29–006

108TH CONGRESS REPT. 108–326 " HOUSE OF REPRESENTATIVES ! 1st Session Part 1

HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH 

AMENDMENTS ACT OF 2003

OCTOBER 24, 2003.—Ordered to be printed 

Mr. BOEHLERT, from the Committee on Science, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 1856] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Science, to whom was referred the bill (H.R. 

1856) to reauthorize the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, and for other purposes, 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 ...................................................................................... 5

III. Background and Need for the Legislation ................................................ 5

IV. Summary of Hearings ................................................................................. 7

V. Committee Actions ...................................................................................... 9

VI. Summary of Major Provisions of the Bill .................................................. 9

VII. Section-by-Section Analysis (by Title and Section) .................................. 10

VIII. Committee Views ........................................................................................ 12

IX. Cost Estimate .............................................................................................. 14

X. Congressional Budget Office Cost Estimate ............................................. 14

XI. Compliance With Public Law 104–4 (Unfunded Mandates) .................... 16

XII. Committee Oversight Findings and Recommendations ........................... 16

XIII. Statement on General Performance Goals and Objectives ...................... 16

XIV. Constitutional Authority Statement .......................................................... 16

XV. Federal Advisory Committee Statement ................................................... 16

XVI. Congressional Accountability Act .............................................................. 16

XVII. Statement on Preemption of State, Local, or Tribal Law ........................ 16

XVIII. Changes in Existing Law Made by the Bill, as Reported ........................ 16

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XIX. Committee Recommendations .................................................................... 23

XX. Exchange of Correspondence From Outside Organizations ..................... 24

XXI. Additional Views ......................................................................................... 35

XXII. Proceedings of Subcommittee Markup ...................................................... 37

XXIII. Proceedings of Full Committee Markup .................................................... 57

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 Bloom and Hypoxia Research 

Amendments Act of 2003’’. 

SEC. 2. RETENTION OF TASK FORCE. 

Section 603 of the Harmful Algal Bloom and Hypoxia Research and Control Act 

of 1998 (16 U.S.C. 1451 note) is amended by striking subsection (e). 

SEC. 3. SCIENTIFIC ASSESSMENTS AND RESEARCH PLANS. 

Such section 603 is further amended—

(1) in subsection (a) by adding at the end the following: 

‘‘In developing the assessments and research plans described in subsections (b), (c), 

(d), (e), and (f), the Task Force shall work with appropriate State, Indian tribe, and 

local governments to ensure that the assessments and research plans fulfill the requirements of subsections (b)(2), (c)(2), (d)(2), (e)(2), and (f)(2). Additionally, the 

Task Force shall consult with appropriate industry, academic institutions, and nongovernmental organizations throughout the development of the assessments and research plans.’’; and 

(2) by striking subsections (b) and (c) and inserting the following: 

‘‘(b) SCIENTIFIC ASSESSMENTS OF HARMFUL ALGAL BLOOMS.—(1) Not less than 

once every 5 years the Task Force shall complete and submit to the Committee on 

Science of the House of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate a scientific assessment of harmful algal blooms 

in United States coastal waters. The first such assessment shall be completed not 

later than 24 months after the date of enactment of the Harmful Algal Bloom and 

Hypoxia Research Amendments Act of 2003 and should consider only marine harmful algal blooms. All subsequent assessments shall examine both marine and freshwater harmful algal blooms, including those in the Great Lakes and upper reaches 

of estuaries. 

‘‘(2) The assessments under this subsection shall—

‘‘(A) examine the causes and ecological consequences, and economic costs, of 

harmful algal blooms; 

‘‘(B) describe the potential ecological and economic costs and benefits of possible policy and management actions for preventing, controlling, and mitigating 

harmful algal blooms; 

‘‘(C) evaluate progress made by, and the needs of, Federal research programs 

on the causes, characteristics, and impacts of harmful algal blooms; and 

‘‘(D) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on harmful algal blooms. 

‘‘(c) SCIENTIFIC ASSESSMENT OF FRESHWATER HARMFUL ALGAL BLOOMS.—(1) Not 

later than 24 months after the date of enactment of the Harmful Algal Bloom and 

Hypoxia Research Amendments Act of 2003 the Task Force shall complete and submit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a scientific assessment of current knowledge about harmful algal blooms in freshwater locations such 

as the Great Lakes and upper reaches of estuaries, including a research plan for 

coordinating Federal efforts to better understand freshwater harmful algal blooms. 

‘‘(2) The freshwater harmful algal bloom scientific assessment shall—

‘‘(A) examine the causes and ecological consequences, and the economic costs, 

of harmful algal blooms with significant effects on freshwater locations, including estimations of the frequency and occurrence of significant events; 

‘‘(B) establish priorities and guidelines for a competitive, peer-reviewed, 

merit-based interagency research program, as part of the Ecology and Oceanography of Harmful Algal Blooms (ECOHAB) project, to better understand the 

causes, characteristics, and impacts of harmful algal blooms in freshwater locations; and 

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‘‘(C) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on harmful algal blooms in freshwater locations. ‘‘(d) NATIONAL SCIENTIFIC RESEARCH PLAN INTO REDUCING IMPACTS FROM HARM- FUL ALGAL BLOOMS.—(1) Not later than 12 months after the date of enactment of 

the Harmful Algal Bloom and Hypoxia Research Amendments Act of 2003, the Task 

Force shall develop and submit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the 

Senate a research plan providing for a comprehensive and coordinated national research program to develop prevention, control, and mitigation methods to reduce the 

impacts of harmful algal blooms on coastal ecosystems (including the Great Lakes), 

public health, and the economy. ‘‘(2) The research plan shall— ‘‘(A) establish priorities and guidelines for a competitive, peer-reviewed, 

merit-based interagency research program on methods for the prevention, control, and mitigation of harmful algal blooms; ‘‘(B) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to the actions described in paragraph (1); and ‘‘(C) include to the maximum extent practicable diverse institutions, including 

Historically Black Colleges and Universities and those serving large proportions 

of Hispanics, Native Americans, Asian-Pacific Americans, and other underrepresented populations. 

‘‘(3) The Secretary of Commerce, under the Coastal Ocean Science Program established under section 201(c) of the National Oceanic and Atmospheric Administration 

Authorization Act of 1992, and in conjunction with other appropriate Federal agencies, shall establish a research program that meets the priorities and guidelines established under paragraph (2)(A). The Secretary shall ensure, through consultation 

with Sea Grant Programs, that the results and findings of the research program are 

communicated to State, Indian tribe, and local governments, and to the general public. 

‘‘(e) SCIENTIFIC ASSESSMENTS OF HYPOXIA.—(1) Not less than once every 5 years 

the Task Force shall complete and submit to the Committee on Science of the House 

of Representatives and the Committee on Commerce, Science, and Transportation 

of the Senate a scientific assessment of hypoxia in United States coastal waters including the Great Lakes. The first such assessment shall be completed not less than 

12 months after the date of enactment of the Harmful Algal Bloom and Hypoxia Research Amendments Act of 2003. 

‘‘(2) The assessments under this subsection shall—

‘‘(A) examine the causes and ecological consequences, and the economic costs, 

of hypoxia; 

‘‘(B) describe the potential ecological and economic costs and benefits of possible policy and management actions for preventing, controlling, and mitigating 

hypoxia; 

‘‘(C) evaluate progress made by, and the needs of, Federal research programs 

on the causes, characteristics, and impacts of hypoxia, including recommendations of how to eliminate significant gaps in hypoxia modeling and monitoring 

data; and 

‘‘(D) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on hypoxia. 

‘‘(f) LOCAL AND REGIONAL SCIENTIFIC ASSESSMENTS.—(1) The Secretary of Commerce, in coordination with the Task Force and appropriate State, Indian tribe, and 

local governments, shall provide for local and regional scientific assessments of hypoxia or harmful algal blooms, as requested by State, Indian tribe, or local governments, or for affected areas as identified by the Secretary. If the Secretary receives 

multiple requests, the Secretary shall ensure, to the extent practicable, that assessments under this subsection cover geographically and ecologically diverse locations 

with significant ecological and economic impacts from hypoxia or harmful algal 

blooms. The Secretary shall establish a procedure for reviewing requests for local 

and regional assessments. The Secretary shall ensure, through consultation with 

Sea Grant Programs, that the findings of the assessments are communicated to the 

appropriate State, Indian tribe, and local governments, and to the general public. 

‘‘(2) The scientific assessments under this subsection shall examine—

‘‘(A) the causes and ecological consequences, and the economic costs, of hypoxia or harmful algal blooms in that area; 

‘‘(B) methods to prevent, control, and mitigate hypoxia or harmful algal 

blooms in that area and the potential ecological and economic costs and benefits 

of such methods; and 

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‘‘(C) other topics the Task Force considers appropriate.’’. 

SEC. 4. PREDICTION AND RESPONSE PLAN. 

Section 603 of such Act is further amended by adding at the end the following 

new subsection: ‘‘(g) PREDICTION AND RESPONSE PLAN.— ‘‘(1) DEVELOPMENT OF PLAN.—Not later than 12 months after the date of enactment of the Harmful Algal Bloom and Hypoxia Research Amendments Act 

of 2003, the President, in conjunction with the chief executive officers of the 

States, shall develop and submit to the Congress a plan to protect the environment and public health from impacts of harmful algal blooms. In developing the 

plan, the President shall consult with the Task Force, the coastal States, Indian 

tribes, local governments, industry, academic institutions, and nongovernmental 

organizations with appropriate expertise. ‘‘(2) PLAN REQUIREMENTS.—The plan shall— ‘‘(A) review techniques for prediction of the onset, course, and impacts of 

harmful algal blooms, including an evaluation of their accuracy and utility 

in protecting the environment and public health and an assessment of the 

resources required for their implementation; and ‘‘(B) identify innovative response measures for the prevention, control, 

and mitigation of harmful algal blooms and identify steps needed for their 

development and implementation. ‘‘(3) PUBLICATION AND OPPORTUNITY FOR COMMENT.—At least 90 days before 

submitting the plan to Congress, the President shall publish a summary of the 

proposed plan in the Federal Register for a public comment period of not less 

than 60 days.’’. 

SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

Section 605 of such Act is amended to read as follows: 

‘‘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, $29,200,000 for fiscal year 2004, 

$30,700,000 for fiscal year 2005, and $31,200,000 for fiscal year 2006, 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 title. Of such amounts for each fiscal year— ‘‘(1) $3,000,000 for each of fiscal years 2004, 2005, and 2006 shall 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) $10,200,000 for each of fiscal years 2004, 2005, and 2006 shall be used 

to carry out the Ecology and Oceanography of Harmful Algal Blooms (ECOHAB) 

project under the Coastal Ocean Science Program established under section 

201(c) of the National Oceanic and Atmospheric Administration Authorization 

Act of 1992, with $2,000,000 of such amount used to carry out research on 

freshwater harmful algal blooms; ‘‘(3) $2,000,000 for fiscal year 2004, $3,000,000 for fiscal year 2005, and $3,000,000 for fiscal year 2006 shall be used to carry out the research program 

described in section 603(d)(3); ‘‘(4) $6,000,000 for each of fiscal years 2004, 2005, and 2006 shall be used to 

carry out the Monitoring and Event Response for Harmful Algal Blooms 

(MERHAB) project under the Coastal Ocean Science Program established under 

section 201(c) of the National Oceanic and Atmospheric Administration Authorization Act of 1992; ‘‘(5) $5,000,000 for fiscal year 2004, $5,500,000 for fiscal year 2005, and $6,000,000 for fiscal year 2006 shall be used for activities related to research 

and monitoring on hypoxia through the Coastal Ocean Science Program established under section 201(c) of the National Oceanic and Atmospheric Administration Authorization Act of 1992; and ‘‘(6) $3,000,000 for each of fiscal years 2004, 2005, and 2006 shall be used to 

carry out the activities described in section 603(f).’’. 

SEC. 6. COASTAL OCEAN SCIENCE PROGRAM. 

Section 201(c) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 is amended to read as follows: 

‘‘(c) COASTAL OCEAN SCIENCE PROGRAM.—

‘‘(1) IN GENERAL.—There shall be in the National Oceanic and Atmospheric 

Administration a Coastal Ocean Science Program that supports Great Lakes, 

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estuarine, and coastal ocean research and assessment through competitive, 

peer-reviewed, and merit-based research programs. 

‘‘(2) PROGRAM ELEMENTS.—The Coastal Ocean Science Program shall augment 

and integrate existing research capabilities of the National Oceanic and Atmospheric Administration, other Federal agencies, and the academic community. 

Research shall be conducted to improve predictions of ecosystem trends in Great 

Lakes, estuarine, and coastal ocean resources; to better conserve and manage 

living marine resources; to improve predictions of effects of coastal and Great 

Lakes pollution to help correct and prevent environmental degradation; to improve understanding and characterization of the role oceans play in global climate and environmental analysis; and to improve predictions of coastal hazards 

to protect human life, personal property, and ecosystem function. 

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary of Commerce for implementing the Coastal Ocean 

Science Program $34,000,000 for fiscal year 2004, $36,000,000 for fiscal year 

2005, and $38,000,000 for fiscal year 2006.’’.

II. PURPOSE OF THE BILL

The purpose of the bill is to reauthorize the Harmful Algal Bloom 

and Hypoxia Research and Control Act of 1998. The legislation reauthorizes the programs in that Act for Fiscal Years 2004–2006, 

and provides an updated research framework for addressing harmful algal blooms and hypoxia. 

III. BACKGROUND AND NEED FOR THE LEGISLATION

Algae are microscopic, single-celled organisms present in aquatic 

environments. Under normal conditions, these organisms are benign and serve a critical role as energy producers at the base of 

aquatic food webs, supporting the growth of higher organisms. 

Under certain circumstances, however, the population of a single 

algal species or several related species can rapidly increase in 

abundance, creating what is referred to as an ‘‘algal bloom.’’ Algal 

blooms have many adverse effects on ecosystems and human 

health. ‘‘Harmful algal blooms’’ (HABs) are blooms that produce 

toxins dangerous to humans and aquatic animals. ‘‘Hypoxia,’’

caused by the decomposition of algal blooms, is a condition where 

oxygen levels in the water become depleted to levels unable to support aquatic life. 

Harmful Algal Blooms 

HABs have occurred throughout recorded history, however in the 

past 30 years the rate of occurrence and the duration of HABs have 

increased substantially. In the past year alone, HABs were implicated in the death of 72 manatees in Florida and 57 dolphins and 

319 sea lions in Southern California. Warnings for people to avoid 

swimming because of HABs were posted in parts of the Chesapeake 

Bay and Lake Erie for much of the summer of 2003. HABs present 

a major threat to aquatic environments and to human health because of the toxins released during the events. These compounds 

can kill or injure large quantities of aquatic animals that come in 

direct contact with them. Also, the toxins can accumulate in animals that are not susceptible and cause illness when they are later 

consumed by humans, who are susceptible to the toxins. Some toxins are so potent that consumption of a single contaminated clam 

or mussel can be enough to cause illness. Humans may also be 

harmed directly by skin contact or inhalation of spray from toxincontaminated water. To protect the public when harmful algae are 

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detected, state and local governments must close beaches to swimmers and shellfish beds to commercial and recreational harvesting, 

and seafood distributors may need to recall already harvested 

shellfish. 

Average economic impacts from HABs total $50 million per year 

in the United States, although severe single events have cost that 

amount alone to localities. The economic impacts of HABs include 

costs associated with conducting research and monitoring programs; short-term and permanent closures of harvestable shellfish 

and fish stocks; reductions in seafood sales; mortalities of wild and 

farmed fish, shellfish, submerged aquatic vegetation, and coral 

reefs; declines in tourism; and treatment of human illness. 

Hypoxia 

Hypoxia occurs when an algal bloom dies and is decomposed by 

bacteria in the water. The decomposition process consumes oxygen, 

creating an environment in which plants and animals cannot survive. Concern about hypoxia has focused primarily on the Gulf of 

Mexico, where a hypoxic zone the size of New Jersey appears each 

summer and persists for much of the season. This renders the affected area, which normally contains some of the most valuable 

fisheries in the United States, essentially lifeless. Other areas of 

the country that experience chronic hypoxia include the Chesapeake Bay, Long Island Sound, and Sarasota Bay. In 2003, the hypoxia in the Chesapeake Bay has been the worst ever observed, 

with reports of crabs leaping out of the water gasping for oxygen. 

The most recent analysis by the National Oceanic and Atmospheric 

Administration (NOAA) indicates that over half of the country’s estuaries experience hypoxia at some time each year. 

Most experts agree that the major cause of hypoxia is nutrient 

pollution in the watersheds of coastal areas. The dead zone in the 

Gulf of Mexico illustrates the regional and national scale of this 

problem. The Mississippi River Basin includes drainage from 31 

states and carries farm chemicals, treated sewage discharge, storm 

water runoff, and pollutants from factories and refineries to the 

Gulf. Given the economic importance and large geographic distribution of the pollutant sources, this presents a challenging, national 

management problem. 

Hypoxia can be caused by any type of algal bloom, not only by 

blooms of toxin-producing algae. Macroalgal, or seaweed, blooms 

also can lead to hypoxia. Numerous factors, including nutrient pollution and introduction of invasive species from ballast water, 

cause macroalgal blooms. The result of these seaweed blooms can 

be shading or smothering of other organisms that need sunlight to 

survive, habitat degradation, and hypoxia as the seaweeds decompose. 

Congressional Action 

In 1997, an outbreak of Pfiesteria piscicida focused public and 

Congressional attention on harmful algal blooms in the Chesapeake Bay and was partly responsible for prompting the Harmful 

Algal Bloom and Hypoxia Research and Control Act of 1998 

(HABHRCA). The legislation was referred to the Committee on 

Science, in addition to the Committee on Resources, and became 

Title VI of Public Law 105–383, the Coast Guard Authorization Act 

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of 1998. HABHRCA established an Interagency Task Force on 

HABs and Hypoxia and required four reports from that task force: 

the National Harmful Algal Bloom Assessment, the Gulf of Mexico 

Hypoxia Assessment, the Gulf of Mexico Hypoxia Action Plan, and 

the National Hypoxia Assessment. The first three were published; 

the last is finished and awaiting publication. Additionally, a Mississippi River/Gulf of Mexico Watershed Nutrient Task Force was 

established to implement the Gulf of Mexico Action Plan. This watershed task force consists of Federal, state and local stakeholders 

and meets regularly to discuss the implementation process. 

HABHRCA authorized funding for HAB and hypoxia research 

through NOAA. In particular, the Act supported the Ecology and 

Oceanography of Harmful Algal Blooms (ECOHAB) program that 

the Clinton Administration had launched in 1996. This program 

supports basic research necessary to understand HABs and to 

produce models to forecast bloom development, persistence and toxicity. Grant applications are solicited from universities, private research institutions, and Federal agencies and are awarded through 

a merit-reviewed system. NOAA coordinates ECOHAB with the 

Environmental Protection Agency (EPA), the National Science 

Foundation (NSF), the U.S. Department of Agriculture (USDA), the 

Department of the Interior, the National Aeronautics and Space 

Administration (NASA), and the Office of Naval Research (ONR). 

HABHRCA also supports the Monitoring and Event Response for 

Harmful Algal Blooms (MERHAB) program, in which local resource 

managers and scientific institutions form partnerships to enhance 

existing water and shellfish monitoring programs with new technology, with the ultimate goal of building sustainable regional partnerships that provide managers with crucial information in time 

for critical decisions needed to mitigate HAB impacts. 

The authorizations in HABHRCA expired in fiscal year (FY) 

2000, however NOAA has continued to receive around $17 million 

annually for HAB and hypoxia research. HABs and hypoxia continue to affect communities throughout the United States and there 

remains much to learn about what can be done to control these 

events. The research performed under these programs can help 

local resource managers develop tools for quickly detecting HABs, 

providing them longer lead time in warning the public about swimming and seafood consumption. Additionally, while research under 

the 1998 Act provided insights into many marine HAB events, the 

area of freshwater HABs has not received as much attention. 

Freshwater HABs are increasing in occurrence, especially in the 

Great Lakes, and are not as well understood. 

IV. SUMMARY OF HEARINGS

March 13, 2003—Harmful Algal Blooms: Strengthening the Science 

On March 13, 2003, the Subcommittee on Environment, Technology, and Standards held a hearing to explore the current state 

of the science in understanding, predicting, and responding to 

HABs and hypoxia. The witnesses also commented on a draft 

version of H.R. 1856. 

The following witnesses testified before the Committee: (1) Dr. 

Donald Scavia, Chief Scientist, National Ocean Service, NOAA; (2) 

Dr. Charles G. Groat, Director, United States Geological Survey; 

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(3) Dr. Wayne Carmichael, Professor, Aquatic Biology and Toxicology, Department of Biological Sciences, Wright State University, 

Dayton, Ohio; (4) Dr. Donald Anderson, Senior Scientist, Biology 

Department, Woods Hole Oceanographic Institute, Massachusetts; 

and (5) Mr. Dan Ayres, Fish and Wildlife Biologist, Washington 

State Department of Fish and Wildlife. 

Dr. Scavia began the hearing by providing an overview of accomplishments under HABHRCA: • The Act facilitated the development of an action plan to address hypoxia in the Gulf of Mexico and assessment of the problem 

of harmful algal blooms nationwide. • Research under ECOHAB has yielded valuable data about the 

formation of blooms, which has been applied to developing models 

for forecasting and tracking blooms. • Research under MERHAB has led to the development of new 

tools to provide early warnings about harmful algae and their toxins to state and tribal monitoring programs. • HABs and hypoxia continue to threaten ecosystems and human 

health and warrant further research under a revised version of 

HABHRCA. 

Dr. Groat testified about the challenges researchers face in developing useful modeling and monitoring techniques for the Mississippi River Basin: • Water quality data on the region is gathered by USGS and 

state agencies. There are inconsistencies in how the data is collected and reported that make it less useful than it could be for developing models. • Additional watershed level monitoring research would provide 

better data for modeling and help inform control strategies. 

Dr. Carmichael provided testimony on the occurrence and impacts of freshwater HABs: • There is an emerging link between invasive species and the occurrence of new blooms in the Great Lakes, because the invasive 

organisms consume the non-toxic algae and create an environment 

where the toxic algae face decreased competition and can grow 

abundantly. 

• Increased hypoxia also is occurring in the Great Lakes, likely 

due to the invasive species altering nutrient dynamics in the lake. 

• A coordinated Federal, academic and private effort to address 

freshwater HABs is needed. 

Dr. Anderson showed that algal blooms have increased in range 

and occurrence in the past 30 years and gave an overview of the 

research findings and agenda for marine HABs: 

• Several algal species that cause paralytic shellfish poisoning 

have been identified and their bloom locations mapped. 

• Probes that electronically or chemically detect HAB species are 

being developed for deployment on buoys to help make HAB forecasts. 

• Continued support for HABHRCA and ECOHAB will allow researchers to develop these and other tools, and to perform research 

on alleviating the impacts of algal blooms. 

Mr. Ayres testified about his experiences as a fishery manager 

responsible for monitoring toxins in razor clam and Dungeness crab 

fisheries exposed to algal blooms, and his interactions with various 

government and economic stakeholders in the State of Washington: 

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• Funding from the MERHAB program has allowed the Washington State Department of Fish and Wildlife to set up a plankton 

monitoring program, in conjunction with their current shellfish tissue testing program, which helps to provide advanced notice of 

problems to state and tribal fishery managers. 

• Another MERHAB grant assists members of the Olympic Region Harmful Algal Bloom project to develop detection technologies 

and test kits and perform plankton identification training programs. This collaboration between scientists and resource managers has been valuable to the Washington State Department of 

Fish and Wildlife. 

V. COMMITTEE ACTIONS

Congressman Vernon J. Ehlers introduced H.R. 1856, the Harmful Algal Bloom and Hypoxia Research Amendments Act of 2003, 

on April 29, 2003, at which time the bill was referred to the Committee on Science, and in addition to the Committee on Resources. 

On March 13, 2003 the Environment, Technology and Standards 

Subcommittee held a hearing on the state of the science in understanding, predicting, and responding to HABs and hypoxia. 

The Subcommittee on Environment, Technology and Standards 

met on June 5, 2003 to consider the bill. Subcommittee Chairman 

Ehlers offered an amendment, which made technical corrections 

and made funding under the Coastal Ocean Program, the parent 

program for HAB and hypoxia research, available only for competitive, peer-reviewed, and merit-based research. Mr. Baird offered an 

amendment that added a prediction and response plan to review 

and evaluate techniques for prevention, control, and mitigation of 

HABs. Both amendments were adopted by voice vote. The Subcommittee favorably reported the bill, H.R. 1856, as amended, by 

voice vote. 

On July 22, 2003, the Committee on Science considered H.R. 

1856. Congresswoman Sheila Jackson-Lee offered an amendment 

requiring that diverse institutions be considered for research

grants to the maximum extent possible. The Committee adopted 

the amendment by voice vote. The Committee favorably reported 

the bill as amended, by voice vote, and authorized staff to make 

technical and conforming changes as necessary. 

VI. SUMMARY OF MAJOR PROVISIONS OF THE BILL

The legislation amends the Harmful Algal Bloom and Hypoxia 

Research and Control Act of 1998 (HABHRCA) (16 U.S.C. 1451 

note). HABHRCA provided for an interagency task force to develop 

two reports assessing harmful algal blooms and hypoxia at the national scale and two reports addressing hypoxia in the Gulf of Mexico. Additionally, HABHRCA authorized funding through NOAA for 

research on HABs and hypoxia. 

The legislation retains the Interagency Task Force on Harmful 

Algal Blooms and Hypoxia and requires the Task Force to develop 

national scientific assessments of HABs and hypoxia on a regular 

basis. The legislation also requires NOAA, with the help of the 

Task Force, to coordinate regional scale assessments of HABs and 

hypoxia. The legislation amends the language of HABHRCA to reVerDate jul 14 2003 22:55 Oct 27, 2003 Jkt 029006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR326P1.XXX HR326P1
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quire stronger consultation with local resource managers in developing the assessments and research plans. 

The legislation requires the Task Force to develop a scientific assessment of freshwater HABs and directs NOAA to add freshwater 

HABs to the research sponsored by the Ecology and Oceanography 

of Harmful Algal Blooms (ECOHAB) program. 

The legislation directs NOAA to establish a research program on 

prevention, control and mitigation techniques for HABs. The legislation also directs the President to develop a prediction and response plan that reviews techniques for prediction of HABs and 

identifies potential response measures. 

The legislation reauthorizes existing research programs through 

NOAA at the following levels: for NOAA laboratories, $3,000,000 

annually for FY 2004–2006; for ECOHAB, $10,200,000 annually for 

FY 2004–2006, of which $2,000,000 shall be used for research on 

freshwater HABs; for research on prevention, control and mitigation techniques, $2,000,000 in FY 2004, $3,000,000 in FY 2005, and 

$3,000,000 in FY 2006; for MERHAB program, $6,000,000 annually 

for FY 2004–2006; for research and monitoring on hypoxia, 

$5,000,000 for FY 2004, $5,500,000 for FY 2005, and $6,000,000 for 

FY 2006; and for the local and regional assessments of HABs and 

hypoxia, $3,000,000 annually for FY 2004–2006. 

The legislation amends the Coastal Ocean Program (section 

201(c) of the National Oceanic and Atmospheric Administration 

Authorization Act of 1992) to require that research under this program be competitive, peer-reviewed, and merit-based. The legislation places all authorizations for HAB and hypoxia research programs under the Coastal Ocean Program, as amended. 

VII. SECTION-BY-SECTION ANALYSIS (BY TITLE AND SECTION) 

Sec. 1. Short Title 

‘‘Harmful Algal Bloom and Hypoxia Research Amendments Act of 

2003’’. 

Sec. 2. Retention of Task Force 

Amends HABHRCA by striking subsection 605(e), which provided for the disestablishment of the Task Force after the plans 

and assessments were submitted. 

Sec. 3. Scientific Assessments and Research Plans 

Amends Sec. 603 of HABHRCA as described below: 

Sec. 3 (1). Task Force Activities.—Amends Sec.603(a) of 

HABHRCA to require the Task Force to work with local resource 

managers and consult with academic researchers, industry and 

non-governmental organizations in developing assessments and research plans. 

Sec. 3(2).—Amends Sec. 603(b) and (c) of HABHRCA by striking 

those sections and inserting the sections described below: 

Sec.3(2)(b). Scientific Assessments of Harmful Algal Blooms.—Requires a nationwide assessment of HABs once every five years. 

This first assessment would include only marine HABs and all subsequent assessments would include marine and freshwater (including the Great Lakes and upper reaches of estuaries) HABs. The 

timing of the first assessment coincides with a revision, already unVerDate jul 14 2003 22:55 Oct 27, 2003 Jkt 029006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR326P1.XXX HR326P1
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derway, of national research priorities for marine biotoxin and 

harmful algal bloom research. 

Sec. 3(2)(c). Scientific Assessment of Freshwater Harmful Algal 

Blooms.—Requires a one-time assessment of freshwater HABs that 

in the future would be incorporated into the HAB assessment in 

Sec. 3(2)(b). Requires the development of a research plan for incorporating freshwater HAB research into ECOHAB interagency grant 

program. 

Sec. 3(2)(d). National Scientific Research Plan into Reducing Impacts from Harmful Algal Blooms.—Requires a research plan and 

establishment of a research program based on the plan to develop 

methods in the prevention, control and mitigation of HABs. 

Sec. 3(2)(e). Scientific Assessments of Hypoxia.—Requires national hypoxia scientific assessments once every five years. 

Sec. 3(2)(f). Local and Regional Scientific Assessments.—Authorizes funding for local and regional scientific assessments of HABs 

and hypoxia, as requested by localities and coordinated through the 

Task Force and the National Ocean Service (NOS) at NOAA. 

Sec. 4. Prediction and Response Plan 

Requires the development of a plan to protect the environment 

and public health from impacts of harmful algal blooms. The plan 

will review HAB prediction techniques, identify innovative HAB response measures, and recommend steps needed for implementation 

of both of these topics. 

Sec. 5. Authorization of Appropriations

Amends Sec. 605 of HABHRCA by striking the original language 

and inserting authorizations for FY2004, 2005, and 2006. Total authorizations for FY2004 would be $29.2 million; for FY2005, $30.7 

million; and for FY2006, $31.2 million. Places authorizations for research programs, in Sec. 5(2), 5(3), 5(4), and 5(5), under the Coastal Ocean Program so that these funds will be distributed on a competitive, peer-reviewed and merit-based basis. 

The total amount authorized for all programs in the bill is divided in the following manner: 

1. $3 million annually for research and assessment activities at 

National Ocean Service Laboratories. 

2. $10.2 million annually for the ECOHAB program, of which $2 

million is to be used for research on freshwater HABs. 

3. $2 million in FY2004, $3 million in FY2005 and FY2006 for 

research on prevention, control and mitigation methods. 

4. $6 million annually for the Monitoring and Event Response for 

Harmful Algal Blooms (MERHAB) program. 

5. $5 million in FY2004, $5.5 million in FY2005, and $6 million 

in FY2006 for research and monitoring on hypoxia by the National 

Ocean Service and the Office of Oceanic and Atmospheric Research 

of NOAA. 

6. $3 million annually for the local and regional assessments in 

Sec. 3(f). 

Sec. 6. Coastal Ocean Science Program 

Amends the Coastal Ocean Program in the National Oceanic and 

Atmospheric Administration Authorization Act of 1992 so that the 

program supports Great Lakes, estuarine and coastal ocean reVerDate jul 14 2003 22:55 Oct 27, 2003 Jkt 029006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR326P1.XXX HR326P1
12

search and assessment through competitive, peer-reviewed, and 

merit-based research programs. Sets authorization levels for the 

Coastal Ocean Science Program at $34,000,000 for FY2004, 

$36,000,000 for FY2005, and $38,000,000 for FY2006. 

VIII. COMMITTEE VIEWS

Sec. 2 and Sec. 3(1): Task Force Retention and Responsibilities 

HAB and hypoxia events are expected to continue to increase in 

frequency and duration, and their annual economic impact will 

likely grow if not addressed adequately. These events continue to 

create problems that require the attention of multiple agencies. 

The Committee believes that retaining the Interagency Task Force 

on Harmful Algal Blooms and Hypoxia will facilitate following 

through on recommendations from the reports the Task Force produced under HABHRCA. Additionally, retaining the Task Force is 

necessary for activities in the legislation. The Committee requires 

the Task Force to work closely with state, Indian tribe and local 

governments and to consult with industry, academic institutions 

and non-governmental organizations in carrying out its requirements under H.R. 1856. This close consultation is meant to ensure 

that the needs of local resource managers are considered in developing research plans. Additionally, the Committee expects the Task 

Force to utilize the expertise of all of these groups in preparing the 

assessments required in the legislation. 

Sec. 3(2)(b), (c) and (e): Scientific Assessments of Harmful Algal 

Blooms and Hypoxia 

In Sec. 3(2)(b) and 3(2)(c), the Committee requires a scientific assessment of HABs once every five years. These assessments will facilitate periodic review of HAB programs. Twenty-four months after 

enactment of the legislation, the first of these regular assessments 

is due to Congress. For this first assessment, the Committee requires freshwater HABs to be examined in a separate report because this is a new area of HAB research under HABHRCA and 

requires the development of a research plan in addition to an assessment. Research on freshwater HABs lags behind efforts addressing marine blooms and there is no comprehensive source of information on the occurrences and effects of freshwater HABs in the 

United States. Additionally, the Great Lakes have recently exhibited an increase in the occurrence of HABs and more research is 

needed to understand this phenomenon. The Committee expects 

both the Great Lakes and significantly impacted upper reaches of 

estuaries to be considered in the freshwater HAB assessment. In 

future scientific assessments of HABs, one assessment should contain information about both marine and freshwater HABs. 

In Sec. 3(2)(e), the Committee requires regular assessments of 

the current understanding and extent of hypoxia in United States 

waters. Since hypoxia is one symptom of coastal eutrophication 

(nutrient pollution), the assessments should support part of a 

multi-agency effort, led by NOAA, already underway to assess the 

scope and science of coastal eutrophication on a regular basis. The 

Committee takes note that the first national-scale assessment of 

hypoxia, which was due to Congress in 1999, has not yet been received. The Committee is extremely disappointed that this report 

13

is four years late and expects that future reports will be delivered 

on time. 

Sec. 3(2)(d): Research Plan Into Reducing Impacts From Harmful 

Algal Blooms 

In the 1998 Act, funding was authorized for research on prevention, control and mitigation techniques for HABs, however NOAA 

never requested or received funds under this authorization because 

it did not have a formal research program for utilizing the money. 

Witnesses at the Subcommittee hearing in March 2003 stated that 

the science is moving towards developing these techniques and that 

it is time to develop a coordinated Federal support for this type of 

research. The Committee is aware of two potential plans in previously issued NOAA reports that the Task Force could use to develop a research plan. H.R. 1856 requires NOAA to establish a research program, based on the Task Force plan, on methods for the 

prevention, control and mitigation of HABs. 

H.R. 1856 requires the Task Force to closely work with local resource managers in developing the research plan to ensure that it 

will address the needs of those managers. The Committee expects 

that the prevention, control and mitigation research plan will include plans for pilot-scale studies and for technology transfer and 

commercial application of successful methods. This will help bridge 

the gap between basic research and management activities, which 

scientists believe is an important next step in HAB research. 

Sec. 3(2)(f): Local and Regional Assessments of HABs and Hypoxia 

The Committee commends the Task Force for undertaking the 

national scale assessments of HABs and hypoxia. The assessments 

provide a starting point for addressing these problems that affect 

waters throughout the country. However, the causes of and potential mitigation methods for HAB or hypoxic events vary with regional water use, land use, and ecology. Therefore, the Act directs 

NOAA and the Task Force to coordinate local and regional assessments of HABs and hypoxia, as they represent an essential source 

of information in HABs and hypoxia. When selecting localities and 

regions in which to perform these assessments, the Act requires 

that NOAA first consider requests by states, Indian tribes, and 

local governments. However, NOAA may initiate an assessment if 

it identifies areas in which an assessment is needed and sufficient 

funds are available after considering the requests of state, Indian 

tribe and local governments. 

Sec. 5 and 6: Authorizations Under the Coastal Ocean Science Program 

The Act requires that all authorizations for research programs 

(under Sec. 605(2), 605(3), 605(4), and 605(5)) be used for research 

grants provided under a competitive, peer-reviewed and meritbased process. The Committee expects that, in addition to researchers from academic institutions and industry, researchers at NOAA 

and other Federal labs also will be able to compete for these funds. 

Additionally, the Committee expects the appropriate state, Indian 

tribe and local resource managers to be involved in the review of 

MERHAB research grant applications submitted under Sec. 605(4), 

14

and prevention, control and mitigation research grant applications 

submitted under Sec. 605(3). 

The Committee was displeased to learn earlier this year that 

NOAA had used funds for HAB research programs to cover operational expenses at agency labs and wants to ensure that this will 

not occur in the future. In the past, NOAA had taken small 

amounts of the funding under the authorizations for ECOHAB and 

MERHAB and used it for internal lab support. In FY2003, NOAA 

took much larger portions of this research money for its own labs, 

leaving researchers without grant money that had already been 

awarded to them. The Committee directs NOAA to place all of the 

funding for ECOHAB and MERHAB under the Coastal Ocean Program and to utilize the funding authorized under section 605(1) for 

internal lab support related to HABs and hypoxia. 

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 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. 1856 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. 1856 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

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, July 29, 2003. 

Hon. SHERWOOD L. BOEHLERT, 

Chairman, Committee on Science, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1856, the Harmful Algal 

Bloom and Hypoxia Amendments Act of 2003. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susanne S. Mehlman. 

Sincerely, 

ROBERT A. SUNSHINE

(For Douglas Holtz-Eakin, Director). 

Enclosure. 

H.R. 1856—Harmful Algal Bloom and Hypoxia Amendments Act of 

2003

Summary: H.R. 1856 would reauthorize the Harmful Algal Bloom 

and Hypoxia Research and Control Act of 1998 for the next five 

years. This legislation also would extend the life of a federal interagency task force established to assess the problems of algal 

blooms and hypoxia. Algal blooms are unusual concentrations of 

algae that produce toxins that are implicated in fish kills and are 

considered a possible threat to public health. They also can lead to 

15

other damaging marine conditions such as hypoxia, which occurs 

when an algal bloom dies and decomposes, reducing oxygen in the 

water to levels that are harmful to aquatic life. This legislation would authorize the appropriation of $29 million in 2004 and $91 million over the 2004–2006 period for various efforts by an interagency task force to control aquatic problems related to algal blooms and hypoxia. Such efforts would include research, education, and management activities related to preventing, reducing, and controlling algal blooms, local and regional 

assessments of harmful algal blooms and hypoxia, and the development of a prediction and response plan to protect the environment 

and public health from harmful algal blooms. In addition, H.R. 1856 would authorize the appropriation of $34 million in 2004 and $108 million over the 2004–2006 period for the 

Coastal Ocean Science Program. 

CBO estimates that implementing H.R. 1856 would cost a total of $193 million over the 2004–2008 period, assuming appropriation 

of the authorized amounts. Enacting H.R. 1856 would not affect direct spending or revenues. The legislation 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. 1856 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). For this estimate, CBO assumes that H.R. 1856 

will be enacted near the start of fiscal year 2004 and that the 

amounts authorized by the bill will be appropriated near the start 

of each fiscal year. Estimated outlays are based on historical 

spending patterns for similar programs.

By fiscal year, in millions of dollars—

2003 2004 2005 2006 2007 2008

SPENDING SUBJECT TO APPROPRIATION

Spending under current law: 

Budget authority 1 ............................................................... 28 0 0 0 0 0

Estimated outlays ................................................................ 28 11 3 2 1 0

Proposed changes: 

Algal bloom and hypoxia activities: 

Authorization level ...................................................... 0 29 31 31 0 0

Estimated outlays ....................................................... 0 18 27 29 11 4

Coastal Ocean Science Program: 

Authorization level ...................................................... 0 34 36 38 0 0

Estimated outlays ....................................................... 0 21 31 35 13 4

Spending under H.R. 1856: 

Authorization level 1 ............................................................. 28 63 67 69 0 0

Estimated outlays ................................................................ 28 50 61 66 25 8

1 The 2003 level is the amount appropriated that year for activities currently being performed under the Harmful Algal Bloom and Hypoxia 

Research and Control Act and the existing Coastal Ocean Program. 

Intergovernmental and private-sector impact: The legislation 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 July 14, 2003, CBO transmitted a 

cost estimate for S. 247, the Harmful Algal Bloom and Hypoxia 

Amendments Act of 2003, as ordered reported by the Senate Committee on Commerce, Science, and Transportation on June 17, 

16

2003. Both bills would reauthorize the Harmful Algal Bloom and 

Hypoxia Research and Control Act. CBO estimates that implementing S. 247 would cost $118 million over the 2004–2008 period while implementing H.R. 1856 would cost $192 million over the 

same period because the House bill would also authorize funding 

for the Coastal Ocean Science Program. 

Estimate prepared by: Federal Costs: Susanne S. Mehlman. Impact on State, Local, and Tribal Governments: Marjorie Miller. Impact on the Private Sector: Cecil McPherson. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

XI. COMPLIANCE WITH PUBLIC LAW 104–4 

H.R. 1856 contains no unfunded mandates. 

XII. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

The Committee on Science’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)(4) of House rule XIII, the goals and objectives of the bill are to reauthorize programs under the Harmful 

Algal Bloom and Hypoxia Research and Control Act of 1998 (16 

U.S.C. 1451 note) and to reauthorize the Coastal Ocean Science 

Program (Section 201 of the National Oceanic and Atmospheric Administration Authorization Act of 1992). 

XIV. CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact H.R. 1856. 

XV. FEDERAL ADVISORY COMMITTEE STATEMENT

H.R. 1856 does not establish nor authorize the establishment of 

any advisory committee. 

XVI. CONGRESSIONAL ACCOUNTABILITY ACT

The Committee finds that H.R. 1856 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. STATEMENT ON PREEMPTION OF STATE, LOCAL, OR TRIBAL

LAW

This bill is not intended to preempt any state, local, or tribal law.

XVIII. 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 italics, 

existing law in which no change is proposed is shown in roman): 

17

HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND 

CONTROL ACT OF 1998

TITLE VI—HARMFUL ALGAL BLOOMS 

AND HYPOXIA 

* * * * * * *

SEC. 603. ASSESSMENTS. 

(a) ESTABLISHMENT OF INTER-AGENCY TASK FORCE.—The

President, through the Committee on Environment and Natural 

Resources of the National Science and Technology Council, shall establish an Inter-Agency Task Force on Harmful Algal Blooms and 

Hypoxia (hereinafter referred to as the ‘‘Task Force’’). The Task 

Force shall consist of the following representatives from—

(1) * * *

* * * * * * *

In developing the assessments and research plans described in subsections (b), (c), (d), (e), and (f), the Task Force shall work with appropriate State, Indian tribe, and local governments to ensure that 

the assessments and research plans fulfill the requirements of subsections (b)(2), (c)(2), (d)(2), (e)(2), and (f)(2). Additionally, the Task 

Force shall consult with appropriate industry, academic institutions, and non-governmental organizations throughout the development of the assessments and research plans.

ø(b) ASSESSMENT OF HARMFUL ALGAL BLOOMS.—

ø(1) Not later than 12 months after the date of the enactment of this title, the Task Force, in cooperation with the 

coastal States, Indian tribes, and local governments, industry 

(including agricultural organizations), academic institutions, 

and non-governmental organizations with expertise in coastal 

zone management, shall complete and submit to the Congress 

an assessment which examines the ecological and economic 

consequences of harmful algal blooms, alternatives for reducing, mitigating, and controlling harmful algal blooms, and the 

social and economic costs and benefits of such alternatives. 

ø(2) The assessment shall—

ø(A) identify alternatives for preventing unnecessary duplication of effort among Federal agencies and departments with respect to harmful algal blooms; and 

ø(B) provide for Federal cooperation and coordination 

with and assistance to the coastal States, Indian tribes, 

and local governments in the prevention, reduction, management, mitigation, and control of harmful algal blooms 

and their environmental and public health impacts. 

ø(c) ASSESSMENT OF HYPOXIA.—

ø(1) Not later than 12 months after the date of the enactment of this title, the Task Force, in cooperation with the 

States, Indian tribes, local governments, industry, agricultural, 

academic institutions, and non-governmental organizations 

with expertise in watershed and coastal zone management, 

shall complete and submit to the Congress an assessment 

which examines the ecological and economic consequences of 

hypoxia in United States coastal waters, alternatives for reducVerDate jul 14 2003 22:55 Oct 27, 2003 Jkt 029006 PO 00000 Frm 00017 Fmt 6659 Sfmt 6601 E:\HR\OC\HR326P1.XXX HR326P1
18

ing, mitigating, and controlling hypoxia, and the social and 

economic costs and benefits of such alternatives. 

ø(2) The assessment shall— ø(A) establish needs, priorities, and guidelines for a 

peer-reviewed, inter-agency research program on the 

causes, characteristics, and impacts of hypoxia; 

ø(B) identify alternatives for preventing unnecessary duplication of effort among Federal agencies and departments with respect to hypoxia; and 

ø(C) provide for Federal cooperation and coordination 

with and assistance to the States, Indian tribes, and local 

governments in the prevention, reduction, management, 

mitigation, and control of hypoxia and its environmental 

impacts. 

ø(e) DISESTABLISHMENT OF TASK FORCE.—The President may disestablish the Task Force after submission of the plan in section 

604(d).¿

(b) SCIENTIFIC ASSESSMENTS OF HARMFUL ALGAL BLOOMS.—(1) 

Not less than once every 5 years the Task Force shall complete and 

submit to the Committee on Science of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of 

the Senate a scientific assessment of harmful algal blooms in 

United States coastal waters. The first such assessment shall be 

completed not later than 24 months after the date of enactment of 

the Harmful Algal Bloom and Hypoxia Research Amendments Act 

of 2003 and should consider only marine harmful algal blooms. All 

subsequent assessments shall examine both marine and freshwater 

harmful algal blooms, including those in the Great Lakes and upper 

reaches of estuaries. 

(2) The assessments under this subsection shall— (A) examine the causes and ecological consequences, and economic costs, of harmful algal blooms; 

(B) describe the potential ecological and economic costs and 

benefits of possible policy and management actions for preventing, controlling, and mitigating harmful algal blooms; 

(C) evaluate progress made by, and the needs of, Federal research programs on the causes, characteristics, and impacts of 

harmful algal blooms; and 

(D) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on harmful algal blooms. 

(c) SCIENTIFIC ASSESSMENT OF FRESHWATER HARMFUL ALGAL

BLOOMS.—(1) Not later than 24 months after the date of enactment 

of the Harmful Algal Bloom and Hypoxia Research Amendments 

Act of 2003 the Task Force shall complete and submit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a 

scientific assessment of current knowledge about harmful algal 

blooms in freshwater locations such as the Great Lakes and upper 

reaches of estuaries, including a research plan for coordinating Federal efforts to better understand freshwater harmful algal blooms. 

(2) The freshwater harmful algal bloom scientific assessment 

shall—

(A) examine the causes and ecological consequences, and the 

economic costs, of harmful algal blooms with significant effects 

19

on freshwater locations, including estimations of the frequency 

and occurrence of significant events; 

(B) establish priorities and guidelines for a competitive, peerreviewed, merit-based interagency research program, as part of 

the Ecology and Oceanography of Harmful Algal Blooms 

(ECOHAB) project, to better understand the causes, characteristics, and impacts of harmful algal blooms in freshwater locations; and 

(C) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on harmful algal blooms in 

freshwater locations. 

(d) NATIONAL SCIENTIFIC RESEARCH PLAN INTO REDUCING IM- PACTS FROM HARMFUL ALGAL BLOOMS.—(1) Not later than 12 

months after the date of enactment of the Harmful Algal Bloom and 

Hypoxia Research Amendments Act of 2003, the Task Force shall 

develop and submit to the Committee on Science of the House of 

Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a research plan providing for a comprehensive and coordinated national research program to develop 

prevention, control, and mitigation methods to reduce the impacts 

of harmful algal blooms on coastal ecosystems (including the Great 

Lakes), public health, and the economy. 

(2) The research plan shall— (A) establish priorities and guidelines for a competitive, peerreviewed, merit-based interagency research program on methods 

for the prevention, control, and mitigation of harmful algal 

blooms; 

(B) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to the actions described in paragraph 

(1); and 

(C) include to the maximum extent practicable diverse institutions, including Historically Black Colleges and Universities 

and those serving large proportions of Hispanics, Native Americans, Asian-Pacific Americans, and other underrepresented populations. 

(3) The Secretary of Commerce, under the Coastal Ocean Science 

Program established under section 201(c) of the National Oceanic 

and Atmospheric Administration Authorization Act of 1992, and in 

conjunction with other appropriate Federal agencies, shall establish 

a research program that meets the priorities and guidelines established under paragraph (2)(A). The Secretary shall ensure, through 

consultation with Sea Grant Programs, that the results and findings of the research program are communicated to State, Indian 

tribe, and local governments, and to the general public. 

(e) SCIENTIFIC ASSESSMENTS OF HYPOXIA.—(1) Not less than once 

every 5 years the Task Force shall complete and submit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a 

scientific assessment of hypoxia in United States coastal waters including the Great Lakes. The first such assessment shall be completed not less than 12 months after the date of enactment of the 

Harmful Algal Bloom and Hypoxia Research Amendments Act of 

2003. 

20

(2) The assessments under this subsection shall— (A) examine the causes and ecological consequences, and the 

economic costs, of hypoxia; 

(B) describe the potential ecological and economic costs and 

benefits of possible policy and management actions for preventing, controlling, and mitigating hypoxia; 

(C) evaluate progress made by, and the needs of, Federal research programs on the causes, characteristics, and impacts of 

hypoxia, including recommendations of how to eliminate significant gaps in hypoxia modeling and monitoring data; and 

(D) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on hypoxia. 

(f) LOCAL AND REGIONAL SCIENTIFIC ASSESSMENTS.—(1) The Secretary of Commerce, in coordination with the Task Force and appropriate State, Indian tribe, and local governments, shall provide for 

local and regional scientific assessments of hypoxia or harmful 

algal blooms, as requested by State, Indian tribe, or local governments, or for affected areas as identified by the Secretary. If the Secretary receives multiple requests, the Secretary shall ensure, to the 

extent practicable, that assessments under this subsection cover geographically and ecologically diverse locations with significant ecological and economic impacts from hypoxia or harmful algal 

blooms. The Secretary shall establish a procedure for reviewing requests for local and regional assessments. The Secretary shall ensure, through consultation with Sea Grant Programs, that the findings of the assessments are communicated to the appropriate State, 

Indian tribe, and local governments, and to the general public. 

(2) The scientific assessments under this subsection shall examine— (A) the causes and ecological consequences, and the economic 

costs, of hypoxia or harmful algal blooms in that area; 

(B) methods to prevent, control, and mitigate hypoxia or 

harmful algal blooms in that area and the potential ecological 

and economic costs and benefits of such methods; and 

(C) other topics the Task Force considers appropriate. 

(g) PREDICTION AND RESPONSE PLAN.— (1) DEVELOPMENT OF PLAN.—Not later than 12 months after 

the date of enactment of the Harmful Algal Bloom and Hypoxia 

Research Amendments Act of 2003, the President, in conjunction with the chief executive officers of the States, shall develop 

and submit to the Congress a plan to protect the environment 

and public health from impacts of harmful algal blooms. In developing the plan, the President shall consult with the Task 

Force, the coastal States, Indian tribes, local governments, industry, academic institutions, and nongovernmental organizations with appropriate expertise. 

(2) PLAN REQUIREMENTS.—The plan shall—

(A) review techniques for prediction of the onset, course, 

and impacts of harmful algal blooms, including an evaluation of their accuracy and utility in protecting the environment and public health and an assessment of the resources 

required for their implementation; and 

(B) identify innovative response measures for the prevention, control, and mitigation of harmful algal blooms and 

21

identify steps needed for their development and implementation. 

(3) PUBLICATION AND OPPORTUNITY FOR COMMENT.—At least 

90 days before submitting the plan to Congress, the President 

shall publish a summary of the proposed plan in the Federal 

Register for a public comment period of not less than 60 days.

* * * * * * *

øSEC. 605. AUTHORIZATION OF APPROPRIATIONS. 

øThere 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, 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— ø(1) $1,500,000 for fiscal year 1999, $1,500,000 for fiscal year 2000, and $2,000,000 for fiscal year 2001 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; 

ø(2) $4,000,000 for fiscal year 1999, $5,500,000 for fiscal year 2000, and $5,500,000 for fiscal year 2001 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; 

ø(3) $1,000,000 for fiscal year 1999, $2,000,000 for fiscal year 2000, and $2,000,000 for fiscal year 2001 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; 

ø(4) $5,500,000 for each of the fiscal years 1999, 2000, and 

2001 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; and 

ø(5) $3,000,000 for fiscal year 1999, $3,750,000 for fiscal year 2000, and $4,000,000 for fiscal year 2001 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.¿

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, $29,200,000 for fiscal year 2004, $30,700,000 for fiscal 

year 2005, and $31,200,000 for fiscal year 2006, to remain available 

until expended. The Secretary shall consult with the States on a regular basis regarding the development and implementation of the acVerDate jul 14 2003 22:55 Oct 27, 2003 Jkt 029006 PO 00000 Frm 00021 Fmt 6659 Sfmt 6603 E:\HR\OC\HR326P1.XXX HR326P1
22

tivities authorized under this title. Of such amounts for each fiscal 

year—(1) $3,000,000 for each of fiscal years 2004, 2005, and 2006 

shall 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) $10,200,000 for each of fiscal years 2004, 2005, and 2006 

shall be used to carry out the Ecology and Oceanography of 

Harmful Algal Blooms (ECOHAB) project under the Coastal 

Ocean Science Program established under section 201(c) of the 

National Oceanic and Atmospheric Administration Authorization Act of 1992, with $2,000,000 of such amount used to carry 

out research on freshwater harmful algal blooms; (3) $2,000,000 for fiscal year 2004, $3,000,000 for fiscal year 2005, and $3,000,000 for fiscal year 2006 shall be used to carry 

out the research program described in section 603(d)(3); (4) $6,000,000 for each of fiscal years 2004, 2005, and 2006 

shall be used to carry out the Monitoring and Event Response 

for Harmful Algal Blooms (MERHAB) project under the Coastal Ocean Science Program established under section 201(c) of 

the National Oceanic and Atmospheric Administration Authorization Act of 1992; (5) $5,000,000 for fiscal year 2004, $5,500,000 for fiscal year 2005, and $6,000,000 for fiscal year 2006 shall be used for activities related to research and monitoring on hypoxia through 

the Coastal Ocean Science Program established under section 

201(c) of the National Oceanic and Atmospheric Administration 

Authorization Act of 1992; and (6) $3,000,000 for each of fiscal years 2004, 2005, and 2006 

shall be used to carry out the activities described in section 

603(f).

* * * * * * *

SECTION 201 OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AUTHORIZATION ACT OF 

1992

SEC. 201. NATIONAL OCEAN SERVICE.

(a) * * *

* * * * * * *

ø(c) COASTAL OCEAN PROGRAM.—Of the sums authorized under 

subsection (b)(1), $17,352,000 for each of the fiscal years 1992 and 

1993 are authorized to be appropriated for the purposes of conducting a Coastal Ocean Program. Such program shall augment 

and integrate existing programs of the National Oceanic and Atmospheric Administration and shall include efforts to improve predictions of fish stocks, to better conserve and manage living marine 

resources, to improve predictions of coastal ocean pollution to help 

correct and prevent degradation of the ocean environment, to promote development of ocean technology to support the effort of 

science to understand and characterize the role oceans play in globVerDate jul 14 2003 22:55 Oct 27, 2003 Jkt 029006 PO 00000 Frm 00022 Fmt 6659 Sfmt 9001 E:\HR\OC\HR326P1.XXX HR326P1
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al climate and environmental analysis, and to improve predictions 

of coastal hazards to protect human life and personal property.¿

(c) COASTAL OCEAN SCIENCE PROGRAM.— (1) IN GENERAL.—There shall be in the National Oceanic and 

Atmospheric Administration a Coastal Ocean Science Program 

that supports Great Lakes, estuarine, and coastal ocean research and assessment through competitive, peer-reviewed, and 

merit-based research programs. 

(2) PROGRAM ELEMENTS.—The Coastal Ocean Science Program shall augment and integrate existing research capabilities 

of the National Oceanic and Atmospheric Administration, other 

Federal agencies, and the academic community. Research shall 

be conducted to improve predictions of ecosystem trends in 

Great Lakes, estuarine, and coastal ocean resources; to better 

conserve and manage living marine resources; to improve predictions of effects of coastal and Great Lakes pollution to help 

correct and prevent environmental degradation; to improve understanding and characterization of the role oceans play in 

global climate and environmental analysis; and to improve predictions of coastal hazards to protect human life, personal property, and ecosystem function. 

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary of Commerce for implementing the Coastal Ocean Science Program $34,000,000 for 

fiscal year 2004, $36,000,000 for fiscal year 2005, and 

$38,000,000 for fiscal year 2006. 

* * * * * * *

XIX. COMMITTEE RECOMMENDATIONS

On July 22, 2003, a quorum being present, the Committee on 

Science favorably reported the Harmful Algal Bloom and Hypoxia 

Research Amendments Act of 2003, by a voice vote, and recommended its enactment.

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XXI. ADDITIONAL VIEWS 

Harmful algal blooms (HAB) and hypoxia events continue to 

have a devastating economic impact on our coastal communities. 

The HAB program’s emphasis on characterization of events and development of improved monitoring has prevented human exposure 

to algal toxins. Improved monitoring of HAB events also provides 

the information necessary for fishery managers to adjust open seasons to avoid toxic blooms, mitigating some of the economic losses 

experienced due to fishery closures. These are valuable results of 

our investment in this program. Unfortunately, we have not yet 

made progress reducing the number of bloom events. In fact, in a 

number of areas the problem is getting worse. The research conducted through the HAB and hypoxia programs must be targeted 

to address the questions of resource managers at the state and 

local levels and to supply the information needed to develop effective management options. We must then implement management 

strategies to reduce bloom events and restore the ecological and 

economic health of our coastal areas. 

The Committee increased authorization levels for the HAB and 

hypoxia program in H.R. 1856 to accommodate the expansion of the 

research program to include the study of HAB and hypoxia events 

in freshwater systems and to support more work on prevention of 

HAB and hypoxia events. The increased authorizations reflect the 

Committee’s recognition of this problem and the need to provide 

additional federal funding and leadership to solve it. 

Despite the Committee’s endorsement of increased funding for 

these activities, current budget constraints we are operating under 

will constrain the growth of these programs. The reduction in revenues due to the economic downturn and the implementation of substantial tax cuts, the increased costs of homeland security, and the 

war and reconstruction in Iraq make the realization of these authorization levels unlikely. Until the budget situation for domestic 

programs improves, I hold out little hope that we will realize full 

funding for these programs at the authorization levels contained in 

the original law, let alone the increased levels contained in H.R. 

1856. 

H.R. 1856 requires NOAA to undertake new activities in freshwater areas and to develop an action plan. The practical effect in 

the face of the current budget is that either the agency will not be 

able to do the new tasks authorized in the bill or the existing 

projects will have to be cut to make funds available for these new 

activities. If we believe NOAA needs these funding levels to address these problems we are going to have to revisit the decisions 

that have been made in the budget resolution and in tax policy. 

Otherwise, we are doing nothing more than making empty promises to state and local governments and to citizens and businesses 

through this authorization. 

36

State government budgets are also under tremendous pressure. 

Although the regional programs such as the Olympic Region Harmful Algal Bloom (ORHAB) program originally envisioned a transition of HAB monitoring projects from federal funding to state and 

tribal funding after their initial 5-year funding cycle, the current 

severe constraints on state budgets will put the continuance of 

these monitoring programs in jeopardy. These monitoring programs 

must be sustained if we are to minimize the impacts of these bloom 

events on public health and on our fisheries. 

The Harmful Algal Bloom program has made excellent progress 

in the state of Washington. NOAA has formed a productive partnership with state and tribal organizations to better understand 

the origins and dynamics of HAB events and to manage the events 

to prevent human health problems and minimize economic harm to 

coastal communities. H.R. 1856 continues the partnership between 

federal, state and local governments in the effort to address this 

problem and to maintain the health and viability of our coastal ecosystems.

BRIAN BAIRD.

(37)

XXII. PROCEEDINGS OF THE MARKUP BY THE 

SUBCOMMITTEE ON ENVIRONMENT, TECHNOLOGY, AND STANDARDS ON H.R. 1856, 

HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AMENDMENTS ACT OF 2003

THURSDAY, JUNE 5, 2003

HOUSE OF REPRESENTATIVES, 

SUBCOMMITTEE ON ENVIRONMENT, TECHNOLOGY, AND

STANDARDS, 

COMMITTEE ON SCIENCE, 

Washington, DC.

The Subcommittee met, pursuant to call, at 10:05 a.m., in Room 

2318 of the Rayburn House Office Building, Hon. Vernon J. Ehlers 

[Chairman of the Subcommittee] presiding. 

Chairman EHLERS. The Subcommittee will be in order. Pursuant 

to notice, the Subcommittee on Environment, Technology and 

Standards is meeting today to consider the measure H.R. 1856, the 

Harmful Algal Bloom and Hypoxia Research Amendments Act of 

2003. I ask unanimous consent for the authority to recess the Subcommittee at any point, and without objection, it is so ordered. 

Good morning, and welcome to today’s markup of H.R. 1856, the 

Harmful Algal Bloom and Hypoxia Research Amendments Act of 

2003, and to our hearing, which will take place immediately following the markup, ‘‘Manufacturing R&D: How Can the Federal 

Government Help?’’

It is estimated that harmful algal blooms cost the U.S. 

$50,000,000 a year while hypoxia causes—pardon me—severe conditions in many locations, including the Gulf of Mexico, where a 

dead zone the size of New Jersey develops each summer. The dead 

zone is an oxygen-deprived area which has no aquatic life at all. 

Additionally, scientists have recently observed an increase in harmful algal blooms and hypoxia in the Great Lakes, a location closer 

to my home. 

In 1998, the Congress passed the Harmful Algal Bloom and Hypoxia Research and Control Act. The Act created a task force to examine these problems, and authorized $19,000,000 annually for research and monitoring activities related to harmful algal blooms 

and hypoxia. This subcommittee held a hearing in March on this 

subject and considered how best to reauthorize the 1998 Act. 

The legislation we are considering today, H.R. 1856, will provide 

an updated research framework for addressing the nationwide 

problem of harmful algal blooms and hypoxia. The programs in this 

38

bill will improve our ability to understand and predict harmful 

algal bloom events, adds the Great Lakes as an important area for 

harmful algal bloom and hypoxia research, and ensures the participation of local resource managers in developing research plans so 

that the research can be fully utilized by everyone concerned with 

these important issues. This bill has bipartisan support, especially 

from Members whose districts have been affected by harmful algal 

blooms and hypoxia. 

I will offer a Manager’s Amendment which makes some technical 

corrections and addresses a concern about research funding that 

arose after the bill was introduced. Mr. Baird also will have an 

amendment that will add a response plan to the bill. I urge my colleagues to support these amendments and the underlying bill as we 

move this important legislation through the process. 

[The prepared statement of Chairman Ehlers follows:]

PREPARED STATEMENT OF CHAIRMAN VERNON J. EHLERS

Good morning and welcome to today’s markup of H.R. 1856, the Harmful Algal 

Bloom and Hypoxia Research Amendments Act of 2003, and to our hearing which 

will take place immediately following the markup, ‘‘Manufacturing R&D: How can 

the Federal Government Help?’’

It is estimated that harmful algal blooms cost the U.S. $50 million a year, while 

hypoxia causes severe conditions in many locations, including the Gulf of Mexico, 

where a ‘‘dead’’ zone the size of New Jersey develops each summer. Additionally, 

scientists have recently observed an increase in harmful algal blooms and hypoxia 

in the Great Lakes, a location closer to my home. 

In 1998, Congress passed the Harmful Algal Bloom and Hypoxia Research and 

Control Act. The Act created a Task Force to examine these problems and authorized $19 million annually for research and monitoring activities related to harmful 

algal blooms and hypoxia. 

This subcommittee held a hearing in March on this subject and considered how 

best to reauthorize the 1998 Act. The legislation we are considering today, H.R. 

1856, will provide an updated research framework for addressing the nationwide 

problem of harmful algal blooms and hypoxia. The programs in this bill will improve 

our ability to understand and predict harmful algal bloom events, add the Great 

Lakes as an important area for harmful algal bloom and hypoxia research, and ensure the participation of local resource managers in developing research plans so 

that the research can be fully utilized by everyone concerned with these important 

issues. 

This bill has bipartisan support, especially from Members whose districts have 

been affected by harmful algal blooms and hypoxia. I will offer a Manager’s Amendment, which makes some technical corrections and addresses a concern about research funding that arose after the bill was introduced. I believe Mr. Baird also will 

have an amendment that will add a response plan to the bill. I urge my colleagues 

to support these amendments and the underlying bill, as we move this important 

bill through the process.

Chairman EHLERS. The Chairman now recognizes Mr. Udall, the 

Ranking Minority Member of the Subcommittee, for his opening 

statement. 

Mr. UDALL. Good morning. Thank you, Mr. Chairman, for bringing this bill before the Subcommittee this morning and for working 

with us on the amendments that you and Mr. Baird will offer. I 

know we would like to expedite the markup so we can proceed to 

the hearing that will follow the markup, so without further delay, 

I would ask my colleagues to support the amendments of Chairman 

Ehlers and my colleague, Representative Baird, and the underlying 

bill. With that, I yield back my time. 

39

Chairman EHLERS. Without objection, all other Members of the 

Subcommittee may place opening statements in the record. So ordered. 

[The prepared statement of Mr. Smith follows:]

PREPARED STATEMENT OF REPRESENTATIVE NICK SMITH

I want to thank Chairman Ehlers for holding this hearing today to markup H.R. 

1856, the Harmful Algal Bloom and Hypoxia Research Amendments Act of 2003.

Protecting our water resources is particularly important to the people in my home 

State of Michigan. Michigan relies on the Great Lakes, as well as an abundance of 

inland lakes, rivers and streams for economic, agricultural, scientific and leisure 

purposes. HABs threaten this resource by damaging fisheries, closing beaches, and 

disrupting the ecosystem. 

HABs are increasingly becoming a problem in the Great Lakes. Unfortunately, research on freshwater HABs has fallen behind similar efforts targeting marine 

HABs. I am pleased that H.R. 1856 will provide much needed funding to research 

Great Lakes HABs and develop ways to prevent and control them.

Chairman EHLERS. We will now consider H.R. 1856, the Harmful 

Algal Bloom and Hypoxia Research Amendments Act of 2003.

[See Appendix for H.R. 1856.] 

Chairman EHLERS. I ask unanimous consent that the bill be considered as read and open to amendment at any point. Without objection, so ordered. 

We will move to the first amendment on the roster, which is a 

Management’s Amendment offered by the Chair. We will ask the 

clerk to read the amendment. 

Ms. STRATTON. Amendment to H.R. 1856 offered by Mr. Ehlers. 

[See Appendix for the Amendment.] 

Chairman EHLERS. I ask unanimous consent to dispense with the 

reading. Without objection, so ordered. 

I recognize myself for five minutes to explain the amendment. I 

have worked closely with Mr. Udall and Mr. Baird to develop this 

Manager’s Amendment. This amendment makes a few technical 

corrections to the bill and addresses a funding problem that recently arose. NOAA, the National Oceanic and Atmospheric Administration, took fiscal year 2003 funding away from research grants 

on harmful algal blooms to cover operational expenses at one of its 

laboratories. That is a no-no in my book. 

Many researchers, including some doing Great Lakes research, 

had their grants reduced by 30 percent. The amendment ensures 

that funding for research grants must be used only for research 

purposes. We do this by making funding under the Coastal Ocean 

Program, the parent program for this type of research, available 

only for competitive peer-reviewed and merit-based research. However, we ensure that scientists at NOAA laboratories can compete 

for this funding. I urge my colleagues to support this bipartisan 

amendment. 

I yield back the balance of my time. Is there further discussion? 

Hearing none, a vote occurs on the amendment. All in favor of the 

Manager’s Amendment will say aye. Those opposed, say no. The 

ayes have it and the amendment is agreed to. 

We will now proceed to the next amendment on the roster which 

is being offered by Mr. Baird. The Clerk will read the amendment. 

Ms. STRATTON. Amendment to H.R. 1856 offered by Mr. Baird. 

[See Appendix for the Amendment.] 

40

Chairman EHLERS. I ask unanimous consent to dispense with a 

further reading of the amendment. Without objection, so ordered. 

I recognize Mr. Baird for five minutes to explain the amendment. 

Mr. BAIRD. Mr. Chairman, I want to thank you and my good 

friend, the Ranking Member, Mr. Udall from Colorado, for their 

work on this important piece of legislation and I want to thank the 

Committee staff for their outstanding efforts on this as well. 

This may not seem like a pressing topic to many people, but if 

you’re in an area such as mine or the Chairman’s or others who 

are affected by this, you will understand its importance. People in 

Washington State on the coast where I live depend on razor clam 

fisheries for tourism revenue and people get great recreational satisfaction for this, and three times in the last 10 years there have 

been significant closures costing over $10,000,000 in losses to coastal communities that already have a significant economic impact 

and downturns of late. This legislation will help solve that problem 

and the amendment that I have offered today will help us not only 

study research or provide research to investigate the causes and 

extent, but also begin to input mechanisms to control and eradicate 

the problems of harmful algal blooms, so it is taking it in addition 

to looking at the research and causes, looking at how we can prevent and control algal blooms that do exist. 

That is essentially the nature of the amendment, and without 

taking further time, I would ask my colleagues to support this 

amendment. 

[The prepared statement of Mr. Baird follows:]

PREPARED STATEMENT OF REPRESENTATIVE BRIAN BAIRD

Mr. Chairman, I have an amendment at the desk. 

My amendment ensures that the results of the assessments and the research that 

we have done thus far will be used to address the serious environmental, public 

health and economic problems caused by the increased intensity and frequency of 

harmful algal blooms in our coastal waters. Our coastal areas support many important fisheries and a diverse recreational economy. 

I support the reauthorization of the research programs that have provided, and 

continue to provide us with new information about the extent and nature of harmful 

algal blooms and with more accurate methods for predicting and monitoring the 

onset, progression, and extent of blooms when they occur. We now need to begin the 

difficult task of putting our knowledge to use to reduce HAB events. My amendment 

requires that an action plan to reduce the frequency and intensity of HAB events 

be developed cooperatively with the coastal States. This will be a difficult task, however, the sooner we begin to tackle the problem the sooner we will be able to solve 

it. 

People in my home state of Washington cannot wait for every research question 

to be answered before action is taken. The razor clam fisheries along the coast of 

Washington are subject to the third extended closure in the past 10 years. Each closure of this fishery represents the loss of over $10 million dollars to coastal communities in my home state. The research and assessments that have been carried out 

under the existing program initiated in 1998 have provided sufficient information 

for us to begin to address this problem. I urge my colleagues to support my amendment and I thank the Chairman for working with me on my amendment.

Chairman EHLERS. The gentleman yields back the balance of his 

time. I move to strike the last word and recognize myself for one 

minute. I am very pleased to support the amendment offered my 

colleague from Washington. We have worked closely with Mr. Baird 

and his staff to develop the language for the response plan and I 

believe this is a good addition to the bill. I encourage my colleagues 

to support this amendment. 

41

Is there any further discussion on the Baird amendment? Hearing none, we will proceed to the vote. All in favor of approving the 

amendment will say aye. Those opposed, say no. The ayes have it 

and the amendment is agreed to. 

Are there any other amendments? Hearing none, the question is 

on the bill H.R. 1856 as amended. All those in favor will say aye. 

All those opposed will say no. I got ahead of myself. In the opinion 

of the Chair, the ayes have it definitely. The amendment is approved. 

I now recognize Mr. Udall for a motion. 

Mr. UDALL. Mr. Chairman, I move that the Subcommittee favorably report the bill H.R. 1856 as amended to the Full Committee 

with the recommendation that it be in order for the bill as amended by the Subcommittee to be incorporated into an amendment in 

the nature of a substitute for consideration as an original bill for 

the purpose of amendment under the five-minute rule at Full Committee. Further, I ask unanimous consent that the staff be instructed to make all necessary technical and conforming changes to 

the bill as amended in accordance with the recommendations of the 

Subcommittee. 

Chairman EHLERS. The Committee has heard the motion. Those 

in favor will say aye. Those opposed will say no. The ayes have it 

and the motion is agreed to. Without objection, the motion to reconsider is laid upon the table. This concludes our subcommittee 

markup. We will now turn to the second part of the—— [Whereupon, at 10:15 a.m., the Subcommittee proceeded to other 

business.] 

(43)

Appendix 

ROSTER, AMENDMENTS, H.R. 1856, SECTION-BY-SECTION ANALYSIS

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52

108TH CONGRESS 

1ST SESSION H. R. 1856

To reauthorize the Harmful Algal Bloom and Hypoxia Research and Control Act of 

1998, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2003

Mr. EHLERS introduced the following bill; which was referred to the Committee on 

Science, and in addition to the Committee on Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To reauthorize the Harmful Algal Bloom and Hypoxia Research and Control Act of 

1998, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States 

of America in Congress assembled,

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Harmful Algal Bloom and Hypoxia Research 

Amendments Act of 2003’’. 

SEC. 2. RETENTION OF TASK FORCE. 

Section 603 of the Harmful Algal Bloom and Hypoxia Research and Control Act 

of 1998 (16 U.S.C. 1451 note) is amended by striking subsection (e). 

SEC. 3. SCIENTIFIC ASSESSMENTS AND RESEARCH PLANS. 

Such section 603 is further amended—

(1) in subsection (a) by adding at the end the following: 

‘‘In developing the assessments and research plans described in subsections (b), (c), 

(d), (e), and (f), the Task Force shall work with appropriate State, Indian tribe, and 

local governments to ensure that the assessments and research plans fulfill the requirements of subsections (b)(2), (c)(2), (d)(2), (e)(2), and (f)(2). Additionally, the 

Task Force shall consult with appropriate industry, academic institutions, and nongovernmental organizations throughout the development of the assessments and research plans.’’; and 

(2) by striking subsections (b) and (c) and inserting the following: 

‘‘(b) SCIENTIFIC ASSESSMENTS OF HARMFUL ALGAL BLOOMS.—(1) Not less than 

once every 5 years the Task Force shall complete and submit to the Committee on 

Science of the House of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate a scientific assessment of harmful algal blooms 

in United States coastal waters. The first such assessment shall be completed not 

later than 24 months after the date of enactment of the Harmful Algal Bloom and 

Hypoxia Research Amendments Act of 2003 and should consider only marine harmful algal blooms. All subsequent assessments shall examine both marine and freshwater harmful algal blooms, including those in the Great Lakes and upper reaches 

of estuaries. 

‘‘(2) The assessments under this subsection shall—

‘‘(A) examine the causes and ecological consequences, and economic costs, 

of harmful algal blooms; 

‘‘(B) describe the potential ecological and economic costs and benefits of possible policy and management actions for preventing, controlling, and mitigating 

harmful algal blooms; 

‘‘(C) evaluate progress made by, and the needs of, Federal research programs on the causes, characteristics, and impacts of harmful algal blooms; and 

‘‘(D) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on harmful algal blooms. 

‘‘(c) SCIENTIFIC ASSESSMENT OF FRESHWATER HARMFUL ALGAL BLOOMS.—(1) Not 

later than 24 months after the date of enactment of the Harmful Algal Bloom and 

Hypoxia Research Amendments Act of 2003 the Task Force shall complete and subVerDate jul 14 2003 22:55 Oct 27, 2003 Jkt 029006 PO 00000 Frm 00052 Fmt 6601 Sfmt 6621 E:\HR\OC\HR326P1.XXX HR326P1
53

mit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a scientific assessment of current knowledge about harmful algal blooms in freshwater locations such 

as the Great Lakes and upper reaches of estuaries, including a research plan for 

coordinating Federal efforts to better understand freshwater harmful algal blooms. ‘‘(2) The freshwater harmful algal bloom scientific assessment shall— ‘‘(A) examine the causes and ecological consequences, and the economic 

costs, of harmful algal blooms with significant effects on freshwater locations, 

including estimations of the frequency and occurrence of significant events; ‘‘(B) establish priorities and guidelines for a competitive, peer-reviewed, 

merit-based interagency research program, as part of the Ecology and Oceanography of Harmful Algal Blooms (ECOHAB) project, to better understand the 

causes, characteristics, and impacts of harmful algal blooms in freshwater locations; and ‘‘(C) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on harmful algal blooms in freshwater locations. 

‘‘(d) NATIONAL SCIENTIFIC RESEARCH PLAN INTO REDUCING IMPACTS FROM

HARMFUL ALGAL BLOOMS.—(1) Not later than 12 months after the date of enactment of the Harmful Algal Bloom and Hypoxia Research Amendments Act of 2003, 

the Task Force shall develop and submit to the Committee on Science of the House 

of Representatives and the Committee on Commerce, Science, and Transportation 

of the Senate a research plan providing for a comprehensive and coordinated national research program to develop prevention, control, and mitigation methods to 

reduce the impacts of harmful algal blooms on coastal ecosystems (including the 

Great Lakes), public health, and the economy. ‘‘(2) The research plan shall— ‘‘(A) establish priorities and guidelines for a competitive, peer-reviewed, 

merit-based interagency research program on methods for the prevention, control, and mitigation of harmful algal blooms; ‘‘(B) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to the 

actions described in paragraph (1); and ‘‘(C) ensure, through consultation with Sea Grant Programs, that the results and findings of the research program are communicated to State, Indian 

tribe, and local governments, and to the general public. 

‘‘(e) SCIENTIFIC ASSESSMENTS OF HYPOXIA.—(1) Not less than once every 5 years 

the Task Force shall complete and submit to the Committee on Science of the House 

of Representatives and the Committee on Commerce, Science, and Transportation 

of the Senate a scientific assessment of hypoxia in United States coastal waters including the Great Lakes. The first such assessment shall be completed not less than 

24 months after the date of enactment of the Harmful Algal Bloom and Hypoxia Research Amendments Act of 2003. 

‘‘(2) The assessments under this subsection shall—

‘‘(A) examine the causes and ecological consequences, and the economic 

costs, of hypoxia; 

‘‘(B) describe the potential ecological and economic costs and benefits of possible policy and management actions for preventing, controlling, and mitigating 

hypoxia; 

‘‘(C) evaluate progress made by, and the needs of, Federal research programs on the causes, characteristics, and impacts of hypoxia, including recommendations of how to eliminate significant gaps in hypoxia modeling and 

monitoring data; and 

‘‘(D) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on hypoxia. 

‘‘(f) LOCAL AND REGIONAL SCIENTIFIC ASSESSMENTS.—(1) The Secretary of Commerce, in coordination with the Task Force and appropriate State, Indian tribe, and 

local governments, shall provide for local and regional scientific assessments of hypoxia or harmful algal blooms, as requested by State, Indian tribe, or local governments, or for affected areas as identified by the Secretary. If the Secretary receives 

multiple requests, the Secretary shall ensure, to the extent practicable, that assessments under this subsection cover geographically and ecologically diverse locations 

with significant ecological and economic impacts from hypoxia or harmful algal 

blooms. The Secretary shall establish a procedure for reviewing requests for local 

and regional assessments. The Secretary shall ensure, through consultation with 

Sea Grant Programs, that the findings of the assessments are communicated to the 

appropriate State, Indian tribe, and local governments, and to the general public. 

54

‘‘(2) The scientific assessments under this subsection shall examine— ‘‘(A) the causes and ecological consequences, and the economic costs, of hypoxia or harmful algal blooms in that area; ‘‘(B) methods to prevent, control, and mitigate hypoxia or harmful algal 

blooms in that area and the potential ecological and economic costs and benefits 

of such methods; and ‘‘(C) other topics the Task Force consider appropriate.’’. 

SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

Section 605 of such Act is amended— (1) by striking ‘‘and $19,000,000 for fiscal year 2001’’ and inserting ‘‘$19,000,000 for fiscal year 2001, $27,200,000 for fiscal year 2004, $28,700,000 

for fiscal year 2005, and $29,200,000 for fiscal year 2006’’; 

(2) in paragraph (1) by striking ‘‘and’’ after ‘‘2000,’’ and by inserting ‘‘, and 

$3,000,000 for each of fiscal years 2004, 2005, and 2006’’ after ‘‘2001’’; 

(3) in paragraph (2) by striking ‘‘and’’ after ‘‘2000,’’ and by inserting ‘‘, and 

$10,200,000, of which $2,000,000 shall be used for the research program described in section 603(c)(2)(B), for each of fiscal years 2004, 2005, and 2006’’ after ‘‘2001’’; 

(4) in paragraph (3) by striking ‘‘and’’ after ‘‘2000,’’ and by inserting ‘‘, $2,000,000 for fiscal year 2004, $3,000,000 for fiscal year 2005, and $3,000,000 

for fiscal year 2006’’ after ‘‘2001’’; 

(5) in paragraph (4) by striking ‘‘2001’’ and inserting ‘‘2001, and $6,000,000 

for each of fiscal years 2004, 2005, and 2006,’’; 

(6) in paragraph (4) by inserting ‘‘the Monitoring and Event Response for 

Harmful Algal Blooms (MERHAB) project under’’ after ‘‘administered by’’; 

(7) by striking ‘‘and’’ after the semicolon at the end of paragraph (4); 

(8) in paragraph (5) by striking ‘‘and’’ after ‘‘2000,’’ and by inserting ‘‘, $5,000,000 for fiscal year 2004, $5,500,000 for fiscal year 2005, and $6,000,000 

for fiscal year 2006’’ after ‘‘2001’’; 

(9) in paragraph (5) by striking ‘‘Administration.’’ and inserting ‘‘Administration; and’’; and 

(10) by adding at the end the following: 

‘‘(6) $3,000,000 for each of fiscal years 2004, 2005, and 2006 to carry out 

the activities described in section 603(f).’’.

SECTION-BY-SECTION ANALYSIS OF

H.R. 1856, HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH

AMENDMENTS ACT OF 2003

Summary: This Act would amend the Harmful Algal Bloom and Hypoxia Research 

and Control Act of 1998 (HABHRCA) (16 U.S.C. 1451 note). HABHRCA provided 

for a Task Force to develop two reports assessing harmful algal blooms and hypoxia 

at the national scale and two reports addressing hypoxia in the Gulf of Mexico. Additionally, HABHRCA authorized funding through the National Oceanic and Atmospheric Association (NOAA) for research on harmful algal blooms and hypoxia. The 

draft bill would retain the Task Force, reauthorize existing research programs, require an assessment of freshwater harmful algal blooms (HABs), and require NOAA 

to conduct regional assessments of HABs and hypoxia.

Sec. 1. Short Title.

‘‘Harmful Algal Bloom and Hypoxia Research Amendments Act of 2003’’.

Sec. 2. Retention of Task Force.

Amends HABHRCA by striking subsection 605(e), which provided for the disestablishment of the Task Force after the plans were submitted. Retaining the Task 

Force will facilitate following through on recommendations from the reports produced by it and is necessary for other activities in the legislation.

Sec. 3. Scientific Assessments and Research Plans.

Amends Sec. 603 of HABHRCA as described below:

Sec. 3(1). Task Force Activities.

Amends Sec. 603(a) of HABHRCA to require the Task Force to work with local 

resources managers and consult with academic researchers, industry and nongovernmental organizations in developing assessments and research plans.

Sec. 3(2). Amends Sec. 603(b) and (c) of HABHRCA by striking those sections 

and inserting the sections described below:

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Sec. 3(2)(b). Scientific Assessments of Harmful Algal Blooms.

Requires a nationwide assessment of HABs once every five years. This first 

assessment would include only marine HABs and all subsequent assessments would include marine and freshwater (including the Great Lakes and 

upper reaches of estuaries) HABs. The timing of the first assessment coincides with a revision, already underway, of national research priorities for 

marine biotoxin and harmful algal bloom research.

Sec. 3(2)(c). Scientific Assessment of Freshwater Harmful Algal 

Blooms.

Requires a one-time assessment of freshwater HABs that in the future 

would be incorporated into the HAB assessment in Sec. 3(2)(b). Requires 

the development of a research plan for incorporating freshwater HAB research into the Ecology and Oceanography of Harmful Algal Blooms 

(ECOHAB) interagency grant program. Research on freshwater HABs lags 

behind efforts addressing marine blooms and there is no comprehensive 

source of information on the occurrence and effects of freshwater HABs in 

the United States. Additionally, the Great Lakes have recently exhibited an 

increase in the occurrence of HABs and more research is needed to understand this phenomenon.

Sec. 3(d). National Scientific Research Plan into Reducing Impacts 

From Harmful Algal Blooms.

Requires a research plan to develop methods in the prevention, control and 

mitigation of HABs. In the past, funding for research on such methods 

never was appropriated because there was no consensus plan for using such 

funding. There are two potential plans in previously issued NOAA reports 

that the Task Force could use to develop a research plan. Such a plan 

would help bridge the gap between basic research and management activities, which scientists believe is an important next step in HAB research.

Sec. 3(e). Scientific Assessments of Hypoxia.

Requires national hypoxia scientific assessments once every five years. 

Since hypoxia is one symptom of coastal eutrophication (nutrient pollution), 

the assessments would support part of a multi-agency effort, led by NOAA, 

already underway to assess the scope and science of coastal eutrophication 

on a regular basis.

Sec. 3(f). Local and Regional Scientific Assessments.

Authorizes funding for local and regional scientific assessments of HABs 

and hypoxia, as requested by localities and coordinated through the Task 

Force and the National Ocean Service (NOS) at NOAA. Local and regional 

assessments would be more useful to the state and local resource managers 

because the causes of and potential mitigation methods for HAB or hypoxic 

events vary with regional water use, land use, and ecology. NOAA and the 

Task Force are in a good position to help coordinate such assessments since 

they are a central source of expertise about HABs and hypoxia.

Sec. 4. Authorization of Appropriations.

Amends Sec. 605 of HABHRCA by adding authorizations for 2004, 2005, and 

2006. Total authorizations for 2004 would be $29.2 million; for 2005, $30.7 million; 

and for 2006, $31.2 million. 

This total is divided among the following programs:

1. $3 million annually for research and assessment activities at National Ocean 

Service Laboratories.

2. $10.2 million for the ECOHAB program, of which $2 million should be used 

for research on freshwater HABs.

3. $2 million in 2004, $3 million in 2005 and 2006 for research on prevention, 

control and mitigation methods.

4. $6 million annually for the Monitoring and Event Response for Harmful 

Algal Blooms (MERHAB) program.

5. $5 million in 2004, $5.5 million in 2005, and $6 million in 2006 for research 

and monitoring on hypoxia by the National Ocean Service and the Office of 

Oceanic and Atmospheric Research of NOAA.

6. $3 million annually for the local and regional assessments in Sec. 3(f).

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XXIII. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 1856, HARMFUL 

ALGAL BLOOM AND HYPOXIA RESEARCH 

AMENDMENTS ACT OF 2003

TUESDAY, JULY 22, 2003

HOUSE OF REPRESENTATIVES, COMMITTEE ON SCIENCE, Washington, DC.

The Committee met, pursuant to other business, in Room 2318 

of the Rayburn House Office Building, Hon. Sherwood D. Boehlert 

[Chairman of the Committee] presiding. 

Chairman BOEHLERT. The next item on the agenda is—we will 

now consider the bill H.R. 1856, the Harmful Algal Bloom and Hypoxia Research Amendments Act of 2003 as amended. I now recognize Mr. Ehlers for an opening statement. 

Mr. EHLERS. Thank you, Mr. Chairman. I am pleased to be moving on to a non-controversial bill. 

It is estimated that harmful algal blooms, also known as red tides, cost the United States $50 million a year, while hypoxia 

causes severe problems in the Gulf of Mexico, where a large dead 

zone of oxygen-depleted water develops each summer, generally in 

an area about the size of the State of New Jersey. Additionally, scientists have recently observed an increase of harmful algal blooms 

and hypoxia in the Great Lakes, a growing concern for residents 

in my home State of Michigan and in other Great Lake states. 

In 1998, Congress passed the Harmful Algal Bloom and Hypoxia 

Research and Control Act. The Act created a task force to examine 

these problems and authorized $19 million annually for research 

and monitoring activities. This past March, the Environment, Technology and Standards Subcommittee held a hearing on harmful 

algal blooms and hypoxia and, based on comments received at that 

hearing, developed H.R. 1856 to reauthorize the 1998 Act. H.R. 1856 updates the authorization levels to $30 million annually. The programs in H.R. 1856 will improve our ability to understand and predict harmful algal bloom events, add the Great Lakes 

as an important area of research on these topics and ensure the 

participation of local resource managers in developing research 

plans so that the research can be fully utilized by everyone concerned with these important issues. 

Additionally, at the Subcommittee markup, we ensured that 

harmful algal bloom and hypoxia research funds would be used for 

peer-reviewed research efforts and not diverted for operational purposes. This was in response to actions this past spring, when 

58

NOAA took fiscal year 2003 money away from research grants to 

cover operational expenses at one of its laboratories. 

H.R. 1856 is an important bill that provides an updated research 

framework for addressing the nationwide problem of harmful algal 

blooms and hypoxia. This bill has bipartisan support and I urge my 

colleagues to support 18—H.R. 1856 as we move this bill through 

the process. 

[The prepared statement of Mr. Ehlers follows:]

PREPARED STATEMENT OF CHAIRMAN VERNON J. EHLERS

It is estimated that harmful algal blooms, also known as red tides, cost the U.S. 

$50 million a year, while hypoxia causes severe problems in the Gulf of Mexico, 

where a large ‘‘dead zone’’ of oxygen-depleted water develops each summer. Additionally, scientists have recently observed an increase of harmful algal blooms and 

hypoxia in the Great Lakes, a growing concern for residents in my home state of 

Michigan and in other Great Lakes states. 

In 1998, Congress passed the Harmful Algal Bloom and Hypoxia Research and 

Control Act. The Act created a Task Force to examine these problems and authorized $19 million annually for research and monitoring activities. This past March, 

the Environment, Technology and Standards Subcommittee held a hearing on harmful algal blooms and hypoxia and, based on comments received at that hearing, developed H.R. 1856 to reauthorize the 1998 Act. 

H.R. 1856 updates the authorization levels to $30 million annually. The programs 

in H.R. 1856 will improve our ability to understand and predict harmful algal bloom 

events, add the Great Lakes as an important area for research on these topics, and 

ensure the participation of local resource managers in developing research plans so 

that the research can be fully utilized by everyone concerned with these important 

issues. 

Additionally, at the Subcommittee markup we ensured that harmful algal bloom 

and hypoxia research funds would be used for peer-reviewed research efforts, and 

not diverted for operational purposes. This was in response to actions this past 

spring, when NOAA took fiscal year 2003 money away from research grants to cover 

operational expenses at one of its laboratories. 

H.R. 1856 is an important bill that provides an updated research framework for 

addressing the nationwide problem of harmful algal blooms and hypoxia. This bill 

has bipartisan support and I urge my colleagues to support H.R. 1856 as we move 

this bill through the process.

Chairman BOEHLERT. Thank you very much, Dr. Ehlers, and I 

want to thank you and the gentleman I am now about to recognize 

for the outstanding cooperative effort you have put into this bill. 

The Chair now recognizes Mr. Udall for five minutes. 

Mr. UDALL. Thank you, Mr. Chairman. I won’t take the entire 

five minutes. It has been a long day. I, too, wanted to lend my support to this important piece of legislation. I want to thank the 

Chairman of the Subcommittee, Mr. Ehlers, my good friend from 

Michigan, for his outstanding work, and also acknowledge the work 

of Mr. Baird on our side of the aisle for his part, and with that, 

I would urge the Committee pass the bill onto the full House and 

hopefully, we can see this enacted into law as soon as possible. 

Chairman BOEHLERT. Without objection, all Members may place 

opening statements in the record at this point. 

[The prepared statement of Mr. Costello follows:]

PREPARED STATEMENT OF REPRESENTATIVE JERRY F. COSTELLO

Markup of H.R. 1085, NASA Flexibility Act of 2003; H.R. 2734, Federal Aviation 

Administration Research and Development Authorization Act; H.R. 1856, Harmful 

Algal Bloom and Hypoxia Research Amendments of 2003; H.R. 2183, Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2003; H.R. 2608, 

National Earthquake Hazards Reduction Program Reauthorization Act of 2003; and 

H.R. 2692, United States Fire Administration Authorization Act of 2003.

59

Goad morning. Today, the House Science Committee is considering six bills for 

markup. Most are non-controversial and receive wide bipartisan support. 

However, I have strong reservations regarding H.R. 1085, the NASA Flexibility 

Act of 2003. I believe we must wait for recommendations and guidance from the 

Gehman Commission that will address management issues. If we are going to address the problems concerning NASA, we need to take into account the goals and 

vision of NASA and manned space flight. I understand that NASA needs to do more 

to attract and retain the best possible workforce; however, I believe we can assist 

NASA by waiting to hear what recommendations the Gehman Commission makes 

so we can address all the management problems affecting NASA and its workforce. 

I believe we must also continue to review NASA’s existing workforce authority and 

why it is underutilized. 

Mr. Chairman, instead of rushing to complete this significant legislation, I believe 

we must take a step back and review all our options before moving forward on legislation that does not address the problem. 

Aside from H.R. 1085, I believe the other pieces of legislation have been considered in a bipartisan fashion and expand programs in numerous agencies. For example, H.R. 262, the United States Fire Administration (USFA) Authorization Act of 

2003, authorizes funding for USFA activities, such as training, fire research, and 

public education over the next three years. Over the last three decades, America’s 

fire safety record has significantly improved. However, there are still opportunities 

for further improvements in our fire safety record, such as encouraging the use of 

sprinkler systems in homes. H.R. 2692 will lead us in the right direction. As a member of the Congressional Fire Services Caucus, I am proud to support this legislation. 

Further, I am glad the House Science Committee is moving forward on the FAA 

Research and Development Reauthorization Act of 2003, As a conferee to the FAA 

bill for the Science Committee, I look forward to working with my colleagues to enhance the research and development programs as laid out in the legislation before 

this committee. 

Mr. Chairman, I want to thank the Committee for all their hard work on these 

important issues and look forward to today’s proceedings.

Chairman BOEHLERT. 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 the order of the roster. Without objection, so ordered. The bill is now open for amendment. The amendment pending is amendment #1 offered by Ms. 

Jackson Lee from Texas. Are you ready to proceed? 

Ms. JACKSON LEE. I am, Mr. Chairman. Let me thank the Chairman of the Subcommittee and Ranking Member of the Subcommittee for very——

Chairman BOEHLERT. The Clerk will report the amendment. 

Ms. JACKSON LEE. I have an amendment at the desk. Moving so 

quickly. 

The CLERK. Amendment to H.R. 1856 offered by Ms. Jackson Lee 

of Texas. 

[The amendment is located in the Appendix.] 

Chairman BOEHLERT. I ask unanimous consent to dispense with 

the reading. Without objection, so ordered. Ms. Jackson Lee is recognized. 

Ms. JACKSON LEE. Let me start again. 

Chairman BOEHLERT. For five minutes. 

Ms. JACKSON LEE. Thank you, Mr. Chairman. Let me thank the 

Ranking Member and the Chairman of the Subcommittee for a 

very thoughtful legislative initiative and not belabor the point and 

say that this amendment is to expand the opportunities, where 

practical, to include in the research of such important studies regarding the algal blooms, of historically black colleges and universities, Hispanic, Native American, Asian-Pacific Americans, and I 

60

appreciate that the Committee has been generally supportive of 

these amendments, and I would ask my colleagues to support it. 

[The prepared statement of Ms. Lee follows:]

PREPARED STATEMENT OF REPRESENTATIVE SHEILA JACKSON LEE

Mr. Chairman,

It is critical that as we kick off this important research initiative, we ensure that 

all institutions with great skills and expertise are brought to the table. This nation 

has a rich and diverse system of institutions of higher learning. This amendment 

makes sure that we tap into all the resources that that system has to offer by stating that activities in the new program will includes to the maximum extent practicable, diverse institutions, including Historically Flack Colleges and Universities 

and those serving large proportions of Hispanics, Native Americans, Asian-Pacific 

Americans, or other under-represented populations. 

This amendment will have other benefits as well. It will ensure that the next generation of headers and educators in this field is as diverse as this great nation. 

There has long been a disparity between funding of large universities and smaller 

institutions, such as HBCUs and other minority serving colleges. This amendment 

will ensure that our federal research programs are as inclusive as possible, and not 

exclusive of people and programs that need and deserve support. 

I hope you can support it.

Chairman BOEHLERT. Thank you very much. 

Ms. JACKSON LEE. I yield back. 

Chairman BOEHLERT. It is a quality amendment. The Chair is 

prepared to accept the amendment. The vote is on the amendment. 

All in favor say aye. Aye. Opposed, no. The ayes have it and the 

amendment is adopted. Is there anyone else that has an amendment? Is there further discussion? If no, the vote occurs, and—we 

have already voted that. We are getting there. We are moving right 

along. The question is on the bill, H.R. 1856, the Harmful Algal 

Bloom and Hypoxia Research Amendments Act of 2003, as amended. All those in favor will say aye. Aye. Opposed, say no. In the 

opinion of the Chair, the ayes have it. I will now recognize Mr. Hall 

for a motion. 

Mr. HALL. Mr. Chairman, I move that the Committee favorably 

report H.R. 1856, as amended, to the House with the recommendation that the bill, as amended, do pass. Furthermore, I move that 

the staff be instructed to prepare the legislative report and make 

necessary technical and conforming changes and that the Chairman take all necessary steps to bring the bill before the House for 

consideration. 

Chairman BOEHLERT. The Chair notes the presence of a reported 

quorum. The question is on the motion to report the bill favorably. 

Those in favor of the motion will signify by saying aye. Aye. Opposed, no. The ayes appear to have it, and the bill is favorably reported. Without objection, the motion to reconsider is laid upon the 

table. I move that members have two subsequent calendar days in 

which to submit supplemental, minority, or additional views on the 

measure. 

I move pursuant to Clause 1 of Rule 22 of the Rules of the House 

of Representatives that the Committee authorize the Chairman to 

offer such motions as may be necessary in the House to go to conference with the Senate on the bill H.R. 1856 or a similar Senate 

bill. Without objection, so ordered. 

[Whereupon the Committee proceeded to other business.] 

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Appendix 

AMENDMENT ROSTER, AMENDMENT, H.R. 1856 AS AMENDED BY THE

SUBCOMMITTEE ON ENVIRONMENT, TECHNOLOGY, AND STANDARDS, 

SECTION-BY-SECTION ANALYSIS

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SECTION-BY-SECTION ANALYSIS OF

H.R. 1856, HARMFUL ALGAL BLOOM AND HYPOXIA

RESEARCH AMENDMENTS ACT OF 2003

Summary: This Act would amend the Harmful Algal Bloom and Hypoxia Research 

and Control Act of 1998 (HABHRCA) (16 U.S.C. 1451 note). HABHRCA provided 

for a Task Force to develop two reports assessing harmful algal blooms and hypoxia 

at the national scale and two reports addressing hypoxia in the Gulf of Mexico. Additionally, HABHRCA authorized funding through the National Oceanic and Atmospheric Association (NOAA) for research on harmful algal blooms and hypoxia. The 

bill would retain the Task Force, reauthorize existing research programs, require an 

assessment of freshwater harmful algal blooms (HABs), and require NOAA to conduct regional assessments of HABs and hypoxia.

Sec. 1. Short Title.

‘‘Harmful Algal Bloom and Hypoxia Research Amendments Act of 2003’’.

Sec. 2. Retention of Task Force.

Amends HABHRCA by striking subsection 605(e), which provided for the disestablishment of the Task Force after the plans were submitted. Retaining the Task 

Force will facilitate following through on recommendations from the reports produced by it and is necessary for other activities in the legislation.

Sec. 3. Scientific Assessments and Research Plans.

Amends Sec. 603 of HABHRCA as described below:

Sec. 3(1). Task Force Activities. 

Amends Sec. 603(a) of HABHRCA to require the Task Force to work with local 

resources managers and consult with academic researchers, industry and nongovernmental organizations in developing assessments and research plans.

Sec. 3(2). Amends Sec. 603(b) and (c) of HABHRCA by striking those sections 

and inserting the sections described below:

Sec. 3(2)(b). Scientific Assessments of Harmful Algal Blooms. 

Requires a nationwide assessment of HABs once every five years. This first 

assessment would include only marine HABs and all subsequent assessments would include marine and freshwater (including the Great Lakes and 

upper reaches of estuaries) HABs. The timing of the first assessment coincides with a revision, already underway, of national research priorities for 

marine biotoxin and harmful algal bloom research.

Sec. 3(2)(c). Scientific Assessment of Freshwater Harmful Algal 

Blooms. 

Requires a one-time assessment of freshwater HABs that in the future 

would be incorporated into the HAB assessment in Sec. 3(2)(b). Requires 

the development of a research plan for incorporating freshwater HAB research into the Ecology and Oceanography of Harmful Algal Blooms 

(ECOHAB) interagency grant program. Research on freshwater HABs lags 

behind efforts addressing marine blooms and there is no comprehensive 

source of information on the occurrence and effects of freshwater HABs in 

the United States. Additionally, the Great Lakes have recently exhibited an 

increase in the occurrence of HABs and more research is needed to understand this phenomenon.

Sec. 3(d). National Scientific Research Plan into Reducing Impacts 

from Harmful Algal Blooms. 

Requires a research plan and establishment of a research program based 

on the plan to develop methods in the prevention, control, and mitigation 

of HABs. In the past, funding for research on such methods never was appropriated because there was no consensus plan for using such funding. 

There are two potential plans in previously issued NOAA reports that the 

Task Force could use to develop a research plan. Such a plan would help 

bridge the gap between basic research and management activities, which 

scientists believe is an important next step in HAB research.

Sec. 3(e). Scientific Assessments of Hypoxia. 

Requires national hypoxia scientific assessments once every five years. 

Since hypoxia is one symptom of coastal eutrophication (nutrient pollution), 

the assessments would support part of a multi-agency effort, led by NOAA, 

78

already underway to assess the scope and science of coastal eutrophication 

on a regular basis.

Sec. 3(f). Local and Regional Scientific Assessments. 

Authorizes funding for local and regional scientific assessments of HABs 

and hypoxia, as requested by localities and coordinated through the Task 

Force and the National Ocean Service (NOS) at NOAA. Local and regional 

assessments would be more useful to the state and local resource managers 

because the causes of and potential mitigation methods for HAB or hypoxic 

events vary with regional water use, land use, and ecology. NOAA and the 

Task Force are in a good position to help coordinate such assessments since 

they are a central source of expertise about HABS and hypoxia.

Sec. 4. Prediction and Response Plan. 

Requires the development of a plan to protect the environment and public 

health from impacts of harmful algal blooms. The plan will review HAB prediction techniques, identify innovative HAB response measures, and recommend 

steps needed for implementation of both of these topics.

Sec. 5. Authorization of Appropriations. 

Amends Sec. 605 of HABHRCA by striking the original language and inserting 

authorizations for 2004, 2005, and 2006. Total authorizations for 2004 would be 

$29.2 million; for 2005, $30.7 million; and for 2006, $31.2 million. All authorizations for research programs (2, 3, 4, and 5) are placed under the Coastal Ocean 

Science Program so that the funds are used for competitive, peer-reviewed and 

merit-based research.

This total is divided among the following programs:

1. $3 million annually for research and assessment activities at National 

Ocean Service Laboratories.

2. $10.2 million far the ECOHAB program, of which $2 million should be 

used for research on freshwater HABs.

3. $2 million in 2004, $3 million in 2005 and 2006 for research in prevention, control and mitigation methods.

4. $6 million annually for the Monitoring and Event Response for Harmful 

Algal Blooms (MERHAB) program.

5. $5 million in 2004, $5.5 million in 2005, and $6 million in 2006 for research and monitoring on hypoxia by the National Ocean Service and 

the Office of Oceanic and Atmospheric Research of NOAA.

6. $3 million annually for the local and regional assessments in Sec. 3(f).

Sec. 6. Coastal Ocean Science Program. 

Amends the Coastal Ocean Program in the National Oceanic and Atmospheric 

Administration Authorization Act of 1992 so that the program supports Great 

Lakes, estuarine and coastal ocean research and assessment through competitive, peer-reviewed, and merit-based research programs. Sets authorization levels for the Coastal Ocean Science Program at $34,000,000 for fiscal year 2004, 

$36,000,000 for fiscal year 2005, and $38,000,000 for fiscal year 2006.

Æ