 
        individual marine organisms.
          (4) Technology development and standardization of 
        carbonate chemistry measurements on moorings and 
        autonomous floats.
          (5) Assessment of socioeconomic impacts of ocean 
        acidification and development of adaptation and 
        mitigation strategies to conserve marine organisms and 
        marine ecosystems.
  (d) National Academy of Sciences Evaluation.--The Secretary 
shall enter into an agreement with the National Academy of 
Sciences to review the plan.
  (e) Public Participation.--In developing the plan, the 
Subcommittee shall consult with representatives of academic, 
State, industry, tribal governments, indigenous knowledge 
groups, and environmental groups. Not later than 90 days before 
the plan, or any revision thereof, is submitted to the 
Congress, the plan shall be published in the Federal Register 
for a public comment period of not less than 60 days.

SEC. 12406. NOAA OCEAN ACIDIFICATION ACTIVITIES.

  (a) In General.--The Secretary shall establish and maintain 
an ocean acidification program within the National Oceanic and 
Atmospheric Administration to conduct research, monitoring, and 
other activities consistent with the strategic research and 
implementation plan developed by the Subcommittee under section 
12405 that--
          (1) includes--
                  (A) interdisciplinary research among the 
                ocean and atmospheric sciences, and coordinated 
                research and activities to improve 
                understanding of ocean acidification;
                  (B) the establishment of a long-term 
                monitoring program of ocean acidification 
                utilizing existing global and national ocean 
                observing assets, and adding instrumentation 
                and sampling stations as appropriate to the 
                aims of the research program;
                  (C) research to identify and develop 
                adaptation strategies and techniques for 
                effectively conserving marine ecosystems as 
                they cope with increased ocean acidification;
                  (D) as an integral part of the research 
                programs described in this subtitle, 
                educational opportunities that encourage an 
                interdisciplinary and international approach to 
                exploring the impacts of ocean acidification;
                  (E) as an integral part of the research 
                programs described in this subtitle, national 
                public outreach activities to improve the 
                understanding of current scientific knowledge 
                of ocean acidification and its impacts on 
                marine resources; and
                  (F) coordination of ocean acidification 
                monitoring and impacts research with other 
                appropriate international ocean science bodies 
                such as the International Oceanographic 
                Commission, the International Council for the 
                Exploration of the Sea, the North Pacific 
                Marine Science Organization, and others;
          (2) provides grants for critical research projects 
        that explore the effects of ocean acidification on 
        ecosystems and the socioeconomic impacts of increased 
        ocean acidification that are relevant to the goals and 
        priorities of the strategic research plan; and
          (3) incorporates a competitive merit-based process 
        for awarding grants that may be conducted jointly with 
        other participating agencies or under the National 
        Oceanographic Partnership Program under section 8931 of 
        title 10, United States Code.
  (b) Community Vulnerability Assessment.--
          (1) In general.--The Secretary, through the program 
        established under subsection (a), shall conduct an 
        ocean acidification coastal community vulnerability 
        assessment, and issue a corresponding public report, 
        which shall be updated at least once every 7 years.
          (2) Requirements.--The assessment conducted under 
        paragraph (1) shall--
                  (A) identify the United States coastal 
                communities, including island communities, low-
                population rural communities, and subsistence 
                communities, that are most dependent on coastal 
                and ocean resources that may be impacted by 
                ocean acidification;
                  (B) assess the nature of the social and 
                economic vulnerabilities of those communities, 
                including the economic impact on local or 
                regional commercial fisheries and recreational 
                opportunities;
                  (C) identify the ocean acidification impacts 
                that might harm those communities, including 
                impacts from changes in ocean and coastal 
                marine resources that are not managed by the 
                Federal Government;
                  (D) identify key knowledge gaps where 
                research could be devoted to better understand 
                the possible impacts of ocean acidification on 
                those communities, the risks and threats facing 
                those communities, and possible adaptation 
                strategies for those communities; and
                  (E) be conducted in collaboration with 
                experts, indigenous knowledge groups, and 
                stakeholders who are familiar with the unique 
                economic, social, ecological, geographic, and 
                resource concerns of coastal communities in the 
                United States, including representatives of--
                          (i) the National Marine Fisheries 
                        Service and the Office for Coastal 
                        Management of the National Oceanic and 
                        Atmospheric Administration;
                          (ii) National Integrated Coastal and 
                        Ocean Observation System regional 
                        information coordination entities 
                        established under section 12304(c)(4) 
                        of the Integrated Coastal and Ocean 
                        Observation System Act of 2009 (33 
                        U.S.C. 3603(c)(4));
                          (iii) regional ocean acidification 
                        networks; and
                          (iv) State sea grant programs (as 
                        defined in section 203 of the National 
                        Sea Grant College Program Act (33 
                        U.S.C. 1122)).
  (c) Support for State and Local Vulnerability Assessments and 
Strategic Research Planning.--In carrying out the program 
established under subsection (a), the Secretary shall 
collaborate with State, local, and tribal government entities 
that are conducting or have completed vulnerability 
assessments, strategic research planning, or other similar 
activities related to ocean acidification and its impacts on 
coastal communities, for the purpose of--
          (1) determining whether such activities can be used 
        as a model for other communities; and
          (2) identifying opportunities for the National 
        Oceanic and Atmospheric Administration and other 
        relevant Federal agencies to support such activities.
  [(b)] (d) Additional Authority.--In conducting the Program, 
the Secretary may enter into and perform such contracts, 
leases, grants, or cooperative agreements as may be necessary 
to carry out the purposes of this subtitle on such terms as the 
Secretary considers appropriate.

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SEC. 12409. AUTHORIZATION OF APPROPRIATIONS.

  [(a) NOAA.--There are authorized to be appropriated to the 
National Oceanic and Atmospheric Administration to carry out 
the purposes of this subtitle--
          [(1) $8,000,000 for fiscal year 2009;
          [(2) $12,000,000 for fiscal year 2010;
          [(3) $15,000,000 for fiscal year 2011; and
          [(4) $20,000,000 for fiscal year 2012.]
  (a) NOAA.--There are authorized to be appropriated to the 
National Oceanic and Atmospheric Administration to carry out 
the purposes of this subtitle $2,700,000 for each of fiscal 
years 2020 through 2024.
  (b) NSF.--There are authorized to be appropriated to the 
National Science Foundation to carry out the purposes of this 
subtitle--
          (1) $6,000,000 for fiscal year 2009;
          (2) $8,000,000 for fiscal year 2010;
          (3) $12,000,000 for fiscal year 2011; and
          (4) $15,000,000 for fiscal year 2012.

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