[House Report 110-749]
[From the U.S. Government Publishing Office]



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 Reported11
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
  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.

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;
                  (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;
                  (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.

                        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.
---------------------------------------------------------------------------
    \1\ Caldeira, K. and Wickett, ME. Nature, 2003. ``Oceanography: 
Anthropogenic carbon and ocean pH'' 2003 Sep 25: 425 (6956):365.
    \2\ Feely, 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.
---------------------------------------------------------------------------
    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 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 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.
---------------------------------------------------------------------------
    \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/sup_jsost_prioritiesplan.html.
---------------------------------------------------------------------------

                          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 processes 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 National 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 Academy 
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 strategic 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 
beginning 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 co-chaired 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 resources, 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, FL\5\ 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 NASA\6\ 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, and any other individual stakeholders 
or groups to ensure the plan will meet their needs for 
information on ocean acidification.
---------------------------------------------------------------------------
    \5\ Kleypas, 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.
    \6\ Ocean 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.
---------------------------------------------------------------------------
    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.
    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).

----------------------------------------------------------------------------------------------------------------
                                                               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.

                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.







   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.
    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.
    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 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 
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 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 calcium-based 
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 requires 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.]
                               Appendix:

                              ----------                              


        H.R. 4174, Section-by-Section Analysis, Amendment Roster





                     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.















 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 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:]
           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 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 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 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.
    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.
    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.]
                               Appendix:

                              ----------                              


                 H.R. 4174 as amended, Amendment Roster





