[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.