Subcommittee Marks Up HABs Bill, But Bill Misses the Mark

Press Release

Yesterday, the House Committee on Science, Space, and Technology's Subcommittee on Energy and Environment held a markup of H.R. 2484, the Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of 2011. H.R. 2484 would implement research strategies and provide for a comprehensive action plan to reduce and address Harmful Algal Blooms (HABs) and hypoxia. This legislation is, in some ways, similar to H.R. 3650, Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of 2009, introduced in the 111th Congress by Congressman Brian Baird (WA-3). H.R. 3650 was approved by the House, but was never acted on by the Senate.

HABs are a rapid overproduction of algal cells that produce toxins hazardous to animals and plants. When the blooms occur they also block sunlight in water and use up the available oxygen in the water, which causes severe oxygen depletion, or "hypoxia". The toxins can be dangerous to humans on contact or when consuming fish or seafood that have come in contact with the algae. Blooms can increase suddenly due to relatively small environmental changes in temperature, water quality, and sunlight or an increase in nutrients in the water. HABs also have devastating environmental and economic impacts, including large-scale fish, bird, and mammal mortalities; hardships for economies which are reliant on tourism and the harvest of local fish and seafood; and lasting damage to ecosystems that may reduce the ability of those systems to support a diversity of species. According to the National Oceanic and Atmospheric Administration, HABs and hypoxia are responsible for an average of $82 million in economic damage in the U.S. every year.

"Unfortunately, despite years of research and growing public awareness, the frequency and duration of harmful algal blooms and hypoxia is on the rise, and affecting more of our coastlines and inland waters than ever before," said Ranking Member Brad Miller (D-NC). "In fact, just last month, the esteemed senior senator from Oklahoma and frequent contributor to the debate on environmental policy, Senator Inhofe, was made deathly sick, to use the Senator's own words, by swimming in a toxic algae outbreak in a lake in his home state."

He continued, "NOAA and the research community have made notable strides in advancing our understanding of harmful algae, and, operating under severe budgetary constraints, they have managed to devise a range of innovative solutions. The question for us is when will we stop paying lip service to this problem, take it seriously, and put our money where our mouth is? Scientific research and practicable response strategies don't come for free. From oyster farmers to swimming Senators, the public expects more from us."

Although Subcommittee Democrats believe that action needs to be taken to help implement research strategies and action plans to better understand and respond to these harmful blooms and hypoxic events, they did not express support for the bill. H.R. 2454 would reduce HABs activities funding to below FY2008 spending levels while including a focus on several additional activities. It will be extremely difficult for NOAA and the EPA to carry out the current mandated activities, let alone focus on the additional activities included in the bill.

On the issue of reduced funding for the programs, Mr. Miller commented "Despite acknowledging the risk of HABs, the bill makes even further cuts to already struggling programs, actually rewinding funding to lower than 2008 levels." He continued, "If we are going to say we care about this research, and that we care enough about the effects of HABs, then we actually have to invest in a way that will move this research forward."

The markup was otherwise uneventful with the exception of Mr. Miller raising a parliamentary inquiry questioning whether the authorization of appropriations in the bill complied with the protocols set forth by the Majority at the beginning of the Congress. The bill does not specify any valid offset for the funding of EPA's activities, as required by these protocols. Rather, the bill cites an expired authorization of appropriations for the year 1981 as the source of funding. When Mr. Miller reminded the Committee that this provision violates the Majority's prohibition on consideration of such bills, he was assured that consultation with the Congressional Budget Office was ongoing and that a suitable authorization would be devised before considering the legislation in the Full Committee.

Rep. Jerry McNerney (D-CA) introduced an amendment similar to a provision that was included in the HABs reauthorization bill from the 111th Congress. It requires the Under Secretary of NOAA and the Interagency HABs Task Force to encourage the appropriate exchange of research information with the international research community. The amendment is intended to encourage U.S. researchers to tap all resources of information to better help control, mitigate, and respond to bloom outbreaks and hypoxic zones in U.S. waters. The amendment was accepted.

Mr. Miller concluded his opening statement by saying, "The research community and the populations they serve have made it clear that they need this bill, and that it is important that we pass a piece of legislation that is both helpful to them and responsive to the problem. Right now, I cannot see that this bill does either of those."

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