```

[Senate Report 110-339]
[From the U.S. Government Publishing Office]

110th Congress 
 2d Session                      SENATE                          Report
                                                                110-339
_______________________________________________________________________

                                     

                                                       Calendar No. 749

    FEDERAL OCEAN ACIDIFICATION RESEARCH AND MONITORING ACT OF 2007

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1581

                                     

                  May 22, 2008.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred tenth congress
                             second session

                   DANIEL K. INOUYE, Hawaii, Chairman
                   TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West         JOHN McCAIN, Arizona
    Virginia                         KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        GORDON H. SMITH, Oregon
BARBARA BOXER, California            JOHN ENSIGN, Nevada
BILL NELSON, Florida                 JOHN E. SUNUNU, New Hampshire
MARIA CANTWELL, Washington           JIM DeMINT, South Carolina
FRANK R. LAUTENBERG, New Jersey      DAVID VITTER, Louisiana
MARK PRYOR, Arkansas                 JOHN THUNE, South Dakota
THOMAS CARPER, Delaware              ROGER F. WICKER, Mississippi
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
          Margaret Cummisky, Staff Director and Chief Counsel
         Lila Helms, Deputy Staff Director and Policy Director
       Jean Toal Eisen, Senior Advisor and Deputy Policy Director
     Christine Kurth, Republican Staff Director and General Counsel
                Paul J. Nagle, Republican Chief Counsel
             Mimi Braniff, Republican Deputy Chief Counsel

                                                       Calendar No. 749
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-339

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

 
    FEDERAL OCEAN ACIDIFICATION RESEARCH AND MONITORING ACT OF 2007

                                _______
                                

                  May 22, 2008.--Ordered to be printed

                                _______
                                

       Mr. Inouye, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1581]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1581) 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, reports 
favorably thereon with amendments and recommends that the bill 
(as amended) do pass.

                          PURPOSE OF THE BILL

  The purpose of S. 1581, the Federal Ocean Acidification 
Research and Monitoring Act of 2007, is to establish a 
coordinated Federal research program on ocean acidification, 
and to authorize appropriations for fiscal year (FY) 2009 
through FY 2013.

                          BACKGROUND AND NEEDS

  Over the past 200 years, human activities have contributed to 
increases in atmospheric carbon dioxide and other greenhouse 
gases. There is scientific consensus that these emissions are 
altering the Earth's climate and ocean carbon chemistry. 
Approximately one half of the carbon dioxide released by 
burning fossil fuels has been absorbed by the oceans, helping 
to mitigate the effects of global climate change. However, the 
increase in atmospheric carbon dioxide has already caused 
significant changes to ocean carbon chemistry and pH. This 
disruption in ocean carbon chemistry causes the pH to decrease, 
a phenomenon identified as ocean acidification. According to 
the National Oceanic and Atmospheric Administration (NOAA), 
ocean hydrogen ion concentration (a measure of acidity) has 
increased 30 percent since industrialization. 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.
  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 are corrosive to corals and 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 shows that 
calcification growth rates will decrease and carbonate 
dissolution rates will increase for these calcifying organisms, 
potentially leaving them unable to compete ecologically, 
perhaps even threatening them to the point of extinction.
  Shallow water corals face similar threats due to decreased 
growth rates and increased shell corrosion. Corals comprise 
some of the richest habitats on earth. According to NOAA, about 
4,000 species of fish, including approximately half of all 
federally-managed 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.
  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 due to the 
continued increase of carbon dioxide in the atmosphere. 
National investment in a coordinated program of research and 
monitoring could 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. The report explains that 
ocean acidification and other physical and biogeochemical 
changes may irreversibly alter ecosystems. Sustained ocean 
observations, process research, and modeling are recommended in 
the report as necessary tools to help determine changes over 
time and to help identify and quantify ecosystem impacts.

                         SUMMARY OF PROVISIONS

  The Federal Ocean Acidification Research and Monitoring Act 
would establish or designate an interagency committee, chaired 
by NOAA, to develop and provide Congress with a strategic 
research and implementation plan on ocean acidification and to 
coordinate activities across Federal agencies. The bill also 
would establish an ocean acidification program within NOAA to 
implement activities consistent with the strategic plan, 
including research and long-term monitoring, education and 
outreach, and development of adaptation strategies and 
techniques for conserving marine ecosystems.
  S. 1581 would authorize annual appropriations of $10,000,000 
for FY 2009, $15,000,000 for FY 2010, $20,000,000 for FY 2011, 
$25,000,000 for FY 2012, and $30,000,000 for FY 2013 to carry 
out the purposes of the Act.

                          LEGISLATIVE HISTORY

  S. 1581 was introduced by Senator Lautenberg on June 7, 2007, 
with Senator Cantwell as an original cosponsor. Senators 
Stevens, Kerry, Snowe, Klobuchar, Nelson (FL), and Boxer 
subsequently signed on as cosponsors. The bill was referred to 
the Senate Committee on Commerce, Science, and Transportation. 
On May 10, 2007, the Subcommittee on Oceans, Atmosphere, 
Fisheries, and Coast Guard held a hearing on the effects of 
climate change and ocean acidification on living marine 
resources. H.R. 4174 is a companion bill that was introduced by 
Representative Thomas Allen in the House of Representatives on 
November 14, 2007.
  On December 4, 2007, the Committee considered a manager's 
amendment to S. 1581 in an open executive session. The 
Committee, by voice votes, ordered S. 1581 to be reported 
favorably, as amended. Committee staff assigned to the bill 
include Ann Zulkosky, Democratic Professional Staff, Todd 
Bertoson, Republican Senior Counsel, and Mike Conathan, 
Republican Professional Staff.

                            ESTIMATED COSTS

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                                     March 3, 2008.
Hon. Daniel K. Inouye,
Chairman, Committee on Commerce, Science and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1581, the FOARMAM 
Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Daniel 
Hoople.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

S. 1581--FOARAM Act

    Summary: S. 1581 would authorize appropriations totaling 
$100 million over the 2009-2013 period to establish a program 
within the National Oceanic and Atmospheric Administration 
(NOAA) to conduct research and public outreach on ocean 
acidification. Funding also would be used to establish an 
interagency committee to coordinate such research across the 
federal government. Assuming appropriation of the specified 
amounts, CBO estimates that implementing S. 1581 would cost $84 
million over the 2008-2013 period. Enacting this legislation 
would not affect direct spending or revenues.
    S. 1581 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no cost on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1581 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year in millions of dollars--
                                                                    --------------------------------------------
                                                                       2009     2010     2011     2012     2013
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization level................................................       10       15       20       25       30
Estimated outlays..................................................        6       12       17       22       27
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: S. 1581 would authorize the 
appropriation of $100 million over the 2009-2013 period for 
NOAA and other federal agencies, including the National Science 
Foundation (NSF), the United States Geological Survey (USGS), 
the National Aeronautics and Space Administration (NASA), and 
the Fish and Wildlife Service (FWS), to conduct research and 
public outreach on ocean acidification and its impact on U.S. 
marine resources. At least 50 percent of such funding would be 
used for competitive grants to nonfederal entities. CBO 
estimates that, under its current authority, NOAA spent about 
$5 million for activities related to ocean acidification in 
2007.
    The bill also would establish an interagency committee to 
coordinate research on ocean acidification across the federal 
government. The committee would be chaired by NOAA and would 
include representatives from NSF, USGS, NASA, and FWS.
    Based on historical spending patterns for similar research 
conducted by those agencies, CBO estimates that implementing S. 
1581 would cost $84 million over the 2009-2013 period. This 
estimate assumes that the bill will be enacted by the end of 
fiscal year 2008 and that the amounts authorized by the bill 
will be appropriated for each fiscal year.
    Intergovernmental and private-sector impact: S. 1581 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no cost on state, local, or 
tribal governments.
    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.

                      REGULATORY IMPACT STATEMENT

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

Number of persons covered

  The reported bill would not authorize any new regulations and 
therefore will not subject any individuals or businesses to new 
regulations. The bill would have little, if any, regulatory 
impact.

Economic impact

  The bill, as reported, would authorize annual appropriations 
of $10,000,000 for FY 2009, $15,000,000 for FY 2010, 
$20,000,000 for FY 2011, $25,000,000 for FY 2012, and 
$30,000,000 for FY 2013 to NOAA to carry out the purposes of 
the Act. Of the funds appropriated in any fiscal year, 40 
percent would be allocated to NOAA and 60 percent would be 
allocated to the other departments and agencies that 
participate in the interagency committee to carry out their 
responsibilities under this Act. At least 50 percent of the 
funds available under the Act would be allocated for 
competitive grants. This funding level would not be expected to 
have a significant impact on the nation's economy.

Privacy

  The reported bill would not have any adverse impact on the 
personal privacy of individuals.

Paperwork

  The reported bill would not increase paperwork requirements 
for the private sector. The bill would require two reports from 
the Federal government. The first report would be a strategic 
research and monitoring plan from the interagency committee to 
the Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Natural 
Resources, within 18 months after the enactment of this 
legislation. The second report would also be from the 
interagency committee to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives 
Committee on Natural Resources, not later than 2 years after 
the enactment of this legislation, and every 3 years 
thereafter, on the implementation of the plan, including policy 
recommendations developed from the research program. The 
legislation also would establish a competitive grant program 
consistent with the strategic research and monitoring plan. 
Applicants to this grant program would have to file documents 
to apply for this program.

                   CONGRESSIONALLY DIRECTED SPENDING

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the committee provides that the 
bill does not contain any congressionally directed spending 
items.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short Title; Table of Contents.

  Section 1 would provide that the legislation may be cited as 
the ``Federal Ocean Acidification Research and Monitoring Act 
of 2007'' or as the ``FOARAM Act.''

Section 2. Findings and Purposes.

  This section would recognize the importance of the ocean's 
role in mitigating increases in atmospheric carbon dioxide, the 
impacts and potential consequences of increasing carbon dioxide 
emissions on the oceans, the need for a coordinated research 
and monitoring program to improve the understanding of the 
impacts of ocean acidification on ecosystems, the need to 
understand the socio-economic impact of ocean acidification and 
to develop ocean acidification adaptation strategies and 
techniques for effective marine conservation.

Section 3. Interagency Committee on Ocean Acidification.

  This section would charge the President with establishing a 
new interagency committee or designating an existing 
interagency committee to address ocean acidification. The 
committee would be chaired by NOAA and would coordinate the 
planning, establishment, and implementation of an ocean 
acidification strategic research and implementation plan 
designed to improve the understanding of the effect of 
increased ocean acidification on marine ecosystems. It also 
would require the interagency committee to provide Congress 
with the plan, as well as a triennial report on implementation 
of the plan, including policy recommendations developed as part 
of this research.

Section 4. Strategic Research and Implementation Plan.

  This section would provide details regarding the timeline and 
contents of the strategic research and implementation plan 
developed by the interagency committee for coordinated Federal 
activities. The plan would include goals, priorities, and 
guidelines for interdisciplinary research and activities to 
improve understanding of ocean acidification. The plan would 
provide an estimate of Federal funding required for research 
and monitoring activities, and identify and strengthen relevant 
programs within Federal agencies and departments that would 
contribute to accomplishing the goals of the plan, including 
recommendations for the use of observing systems and 
technological research and development. This section also would 
facilitate the committee's ability to consult with the academic 
community, States, industry, environmental groups, and other 
relevant stakeholders.

Section 5. NOAA Ocean Acidification Program.

  This section would require the Secretary of Commerce to 
establish and maintain an ocean acidification program within 
NOAA to implement activities consistent with the strategic 
plan, including interdisciplinary research, long-term 
monitoring, development of adaptation strategies and 
techniques, education and outreach activities, and coordination 
of research and monitoring with international groups. This 
section also would direct NOAA to use a competitive, merit-
based process to award grants for critical research projects 
relevant to the goals and priorities of the plan, and would 
authorize NOAA to enter into contracts, leases, grants, or 
cooperative agreements to carry out the purposes of the Act.

Section 6. Definitions.

  This section would define the following terms used throughout 
the bill: (1) Committee; (2) Ocean Acidification; (3) Program; 
and (4) Secretary.

Section 7. Authorization of Appropriations.

  This section would authorize annual appropriations of 
$10,000,000 for FY 2009, $15,000,000 for FY 2010, $20,000,000 
for FY 2011, $25,000,000 for FY 2012, and $30,000,000 for FY 
2013 to NOAA to carry out the purposes of the Act. Of the funds 
appropriated in any fiscal year, 40 percent would be allocated 
to NOAA and 60 percent would be allocated in equal amounts to 
the National Science Foundation, the National Aeronautics and 
Space Administration, the United States Geological Survey, and 
the United States Fish and Wildlife Service to carry out their 
responsibilities under this Act. At least 50 percent of the 
funds made available under the Act would be allocated for 
competitive grants.

                        CHANGES IN EXISTING LAW

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, the Committee states that the bill as 
reported would make no change to existing law.

                                  

```