89–006 

116TH CONGRESS REPT. 116–82 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

NATIONAL ESTUARIES AND ACIDIFICATION RESEARCH 

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. 988] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Science, Space, and Technology, to whom was 

referred the bill (H.R. 988) to provide for a study by the Ocean 

Studies Board of the National Academies of Science examining the 

impact of ocean acidification and other stressors in estuarine environments, having considered the same, report favorably thereon 

with amendments 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 ................................................................................... 3 

V. Committee Consideration and Votes ......................................................... 4 

VI. Summary of Major Provisions of the Bill .................................................. 4 

VII. Section-by-Section Analysis (By Title and Section) .................................. 5 

VIII. Committee Views ........................................................................................ 5 

IX. Cost Estimate .............................................................................................. 5 

X. Congressional Budget Office Cost Estimate ............................................. 6 

XI. Compliance with Public Law 104–4 (Unfunded Mandates) .................... 6 

XII. Committee Oversight Findings and Recommendations ........................... 7 

XIII. Statement on General Performance Goals and Objectives ...................... 7 

XIV. Federal Advisory Committee Statement ................................................... 7 

XV. Duplication of Federal Programs ............................................................... 7 

XVI. Earmark Identification ............................................................................... 7 

XVII. Applicability to the Legislative Branch ..................................................... 7 

XVIII. Statement on Preemption of State, Local, or Tribal Law ........................ 7 

XIX. Changes in Existing Law Made by the Bill, as Reported ........................ 7 

XX. Exchange of Committee Correspondence .................................................. 8 


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XXI. Proceedings of Subcommittee Markup ...................................................... 11 

XXII. Proceedings of Full Committee Markup .................................................... 27 

I. AMENDMENT

Strike all after the enacting clause and insert the following: 

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 ‘‘National Estuaries and Acidification Research Act 

of 2019’’ or the ‘‘NEAR Act of 2019’’. 

SEC. 2. FINDINGS. 

Congress finds the following: 

(1) Ocean acidification impacts human health, natural resources, and the environmental, economic, and recreational uses of the coastline. 

(2) The current understanding of ocean acidification impacts on estuarine ecosystems is inadequate to fully prepare and manage for changing environmental 

conditions in nearshore locations. 

(3) While pH can be measured with high precision and accuracy in open ocean 

environments, more understanding of the carbonate system in estuarine ecosystems is needed for precise and accurate measurements and observations. 

(4) The interaction of multiple stressors, including salinity, pH, temperature, 

sea level rise, and nutrient input, within estuarine ecosystems is inadequately 

understood for managing the health, economic, recreational, and environmental 

impacts driven by these interactions. 

(5) A better understanding is needed of how anthropogenic influences in 

coastal environments affect estuarine ecosystems. 

(6) More integration and coordination is needed among regional, national, and 

global environmental observations in estuarine environments, supporting prior 

investments in related topics such as nutrient loading, hypoxia, ocean acidification, and harmful algae bloom research and observational systems. 

SEC. 3. STUDY EXAMINING THE IMPACT OF OCEAN ACIDIFICATION AND OTHER ENVIRONMENTAL STRESSORS ON ESTUARINE ENVIRONMENTS. 

(a) IN GENERAL.—Not later than 60 days after the date of enactment of this Act, 

the Secretary of Commerce shall make appropriate arrangements with the Ocean 

Studies Board of the National Academies under which the Board shall conduct a 

study that— 

(1) examines the existing science of ocean acidification in estuarine environments; 

(2) examines the challenges to studying ocean acidification and ocean 

acidification’s interactions with other environment stressors in estuarine environments; 

(3) provides recommendations for improving future research with respect to 

ocean acidification in estuarine environments; and 

(4) identifies pathways for applying science in management and mitigation 

decisions relating to ocean acidification in estuarine environments. 

(b) CONTENTS OF STUDY.—The study described under subsection (a) shall include— 

(1) the behavior of the carbonate system within estuarine environments; 

(2) the interactions of the carbonate system with other biotic and abiotic characteristics of estuarine ecosystems; 

(3) how environmental and anthropogenic changes or disturbances could affect abiotic and biotic processes within estuaries; 

(4) how estuarine biotic and abiotic processes will be affected under predicted 

environmental changes; 

(5) the current state of data collection, interpretation, storage, and retrieval 

and observational infrastructure of abiotic and biotic parameters in estuarine 

ecosystems; 

(6) the gaps that exist in understanding the socio-economic and health impacts of ocean acidification in estuaries; 

(7) future directions for scientific research; and 

(8) pathways for applying science in management and mitigation decisions. 

(c) REPORT.—In entering into an arrangement under subsection (a), the Secretary 

shall request that the Board transmit to Congress a report on the results of the 

study not later than 24 months after the date of enactment of this Act. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

to carry out this section $1,000,000. 


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Amend the title so as to read: 

A bill to provide for a study by the National Academies of 

Sciences, Engineering, and Medicine examining the impact of ocean 

acidification and other stressors in estuarine environments. 

II. PURPOSE OF THE BILL

H.R. 988, sponsored by Rep. Posey, directs the Secretary of Commerce to work with the National Academies of Sciences, Engineering, and Medicine to produce a study on the impacts of ocean acidification and other environmental stressors on estuarine environments to improve our understanding of these impacts and inform 

management and mitigation decisions. The bill is cosponsored by 

Representatives Bonamici, Crist, and Mast. 

III. BACKGROUND AND NEED FOR THE LEGISLATION

Ocean acidification is the gradual decrease in oceanic pH due primarily to the absorption of excess atmospheric carbon dioxide by 

seawater. When carbon dioxide gas reacts with seawater, it lowers 

the pH, which raises the acidity. Acidification is occurring faster in 

some U.S. coastal regions as a result of local factors such as 

upwelling of naturally low pH water, changes in freshwater inputs, 

and high nutrient inputs. One coastal environment where the impacts of ocean acidification are less understood is in estuarine environments. 

Estuaries are ecologically and economically important brackish 

water ecosystems that typically occur where rivers meet the ocean. 

Estuaries are extremely productive ecosystems that host unique 

animal and plant communities. They provide many ecosystem services, such as water filtration, migration grounds for birds and nursery grounds for fish and other species, and they are important 

sources of food, jobs, and recreation for humans. Estuaries are delicate ecosystems and are sensitive to environmental and anthropogenic changes, such as nutrient and other types of pollution, sea 

level rise, increases in temperature, and ocean acidification. However, there is limited understanding of how ocean acidification and 

other stressors interact and impact estuaries. 

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 


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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. 988 at a hearing held on February 

27, 2019. 

On February 6, 2019, Representative Bill Posey of the Committee 

on Science, Space, and Technology, for himself and Representatives 

Bonamici and Mast introduced H.R. 988, National Estuaries and 

Acidification Research (NEAR) Act of 2019, to provide a study by 

the Ocean Studies Board of the National Academies of Science examining the impact of ocean acidification and other stressors in estuarine environments. 

On April 9, 2019, the Subcommittee on Environment met to consider H.R. 988 and three other ocean acidification bills. There were 

no amendments offered to H.R. 988. 

Ms. Fletcher moved that the Subcommittee favorably report H.R. 

988 to the Full Committee. The motion was agreed to by a voice 

vote. 

The Full Committee on Science, Space, and Technology met to 

consider H.R. 988 on Wednesday, May 1, 2019. 

1. Mr. Posey offered an amendment which modifies the bill according to recommendations from the National Academies of 

Science, Engineering, and Medicine. These recommendations suggested a different ordering of tasks in the study and that the bill 

not specify which board performs the study in its own facilities. 

The amendment also includes an authorized study cost of $1 million. The amendment was agreed to by a voice vote. 

Ms. Johnson moved that the Committee favorably report the bill, 

H.R. 988, 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

The National Estuaries and Acidification Research Act (H.R. 988) 

would provide for a study by the National Academies of Sciences, 

Engineering, and Medicine to examine the current science of ocean 

acidification impacts on estuarine environments, and provide recommendations for future scientific research, and pathways to apply 

science in management and mitigation decisions. The bill requires 

the National Academies to submit a report to Congress within 24 

months of the enactment of the bill, and authorizes appropriations 

for NOAA of $1.0 million to carry out the one-time study. 


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VII. SECTION-BY-SECTION ANALYSIS (BY TITLE AND SECTION) 

Section 1. Short title 

National Estuaries and Acidification Research (NEAR) Act of 

2019 

Section 2. Findings 

This section outlines the need for improved understanding of the 

effects of ocean acidification and other environmental stressors in 

estuaries as well as the need for a more coordinated research effort 

in estuaries. 

Section 3. Study examining the impact of ocean acidification and 

other environmental stressors on estuarine environments 

This section directs the Secretary of Commerce to work with the 

National Academies of Science to conduct a study on the impacts 

of ocean acidification and other environmental stressors in estuarine environments. The section outlines requirements for the contents of the study, including the current state of science on ocean 

acidification in estuarine environments, the effects of humancaused and environmental changes on biotic and abiotic processes 

in estuaries, the dynamics of the carbonate system of estuaries, 

and gaps in understanding of socioeconomic and health impacts of 

ocean acidification on estuaries. A report on the results of the 

study is to be sent to Congress no later than 24 months after enactment of the bill. 

VIII. COMMITTEE VIEWS

The Committee recognizes the unique and valuable nature of estuaries as grounds for birds, fish and other species, as well as important sources of food and recreation for humans. Because estuarine environments are very delicate, and provide robust ecosystem 

services, ocean acidification could have potentially devastating consequences on numerous animal and human communities that rely 

on estuaries. However, there is currently a lack of understanding 

of how ocean acidification, and other environmental stressors, impact estuarine environments. 

The Committee views a study conducted by the National Academies of Sciences, Engineering, and Medicine as a good step towards understanding how environmental stressors like ocean acidification could impact estuarine environments. The study would provide recommendations for future research opportunities as well as 

guidance on how to prepare for and adapt to changing environmental conditions. The amended version of H.R. 988 incorporates 

suggestions from the National Academies of Sciences, Engineering, 

and Medicine to provide a better flow of report contents and and 

authorizes appropriations to conduct the study. 

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 


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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 9, 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. 988, the NEAR 

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. 

H.R. 988 would authorize the appropriation of $1 million for the 

National Oceanic and Atmospheric Administration to contract with 

the National Academy of Sciences to report on the effects of ocean 

acidification in estuarine environments. The report would examine 

the challenges to studying ocean acidification, provide recommendations for improving future research, and identify ways to 

apply science while mitigating and managing ocean acidification in 

estuarine environments. The bill would require the report be completed within two years of enactment. 

Assuming appropriated funds are available, CBO estimates implementing H.R. 988 would cost $1 million. 

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. 988 contains no unfunded mandates. 


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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

Pursuant to clause (3)(c) of House rule XIII, the goal of H.R. 988 

is to direct the Secretary of Commerce to enter into an agreement 

with the National Academies of Sciences, Engineering, and Medicine to provide for a study that would assess the current state of 

science of ocean acidification impacts to estuaries, and provide recommendations for future research, and guidance on how to prepare 

for, and mitigate, currently changing environmental conditions in 

estuaries. The bill requires the final study be submitted to Congress within 24 months of enactment of this act. 

XIV. FEDERAL ADVISORY COMMITTEE STATEMENT

H.R. 988 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. 

988 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. 988 contains no earmarks, limited tax benefits, or 

limited tariff benefits. 

XVII. APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that H.R. 988 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

This legislation does not amend any existing Federal statute. 


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