89–008 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 111–439 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3650) TO ESTABLISH 

A NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM, TO DEVELOP AND COORDINATE A COMPREHENSIVE AND INTEGRATED STRATEGY TO ADDRESS HARMFUL ALGAL BLOOMS AND HYPOXIA, AND TO 

PROVIDE FOR THE DEVELOPMENT AND IMPLEMENTATION OF COMPREHENSIVE REGIONAL ACTION PLANS TO REDUCE HARMFUL ALGAL 

BLOOMS AND HYPOXIA 

MARCH 11, 2010.—Referred to the House Calendar and ordered to be printed 

Ms. PINGREE, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 1168] 

The Committee on Rules, having had under consideration House 

Resolution 1168, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 3650, the 

‘‘Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of 2009,’’ under a structured rule. The resolution provides one hour of general debate equally divided and controlled by 

the chairman and ranking minority member of the Committee on 

Science and Technology. The resolution waives all points of order 

against consideration of the bill except those arising under clause 

9 or 10 of rule XXI. The resolution provides that the amendment 

printed in part A of this report shall be considered as adopted. The 

bill, as amended, shall be considered as read. The resolution waives 

all points of order against the bill, as amended. This waiver does 

not affect the point of order available under clause 9 of rule XXI 

(regarding earmark disclosure). The resolution makes in order only 

the amendment printed in part B of this report if offered by Representative Flake of Arizona or his designee. The amendment shall 

be considered as read, shall be separately debatable for 10 minutes 

equally divided and controlled by the proponent and an opponent, 

and shall not be subject to a demand for division of the question. 

The resolution waives all points of order against the amendment 

printed in part B of this report except those arising under clause 


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9 and 10 of rule XXI. Finally, the resolution provides one motion 

to recommit with or without instructions. 

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of the bill (except those arising under clause 9 or 10 of rule 

XXI), the Committee is not aware of any points of order. The waiver is prophylactic. The waiver of all points of order against provisions in the bill, as amended, is prophylactic in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 326 

Date: March 11, 2010. 

Measure: H.R. 3650. 

Motion by: Mr. Dreier. 

Summary of motion: To report an open rule. 

Results: Defeated 3–7. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Arcuri—Nay; Perlmutter—Nay; Polis—Nay; Dreier— 

Yea; Sessions—Yea; Foxx—Yea; Slaughter—Nay. 

SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE IN PART

A TO BE CONSIDERED AS ADOPTED

A definition for ‘‘State’’ was added, and the duties of the Under 

Secretary are clarified to ensure its role is to coordinate the efforts 

of the Task Force. There also is language now to encourage international information sharing; coordinate existing education programs; and assist in regional, State, tribal and local efforts. The 

current language also clarifies the activities under the Freshwater 

Harmful Algal Blooms Program and the existing NOAA programs 

and activities. The bill has added language that integrates all 

coastal and ocean monitoring and observation data. There is also 

a consolidation of the reporting requirements and language to ensure extramural research activities. Finally, although the top line 

authorization level does not change, the breakdown of the authorization of appropriations for specific programs and activities is 

modified. 

SUMMARY OF AMENDMENT IN PART B TO BE MADE IN ORDER

Flake, Jeff (AZ): Would prohibit earmarking in the funds authorized for appropriations in the legislation. (10 minutes) 

PART A—TEXT OF AMENDMENT IN THE NATURE OF A SUBSTITUTE TO

BE CONSIDERED AS ADOPTED

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of 2010’’. 


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

Except as otherwise expressly provided, whenever in this Act an 

amendment or repeal is expressed in terms of an amendment to, 

or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Harmful 

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

U.S.C. 1451 note). 

SEC. 3. DEFINITIONS. 

(a) AMENDMENT.—The Act is amended by inserting after section 

602 the following: 

‘‘SEC. 602A. DEFINITIONS. 

‘‘In this title: 

‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the 

Administrator of the Environmental Protection Agency. 

‘‘(2) PROGRAM.—The term ‘Program’ means the National 

Harmful Algal Bloom and Hypoxia Program established under 

section 603A. 

‘‘(3) STATE.—The term ‘State’ means each of the several 

States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 

Samoa, the Commonwealth of the Northern Mariana Islands, 

any other territory or possession of the United States, and any 

Indian tribe. 

‘‘(4) UNDER SECRETARY.—The term ‘Under Secretary’ means 

the Under Secretary of Commerce for Oceans and Atmosphere.’’. 

(b) TABLE OF CONTENTS AMENDMENT.—The table of contents in 

section 2 of the Coast Guard Authorization Act of 1998 is amended 

by adding after the item relating to section 602 the following new 

item: 

‘‘Sec. 602A. Definitions.’’. 

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

(a) AMENDMENT.—The Act is amended by inserting after section 

603 the following: 

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

‘‘(a) IN GENERAL.—Except as provided in subsection (d), the 

Under Secretary, through the Task Force established under section 

603(a), shall establish and maintain a National Harmful Algal 

Bloom and Hypoxia Program pursuant to this section. 

‘‘(b) DUTIES.—The Under Secretary, through the Program, shall 

coordinate the efforts of the Task Force to— 

‘‘(1) develop and promote a national strategy to understand, 

detect, predict, control, mitigate, and respond to marine and 

freshwater harmful algal bloom and hypoxia events; 

‘‘(2) integrate the research of all Federal programs, including 

ocean and Great Lakes science and management programs and 

centers, that address the chemical, biological, and physical 

components of marine and freshwater harmful algal blooms 

and hypoxia; 

‘‘(3) coordinate and work cooperatively with State, tribal, and 

local government agencies and programs that address marine 

and freshwater harmful algal blooms and hypoxia; 


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‘‘(4) identify additional research, development, and demonstration needs and priorities relating to monitoring, prediction, prevention, control, mitigation, and response to marine 

and freshwater harmful algal blooms and hypoxia; 

‘‘(5) encourage international information sharing and research efforts on marine and freshwater harmful algal blooms 

and hypoxia, and encourage international mitigation, control, 

and response activities; 

‘‘(6) ensure the development and implementation of methods 

and technologies to protect the ecosystems affected by marine 

and freshwater harmful algal blooms; 

‘‘(7) integrate, coordinate, and augment existing education 

programs to improve public understanding and awareness of 

the causes, impacts, and mitigation efforts for marine and 

freshwater harmful algal blooms and hypoxia; 

‘‘(8) assist in regional, State, tribal, and local efforts to develop and implement appropriate marine and freshwater harmful algal bloom and hypoxia response plans, strategies, and 

tools; 

‘‘(9) provide resources for and assist in the training of State, 

tribal, and local water and coastal resource managers in the 

methods and technologies for monitoring, controlling, mitigating, and responding to the effects of marine and freshwater 

harmful algal blooms and hypoxia events; 

‘‘(10) oversee the development, implementation, review, and 

periodic updating of the Regional Research and Action Plans 

under section 603B; and 

‘‘(11) administer peer-reviewed, merit-based competitive 

grant funding to support— 

‘‘(A) the projects maintained and established by the Program; and 

‘‘(B) the research and management needs and priorities 

identified in the Regional Research and Action Plans. 

‘‘(c) COOPERATIVE EFFORTS.—The Under Secretary shall work cooperatively and avoid duplication of efforts with other offices, centers, and programs within the National Oceanic and Atmospheric 

Administration and other agencies represented on the Task Force 

established under section 603(a), States, tribes, and nongovernmental organizations concerned with marine and freshwater aquatic issues related to harmful algal blooms and hypoxia. 

‘‘(d) FRESHWATER PROGRAM.—With respect to the freshwater aspects of the Program, the Administrator and Under Secretary, 

through the Task Force, shall carry out the duties otherwise assigned to the Under Secretary under this section and section 603B, 

including the activities described in subsection (e). The Administrator’s participation under this subsection shall include— 

‘‘(1) research on the ecology of freshwater harmful algal 

blooms; 

‘‘(2) monitoring and event response of freshwater harmful 

algal blooms in lakes, rivers, estuaries (including their tributaries), and reservoirs; 

‘‘(3) mitigation and control of freshwater harmful algal 

blooms; and 


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‘‘(4) an identification in the President’s annual budget request to Congress of how much funding is proposed in that request for carrying out the activities described in subsection (e). 

‘‘(e) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AC- TIVITIES.—As part of the program under this section, the Under 

Secretary shall— 

‘‘(1) maintain and enhance existing competitive grant programs at the National Oceanic and Atmospheric Administration relating to marine and freshwater harmful algal blooms 

and hypoxia; 

‘‘(2) carry out marine and freshwater harmful algal bloom 

and hypoxia events response activities; and 

‘‘(3) enhance communication and coordination among Federal 

agencies carrying out marine and freshwater harmful algal 

bloom and hypoxia activities, and increase the availability to 

appropriate public and private entities of— 

‘‘(A) analytical facilities and technologies; 

‘‘(B) operational forecasts; and 

‘‘(C) reference and research materials. 

‘‘(f) INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM.—All 

monitoring and observation data collected under this Act shall be 

collected in compliance with all data standards and protocols developed pursuant to the National Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et seq.), and such 

data shall be made available through the System established under 

that Act. 

‘‘(g) ACTION STRATEGY.— ‘‘(1) IN GENERAL.—Not later than 12 months after the date 

of enactment of the Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of 2010, the Under Secretary, through the Task Force established under section 

603(a), shall transmit to the Congress an action strategy that 

identifies— 

‘‘(A) the specific activities to be carried out by the Program and the timeline for carrying out such activities; and 

‘‘(B) the roles and responsibilities of each Federal agency 

in the Task Force established under section 603(a) in carrying out Program activities. 

‘‘(2) FEDERAL REGISTER.—The Under Secretary shall publish 

the action strategy in the Federal Register. 

‘‘(3) PERIODIC REVISION.—The Under Secretary shall periodically review and revise the action strategy prepared under this 

subsection as necessary. 

‘‘(h) REPORT.—Two years after the submission of the action strategy, the Under Secretary shall prepare and transmit to the Congress a report that describes— 

‘‘(1) the activities carried out under the Program and the Regional Research and Action Plans and the budget related to 

these activities; 

‘‘(2) the progress made on implementing the action strategy; 

and 

‘‘(3) the need to revise or terminate activities or projects 

under the Program.’’. 

(b) TABLE OF CONTENTS AMENDMENT.—The table of contents in 

section 2 of the Coast Guard Authorization Act of 1998 is amended 


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by adding after the item relating to section 603 the following new 

item: 

‘‘Sec. 603A. National Harmful Algal Bloom and Hypoxia Program.’’. 

SEC. 5. REGIONAL RESEARCH AND ACTION PLANS. 

(a) AMENDMENT.—The Act is amended by inserting after section 

603A the following: 

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

‘‘(a) IN GENERAL.—The Under Secretary, through the Task Force 

established under section 603(a), shall— 

‘‘(1) identify the appropriate regions and subregions to be addressed by each Regional Research and Action Plan; and 

‘‘(2) oversee the development and implementation of the Regional Research and Action Plans. 

‘‘(b) CONTENTS.—The Plans developed under this section shall 

identify— 

‘‘(1) regional priorities for ecological, economic, and social research on issues related to the impacts of harmful algal blooms 

and hypoxia; 

‘‘(2) research, development, and demonstration activities 

needed to develop and advance technologies and techniques for 

minimizing the occurrence of harmful algal blooms and hypoxia and improving capabilities to prevent, predict, monitor, 

control, and mitigate harmful algal blooms and hypoxia; 

‘‘(3) ways to reduce the duration and intensity of harmful 

algal blooms and hypoxia, including in times of emergency; 

‘‘(4) research and methods to address human health dimensions of harmful algal blooms and hypoxia; 

‘‘(5) mechanisms, including the potential costs and benefits of 

those mechanisms, to protect vulnerable ecosystems that could 

be or have been affected by harmful algal blooms and hypoxia 

events; 

‘‘(6) mechanisms by which data, information, and products 

are transferred between the Program and State, tribal, and 

local governments and relevant research entities; 

‘‘(7) communication, outreach, and information dissemination 

methods that State, tribal, and local governments and stakeholder organizations can undertake to educate and inform the 

public concerning harmful algal blooms and hypoxia; and 

‘‘(8) the roles that Federal agencies can play to assist in the 

implementation of the Plan. 

‘‘(c) BUILDING ON AVAILABLE STUDIES AND INFORMATION.—In developing the Plans under this section, the Under Secretary shall— 

‘‘(1) utilize and build on existing research, assessments, and 

reports, including those carried out pursuant to existing law 

and other relevant sources; and 

‘‘(2) consider the impacts, research, and existing program activities of all United States coastlines and fresh and inland waters, including the Great Lakes, the Chesapeake Bay, and estuaries and tributaries. 

‘‘(d) DEVELOPMENT OF PLANS.—The Under Secretary shall develop Plans under this section with assistance from the individuals 

and entities described in subsection (f). 

‘‘(e) PLAN TIMELINE AND UPDATES.—The Under Secretary, 

through the Task Force established under section 603(a), shall enVerDate Nov 24 2008 02:34 Mar 12, 2010 Jkt 089008 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR439.XXX HR439

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sure that the Plans developed under this section are completed not 

later than 24 months after the date of enactment of the Harmful 

Algal Blooms and Hypoxia Research and Control Amendments Act 

of 2010, and updated once every 5 years thereafter. 

‘‘(f) COORDINATION AND CONSULTATION.—In developing the Plans 

under this section, as appropriate, the Under Secretary— 

‘‘(1) shall coordinate with State coastal management and 

planning officials; 

‘‘(2) shall coordinate with tribal resource management officials; 

‘‘(3) shall coordinate with water management and watershed 

officials from both coastal States and noncoastal States with 

water sources that drain into water bodies affected by harmful 

algal blooms and hypoxia; and 

‘‘(4) shall consult with— 

‘‘(A) public health officials; 

‘‘(B) emergency management officials; 

‘‘(C) science and technology development institutions; 

‘‘(D) economists; 

‘‘(E) industries and businesses affected by marine and 

freshwater harmful algal blooms and hypoxia; 

‘‘(F) scientists, with expertise concerning harmful algal 

blooms or hypoxia, from academic or research institutions; 

and 

‘‘(G) other stakeholders.’’. 

(b) TABLE OF CONTENTS AMENDMENT.—The table of contents in 

section 2 of the Coast Guard Authorization Act of 1998 is amended 

by adding after the item relating to section 603A, as added by section 4(b) of this Act, the following new item: 

‘‘Sec. 603B. Regional research and action plans.’’. 

SEC. 6. NORTHERN GULF OF MEXICO HYPOXIA. 

Section 604 is amended to read as follows: 

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

‘‘(a) TASK FORCE INITIAL PROGRESS REPORTS.—Not later than 12 

months after the date of enactment of the Harmful Algal Blooms 

and Hypoxia Research and Control Amendments Act of 2010, the 

Administrator, through the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, shall complete and transmit to the Congress and the President a report on the progress made by Task 

Force-directed activities toward attainment of the goals of the Gulf 

Hypoxia Action Plan 2008. 

‘‘(b) TASK FORCE 2-YEAR PROGRESS REPORTS.—After the initial 

report required under subsection (a), the Administrator, through 

the Task Force, shall complete and transmit to Congress and the 

President a report every 2 years thereafter on the progress made 

by Task Force-directed activities toward attainment of the coastal 

goal of the Gulf Hypoxia Action Plan 2008. 

‘‘(c) CONTENTS.—The reports required by this section shall assess 

progress made toward nutrient load reductions, the response of the 

hypoxic zone and water quality throughout the Mississippi/ 

Atchafalaya River Basin, and the economic and social effects. The 

reports shall— 


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‘‘(1) include an evaluation of how current policies and programs affect management decisions, including those made by 

municipalities and industrial and agricultural producers; 

‘‘(2) evaluate lessons learned; and 

‘‘(3) recommend appropriate actions to continue to implement 

or, if necessary, revise the strategy set forth in the Gulf Hypoxia Action Plan 2008.’’. 

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

(a) AMENDMENT.—The Act is amended by inserting after section 

604 the following: 

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

‘‘(a) ASSESSMENT REPORT.—Not later than 12 months after the 

date of enactment of the Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of 2010, the Task Force established under section 603 shall complete and submit to Congress 

and the President an integrated assessment of hypoxia in the 

coastal and estuarine waters of the Pacific Northwest that examines the status of current research, monitoring, prevention, response, and control efforts. 

‘‘(b) PLAN.—The Task Force shall include in the regionally appropriate Regional Research and Action Plan developed under section 

603B a plan, based on the integrated assessment submitted under 

subsection (a), for reducing, mitigating, and controlling hypoxia in 

the coastal and estuarine waters of the Pacific Northwest. In developing such plan, the Task Force shall consult with State, Indian 

tribe, and local governments, and academic, agricultural, industry, 

and environmental groups and representatives. Such plan shall include incentive-based partnership approaches. The plan shall also 

address the social and economic costs and benefits of the measures 

for reducing, mitigating, and controlling hypoxia.’’. 

(b) TABLE OF CONTENTS AMENDMENT.—The table of contents in 

section 2 of the Coast Guard Authorization Act of 1998 is amended 

by adding after the item relating to section 604 the following new 

item: 

‘‘Sec. 604A. Pacific Northwest, estuaries, and Puget Sound hypoxia.’’. 

SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION.—Section 605 is amended to read as follows: 

‘‘SEC. 605. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated— 

‘‘(1) to the Under Secretary to carry out sections 603A and 

603B, $34,000,000 for each of fiscal years 2011 through 2015, 

of which, for each fiscal year— 

‘‘(A) $2,000,000 may be used for the development of the 

Regional Research and Action Plans and the reports required by section 604A; 

‘‘(B) $3,000,000 may be used for the research and assessment activities related to marine and freshwater harmful 

algal blooms at research laboratories of the National Oceanic and Atmospheric Administration; 

‘‘(C) $8,000,000 may be used to carry out the Ecology 

and Oceanography of Harmful Algal Blooms Program 

(ECOHAB); 


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‘‘(D) $5,500,000 may be used to carry out the Monitoring 

and Event Response for Harmful Algal Blooms Program 

(MERHAB); 

‘‘(E) $1,500,000 may be used to carry out the Northern 

Gulf of Mexico Ecosystems and Hypoxia Assessment Program (NGOMEX); ‘‘(F) $5,000,000 may be used to carry out the Coastal Hypoxia Research Program (CHRP); ‘‘(G) $5,000,000 may be used to carry out the Prevention, 

Control, and Mitigation of Harmful Algal Blooms Program 

(PCM); 

‘‘(H) $1,000,000 may be used to carry out marine and 

freshwater harmful algal bloom and hypoxia events response activities; and ‘‘(I) $3,000,000 may be used for increased availability, 

communication, and coordination activities; and 

‘‘(2) to the Administrator to carry out sections 603A, 603B, and 604, $7,000,000 for each of fiscal years 2011 through 

2015.’’. 

(b) EXTRAMURAL RESEARCH ACTIVITIES.—The Under Secretary 

shall ensure that a substantial portion of funds appropriated pursuant to subsection (a) that are used for research purposes are allocated to extramural research activities. 

PART B—TEXT OF AMENDMENT TO BE MADE IN ORDER

At the end of the bill, add the following new section: 

SEC. 9. PROHIBITION ON EARMARKS. 

None of the funds appropriated pursuant to section 605 may be 

used for a Congressional earmark as defined in clause 9(e) of rule 

XXI of the Rules of the House of Representatives. 

Æ 


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