69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–749 

FEDERAL OCEAN ACIDIFICATION RESEARCH AND 

MONITORING ACT OF 2008 

JULY 9, 2008.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. GORDON of Tennessee, from the Committee on Science and 

Technology, submitted the following 

R E P O R T 

[To accompany H.R. 4174] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Science and Technology, to whom was referred the bill (H.R. 4174) to establish an interagency committee to 

develop an ocean acidification research and monitoring plan and to 

establish an ocean acidification program within the National Oceanic and Atmospheric Administration, 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 ...................................................................................... 6 

III. Background and Need for the Legislation ................................................ 6 

IV. Hearing Summary ....................................................................................... 7 

V. Committee Actions ...................................................................................... 8 

VI. Summary of Major Provisions of the Bill, As Reported ........................... 10 

VII. Section-by-Section Analysis (by Title and Section), As Reported ............ 11 

VIII. Committee View .......................................................................................... 14 

IX. Cost Estimate .............................................................................................. 14 

X. Congressional Budget Office Cost Estimate ............................................. 15 

XI. Compliance with Public Law 104–4 .......................................................... 15 

XII. Committee Oversight Findings and Recommendations ........................... 15 

XIII. Statement on General Performance Goals and Objectives ...................... 16 

XIV. Constitutional Authority Statement .......................................................... 16 

XV. Federal Advisory Committee Statement ................................................... 16 

XVI. Congressional Accountability Act .............................................................. 16 

XVII. Earmark Identification ............................................................................... 16 

XVIII. Statement on Preemption of State, Local, or Tribal Law ........................ 16 

XIX. Changes in Existing Law Made by the Bill, as Reported ........................ 16 


yshivers on PROD1PC66 with HEARING
2 

XX. Committee Recommendations .................................................................... 16 

XXI. Proceedings of the Subcommittee Markup ................................................ 17 

XXII. Proceedings of the Full Committee Markup ............................................. 55 

XXIII. Exchange of Letters .................................................................................... 85 

I. AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Federal Ocean Acidification Research And Monitoring Act of 2008’’ or the ‘‘FOARAM Act’’. (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purposes. 

Sec. 3. Definitions. 

Sec. 4. Interagency subcommittee. 

Sec. 5. Strategic research plan. 

Sec. 6. NOAA ocean acidification activities. 

Sec. 7. NSF ocean acidification activities. 

Sec. 8. NASA ocean acidification activities. 

Sec. 9. Authorization of appropriations. 

SEC. 2. FINDINGS AND PURPOSES. 

(a) FINDINGS.—The Congress finds the following: 

(1) The oceans help regulate atmospheric chemistry by acting as the largest 

sink for carbon dioxide. 

(2) The rapid increase in atmospheric carbon dioxide is overwhelming the natural ability of the oceans to absorb this gas. 

(3) The influx of carbon dioxide into the atmosphere and the subsequent absorption by the oceans is changing surface ocean carbon chemistry and lowering 

the pH. These changes in ocean chemistry are detrimental to organisms including corals, which support one of the richest habitats on Earth, marine shellfish, 

and many other organisms that form the base of the food chain for many fish 

and marine mammals. 

(4) The rich biodiversity of marine organisms is an important contribution to 

the national economy and the change in ocean chemistry threatens tourism, our 

fisheries, and marine environmental quality, and could result in significant social and economic costs. 

(5) Existing Federal programs support research in related ocean chemistry, 

but gaps in funding, coordination, and outreach have impeded national progress 

in addressing ocean acidification. 

(6) National investment in a coordinated program of research and monitoring 

would improve the understanding of ocean acidification effects on whole ecosystems, advance our knowledge of the socioeconomic impacts of increased 

ocean acidification, and strengthen the ability of marine resource managers to 

assess and prepare for the harmful impacts of ocean acidification on our marine 

resources. 

(b) PURPOSES.—The purposes of this Act are to provide for—

(1) development and coordination of a comprehensive interagency plan to—

(A) monitor and conduct research on the processes and consequences of 

ocean acidification on marine organisms and ecosystems; and 

(B) establish an interagency research and monitoring program on ocean 

acidification; 

(2) assessment and consideration of regional and national ecosystem and socioeconomic impacts of increased ocean acidification; and 

(3) research on adaptation strategies and techniques for effectively conserving 

marine ecosystems as they cope with increased ocean acidification. 

SEC. 3. DEFINITIONS. 

In this Act: 

(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) SUBCOMMITTEE.—The term ‘‘Subcommittee’’ means the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council. 


yshivers on PROD1PC66 with HEARING
3 

SEC. 4. INTERAGENCY SUBCOMMITTEE. 

(a) DESIGNATION.—The Joint Subcommittee on Ocean Science and Technology of 

the National Science and Technology Council shall coordinate Federal activities on 

ocean acidification. 

(b) DUTIES.—The Subcommittee shall—

(1) develop the strategic research and monitoring plan to guide Federal research on ocean acidification required under section 5 of this Act 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 which would be useful to policymakers, researchers, and 

other stakeholders in mitigating or adapting to the impacts of ocean acidification. 

(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 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 

5 of this Act. 

(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 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 5. 

(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 5 to the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Science and Technology of 

the House of Representatives. A revised plan shall be submitted at least once 

every 5 years thereafter. 

SEC. 5. 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) 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; 


yshivers on PROD1PC66 with HEARING
4 

(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; 

(2) 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; 

(3) 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; 

(4) consider and utilize, as appropriate, reports and studies conducted by Federal agencies, the National Research Council, or other entities; 

(5) 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; 

(6) outline budget requirements for Federal ocean acidification research and 

monitoring and assessment activities to be conducted by each agency under the 

plan; 

(7) 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 

(8) describe specific activities designed to facilitate outreach and data and information exchange with stakeholder communities. 

(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 response 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 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. 6. NOAA OCEAN ACIDIFICATION ACTIVITIES. 

The Secretary shall conduct research and monitoring activities on ocean acidification within the National Oceanic and Atmospheric Administration consistent with 

the strategic research plan developed by the Subcommittee under section 5 that—

(1) includes—

(A) interdisciplinary research among the ocean and atmospheric sciences, 

and coordinated research and activities to improve understanding of ocean 

acidification; 


yshivers on PROD1PC66 with HEARING
5 

(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 Act, 

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 Act, 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 7901 of title 10, 

United States Code. 

SEC. 7. NSF OCEAN ACIDIFICATION ACTIVITIES. 

(a) RESEARCH ACTIVITIES.—The Director of the National Science Foundation shall 

continue to carry out research activities on ocean acidification which shall support 

competitive, merit-based, peer-reviewed proposals for research and monitoring of 

ocean acidification and its impacts, including—

(1) impacts on marine organisms and marine ecosystems; 

(2) impacts on ocean, coastal, and estuarine biogeochemistry; and 

(3) the development of methodologies and technologies to evaluate ocean 

acidification and its impacts. 

(b) CONSISTENCY.—The research activities shall be consistent with the strategic 

research plan developed by the Subcommittee under section 5. 

(c) COORDINATION.—The Director shall encourage coordination of the Foundation’s 

ocean acidification activities with such activities of other nations and international 

organizations. 

SEC. 8. NASA OCEAN ACIDIFICATION ACTIVITIES. 

(a) OCEAN ACIDIFICATION ACTIVITIES.—The Administrator of the National Aeronautics and Space Administration, in coordination with other relevant agencies, 

shall ensure that space-based monitoring assets are used in as productive a manner 

as possible for monitoring of ocean acidification and its impacts. 

(b) PROGRAM CONSISTENCY.—The Administrator shall ensure that the Agency’s research and monitoring activities on ocean acidification are carried out in a manner 

consistent with the strategic research plan developed by the Subcommittee under 

section 5. 

(c) COORDINATION.—The Administrator shall encourage coordination of the Agency’s ocean acidification activities with such activities of other nations and international organizations. 

SEC. 9. 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 Act—

(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. 

(b) NSF.—There are authorized to be appropriated to the National Science Foundation to carry out the purposes of this Act—

(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. 


yshivers on PROD1PC66 with HEARING
6 

1 Caldeira, K. and Wickett, ME. Nature, 2003. ‘‘Oceanography: Anthropogenic carbon and 

ocean pH’’ 2003 Sep 25: 425 (6956):365. 2Feely, Sabine et al. 2004. Impact of Anthropogenic CO2 on the CaCO3 System in the Oceans 

and The Oceanic Sink for Anthropogenic CO2. National Oceanic and Atmospheric Administration PMEL, Seattle,WA. Science, 305(5682), 362–366 (2004) and Science, 305(5682), 367–371 

(2004). 3 Ibid. 

II. PURPOSE OF THE BILL

The purpose of this bill is to establish an interagency committee 

to develop an ocean acidification research and monitoring plan and 

establish an ocean acidification program. 

III. BACKGROUND AND NEED FOR LEGISLATION

Over the past 200 years, human activities have contributed to increases in atmospheric carbon dioxide and other greenhouse gases. 

These emissions are altering the Earth’s climate and ocean carbon 

chemistry. Oceans are essential to maintaining a balance in the 

global carbon cycle by absorbing excess carbon dioxide. Approximately one half of the carbon dioxide released into the atmosphere 

since the start of the industrial revolution has been absorbed by 

the oceans, helping to mitigate the effects of global climate change. 

However, the increase in atmospheric carbon dioxide is causing 

changes in ocean carbon chemistry and pH. This disruption in 

ocean carbon chemistry causes the pH to decrease, a phenomenon 

identified as ocean acidification. 

Ocean hydrogen ion concentration (a measure of acidity) has increased 30 percent since pre-industrial times.1 2 Studies have also 

projected that by the end of the century carbon dioxide emission 

scenarios could result in the lowest levels of ocean pH in 20 million 

years.3 The potential impacts of ocean acidification are diverse and 

far-reaching, and may include adverse impacts on marine ecosystems, food webs for many fish and marine mammals, and the 

economies of many coastal states that rely upon the seafood industry and coastal and ocean tourism. Increasing acidity and changes 

in ocean chemistry have been shown to be corrosive to shell-forming plankton, a major food source for baleen whales and commercially important fish species such as salmon, mackerel, herring, 

cod, and others. Some studies have also suggested that ocean acidification could be detrimental to shellfish including scallops, clams, 

and lobsters. Evidence indicates that calcification rates will decrease and carbonate dissolution rates will increase for these calcifying organisms leaving them unable to compete ecologically, perhaps even threatening them to the point of extinction. 

Shallow water corals will probably face similar threats due to decreased growth rates and increased shell corrosion. Coral comprise 

some of the richest habitats on earth. According to NOAA, about 

4,000 species of fish, including approximately half of all federallymanaged fisheries, depend on coral reefs and related habitat for a 

portion of their life cycles, and they estimate that the value of U.S. 

fisheries from coral reefs exceeds $100 million. Juvenile fish may 

face physiological challenges including respiratory stress and acidosis associated with increased ocean acidification. Deep sea corals 

and other animals are also threatened by changes in ocean chemistry and may find parts of the deep ocean uninhabitable by the 

end of this century. 


yshivers on PROD1PC66 with HEARING
7 

4 National Science and Technology Council, Joint Subcommittee on Ocean Science and Technology. Charting the Course for Ocean Science in the United States for the Next Decade: An 

Ocean Research Priorities Plan and Implementation Strategy. January 26, 2007. Washington, 

DC. http://ocean.ceq.gov/about/supljsostlprioritiesplan.html. 

Ocean acidification is an emerging issue and scientific experts 

have testified to the need for increased research and monitoring. 

There is significant uncertainty as to the rate and magnitude of 

change that will occur in the ocean and as to what the full impacts 

to marine organisms and ecosystems will be. National investment 

in a coordinated program of research and monitoring will improve 

understanding of ecosystem responses, assess the socio-economic 

impacts due to increasing ocean acidification, and provide marine 

resource managers the information they need to develop strategies 

for the protection of critical species, habitats, and ecosystems. The 

Administration’s Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council highlighted 

ocean acidification as a research priority in their 2007 report, 

Charting the Course for Ocean Science in the United States for the 

Next Decade: An Ocean Research Priorities Plan and Implementation Strategy.4 The report explains that ocean acidification and 

other physical and biogeochemical changes may irreversibly alter 

ecosystems. Sustained ocean observations, process and applied research, and modeling are recommended in the report as necessary 

tools and research to help determine changes over time and to help 

identify and quantify ecosystem impacts. 

IV. HEARING SUMMARY

The Energy and Environment Subcommittee held a hearing in 

the 110th Congress on June 5, 2008 to hear testimony on H.R. 

4174, from the following witnesses: • Dr. Richard A. Feely, Supervisory Chemical Oceanographer, Pacific Marine Environmental Laboratory, National 

Oceanic and Atmospheric Administration 

• Dr. Joan Kleypas, Scientist, Institute for the Study of Society and Environment, National Center for Atmospheric Research 

• Dr. Scott Doney, Senior Scientist, Department of Marine 

Chemistry and Geochemistry, Woods Hole Oceanographic Institution 

• Dr. Ken Caldeira, Scientist, Department of Global Ecology, 

Carnegie Institution for Science of Washington 

• Mr. Brad Warren, Director, Productive Oceans Partnership 

Program, Sustainable Fisheries Partnership 

The hearing focused on the legislation to establish an interagency committee to develop an ocean acidification research and 

monitoring plan and establish an ocean acidification program within the National Oceanic and Atmospheric Administration (NOAA). 

During the hearing, the witnesses discussed the current status 

of federal research and monitoring activities focused on ocean acidification and its potential impacts on marine organisms and marine 

ecosystems. 

Dr. Feely discussed the quantification of oceanic uptake of carbon 

dioxide and NOAA’s current monitoring program, as well as the 

major research issues to be addressed including the relationship 

between the ocean acidification process and carbon cycling procVerDate Aug 31 2005 08:17 Jul 10, 2008 Jkt 069006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR749.XXX HR749

yshivers on PROD1PC66 with HEARING
8 

esses in the ocean. Dr. Kleypas discussed the impacts of ocean 

acidification on marine life and marine ecosystems, particularly on 

coral reef ecosystems. Dr. Doney discussed the gaps in our understanding of ocean acidification and the implications of ocean acidification for marine resource management. Dr. Doney also expressed 

concerns about the definition of ocean acidification used in the legislation. These concerns were echoed by the other scientists on the 

panel. He suggested the definition in the bill be expanded from 

simply reduced pH to incorporate the full suite of changes in ocean 

chemistry arising from increased carbon dioxide. He also discussed 

current interagency efforts and federal programs addressing ocean 

acidification. He stressed the redundancy in establishing a new 

interagency infrastructure and recommended using the existing 

interagency committees to guide federal program development. 

This recommendation was echoed by other witnesses on the panel 

also. 

Dr. Caldeira discussed the ongoing changes in the global carbon 

cycle and its relationship to ocean acidification including the research and modeling efforts needed to better understand ocean 

acidification and to project its impacts and develop strategies for 

adaptation and mitigation. 

Mr. Warren represented the Sustainable Fisheries Partnership 

that provides policy and technical guidance to seafood suppliers 

and producers. The Productive Oceans Partnership Program was 

formed to address the issue of ocean acidification. Mr. Warren discussed the potential impacts of ocean acidification on the world 

seafood industry and the steps the Partnership is recommending to 

deal with the problem of ocean acidification. Mr. Warren expressed 

concern that funding for ocean acidification work be supported 

through new funding and not by redirecting funds from other vital 

NOAA programs. 

V. SUMMARY OF COMMITTEE ACTIONS

On November 14, 2007, Representative Tom Allen of Maine, for 

himself and Representatives Inslee, Gilchrest, Baird, Ehlers, 

Bordallo, Holt, Olver, Delahunt, Klein of Florida, Ruppersberger 

and Christensen introduced H.R. 4174, the Federal Ocean Acidification Research and Monitoring Act of 2007, which was referred to 

the Committee on Science and Technology. 

In the 110th Congress, the Subcommittee on Energy and Environment met to consider H.R. 4174 on June 18, 2008, as introduced. Rep. Brian Baird of Washington and Rep. Bob Inglis of 

South Carolina offered an amendment-in-the-nature-of-a-substitute. 

The amendment-in-the-nature-of-a-substitute designates the 

Joint Subcommittee on Ocean Science and Technology (JSOST) of 

the National Science and Technology Council as the coordinating 

body for federal activities on ocean acidification. The amendment 

directs JSOST to facilitate communication with individuals and 

non-governmental organizations with interests in marine resources 

in the development and implementation of the strategic research 

plan. The amendment also directs JSOST to coordinate U.S. programs on ocean acidification with international partners. The 

amendment shortens the time to produce the strategic plan to one 

year and added a requirement for review of the plan by the NaVerDate Aug 31 2005 08:17 Jul 10, 2008 Jkt 069006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR749.XXX HR749

yshivers on PROD1PC66 with HEARING
9 

tional Academy of Sciences and a requirement to obtain public comments on the plan. The amendment expanded the definition of 

ocean acidification. The amendment also shortened the authorization period of the bill to four years. 

The amendment was adopted by voice vote. 

Rep. Baird moved that the Subcommittee favorably report the 

bill, H.R. 4174, as amended, to the Full Committee on Science and 

Technology. The motion was agreed to by a voice vote. 

The Committee on Science and Technology met on June 25, 2008, 

to consider H.R. 4174 as reported by the Subcommittee. Rep. Brian 

Baird of Washington and Rep. Bob Inglis of South Carolina offered 

a manager’s amendment. 

The manager’s amendment offered by Mr. Baird and Mr. Inglis 

would amend the Act by altering the purpose of the bill to establish 

an interagency research and monitoring program, not simply to establish a program at NOAA. The amendment also eliminates the 

definition of program. The amendment adds two new sections to 

the legislation to authorize ocean acidification activities at the National Science Foundation and the National Aeronautics and Space 

Administration. The amendment also makes an adjustment to the 

reporting requirements of the bill by increasing the time for providing the strategic research and monitoring plan by one year. The 

amendment requires the strategic research and monitoring plan to 

be revised every five years. The amendment directs JSOST to establish a single, web-based portal for information on ocean acidification. The bill authorizes funds for NOAA and NSF over a four 

year period. 

The amendment was adopted by voice vote. 

Mr. Baird moved that the Committee favorably report the bill, 

H.R. 4174, to the House, as amended. The motion was agreed to 

by a voice vote. 

VI. SUMMARY OF MAJOR PROVISIONS AS REPORTED

H.R. 4174, the Federal Ocean Acidification Research and Monitoring Act of 2008, as amended, establishes an interagency program to develop and coordinate a comprehensive plan to better understand and address the impacts of ocean acidification, to provide 

for assessment of ecosystem and socioeconomic impacts of ocean 

acidification and to provide for research on adaptation strategies to 

conserve marine ecosystems. 

Section 3 of the bill defines ocean acidification, the Secretary as 

the Secretary of Commerce and the Subcommittee as the Joint 

Subcommittee on Ocean Science and Technology (JSOST). Section 

4 of the bill designates JSOST as the coordinating body for interagency activities on ocean acidification, defines the duties of 

JSOST, and directs JSOST to provide three reports to Congress including a strategic research plan for the interagency program on 

ocean acidification. The bill directs JSOST to establish a single, 

web-based portal for information on ocean acidification. The 

amendment also requires JSOST to involve the extramural ocean 

community in the development of the plan, including universities, 

states, industry and environmental groups. Section 5 of the bill 

outlines the contents of the strategic research and monitoring plan 

and the elements of the interagency program on ocean acidification. 

The bill requires an evaluation of the plan by the National AcadVerDate Aug 31 2005 08:17 Jul 10, 2008 Jkt 069006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR749.XXX HR749

yshivers on PROD1PC66 with HEARING
10 

emy of Sciences and the plan to be available for public comment. 

Section 6 requires the Secretary to carry out a number of activities 

on ocean acidification that are consistent with the strategic plan. 

The amended bill adds two new sections to the legislation to authorize ocean acidification activities at the National Science Foundation and the National Aeronautics and Space Administration. 

The bill authorizes funds for NOAA and NSF over a four year period. 

VII. SECTION-BY-SECTION ANALYSIS OF THE BILL AS REPORTED

Section 1. Short title and table of contents 

Provides the short title of the legislation: The Federal Ocean 

Acidification Research and Monitoring Act of 2008 

Section 2. Findings and purposes 

Designates the purposes of the legislation: to provide for development of an interagency monitoring and research plan; establishment of an interagency research and monitoring program on ocean 

acidification; assessment of the impacts of ocean acidification; and 

research on adaptation strategies. 

Section 3. Definitions 

Defines the terms Ocean Acidification, Secretary, and Subcommittee 

Section 4. Interagency subcommittee 

Designates the existing Joint Subcommittee on Ocean Science 

and Technology (JSOST) of the National Science and Technology 

Council as the coordinating body for federal activities on ocean 

acidification. The section directs JSOST to develop a strategic plan 

to coordinate federal efforts to understand ocean acidification and 

its potential impacts on marine ecosystems and to develop adaptive 

strategies to conserve marine organisms and marine ecosystems. 

Requires an initial report to Congress within 1 year after enactment and every two years thereafter of the progress of research 

and monitoring activities and recommendations for addressing impacts of ocean acidification. 

Section 5. Strategic research plan 

Directs JSOST to develop a strategic research plan for coordinated federal activities within 2 years of enactment. Establishes 

contents of the plan to be included in the interagency program and 

requires the plan to include specific activities, goals and priorities 

for coordinated research over a 10–year period, to outline activities 

to facilitate international cooperation and outreach and data exchanges with stakeholders. Requires the strategic research plan to 

be revised and updated every 5 years. Directs JSOST to consider 

and utilize other relevant reports and studies in developing the research plan, allow a National Academy of Sciences review, and a 

public comment period. 

Section 6. NOAA ocean acidification activities 

Directs the Secretary to conduct research and monitoring activities on ocean acidification within NOAA consistent with the straVerDate Aug 31 2005 08:17 Jul 10, 2008 Jkt 069006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR749.XXX HR749

yshivers on PROD1PC66 with HEARING
11 

tegic research plan. Requires the agency to provide grants through 

a competitive, merit-based process that can be done jointly with 

other participating agencies. 

Section 7. NSF ocean acidification Activities 

Directs the Director to continue research activities on ocean 

acidification that support competitive, merit-based, peer-reviewed 

proposals consistent with the strategic research plan. Also encourages the Director to coordinate activities with international efforts. 

Section 8. NASA ocean acidification activities 

Directs the Administrator to ensure that space-based monitoring 

assets are used for monitoring ocean acidification consistent with 

the strategic research plan. Also encourages the Administration to 

coordinate activities with international efforts. 

Section 9. Authorization of appropriations 

Authorizes appropriations to NOAA that escalate each year be- ginning in fiscal year 2009 at a funding level of $8 million through 

fiscal year 2012 when the funding level reaches $20 million. Also 

authorizes appropriations to NSF that escalate each year beginning 

in fiscal year 2009 at a funding level of $6 million through fiscal 

year 2012 when the funding level reaches $15 million. 

VIII. COMMITTEE VIEWS

H.R. 4174, the Federal Ocean Acidification Research and Monitoring Act of 2008, as amended, will help build a strong federal 

interagency research and monitoring program on ocean acidification. The Committee believes ocean acidification is a potentially serious problem from both ecological and economic viewpoints. The 

Committee believes increased federal research, monitoring and assessment of this phenomenon are needed to determine the true 

scope of this problem and to develop adaptation and mitigation 

strategies to address negative consequences of ocean acidification. 

The Committee believes the existing Joint Subcommittee on 

Ocean Science and Technology (JSOST) of the National Science and 

Technology Council should serve as the coordinating body for the 

federal interagency effort on ocean acidification. JSOST is cochaired by the National Oceanic and Atmospheric Administration 

(NOAA), the National Science Foundation (NSF), and the Office of 

Science and Technology Policy (OSTP). The membership of JSOST 

includes all federal agencies with expertise and programs in ocean 

sciences and ocean resource management. JSOST was established 

to coordinate federal ocean science and technology efforts to improve prediction and forecasting of ocean phenomena in addition to 

other functions related to developing and applying new knowledge 

and technology to managing marine resources. The Committee 

agreed strongly with witnesses who testified at the hearing before 

the Subcommittee on Energy and Environment that a new interagency structure was not necessary to guide the development of an 

expanded federal effort on ocean acidification. 

The Committee believes the National Oceanic and Atmospheric 

Administration (NOAA), as a co-chair of the JSOST and as the only 

co-chair with substantial in-house expertise, programs, and statutory responsibilities for management of ocean and coastal reVerDate Aug 31 2005 08:17 Jul 10, 2008 Jkt 069006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR749.XXX HR749

yshivers on PROD1PC66 with HEARING
12 

5Kleypas, J.A.; R.A. Feely; V.J. Fabry; C. Langdon; C.L. Sabine; and L.L. Robbins. 2006. Impacts of Ocean Acidification on Coral Reefs and Other Marine Calcifiers: A Guide for Future 

Research. A report from a workshop sponsored by the National Science Foundation, the National 

Oceanic and Atmospheric Administration, and the U.S. Geological Survey. 89 pp. 6Ocean Carbon and Biogeochemistry Scoping Workshop on Ocean Acidification Research. 

www.whoi.edu/sites/OceanAcidificationMeeting; Ocean Carbon and Biogeochemistry program 

with support from the National Science Foundation, National Oceanic and Atmospheric Administration, NASA, US Geological Survey, and Scripps Institution of Oceanography. 9–11 October 

2007. 

sources, is the Agency best positioned to lead the federal interagency effort on ocean acidification. Although the Committee believes the federal interagency effort should be led by NOAA, it 

should include participation by National Science Foundation (NSF), 

the National Aeronautics and Space Administration (NASA), the 

Department of Energy, the U.S. Geological Survey (USGS), and the 

other federal agencies that are members of the Joint Subcommittee 

on Ocean Science and Technology (JSOST). These other participating agencies must be full partners with NOAA in this effort to 

ensure that we have a comprehensive program of research, monitoring, technology development and assessment. The research and 

monitoring program led by NOAA will benefit from the additional 

resources the other participating agencies provide thus 

supplementing the effort to address the challenge posed by ocean 

acidification. 

The Committee also believes that international cooperation is essential to better understanding ocean acidification and its impacts. 

The Committee recognizes that oceans are a global resource, and 

that many other nations are dependent upon the oceans for food 

and commerce. An internationally coordinated effort to monitor and 

assess the impacts of ocean acidification on marine resources appears to be the most practical and cost-effective way to expand our 

knowledge of this phenomenon. The Committee is aware that a 

number of activities are already underway in partnership with 

other nations and the Committee strongly encourages all relevant 

federal agencies to expand these cooperative efforts to leverage the 

financial, technical, and human resources that are applied to this 

problem. 

The Committee believes that JSOST will be able to complete a 

draft of the strategic research and monitoring plan very quickly because much of the work toward development of the plan has been 

completed recently. The Committee expects JSOST to avoid duplication of effort and to expedite the development of the strategic 

plan required in Section 5 of the bill by utilizing information from 

the workshop held in 2005 in St. Petersburg, FL5 and the 2007 

planning workshop in La Jolla, CA hosted by the U.S. Ocean Carbon and Biogeochemistry Program of NSF and co-sponsored by 

NOAA and NASA6 as well as information emerging from the current project underway by the Ocean Studies Board of the National 

Academy of Sciences, Processes and Implications of Ocean Acidification. The Committee believes the strategic plan could be completed within a year or less and submitted to the National Academy of Sciences for review. The Committee also encourages JSOST 

to establish ongoing communications with all members of the community with an interest in ocean and coastal resources including 

state, territorial, tribal, and local governments; the commercial and 

recreational fishing communities; the environmental community, 


yshivers on PROD1PC66 with HEARING
13 

and any other individual stakeholders or groups to ensure the plan 

will meet their needs for information on ocean acidification. 

The strategic research and monitoring plan mandated by the bill 

will include plans for providing information to facilitate the development of adaptation and mitigation strategies to conserve marine 

organisms and ecosystems. The Committee also intends the plan to 

outline the research necessary to provide information for assessing 

the potential impacts to marine organisms and ecosystems. The 

Committee recognizes the research and monitoring necessary to assess impacts is incomplete at this time, and that we do not yet 

have information that can be used to develop adaptation and mitigation strategies. Therefore, the Committee did not require an assessment to be produced within a defined time period in this bill. 

The Committee strongly believes the research and monitoring program should be focused on developing the information needed to 

conduct assessments and to develop adaptation and mitigation 

strategies. The Committee believes these products will be needed 

in the future and the stakeholder community anticipates the research and information generated by this program will be of use to 

them in maintaining the resource base they rely upon. 

The Committee recognizes that monitoring is an essential component of a federal ocean acidification program. The Committee encourages participating agencies to utilize existing platforms, surveys, and other monitoring networks to obtain information on 

ocean acidification as appropriate. The Committee encourages the 

agencies to develop technologies that can be added onto existing 

data collection networks when possible. The Committee also encourages NOAA to coordinate with international partners in the development of a global monitoring network. 

The Committee did not mandate that NOAA establish a program 

on ocean acidification in Section 6 of the legislation. However, the 

Committee did mandate that the Agency conduct a number of specific activities on ocean acidification. The Committee believes the 

Agency should expand their existing efforts on ocean acidification 

and has increased the authorization to NOAA for these activities. 

The Committee recognizes there are many activities being pursued 

within existing NOAA programs and in different line offices that 

are necessary to expanding our knowledge of ocean acidification. 

The Committee asserts that the Agency has the discretion to establish a program on ocean acidification if the Agency determines the 

formation of a program is an effective mechanism to organize resources to achieve greater progress in understanding, observing, 

adapting or mitigating the impacts of ocean acidification. 

The Committee believes NSF’s role in funding extramural basic 

research is essential to support the participation of the academic 

research community in ocean acidification monitoring and research 

and to understand its impacts on marine organisms and marine 

ecosystems. The Committee recognizes that NSF currently supports 

individual research projects, workshops and development and deployment of monitoring technologies on ocean acidification. The 

Committee also understands the funding for work on ocean acidification is distributed among several directorates and programs at 

NSF. The Committee encourages NSF to coordinate these efforts to 

facilitate support for the wide range of research needed to better 

understand and monitor ocean acidification. 


yshivers on PROD1PC66 with HEARING
14 

The Committee also believes NASA plays an essential role in 

monitoring ocean acidification and its impacts through their earth 

sciences program. The use of space-based technologies to monitor 

impacts of ocean acidification has the potential to enhance the utility of information gathered using ship-based surveys or buoy networks and to provide real-time, global data on ocean phenomena. 

The Committee recognizes the ocean community is recommending much higher levels of funding than are authorized in this 

legislation. The authorization levels included in the bill provide for 

modest increases in funding for research and monitoring of ocean 

acidification at NOAA and NSF over the next few years. The Committee believes these funding increases are achievable without taxing other important research, monitoring, or survey work being 

done by NOAA or other federal agencies. The Committee believes 

new funding is required to support this work. The Committee has 

directed JSOST to provide recommendations for funding of activities on ocean acidification at each agency necessary to carry out the 

work recommended in the strategic plan. 

IX. COST ESTIMATE

A cost estimate and comparison prepared by the Director of the 

Congressional Budget Office under section 402 of the Congressional 

Budget Act of 1974 has been timely submitted to the Committee on 

Science and Technology prior to the filing of this report and is included in section XI of this report pursuant to House rule XIII, 

clause 3(c)(3). 

H.R. 4174 does not contain new budget authority, credit authority, or changes in revenues or tax expenditures. Assuming that the 

sums authorized under the bill are appropriated, H.R. 4174 does 

authorize additional discretionary spending, as described in the 

Congressional Budget Office report on the bill, which is contained 

in section XI of this report. 

X. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

H.R. 4174—FOARAM Act 

As ordered reported by the House Committee on Science and 

Technology on June 25, 2008 

Summary: H.R. 4174 would authorize appropriations totaling $96 

million over the 2009–2012 period for the National Oceanic and Atmospheric Administration (NOAA) and the National Science Foundation (NSF) to conduct research and monitor ocean acidification. 

Assuming the appropriation of the specified amounts, CBO estimates that implementing H.R. 4174 would cost $82 million over the 

2009–2013 period and $14 million thereafter. Enacting this legislation would not affect direct spending or revenues. 

H.R. 4174 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 4174 is shown in the following table. The cost 

of this legislation falls within budget functions 250 (general 

science, space, and technology) and 300 (natural resources and environment). 


yshivers on PROD1PC66 with HEARING
15 

By fiscal year, in millions of dollars— 

2009 2010 2011 2012 2013 2009– 

2013 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

NOAA Research and Monitoring: 

Authorization Level .................................................. 8 12 15 20 0 55 

Estimated Outlays ................................................... 5 9 13 17 6 50 

NSF Research: 

Authorization Level .................................................. 6 8 12 15 0 41 

Estimated Outlays ................................................... 1 4 7 10 10 32 

Total Proposed Changes: 

Authorization Level ......................................... 14 20 27 35 0 96 

Estimated Outlays .......................................... 6 13 20 27 16 82 

Basis of estimate: H.R. 4174 would authorize appropriations totaling $96 million over the 2009–2012 period for NOAA and NSF 

to conduct research and public outreach on ocean acidification and 

its impact on marine resources. Such funding also would be used 

by NOAA to conduct long-term monitoring. CBO estimates that, 

under its current authority, NOAA will spend about $5 million for 

those activities in 2008. 

Based on historical spending patterns for research conducted by 

NOAA and NSF, CBO estimates that implementing H.R. 4174 

would cost $82 million over the 2009–2013 period and $14 million 

thereafter. This estimate assumes that the bill will be enacted by 

the beginning of 2009 and that the amounts authorized by the bill 

will be appropriated for each year. 

Intergovernmental and private-sector impact: H.R. 4174 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. 

Previous CBO estimates: On March 3, 2008, CBO transmitted a 

cost estimate for S. 1581, the FOARAM Act, as ordered reported by 

the Senate Committee on Commerce, Science, and Transportation 

on December 4, 2007. That legislation authorized the appropriation 

of $4 million more than the amounts authorized by H.R. 4174, resulting in an additional cost of $2 million over the 2009–2013 period, CBO estimates. 

Estimate prepared by: Federal Costs: Daniel Hoople; Impact on 

State, Local, and Tribal Governments: Neil Hood; Impact on the 

Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

XI. COMPLIANCE WITH PUBLIC LAW 104–4

H.R. 4174 contains no unfunded mandates. 

XII. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

The oversight findings and recommendations of the Committee 

on Science and Technology 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. 

4174 is to establish an interagency committee to develop an ocean 

acidification research and monitoring plan and establish an ocean 

acidification program. 


yshivers on PROD1PC66 with HEARING
16 

XIV. CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact H.R. 4174. 

XV. FEDERAL ADVISORY COMMITTEE STATEMENT

H.R. 4174 does not establish nor authorize the establishment of 

any advisory committee. 

XVI. CONGRESSIONAL ACCOUNTABILITY ACT

The Committee finds that H.R. 4174 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). 

XVII. EARMARK IDENTIFICATION

H.R. 4174 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e), 

or 9(f) of rule XXI. 

XIII. 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

H.R. 4174, as reported, makes no changes in existing law. 

XX. COMMITTEE RECOMMENDATIONS

On June 25, 2008, the Committee on Science and Technology favorably reported H.R. 4174, as amended, by a voice vote and recommended its passage by the House of Representatives. 


yshivers on PROD1PC66 with HEARING
(17) 

XXI. PROCEEDINGS OF THE MARKUP BY THE 

SUBCOMMITTEE ON ENERGY AND ENVIRONMENT ON H.R. 4174, THE FEDERAL OCEAN 

ACIDIFICATION RESEARCH AND MONITORING ACT OF 2007 

WEDNESDAY, JUNE 18, 2008 

HOUSE OF REPRESENTATIVES, 

SUBCOMMITTEE ON ENERGY AND ENVIRONMENT, 

COMMITTEE ON SCIENCE, 

Washington, DC. 

The Subcommittee met, pursuant to call, at 10:05 a.m., in Room 

2318 of the Rayburn House Office Building, Hon. Nick Lampson 

[Chairman of the Subcommittee] presiding. 

Chairman LAMPSON. Good morning. This Subcommittee on Energy and Environment will come to order. Pursuant to notice, the 

Subcommittee on Energy and Environment meets to consider the 

following measures: H.R. 4174, Federal Ocean Acidification Research and Monitoring Act of 2007, H.R. 5618, National Sea Grant 

College Program Amendments Act of 2008, and a bill to establish 

a research, development, demonstration and commercial application program to promote research of appropriate technologies for 

heavy-duty plug-in hybrid vehicles and for other purposes. 

We will now proceed with the markup. Beginning with the opening statements, I will begin. 

Today the Subcommittee will consider three good bills. 

The first is H.R. 4174, the Federal Ocean Acidification Research 

and Monitoring Act. This bill establishes an interagency ocean 

acidification research and monitoring program. H.R. 4174 was introduced by our colleague from Maine, Congressman Tom Allen, 

and is sponsored by a Member of this Subcommittee, Mr. Baird. 

On June 5th we heard from a panel of experts on ocean and atmospheric sciences testify in strong support of this legislation. The 

bill authorizes the formation of an interagency research and monitoring program to better understand ocean acidification and its potential impacts on marine organisms and marine ecosystems. 

The second bill we will is consider is H.R. 5618, the National Sea 

Grant College Program Amendments Act. H.R. 5618 was introduced 

by Congresswoman Bordallo, Chair of the Committee on Natural 

Resources, Subcommittee on Fisheries, Wildlife, and Oceans. This 

bill reauthorizes and amends the National Sea Grant College Program Act to implement changes in the program recommended by 

the National Academies of Science. 


yshivers on PROD1PC66 with HEARING
18 

The National Sea Grant College Program was last reauthorized 

in 2002. It is a partnership between states and the Federal Government to promote understanding, conservation, and management of 

our ocean, coastal, and Great Lakes resources. Sea Grants research, education, and extension programs have been very effective 

in training future scientists and resource managers, generating information to support sound resource management, and delivering 

applied research results to the people who rely on our coastal areas 

and Great Lakes for their livelihoods. 

Finally, the Subcommittee will consider draft legislation authored by Mr. Sensenbrenner, Ranking Member of the Investigations and Oversight Subcommittee, to enhance the Department of 

Energy’s research program in heavy-duty hybrid trucks. 

Mr. Sensenbrenner does not sit on this subcommittee, and thus 

will not be joining us today. I understand that the manager’s 

amendment has only one small technical change that needs to be 

made prior to introduction. This bill addresses a narrow segment 

of the automobile market with a tremendous potential impact. We 

heard in a Subcommittee hearing last week from witnesses who described the substantial oil savings and emissions reductions to be 

had in medium-to-heavy hybrid trucks, as well as the benefit to the 

whole domestic automotive sector from the invaluable lessons 

learned in designing and manufacturing these systems. 

I believe this is a very important piece of legislation in the large 

and complex puzzle that is our transportation sector, and I look forward to moving this bill through Committee and on to the Floor for 

consideration by the House. 

I urge the support of all Members of the Subcommittee for the 

three bills we will consider today. I look forward to working with 

all of you to further improve these important bills as we move to 

their consideration by the Full Committee. 

[The prepared statement of Chairman Lampson follows:] 

PREPARED STATEMENT OF CHAIRMAN NICK LAMPSON

Good morning. Today the Subcommittee will consider three bills. The first is H.R. 

4174, the Federal Ocean Acidification Research and Monitoring Act. 

This bill establishes an interagency ocean acidification research and monitoring 

program. H.R. 4174 was introduced by our colleague from Maine, Congressman Tom 

Allen, and is sponsored by a Member of this subcommittee, Mr. Baird. 

On June 5th we heard from a panel of experts on ocean and atmospheric sciences 

testify in strong support of this legislation. The bill authorizes the formation of an 

interagency research and monitoring program to better understand ocean acidification and its potential impacts on marine organisms and marine ecosystems. 

The second bill we will is consider is H.R. 5618, the National Sea Grant College 

Program Amendments Act. 

H.R. 5618 was introduced by Congresswoman Bordallo, Chair of the Committee 

on Natural Resources Subcommittee on Fisheries, Wildlife, and Oceans. 

This bill reauthorizes and amends the National Sea Grant College Program Act 

to implement changes in the program recommended by the National Academy of 

Sciences. 

The National Sea Grant College Program was last reauthorized in 2002. It is a 

partnership between states and the Federal Government to promote the understanding, conservation, and management of our ocean, coastal, and Great Lakes resources. Sea Grants research, education, and extension programs have been very effective in training future scientists and resource managers, generating information 

to support sound resource management, and delivering applied research results to 

the people who rely on our coastal areas and Great Lakes for their livelihoods. 


yshivers on PROD1PC66 with HEARING
19 

Finally, the Subcommittee will consider draft legislation authored by Mr. Sensenbrenner, Ranking Member of the Investigations and Oversight Subcommittee, to enhance the Department of Energy’s research program in heavy-duty hybrid trucks. 

Mr. Sensenbrenner does not sit on this subcommittee, and thus will not be joining 

us today. I understand that the manager’s amendment has only one small technical 

change that needs to be made prior to introduction, and that we will take up any 

additional amendments in a Full Committee markup. 

This bill addresses a narrow segment of the automobile market with a tremendous potential impact. We heard in a Subcommittee hearing last week from witnesses who described the substantial oil savings and emissions reductions to be had 

in medium-to-heavy hybrid trucks, as well as the benefit to the whole domestic automotive sector from the invaluable lessons learned in designing and manufacturing 

these systems. 

I believe this is a very important piece of legislation in the large and complex puzzle that is our transportation sector. I look forward to moving this bill through Committee and on to the Floor for consideration by the House. 

I urge the support of all Members of the Subcommittee for the three bills we will 

consider today. I look forward to working with all of you to further improve these 

important bills as we move to their consideration by the Full Committee. 

Chairman LAMPSON. I now recognize Mr. Inglis to present his 

opening remarks. 

Mr. INGLIS. Thank you, Mr. Chairman, and thank you for holding 

this markup. Today we will consider three bills before this Subcommittee. H.R. 4174, the Federal Ocean Acidification Research 

and Monitoring Act would organize and coordinate federal agency 

efforts to address ocean acidification into a comprehensive research, monitoring, and assessment program. Two weeks ago, this 

subcommittee held a hearing in which we received several recommended changes from the expert panel of witnesses. Representative Baird and I will introduce an amendment that acts upon these 

recommendations. As we move forward to Full Committee, I hope 

that we can further improve the international components of this 

bill and encourage our scientists to work with their colleagues overseas. 

Secondly, we will consider H.R. 5618, the National Sea Grant 

College Program Amendments Act. Since its inception in 1966, the 

National Sea Grant Program has been a successful collaborative effort of the Federal Government, State governments, and universities. Under the program, these groups work together to understand, develop, and conserve our coastal and ocean resources. As 

we mark up H.R. 5618, our goal should be a reauthorization that 

equips the Sea Grant Program to continue providing sound science 

and management products that benefit our coastal regions and conserve our coastal resources. 

Finally, we will consider draft legislation introduced by Mr. Sensenbrenner that would steer federal dollars toward research, development, and demonstration in the area of commercial truck hybrid 

technologies. 

Thank you again, Mr. Chairman. I look forward to working with 

you to advance this legislation. 

[The prepared statement of Mr. Inglis follows:] 

PREPARED STATEMENT OF REPRESENTATIVE BOB INGLIS

Thank you for holding this markup, Mr. Chairman. 

Today we’ll consider three bills before this subcommittee. H.R. 4174, the Federal 

Ocean Acidification Research and Monitoring Act, would organize and coordinate 

federal agency efforts to address ocean acidification into a comprehensive research, 

monitoring and assessment program. Two weeks ago, this subcommittee held a 

hearing in which we received several recommended changes from the expert panel 


yshivers on PROD1PC66 with HEARING
20 

of witnesses. Rep. Baird and I will introduce an amendment that acts upon these 

recommendations. As we move forward to Full Committee, I hope that we can further improve the international components of this bill and encourage our scientists 

to work with their colleagues overseas. 

Secondly, we’ll consider H.R. 5618, the National Sea Grant College Program 

Amendments Act. Since its inception in 1966, the National Sea Grant Program has 

been a successful collaborative effort of the Federal Government, State governments, 

and universities. Under the program, these groups work together to understand, develop, and conserve our coastal and ocean resources. As we markup H.R. 5618, our 

goal should be a reauthorization that equips the Sea Grant Program to continue 

providing sound science and management products that benefit our coastal regions 

and conserve our coastal resources. 

Finally, we will consider draft legislation introduced by Mr. Sensenbrenner that 

would steer federal dollars toward research, development, and demonstration in the 

area of commercial truck hybrid technologies. 

Thank you again, Mr. Chairman, and I look forward to working with you to advance this legislation. 

Chairman LAMPSON. Thank you, Mr. Inglis. Without objection, 

Members may place additional opening statements in the record at 

this point. 

We will now consider H.R. 4174, the Federal Ocean Acidification 

Research and Monitoring Act of 2007. I mentioned the goals of this 

legislation in my opening remarks, and I will just again express my 

support for Congressman Allen’s bill. 

I now recognize Mr. Inglis for any remarks on the bill. 

Mr. INGLIS. I have no further remarks, Mr. Chairman. 

Chairman LAMPSON. Does anyone wish to be recognized? 

Mr. BAIRD. Mr. Chairman, I have an amendment at the desk. 

Mr. Chairman——

Chairman LAMPSON. The Clerk will read the amendment. 

Mr. BAIRD. Mr. Chairman, I take back what I just said. 

Chairman LAMPSON. And I take back my remark. Oh, that’s 

going to be on the record. I ask unanimous consent that the bill 

is considered as read and open to amendment at any point and 

that Members proceed with amendments in the order of the roster. 

Without objection, so ordered. 

Now, the first amendment on the roster is an amendment in the 

nature of a substitute offered by the gentleman from Washington. 

Mr. Baird, are you ready with your amendment? 

Mr. BAIRD. Mr. Chairman, I have an amendment at the desk. 

Chairman LAMPSON. The Clerk will read the amendment. 

The CLERK. Amendment in the nature of a substitute to H.R. 

4174 offered by Mr. Baird of Washington and Mr. Inglis of South 

Carolina. 

Chairman LAMPSON. I ask unanimous consent to dispense with 

the reading. Without objection, so ordered. 

I recognize the gentleman from Washington for five minutes to 

explain the amendment. 

Mr. BAIRD. Mr. Chairman, I thank you for holding this hearing 

and for moving this important legislation forward. I want to commend Mr. Allen who introduced the bill and the other co-sponsors, 

Mr. Inslee, Mr. Gilchrest, and Dr. Ehlers for working on the legislation. I also want to give special thanks to our Ranking Member, 

Mr. Inglis, for helping to craft the particular amendment we’re discussing at present. 

This amendment incorporates many of the suggestions by the 

witnesses who appeared at our hearing just two weeks ago. The 


yshivers on PROD1PC66 with HEARING
21 

changes made by the amendment do not change the policy goals of 

the legislation. However, I believe they do improve the bill and will 

help build a strong program to better understand and address the 

impacts of ocean acidification. We have been engaged in a full, 

open, and bipartisan process in the development of this amendment. The Committee staff from both sides of the aisle met a couple of days after the hearing to begin collaborative efforts on incorporating the changes that were suggested by the panel of expert 

witnesses. A draft of the proposed changes was developed and 

shared last week, and over the last few days, the Committee staff 

worked together to put the final amendment together. That process 

has led us here today with what I think is a good start on a bipartisan bill. All of the witnesses at the hearing indicated that it was 

not necessary to create a new interagency committee as in the 

original draft of the legislation. For this reason, the amendment 

strikes the original language in Section 3 that created the new 

interagency structure and instead designates the existing Joint 

Subcommittee on Ocean, Science, and Technology, JSOST, of the 

National Science and Technology Council as the coordinating body 

for federal programs on ocean acidification. The amendment 

charges the Subcommittee of JSOST with the development of the 

research and monitoring plan and oversight of its implementation. 

This is not a significant departure and intent from the original bill. 

However, as we learned in the hearing, it is important to ensure 

that the work being done in this area is made available to stakeholders so that it can be used including in the management of our 

fisheries and our coastal resources. For this reason, under the 

amendment, the Subcommittee is responsible for facilitating communication with individuals and non-governmental organizations 

with an interest in marine resources. 

Many of our witnesses also highlighted the importance of international cooperation in the field. As a result, the amendment directs the Subcommittee to coordinate our research and monitoring 

efforts with those of other nations. Under our amendment, this 

subcommittee is directed to provide the research and monitoring 

plan to Congress within 12 months of enactment and to provide an 

annual update of the program’s progress. This is a slightly shorter 

timeframe than provided for in the original bill. However, it became clear at the hearing that much work has been done toward 

this end already, so an earlier date will not pose significant problems for JSOST. 

During the hearing, witnesses discussed a number of recent 

workshops and meetings resulting in reports and plans for research 

on ocean acidification. As we don’t want the Subcommittee to duplicate these efforts, our amendment directs the JSOST committee to 

develop the research plan using available reports, studies, and information that have already identified research and monitoring 

needed to better understand ocean acidification and its impacts. 

Considering that much of this planning has already occurred, the 

Subcommittee should be able to use this existing information to expedite the planning process. The amendment defines the contents 

of plans including specific activities that will be part of the federal 

program and a requirement that it outline the relevant activities 

of the federal agencies that contribute to the program and identify 


yshivers on PROD1PC66 with HEARING
22 

the role of each agency in implementing the plan. Our amendment 

also requires the plan to include at a minimum program elements 

that reflect a five research and monitoring themes on ocean acidification that have been identified by NOAA in consultation with the 

external research community. Our amendment also requires the 

Subcommittee to involve the ocean community in the development 

of the plan. This includes universities, states, industries, and environmental groups. The importance of involving the outside research 

committee was particularly emphasized in the hearing. 

Finally, to ensure the scientific merit of the plan was reviewed 

by the National Academies of Science as required with the public 

comment period of at least 60 days. And I should note also the 

amendment expands the definition of acidification from simply a 

reduction of pH levels to include the many changes in chemistry of 

the ocean that occurred due to chemical inputs from the atmosphere. The amendment shortens the authorization period to four 

years whereas the original bill had an indefinite authorization. 

Again, I want to thank our Ranking Member, Mr. Inglis, for 

working with us on this amendment, Chairman Lampson for his 

support. I look forward to continuing to work together to implement the legislation as we move forward. I encourage all our colleagues to support the amendment and yield back the balance of 

my time. 

Chairman LAMPSON. Is there further discussion on the amendment? 

Mr. INGLIS. Mr. Chairman? 

Chairman LAMPSON. I recognize Mr. Inglis. 

Mr. INGLIS. First of all, I would like to thank Chairman Baird 

for his leadership on this. We are just back from the very interesting trip to the Galapagos Islands where Chairman Baird continued his tutorial for me on ocean acidification. He started it earlier 

in Australia. He is actually very knowledgeable about these things, 

and it has helped me to understand how important this issue is because if we open up a hole in the bottom of the food chain because 

of ocean acidification, we really have quite a challenge for at least 

a billion humans who rely on the ocean for sustenance. So in addition, we heard from some excellent scientists in the Galapagos that 

illustrates really what I was talking about in my opening statement. That we want our scientists to be actively engaged with scientists around the world, and that is what we were seeing in the 

Galapagos with people like Dr. Julian Sachs at the University of 

Washington, and he was able to help me with the chemical equation actually that explains ocean acidification. But he really got to 

me, Chairman Baird, when he mentioned the egg in the vinegar, 

which I think you had already mentioned to me, but finally got 

through that you put an egg in vinegar and what happens? The 

shell sort of dissolves. Well, the same thing happens to calciumbased organisms in the ocean if the acidity increases, the pH goes 

down. 

So anyway, this amendment is a helpful effort I think to do exactly what Chairman Baird just mentioned. It designates the Joint 

Subcommittee for Ocean Science and Technology, or JSOST, as the 

coordinating body for the Federal Ocean Acidification effort, which 

seems to be a more efficient way to accomplish the goal. It also reVerDate Aug 31 2005 08:17 Jul 10, 2008 Jkt 069006 PO 00000 Frm 00022 Fmt 6601 Sfmt 6601 E:\HR\OC\HR749.XXX HR749

yshivers on PROD1PC66 with HEARING
23 

quires that JSOST create a strategic plan that lays out the U.S. 

research agenda for the next 10 years. If you have a plan, then you 

are likely to get there. If you don’t have a plan, then you are likely 

to meander around. And it includes a National Academies of 

Science review of the plan, again using the strengths that we have 

in the academies. 

So this substitute will make the underlying bill much better. 

There is still work to be done, I think, and I look forward to working with Chairman Baird and others as we move forward to the 

Full Committee markup and I urge my colleagues to support the 

substitute. 

Chairman LAMPSON. Anyone else seek recognition? Are there any 

amendments to Mr. Baird’s amendment? Hearing none, the vote occurs on the amendment in the nature of a substitute. All in favor 

say aye, those opposed say no. The ayes have it, and the amendment is agreed to. 

The vote is on the bill, H.R. 4174, Federal Ocean Acidification 

Research and Monitoring Act of 2007, as amended. All those in 

favor will say aye, those opposed say no. In the opinion of the 

Chair, the ayes have it. 

I recognize Mr. Baird for a motion. 

Mr. BAIRD. Mr. Chair, I move that the Subcommittee favorably 

report H.R. 4174 as amended to the Full Committee. Furthermore, 

I move that staff be instructed to prepare the Subcommittee legislative report and make the necessary technical and conforming 

changes to the bill in accordance with the recommendations of the 

Subcommittee. 

Chairman LAMPSON. The question is on the motion to report the 

bill favorably. Those in favor of the motion will signify by saying 

aye, opposed no. The ayes have it. The bill is favorably reported. 

Without objection, the motion to reconsider is laid upon the table. 

Subcommittee Members may submit additional or Minority views 

on the measure. 

And I want to thank Members for their attendance. This concludes our Subcommittee markup. We are adjourned. 

[Whereupon, at 10:27 a.m., the Subcommittee was adjourned.] 


yshivers on PROD1PC66 with HEARING

yshivers on PROD1PC66 with HEARING
(25) 

Appendix: 

H.R. 4174, SECTION-BY-SECTION ANALYSIS, AMENDMENT ROSTER


yshivers on PROD1PC66 with HEARING
26 


yshivers on PROD1PC66 with HEARINGhr4174a.eps
27 


yshivers on PROD1PC66 with HEARINGhr4174b.eps
28 


yshivers on PROD1PC66 with HEARINGhr4174c.eps
29 


yshivers on PROD1PC66 with HEARINGhr4174d.eps
30 


yshivers on PROD1PC66 with HEARINGhr4174e.eps
31 


yshivers on PROD1PC66 with HEARINGhr4174f.eps
32 


yshivers on PROD1PC66 with HEARINGhr4174g.eps
33 


yshivers on PROD1PC66 with HEARINGhr4174h.eps
34 


yshivers on PROD1PC66 with HEARINGhr4174i.eps
35 


yshivers on PROD1PC66 with HEARINGhr4174j.eps
36 


yshivers on PROD1PC66 with HEARINGhr4174k.eps
37 


yshivers on PROD1PC66 with HEARINGhr4174l.eps
38 


yshivers on PROD1PC66 with HEARINGhr4174m.eps
39 

SECTION-BY-SECTION ANALYSIS OF

H.R. 4174, THE FEDERAL OCEAN ACIDIFICATION RESEARCH AND MONITORING ACT

Section 1. Short Title and Table of Contents 

Provides the short title of the legislation: The Federal Ocean Acidification Research and Monitoring Act of 2007. 

Section 2. Findings and Purposes 

Designates the purposes of the legislation: to provide for development of an interagency monitoring and research plan; establishment of an ocean acidification program at NOAA; assessment of the impacts of ocean acidification; and research on 

adaptation strategies. 

Section 3. Interagency Committee on Ocean Acidification 

Establishes an interagency committee on ocean acidification chaired by NOAA 

and designates the membership of the committee to include representatives from 

the National Science Foundation, the National Aeronautics and Space Administration, the U.S. Geological Survey, U.S. Fish and Wildlife Service, the Environmental 

Protection Agency, the Department of Energy and other Federal agencies. The section directs the committee to oversee the development of a plan to be submitted to 

Congress to coordinate federal efforts to understand ocean acidification and its potential impacts on marine ecosystems and to develop adaptive strategies to conserve 

marine organisms and marine ecosystems. Requires a report to Congress within two 

years of enactment and every three years thereafter of the progress of research and 

monitoring activities and recommendations for addressing impacts of ocean acidification. 

Section 4. Strategic Research and Implementation Plan 

Directs the Committee to develop a strategic research and implementation plan 

for coordinated federal activities within 18 months of enactment. Establishes criteria and topics to be included in the interagency program and requires the plan 

to include goals, priorities, and guidelines for coordinated research over a 10-year 

period. Requires the Committee to consider and utilize other relevant reports and 

studies in developing the research plan. 

Section 5. NOAA Ocean Acidification Program 

Directs the Secretary to establish an ocean acidification program within NOAA to 

implement activities consistent with the strategic research and implementation 

plan. Requires the program to provide grants through a competitive, merit-based 

process. 

Section 6. Definitions 

Defines the terms Committee, Ocean Acidification, Program, and Secretary. 

Section 7. Authorization of Appropriations 

Authorizes appropriations that escalate each year beginning in fiscal year 2009 

at a funding level of $6 million through fiscal year 2012 when the funding level 

reaches $30 million. The authorization is permanent at a level of $30 million thereafter. The section also directs the Secretary to distribute sixty percent of the funds 

to agencies other than NOAA to carry out the purposes of the Act and directs that 

at least fifty percent of all funds be used for competitive grants. 


yshivers on PROD1PC66 with HEARING
40 


yshivers on PROD1PC66 with HEARINGInsert graphic folio 44 here HR749.001
41 


yshivers on PROD1PC66 with HEARINGhr4174n.eps
42 


yshivers on PROD1PC66 with HEARINGhr4174o.eps
43 


yshivers on PROD1PC66 with HEARINGhr4174p.eps
44 


yshivers on PROD1PC66 with HEARINGhr4174q.eps
45 


yshivers on PROD1PC66 with HEARINGhr4174r.eps
46 


yshivers on PROD1PC66 with HEARINGhr4174s.eps
47 


yshivers on PROD1PC66 with HEARINGhr4174t.eps
48 


yshivers on PROD1PC66 with HEARINGhr4174u.eps
49 


yshivers on PROD1PC66 with HEARINGhr4174v.eps
50 


yshivers on PROD1PC66 with HEARINGhr4174w.eps
51 


yshivers on PROD1PC66 with HEARINGhr4174x.eps
52 


yshivers on PROD1PC66 with HEARINGhr4174y.eps
53 


yshivers on PROD1PC66 with HEARINGhr4174z.eps

yshivers on PROD1PC66 with HEARING
(55) 

XXII. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 4174, FEDERAL 

OCEAN ACIDIFICATION RESEARCH AND 

MONITORING ACT OF 2008 

WEDNESDAY, JUNE 25, 2008 

HOUSE OF REPRESENTATIVES, COMMITTEE ON SCIENCE, Washington, DC. 

The Committee met, pursuant to call, at 11:02 a.m., in Room 

2318 of the Rayburn House Office Building, Hon. Bart Gordon 

[Chairman of the Committee] presiding. 

Chairman GORDON. This committee will come to order. The first 

order of business is to introduce our new Member, Mr. Carson, to 

serve on the Committee of Science and Technology. We currently 

have two open Subcommittee spots, on Research and Science Education Subcommittee and Investigations and Oversight Subcommittee. 

I would like to ask unanimous consent that Mr. Carson be elected to those Subcommittees. 

Without objection, so ordered. Congratulations, and welcome to 

the Committee, Mr. Carson. I know you will be a great addition. 

We will now proceed with the markup. Today we will be marking 

up two important bills. The first bill we will consider is H.R. 5618, 

the National Sea Grant College Program Amendments Act, and 

H.R. 5618 was introduced by Delegate Bordallo, Chair of the Subcommittee on Fisheries, Wildlife, and Oceans of the Natural Resources Committee. 

Our committee shares jurisdiction over the Sea Grant College 

Program with the Resources Committee. Our staff has been working closely with them. 

This bill reauthorizes and amends the National Sea Grant College Program Act of 2002, to implement changes recommended by 

the National Academies of Science. 

The bill increase the interaction between the National Sea Grant 

Office and the individual programs, improve the programmatic performance reviews, and strengthens strategic planning for the program. 

This program, created nearly 40 years ago, has matured into a 

state-Federal Government partnership to improve the conservation, 

management, and utilization of our oceans, coastal, and Great 

Lakes resources. 

The research, education, and extension programs of Sea Grants 

have been very effective in training future scientists and resource 


yshivers on PROD1PC66 with HEARING
56 

managers, providing education to the general public, generating information to support sound resource management, and delivering 

applied research results to the people who rely on our coastal areas 

and the Great Lakes for their livelihoods. 

Next, we will take up H.R. 4174, the Federal Ocean Acidification 

Research and Monitoring Act, which was introduced by our colleague from Maine, Congressman Tom Allen, and co-sponsored by 

Dr. Baird and Dr. Ehlers. 

This committee has continued to be a leader in the discussion of 

climate change and its consequences. Ocean Acidification is yet another phenomenon caused by the increase in atmospheric carbon 

dioxide, and it poses a significant threat to marine organisms and 

marine ecosystems. 

Earlier this month the Energy and Environmental Subcommittee 

heard from a distinguished panel of ocean and atmospheric scientists who testified in strong support of this legislation. 

These witnesses provided a number of recommendations to improve the bill. The staff exemplified bipartisan cooperation by 

working together to craft an amendment to the bill in the last 

week’s Subcommittee markup to incorporate the recommendations 

of the witnesses. 

The bipartisan effort continued and is reflected in a final agreement that will be offered today. 

I strongly support each of these bills and look forward to working 

with my colleagues on the Committee to advance this important 

legislation. 

I now recognize Mr. Hall to present his opening remarks. 

Mr. HALL. Thank you, Mr. Chairman. I am pleased that the 

Committee is marking up these bills. Each of them addresses 

issues that are certainly of national importance. 

Mr. Chairman, the Committee’s work on the National Sea Grant 

College Program amendments continues a tradition of ensuring the 

continuation of programs that produce sound science. H.R. 5618 reauthorizes a program that brings local, State, and federal resources 

together to do research on issues that are of great importance 

today. This bill also encourages regional collaboration on research 

projects, recognizing that problems do not stop at the state border. 

Additionally, H.R. 4174 organizes the Federal Government’s approach to research and monitoring of ocean acidification. Oceans 

are a valuable resource, essential to our collective well-being. Although the government is conducting some research and monitoring of ocean acidification, it is still done in a very ad hoc manner; most of the time as part of another project. Due to the potential impacts of acidification of the ocean, this phenomenon requires 

a very comprehensive federal plan that will produce the sound 

science upon which we can make informed decisions on how to 

mitigate and how to adapt to it. 

Mr. Chairman, I would like to thank you and your staff for working with us on these bills today. I yield back the balance of my 

time, sir. 

[The prepared statement of Mr. Hall follows:] 


yshivers on PROD1PC66 with HEARING
57 

PREPARED STATEMENT OF REPRESENTATIVE RALPH M. HALL

Thank you, Mr. Chairman. I am pleased that this committee is marking up these 

bills today. Each of them addresses issues that are of national importance. 

Mr. Chairman, the Committee’s work on the National Sea Grant College Program 

Amendments continues its tradition of ensuring the continuation of programs that 

produce sound science. H.R. 5618, reauthorizes a program that brings local, State 

and federal resources together to do research on issues that are important today. 

This bill also encourages regional collaboration on research projects, recognizing 

that problems do not stop at the state border. 

Additionally, H.R. 4174 organizes the Federal Government’s approach to research 

and monitoring of ocean acidification. Oceans are invaluable resources, essential to 

our collective well-being. Although the government is conducting some research and 

monitoring of ocean acidification, it is being done in a very ad hoc manner—most 

of the time as part of another project. Due to the potential impacts of ocean acidification, this phenomenon requires a comprehensive federal plan that will produce 

the sound science upon which we can make informed decisions on how to mitigate 

and adapt to it. 

Mr. Chairman, I would like to thank you and your staff for working with us on 

these bills before us today. 

I yield back the balance of my time. 

Chairman GORDON. Without objection Members may place statements in the record at this point. 

[The prepared statement of Mr. Mitchell follows:] 

PREPARED STATEMENT OF REPRESENTATIVE HARRY E. MITCHELL

Thank you, Mr. Chairman. 

Today we will mark up two important bills, H.R. 4174, the Federal Ocean Acidification Research and Monitoring Act, and H.R. 5618, the National Sea Grant College 

Program Amendments Act. 

The Sea Grant Colleges sponsor a number of vital marine science research, education, training, and technical assistance programs to promote the understanding 

and utilization of ocean, coastal, and Great Lakes resources. 

Today we will consider amendments to H.R. 5618 that will encourage the National Sea Grant College Program to explore methods for producing offshore energy 

sources such as petroleum, natural gas, geothermal, wind, and ocean thermal resources. According to the Department of Interior’s Minerals Management Service, of all of 

the gas and oil believed to exist in the Outer Continental Shelf, 82 percent of natural gas and 79 percent of oil is located in areas that are already open to leasing. 

However, despite record-high gas prices, oil and gas companies have stockpiled 

over 10,000 permits for domestic drilling. 

I encourage the Sea Grant Colleges to examine methods for energy production in 

these areas of the Outer Continental Shelf that are already open to leasing. 

I urge my colleagues to support both H.R. 4174 and H.R. 5618. 

I yield back. 

Chairman GORDON. We now will consider H.R. 4174, the Federal 

Ocean Acidification Research and Monitoring Act of 2008. As I 

mentioned in my opening, Members and staff have worked in a bipartisan way to craft a good piece of legislation on a very important 

topic, and I urge my colleagues to support this bill. 

I now recognize Dr. Gingrey to present any remarks on the bill. 

Mr. GINGREY. Thank you, Mr. Chairman. 

H.R. 4174, the Federal Ocean Acidification Research and Monitoring Act of 2008, organizes federal activities on ocean acidification research. 

Our planet’s oceans are priceless assets. Not only do they provide 

economic and employment value to all coastal nations, they contain 

vast energy and mineral resources, they are essential sources of 

food, and they are instrumental in the regulation of global temperature and atmospheric carbon concentrations. Oceans absorb 

carbon dioxide, thereby increasing the acidity of the oceans. Given 


yshivers on PROD1PC66 with HEARING
58 

the importance of oceans to our collective well-being, this phenomenon must be further monitored and researched so we can 

make informed decisions on how to mitigate and adapt to it. 

Two years ago we were given a blueprint by the United States 

Commission on Ocean Policy. They gave us a number of recommendations, particularly with respect for the need for sound 

science and information from which to base effective national ocean 

policy. I believe this bill is right in line with what they were suggesting. 

So, Mr. Chairman, I would like to thank you and your staff and 

Mr. Baird and his staff for working with us to improve the bill and 

craft a good policy. 

And I yield back the balance of my time. 

Chairman GORDON. Thank you, Dr. Gingrey. Does anyone else 

wish to be recognized? 

If not, I ask unanimous consent that the bill is considered as 

read and open to amendment at any point, and that the members 

proceed with amendments in the order of the roster. 

Without objection, so ordered. 

The first amendment on the roster is a manager’s amendment offered by the gentleman from Washington, Dr. Baird. Are you ready 

to proceed with your amendment? 

Mr. BAIRD. I am indeed, Mr. Chairman. 

Chairman GORDON. The Clerk will report the amendment. 

The CLERK. Amendment to H.R. 4174 offered by Mr. Baird of 

Washington and Mr. Inglis of South Carolina. 

Chairman GORDON. The Clerk—I ask unanimous consent to dispense with the reading. 

Without objection, so ordered. 

I recognize the gentleman for five minutes to explain his amendment. 

Mr. BAIRD. I thank the Chair. I want to begin by thanking Mr. 

Allen, who introduced the bill originally, along with other co-sponsors, Mr. Inslee, Gilchrest, and Dr. Ehlers. I also want to thank Dr. 

Gingrey for his support today, and I especially want to acknowledge Mr. Inglis, the Ranking Member of the Subcommittee on Energy and Environment, for joining me in offering this amendment 

and for his dedication to this issue and the broad issue of health 

of the oceans. It has been a pleasure to travel with him and study 

this issue together, and I think we have crafted a very good amendment to a very good underlying bill. 

Our amendment incorporates additional changes to H.R. 4174, 

which were suggested after further consultation with the Administration and with the witnesses who appeared at our hearing three 

weeks ago. I believe the changes improve the bill and will help 

build a strong federal research program on ocean acidification. 

Parenthetically I should note that just last week Science magazine had a special article on how ocean issues have been largely neglected in the IPCC process, and there have been several recent 

top-flight scientific articles on the very issue we are addressing, 

that of ocean acidification. 

I am pleased that we have continued the full open and bipartisan 

process we began before the Subcommittee markup to develop the 

amendment being offered today. The Committee staff from both 


yshivers on PROD1PC66 with HEARING
59 

sides of the aisle have been meeting and working collaboratively to 

develop the changes proposed in this amendment. 

The amendment makes several clarifying changes to language in 

the bill and a handful of substantive changes. The amendment 

adds two new sections to the legislation, authorize ocean acidification activities at the National Science Foundation and at the National Aeronautics and Space Administration. 

Our witnesses specifically mentioned the importance of having 

both of these agencies as active participants in any interagency 

program on ocean acidification. NSF’s role in funding extramural 

basic research is needed to support the contribution of the academic research community in understanding ocean acidification 

and its impacts on marine, organisms, and ecosystems. 

NASA plays an essential role in monitoring acidification and its 

impacts through its Earth Sciences Program, its current suite of research satellites, and its technology programs to develop advanced 

space-based monitoring capabilities. 

The amendment also makes an adjustment to the reporting requirements of the bill to avoid overburdening the interagency committee with too many reports in a single year. We have increased 

the time for providing the strategic research and monitoring plan 

by one year to allow the intra-agency committee time to, interagency committee time to incorporate recommendations from the 

National Academy of Science’s review of the plan. 

Our amendment directs the interagency committee to establish a 

single web-based portal for information on ocean acidification. This 

will provide a single location for organizing the information generated through this program and will ensure it is made available 

to the outside community. 

The bill authorizes funds for NOAA and NSF over a four-year period. The initial authorization numbers are based on estimates of 

the current levels of funding for each of these agencies with just 

modest increases. Combined our figures are far below the $50 million recommended by our witnesses, but we hope they will be adequate to make a significant impact on this important issue. 

I believe these are all realistic and achievable budget increases 

given the urgency and challenge posed by the problem. 

Again, I would like to thank Mr. Inglis for working on this 

amendment. I believe we have a good piece of legislation. I urge my 

colleagues to support the amendment and the underlying bill, and 

I yield back the balance of my time. 

[The prepared statement of Mr. Baird follows:] 

PREPARED STATEMENT OF REPRESENTATIVE BRIAN BAIRD

Mr. Chairman, I have an amendment at the desk. 

I want to thank Mr. Allen, who introduced this bill and the other co-sponsors— Mr. Inslee, Mr. Gilchrest, and Dr. Ehlers for working on this important legislation. 

I also want to thank our Ranking Member, Mr. Inglis, for working with me on this 

amendment. 

This amendment incorporates suggestions by the witnesses who appeared at our 

hearing two weeks ago. 

The changes made by the amendment do not change the policy goals of the legislation. However, I believe they improve the bill and will help to build a strong program to better understand and address the impacts of ocean acidification. 

We have been engaged in a full, open, and bipartisan process in the development 

of this amendment. The Committee staff from both sides of the aisle met a couple 

of days after the hearing to begin collaborative efforts on incorporating the changes 


yshivers on PROD1PC66 with HEARING
60 

that were suggested by the panel of expert witnesses. A draft of the proposed 

changes was developed and shared last week and, over the last couple of days, the 

Committee staff worked together to put this final amendment together. 

That process has led us here today with what I think is a good start on a bipartisan bill. 

All of the witnesses at the hearing indicated that it was not necessary to create 

a new interagency committee. For this reason, the amendment strikes the original 

language in Section 3 that created the new interagency structure. Instead, the 

amendment designates the existing Joint Subcommittee on Ocean Science and Technology (JSOST) of the National Science and Technology Council as the coordinating 

body for federal programs on ocean acidification. 

The amendment charges the Subcommittee with the development of the research 

and monitoring plan and oversight of its implementation. This is not a significant 

departure from the original bill. 

However, as we learned in the hearing, it is important to ensure that the work 

that is being done in this area is made available to stakeholders so that it can be 

used, including in the management of our fisheries and coastal resources. For this 

reason, under the amendment, the Subcommittee is responsible for facilitating communication with individuals and non-governmental organizations with an interest 

in marine resources. 

Many of the witnesses also highlighted the importance of international cooperation in this field. As a result, the amendment directs the Subcommittee to coordinate our research and monitoring efforts with those of other nations. 

Under my amendment, the Subcommittee is directed to provide the research and 

monitoring plan to Congress within 12 months of enactment and to provide an annual update of the program’s progress. This is a slightly shorter time frame than 

provided for in the original bill. It became clear at the hearing that work has been 

done toward this end already, so an earlier date will not pose significant problems 

for JSOST. 

During the hearing the witnesses discussed a number of recent workshops and 

meetings that have resulted in reports and plans for research on ocean acidification. 

We don’t want the Subcommittee to duplicate these efforts. As a result, my amendment directs the Subcommittee to develop the research plan using available reports, 

studies, and information that have already identified research and monitoring needed to better understand ocean acidification and its potential impacts. Considering 

that much of this planning has already occurred, the Subcommittee should be able 

to use this existing information to expedite the planning process. 

The amendment defines the contents of the plan, including specific activities that 

will be part of the federal program and a requirement that it outline the relevant 

activities of the federal agencies that contribute to the program and identify the role 

of each agency in implementing the plan. 

The amendment also requires the plan to include, at a minimum, program elements that reflect the five major research and monitoring themes on ocean acidification that have been identified by NOAA in consultation with the external research 

community. 

The amendment also requires the Subcommittee to involve the ocean community 

in the development of the plan. This includes universities, states, industry and environmental groups. The importance of involving the outside research community was 

emphasized in the hearing. 

To ensure the scientific merit of the plan, a review by the National Academy of 

Sciences is required. A public comment period of at least 60 days is also provided. 

As recommended by several of our witnesses, the amendment expands the definition of ocean acidification from simply a reduction of pH levels to include the many 

changes in the chemistry of the ocean that occur due to chemical inputs from the 

atmosphere. 

Finally, the amendment shortens the authorization period to four years. The original bill had an indefinite authorization. 

Again, I want to thank our Ranking Member, Mr. Inglis for working with us on 

this amendment and Chairman Lampson for his support. I look forward to continuing to work together to make further improvements to this legislation as we go 

forward. We have taken an important first step with this amendment, but we still 

have some additional work to do to strengthen the federal program on ocean acidification. 

I encourage all of my colleagues to support this amendment, and yield back the 

balance of my time. 

Chairman GORDON. Mr. Inglis, would you like to be recognized? 

Mr. INGLIS. Yes, Mr. Chairman. 


yshivers on PROD1PC66 with HEARING
61 

Chairman GORDON. The gentleman is recognized for five minutes. 

Mr. INGLIS. Thank you, Mr. Chairman, and first I want to thank 

Dr. Baird for his expertise in this area. I think he has helped me 

learn a great deal more than I knew about ocean acidification, and 

I thank him for that. 

And, as he said, in the Energy and Environment Subcommittee 

hearing on this bill, we received several recommendations for ways 

to improve the bill. Between that markup and this amendment 

that is before us now, significant improvements have been made to 

the bill that will enhance the national and international efforts to 

study ocean acidification, to monitor, to access it, and to develop 

technology to address it. 

So this amendment would establish an ocean acidification information exchange as Dr. Baird just said, a web portal that would 

serve as a clearinghouse for all federal research and monitoring information. 

The amendment directs the Joint Subcommittee on Ocean 

Science and Technology, JSOST, to produce an initial report for the 

appropriate House and Senate committees on ocean acidification 

activities. 

This report will provide Congress with information during the 

time period that the strategic research plan is being adopted. We 

expect that initial research on ocean acidification will reveal new 

avenues for study. This amendment directs JSOST to revise and 

update the strategic plan every five years in order to account for 

these changes. 

As we heard from the expert witnesses in the Subcommittee 

hearing, ocean acidification would have a harmful affect on 

phytoplankton, the organisms at the bottom of the oceanic food 

chain. This amendment requires research into the impacts on marine food webs from ocean acidification. 

Because climate, atmosphere and chemistry directly affect ocean 

acidification, it is important to maintain a broad research focus 

across our science agencies. While the underlying bill already directs NOAA to follow the strategic research plan, this amendment 

would include NSF under that plan and would charge NASA with 

ensuring that ocean acidification is established as one of the priorities for future Earth observation missions. 

Finally, because NSF is being brought under the guidance of the 

research plan, this amendment authorizes an additional $41 million to fund research activities at that agency. If our goal is to understand the global and national effects and implications of ocean 

acidification, it is vital that our scientists have an adequate 

amount of funding to ensure quality research in this area. 

Thank you, Mr. Chairman, and I thank, again, Dr. Baird for his 

work on this legislation. I support the amendment and urge its 

passage. 

Chairman GORDON. Thank you, Mr. Inglis, and let me say it really is nice to see the really synergy of the work together. I think the, 

you know, there is a mutual respect, there is an interest and an 

understanding of your issues, and it just, you know, it really does 

make for good legislation, and it is fun to watch. 


yshivers on PROD1PC66 with HEARING
62 

Mr. BAIRD. Mr. Chair, if I may interject on that. In part I will 

say that is because we have had some outstanding opportunities to 

travel together to places where the world’s leading experts on this 

issue have educated us, and that opportunity to spend time together, one another as members with topflight scientists is absolutely invaluable and figured heavily in our work on this very legislation. 

And we are grateful for your support of that. 

Chairman GORDON. Certainly. Okay. 

If there is no further discussion on the amendment, then the vote 

occurs on the amendment. All in favor, say aye. Opposed, no. The 

ayes have it, and the amendment is agreed to. 

Are there other amendments? If no, then the vote is on the bill, 

H.R. 4174, as amended. All those in favor, say aye. All those opposed, no. In the opinion of the Chair the ayes have it. 

I recognize Mr. Baird for a motion. 

Mr. BAIRD. Mr. Chairman, I would move that the Committee favorably report H.R. 4174 as amended to the House with the recommendation that the bill do pass. Furthermore, I move that staff 

be instructed to prepare the legislative report and make necessary 

technical and conforming changes and that the Chairman take all 

necessary steps to bring the bill before the House for consideration. 

Chairman GORDON. The question is on the motion to report the 

bill favorably. Those in favor of the motion will signify by saying 

aye. Opposed, no. The ayes have it, and the bill is favorably reported. 

Without objection, the motion to reconsider is laid upon the table. 

Members will have two subsequent calendar days in which to submit supplemental, Minority, or additional views on the measure, 

ending Monday, June the 30th, at 9:00 a.m. 

I move pursuant to Clause one of Rule 22 of the Rules of the 

House of Representatives that the Committee authorize the Chairman to offer such motions as may be necessary in the House to 

adopt and pass H.R. 4174, the Federal Ocean Acidification Research and Monitoring Act for 2008, as amended. 

Without objection, so ordered. 

I want to thank Members for their attendance, and we will see 

you next Wednesday probably. 

[Whereupon, at 1:33 p.m., the Committee was adjourned.] 


yshivers on PROD1PC66 with HEARING
(63) 

Appendix: 

H.R. 4174 AS AMENDED, AMENDMENT ROSTER


yshivers on PROD1PC66 with HEARING
64 


yshivers on PROD1PC66 with HEARINGhr4174cc.eps
65 


yshivers on PROD1PC66 with HEARINGhr4174dd.eps
66 


yshivers on PROD1PC66 with HEARINGhr4174ee.eps
67 


yshivers on PROD1PC66 with HEARINGhr4174ff.eps
68 


yshivers on PROD1PC66 with HEARINGhr4174gg.eps
69 


yshivers on PROD1PC66 with HEARINGhr4174hh.eps
70 


yshivers on PROD1PC66 with HEARINGhr4174ii.eps
71 


yshivers on PROD1PC66 with HEARINGhr4174jj.eps
72 


yshivers on PROD1PC66 with HEARINGhr4174kk.eps
73 


yshivers on PROD1PC66 with HEARINGhr4174ll.eps
74 


yshivers on PROD1PC66 with HEARINGhr4174mm.eps
75 


yshivers on PROD1PC66 with HEARINGhr4174nn.eps
76 


yshivers on PROD1PC66 with HEARINGhr4174oo.eps
77 


yshivers on PROD1PC66 with HEARINGhr4174bb.eps
78 


yshivers on PROD1PC66 with HEARINGhr4174pp.eps
79 


yshivers on PROD1PC66 with HEARINGhr4174qq.eps
80 


yshivers on PROD1PC66 with HEARINGhr4174rr.eps
81 


yshivers on PROD1PC66 with HEARINGhr4174ss.eps
82 


yshivers on PROD1PC66 with HEARINGhr4174tt.eps
83 


yshivers on PROD1PC66 with HEARINGhr4174uu.eps
84 


yshivers on PROD1PC66 with HEARINGhr4174vv.eps
85 


yshivers on PROD1PC66 with HEARINGInsert graphic folio 88 here HR749.002
86 


yshivers on PROD1PC66 with HEARINGInsert graphic folio 89 here HR749.003
87 


yshivers on PROD1PC66 with HEARINGInsert graphic folio 90 here HR749.004
88 


yshivers on PROD1PC66 with HEARINGInsert graphic folio 91 here HR749.005
89 


yshivers on PROD1PC66 with HEARINGInsert graphic folio 92 here HR749.006
90 


yshivers on PROD1PC66 with HEARINGInsert graphic folio 93 here HR749.007
91 


yshivers on PROD1PC66 with HEARINGInsert graphic folio 94 here HR749.008
92 


yshivers on PROD1PC66 with HEARINGInsert graphic folio 95 here HR749.009
93 


yshivers on PROD1PC66 with HEARINGInsert graphic folio 96 here HR749.010
94 


yshivers on PROD1PC66 with HEARINGInsert graphic folio 97 here HR749.011
95 


yshivers on PROD1PC66 with HEARINGInsert graphic folio 98 here HR749.012
96 


yshivers on PROD1PC66 with HEARINGInsert graphic folio 99 here HR749.013
97 


yshivers on PROD1PC66 with HEARINGInsert graphic folio 100 here HR749.014
98 


yshivers on PROD1PC66 with HEARINGInsert graphic folio 101 here HR749.015
99 


yshivers on PROD1PC66 with HEARINGInsert graphic folio 102 here HR749.016
100 


yshivers on PROD1PC66 with HEARINGInsert graphic folio 103 here HR749.017
101 


yshivers on PROD1PC66 with HEARINGInsert graphic folio 104 here HR749.018