U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 110TH CONGRESS

2d Session 

REPORT

2008

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 


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(II) 

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 Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

THOMAS CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

JOHN MCCAIN, Arizona 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

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 


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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 


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(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 farreaching, 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. 


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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 longterm 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. 


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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. 


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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. 


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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 comVerDate Aug 31 2005 04:14 May 24, 2008 Jkt 069010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR339.XXX SR339

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petitive, 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. 

Æ 


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