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111th Congress                                            Rept. 111-396
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

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



 
HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS ACT OF 
                                  2009

                                _______
                                

January 13, 2010.--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

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 3650]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science and Technology, to whom was 
referred the bill (H.R. 3650) to establish a National Harmful 
Algal Bloom and Hypoxia Program, to develop and coordinate a 
comprehensive and integrated strategy to address harmful algal 
blooms and hypoxia, and to provide for the development and 
implementation of comprehensive regional action plans to reduce 
harmful algal blooms and hypoxia, 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. Summary of Hearings.............................................8
   V. Committee Actions..............................................10
  VI. Summary of Major Provisions of the Bill........................11
 VII. Section-by-Section Analysis....................................13
VIII. Committee Views................................................16
  IX. Cost Estimate..................................................18
   X. Congressional Budget Office Cost Estimate......................18
  XI. Compliance with Public Law 104-4...............................20
 XII. Comittee Oversight Findings and Recommendations................20
XIII. Statement on General Performance Goals and Objectives..........20
 XIV. Constitutional Authority Statement.............................20
  XV. Federal Advisory Committee Statement...........................20
 XVI. Congressional Accountability Act...............................20
XVII. Earmark Identification.........................................20
XVIII.Statement on Preemption of State, Local, or Tribal Law.........21

 XIX. Changes in Existing Law Made by the Bill, as Reported..........21
  XX. Committee Recommendations......................................28
 XXI. Additional Views...............................................29
XXII. Exchange of Committee Correspondence...........................32
XXIII.Proceedings of the Subcommittee Markup.........................37

XXIV. Proceedings of the Full Committee Markup.......................71

                              I. Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Harmful Algal Blooms and Hypoxia 
Research and Control Amendments Act of 2009''.

SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND 
                    CONTROL ACT OF 1998.

  Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Harmful Algal Bloom and 
Hypoxia Research and Control Act of 1998 (16 U.S.C. 1451 note).

SEC. 3. DEFINITIONS.

  (a) Amendment.--The Act is amended by inserting after section 602 the 
following:

``SEC. 602A. DEFINITIONS.

  ``In this title:
          ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
          ``(2) Program.--The term `Program' means the National Harmful 
        Algal Bloom and Hypoxia Program established under section 603A.
          ``(3) Under secretary.--The term `Under Secretary' means the 
        Under Secretary of Commerce for Oceans and Atmosphere.''.
  (b) Table of Contents Amendment.--The table of contents in section 2 
of the Coast Guard Authorization Act of 1998 is amended by adding after 
the item relating to section 602 the following new item:

``Sec. 602A. Definitions.''.

SEC. 4. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

  (a) Amendment.--The Act is amended by inserting after section 603 the 
following:

``SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

  ``(a) In General.--Except as provided in subsection (d), the Under 
Secretary, through the Task Force established under section 603(a), 
shall establish and maintain a National Harmful Algal Bloom and Hypoxia 
Program pursuant to this section.
  ``(b) Duties.--The Under Secretary, through the Program, shall 
utilize the resources of the Task Force to--
          ``(1) develop and promote a national strategy to understand, 
        detect, predict, control, mitigate, and respond to marine and 
        freshwater harmful algal bloom and hypoxia events;
          ``(2) ensure the coordination of all Federal programs that 
        address marine and freshwater harmful algal blooms and hypoxia, 
        and other ocean and Great Lakes science and management programs 
        and centers that address the chemical, biological, and physical 
        components of marine and freshwater harmful algal blooms and 
        hypoxia;
          ``(3) coordinate and work cooperatively with State, tribal, 
        and local government agencies and programs that address marine 
        and freshwater harmful algal blooms and hypoxia;
          ``(4) identify additional research, development, and 
        demonstration needs and priorities relating to monitoring, 
        prediction, prevention, control, mitigation, and response to 
        marine and freshwater harmful algal blooms and hypoxia;
          ``(5) encourage international information sharing and 
        research efforts on marine and freshwater harmful algal blooms 
        and hypoxia, and encourage international mitigation, control, 
        and response activities;
          ``(6) ensure the development and implementation of methods 
        and technologies to protect the ecosystems affected by marine 
        and freshwater harmful algal blooms;
          ``(7) coordinate an education program that integrates and 
        augments existing programs to improve public understanding and 
        awareness of the causes, impacts, and mitigation efforts for 
        marine and freshwater harmful algal blooms and hypoxia;
          ``(8) assist in regional, State, tribal, and local efforts to 
        develop and implement appropriate marine and freshwater harmful 
        algal bloom and hypoxia response plans, strategies, and tools;
          ``(9) provide resources for and assist in the training of 
        State, tribal, and local water and coastal resource managers in 
        the methods and technologies for monitoring, controlling, 
        mitigating, and responding to the effects of marine and 
        freshwater harmful algal blooms and hypoxia events;
          ``(10) oversee the development, implementation, review, and 
        periodic updating of the Regional Research and Action Plans 
        under section 603B; and
          ``(11) administer peer-reviewed, merit-based competitive 
        grant funding to support--
                  ``(A) the projects maintained and established by the 
                Program; and
                  ``(B) the research and management needs and 
                priorities identified in the Regional Research and 
                Action Plans.
  ``(c) Cooperative Efforts.--The Under Secretary shall work 
cooperatively and avoid duplication of efforts with other offices, 
centers, and programs within the National Oceanic and Atmospheric 
Administration and other agencies represented on the Task Force 
established under section 603(a), States, tribes, and nongovernmental 
organizations concerned with marine and freshwater aquatic issues 
related to harmful algal blooms and hypoxia.
  ``(d) Freshwater Program.--With respect to the freshwater aspects of 
the Program, the Under Secretary and the Administrator shall jointly 
carry out the duties otherwise assigned to the Under Secretary under 
this section and section 603B, including each of the programs 
identified in subsection (e)(1) and (2). The Administrator's 
participation under this subsection shall include--
          ``(1) research on the ecology of freshwater harmful algal 
        blooms;
          ``(2) monitoring and event response of freshwater harmful 
        algal blooms in lakes, rivers, estuaries (including their 
        tributaries), and reservoirs; and
          ``(3) mitigation and control of freshwater harmful algal 
        blooms.
  ``(e) National Oceanic and Atmospheric Administration Programs.--
          ``(1) Existing programs.--The Under Secretary shall maintain 
        and enhance the following existing competitive programs:
                  ``(A) The Ecology and Oceanography of Harmful Algal 
                Blooms Program.
                  ``(B) The Monitoring and Event Response for Harmful 
                Algal Blooms Program.
                  ``(C) The Northern Gulf of Mexico Ecosystems and 
                Hypoxia Assessment Program.
                  ``(D) The Coastal Hypoxia Research Program.
                  ``(E) The Prevention, Control, and Mitigation of 
                Harmful Algal Blooms Program.
          ``(2) New programs.--The Under Secretary shall establish the 
        following new programs:
                  ``(A) An Event Response Program to coordinate and 
                enhance, at the request of the States, marine and 
                freshwater harmful algal blooms and hypoxia events 
                response activities.
                  ``(B) An Infrastructure Program to--
                          ``(i) increase availability of--
                                  ``(I) analytical facilities and 
                                technologies;
                                  ``(II) operational forecasts; and
                                  ``(III) reference and research 
                                materials;
                          ``(ii) improve integration of harmful algal 
                        bloom activities with existing monitoring and 
                        observational programs; and
                          ``(iii) enhance communication and 
                        coordination required to meet the purposes of 
                        this Act.
  ``(f) Action Strategy.--
          ``(1) In general.--Not later than 12 months after the date of 
        enactment of the Harmful Algal Blooms and Hypoxia Research and 
        Control Amendments Act of 2009, the Under Secretary, through 
        the Task Force established under section 603(a), shall transmit 
        to the Congress an action strategy that identifies--
                  ``(A) the specific activities to be carried out by 
                the Program and the timeline for carrying out such 
                activities; and
                  ``(B) the roles and responsibilities of each Federal 
                agency in the Task Force established under section 
                603(a) in carrying out Program activities.
          ``(2) Federal register.--The Under Secretary shall publish 
        the action strategy in the Federal Register.
          ``(3) Periodic revision.--The Under Secretary shall 
        periodically review and revise the action strategy prepared 
        under this subsection as necessary.
  ``(g) Report.--Every 2 years after the submission of the action 
strategy, the Under Secretary shall prepare and transmit to the 
Congress a report that describes--
          ``(1) the activities carried out under the Program and the 
        budget related to these activities;
          ``(2) the progress made on implementing the action strategy; 
        and
          ``(3) the need to revise or terminate activities or projects 
        under the Program.''.
  (b) Table of Contents Amendment.--The table of contents in section 2 
of the Coast Guard Authorization Act of 1998 is amended by adding after 
the item relating to section 603 the following new item:

``Sec. 603A. National Harmful Algal Bloom and Hypoxia Program.''.

SEC. 5. REGIONAL RESEARCH AND ACTION PLANS.

  (a) Amendment.--The Act is amended by inserting after section 603A 
the following:

``SEC. 603B. REGIONAL RESEARCH AND ACTION PLANS.

  ``(a) In General.--The Under Secretary, through the Task Force 
established under section 603(a), shall--
          ``(1) identify the appropriate regions and subregions to be 
        addressed by each Regional Research and Action Plan; and
          ``(2) oversee the development and implementation of the 
        Regional Research and Action Plans.
  ``(b) Contents.--The Plans developed under this section shall 
identify--
          ``(1) regional priorities for ecological, economic, and 
        social research on issues related to the impacts of harmful 
        algal blooms and hypoxia;
          ``(2) research, development, and demonstration activities 
        needed to develop and advance technologies and techniques for 
        minimizing the occurrence of harmful algal blooms and hypoxia 
        and improving capabilities to prevent, predict, monitor, 
        control, and mitigate harmful algal blooms and hypoxia;
          ``(3) ways to reduce the duration and intensity of harmful 
        algal blooms and hypoxia, including in times of emergency;
          ``(4) research and methods to address human health dimensions 
        of harmful algal blooms and hypoxia;
          ``(5) mechanisms, including the potential costs and benefits 
        of those mechanisms, to protect vulnerable ecosystems that 
        could be or have been affected by harmful algal blooms and 
        hypoxia events;
          ``(6) mechanisms by which data, information, and products are 
        transferred between the Program and State, tribal, and local 
        governments and relevant research entities;
          ``(7) communication, outreach, and information dissemination 
        methods that State, tribal, and local governments and 
        stakeholder organizations can undertake to educate and inform 
        the public concerning harmful algal blooms and hypoxia; and
          ``(8) the roles that Federal agencies can play to assist in 
        the implementation of the Plan.
  ``(c) Building on Available Studies and Information.--In developing 
the Plans under this section, the Under Secretary shall--
          ``(1) utilize and build on existing research, assessments, 
        and reports, including those carried out pursuant to existing 
        law and other relevant sources; and
          ``(2) consider the impacts, research, and existing program 
        activities of all United States coastlines and fresh and inland 
        waters, including the Great Lakes, the Chesapeake Bay, and 
        estuaries and tributaries.
  ``(d) Development of Plans.--The Under Secretary shall develop Plans 
under this section with assistance from the individuals and entities 
described in subsection (g).
  ``(e) Plan Timeline and Updates.--The Under Secretary, through the 
Task Force established under section 603(a), shall ensure that the 
Plans developed under this section are completed not later than 24 
months after the date of enactment of the Harmful Algal Blooms and 
Hypoxia Research and Control Amendments Act of 2009, and updated once 
every 5 years thereafter.
  ``(f) Reports.--Not later than 6 months after the completion of each 
Regional Research and Action Plan, the Under Secretary shall transmit 
to the Congress a report that provides a summary of such Plan, and once 
every 30 months after the completion of such Plan, the Under Secretary 
shall transmit to the Congress a report that describes--
          ``(1) the activities taken to implement the Plan, including a 
        description of research funded and actions and outcomes of Plan 
        response strategies carried out; and
          ``(2) Federal funding provided to implement the Plan.
  ``(g) Coordination and Consultation.--In developing the Plans under 
this section, as appropriate, the Under Secretary--
          ``(1) shall coordinate with State coastal management and 
        planning officials;
          ``(2) shall coordinate with tribal resource management 
        officials;
          ``(3) shall coordinate with water management and watershed 
        officials from both coastal States and noncoastal States with 
        water sources that drain into water bodies affected by harmful 
        algal blooms and hypoxia; and
          ``(4) shall consult with--
                  ``(A) public health officials;
                  ``(B) emergency management officials;
                  ``(C) science and technology development 
                institutions;
                  ``(D) economists;
                  ``(E) industries and businesses affected by marine 
                and freshwater harmful algal blooms and hypoxia;
                  ``(F) scientists, with expertise concerning harmful 
                algal blooms or hypoxia, from academic or research 
                institutions; and
                  ``(G) other stakeholders.''.
  (b) Table of Contents Amendment.--The table of contents in section 2 
of the Coast Guard Authorization Act of 1998 is amended by adding after 
the item relating to section 603A, as added by section 4(b) of this 
Act, the following new item:

``Sec. 603B. Regional research and action plans.''.

SEC. 6. NORTHERN GULF OF MEXICO HYPOXIA.

  Section 604 is amended to read as follows:

``SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

  ``(a) Task Force Initial Progress Reports.--Not later than 12 months 
after the date of enactment of the Harmful Algal Blooms and Hypoxia 
Research and Control Amendments Act of 2009, the Administrator, through 
the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, 
shall complete and transmit to the Congress and the President a report 
on the progress made by Task Force-directed activities toward 
attainment of the coastal goal of the 2008 Gulf Hypoxia Action Plan.
  ``(b) Task Force 2-Year Progress Reports.--After the initial report 
required under subsection (a), the Administrator, through the Task 
Force, shall complete and transmit to Congress and the President a 
report every 2 years thereafter on the progress made by Task Force-
directed activities toward attainment of the coastal goal of the 2008 
Gulf Hypoxia Action Plan.
  ``(c) Contents.--The reports required by this section shall assess 
progress made toward nutrient load reductions, the response of the 
hypoxic zone and water quality throughout the Mississippi/Atchafalaya 
River Basin, and the economic and social effects. The reports shall--
          ``(1) include an evaluation of how current policies and 
        programs affect management decisions, including those made by 
        municipalities and industrial and agricultural producers;
          ``(2) evaluate lessons learned; and
          ``(3) recommend appropriate actions to continue to implement 
        or, if necessary, revise the strategy set forth in the 2008 
        Gulf Hypoxia Action Plan.''.

SEC. 7. PACIFIC NORTHWEST, ESTUARIES, AND PUGET SOUND HYPOXIA.

  (a) Amendment.--The Act is amended by inserting after section 604 the 
following:

``SEC. 604A. PACIFIC NORTHWEST, ESTUARIES, AND PUGET SOUND HYPOXIA.

  ``(a) Assessment Report.--Not later than 12 months after the date of 
enactment of this Act, the Task Force established under section 603 
shall complete and submit to Congress and the President an integrated 
assessment of hypoxia in the coastal and estuarine waters of the 
Pacific Northwest that examines the status of current research, 
monitoring, prevention, response, and control efforts.
  ``(b) Plan.--Not later than 2 years after the date of enactment of 
this Act, such Task Force shall develop and submit to Congress a plan, 
based on the integrated assessment submitted under subsection (a), for 
reducing, mitigating, and controlling hypoxia in the coastal and 
estuarine waters of the Pacific Northwest. In developing such plan, the 
Task Force shall consult with State, Indian tribe, and local 
governments, and academic, agricultural, industry, and environmental 
groups and representatives. Such plan shall include incentive-based 
partnership approaches. The plan shall also address the social and 
economic costs and benefits of the measures for reducing, mitigating, 
and controlling hypoxia. At least 90 days before submission of such 
plan to the Congress, a summary of the proposed plan shall be published 
in the Federal Register. After submission of the plan, the Task Force 
shall provide progress reports on the activities toward attainment of 
the goals set forth in the plan reduce, mitigate, and control hypoxia 
in the coastal and estuarine waters of the Pacific Northwest every 2 
years.''.
  (b) Table of Contents Amendment.--The table of contents in section 2 
of the Coast Guard Authorization Act of 1998 is amended by adding after 
the item relating to section 604 the following new item:

``Sec. 604A. Pacific Northwest, estuaries, and Puget Sound hypoxia.''.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

  Section 605 is amended to read as follows:

``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

  ``There are authorized to be appropriated--
          ``(1) to the Under Secretary to carry out sections 603A and 
        603B, $35,000,000 for each of fiscal years 2010 through 2014, 
        of which, for each fiscal year--
                  ``(A) up to $3,000,000 shall be for the development 
                of the Regional Research and Action Plans and the 
                reports required by sections 604 and 604A;
                  ``(B) $3,000,000 shall be for the research and 
                assessment activities related to marine and freshwater 
                harmful algal blooms at research laboratories of the 
                National Oceanic and Atmospheric Administration;
                  ``(C) $8,000,000 shall be used to carry out the 
                Ecology and Oceanography of Harmful Algal Blooms 
                Program (ECOHAB);
                  ``(D) $5,500,000 shall be used to carry out the 
                Monitoring and Event Response for Harmful Algal Blooms 
                Program (MERHAB);
                  ``(E) $1,500,000 shall be used to carry out the 
                Northern Gulf of Mexico Ecosystems and Hypoxia 
                Assessment Program (NGOMEX);
                  ``(F) $5,000,000 shall be used to carry out the 
                Coastal Hypoxia Research Program (CHRP);
                  ``(G) $5,000,000 shall be used to carry out the 
                Prevention, Control, and Mitigation of Harmful Algal 
                Blooms Program (PCM);
                  ``(H) $1,000,000 shall be used to carry out the Event 
                Response Program; and
                  ``(I) $3,000,000 shall be used to carry out the 
                Infrastructure Program; and
          ``(2) to the Administrator to carry out sections 603A and 
        603B, $6,000,000 for each of fiscal years 2010 through 2014, of 
        which up to $3,000,000 for each fiscal year shall be for 
        participation in carrying out section 603A(e), as described in 
        section 603A(d).''.

                        II. Purpose of the Bill

    The purpose of this bill is to establish a National Harmful 
Algal Bloom and Hypoxia Program to develop and coordinate a 
comprehensive and integrated strategy to address harmful algal 
blooms and hypoxia, and to provide for the development and 
implementation of regional action plans to reduce harmful algal 
blooms and hypoxia.

              III. Background and Need for the Legislation

    Harmful algal blooms (HABs) and hypoxia (severe depletion 
of oxygen) are one of the most scientifically complex and 
economically significant coastal management issues facing the 
nation. In the past, few regions of the U.S. were affected by 
HABs. Now, all U.S. coastal regions have reported major blooms 
and hypoxic events. These phenomena have devastating 
environmental, economic, and human health impacts. Impacts 
include human illness and mortality following direct 
consumption or indirect exposure to toxic shellfish or toxins 
in the environment; economic hardship for coastal economies, 
many of which are highly dependent on tourism or harvest of 
local seafood; as well as dramatic fish, bird, and mammal 
mortalities. There are also devastating impacts to ecosystems, 
leading to environmental damage that may reduce the ability of 
those systems to sustain species due to habitat degradation, 
increased susceptibility to disease, and long-term alterations 
to community structure.
    Scientific understanding of harmful algal blooms and 
hypoxic events has improved significantly since the early 
1990s. However, there is a need for additional efforts in 
monitoring, prevention, control and mitigation of these complex 
phenomena. Practical and innovative approaches to address 
hypoxia and HABs in U.S. waters are essential for management of 
aquatic ecosystems and to fulfill a stronger investment in the 
health of the coasts, oceans, and waterways.
    Recognizing this need, in 2004 Congress reauthorized and 
expanded the Harmful Algal Bloom and Hypoxia Research and 
Control Act of 1998 (Public Law 105-383) by passing the Harmful 
Algal Bloom and Hypoxia Amendments Act of 2004 (Public Law 108-
456). The 1998 Harmful Algal Bloom and Hypoxia Research and 
Control Act (HABHRCA) established an Interagency Task Force to 
develop a national HABs assessment and authorized funding for 
existing and new research programs on HABs. These programs 
involve federal, state, and academic partners and support 
interdisciplinary extramural research studies to address the 
issues of HABs in an ecosystem context. HABHRCA, reauthorized 
in 2004, required assessments of HABs in different coastal 
regions and the Great Lakes and plans to expand research to 
address the impacts of HABs. The law also authorized research, 
education, and monitoring activities related to the prevention, 
reduction, and control of harmful algal blooms and hypoxia, and 
reconstituted the Interagency Task Force on HABs and Hypoxia.
    The 2004 reauthorization also directed NOAA to produce 
several reports and assessments in addition to authorizing 
funding for both new and existing programs and activities. The 
Prediction and Response Report, released in September 2007, 
addresses both the state of research and methods for HAB 
prediction and response, especially at the federal level. The 
National Scientific Research, Development, Demonstration, and 
Technology Transfer Plan for Reducing Impacts from Harmful 
Algal Blooms (RDDTT Plan) establishes research priorities to 
develop and demonstrate prevention, control and mitigation 
methods to advance current prediction and response 
capabilities. The law also required development of local and 
regional Scientific Assessment of Hypoxia and a Scientific 
Assessment of Harmful Algal Blooms.
    The HABHRCA authorized funds were directed to conduct 
research and seek to control HABs and hypoxia in U.S. marine 
waters, estuaries and the Great Lakes. The 2004 reauthorization 
also required a report on The Scientific Assessment of 
Freshwater Harmful Algal Blooms that describes the state of 
knowledge of HABs in U.S. inland and freshwaters, and presents 
a plan to advance research and reduce the impacts on humans and 
the environment. There is a continued need to research and 
respond to HABs in marine waters, the Great Lakes, and in 
inland waterways, such as rivers, lakes and reservoirs.
    The Environmental Protection Agency (EPA) oversees a wide 
array of programs specifically designed to protect and preserve 
the coastal and marine waters of the United States, including 
watershed protection programs working through partnerships and 
an array of regulatory programs. In conjunction with its 
statutory responsibilities to ensure water quality under the 
Clean Water Act and the Safe Drinking Water Act, EPA has a 
program of research and development on water treatment 
technologies, health effects of water pollutants, security from 
deliberate contamination, and watershed protection.
    EPA and the National Oceanic and Atmospheric Administration 
(NOAA) are co-leads of a Federal Workgroup of thirteen federal 
agencies committed to supporting the Gulf of Mexico Alliance, a 
partnership formed by the five Gulf State Governors. In 
addition, EPA is also a participating member of the Mississippi 
River/Gulf of Mexico Watershed Nutrient Task Force. However, at 
present, there is a lack of significant federal research and 
development aimed at addressing freshwater HABs. Because of the 
agency's complementary work on inland water ecosystems, the EPA 
is a logical federal entity to partner with NOAA to develop and 
implement a research, development, and demonstration program to 
address freshwater harmful algal blooms and hypoxia through 
research, monitoring, prevention, mitigation, and control. As 
the lead agency with oversight over freshwater quality, the EPA 
should ensure the protection of aquatic ecosystems to protect 
human health, support economic and recreational activities, and 
provide healthy habitat for fish, plants, and wildlife by 
conducting research to develop HAB prevention, control and 
mitigation technologies.
    Addressing the many dimensions of HABs requires a 
coordinated multi-agency approach, and there are presently a 
number of programs and agencies that address the various 
aspects of HABs. However, there is a need to expand Harmful 
Algal Blooms research to include both marine and freshwaters. 
The reauthorization of the HABHRCA should address both marine 
and freshwater blooms and hypoxia by building upon and 
utilizing the findings and results of various reports and 
assessments to formulate national and regional action 
strategies.

                        IV. Summary of Hearings

    The Committee on Science and Technology Subcommittee on 
Energy and Environment held two hearings on harmful algal 
blooms and hypoxia.
    The first hearing was held in the 110th Congress on 
Thursday, July 10, 2008. The hearing, entitled Harmful Algal 
Blooms: The Challenges on the Nation's Coastline, examined 
Harmful Algal Blooms (HABs) recent trends and impacts on the 
coast, ocean, and Great Lakes. The purpose of the hearing was 
to discuss the challenges harmful algal blooms and red tide 
events impose on the coastlines and in marine and fresh waters. 
The hearing also examined the current research on the microbial 
bloom ecology as well as the options for prevention, control, 
and mitigation. In addition, the hearing focused on the state 
of the science and recent trends on an international level as 
it relates to national and global changes. The invited panel of 
witnesses was asked to comment on the National Plan for Algal 
Toxins and Harmful Algal Blooms, and how the plan will affect 
our nation's ability to control the HABs problem. The witnesses 
included:
    Dr. Robert Magnien, Director of the Center for Sponsored 
Coastal Ocean Research in the National Oceanic and Atmospheric 
Administration, NOAA, discussed the current state of federally 
funded HABs research at NOAA, as well as options for 
prevention, control, and mitigation, and the National Plan for 
Algal Toxins and Harmful Algal Blooms.
    Dr. Donald Anderson, Senior Scientist and Director of the 
Coastal Ocean Institute at Woods Hole Oceanographic 
Institution, discussed the current research on the ecology of 
the blooms of microorganisms on both the east and west coasts. 
He also discussed the issue and the state of the science on an 
international level, as well as commented on the National Plan 
for Algal Toxins and Harmful Algal Blooms.
    Dr. H. Kenneth Hudnell, Vice President and Director of 
Science at SolarBee Inc., discussed the challenges and impacts 
of harmful algal blooms, specifically in fresh water. SolarBee 
is a solar-powered technology to improve water quality through 
high-flow, long-distance circulation. He also discussed the 
applications of new technologies for prevention and control of 
biotoxins in water.
    Mr. Dan Ayres, Coastal Shellfish Manager and Lead Biologist 
at the Washington State Department of Fish and Wildlife Region 
Six Office, discussed the challenges harmful algal blooms and 
red tide events impose on the coastlines. He also discussed the 
impacts of harmful algal blooms on beach closures, tourism, 
human health, and the science behind these toxins.
    The Energy and Environment Subcommittee held a second 
hearing in the 111th Congress on September 17, 2009 to receive 
testimony on Harmful Algal Blooms and Hypoxia research and 
response needs, and to receive testimony on the Committee Print 
entitled the Harmful Algal Blooms and Hypoxia Research and 
Control Act of 2009. The Subcommittee heard from the following 
witnesses:
    Dr. Robert Magnien, Director of the Center for Sponsored 
Coastal Ocean Research, National Oceanic and Atmospheric 
Administration (NOAA). Dr. Robert Magnien discussed NOAA's 
current HABs and hypoxia activities, as well as the need to 
implement national and regional plans to address both marine 
and fresh water blooms and hypoxia events. Dr. Magnien 
expressed the NOAA's concerns over the draft bills apparent 
omission of current NOAA programs such as the Ecology and 
Oceanography of Harmful Algal Blooms Program (ECOHAB); the 
Monitoring and Event Response for Harmful Algal Blooms Program 
(MERHAB); the Northern Gulf of Mexico Ecosystems and Hypoxia 
Assessment Program (NGOMEX); the Coastal Hypoxia Research 
Program (CHRP); and the Prevention, Control, and Mitigation of 
Harmful Algal Blooms Program (PCM). He also recommended 
establishing two new programs: an Event Response Program and an 
Infrastructure Program.
    Ms. Suzanne E. Schwartz, Acting Director of the Office of 
Wetlands, Oceans, and Watersheds, U.S. Environmental Protection 
Agency (EPA). Ms. Suzanne E. Schwartz discussed EPA's current 
hypoxia activities focused on reduction of nutrient loading in 
the Gulf of Mexico. Ms. Schwartz suggested the legislation 
provide EPA more direction in its role in the National Harmful 
Algal Blooms and Hypoxia Program and as it relates to 
freshwater HABs.
    Mr. Dan Ayres, Coastal Shellfish Manager and Lead Biologist 
at the Washington State Department of Fish and Wildlife Region 
Six Office discussed the impacts HABs and hypoxia events impose 
on the west coast. He also highlighted the ongoing research and 
need for response and implementation plans regarding HABs and 
hypoxia for prevention, control, and mitigation on the west 
coast.
    Dr. Donald Anderson, Senior Scientist and Director of the 
Coastal Ocean Institute at Woods Hole Oceanographic Institution 
discussed the impacts of HABs and hypoxia on U.S. coasts and 
oceans and how they have evolved over the past several years. 
He emphasized the need for more research, as well as 
implementation plans that improve monitoring, prevention, 
control, mitigation and response.
    Dr. Greg L. Boyer, Professor of Biochemistry, State 
University of New York College of Environmental Science and 
Forestry and Director of the Great Lakes Research Consortium, 
discussed the science behind freshwater harmful algal blooms, 
as well as the impacts of HABs and hypoxia on inland and fresh 
waters, and the research and implementation needs to respond to 
freshwater HABs events.
    Dr. Anderson and Dr. Boyer also suggested the legislation 
include the existing NOAA programs as well as create two new 
programs and provide more explicit direction to EPA. They also 
expressed concerns about the overlapping timelines for the 
action strategy and the regional research and action plans and 
requested a less aggressive timeline to allow adequate time for 
completion.
    Dr. Donald Scavia, Graham Family Professor of Environmental 
Sustainability and Professor of Natural Resources and 
Environment, University of Michigan discussed the impacts of 
HABs and hypoxia on the Great Lakes and Chesapeake Bay areas, 
as well as the needs for an implementation strategy for hypoxia 
in the Northern Gulf of Mexico and Mississippi River. Dr. 
Scavia noted the importance for accountability and suggested 
the Gulf of Mexico timelines be more aggressive.

                          V. Committee Actions

    On September 25, 2009, Representative Brian Baird of 
Washington, for himself and Representatives Ehlers of Michigan, 
Mack of Florida, Castor of Florida, Kratovil of Maryland, and 
Delahunt of Massachusetts introduced H.R. 3650, the Harmful 
Algal Blooms and Hypoxia Research and Control Amendments Act of 
2009. The bill was referred to the Committee on Science and 
Technology and the Committee on Natural Resources.
    The Subcommittee on Energy and Environment met to consider 
H.R. 3650, the Harmful Algal Blooms and Hypoxia Research and 
Control Amendments Act of 2009 on September 30, 2009. The 
Subcommittee considered the following amendments:
    Subcommittee Chairman Baird and Mr. Ehlers of Michigan 
offered a managers amendment making several technical and 
clarifying changes and alters certain reporting requirements. 
The amendment was agreed to by a voice vote.
    Ms. Edwards of Maryland offered an amendment, to amend 
Section 5 (``Regional Research Action Plans'') to require that 
the Under Secretary ``consider the impacts, research, and 
existing program activities of all United States coastlines and 
fresh and inland waters, including the Great Lakes, the 
Chesapeake Bay, and estuaries and tributaries'' in developing 
the Regional Research Action Plans. The amendment was agreed to 
by a voice vote.
    Mr. Baird moved that the Subcommittee favorably report H.R. 
3650 to the full Committee on Science and Technology as 
amended. The motion was agreed to by a voice vote.
    The Committee on Science and Technology met to consider 
H.R. 3650, the Harmful Algal Blooms and Hypoxia Research and 
Control Amendments Act of 2009, on October 7, 2009. The 
Committee considered the following amendments:
    Mr. Baird and Mr. Ehlers offered a manager's amendment that 
made several technical and clarifying changes and amended 
Section 4 to require the Administrator of EPA to include 
research, monitoring, event response, mitigation, and control 
activities related to freshwater harmful algal blooms. The 
amendment also made adjustments to the Authorization of 
Appropriation section to include NOAA internal research 
funding. The amendment was agreed to by voice vote.
    Mr. Hall offered an amendment to prohibit anything in the 
Act from being construed to require that that state, tribal, 
and local governments take any action that will result in 
increased financial burden to such government. The amendment 
failed by a roll call vote.
    Mr. Smith offered an amendment to require that the Regional 
Research and Action plans be developed at the request of the 
states. The amendment failed by a roll call vote.
    Mr. Broun offered an amendment to require that no funds 
under this Act could be used for lobbying the legislative or 
executive branches of the Federal, State, or local governments 
and no funds may be awarded to any entity if that entity or any 
employee of that entity has been charged by any Federal, State, 
or local government agency with fraud, waste, abuse of 
government funds, or any illegal activities. The amendment was 
withdrawn.
    H.R. 3650, as amended, was agreed to by voice vote.
    Mr. Gordon moved that the Committee favorably report H.R. 
3650, as amended, to the House with the recommendation that the 
bill does pass. The motion was agreed to by voice vote.

              VI. Summary of Major Provisions of the Bill

    The Harmful Algal Blooms and Hypoxia Research and Control 
Amendments Act of 2009, as amended, would establish and 
maintain a National Harmful Algal Bloom and Hypoxia Program. 
The program will be led by the National Oceanic and Atmospheric 
Administration (NOAA), as chair of the Task Force established 
in the 1998 HABHRCA. H.R. 3650 directs the Under Secretary to 
utilize the resources of the Task Force to ensure the Program: 
1) develops a national strategy to address both marine and 
freshwater HABs and hypoxia; 2) coordinates all Federal 
programs related to HABs and hypoxia; 3) works with State, 
tribal, and local government agencies; 4) identifies additional 
research needs and priorities; 5) encourages international 
research efforts on HABs and hypoxia; 6) develops and 
implements methods and technologies to protect ecosystems 
damaged by HABs; 7) coordinates an education program to improve 
public understanding; 8) assist in regional, State, tribal, and 
local efforts to implement response plans, strategies, and 
tools; 9) provides resources for training of State, tribal and 
local water and coastal resource managers; 10) oversees the 
updating of the Regional Research and Action Plans; and 11) 
administers peer-reviewed, merit-based competitive grant 
funding. In addition, the Act directs the Under Secretary to 
work cooperatively and avoid duplication of efforts with other 
offices, centers, and programs within NOAA, as well as with 
States, tribes, stakeholder organizations, and other agencies 
represented on the Task Force.
    The bill directs the Under Secretary and the Administrator 
of the Environmental Protection Agency to jointly carry out the 
duties for the freshwater aspects of the Program. The 
Administrator of EPA is mandated to participate in the research 
of the existing and new programs to research the ecology of 
freshwater harmful algal blooms; monitoring and event response 
activities of freshwater harmful algal blooms; and mitigation 
and control efforts of freshwater harmful algal blooms. The 
bill directs NOAA to maintain and enhance the existing five 
competitive programs: the Ecology and Oceanography of Harmful 
Algal Blooms Program (ECOHAB); the Monitoring and Event 
Response for Harmful Algal Blooms Program (MERHAB); the 
Northern Gulf of Mexico Ecosystems and Hypoxia Assessment 
Program (NGOMEX); the Coastal Hypoxia Research Program (CHRP); 
and the Prevention, Control, and Mitigation of Harmful Algal 
Blooms Program (PCM) and establish two new programs: an Event 
Response Program and an Infrastructure Program. The bill also 
requires the Under Secretary to transmit to Congress an action 
strategy that outlines the specific activities to be carried 
out by the Program, a timeline for such activities, and the 
programmatic roles of each Federal agency in the Task Force. 
The action strategy shall be published in the Federal Register 
and be periodically revised by the Under Secretary.
    H.R. 3650 directs the Under Secretary, through the Task 
Force, to oversee the development and implementation of 
Regional Research and Action Plans, and identify the 
appropriate regions and sub-regions to be addressed by each 
Plan. The bill outlines some content the Plans should identify, 
including: (1) regional priorities for ecological, economic, 
and social research related to the impacts of HABs and hypoxia; 
(2) research, development, and demonstration activities to 
advance technologies and techniques for minimizing the 
occurrence and address the impacts of HABs and hypoxia; (3) 
ways to reduce the duration and intensity of HABs events; (4) 
research and methods to address the impacts of HABs on human 
health; (5) mechanisms and the potential costs of these 
mechanisms to protect vulnerable ecosystems that could be or 
have been affected by HABs; (6) mechanisms by which data is 
transferred between the Program and State, tribal, and local 
governments and relevant research entities; (7) communication, 
outreach, and dissemination methods used to educate and inform 
the public; and (8) the roles that Federal agencies can play to 
assist implementation of the Plan.
    The bill explicitly directs the utilization of existing 
research, assessments, and reports and considers the impacts in 
all waterways, including the Chesapeake Bay in the development 
of the Plans. The bill also provides a list of individuals and 
entities that the Under Secretary shall work with to develop 
the Plans. The bill also requires that the Plans be completed 
within a 2-year period after the date of enactment and updated 
once every 5 years. Furthermore, H.R. 3650 requires that the 
Under Secretary submit a report to Congress that provides a 
summary of each Plan not later than 6 months after the 
completion of each Regional Research and Action Plan and once 
every 30 months after the completion of the Plans, report on 
the activities taken to implement the Plans.
    H.R. 3650 directs the Administrator, through the 
Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, 
to transmit a report to Congress and the President on the 
progress made toward attainment of the coastal goals of the 
2008 Gulf Hypoxia Action Plan. The initial report is required 
no later than 12 months after the date of enactment and every 2 
years thereafter. The reports are required to assess progress 
made toward nutrient load reductions, the response of the 
hypoxia zone and water quality throughout the Mississippi/
Atchafalaya River Basin and the economic and social effects. 
The bill also directs the Interagency Task Force to transmit an 
assessment report to Congress and the President within 12 
months of the enactment of the Act and a plan within 2 years to 
address hypoxia in the coastal and estuarine waters of the 
Pacific Northwest by examining the current research, 
monitoring, prevention, response, and control efforts
    H.R. 3650 provides an authorization of $35,000,000 each of 
the fiscal years 2010 through 2014 to the Under Secretary to 
carry out the Program, of which $3M is authorized in each of 
the fiscal years for the development of the Regional Research 
and Action Plans; $3M for research activities at the 
laboratories of NOAA; $8M for ECOHAB; $5.5M for MERHAB; $1.5M 
for NGOMEX; $5M for CHRP; $5M for PCM; $1M for the Event 
Response Program; and $3M for the Infrastructure Program. The 
bill also provides an authorization of $6,000,000 in each of 
the fiscal years 2010 through 2014 to the Administrator for the 
freshwater HABs activities of Program, of which up to $3M is 
mandated for participation in the existing and new programs 
outlined in previous sections of the Act.

                    VII. Section-by-Section Analysis

    Purpose: To establish a National Harmful Algal Bloom and 
Hypoxia Program, to develop and coordinate a comprehensive 
strategy to address harmful algal blooms and hypoxia and to 
provide for the development and implementation of comprehensive 
regional action plans to reduce harmful algal blooms and 
hypoxia.

Section 1. Short title

    The Harmful Algal Blooms and Hypoxia Research and Control 
Amendments Act of 2009.

Section 2. Amendment of Harmful Algal Bloom and Hypoxia Research and 
        Control Act of 1998

    Explains that the text the bill modifies is the Harmful 
Algal Bloom and Hypoxia Research and Control Act of 1998, 
unless otherwise expressly stated.

Section 3. Definitions

    Provides definitions for the Act, including: Administrator 
of the Environmental Protection Agency; the National Harmful 
Algal Bloom and Hypoxia Program; and the Under Secretary of 
Commerce for Oceans and Atmosphere; and Amends the Table of 
Contents.

Section 4. National Harmful Algal Bloom and Hypoxia Program

    Directs the Under Secretary of Commerce for Oceans and 
Atmosphere to utilize the resources of the Task Force to 
establish and maintain a National Harmful Algal Bloom and 
Hypoxia Program. The bill outlines tasks for the Under 
Secretary to ensure the Program: (1) develops a national 
strategy to address both marine and freshwater HABs and 
hypoxia; (2) coordinates all Federal programs related to HABs 
and hypoxia; (3) works with State, tribal, and local government 
agencies; (4) identifies additional research needs and 
priorities; (5) encourages international research efforts on 
HABs and hypoxia; (6) develops and implements methods and 
technologies to protect ecosystems damaged by HABs; (7) 
coordinates an education program to improve public 
understanding; (8) assists in regional, State, tribal, and 
local efforts to implement response plans, strategies, and 
tools; (9) provides resources for training of State, tribal and 
local water and coastal resource managers; (10) oversees the 
updating of the Regional Research and Action Plans; and (11) 
administers peer-reviewed, merit-based competitive grant 
funding. In addition, the Act directs the Under Secretary to 
work cooperatively and avoid duplication of efforts with other 
offices, centers, and programs within NOAA, as well as with 
States, tribes, stakeholder organizations, and other agencies 
represented on the Task Force.
    The bill directs the Under Secretary and the Administrator 
of the Environmental Protection Agency to jointly carry out the 
duties for the freshwater aspects of the Program. The 
Administrator of EPA is mandated to participate in the research 
of the existing and new programs to research the ecology of 
freshwater harmful algal blooms; monitoring and event response 
activities of freshwater harmful algal blooms; and mitigation 
and control efforts of freshwater harmful algal blooms. The 
bill directs NOAA to maintain and enhance the existing five 
competitive programs: the Ecology and Oceanography of Harmful 
Algal Blooms Program (ECOHAB); the Monitoring and Event 
Response for Harmful Algal Blooms Program (MERHAB); the 
Northern Gulf of Mexico Ecosystems and Hypoxia Assessment 
Program (NGOMEX); the Coastal Hypoxia Research Program (CHRP); 
and the Prevention, Control, and Mitigation of Harmful Algal 
Blooms Program (PCM) and establish two new programs: an Event 
Response Program and an Infrastructure Program. The bill also 
requires the Under Secretary to transmit to Congress an action 
strategy that outlines the specific activities to be carried 
out by the Program, a timeline for such activities, and the 
programmatic roles of each Federal agency in the Task Force. 
The action strategy shall be published in the Federal Register 
and be periodically revised by the Under Secretary.

Section 5. Regional Research and Action Plans

    Directs the Under Secretary, through the Task Force, to 
oversee the development and implementation of Regional Research 
and Action Plans by identifying the appropriate regions and 
sub-regions to be addressed by each Plan. The bill outlines 
some content the Plans should identify, including: 1) regional 
priorities for ecological, economic, and social research 
related to the impacts of HABs and hypoxia; 2) research, 
development, and demonstration activities to advance 
technologies and techniques for minimizing the occurrence and 
address the impacts of HABs and hypoxia; 3) ways to reduce the 
duration and intensity of HABs events; 4) research and methods 
to address the impacts of HABs on human health; 5) mechanisms 
and the potential costs of these mechanisms to protect 
vulnerable ecosystems that could be or have been affected by 
HABs; 6) mechanisms by which data is transferred between the 
Program and State, tribal, and local governments and relevant 
research entities; 7) communication, outreach, and 
dissemination methods used to educate and inform the public; 
and 8) the roles that Federal agencies can play to assist 
implementation of the Plan.
    Section 5 explicitly directs the utilization of existing 
research, assessments, and reports and considers the impacts in 
all waterways, including the Chesapeake Bay, in the development 
of the Plans. The bill provides a list of individuals and 
entities that the Under Secretary shall coordinate with in 
developing the Plans. The bill requires that the Plans be 
completed within 2 years after the date of enactment, and 
updated once every 5 years. Section 5 requires that the Under 
Secretary submit a report to Congress that provides a summary 
of each Plan not later than 6 months after the completion of 
each Regional Research and Action Plan and once every 30 months 
after the completion of the Plans, report on the activities 
taken to implement the Plans.

Section 6. Northern Gulf of Mexico Hypoxia

    Directs Administrator, through the Mississippi River/Gulf 
of Mexico Watershed Nutrient Task Force, to transmit a report 
to Congress and the President on the progress made toward 
attainment of the coastal goals of the 2008 Gulf Hypoxia Action 
Plan. The initial report is required no later than 12 months 
after the date of enactment and every 2 years thereafter. The 
reports are required to assess progress made toward nutrient 
load reductions, the response of the hypoxia zone and water 
quality throughout the Mississippi/Atchafalaya River Basin and 
the economic and social effects. The reports shall include an 
evaluation of current policies and programs, and lessons 
learned. In addition, Section 6 requires the reports to 
recommend appropriate actions to continue to implement or, if 
necessary, revise the strategy set forth in the 2008 Gulf 
Hypoxia Action Plan.

Section 7. Pacific Northwest, Estuaries, and Puget Sound Hypoxia

    Directs the Task Force to transmit an assessment report to 
Congress and the President within 12 months of the enactment of 
the Act on the hypoxia in the coastal and estuarine waters of 
the Pacific Northwest by examining the current research, 
monitoring, prevention, response, and control efforts. Section 
7 also requires the Task Force to develop a plan within 2 years 
of the enactment of the Act for reducing, mitigating, and 
controlling hypoxia in the Pacific Northwest. In developing the 
Plan, the Task Force is directed to consult with State, tribal, 
and local governments as well as academic, agricultural, 
industry, and environmental groups and representatives. The 
Task Force is also directed to provide progress reports every 2 
years after the submission of the Plan, on the activities 
toward attainment of the goals outlined in the Plan.

Section 8. Authorization of appropriations

    Provides an authorization of $35,000,000 for each of the 
fiscal years 2010 through 2014 to the Under Secretary to carry 
out the Program, of which $3,000,000 is authorized in each of 
the fiscal years for the development of the Regional Research 
and Action Plans; $3,000,000 for research activities at the 
laboratories of NOAA; $8,000,000 for ECOHAB; $5,500,000 for 
MERHAB; $1,500,000 for NGOMEX; $5,000,000 for CHRP; $5,000,000 
for PCM; $1,000,000 for the Event Response Program; and 
$3,000,000 for the Infrastructure Program. The bill also 
provides an authorization of $6,000,000 in each of the fiscal 
years 2010 through 2014 to the Administrator for the freshwater 
HABs activities of Program, of which up to $3,000,000 is 
mandated for participation in the existing and new programs 
outlined in previous sections of the Act.

                         VIII. Committee Views

    H.R. 3650, the Harmful Algal Blooms and Hypoxia Research 
and Control Amendments Act of 2009, will help understand, 
detect, predict, control, mitigate, and respond to both marine 
and freshwater harmful algal blooms (HABs) and hypoxia events. 
It is the intent of the Committee that the research and 
activities also seek ways to reduce the duration and intensity 
of blooms that many US waterways currently experience so that 
individual bloom episodes do not last as long and are less 
intense when they do occur. This is particularly important in 
order to minimize times of emergency such as beach and tourism 
activity closures, cancellations, and evacuations and health 
and food warnings.
    The Committee regards this legislation as the next 
necessary step to build upon and utilize the findings and 
results of various reports and assessments that have resulted 
from the previous two Harmful Algal Blooms and Hypoxia Research 
and Control Acts (1998 and 2004) in formulating the national 
and regional action strategies. Addressing the many dimensions 
of HABs requires a coordinated multi-agency approach, and there 
are presently a number of programs and agencies that address 
the various aspects of HABs. It is in the opinion of the 
Committee that the federal agencies established as the 
Interagency Task Force (1998 HABHRCA Act) and existing programs 
should collaborate and coordinate to address both marine and 
freshwater harmful algal blooms and hypoxia.
    While the National Oceanic and Atmospheric Administration 
(NOAA) has been a lead agency in the country's HABs and Hypoxia 
research activities, it is the intent of the Committee that 
NOAA does not bear the burden of the entire Program. H.R. 3650 
intends for NOAA to lead the National Harmful Algal bloom and 
Hypoxia Program in its role as the chair of the Interagency 
Task Force, not to just be a NOAA National Program. The Under 
Secretary of Commerce for Oceans and Atmosphere should outline 
the roles and responsibilities of each Federal agency in the 
Task Force to ensure all participation in the development and 
implementation of the national action strategy and regional 
research and action plans to address marine and freshwater HABs 
and Hypoxia. It is the intent of the committee that the Under 
Secretary ensures the coordination of the Task Force, as well 
as coordinates and works cooperatively with all Federal, State, 
and local programs, including NOAA internal programs and 
activities that address marine and freshwater HABs and Hypoxia.
    Despite the fact that HABs and Hypoxia are not limited to 
marine waters, in recent years, research and related activities 
have seemingly focused on marine waters at the expense of 
freshwater issues. It is the intent of the Committee that H.R. 
3650 expands the National Harmful Algal Bloom and Hypoxia 
Program to include freshwater HABs and Hypoxia. It is not the 
intent of the committee, at this juncture, to establish a 
separate freshwater HABs and Hypoxia program, but for the 
Program to address both marine and fresh waters with the 
coordination of all federal agency participants of the 
Interagency Task Force. As the lead agency with oversight over 
freshwater quality, Environmental Protection Agency is in the 
position to ensure the protection of aquatic ecosystems to 
protect human health, and promote freshwater economic and 
recreational activities by conducting both internal and 
extramural research to better understand, detect, prevent, 
control and mitigate freshwater HABs and Hypoxia. It is the 
intent of the Committee that the EPA not only continue its 
extensive Hypoxia work surrounding the Gulf of Mexico but to 
also participate in the Program with respects to the inland and 
freshwater needs of country. The Committee intends for EPA to 
work with NOAA in the five existing programs and the two new 
programs (Ecology and Oceanography of Harmful Algal Blooms 
Program (ECOHAB); the Monitoring and Event Response for Harmful 
Algal Blooms Program (MERHAB); the Northern Gulf of Mexico 
Ecosystems and Hypoxia Assessment Program (NGOMEX); the Coastal 
Hypoxia Research Program (CHRP); the Prevention, Control, and 
Mitigation of Harmful Algal Blooms Program (PCM); and the Event 
Response Program and Infrastructure Program established in H.R. 
3650 for the research on ecology of freshwater HABs and 
Hypoxia; monitoring and event response of outbreaks in lakes, 
rivers, estuaries (including their tributaries and the 
watersheds), and reservoirs; and mitigation and control 
activities. The Committee intends for a portion of the funding 
provided to the Administrator of the Environmental Protection 
Agency to be used to participate in these programs. The 
Committee intends for NOAA and EPA to work together to expand 
the national HABs program to include not only marine but 
freshwater HABs and Hypoxia, while maintaining NOAA's current 
role in the Great Lakes as well as in the Gulf of Mexico.
    Advances in knowledge, methods and technologies have led to 
significant improvements of responding to HABs and Hypoxia. It 
is the intent of the Committee that as H.R. 3650 seeks to not 
only control, mitigate, and respond to HABs and Hypoxia, but 
the monitoring and predicting of these blooms and Hypoxia 
utilize existing monitoring and observational systems and 
programs to further enhance research, communication, and 
coordination.
    In the development and implementation of the Regional 
Research and Action Plans mandated by H.R. 3650, it is the 
Committee's intention for the Undersecretary to coordinate and 
collaborate with the State, local, and tribal governments that 
are directly affected by HABs and Hypoxia and to formulate 
plans that will not cause financial burdens on these 
governments. It is also the intent of the Committee for all 
participating agencies of the Interagency Task Force to 
participate in the development and implementation of the Plans. 
The Committee intends for the Regional Plans to also serve as 
vehicle to gain more public involvement of the people that live 
in and around the communities affected by HABs and Hypoxia. 
With more education of the public and outreach and information 
dissemination methods, the Committee does not intend for 
federal funds to be wasted, abused or utilized for lobbying the 
legislative or executive branches of the Federal, State, or 
local governments.
    In U.S. waters, HABs as well as hypoxic events are found in 
an expanding number of locations and are also increasing in 
duration and severity. It is the intent of the Committee that 
the National Harmful Algal Blooms Program and NOAAs five 
existing programs and the funding be balanced to address all 
areas of the U.S. and waterways.

                           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 X of this report 
pursuant to House Rule XIII, clause 3(c)(3).
    H.R. 3650 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. 
3650 does authorize additional discretionary spending, as 
described in the Congressional Budget Office report on the 
bill, which is contained in Section X of this report.

              X. Congressional Budget Office Cost Estimate

                                                  October 15, 2009.
Hon. Bart Gordon,
Chairman, Committee on Science and Technology,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3650, the Harmful 
Algal Blooms and Hypoxia Research and Control Amendments Act of 
2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 3650--Harmful Algal Blooms and Hypoxia Research and Control 
        Amendments Act of 2009

    Summary: H.R. 3650 would amend current law to attempt to 
reduce the effects of harmful algal blooms and hypoxia (reduced 
oxygen level) in certain bodies of water. The bill would 
authorize the appropriation of $41 million a year over the 
2010-2014 period for programs by the National Oceanic and 
Atmospheric Administration (NOAA) and Environmental Protection 
Agency (EPA) to mitigate the effects of harmful algal blooms 
and hypoxia. Assuming appropriation of the authorized amounts, 
CBO estimates that implementing the legislation would cost $153 
million over the 2010-2014 period and $22 million after 2014. 
Enacting the legislation would not affect direct spending or 
revenues.
    H.R. 3650 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. 3650 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                By fiscal year, in millions of dollars--
                                                       ---------------------------------------------------------
                                                          2010     2011     2012     2013     2014    2010-2014
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Lawa
    Authorization Level...............................       30        0        0        0        0           30
    Estimated Outlays.................................       20        6        4        0        0           30
Proposed Changes
    Authorization Level...............................       11       41       41       41       41          175
    Estimated Outlays.................................        7       29       36       40       41          153
Estimated Spending Under H.R. 3650
    Authorization Level...............................       41       41       41       41       41          205
    Estimated Outlays.................................       27       35       40       40       41         183
----------------------------------------------------------------------------------------------------------------
a The 2010 level is the amount authorized for that year; a full-year appropriation for 2010 has not yet been
  provided for this program.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
3650 will be enacted near the start of fiscal year 2010 and 
that the authorized amounts will be appropriated for each 
fiscal year. Estimated outlays are based on historical spending 
patterns for similar NOAA and EPA programs.
    H.R. 3650 would authorize the appropriation of $35 million 
a year over the 2010-2014 period for a NOAA program to mitigate 
the effects of harmful algal blooms and hypoxia in coastal 
waters. The bill also would authorize the appropriation of $6 
million annually through 2014 for NOAA and EPA to conduct 
similar programs for freshwater systems. (In 2010, $30 million 
is authorized to be appropriated for harmful algal blooms and 
hypoxia programs under current law.) The bill would direct NOAA 
to enhance several existing grant programs and establish two 
new programs related to algal blooms and hypoxia. The bill also 
would require NOAA to oversee and coordinate regional efforts 
to address related problems. Finally, the bill would require 
NOAA to submit biennial reports to the Congress describing the 
activities of the program.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 3650 would cost $153 million 
over the 2010-2014 period and $22 million after 2014.
    Intergovernmental and private-sector impact: H.R. 3650 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Previous CBO estimate: On September 2, 2009, CBO 
transmitted a cost estimate for S. 952, the Harmful Algal 
Blooms and Hypoxia Research and Control Amendments Act of 2009, 
as ordered reported by the Senate Committee on Commerce, 
Science, and Transportation on August 5, 2009. Both S. 952 and 
H.R. 3650 would amend and reauthorize the Harmful Algal Blooms 
and Hypoxia Research and Control Act of 1998, but S. 952 would 
authorize the appropriation of $45 million a year over the 
2010-2014 period. The CBO cost estimates reflect that 
difference.
    Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 
State, Local, and Tribal Governments: Ryan Miller; 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. 3246 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    The Committee on Science and Technology's oversight 
findings and recommendations 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. 3650 is to authorize the Under Secretary of Commerce for 
Oceans and Atmosphere and the Administrator of the 
Environmental Protection Agency to award grants to reduce 
harmful algal blooms and hypoxia.

                XIV. Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 3650.

                XV. Federal Advisory Committee Statement

    H.R. 3650 does not establish nor authorize the 
establishment of any advisory committee.

                 XVI. Congressional Accountability Act

    The Committee finds that H.R. 3650 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. 3650 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
House Rule XXI, clause 9.

     XVIII. 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

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                 COAST GUARD AUTHORIZATION ACT OF 1998


SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Coast Guard Authorization Act 
of 1998''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Short title.
     * * * * * * *

               TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA

Sec. 601. Short title.
     * * * * * * *
Sec. 602A. Definitions.
     * * * * * * *
Sec. 603A. National Harmful Algal Bloom and Hypoxia Program.
Sec. 603B. Regional research and action plans.
     * * * * * * *
Sec. 604A. Pacific Northwest, estuaries, and Puget Sound hypoxia.

           *       *       *       *       *       *       *


               TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA

SEC. 601. SHORT TITLE.

  This title may be cited as the ``Harmful Algal Bloom and 
Hypoxia Research and Control Act of 1998''.

           *       *       *       *       *       *       *


SEC. 602A. DEFINITIONS.

  In this title:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Environmental Protection 
        Agency.
          (2) Program.--The term ``Program'' means the National 
        Harmful Algal Bloom and Hypoxia Program established 
        under section 603A.
          (3) Under secretary.--The term ``Under Secretary'' 
        means the Under Secretary of Commerce for Oceans and 
        Atmosphere.

           *       *       *       *       *       *       *


SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

  (a) In General.--Except as provided in subsection (d), the 
Under Secretary, through the Task Force established under 
section 603(a), shall establish and maintain a National Harmful 
Algal Bloom and Hypoxia Program pursuant to this section.
  (b) Duties.--The Under Secretary, through the Program, shall 
utilize the resources of the Task Force to--
          (1) develop and promote a national strategy to 
        understand, detect, predict, control, mitigate, and 
        respond to marine and freshwater harmful algal bloom 
        and hypoxia events;
          (2) ensure the coordination of all Federal programs 
        that address marine and freshwater harmful algal blooms 
        and hypoxia, and other ocean and Great Lakes science 
        and management programs and centers that address the 
        chemical, biological, and physical components of marine 
        and freshwater harmful algal blooms and hypoxia;
          (3) coordinate and work cooperatively with State, 
        tribal, and local government agencies and programs that 
        address marine and freshwater harmful algal blooms and 
        hypoxia;
          (4) identify additional research, development, and 
        demonstration needs and priorities relating to 
        monitoring, prediction, prevention, control, 
        mitigation, and response to marine and freshwater 
        harmful algal blooms and hypoxia;
          (5) encourage international information sharing and 
        research efforts on marine and freshwater harmful algal 
        blooms and hypoxia, and encourage international 
        mitigation, control, and response activities;
          (6) ensure the development and implementation of 
        methods and technologies to protect the ecosystems 
        affected by marine and freshwater harmful algal blooms;
          (7) coordinate an education program that integrates 
        and augments existing programs to improve public 
        understanding and awareness of the causes, impacts, and 
        mitigation efforts for marine and freshwater harmful 
        algal blooms and hypoxia;
          (8) assist in regional, State, tribal, and local 
        efforts to develop and implement appropriate marine and 
        freshwater harmful algal bloom and hypoxia response 
        plans, strategies, and tools;
          (9) provide resources for and assist in the training 
        of State, tribal, and local water and coastal resource 
        managers in the methods and technologies for 
        monitoring, controlling, mitigating, and responding to 
        the effects of marine and freshwater harmful algal 
        blooms and hypoxia events;
          (10) oversee the development, implementation, review, 
        and periodic updating of the Regional Research and 
        Action Plans under section 603B; and
          (11) administer peer-reviewed, merit-based 
        competitive grant funding to support--
                  (A) the projects maintained and established 
                by the Program; and
                  (B) the research and management needs and 
                priorities identified in the Regional Research 
                and Action Plans.
  (c) Cooperative Efforts.--The Under Secretary shall work 
cooperatively and avoid duplication of efforts with other 
offices, centers, and programs within the National Oceanic and 
Atmospheric Administration and other agencies represented on 
the Task Force established under section 603(a), States, 
tribes, and nongovernmental organizations concerned with marine 
and freshwater aquatic issues related to harmful algal blooms 
and hypoxia.
  (d) Freshwater Program.--With respect to the freshwater 
aspects of the Program, the Under Secretary and the 
Administrator shall jointly carry out the duties otherwise 
assigned to the Under Secretary under this section and section 
603B, including each of the programs identified in subsection 
(e)(1) and (2). The Administrator's participation under this 
subsection shall include--
          (1) research on the ecology of freshwater harmful 
        algal blooms;
          (2) monitoring and event response of freshwater 
        harmful algal blooms in lakes, rivers, estuaries 
        (including their tributaries), and reservoirs; and
          (3) mitigation and control of freshwater harmful 
        algal blooms.
  (e) National Oceanic and Atmospheric Administration 
Programs.--
          (1) Existing programs.--The Under Secretary shall 
        maintain and enhance the following existing competitive 
        programs:
                  (A) The Ecology and Oceanography of Harmful 
                Algal Blooms Program.
                  (B) The Monitoring and Event Response for 
                Harmful Algal Blooms Program.
                  (C) The Northern Gulf of Mexico Ecosystems 
                and Hypoxia Assessment Program.
                  (D) The Coastal Hypoxia Research Program.
                  (E) The Prevention, Control, and Mitigation 
                of Harmful Algal Blooms Program.
          (2) New programs.--The Under Secretary shall 
        establish the following new programs:
                  (A) An Event Response Program to coordinate 
                and enhance, at the request of the States, 
                marine and freshwater harmful algal blooms and 
                hypoxia events response activities.
                  (B) An Infrastructure Program to--
                          (i) increase availability of--
                                  (I) analytical facilities and 
                                technologies;
                                  (II) operational forecasts; 
                                and
                                  (III) reference and research 
                                materials;
                          (ii) improve integration of harmful 
                        algal bloom activities with existing 
                        monitoring and observational programs; 
                        and
                          (iii) enhance communication and 
                        coordination required to meet the 
                        purposes of this Act.
  (f) Action Strategy.--
          (1) In general.--Not later than 12 months after the 
        date of enactment of the Harmful Algal Blooms and 
        Hypoxia Research and Control Amendments Act of 2009, 
        the Under Secretary, through the Task Force established 
        under section 603(a), shall transmit to the Congress an 
        action strategy that identifies--
                  (A) the specific activities to be carried out 
                by the Program and the timeline for carrying 
                out such activities; and
                  (B) the roles and responsibilities of each 
                Federal agency in the Task Force established 
                under section 603(a) in carrying out Program 
                activities.
          (2) Federal register.--The Under Secretary shall 
        publish the action strategy in the Federal Register.
          (3) Periodic revision.--The Under Secretary shall 
        periodically review and revise the action strategy 
        prepared under this subsection as necessary.
  (g) Report.--Every 2 years after the submission of the action 
strategy, the Under Secretary shall prepare and transmit to the 
Congress a report that describes--
          (1) the activities carried out under the Program and 
        the budget related to these activities;
          (2) the progress made on implementing the action 
        strategy; and
          (3) the need to revise or terminate activities or 
        projects under the Program.

SEC. 603B. REGIONAL RESEARCH AND ACTION PLANS.

  (a) In General.--The Under Secretary, through the Task Force 
established under section 603(a), shall--
          (1) identify the appropriate regions and subregions 
        to be addressed by each Regional Research and Action 
        Plan; and
          (2) oversee the development and implementation of the 
        Regional Research and Action Plans.
  (b) Contents.--The Plans developed under this section shall 
identify--
          (1) regional priorities for ecological, economic, and 
        social research on issues related to the impacts of 
        harmful algal blooms and hypoxia;
          (2) research, development, and demonstration 
        activities needed to develop and advance technologies 
        and techniques for minimizing the occurrence of harmful 
        algal blooms and hypoxia and improving capabilities to 
        prevent, predict, monitor, control, and mitigate 
        harmful algal blooms and hypoxia;
          (3) ways to reduce the duration and intensity of 
        harmful algal blooms and hypoxia, including in times of 
        emergency;
          (4) research and methods to address human health 
        dimensions of harmful algal blooms and hypoxia;
          (5) mechanisms, including the potential costs and 
        benefits of those mechanisms, to protect vulnerable 
        ecosystems that could be or have been affected by 
        harmful algal blooms and hypoxia events;
          (6) mechanisms by which data, information, and 
        products are transferred between the Program and State, 
        tribal, and local governments and relevant research 
        entities;
          (7) communication, outreach, and information 
        dissemination methods that State, tribal, and local 
        governments and stakeholder organizations can undertake 
        to educate and inform the public concerning harmful 
        algal blooms and hypoxia; and
          (8) the roles that Federal agencies can play to 
        assist in the implementation of the Plan.
  (c) Building on Available Studies and Information.--In 
developing the Plans under this section, the Under Secretary 
shall--
          (1) utilize and build on existing research, 
        assessments, and reports, including those carried out 
        pursuant to existing law and other relevant sources; 
        and
          (2) consider the impacts, research, and existing 
        program activities of all United States coastlines and 
        fresh and inland waters, including the Great Lakes, the 
        Chesapeake Bay, and estuaries and tributaries.
  (d) Development of Plans.--The Under Secretary shall develop 
Plans under this section with assistance from the individuals 
and entities described in subsection (g).
  (e) Plan Timeline and Updates.--The Under Secretary, through 
the Task Force established under section 603(a), shall ensure 
that the Plans developed under this section are completed not 
later than 24 months after the date of enactment of the Harmful 
Algal Blooms and Hypoxia Research and Control Amendments Act of 
2009, and updated once every 5 years thereafter.
  (f) Reports.--Not later than 6 months after the completion of 
each Regional Research and Action Plan, the Under Secretary 
shall transmit to the Congress a report that provides a summary 
of such Plan, and once every 30 months after the completion of 
such Plan, the Under Secretary shall transmit to the Congress a 
report that describes--
          (1) the activities taken to implement the Plan, 
        including a description of research funded and actions 
        and outcomes of Plan response strategies carried out; 
        and
          (2) Federal funding provided to implement the Plan.
  (g) Coordination and Consultation.--In developing the Plans 
under this section, as appropriate, the Under Secretary--
          (1) shall coordinate with State coastal management 
        and planning officials;
          (2) shall coordinate with tribal resource management 
        officials;
          (3) shall coordinate with water management and 
        watershed officials from both coastal States and 
        noncoastal States with water sources that drain into 
        water bodies affected by harmful algal blooms and 
        hypoxia; and
          (4) shall consult with--
                  (A) public health officials;
                  (B) emergency management officials;
                  (C) science and technology development 
                institutions;
                  (D) economists;
                  (E) industries and businesses affected by 
                marine and freshwater harmful algal blooms and 
                hypoxia;
                  (F) scientists, with expertise concerning 
                harmful algal blooms or hypoxia, from academic 
                or research institutions; and
                  (G) other stakeholders.

[SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

  [(a) Assessment Report.--Not later than May 30, 1999, the 
Task Force shall complete and submit to Congress and the 
President an integrated assessment of hypoxia in the northern 
Gulf of Mexico that examines: the distribution, dynamics, and 
causes; ecological and economic consequences; sources and loads 
of nutrients transported by the Mississippi River to the Gulf 
of Mexico; effects of reducing nutrient loads; methods for 
reducing nutrient loads; and the social and economic costs and 
benefits of such methods.
  [(b) Submission of a Plan.--No later than March 30, 2000, the 
President, in conjunction with the chief executive officers of 
the States, shall develop and submit to Congress a plan, based 
on the integrated assessment submitted under subsection (a), 
for reducing, mitigating, and controlling hypoxia in the 
northern Gulf of Mexico. In developing such plan, the President 
shall consult with State, Indian tribe, and local governments, 
academic, agricultural, industry, and environmental groups and 
representatives. Such plan shall include incentive-based 
partnership approaches. The plan shall also include the social 
and economic costs and benefits of the measures for reducing, 
mitigating, and controlling hypoxia. At least 90 days before 
the President submits such plan to the Congress, a summary of 
the proposed plan shall be published in the Federal Register 
for a public comment period of not less than 60 days.

[SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated to the Secretary of 
Commerce for research, education, and monitoring activities 
related to the prevention, reduction, and control of harmful 
algal blooms and hypoxia, $15,000,000 for fiscal year 1999, 
$18,250,000 for fiscal year 2000, and $19,000,000 for fiscal 
year 2001, $23,500,000 for fiscal year 2005, $24,500,000 for 
fiscal year 2006, $25,000,000 for fiscal year 2007, and 
$30,000,000 for each of fiscal years 2008 through 2010, to 
remain available until expended. The Secretary shall consult 
with the States on a regular basis regarding the development 
and implementation of the activities authorized under this 
section. Of such amounts for each fiscal year--
          [(1) $1,500,000 for fiscal year 1999, $1,500,000 for 
        fiscal year 2000, $2,000,000 for fiscal year 2001, and 
        $2,500,000 for each of fiscal years 2005 through 2010 
        may be used to enable the National Oceanic and 
        Atmospheric Administration to carry out research and 
        assessment activities, including procurement of 
        necessary research equipment, at research laboratories 
        of the National Ocean Service and the National Marine 
        Fisheries Service;
          [(2) $4,000,000 for fiscal year 1999, $5,500,000 for 
        fiscal year 2000, $5,500,000 for fiscal year 2001, and 
        $6,500,000, of which $1,000,000 shall be used for the 
        research program described in section 603(f)(2)(B), for 
        each of fiscal years 2005 through 2010 may be used to 
        carry out the Ecology and Oceanography of Harmful Algal 
        Blooms (ECOHAB) project under the Coastal Ocean Program 
        established under section 201(c) of Public Law 102-567;
          [(3) $1,000,000 for fiscal year 1999, $2,000,000 for 
        fiscal year 2000, $2,000,000 for fiscal year 2001, and 
        $3,000,000 for each of fiscal years 2005 through 2010 
        may be used by the National Ocean Service of the 
        National Oceanic and Atmospheric Administration to 
        carry out a peer-reviewed research project on 
        management measures that can be taken to prevent, 
        reduce, control, and mitigate harmful algal blooms and 
        to carry out section 603(d);
          [(4) $5,500,000 for each of the fiscal years 1999, 
        2000, 2001, and $6,000,000 for each of fiscal years 
        2005 through 2010 may be used to carry out Federal and 
        State annual monitoring and analysis activities for 
        harmful algal blooms administered by the National Ocean 
        Service of the National Oceanic and Atmospheric 
        Administration;
          [(5) $3,000,000 for fiscal year 1999, $3,750,000 for 
        fiscal year 2000, $4,000,000 for fiscal year 2001, 
        $4,000,000 for fiscal year 2005, $5,000,000 for fiscal 
        year 2006, $5,500,000 for fiscal year 2007, and 
        $6,000,000 for each of fiscal years 2008 through 2010 
        may be used for activities related to research and 
        monitoring on hypoxia by the National Ocean Service and 
        the Office of Oceanic and Atmospheric Research of the 
        National Oceanic and Atmospheric Administration; and
          [(6) $1,500,000 for each of fiscal years 2005 through 
        2010 to carry out section 603(e).]

SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

  (a) Task Force Initial Progress Reports.--Not later than 12 
months after the date of enactment of the Harmful Algal Blooms 
and Hypoxia Research and Control Amendments Act of 2009, the 
Administrator, through the Mississippi River/Gulf of Mexico 
Watershed Nutrient Task Force, shall complete and transmit to 
the Congress and the President a report on the progress made by 
Task Force-directed activities toward attainment of the coastal 
goal of the 2008 Gulf Hypoxia Action Plan.
  (b) Task Force 2-Year Progress Reports.--After the initial 
report required under subsection (a), the Administrator, 
through the Task Force, shall complete and transmit to Congress 
and the President a report every 2 years thereafter on the 
progress made by Task Force-directed activities toward 
attainment of the coastal goal of the 2008 Gulf Hypoxia Action 
Plan.
  (c) Contents.--The reports required by this section shall 
assess progress made toward nutrient load reductions, the 
response of the hypoxic zone and water quality throughout the 
Mississippi/Atchafalaya River Basin, and the economic and 
social effects. The reports shall--
          (1) include an evaluation of how current policies and 
        programs affect management decisions, including those 
        made by municipalities and industrial and agricultural 
        producers;
          (2) evaluate lessons learned; and
          (3) recommend appropriate actions to continue to 
        implement or, if necessary, revise the strategy set 
        forth in the 2008 Gulf Hypoxia Action Plan.

SEC. 604A. PACIFIC NORTHWEST, ESTUARIES, AND PUGET SOUND HYPOXIA.

  (a) Assessment Report.--Not later than 12 months after the 
date of enactment of this Act, the Task Force established under 
section 603 shall complete and submit to Congress and the 
President an integrated assessment of hypoxia in the coastal 
and estuarine waters of the Pacific Northwest that examines the 
status of current research, monitoring, prevention, response, 
and control efforts.
  (b) Plan.--Not later than 2 years after the date of enactment 
of this Act, such Task Force shall develop and submit to 
Congress a plan, based on the integrated assessment submitted 
under subsection (a), for reducing, mitigating, and controlling 
hypoxia in the coastal and estuarine waters of the Pacific 
Northwest. In developing such plan, the Task Force shall 
consult with State, Indian tribe, and local governments, and 
academic, agricultural, industry, and environmental groups and 
representatives. Such plan shall include incentive-based 
partnership approaches. The plan shall also address the social 
and economic costs and benefits of the measures for reducing, 
mitigating, and controlling hypoxia. At least 90 days before 
submission of such plan to the Congress, a summary of the 
proposed plan shall be published in the Federal Register. After 
submission of the plan, the Task Force shall provide progress 
reports on the activities toward attainment of the goals set 
forth in the plan reduce, mitigate, and control hypoxia in the 
coastal and estuarine waters of the Pacific Northwest every 2 
years.

SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated--
          (1) to the Under Secretary to carry out sections 603A 
        and 603B, $35,000,000 for each of fiscal years 2010 
        through 2014, of which, for each fiscal year--
                  (A) up to $3,000,000 shall be for the 
                development of the Regional Research and Action 
                Plans and the reports required by sections 604 
                and 604A;
                  (B) $3,000,000 shall be for the research and 
                assessment activities related to marine and 
                freshwater harmful algal blooms at research 
                laboratories of the National Oceanic and 
                Atmospheric Administration;
                  (C) $8,000,000 shall be used to carry out the 
                Ecology and Oceanography of Harmful Algal 
                Blooms Program (ECOHAB);
                  (D) $5,500,000 shall be used to carry out the 
                Monitoring and Event Response for Harmful Algal 
                Blooms Program (MERHAB);
                  (E) $1,500,000 shall be used to carry out the 
                Northern Gulf of Mexico Ecosystems and Hypoxia 
                Assessment Program (NGOMEX);
                  (F) $5,000,000 shall be used to carry out the 
                Coastal Hypoxia Research Program (CHRP);
                  (G) $5,000,000 shall be used to carry out the 
                Prevention, Control, and Mitigation of Harmful 
                Algal Blooms Program (PCM);
                  (H) $1,000,000 shall be used to carry out the 
                Event Response Program; and
                  (I) $3,000,000 shall be used to carry out the 
                Infrastructure Program; and
          (2) to the Administrator to carry out sections 603A 
        and 603B, $6,000,000 for each of fiscal years 2010 
        through 2014, of which up to $3,000,000 for each fiscal 
        year shall be for participation in carrying out section 
        603A(e), as described in section 603A(d).

           *       *       *       *       *       *       *


                     XX. Committee Recommendations

    On October 7, 2009, the Committee on Science and Technology 
favorably reported by voice vote the bill, H.R. 3650, as 
amended, to the House with the recommendation that the bill, as 
amended, do pass.

                         XXI. Additional Views

                              ----------                              


   ADDITIONAL VIEWS OFFERED BY REPRESENTATIVES RALPH HALL, F. JAMES 
  SENSENBRENNER, LAMAR SMITH, DANA ROHRABACHER, ROSCOE BARTLETT, VERN 
  EHLERS, FRANK LUCAS, BOB INGLIS, BRIAN BILBRAY, ADRIAN SMITH, PAUL 
                          BROUN AND PETE OLSON

    As a whole, the reauthorization of harmful algal blooms and 
hypoxia research and development has been a bipartisan effort. 
This bill is the second reauthorization since the original law 
passed in 1998. Throughout the committee process, both sides 
have worked well together to put forth a good bill that takes 
this important research and development (R&D;) to the next step. 
However, some concerns remain.
    H.R. 3650 is intended to address a problem that affects 
nearly every State, however, we want to make sure that the 
regional research and action plans that are called for are not 
a top-down mandate, but a true collaboration between the 
Federal government and the States and local areas directly 
affected by these blooms. We want to make sure we are not 
imposing undue burdens on States that they would not 
voluntarily take on themselves. Although the onus is currently 
on the Federal government, the activities identified in these 
plans are ones that will most likely be executed by State, 
tribal and local governments. As it is written right now, H.R. 
3650 does not contain any safeguards against unfunded mandates, 
which would result if State, tribal and local governments were 
forced to undertake the activities identified in the plans that 
the Federal government is responsible for developing and 
implementing.
    During the markup, we offered amendments that would address 
the concern that States not be overly encumbered with 
potentially undesired requirements by the Federal government. 
The first amendment would have prevented any increased 
financial burden to State, tribal or local governments as a 
result of anything in the bill or the law it amends. Despite 
receiving bipartisan support, the amendment was ultimately 
rejected. A second amendment would have required the 
development and implementation of the plans initiated only at 
the request of the States--not the Federal government's 
mandate. Unfortunately, this amendment was also rejected after 
a roll call vote.
    State, tribal and local governments are already shouldering 
the burden of the effects of harmful algal blooms and hypoxia, 
since these events have a direct impact on local and regional 
economies. Furthermore, in the current economic climate, these 
governments are struggling to prioritize and fund the most 
basic of services. The amendments we offered at Committee would 
ensure that these governments would not be forced to choose 
between cutting necessities like teachers or police in order to 
fund Federal requirements set out in the Regional Research and 
Action Plans.
    We hope as this bill moves forward in the legislative 
process, these basic protections of States' rights will be 
incorporated.

                                   Ralph M. Hall.
                                   Jim Sensenbrenner.
                                   Lamar Smith.
                                   Dana Rohrabacher.
                                   Roscoe G. Bartlett.
                                   Vernon J. Ehlers.
                                   Frank D. Lucas.
                                   Bob Inglis.
                                   Brian P. Bilbray.
                                   Adrian Smith.
                                   Paul C. Broun.
                                   Pete Olson.

               ADDITIONAL VIEWS OF REPRESENTATIVE GRAYSON

    Mr. Chairman, I would like to take this opportunity to 
thank you and the Committee staff for your commitment to ensure 
that watershed language be identified in the final report on 
H.R. 3650, the Harmful Algal Blooms and Hypoxia Research and 
Control Amendments Act of 2009. As we know, watersheds, or 
drainage basins, collect excess water from an area, whether it 
be rain or melting snow, and channel this into a waterway. As 
this water flows over the ground and along rivers, it also has 
the ability to pick up high levels of toxins, agricultural 
runoff, and other water pollutions which have negative 
implications on the ecological processes and wildlife 
downriver.
    Mr. Chairman, my state of Florida is both surrounded by 
waters that are no stranger to hypoxia, and home to some of the 
most fragile wetlands and watersheds in the country, including 
roughly 4 million acres that belong to our national treasure, 
the Everglades. The agricultural usage of artificial 
fertilizers high in nitrogen, potassium and phosphorous have 
continued to threaten both humans and the rich flora and fauna 
ecologies of these invaluable wetlands and watersheds. As we 
take up legislation regarding harmful algal blooms and hypoxia, 
I believe it is essential that we not overlook the devastating 
effects these also play on our inland freshwaters such as 
watersheds.
    As a representative of the state of Florida, I feel it is 
important to identify or include watershed language into the 
final report, which will ensure that watersheds are included 
along with the research and dissemination of information 
regarding the monitoring, prevention, control, and mitigation 
of harmful algal blooms and hypoxia to our fresh and inland 
waters, estuaries, and tributaries.

                                                      Alan Grayson.




  XXIII. PROCEEDINGS OF THE MARKUP BY THE SUBCOMMITTEE ON ENERGY AND 
ENVIRONMENT ON H.R. 3650, HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND 
                     CONTROL AMENDMENTS ACT OF 2009

                              ----------                              


                     WEDNESDAY, SEPTEMBER 30, 2009

                  House of Representatives,
            Subcommittee on Energy and Environment,
                                      Committee on Science,
                                                    Washington, DC.

    The Subcommittee met, pursuant to call, at 10:00 a.m., in 
Room 2318 of the Rayburn House Office Building, Hon. Brian 
Baird [Chairman of the Subcommittee] presiding.
    Chairman Baird. Good morning. The Subcommittee will now 
come to order.
    Pursuant to notice, the Subcommittee on Energy and 
Environment meets to consider the following measures: H.R. 
3650, the Harmful Algal Blooms and Hypoxia Research and Control 
Amendments Act of 2009; H.R. 3585, the Solar Technology Roadmap 
Act; and H.R. 3598, the Energy and Water Research Integration 
Act. Today we will consider these there bills that cover a wide 
range of topics in this subcommittee's purview.
    First, the Subcommittee will consider my bill, H.R. 3650, 
the Harmful Algal Blooms and Hypoxia Research and Control 
Amendments Act of 2009. As we heard in this subcommittee two 
weeks ago, rapid overproduction of algae can have devastating 
effects on aquatic plant and animal life and human health. 
Unfortunately, despite years of research, the frequency and 
duration of the harmful algal blooms and hypoxia are on the 
rise, and affecting more of our coastlines and inland waters. 
This bill directs the National Oceanic and Atmospheric 
Administration to implement research strategies and plans to 
better understand and respond to these blooms and hypoxic 
events. I look forward to discussing the bill more when we call 
it up for consideration.
    Our third bill will be H.R. 3585. We are changing the order 
slightly in order for Chairman Gordon to make an Energy and 
Commerce markup, so our third bill will be H.R. 3585, the Solar 
Technology Roadmap Act, authored by the Space and Aeronautics 
Subcommittee Chair, Ms. Gabrielle Giffords. This bill instructs 
the Department of Energy to create a comprehensive and 
updatable roadmap for solar research, development and 
demonstration activities with strong private and public input. 
This roadmap will be critically important to using our limited 
research dollars as effectively as possible in harnessing the 
truly immense solar resources we have in the U.S.
    Then our second bill will be H.R. 3598, the Energy and 
Water Research Integration Act, authored by the Full Committee 
Chairman, Mr. Bart Gordon. A little over a year ago, the 
Chairman began a comprehensive review of our federal research 
and technology development efforts to improve utilization of 
our precious water resources. The Committee has since held five 
hearings and passed out of the House three bills pertaining to 
this important topic. We now look forward to hearing from 
Chairman Gordon on this next installment, which addresses the 
critical linkage between our nation's energy and water 
resources and directs the Department of Energy to better 
integrate water into existing federal efforts in this field.
    The three bills we have before us today target several 
important research needs. I thank you all for your attendance 
and participation this morning, and I look forward to a 
productive markup.
    I recognize Mr. Inglis to present his opening remarks.
    [The prepared statement of Chairman Baird follows:]
               Prepared Statement of Chairman Brian Baird
    I welcome everyone to this morning's Energy and Environment 
Subcommittee markup.
    Today we will consider three bills that cover a wide range of 
topics in this subcommittee's purview.
    First, the Subcommittee will consider my bill, H.R. 3650, the 
Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of 
2009. As we heard in this subcommittee two weeks ago, rapid 
overproduction of algae can have devastating effects on aquatic plant 
and animal life and human health.
    Unfortunately, despite years of research, the frequency and 
duration of the harmful algal blooms and hypoxia are on the rise, and 
affecting more of our coastlines and inland waters. This bill directs 
the National Oceanic and Atmospheric Administration to implement 
research strategies and plans to better understand and respond to these 
blooms and hypoxic events. I look forward to discussing the bill more 
when we bring it up for consideration.
    Next, we will consider H.R. 3585, the Solar Technology Roadmap Act, 
authored by the Space and Aeronautics Subcommittee Chair, Ms. Gabrielle 
Giffords. This bill instructs the Department of Energy to create a 
comprehensive, updatable roadmap for solar research, development, and 
demonstration activities with strong private and public input.
    This roadmap will be critically important to using our, limited 
research dollars as effectively as possible in harnessing the truly 
immense solar resources we have in the U.S.
    Finally, we will take up H.R. 3598, the Energy and Water Research 
Integration Act, authored by the Full Committee Chairman, Mr. Bart 
Gordon. In the last Congress the Chairman announced his intention to 
undertake a comprehensive review of our federal research and technology 
development efforts to improve utilization of our precious water 
resources. We have since held five hearings and passed out of the House 
three bills pertaining to this important topic.
    We now look forward to hearing from Chairman Gordon on this next 
installment which addresses the critical linkage between our nation's 
energy and water resources, and directs the Department of Energy to 
better integrate water into existing federal efforts in this field.
    The three bills we have before us today target several important 
research needs. I thank you all for your attendance and participation 
this morning, and I look forward to a productive markup.

    Mr. Inglis. Thank you, Mr. Chairman. Today we address three 
pieces of legislation that aim to improve the health of our 
environment, our investment in solar energy and impact of 
energy use and development on water resources.
    The first bill we will look at is the Harmful Algal Bloom 
and Hypoxia Research and Control Amendments Act of 2009. It 
will advance efforts at the federal level to reduce the 
negative impact that algal blooms have on the environment. 
Every summer we hear stories about the impact of runaway algae 
growth on local water quality, animal deaths and environmental 
quality. Not only do these blooms impact recreation, they 
burden marine, commerce and human health. This legislation will 
promote a better understanding of algal blooms and will help us 
effectively prevent and respond to blooms and hypoxia.
    Second, we will discuss the Solar Technology Roadmap Act. 
This bill aims to increase the strength of our domestic solar 
technology industry through a coordinated research and 
development program and public-private partnerships. It also 
requires industry, academia and government researchers to 
develop a long-term roadmap that will advance our clean energy 
alternatives. I hope we can ensure the roadmap is not focused 
on technology options we are already aware of but also 
emphasizes cutting-edge advancements that will define the 
future of solar power.
    Finally, we turn to the Energy and Water Research 
Integration Act, which directs the Department of Energy to take 
into consider energy-related water issues in research, 
development and demonstration projects. While I agree with the 
intent of the bill, I am concerned that this only reframes 
existing DOE priorities and ignores the large role that water 
resource information should play. I am looking forward to 
working together to improve the bill.
    Thank you again, Mr. Chairman, and I look forward to 
addressing this legislation.
    Chairman Baird. Thank you, Mr. Inglis. Members may place 
statements for the record at this point.
    We will now consider H.R. 3650, the Harmful Algal Blooms 
and Hypoxia Research and Control Amendments Act of 2009. I 
recognize myself for five minutes to describe the bill.
    H.R. 3650 reauthorizes the Harmful Algal Blooms and Hypoxia 
Act of 1998. This bill requires the Under Secretary of Commerce 
for Oceans and Atmosphere at NOAA to establish and maintain the 
National Harmful Algal Bloom and Hypoxia Program. The Under 
Secretary is required to work cooperatively with other offices, 
centers and programs within NOAA as well as with the States, 
tribes, non-governmental organizations and other federal 
agencies to avoid duplication of efforts. H.R. 3650 explicitly 
directs the EPA Administrator and the Under Secretary to 
coordinate efforts to address freshwater harmful algal blooms 
and hypoxia. The bill requires the Under Secretary to transmit 
to Congress an action strategy that outlines the specific 
activities for the program and also directs the Task Force 
established in the 1998 law to transmit a report to Congress on 
hypoxia in the coastal and estuarine waters of the Pacific 
Northwest and develop a plan for reducing, mitigating and 
controlling hypoxia. To accomplish these objectives, the bill 
provides an authorization of $35 million per year over five 
years for NOAA for the overall program and $6 million per year 
for five years for EPA to conduct a freshwater HABs program.
    I am proud to say the bill has been a joint effort with my 
colleague from Michigan, Mr. Ehlers, or Dr. Ehlers, and I want 
to particularly commend him for his many years of work on this 
and his commitment to the Great Lakes region on a host of 
topics. I also want to thank him for being a consistent 
champion for NOAA and these related issues. There are also 
several other co-sponsors, Mr. Mack and Ms. Castor of Florida, 
Mr. Delahunt of Massachusetts and Mr. Kratovil of Maryland. On 
that note, I would encourage all of my fellow Subcommittee 
colleagues to co-sponsor this important legislation. I look 
forward to further improvements as we move it to the Full 
Committee, and I now recognize Mr. Inglis to present any 
remarks on the bill.
    [The prepared statement of Chairman Baird follows:]
               Prepared Statement of Chairman Brian Baird
    H.R. 3650, the Harmful Algal Blooms and Hypoxia Research and 
Control Amendments Act of 2009, reauthorizes the Harmful Algal Blooms 
and Hypoxia Act of 1998. The Act establishes a National Harmful Algal 
Bloom and Hypoxia Program to develop and coordinate a comprehensive 
strategy to address harmful algal blooms and hypoxia. The Act also 
mandates the development and implementation of comprehensive regional 
action plans.
    The Under Secretary of Commerce for Oceans and Atmosphere is 
directed to establish and maintain the National Harmful Algal Bloom and 
Hypoxia Program as Chair of the Task Force established in the 1998 law. 
The Act outlines tasks for the Under Secretary to ensure are carried 
out through the Program. The Under Secretary is required to work 
cooperatively with other offices, centers, and programs within NOAA, as 
well as, with states, tribes, non-governmental organizations, and other 
federal agencies on the Task Force to avoid duplication of efforts.
    H.R. 3650 explicitly directs the Administrator of the Environmental 
Protection Agency and the Under Secretary to work together to address 
the freshwater harmful algal blooms and hypoxia.
    H.R. 3650 also requires the Under Secretary to transmit to Congress 
an action strategy that outlines the specific activities to be carried 
out by the Program, a timeline for such activities, and the 
programmatic roles of each federal agency in the Task Force.
    H.R. 3650 directs the Under Secretary to oversee the development 
and implementation of the Regional Research and Action Plans by 
identifying the appropriate regions and sub-regions to be addressed by 
each Plan. The Plans must also identify research, activities, and 
technologies needed to predict, monitor, prevent, control, and mitigate 
harmful algal blooms. and hypoxia. In addition, the Under Secretary is 
directed to utilize and build upon existing research, assessments, and 
reports in the development of these Plans.
    The bill directs the Mississippi River/Gulf of Mexico Watershed 
Nutrient Task Force to transmit a report to Congress on the progress 
made toward attaining the coastal goals of the 2008 Gulf Hypoxia-Action 
Plan. The reports must include an assessment of the progress made on 
nutrient load reductions, the response of the hypoxia zone and water 
quality throughout the Mississippi/Atchafalaya River Basin and the 
economic and social impacts.
    H.R. 3650 directs the Task Force established in the 1998 law to 
transmit an assessment report to Congress on the hypoxia in the coastal 
and estuarine waters of the Pacific Northwest and develop a Plan for 
reducing, mitigating, and controlling hypoxia.
    Finally, H.R. 3650 provides an authorization of $35,000,000 for 
each fiscal year from 2010 through 2014, to the Under Secretary of 
Commerce for Oceans and Atmosphere to implement the Program; $5,000,000 
is for each of the fiscal years for the development of the Regional 
Research and Action Plans. H.R. 3650 authorizes $6,000,000 for each 
fiscal year from 2010 through 2014 to the Administrator of the 
Environmental Protection Agency for the freshwater HABs activities of 
Program:
    This bill has been a joint effort with Mr. Ehlers of Michigan. 
Thank you for being a consistent champion for NOAA and these issues. We 
also have several co-sponsors on this bill--Mr. Mack of Florida; Ms. 
Castor, also of Florida, Mr. Delahunt of Massachusetts; Mr. Kratovil of 
Maryland; and thank you all for your support on this bill and we hope 
to move an even better bill at today's markup.
    I urge the support of all Members of the Subcommittee for this 
bill.

    Mr. Inglis. Thank you, Mr. Chairman. At our hearing two 
weeks ago, we heard a considerable amount about work being done 
to understand HABs and hypoxia and to improve national 
communication about events. We also heard about promising 
approaches to take action to prevent, control and mitigate the 
negative effects of runaway algal growth. H.R. 3650 is the next 
step in creating response programs nationwide and reducing the 
negative effects of HABs and hypoxia on recreation and our 
marine economy.
    I would like to thank the Majority staff for working with 
Minority staff on this legislation and look forward to its 
passage.
    [The prepared statement of Mr. Inglis follows:]
            Prepared Statement of Representative Bob Inglis
    At our hearing two weeks ago, we heard a considerable amount about 
work being done to understand HABs (pronounced ``habs'') and hypoxia 
and improve national communication about events. We also heard about 
promising approaches to take action to prevent, control, and mitigate 
the negative effects of runaway algae growth. H.R. 3650 is the next 
step in creating response programs nation wide and reducing the 
negative impacts of HABs and hypoxia on recreation and our marine 
economy. I'd like to thank the Majority staff for working with Minority 
staff on this legislation.

    Chairman Baird. Does any other Member wish to be 
recognized? Dr. Ehlers.
    Mr. Ehlers. Thank you, Mr. Chairman, for your kind words 
and thank you especially for your work on this issue. It 
continues to be a major issue and a major danger to much of the 
life in our seas and Great Lakes, and I appreciate the effort 
you have put into it and updating it and improving it from its 
original form, and thank you for all the good work you have 
done on it. I yield back.
    [The prepared statement of Mr. Ehlers follows:]
         Prepared Statement of Representative Vernon J. Ehlers
    H.R. 3650 is an important step in responding to the problem of 
harmful algal blooms and hypoxia, which threaten our coastlines in 
addition to our inland freshwaters.
    This reauthorization will build upon the 1998 Harmful Algal Bloom 
and Hypoxia Research and Control Act and the 2004 reauthorization by 
establishing a National Harmful Algal Bloom and Hypoxia Program, along 
with a number of Regional Research and Action plans to address the 
unique challenges of harmful algal blooms and hypoxia across the 
country.
    I am proud to co-sponsor this legislation, and I thank Chairman 
Baird for his leadership and willingness to work together in producing 
this legislation. I urge my colleagues to support it.

    Chairman Baird. Thank you, Dr. Ehlers. Any other Members 
wish to be recognized? If not, then I ask unanimous consent 
that the bill is considered as read and open to amendment at 
any point. Without objection, so ordered.
    The first amendment on the roster is a manager's amendment. 
The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 3650, amendment number 036, 
offered by Mr. Baird of Washington and Mr. Ehlers of Michigan.
    Chairman Baird. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered. I recognize myself 
for five minutes to explain the amendment.
    The manager's amendment makes a series of clarifying 
changes throughout the bill, many in response to suggestions 
made in the Subcommittee hearing two weeks ago, and at this 
point I want to make sure I put into the record our gratitude 
for the outstanding testimony we had from witnesses. We went 
very carefully through all of their written and spoken 
testimony and believe that the vast majority of the 
recommendations, which were quite sound, have been included in 
the amendment.
    The amendment makes changes to reflect the addition of 
existing NOAA activities to the program and provides for the 
establishment of an Event Response Program and an 
Infrastructure Program as recommended. Deadlines for the 
reports to Congress are changed to allow adequate time for 
completion of the action strategy, regional plans, and reports 
while also maintaining a responsible level of accountability. 
Language is also added to ensure that NOAA works in 
coordination with and does not duplicate the efforts of other 
federal agencies. The amendment also expands the authorization 
of an appropriations section to provide more specificity to the 
direction of the funding in the bill. The amendment again is 
the product of discussions between Majority and Minority staff. 
It improves the bill and ensures a more effective, efficient 
and highly collaborative program. I urge colleagues to support 
the amendment.
    Is there further discussion on the amendment? If no, the 
vote occurs on the amendment. All in favor, say aye. Those 
opposed, no. The ayes have it and the amendment is agreed to.
    The second amendment on the roster is an amendment offered 
by the gentlelady from Maryland, Ms. Edwards. Are you ready to 
proceed with your amendment?
    Ms. Edwards. I am, Mr. Chairman. I have an amendment at the 
desk.
    Chairman Baird. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 3650, amendment number 045, 
offered by Ms. Edwards of Maryland.
    Chairman Baird. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered. I recognize the 
gentlelady from Maryland for five minutes to explain the 
amendment.
    Ms. Edwards. Thank you, Mr. Chairman, for your important 
leadership on this issue. As you know, these harmful algal 
blooms are having a substantially negative impact on our 
waterways, and as a representative of Maryland, the health and 
welfare of the Chesapeake Bay and its tributaries is a top 
priority of mine. The Chesapeake Bay is the largest estuary in 
the country and currently nitrogen and phosphorus pollution are 
the most serious problems facing the bay. Too much nitrogen and 
phosphorus cause these algal blooms that block sunlight to 
underwater grasses, and when the blooms decompose they consume 
oxygen and create dead zones all through the bay and its 
tributaries where dissolved oxygen levels are too low to 
sustain marine life. The impact is negative to the plants and 
the sea life in the bay and its tributaries. For example, from 
the 1950s to the 1970s, the average annual oyster catch was 
about 25 million pounds per year and the blue crab harvest 
contributed nearly a third of the Nation's catch. Today the 
bay's oyster population is a mere two percent of its historic 
level and reduced amounts of the underwater grass habitat in 
addition to low summer levels of dissolved oxygen continue to 
keep the crab population well below average.
    The health of the Chesapeake Bay is so grave that on May 
12, 2009, President Obama issued Executive Order 13508 to 
protect and restore the Bay watershed. Four federal agencies 
are tasked with looking out for the health of the Chesapeake 
Bay.
    I wanted to make sure this bill addressed the bay and other 
similar bodies of water. Therefore, my amendment amends Section 
5, Regional Research and Action Plans, to require that the 
Under Secretary consider the impacts, research, and existing 
program activities of all United States coastlines and fresh 
and inland waters including the Great Lakes, the Chesapeake Bay 
and estuaries and tributaries in developing the Regional 
Research and Action Plans. Last week in this committee room, 
the Director of the National Oceanographic Atmospheric 
Administration, NOAA, indicated that harmful algal blooms are a 
threat to the health of Americans and to the national economy, 
which is why we must have a comprehensive and all-inclusive 
approach at addressing this issue on a national level.
    Again, I thank you for your leadership and look forward to 
the consideration of this amendment, and I urge my colleagues 
to adopt the amendment.
    [The prepared statement of Ms. Edwards follows:]
         Prepared Statement of Representative Donna F. Edwards
    Thank you Mr. Chairman for your important leadership on this very 
important issue.
    As you know these harmful algal blooms are having a substantially 
negative impact on our waterways. As a Representative of Maryland, the 
health and welfare of the Chesapeake Bay and its tributaries is a top 
priority of mine.
    Currently, nitrogen and phosphorus pollution are the most serious 
problems facing the Chesapeake Bay. Too much nitrogen and phosphorus 
cause these algae blooms that block sunlight to underwater grasses. 
When the blooms decompose, they consume oxygen and create ``dead 
zones,'' where dissolved oxygen levels are too low to sustain marine 
life. Marine life cannot survive in these dead zones. The impact is 
negative to the plants and the sea-life in the Bay and its tributaries. 
For example from the 1950's to the 1970's the average annual oyster 
catch was about 25 million pounds per year, and the blue crab harvest 
contributed nearly a third of the Nation's catch.
    Today, the Bay's oyster population is a mere TWO PERCENT of its 
historic level, and reduced amounts of the underwater grass habitat, in 
addition to low summer levels of dissolved oxygen, continue to keep the 
crab population well-below average.
    The health of the Chesapeake Bay is so great that on May 12, 2009, 
President Obama issued Executive Order 13508 to protect and restore the 
Bay Watershed. Four federal agencies are tasked with looking out for 
the health of the Chesapeake Bay.
    I wanted to make sure this bill addressed the Chesapeake Bay and 
other similar bodies of water. Therefore, my amendment amends Section 5 
(``Regional Research Action Plans'') to require that the Under 
Secretary ``consider the impacts, research, and existing program 
activities of all United States coastlines and fresh and inland waters, 
including the Great Lakes, the Chesapeake Bay, and estuaries and 
tributaries'' in developing the Regional Research Action Plans.
    Last week, in this committee room, the Director of the National 
Oceanic Atmospheric Administration (NOAA) indicated that harmful algal 
blooms are a threat to the health of Americans and to the national 
economy, which is why we must have a comprehensive and all inclusive 
approach at addressing this issue on a national level.

    Chairman Baird. I thank the gentlelady. The Chesapeake Bay 
has a true champion in Ms. Edwards, and Mr. Kratovil has also 
expressed his interest in this, but Ms. Edwards, you know we 
have a similar experience up in the Pacific Northwest with the 
great Puget Sound and we also have oysters, crab and shellfish 
and harmful algal blooms and hypoxia are problematic there too, 
so I share in your commitment to this and applaud your efforts.
    [The prepared statement of Chairman Baird follows:]
               Prepared Statement of Chairman Brian Baird
    Thank you Ms. Edwards for your continuous input on this 
subcommittee. I understand and support your amendment. It is a simple 
provision that brings attention to the Chesapeake Bay area. This area 
has many of the same concerns we experience on the west coast and algae 
has caused tremendous difficulties and problems.
    I thank the gentlelady for this amendment and urge its adoption.

    Chairman Baird. Is there any further discussion of the 
amendments? If no, the vote occurs on the amendment. All in 
favor, say aye. Those opposed, no. The ayes have it and the 
amendment is agreed to.
    Any other Members wishing to comment further? If no, then 
the vote is on the bill, H.R. 3650, as amended. All those in 
favor will say aye. All those opposed, no. In the opinion of 
the Chair, the ayes have it.
    I now recognize myself to offer a motion. I move that the 
Subcommittee favorably report H.R. 3650 as amended to the Full 
Committee. Furthermore, I move that staff be instructed to 
prepare the Subcommittee report and make necessary technical 
and conforming changes to the bill in accordance with the 
recommendations of the Subcommittee.
    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.
    With that, I thank my colleagues for their input and the 
outstanding staff for their work on this legislation, and with 
that, this markup stands adjourned.
    [Whereupon, at 11:15 a.m., the Subcommittee was adjourned.]
                               Appendix:

                              ----------                              


        H.R. 3650, Section-by-Section Analysis, Amendment Roster






                     Section-by-Section Analysis of
                H.R. 3650, the Harmful Algal Blooms and
                      Hypoxia Research and Control
                         Amendments Act of 2009

The Harmful Algal Blooms and Hypoxia Research and Control Amendments 
                    Act of 2009

    Purpose: To establish a National Harmful Algal Bloom and Hypoxia 
Program, to develop and coordinate a comprehensive strategy to address 
harmful algal blooms and hypoxia and to provide for the development and 
implementation of comprehensive regional action plans to reduce harmful 
algal blooms and hypoxia.

Section 1: Short Title

    The Harmful Algal Blooms and Hypoxia Research and Control 
Amendments Act of 2009

Section 2: Amendment of Harmful Algal Bloom and Hypoxia Research and 
                    Control Act of 1998

    Section 2 explains that the text the bill modifies is the Harmful 
Algal Bloom and Hypoxia Research and Control Act of 1998, unless 
otherwise expressly stated.

Section 3: Definitions

    Section 3 provides definitions for the Act, including: 
Administrator of the Environmental Protection Agency; the National 
Harmful Algal Bloom and Hypoxia Program; and the Under Secretary of 
Commerce for Oceans and Atmosphere.

Section 4: National Harmful Algal Bloom and Hypoxia Program

    Section 4 directs the Under Secretary of Commerce for Oceans and 
Atmosphere, through the Interagency Task Force, to establish and 
maintain a National Harmful Algal Bloom and Hypoxia Program. The bill 
outlines tasks for the Under Secretary to ensure the Program: 1) 
develops a national strategy to address both marine and freshwater HABs 
and hypoxia; 2) coordinates all federal programs related to HABs and 
hypoxia; 3) works with regional, State, tribal, and local government 
agencies; 4) identifies additional research needs and priorities; 5) 
supports international research efforts on HABs and hypoxia; 6) 
develops and implements of methods and technologies to protect 
ecosystems damaged by HABs; 7) coordinates an outreach, education, and 
training program; 8) facilitates regional, State, tribal, and local 
efforts to implement response plans, strategies, and tools; 9) provides 
resources for training of regional, State, tribal and local coastal and 
water resource managers; 10) enhances observations, monitoring, 
modeling, data management, information dissemination, and operational 
forecasts; 11) oversees the updating of the Regional Research and 
Action Plans; and 12) administers peer-reviewed, merit-based 
competitive grant funding.
    In addition, Section 4 directs the Under Secretary to work 
cooperatively with other offices, centers, and programs within NOAA, as 
well as, with States, tribes, non-governmental organizations, and other 
agencies represented on the Task Force. Section 4 also directs the 
Under Secretary and the Administrator of the Environmental Protection 
Agency to jointly carry out the duties for the freshwater aspects of 
the Program.
    This bill also requires the Under Secretary to transmit to Congress 
an action strategy that outlines the specific activities to be carried 
out by the Program, a timeline for such activities, and the 
programmatic roles of each federal agency in the Task Force. The action 
strategy shall be published in the Federal Register and be periodically 
revised by the Under Secretary. Section 4 also requires the Under 
Secretary to prepare a report to Congress describing the budget, 
activities, and progress of the Program.

Section 5: Regional Research and Action Plans

    Section 5 directs the Under Secretary, through the Task Force, to 
oversee the development and implementation of Regional Research and 
Action Plans by identifying the appropriate regions and sub-regions to 
be addressed by each Plan. The bill outlines some contents the Plans 
should identify, including: 1) regional priorities for ecological, 
economic, and social research related to the impacts of HABs and 
hypoxia; 2) research, development, and demonstration activities to 
advance technologies to address the impacts of HABs and hypoxia; 3) 
actions to minimize the occurrence of HABs and hypoxia; 4) ways to 
reduce the duration and intensity of HABs events; 5) research and 
methods to address the impacts of HABs on human health; 6) mechanisms 
to protect vulnerable ecosystems that could be or have been affected by 
HABs; 7) mechanisms by which data is transferred between the Program 
and State, tribal, and local governments and relevant research 
entities; 8) communication, outreach, and dissemination methods used to 
educate and inform the public; and 9) the roles that federal agencies 
can play to assist implementation of the Plan.
    Section 5 directs the utilization of existing research, 
assessments, and reports in the development of the Plans. Section 5 
also provides a list of individuals and entities that the Under 
Secretary may work with to develop the Plans. The bill also requires 
that the Plans be completed within 12 months of the date of enactment 
and updated once every five years. Furthermore, Section 5 requires that 
the Under Secretary submit a report to Congress not later than 12 
months after the date of enactment and once every two years after the 
completion of the Regional Research and Actions Plans.

Section 6: Northern Gulf of Mexico Hypoxia

    Section 6 directs the Mississippi River/Gulf of Mexico Watershed 
Nutrient Task Force to transmit a report to Congress and the President 
on the progress made toward attainment of the coastal goals of the 2008 
Gulf Hypoxia Action Plan. The initial report is required no later than 
two years after the date of enactment and every five years thereafter. 
The reports are required to assess progress made toward nutrient load 
reductions, the response of the hypoxia zone and water quality 
throughout the Mississippi/Atchafalaya River Basin and the economic and 
social effects. The reports shall include an evaluation of current 
policies and programs and lessons learned. In addition, Section 6 
requires the reports to recommend appropriate actions to continue to 
implement or, if necessary, revise the strategy set forth in the 2008 
Gulf Hypoxia Action Plan.

Section 7: Pacific Northwest, Estuaries, and Puget Sound Hypoxia

    Section 7 directs the Task Force to transmit an assessment report 
to Congress and the President within 12 months of the enactment of the 
Act on the hypoxia in the coastal and estuarine waters of the Pacific 
Northwest by examining the current research, monitoring, prevention, 
response, and control efforts. Section 7 also requires the Task Force 
to develop a plan within two years of the enactment of the Act for 
reducing, mitigating, and controlling hypoxia in the Pacific Northwest. 
In developing the Plan, the Task Force is directed to consult with 
State, tribal, and local governments as well as academic, agricultural, 
industry, and environmental groups and representatives. The Task force 
is also directed to provide progress reports every two years after the 
submission of the Plan, on the activities toward attainment of the 
goals outlined in the Plan.

Section 8: Authorization of Appropriations

    Section 7 provides an authorization of $35,000,000 each of the 
fiscal years 2010 through 2014 to the Under Secretary to carry out the 
Program, of which $5,000,000 is authorized each of the fiscal years for 
the development of the Regional Research and Action Plans. Section 7 
also provides an authorization of $6,000,000 each of the fiscal years 
2010 through 2014 to the Administrator for the freshwater HABs 
activities of Program.




 XXIV. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 3650, HARMFUL 
  ALGAL BLOOMS AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS ACT OF 2009

                              ----------                              


                       WEDNESDAY, OCTOBER 7, 2009

                  House of Representatives,
                                      Committee on Science,
                                                    Washington, DC.

    The Committee met, pursuant to call, at 10:38 a.m., in Room 
2318 of the Rayburn House Office Building, Hon. Bart Gordon 
[Chairman of the Committee] presiding.
    Chairman Gordon. Good morning, everyone. The Committee will 
come to order. Pursuant to notice, the Committee on Science and 
Technology meets to consider the following measures: H.R. 3650, 
the Harmful Algal Blooms and Hypoxia Research and Control 
Amendments Act of 2009, H.R. 3585, the Solar Technology Roadmap 
Act, and H.R. 3598, the Energy and Water Research Integration 
Act.
    First, we will consider a bill by the Subcommittee's 
Chairman, Brian Baird, and co-authored by Research and Science 
Education Ranking Member, Dr. Ehlers. H.R. 3650, the Harmful 
Algal Blooms and Hypoxia Research and Control Amendments Act of 
2009, seeks to address the devastating effects that the rapid 
overproduction of algae can have on aquatic plant and animal 
life and human health.
    The bill directs the National Oceanic and Atmospheric 
Administration to implement research strategies to better 
understand and respond to algal blooms and hypoxic events.
    Next, we will consider H.R. 3585, the Solar Technology 
Roadmap Act, authored by the Space and Aeronautics Subcommittee 
Chair, Ms. Gabrielle Giffords. This bill instructs the 
Department of Energy to coordinate with public and private 
sector entities in developing a comprehensive, updated roadmap 
for solar research, development and demonstration activities in 
the United States.
    This roadmap will be a critical tool in utilizing limited 
research dollars as effectively as possible to harness the 
truly immense solar resources we have in the United States.
    Finally, we will take up H.R. 3598, the Energy and Water 
Research Integration Act. In the last Congress, this committee 
undertook a comprehensive review of federal research and 
technology development efforts focusing in on improving 
utilization of our precious water resources. We have since held 
five hearings and passed out of the House three bills 
pertaining to this important topic.
    H.R. 3598, in which we will address the critical linkage 
between our nation's energy and water resources by directing 
the Department of Energy to better integrate water into 
existing federal energy research efforts.
    The three bills we have before us today target several 
important research needs. And as always, we appreciate the 
Minority offering a number of valuable ideas and suggestions, 
and we have worked hard to incorporate almost all of them in an 
effort to improve these bipartisan bills.
    I now recognize Mr. Hall to present his opening remarks.
    [The prepared statement of Chairman Gordon follows:]
               Prepared Statement of Chairman Bart Gordon
    Good Morning. Today the Committee will consider three bills 
reported last week from the Energy and Environment Subcommittee.
    First, we will consider a bill by the Subcommittee's Chairman, Dr. 
Baird, and co-authored by the Research and Science Education Ranking 
Member, Dr. Ehlers. H.R. 3650, the Harmful Algal Blooms and Hypoxia 
Research and Control Amendments Act of 2009, seeks to address the 
devastating effects that rapid overproduction of algae can have on 
aquatic plant and animal life and human health.
    The bill directs the National Oceanic and Atmospheric 
Administration to implement research strategies to better understand 
and respond to algal blooms and hypoxic events.
    Next, we will consider H.R. 3585, the Solar Technology Roadmap Act, 
authored by the Space and Aeronautics Subcommittee Chair, Ms. Gabrielle 
Giffords. This bill instructs the Department of Energy to coordinate 
with public and private sector entities in developing a comprehensive, 
updatable roadmap for solar research, development, and demonstration 
activities in the U.S.
    This roadmap will be a critical tool in utilizing limited research 
dollars as effectively as possible to harness the truly immense solar 
resources we have in the U.S.
    Finally, we will take up my bill, H.R. 3598, the Energy and Water 
Research Integration Act. In the last Congress this committee undertook 
a comprehensive review of federal research and technology development 
efforts focused on improving utilization of our precious water 
resources. We have since held five hearings and passed out of the House 
three bills pertaining to this important topic.
    With H.R. 3598 we address the critical linkage between our nation's 
energy and water resources by directing the Department of Energy to 
better integrate water into existing federal energy research efforts.
    The three bills we have before us today target several important 
research needs. As always we appreciate the Minority offering a number 
of valuable ideas and suggestions, and we have worked hard to 
incorporate almost all of them in an effort to improve these bipartisan 
bills.
    Despite this, I see that the Minority will have a number of 
amendments. While it is unfortunate these concerns could not be 
resolved before the markup I look forward to a healthy debate on the 
amendments, and supporting these bills for final passage.
    I thank you all for your attendance and participation this morning, 
and I look forward to a productive markup.
    I now recognize Mr. Hall to present his opening remarks.

    Mr. Hall. I thank you, Mr. Chairman, and today, as you have 
pointed out, we are marking up H.R. 3650, the Harmful Algal 
Blooms and Hypoxia Research and Control Amendments Act of 2009, 
H.R. 3585, the Solar Technology Roadmap Act, and H.R. 3598, the 
Energy and Water Research Integration Act. I would like to 
thank you, Mr. Chairman, and thank your staff for working with 
us, working with the Minority, working with us on these bills 
and you helped us address as much as possible our concerns. 
Unfortunately, we were not able to come to an agreement on all 
of our concerns but I realize that that can't always be the 
case. I will elaborate on these when the bills are brought up 
for amendment. We will have amendments that address those areas 
of the bills that we feel still need some attention, and 
particularly in the solar and energy and water bills. I do hope 
that the Chairman and other Members of this committee will give 
our amendments thoughtful consideration as we feel they are 
intended to improve the bills and enhance support for them.
    With that, I yield back the balance of my time.
    [The prepared statement of Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall
    Today, we are marking up H.R. 3650, the Harmful Algal Blooms and 
Hypoxia Research and Control Amendments Act of 2009, H.R. 3585, the 
Solar Technology Roadmap Act, and H.R. 3598, the Energy and Water 
Research Integration Act. I would like to thank you, Mr. Chairman, and 
thank your staff for working with us, working with the Minority, 
working with us on these bills and you helped us address as much as 
possible our concerns. Unfortunately, we were not able to come to an 
agreement on all of our concerns but I realize that that can't always 
be the case. I will elaborate on these when the bills are brought up 
for amendment. We will have amendments that address those areas of the 
bills that we feel still need some attention, and particularly in the 
solar and energy and water bills. I do hope that the Chairman and other 
Members of this committee will give our amendments thoughtful 
consideration as we feel they are intended to improve the bills and 
enhance support for them.

    Chairman Gordon. 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 H.R. 3650, the Harmful Algal Blooms and 
Hypoxia Research and Control Amendments Act, H.R. 3585, the Solar 
Technology Roadmap Act, and H.R. 3598, the Energy and Water Research 
Integration Act.
    I would like to take a moment to speak about H.R. 3585, the Solar 
Technology Roadmap Act, legislation which I believe is critical in 
order to spur further research and development of solar technology.
    We're lucky in Arizona to enjoy over 300 days of sunshine. We have 
a real opportunity to brighten our state's future by investing in solar 
energy research and technology.
    As solar technology advances, I believe that Arizona will be a 
leader in clean, alternative energy production. Refocusing our energy 
production on alternative sources such as solar is critical for our 
national security and the environment.
    Moreover, investing in solar energy is vital to Arizona's economy.
    With the help of solar tax credits, Abengoa Solar and Arizona 
Public Service are developing the world's largest solar energy plant 
outside of Gila Bend. The Solana solar generating station will create 
1,500 to 2,000 jobs and provide clean, emission-free energy for 70,000 
homes. Solana is expected to ultimately spur $1 billion in economic 
development.
    H.R. 3585, the Solar Technology Roadmap Act, would take us one step 
further toward making large scale solar energy production a reality. 
Specifically, this legislation would establish a Solar Technology 
Roadmap Committee tasked with creating a Solar Technology Roadmap to 
evaluate near-term, mid-term, and long-term research, development, and 
demonstration needs in solar technology. This committee would include 
stakeholders in the solar industry to provide insights on the 
deployment of this technology.
    I urge my colleagues to support this important measure, and at this 
time, I yield back.

    Chairman Gordon. We will now consider H.R. 3650, the 
Harmful Algal Blooms and Hypoxia Research and Control 
Amendments Act of 2009. I recognize the Chairman of the Energy 
and Environment Subcommittee, Dr. Baird, to describe the bill.
    Mr. Baird. Thank you, Mr. Chairman.
    H.R. 3650 as amended last week in the Energy and 
Environment Subcommittee markup establishes a national harmful 
algal bloom and hypoxia program. This program is charged with 
developing a comprehensive national strategy in coordinating 
regional research and action plans to address marine and 
freshwater harmful algal blooms and hypoxia. The Act requires 
the Under Secretary to work cooperatively with other offices, 
centers and programs at NOAA as well as with states, tribes, 
non-governmental organizations and other federal agencies on 
the taskforce and it requires that they avoid duplication of 
efforts with other entities. In addition, the Under Secretary 
is directed to build upon existing research and assessments and 
consider U.S. waterways such as the Chesapeake Bay in the 
development of the plans. The EPA Administrator and the NOAA 
Under Secretary are instructed to coordinate their efforts to 
address the freshwater harmful algal blooms and hypoxia. The 
bill directs the Mississippi Gulf of Mexico Watershed Nutrient 
Taskforce to transmit a report to Congress and upon progress 
made towards attaining the goals of the 2008 Gulf Hypoxia 
Action Plan. H.R. 3650 directs the interagency taskforce to 
transmit an assessment report and plan to Congress addressing 
hypoxia in the coastal and estuarine waters of the Pacific 
Northwest.
    Finally, the bill provides an authorization, the $35 
million a year to the Under Secretary for five years for the 
program and $6 million a year to the EPA Administrator for the 
freshwater HABs activities of the program. I want to thank 
particularly my colleague from Michigan, Dr. Ehlers, for his 
work this year and over many, many years leading the effort on 
harmful algal blooms and hypoxia. I also want to acknowledge 
the involvement of Congressman Connie Mack and of Ms. Kosmas, 
also from Florida. This is a bipartisan bill. It has been a 
privilege to work on it. In one context, Mr. Chairman, the week 
we were working on this bill, at a lake in my District, someone 
went there with their dog, threw their favorite tennis ball in 
the water. The dog jumped in, grabbed the tennis ball, got out 
of the water and died. That is how serious these harmful algal 
blooms can be. They are deadly toxins, not only in shellfish 
but in freshwater, and it was literally that quick, came out 
and died. So I appreciate the Committee's consideration and 
urge passage, and I yield back.
    [The prepared statement of Mr. Baird follows:]
            Prepared Statement of Representative Brian Baird
    H.R. 3650, as amended last week in the Energy and Environment 
Subcommittee markup establishes a National Harmful Algal Bloom and 
Hypoxia Program. This program is charged with developing a 
comprehensive national strategy and coordinating regional research and 
action plans to address marine and freshwater harmful algal blooms and 
hypoxia.
    The Act requires the Under Secretary to work cooperatively with 
other offices, centers, and programs within NOAA, as well as with 
states, tribes, non-governmental organizations, and other federal 
agencies on the Task Force, and avoid duplication of efforts with those 
entities.
    In addition, the Under Secretary is directed to build upon existing 
research and assessments, and consider U.S. waterways such as the 
Chesapeake Bay, in the development of the Plans.
    The EPA Administrator and the NOAA Under Secretary are instructed 
to coordinate their efforts to address the freshwater harmful algal 
blooms and hypoxia.
    The bill directs the Mississippi River/Gulf of Mexico Watershed 
Nutrient Task Force to transmit a report to Congress on progress made 
toward attaining the goals of the 2008 Gulf Hypoxia Action Plan.
    H.R. 3650 directs the Interagency Task Force to transmit an 
assessment report and plan to Congress addressing hypoxia in the 
coastal and estuarine waters of the Pacific Northwest.
    Finally, the bill provides an authorization of $35,000,000 a year 
to the Under Secretary for five years for the program, and $6,000,000 a 
year to the EPA Administrator for the freshwater HABs activities of the 
Program.
    I want to thank my colleague from Michigan, Dr. Ehlers, for working 
with me on this important piece of legislation. I look forward to 
improving the bill at today's markup.

    Chairman Gordon. I now recognize Mr. Hall to present any 
remarks on the bill.
    Mr. Hall. I thank you, Mr. Chairman. First I would like to 
commend my colleagues, Dr. Ehlers and Dr. Baird, for working 
together to move this bill. They work very well together, and I 
think it is a very important piece of legislation, so much so 
that the bill itself and the manager's amendments are both at 
the Subcommittee and now at the Full Committee have been very 
bipartisan, but most of the issues have been worked out 
beforehand. There are still a few outstanding items.
    Although this bill is intended to address a problem that 
affects nearly every state, we want to make sure that the 
research and action plans that are called for, that these plans 
are not a top-down mandate but a true collaboration between the 
Federal Government and the states and local areas that have 
been directly affected by these blooms. The bill calls for the 
development and implementation of these plans. The next obvious 
step is putting these plans into action. We want to make sure 
that they are not imposing undue burdens on states that they 
would not voluntarily take on themselves.
    Finally, we want to make sure that all the groups involved 
in the development of these plans that will have roles in 
future implementation are ones with the highest levels of 
integrity. I will be offering an amendment to this bill that 
addresses our concerns with states' rights. Several of my 
colleagues on this side of the aisle will be offering other 
amendments that address some of the remaining concerns.
    With that, I yield back my time and I thank you.
    [The prepared statement of Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall
    Thank you, Mr. Chairman. First, I would like to commend my 
colleagues, Dr. Ehlers and Mr. Baird, on working together to move this 
bill. They worked very well together to move this important piece of 
legislation, so much so that the bill itself, and the manager's 
amendments at both Subcommittee, and now, Full Committee, have been 
bipartisan. While most of the issues have been worked out beforehand, 
there are still a few outstanding items.
    Although this bill is intended to address a problem that affects 
nearly every state, we want to make sure that the regional research and 
action plans that are called for are not a top-down mandate, but a true 
collaboration between the Federal Government and the states and local 
areas that have been directly affected by these blooms. The bill calls 
for the development and implementation of these plans; the next obvious 
step is putting these plans into action. We want to make sure that we 
are not imposing undue burdens on states that they would not 
voluntarily take on themselves. Finally, we want to make sure that all 
the groups involved in the development of these plans that will have 
roles in future implementation are ones with the highest level of 
integrity.
    I will be offering an amendment to this bill that addresses our 
concerns with states' rights. Several of my colleagues on this side of 
the aisle will be offering other amendments that address some of these 
remaining concerns.
    With that I yield back the balance of my time.

    Chairman Gordon. Does anyone else wish to be recognized?
    Mr. Bilbray. Mr. Chairman.
    Chairman Gordon. Mr. Bilbray.
    Mr. Bilbray. Yes, Mr. Chairman, I appreciate--this issue, I 
notice in the title and everything else that the issue of 
harmful algae blooms was specifically, and I would ask Dr. 
Baird specifically--does this bill recognize that most, if not 
much of, algae blooms are naturally occurring events?
    Mr. Baird. It does--well, it varies. I mean, part of the 
purpose of the research is to understand why we have harmful 
algal blooms and why we have. There is no question there are 
harmful algal blooms that have been around for a long, long 
time, but the scientists who testified at our hearing and the 
preponderance of the scientific literature I am familiar with 
suggests that there is an increase in many areas in harmful 
algal blooms believed to be related to anthropogenic causes.
    Mr. Bilbray. I think there is the key, is there are certain 
areas. We have had documentation in California since 1769, the 
first Spanish recognized this. In fact, the local tribe 
specifically like the Lasania or the Kumiai would not stay on 
the coast during the summers when red tides came in. They 
actually migrated into the hills and basically lived in the 
hills away from that. So the fact of red tide, at least in 
California, the area I am very much aware of, working on water 
quality, is naturally occurring, has been going on for 
centuries, and actually is something that I want to make sure 
that we identify as being naturally occurring, even though it 
does cause problems. That is why you will see at least in the 
West, in my part of the world, and I assume your part of the 
world that, you know, shellfish collection has never been 
allowed during the summer because of this, and even the Native 
Americans recognized that and summered in the hills just 
because they didn't want to pick up the abalone during the 
summer.
    Mr. Baird. If the gentleman would yield for a second? Your 
point is very well taken. The bill is not by any means solely 
or predominantly about identifying what is or is not 
anthropogenically caused. Part of the challenge and part of the 
progress of the bill over the last few years has been, for 
example, better predicting when naturally occurring harmful 
algal blooms will occur so you can better warn beachgoers, 
government regulatory agencies that deal with clam seasons, et 
cetera, and we have got some real progress on both coasts where 
research funded under prior iterations of this bill has allowed 
us to make better predictions about when harmful algal blooms 
that are, presumably in these cases, many times naturally 
occurring, so the gentleman's point is well taken.
    Mr. Bilbray. Mr. Chairman, my biggest concern is, the years 
that I served working on air--I mean water quality issues, the 
frustration was Washington designed a system based on 
experience in the Chesapeake and the Eastern Seaboard and its 
application in the Pacific was just absolutely off bounds and 
the Clean Water Act still has problems because it was 
engineered for the East Coast. What is logical in Chesapeake 
would be absurd in the deep Pacific Ocean and so that is--I 
just want to make sure that we keep on that, that the Nation 
is, you know, global approach on all of this but the fact is 
that when we go to these regulations, we have got to give the 
local flexibility, reflect the environment in the neighborhood 
rather than just here in D.C., and I yield back.
    Chairman Gordon. Thank you, Mr. Bilbray. I am sure that Dr. 
Baird being a West Coaster will keep that in mind.
    And Dr. Ehlers, the co-sponsor of the bill, is recognized.
    Mr. Ehlers. I just wanted to comment on one of the issues 
raised about whether this is increasing or not. It is 
increasing. In the Gulf Coast area, for example, it is 
considerably worse than it was some years ago, but also it is 
unique in the sense that we are now beginning to discover the 
same problem in the Great Lakes, particularly Lake Erie, and 
that is a matter of huge concern because they have not seen 
these sorts of things before in the Great Lakes and they are 
now beginning to see them, so it is whereas it used to be a 
local problem along the East and West Coasts and the Gulf 
Coast, it is now becoming a problem throughout the entire 
Nation.
    Mr. Baird. Will the gentleman yield for one second?
    Mr. Ehlers. I will be happy to yield.
    Mr. Baird. The gentleman is absolutely right, and just for 
those of my colleagues who weren't on the Subcommittee, just to 
get a sense of how particularly the freshwater toxins--we are 
familiar with red tide. The freshwater toxins, if they were to 
invade your primary reservoir, a blue-green algae, all the 
normal ways we have of purifying our water, virtually all don't 
work. So we are used to killing protozoa with chlorine. We are 
used to filtering things out with filtration. We are used to 
saying you can boil your water. It turns out that if you boil 
water with blue-green algae in it, you actually concentrate the 
toxin that is in them, and the scientists actually boil the 
water. That is how they sort out the toxins. So if you get 
blue-green algae in your freshwater drinking water supply, you 
are in enormous trouble, and that is why it has been such a 
concern of Dr. Ehlers and the Great Lakes.
    Thank you. I yield back.
    Chairman Gordon. I hope no terrorist is hearing that. We 
better be quiet here. Does anyone else wish to be recognized? 
If not, then I ask unanimous consent that the bill is 
considered as read and open to amendment at any point and that 
the Members proceed with the amendments in 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. Indeed. I have an amendment at the desk.
    Chairman Gordon. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 3650, amendment number 038, 
offered by Mr. Baird of Washington and Mr. Ehlers of Michigan.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    I recognize the gentleman for five minutes to explain the 
amendment.
    Mr. Baird. The manager's amendment responds to concerns 
expressed by NOAA, EPA and other expert witnesses at the 
hearing and makes several clarifying changes.
    The amendment strengthens and expands Section 4 to provide 
more direction to the Administrator of EPA in addressing 
freshwater harmful algal blooms. The amendment also clarifies 
language for the new infrastructure program to be established 
by the Under Secretary. Finally, the amendment makes small 
adjustments to the authorization section to provide specific 
direction for funding certain internal research efforts of 
NOAA. The amendment is the product again of discussions with 
Dr. Ehlers and Minority staff. It strengthens the bill to 
ensure an effective approach to both marine and freshwater 
harmful algal blooms. I urge my colleagues to support it, and 
yield back.
    [The prepared statement of Mr. Baird follows:]
            Prepared Statement of Representative Brian Baird
    The manager's amendment responds to concerns expressed by NOAA, 
EPA, and other expert witnesses at the hearing, and makes several 
clarifying changes.
    The amendment strengthens and expands the language in Section 4 to 
provide more direction to the Administrator of EPA in addressing the 
freshwater harmful algal blooms.
    The amendment also clarifies language for the new Infrastructure 
Program to be established by the Under Secretary.
    Finally, the amendment makes small adjustments to the 
Authorizations section to provide specific direction for funding 
certain internal research efforts of NOAA.
    This amendment is the product of discussions Dr. Ehlers and 
Minority staff, and strengthens the bill to ensure an effective 
approach to addressing both marine and freshwater harmful algal blooms.
    I urge my colleagues to support the amendment.

    Chairman Gordon. Is there further discussion on the 
amendment?
    Mr. Hall. Mr. Chairman?
    Chairman Gordon. Mr. Hall is recognized.
    Mr. Hall. I thank you, and I would like to applaud Dr. 
Ehlers and Dr. Baird for working together so well on this 
manager's amendment. They work the direct opposites in some 
ways and yet they are so parallel in many ways and they really 
work well together. It provides greater direction to agencies 
of the taskforce on what are the most important issues they 
should focus on. Although I am not in favor of overly 
burdensome directives, too much directive allows agencies 
sometimes to misinterpret the intent of Congress. This 
amendment walks that very fine line. It balances between too 
much and not enough. I think Dr. Ehlers might have said too 
much and Dr. Baird not enough, or maybe just the opposite way, 
but it is a good amendment and I encourage my associates to 
support it. I yield back.
    Chairman Gordon. It sounds like the baby bear's porridge 
there. Is there further discussion on the amendment? If no, the 
vote occurs on the amendment. All in favor, say ``aye.'' 
Opposed, ``no.'' The ayes have it and the amendment is agreed 
to.
    The second amendment on the roster is an amendment offered 
by my friend, the Ranking Member, Mr. Hall. Are you ready to 
proceed with your amendment?
    Mr. Hall. I have an amendment at the desk.
    Chairman Gordon. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 3650, amendment number 015, 
offered by Mr. Hall of Texas.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    I recognize the gentleman for five minutes to explain the 
amendment.
    Mr. Hall. Mr. Chairman, this amendment would prevent H.R. 
3650 from forcing State, tribal or local governments to 
shoulder the economic burdens through the requirements of the 
Federal Government. H.R. 3650 aims to ensure dialogue with 
State, tribal and local governments. However, this bill calls 
for the development of regional research and action plans that 
will then need to be implemented. This implementation could 
lead to an unintended financial burden on these government 
entities, and although the onus is currently on the Federal 
Government, the activities identified in these plans are the 
ones that will most likely be executed by State, tribal and 
local governments. As it is written right now, H.R. 3650 does 
not contain any safeguards against unfunded mandates which 
would result if the State, tribal and local governments were 
forced to undertake the activities identified in the plans that 
the Federal Government is responsible for developing and 
implementing. That is my problem, and I yield back.
    [The prepared statement of Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall
    Mr. Chairman, this amendment would prevent H.R. 3650 from forcing 
State, tribal or local governments to shoulder the economic burdens 
through the requirements of the Federal Government.
    H.R. 3650 aims to ensure dialogue with State, tribal and local 
governments. However, this bill calls for the development of regional 
research and action plans that will then need to be implemented. This 
implementation could lead to unintended financial burdens on these 
governmental entities. Although the onus is currently on the Federal 
Government, the activities identified in these plans are ones that will 
most likely be executed by State, tribal and local governments. As it 
is written right now, the H.R. 3650 does not contain any safeguards 
against unfunded mandates which would result if State, tribal and local 
governments were forced to undertake the activities identified in the 
plans that the Federal Government is responsible for developing and 
implementing.
    I yield back.

    Chairman Gordon. Is there further discussion on the 
amendment? Ms. Johnson.
    Ms. Johnson. Thank you very much, Mr. Chairman and Ranking 
Member. On yesterday, my Subcommittee had a hearing on this 
very thing, and it is--we have had hearings on most of the 
large bodies of water in the country. All of them are 
contaminated. We do not have the money to correct all of it but 
what we are attempting to do is get all the stakeholders around 
like the Chesapeake and other large bodies of water and each of 
them takes some responsibility for keeping it clean. It seems 
to me that this would interfere with that but we know that we 
cannot clean up the Chesapeake without the participation of 
Pennsylvania, New York and all the other places that it 
touches, and it is the same with the Sound in New York, and we 
talked about trying to develop reasonable plans where these 
large bodies of water exist because the government is not going 
to be able to do all of it by itself, so we are asking local 
governments to be stakeholders in it. This might interfere with 
that but it is because of the contamination we are 
experiencing, we talked directly on this wild lily thing and 
how it is causing a number of seafood deaths because it 
produces a lot of nitrogen. For that reason, I have some 
question on whether this would interfere with regional plans. 
You know, we have got states all over the country fussing with 
each other about water but somehow we have got to pull all that 
together and get various states to work together, and we 
thought it might be better if it was reasonably organized so 
that Mr. Bilbray won't be talking about what the Northeast 
Coast is doing, he will be talking about what the West Coast is 
doing.
    Mr. Bilbray. Will the gentlelady yield?
    Ms. Johnson. Yes.
    Mr. Bilbray. I agree that the coordination needs to be 
done. I don't think anyone here would assume that those of us 
from Texas or California care more about Long Island Sound than 
the people that live in New York and New Jersey. So I think 
that this is one of those issues of saying we are-Washington 
wants to work with the local communities but let us not take 
the position of we know better, we care more, we have more of a 
vested interest and----
    Ms. Johnson. We are speaking to every official that has 
anything to do with water in each of these states.
    Mr. Bilbray. And I think that the amendment basically says 
that we will do our part and we will pay for what we think 
ought to be done right but we won't basically be imposing a 
cost on the states or the local community that basically are 
the ones who have the biggest vested interest, so we work with 
them and not on top of them, and so I appreciate that, but 
again, I will just say that I think the people in the local 
communities, we ought to give them more credit that they have 
more at stake than we do and work with them and not----
    Ms. Johnson. Reclaiming my time. I agree with you. That is 
why we are working with them. We have had roundtables where we 
just sit around the table and talk about it. For example, 
Connecticut and New York are taking the full load right now of 
that contamination but we know that New Hampshire, Vermont and 
Massachusetts also have a lot of down flow that provides a lot 
of the contamination, and if the states' representatives 
themselves agree to work together to clean it up, I don't--I 
would like not to interfere with that. Thank you.
    Chairman Gordon. Does anyone else wish to be recognized? 
Mr. Broun.
    Mr. Broun. Mr. Chairman, thank you. I yield to Mr. Hall.
    Mr. Hall. I thank you, Dr. Broun. You know, local 
governments have fought unfunded mandates against State 
governments and State governments have fought unfunded mandates 
against the national government. Here we are trying to protect 
the local governments and the State governments, and my 
amendment wouldn't prevent stakeholders from pitching in. 
However, the concern is a top-down mandates that forces states 
to take on too much. It seems like it's a states' right deal or 
even the local governments amendment. I can't answer any better 
than unfunded mandates that we have all fought at one time or 
another, whether we were taking a local government's position--
I have been a State county judge, I have been a State Senator 
and I am a federal Congressman here, and I have fought unfunded 
mandates all the way up and down the road there. This is just 
another protection for stakeholders. It is another protection 
for local governments and another protection for states. It 
looks like it is okay to me but I recognize and I respect the 
wishes of others and the complaints of others and I am willing 
to let the Committee vote on it.
    Mr. Broun. Reclaiming my time. I support this amendment. I 
think it is a common sense amendment. Many states like my own 
State of Georgia is having difficulty balancing our budget. We 
have a balanced-budget amendment to our constitution in the 
State of Georgia and what we see is teachers' salaries are 
being cut, services are being cut. I was up in the mountains 
and I just talked to some of the Department of Natural 
Resources folks and they have had some of their biologists cut, 
and adding more unfunded mandates upon the states is going to 
put more of a financial burden upon those states. We in Georgia 
can't afford any more unfunded mandates from Washington, D.C., 
and I will continue to try to fight to get those unfunded 
mandate burdens off of my state as well as every state in this 
country. I think it is unfair to the states, it is unfair to 
the taxpayers and this is a common sense amendment. It just 
says the Federal Government is going to do their part. The 
states certainly have the prerogative and they have the 
interest and they have all the----
    Ms. Johnson. Would the gentleman yield?
    Mr. Broun. If you will give me a half second, I will be 
glad to yield. They have every incentive to try to look at 
these problems but putting unfunded mandates from Washington, 
D.C., on states is unfair to the taxpayers of those states. It 
is unfair to the communities it affects. So I think it is 
important for us to stop these unfunded mandates on states from 
Washington, D.C., and I will yield.
    Ms. Johnson. Thank you, sir. As you know, your state, 
Tennessee, and Florida have been fighting for the last probably 
10 years over water, and we cannot get them together. We had to 
pass legislation to force them to work with each other. I 
should think that everyone ought to be willing to help to clean 
up the water that they drink, and this is a protection against 
allowing it to get to that point. Cleaning up before it gets to 
that point is much better than trying to clean up afterwards, 
which is what we are trying to do all over the country now. So 
if this does not affect the agreement between these areas, I 
don't know if we are going to get our states together because 
they have been fussing too long, but we are trying.
    Thank you, and I yield back the time.
    Mr. Broun. I appreciate the lady's comments, but as far as 
I am concerned, water that falls on Georgia is Georgia's until 
it goes to Alabama, Tennessee or to Florida, but the thing is, 
we have got to protect the citizens of our states and the 
states cannot afford any more unfunded mandate, so this is a 
common sense amendment and I highly support it, and I yield 
back, Mr. Chairman.
    Mr. Hall. Will the gentleman yield before he yields back?
    Mr. Broun. Certainly.
    Mr. Hall. They ought to mention California in those 
fighting battles between north and southern California. If 
north and southern California ever got together, they could 
pass almost anything they wanted to here, so it is to our 
benefit that they continue to fight over those water rights out 
in California.
    Mr. Bilbray. Absolutely, Mr. Chairman.
    Mr. Hall. I yield back. Thank you.
    Mr. Broun. Thank you, Mr. Chairman.
    Chairman Gordon. Five minutes to Dr. Baird to, among other 
things, to clarify whether Georgia can put a pipe in the 
Tennessee River by virtue of this bill.
    Mr. Baird. I choose not to go there, Mr. Chairman. I 
understand the gentleman's intent and I have great respect for 
the Ranking Member. The challenge is, the research we have 
heard is, I mean, these are rivers, so rivers feed into 
estuaries, feed into the large waterways. The dead zone in the 
Gulf of Mexico is now hundreds of kilometers. Anything that 
swims into it or out of it, you know, you go into it, you die, 
so it is having a profound impact on the fisheries there. The 
coast of Florida, when they get red tides, their beaches are 
shut down, their tourism industry gets killed. So you have an 
unfunded mandate imposed on those states by the upriver states 
whose effluent is contributing to the harmful algal blooms and 
the hypoxia, and the problem is, if you don't have a Federal 
Government, one upriver state says well, nuts to the guys down 
river, we are just going to, you know, let whatever runs in 
there run in there, we are just not going to add the expense, 
and they pass on what is effectively an unfunded mandate. So it 
is not like a local control issue where you have just got to 
constrain city council boundaries. You have got a river that 
flows down into a body of water shared by many, many states and 
downriver folks, and as I read this bill, it is saying that--
and I guess would just ask the gentleman from Texas or some of 
my colleagues, if we have evidence that something being done 
upriver is causing a lethal toxin to develop downriver, don't 
we have a right or a responsibility to tell the upriver folks 
they have to do something about that?
    Mr. Hall. If you are asking me, I would rather withdraw my 
objection to it than to try to explain.
    Mr. Baird. Well, I will reclaim my time. I mean, that is 
the challenge here. I understand the intent but that is the 
nature of this particular problem and I think we just have to 
defeat this however well-intentioned amendment because I think 
its adverse consequences will be grave and that we do have 
downriver impacts, and so I would urge its defeat.
    Mr. Hall. On my amendment, I am going to mark ``doubtful'' 
by your name.
    Mr. Baird. You may do so.
    Mr. Broun. Would the gentleman yield?
    Mr. Baird. I would be happy to yield.
    Mr. Broun. Thank you. This may seem strange from a 
physician, but isn't that what the court is for is to try to 
sort all these types of things where one entity is harmed by 
another?
    Mr. Baird. Well, if I reclaim my time I----
    Mr. Broun. Yes, sir.
    Mr. Baird. The court must operate under laws. We establish 
laws like the Clean Water Act that the court then interprets, 
unless we are to going to somehow imply that there is a tort 
action from one state against another for the pollution. I 
mean, we have federal laws, and what this bill predominantly 
is, I want to reiterate, is a research bill, but it also has--
and I want to underscore something. Mr. Bilbray and others have 
talked about the importance of local planning and states' 
collaboration. The reason we have a taskforce, Mr. Bilbray, is 
precisely so it is not, say, a Chesapeake Bay solution provided 
to Sacramento or Los Angeles or Puget Sound. We have got 
regional entities. They are instructed to work with regional 
governments specifically in the bill, but at some point if you 
reach a point where upriver State activities are imposing undue 
burdens on the downriver states, you have got to have a 
mechanism to say you all have to cut that out, and the 
scientists are telling us that some of this hypoxia and harmful 
algal blooms seem to be connected to nitrogen and phosphorus in 
the water system and we are going to have to reduce that or we 
are imposing a huge unfunded mandate on the beaches that Mr. 
Mack represents or that folks in the Gulf represent or 
conceivably, in Mr. Ehlers' case, in the Great Lakes. So that 
is why I think we have to move forward, and I yield back.
    Chairman Gordon. Mr. Inglis is recognized.
    Mr. Inglis. Thank you, Mr. Chairman, and a question for Dr. 
Baird is, the bill isn't asserting regulatory control rights so 
therefore if Mr. Hall's amendment really doesn't go to--there 
is no ability under the bill to mandate something in the 
scenario just described of downriver, right?
    Mr. Baird. Well, let me read the language of the amendment, 
okay? ``Nothing in this Act or the amendments made by the Act 
shall construe to require State, tribal or local government to 
take any action that may result in an increased financial 
burden to such government.'' The bill does include the 
development of regional plans, and the bill includes regional 
plans to try to reduce that. My concern is that the very broad 
language, absolute language of the proposed amendment would 
suggest that you can't require implementation at any point down 
the road. You might even say if the Act is funding research and 
the research knowledge is pointing to a particular pollutant in 
a particular state, you can't use that research knowledge 
generated by the Act to impose some kind of constraint on the 
behavior, the action, and that is the concern I have. I think 
it is just so broad, somebody is going to say you can't do 
anything based on this, and at some point you have to say that 
is part of what the Federal Government does is, it looks at 
these broad issues and tries to take action for the benefit of 
the overall good of all the states.
    Mr. Inglis. There is money in the bill, though, to pay for 
that research, right? So therefore--and to pay for the 
development of those plans, so it is either that we don't have 
jurisdiction over what Mr. Hall is asserting here because we 
don't have regulatory control, in which case the amendment 
would be harmless to the bill except for making a point about 
unfunded mandates. So in that way, I wonder if it is maybe 
acceptable--I mean, I know we are having this debate about 
unfunded mandates but it is really a situation where we don't 
have jurisdiction over regulation and there is money in the 
bill to pay for the expenses of the plan.
    Mr. Baird. Would the gentleman yield?
    Mr. Inglis. Sure.
    Mr. Baird. As far as the expenses of the plan, absolutely 
right. The money in the bill pays for that. The bill is not 
mandating that the states pay for these research plans. There 
would be an assumption and a hope that the states have some 
expertise and knowledge, you know, whether it is their 
department of fish and wildlife, fisheries, agriculture, 
whatever the State entities are, that they would participate. 
We are trying to cooperate with the states, not mandate that 
they deploy all these folks. If the gentleman's point is that 
the lack of immediate regulatory authority in the bill obviates 
the amendment, then we can just withdraw the amendment. I am 
okay with that. If you are saying that the amendment supports 
this because of the nature of the bill itself, I am certainly 
okay with that. But I am not okay with saying we are going to 
add this on here so that someone can retroactively come back 
and say no, this plan grew out of this bill and any effort to 
implement this plan that grew out of this bill was proscribed 
by this bill, I can't go with that.
    Chairman Gordon. No further discussion----
    Mr. Rohrabacher. Mr. Chairman.
    Chairman Gordon. Mr. Rohrabacher is recognized.
    Mr. Rohrabacher. Well, first of all, I want to 
congratulate----
    Chairman Gordon. I guess we need to go to this side first 
since that was Mr. Inglis's----
    Mr. Rohrabacher. Pardon me.
    Chairman Gordon. But I don't see anybody here, so Mr. 
Rohrabacher is recognized.
    Mr. Rohrabacher. First of all, let me congratulate 
Congressman Baird. I think this is an important issue, and the 
reason Brian knows about this and I know about this, we surfed 
in the red tide a lot and you get red skin and it is itchy, but 
I might note at night when you are surfing in the red tide, 
there is phosphorus and it is like a light show as you are 
going through the waves, but----
    Mr. Baird. How is your hippocampus these days?
    Mr. Rohrabacher. Well, I will tell you, there are dead fish 
and things around as well and so we know this is really a 
significant issue and I want to be very supportive of the base 
of what you are trying to do and I will be supporting the bill. 
However, Mr. Hall's amendment does make sense. I mean, we are 
just talking about unfunded mandate. I, for example, have 
supported--we just were voting on the Chesapeake Bay bill the 
other day and I joined in with some of my other colleagues on 
both sides of the aisle and supported that because you are 
trying to what? You are doing something in a body of water that 
affects different states. Now, we provided money for that. This 
is saying that if there is an unfunded mandate, we should fund 
it if it is dealing with different states, right? I mean, this 
is----
    Mr. Baird. Would the gentleman yield?
    Mr. Rohrabacher. Yes.
    Mr. Baird. The problem with that is, it allows the states 
to be the least common denominator. If a certain upriver state 
says it is for other states to clean up their pollution, we are 
not going to clean up our pollution unless the Federal 
Government----
    Mr. Rohrabacher. This is my point. My point was that if we 
indeed are going to be doing something that requires some major 
expenditure by the states, well, we should just split all the 
money because by definition it is an interstate issue and not 
simply a one-state issue, and that is what the Federal 
Government is here for. The Federal Government is here to be 
involved with interstate issues that cost money, and so I don't 
see anything wrong with the Congressman talking about unfunded 
mandates to the state because that money should be coming from 
the Federal Government just as we just did with the Chesapeake 
Bay.
    Mr. Bilbray. Would the gentleman yield?
    Mr. Rohrabacher. Sure.
    Mr. Bilbray. I appreciate your bringing up the red tide 
issue. In fact, let me just say to anybody, if you haven't 
sailed through a red tide on a moonless night----
    Mr. Rohrabacher. It is incredible.
    Mr. Bilbray. It is the closest thing to flying through 
space with fire everywhere. Wherever the boat touches, it 
lights up and it is quite an experience. But I think that the 
gentlelady from Texas and the gentleman from--the doctor points 
out something that I think that everybody has to be aware of 
is, there is third-party victims in this sometimes. Nobody goes 
down in history as more of a villain in this kind of activity 
than the city of Chicago. You have got Chicago River flowing 
into your lake, which is your water supply. You have got 
pollution in our water supply, so what do you do? You dig a 
canal so you can send all--you make the Chicago River flow 
backwards into the Illinois, down the Mississippi and all the 
way to New Orleans and say it is not our problem anymore. So I 
think there is legitimate concern about when the Federal 
Government should step in. In fact, my wife is from New Orleans 
and she always talks about that she grew up in a city that the 
water was flushed 55 times before it got to her. And I think 
that Chicago is an example of what Dr. Baird is talking about. 
I only ask that we find that fault before we bring down the 
Federal Government's involvement to protect the third innocent 
party. What frustrates me, especially working the Clean Water 
Act authors, is that the third parties never existed in certain 
locations, especially where Hawaii is a good example of being 
required to fulfill the treatment standards and being able to 
have regulatory oversight by the Federal Government over 
something that didn't affect anybody but their own population. 
So all I ask is before we make the step to step into protect a 
third party, that the legislature or somebody down the line has 
to assure that there is a third party to be dependent, because 
right now you have got Hawaii having regulations imposed on 
them that there was never an intention by the authors of the 
Clean Water Act to impose that in those situations, but because 
it was specifically clarified that there needs to be a burden 
of proof, a burden that there is an innocent third party which 
triggers federal intervention, it always goes the other way. 
You always trigger and it ends up going over all. So I think 
the amendment is appropriate, Dr. Baird, as long as we ensure 
that there are going to be times that if the studies do--
because this is a research bill. This research bill will 
probably bring up items that we do need to have the Federal 
Government intervene but there is many places that we 
shouldn't, and all I ask that this time we don't take this 
step. We use the data and the science here to take the next 
step when the facts are located, and you know, we know where 
that is going to be and why but they are not going to be 
everywhere and that is why I think the amendment is 
appropriate.
    Mr. Hall. Will the gentleman yield?
    Mr. Rohrabacher. I have the time. I will be happy to yield.
    Mr. Hall. I just want to point out that the Federal 
Government is going to do the implementation, and that 
implementation could lead to what we would refer to as 
unintended financial burdens on governmental entities, and that 
is what this is guided toward, and the reason is, as it is 
written right now, H.R. 3650 doesn't contain any safeguards, 
none, against unfunded mandates. That is the reason for the 
amendment and that is the sole purpose of the amendment.
    Chairman Gordon. The gentleman's time is expired. Is there 
still further discussion?
    Mr. Bartlett. Mr. Chairman.
    Chairman Gordon. Dr. Bartlett.
    Mr. Bartlett. Thank you. I would just like to ask a 
procedural question. I do not know what rules have been 
changed. But if the rule for this bill does not waive points of 
order, could not a point of order be lodged against the bill if 
in fact there are unfunded mandates exceeding $5 million 
collectively?
    Chairman Gordon. If the rules are not waived, that is 
correct.
    Mr. Bartlett. Would not Mr. Hall's concern, could it not be 
addressed on the Floor if the rule did not waive points of 
order? Why would we want on a bipartisan Committee to have a 
rule that waived points of order?
    Chairman Gordon. You have two questions there.
    Mr. Bartlett. Yes, I would like you to answer both of them.
    Chairman Gordon. First of all, you are correct, and 
secondly, it is the Rules Committee that makes that 
determination, not this committee.
    Mr. Bartlett. What would the Chair recommend to the Rule 
Committee?
    Chairman Gordon. Do the right thing.
    Mr. Bartlett. What would the right thing be?
    Mr. Hall. I think a vote will wipe out all these concerns, 
if you want go ahead and call a roll.
    Chairman Gordon. Well, I think Ms. Biggert wants to defend 
Chicago.
    Ms. Biggert. Absolutely. Thank you for yielding me the 
time. Actually, talking about going upstream or downstream, we 
now have a problem in Chicago and just outside of Chicago and 
having had to build an electronic barrier to keep the Asian 
carp out of Chicago and the whole Great Lakes and really it is 
a very serious problem but we do have the Asian carp swimming 
upstream from down states, and it is a real problem right now 
where we have had to have emergency funds because they are 
really approaching that electronic barrier in my District, so I 
think we should look at both upstream and downstream when you 
are considering this.
    Chairman Gordon. Thank you, Ms. Biggert.
    If there is no further discussion, the Clerk will call the 
roll.
    The Clerk. Chairman Gordon?
    Chairman Gordon. Excuse me. Pardon me. The vote occurs on 
the amendment. All those in favor, say ``aye.'' Opposed, 
``no.'' The no's have it. Does the gentleman----
    Mr. Hall. I ask for a recorded vote.
    Chairman Gordon. The Clerk will call the roll.
    The Clerk. Chairman Gordon?
    Chairman Gordon. No.
    The Clerk. Chairman Gordon votes no. Mr. Costello?
    [No response.]
    The Clerk. Ms. Johnson?
    Ms. Johnson. No.
    The Clerk. Ms. Johnson votes no. Ms. Woolsey?
    [No response.]
    The Clerk. Mr. Wu?
    [No response.]
    The Clerk. Mr. Baird?
    Mr. Baird. No.
    The Clerk. Mr. Baird votes no. Mr. Miller?
    Mr. Miller. No.
    The Clerk. Mr. Miller votes no. Mr. Lipinski?
    [No response.]
    The Clerk. Ms. Giffords?
    Ms. Giffords. No.
    The Clerk. Ms. Giffords votes no. Ms. Edwards?
    Ms. Edwards. No.
    The Clerk. Ms. Edwards votes no. Ms. Fudge?
    Ms. Fudge. No.
    The Clerk. Ms. Fudge votes no. Mr. Lujan?
    Mr. Lujan. No.
    The Clerk. Mr. Lujan votes no. Mr. Tonko?
    Mr. Tonko. No.
    The Clerk. Mr. Tonko votes no. Mr. Griffith?
    Mr. Griffith. No.
    The Clerk. Mr. Griffith votes no. Mr. Rothman?
    [No response.]
    The Clerk. Mr. Matheson?
    Mr. Matheson. No.
    The Clerk. Mr. Matheson votes no. Mr. Davis?
    Mr. Davis. No.
    The Clerk. Mr. Davis votes no. Mr. Chandler?
    Mr. Chandler. No.
    The Clerk. Mr. Chandler votes no. Mr. Carnahan?
    Mr. Carnahan. No.
    The Clerk. Mr. Carnahan votes no. Mr. Hill?
    Mr. Hill. No.
    The Clerk. Mr. Hill votes no. Mr. Wilson?
    Mr. Wilson. No.
    The Clerk. Mr. Wilson votes no. Ms. Dahlkemper?
    Ms. Dahlkemper. No.
    The Clerk. Ms. Dahlkemper votes no. Mr. Grayson?
    Mr. Grayson. No.
    The Clerk. Mr. Grayson votes no. Ms. Kosmas?
    Ms. Kosmas. Yes.
    The Clerk. Ms. Kosmas votes aye. Mr. Peters?
    Mr. Peters. No.
    The Clerk. Mr. Peters votes no. Mr. Hall?
    Mr. Hall. Aye.
    The Clerk. Mr. Hall votes aye. Mr. Sensenbrenner?
    [No response.]
    The Clerk. Mr. Lamar Smith?
    [No response.]
    The Clerk. Mr. Rohrabacher?
    Mr. Rohrabacher. Yes.
    The Clerk. Mr. Rohrabacher votes aye. Mr. Bartlett?
    Mr. Bartlett. Aye.
    The Clerk. Mr. Bartlett votes aye. Mr. Ehlers?
    Mr. Ehlers. Aye.
    The Clerk. Mr. Ehlers votes aye. Mr. Lucas?
    [No response.]
    The Clerk. Ms. Biggert?
    Ms. Biggert. Aye.
    The Clerk. Ms. Biggert votes aye. Mr. Akin?
    Mr. Akin. Yes.
    The Clerk. Mr. Akin votes aye. Mr. Neugebauer?
    [No response.]
    The Clerk. Mr. Inglis?
    Mr. Inglis. Aye.
    The Clerk. Mr. Inglis votes aye. Mr. McCaul?
    Mr. McCaul. Aye.
    The Clerk. Mr. McCaul votes aye. Mr. Diaz-Balart?
    [No response.]
    The Clerk. Mr. Bilbray?
    Mr. Bilbray. Bilbray votes aye.
    The Clerk. Mr. Bilbray votes aye. Mr. Adrian Smith?
    Mr. Smith of Nebraska. Aye.
    The Clerk. Mr. Adrian Smith votes aye. Mr. Broun?
    Mr. Broun. Aye.
    The Clerk. Mr. Broun votes aye. Mr. Olson?
    [No response.]
    The Clerk. Mr. Wu is not recorded.
    Mr. Wu. No.
    The Clerk. Mr. Wu votes no. Mr. Costello is not recorded.
    Mr. Costello. Votes no.
    The Clerk. Mr. Costello votes no.
    Mr. Rothman. Mr. Chairman, I would like to be recorded 
``no'' please.
    The Clerk. Mr. Rothman votes no.
    Chairman Gordon. If no one else is available, then the 
Clerk will report.
    Mr. Mitchell. Mr. Chairman.
    Chairman Gordon. Oh, I am sorry.
    The Clerk. Oh, I am sorry.
    Chairman Gordon. Clerk, you need to----
    The Clerk. Mr. Mitchell?
    Mr. Mitchell. Yes.
    The Clerk. Mr. Mitchell votes aye.
    Chairman Gordon. Would the Clerk clarify Mr. Mitchell's 
vote? It wasn't well heard up here.
    The Clerk. Mr. Mitchell was recorded as voting aye. Are you 
ready for the roll?
    Chairman Gordon. Yes.
    The Clerk. Mr. Chairman, 13 Members vote aye and 22 Members 
vote no.



    Chairman Gordon. The amendment fails. Somewhat out of 
order, let me also suggest that the Committee would like to 
wish our best on to Mr. Neugebauer. Hopefully he will be back 
with us soon, so if his staff is here, please convey that on 
behalf of the entire Committee.
    The third amendment on the roster is an amendment offered 
by the gentleman from Nebraska, Mr. Smith. Are you ready to 
proceed with your amendment?
    Mr. Smith of Nebraska. Yes, Mr. Chairman.
    Chairman Gordon. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 3650, amendment number 001, 
offered by Mr. Smith of Nebraska.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    I recognize the gentleman for five minutes to explain the 
amendment.
    Mr. Smith of Nebraska. Thank you, Mr. Chairman. This 
amendment would insert the phrase ``at the request of the 
states'' in two parts of the bill. The first is where H.R. 3650 
outlines the duties of Under Secretary as head of the taskforce 
and requires the National Oceanic and Atmospheric 
Administration to oversee the development and the 
implementation and review and periodic updating of the regional 
research and action plans. The second is where H.R. 3650 
describes the plan details including the fact it is the Under 
Secretary who is responsible for overseeing the development and 
implementation of the plans. Inserting this phrase would ensure 
the states as part of regions affected by harmful algal blooms 
and hypoxia would be involved from the ground up in 
ascertaining there was a problem and identifying potential 
solutions.
    The intent of H.R. 3650 is for NOAA to be responsible for 
the ultimate development and implementation of the plans. 
Although the bill requires NOAA to coordinate with State, 
tribal and local officials through this process, my amendment 
would strengthen the concept of states maintaining primacy over 
their freshwater and coastal resources by requiring states 
initiate the process, start with requesting the plans instead 
of having the plans forced upon them. It is not anticipated any 
state would refuse to request such a plan. Considering the 
widespread economic and environmental impacts blooms and 
hypoxia can impose, some states are already encouraging some 
sort of action on this issue. Compelling NOAA to wait until the 
states in each region request a plan would preserve State 
control over their freshwater and coastal resources.
    Thank you, Mr. Chairman. I yield back.
    [The prepared statement of Mr. Smith follows:]
           Prepared Statement of Representative Adrian Smith

Mr. Chairman and Members of the Committee,

    This amendment would insert the phrase ``at the request of the 
States'' in two parts of the bill. The first would be where H.R. 3650 
outlines the duties of Under Secretary as head of the Task Force and 
requires the National Oceanic and Atmospheric Administration to 
``oversee the development and implementation, review and periodic 
updating of the Regional Research and Action Plans.'' The second place 
would be where H.R. 3650 describes the plan details, including the fact 
it is the Under Secretary who is responsible for overseeing the 
development and implementation of the plans.
    Inserting this phrase would ensure the states, as part of regions 
affected by harmful algal blooms and hypoxia, would be involved from 
the ground up, in ascertaining there was a problem and identifying 
potential solutions.
    The intent of H.R. 3650 is for NOAA to be responsible for the 
ultimate development and implementation of the plans. Although the bill 
requires NOAA to coordinate with State, tribal and local officials 
through this process, my amendment would strengthen the concept states 
maintain primacy over their freshwater and coastal resources by 
requiring states initiate the process; start with requesting the plans 
instead of having the plans forced upon them.
    It is not anticipated any state would refuse to request such a 
plan. Considering the widespread economic and environmental impacts 
blooms and hypoxia could impose, some states are already encouraging 
some sort of action on this issue. However, compelling NOAA to wait 
until the states in each region request a plan would preserve State 
control over their freshwater and coastal resources.

    Chairman Gordon. Dr. Baird is recognized.
    Mr. Baird. This amendment, though well intentioned, raises 
many of the same issues we just went over so I won't belabor 
those. The bill, as the gentleman mentioned, specifically 
instructs collaborative efforts with the States. My concern 
about the amendment is would effectively give one State or 
another veto power, and if that state happens to be a major 
contributor in some fashion to the factors that exacerbate 
harmful algal blooms, either fresh or saltwater, they would 
basically have veto power over the taskforce and I think that 
is a mistake, so I would urge its defeat.
    Chairman Gordon. Is there further discussion?
    Mr. Smith of Nebraska. Mr. Chairman.
    Chairman Gordon. Without--okay. Mr. Rohrabacher.
    Mr. Rohrabacher. I request time. I yield to my colleague.
    Mr. Smith of Nebraska. Thank you. I would just add that I 
would hope that this whole notion would not be the heavy hand 
of a Federal Government that comes down and that we urge states 
to step up. I guess it boils down to basic philosophy but 
certainly I think that this amendment would encourage states to 
work together that I think will bring about a much more 
effective product, work product in resolving these issues 
rather then encouraging states to pit one against another. 
Thank you, Mr. Chairman. I yield back.
    Mr. Rohrabacher. I yield back my time.
    Chairman Gordon. If there is no further discussion, the 
vote occurs on the amendment. All in favor, say ``aye.'' Those 
opposed, ``no.'' The nays have it.
    Mr. Smith of Nebraska. Mr. Chairman, I ask for a recorded 
vote, please.
    Chairman Gordon. The Clerk will call the roll.
    The Clerk. Chairman Gordon?
    Chairman Gordon. No.
    The Clerk. Chairman Gordon votes no. Mr. Costello?
    Mr. Costello. No.
    The Clerk. Mr. Costello votes no. Ms. Johnson?
    Ms. Johnson. No.
    The Clerk. Ms. Johnson votes no. Ms. Woolsey?
    [No response.]
    The Clerk. Mr. Wu?
    Mr. Wu. No.
    The Clerk. Mr. Wu votes no. Mr. Baird?
    Mr. Baird. No.
    The Clerk. Mr. Baird votes no. Mr. Miller?
    Mr. Miller. No.
    The Clerk. Mr. Miller votes no. Mr. Lipinski?
    Mr. Lipinski. No.
    The Clerk. Mr. Lipinski votes no. Ms. Giffords?
    Ms. Giffords. No.
    The Clerk. Ms. Giffords votes no. Ms. Edwards?
    Ms. Edwards. No.
    The Clerk. Ms. Edwards votes no. Ms. Fudge?
    Ms. Fudge. No.
    The Clerk. Ms. Fudge votes no. Mr. Lujan?
    Mr. Lujan. No.
    The Clerk. Mr. Lujan votes no. Mr. Tonko?
    Mr. Tonko. No.
    The Clerk. Mr. Tonko votes no. Mr. Griffith?
    [No response.]
    The Clerk. Mr. Rothman?
    [No response.]
    The Clerk. Mr. Matheson?
    [No response.]
    The Clerk. Mr. Davis?
    Mr. Davis. No.
    The Clerk. Mr. Davis votes no. Mr. Chandler?
    Mr. Chandler. No.
    The Clerk. Mr. Chandler votes no. Mr. Carnahan?
    Mr. Carnahan. No.
    The Clerk. Mr. Carnahan votes no. Mr. Hill?
    Mr. Hill. No.
    The Clerk. Mr. Hill votes no. Mr. Mitchell?
    Mr. Mitchell. No.
    The Clerk. Mr. Mitchell votes no. Mr. Wilson?
    Mr. Wilson. No.
    The Clerk. Mr. Wilson votes no. Ms. Dahlkemper?
    Ms. Dahlkemper. No.
    The Clerk. Ms. Dahlkemper votes no. Mr. Grayson?
    Mr. Grayson. No.
    The Clerk. Mr. Grayson votes no. Ms. Kosmas?
    Ms. Kosmas. No.
    The Clerk. Ms. Kosmas votes no. Mr. Peters?
    Mr. Peters. No.
    The Clerk. Mr. Peters votes no. Mr. Hall?
    Mr. Hall. Aye.
    The Clerk. Mr. Hall votes aye. Mr. Sensenbrenner?
    [No response.]
    The Clerk. Mr. Lamar Smith?
    [No response.]
    The Clerk. Mr. Rohrabacher?
    Mr. Rohrabacher. Yes.
    The Clerk. Mr. Rohrabacher votes aye. Mr. Bartlett?
    [No response.]
    The Clerk. Mr. Ehlers?
    Mr. Ehlers. Aye.
    The Clerk. Mr. Ehlers votes aye. Mr. Lucas?
    [No response.]
    The Clerk. Ms. Biggert?
    Ms. Biggert. Aye.
    The Clerk. Ms. Biggert votes aye. Mr. Akin?
    [No response.]
    The Clerk. Mr. Neugebauer?
    [No response.]
    The Clerk. Mr. Inglis?
    Mr. Inglis. Aye.
    The Clerk. Mr. Inglis votes aye. Mr. McCaul?
    Mr. McCaul. Aye.
    The Clerk. Mr. McCaul votes aye. Mr. Diaz-Balart?
    [No response.]
    The Clerk. Mr. Bilbray? Mr. Bilbray?
    Mr. Bilbray. Pass.
    The Clerk. Mr. Bilbray passes. Mr. Adrian Smith?
    Mr. Smith of Nebraska. Aye.
    The Clerk. Mr. Adrian Smith votes aye. Mr. Broun?
    Mr. Broun. Aye.
    The Clerk. Mr. Broun votes aye. Mr. Olson?
    [No response.]
    Chairman Gordon. How is Mr. Rothman recorded?
    The Clerk. Mr. Rothman is not recorded.
    Mr. Rothman. I would like to be recorded as no, please.
    The Clerk. Mr. Rothman votes no.
    Chairman Gordon. And how is Mr. Akin recorded?
    The Clerk. Mr. Akin is not recorded.
    Mr. Akin. I would like to be recorded as aye.
    The Clerk. Mr. Akin votes aye.
    Chairman Gordon. And how is Mr. Matheson recorded?
    The Clerk. Mr. Matheson is not recorded.
    Mr. Matheson. No.
    The Clerk. Mr. Matheson votes no.
    Chairman Gordon. And Mr. Bilbray, how is he recorded?
    The Clerk. Mr. Bilbray is reported as pass.
    Mr. Bilbray. Make that an aye, please.
    The Clerk. Mr. Bilbray votes aye.
    Chairman Gordon. Is there anyone else that hasn't been 
recorded? Ms. Edwards, were you recorded? Okay. The Clerk will 
report.
    The Clerk. Mr. Chairman, 10 Members vote aye and 24 Members 
vote no.



    Chairman Gordon. The amendment fails.
    The fourth amendment on the roster is an amendment offered 
by the gentleman from Georgia, Dr. Broun. Are you ready to 
proceed with your amendment or----
    Mr. Broun. Mr. Chairman, I withdraw my amendment.
    Chairman Gordon. Thank you, Mr. Broun. The Clerk will--so 
the vote is now on the bill, H.R. 3650 as amended. All those in 
favor will say ``aye.'' All those opposed, ``no.'' In the 
opinion, the ayes have it. And the ayes have it. I now 
recognize myself for a motion.
    I move the Committee favorably report H.R. 3650 as amended 
to the House with the recommendation that the bill be passed. 
Furthermore, I move that staff be instructed to prepare the 
Committee legislative report and make necessary technical and 
conforming changes and that the Chairman take all necessary 
steps to begin to bring the bill before the House for 
consideration.
    The question is now 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. The Members will have two subsequent calendar days 
in which to submit supplemental Minority or additional views on 
this measure.
    I want to thank the Members for their attendance and the 
staff on both sides for their good work. This concludes our 
Committee markup.
    [Whereupon, at 3:55 p.m., the Committee was adjourned.]


                               Appendix:

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                 H.R. 3650 as amended, Amendment Roster