[Congressional Record Volume 156, Number 33 (Tuesday, March 9, 2010)]
[House]
[Pages H1182-H1188]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS ACT OF 
                                  2010

  Mr. BAIRD. Madam Speaker, I move to suspend the rules and pass 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, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3650

       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 Blooms and 
     Hypoxia Research and Control Amendments Act of 2010''.

     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;
       ``(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;

[[Page H1183]]

       ``(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
       ``(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 
     Activities.--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 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 ensure that the Plans developed under this section are 
     completed not later than 24 months after the date of 
     enactment of the Harmful Algal Blooms and Hypoxia Research 
     and Control Amendments Act of 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.

[[Page H1184]]

       ``(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--
       ``(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);
       ``(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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Washington (Mr. Baird) and the gentleman from Texas (Mr. Hall) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Washington.


                             General Leave

  Mr. BAIRD. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on H.R. 3650, as amended, the bill now 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. BAIRD. Madam Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 3650, the Harmful Algal Blooms and Hypoxia 
Research and Control Act. This bill represents a timely and necessary 
step to address a large and growing problem. The Harmful Algal Blooms 
(HABs) and Hypoxia Research and Control Act was first signed into law 
in 1998 and last reauthorized in 2004. And from the outset, I want to 
commend my dear friend and colleague, Dr. Ehlers, for his tireless work 
on this over many years.
  I stand in support of these programs because this affects virtually 
every coastal waterway in America as well as freshwater ecosystems. Let 
me share with you an example of how serious this problem is.
  In a small lake in my own district recently, a person was out with 
their dog, playing fetch in the water. They threw their favorite tennis 
ball in the water. The dog jumped into the water, retrieved the tennis 
ball, swam back up on the shore, and promptly died.
  Harmful algal blooms are what we know in the saltwater environment as 
red tides. In freshwater, it's often blue-green algae. They are deadly 
in both environments. Estimates suggest the cost may be $82 million a 
year, the annual economic impact of HABs, according to a 2006 study. 
This means billions of dollars over decades.
  I mentioned already the tragic loss of this animal, but on a human 
scale, red tides pose a serious neurotoxin that can actually affect 
your ability to remember things over the long run. So we have a serious 
problem. It is growing in the case of harmful algal blooms.
  We have a parallel and related problem that the bill also addresses, 
and these are so-called dead zones, or hypoxia, so known because they 
are areas of lack of oxygen. These are expanding. Perhaps the most well 
known is in the Gulf of Mexico, areas literally thousands of square 
miles wide that if virtually any marine organism swims into them, they 
die very shortly thereafter because they do not have sufficient oxygen 
to survive. This has impacted not only the Gulf of Mexico, but also my 
own coast and elsewhere in the country.
  Now, within the freshwater system, I want to underscore a 
particularly important point. From the Great Lakes to small creeks of 
West Virginia and throughout the country, this is a problem. My friend 
and colleague, Mr. Mollohan from West Virginia, has been particularly 
interested in this. We need to understand that these harmful algal 
blooms in freshwater are particularly toxic for the following reasons:
  Most of the mechanisms that we currently use to purify water do not 
work with harmful algal blooms. If you boil water to kill pathogens, 
that normally purifies it. If you boil water that has harmful algal 
blooms in it, you actually increase the toxin and increase its 
lethality. If you filter water to get out protozoa and other things, as 
many of us do when we are hiking or climbing, that can purify normal 
water. It is totally ineffective and may be actually counterproductive 
in harmful algal blooms because all you do is break up the bodies of 
the algae, but the toxin survives. Chlorination does not work to stop 
these things.
  So we have a problem that is deadly to organisms ranging from fish to 
shore birds and to human beings. And again, both harmful algal blooms 
and hypoxic events are spreading.
  I want to also mention that in my own district, which has a coastal 
area that is very economically benefited by the clamming season, all 
you need is one red tide to come in, shut down the clamming season, and 
you literally lose millions of dollars of business. And for many of our 
hotel owners and restaurateurs and others, that's the season. You lose 
that because of a harmful algal bloom, you have basically lost your 
economy for the year. So this bill would expand our ability to study 
and ultimately to control these harmful algal blooms and hypoxic 
events.
  I appreciate the support of many colleagues.
  I reserve the balance of my time.
  Mr. HALL of Texas. I yield myself such time as I may consume.
  Harmful algal blooms are those blooms that produce toxins that are 
hazardous to plants and animals. The

[[Page H1185]]

most recognized harmful algal bloom is red tide, since it discolors the 
water and makes seafood inedible. Such an event causes many States 
severe economic harm through beach closures and restrictions on 
seafood.
  This bill fosters continued research into the causes of red tide, 
explores ways to manage the blooms, and sets up mechanisms to 
potentially predict when they may occur. These are all areas of 
research that are beneficial to our economy and to human health, and I 
commend the vice ranking member of our committee, Dr. Vern Ehlers, for 
his commitment to address this important issue through his 
cosponsorship of this legislation.
  While I'm supportive of the goals of this measure, I do need to 
convey some concerns that I and several of my Republican colleagues had 
in committee. The bill addresses a problem that affects nearly every 
State. However, we want to make sure that the original and the regional 
research and action plans that are called for are not a top-down 
mandate but a true collaboration between the Federal Government and the 
States and local areas directly affected by these blooms. We want to 
make sure we are not imposing undue burdens on States that they would 
not voluntarily take on themselves.


 =========================== NOTE =========================== 

  
  March 9, 2010 on H1185 the following appeared: make sure we are 
not imposing undo
  
  The online version should be corrected to read: make sure we are 
not imposing undue


 ========================= END NOTE ========================= 

  Although the onus is currently on the Federal Government, the 
activities identified in these plans are ones that will most likely be 
executed by State, tribal, and local governments. As written, the bill 
does not contain any safeguards against unfunded mandates. During the 
markup, we offered amendments that would address these concerns.
  The first amendment would have prevented any increased financial 
burden to State, tribal, or local governments as a result of anything 
in the bill or the law it amends. Despite receiving bipartisan support, 
the amendment was not accepted.
  A second amendment would have required the development and 
implementation of the plans initiated only at the request of the 
States, not the Federal Government. Unfortunately, this amendment also 
failed. State, tribal, and local governments are already shouldering 
the burden of the effects of harmful algal blooms since these events 
have a direct impact on local and regional economies. Furthermore, in 
the current economic climate, these governments are struggling to 
prioritize and fund the most basic of services. The assurance of the 
added protection against unfunded mandates at this time should be 
something all Members favor.
  This legislation has gone through a number of changes since it passed 
out of committee. Some changes were made by the majority after the bill 
passed out of committee, and I hope that in the future, we can make 
necessary changes while bills are still in committee so that all 
Members can weigh in before bills go to the floor.
  Finally, I have concerns about the authorization levels in the bill. 
Given this era of fiscal constraint, we must be mindful of how we spend 
taxpayers' dollars. This bill authorizes funding that is almost three 
times the amount that has been appropriated in recent years. The 
authorization levels are 50 percent higher than the last 
reauthorization in 2004. The Federal Government did not spend more than 
$15 million per year when the authorization level was at $26 million 
per year, so it's hard for me to support raising the level to $41 
million per year in 2011.
  Harmful algal blooms and hypoxia are growing threats to our economy 
and to our economic prosperity and impact coastal gulf and even inland 
States. While I support the overarching goals of research into these 
issues and the development of technologies and procedures to lessen 
their harmful consequences, I remain concerned that this bill is too 
expensive and does not protect against unfunded mandates.
  I reserve the balance of my time.
  Mr. BAIRD. Madam Speaker, at this point, I want to acknowledge that, 
as is so often the case, H.R. 3650 was a collaborative effort, not just 
with my minority colleagues on the Science and Technology Committee, 
but also with the Natural Resources Committee and the Transportation 
and Infrastructure Committee as well. I would like, here, to insert a 
letter of exchanges with those committees into the Record, and I want 
to also thank both Chairmen Rahall and Oberstar for their efforts on 
this legislation.

                                         House of Representatives,


                               Committee on Natural Resources,

                                Washington, DC, November 12, 2009.
     Hon. Bart Gordon,
     Chairman, Committee on Science and Technology, Rayburn 
         H.O.B., Washington, DC.
       Dear Mr. Chairman: Thank you for the opportunity to work 
     with you on H.R. 3650, the Harmful Algal Blooms and Hypoxia 
     Research and Control Amendments Act of 2009, which was 
     referred to the Committee on Science and Technology, and in 
     addition to the Committee on Natural Resources.
       Because of the continued cooperation and consideration that 
     you have afforded me and my staff in developing these 
     provisions, and knowing of your interest in expediting this 
     legislation, I am willing to waive further consideration of 
     H.R. 3650 by the Committee on Natural Resources at this time. 
     Of course, this waiver is not intended to prejudice any 
     future jurisdictional claims over the provisions of this 
     legislation or similar language. I also reserve the right to 
     seek to have conferees named from the Committee on Natural 
     Resources on these provisions, and request your support if 
     such a request is made.
       Please place this letter into the committee report on H.R. 
     3650 and into the Congressional Record during consideration 
     of the measure on the House floor.
       With warm regards, I am
           Sincerely,
                                                Nick J. Rahall II,
     Chairman, Committee on Natural Resources
                                  ____

         House of Representatives, Committee on Science and 
           Technology,
                                Washington, DC, November 12, 2009.
     Hon. Nick J. Rahall, II,
     Chairman, Committee on Natural Resources, House of 
         Representatives, Washington, DC.
       Dear Chairman Rahall: Thank you for your letter regarding 
     H.R. 3650, the Harmful Algal Blooms and Hypoxia Research and 
     Control Amendments Act of 2009. Your support for this 
     legislation and your assistance in ensuring its timely 
     consideration are greatly appreciated.
       I agree that provisions in the bill are of jurisdictional 
     interest to the Committee on Natural Resources. I acknowledge 
     that by discharging the Committee on Natural Resources from 
     further consideration of 3650, your Committee is not 
     relinquishing Its jurisdiction and I will fully support your 
     request to be represented in a House-Senate conference on 
     those provisions over which the Committee on Natural 
     Resources has jurisdiction. A copy of our letters will be 
     placed in the Committee Report on H.R. 3650 and in the 
     Congressional Record during consideration of the bill on the 
     House floor.
       I value your cooperation and look forward to working with 
     you as we move ahead with this important legislation.
           Sincerely,
                                                      Bart Gordon,
     Chairman.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                Washington, DC, December 14, 2009.
     Hon. Bart Gordon,
     Chairman, Committee on Science and Technology, House of 
         Representatives, Washington, DC.
       Dear Chairman Gordon: I write to you regarding H.R. 3650, 
     the ``Harmful Algal Blooms and Hypoxia Research and Control 
     Amendments Act of 2009''.
       H.R. 3650 contains provisions that fall within the 
     jurisdiction of the Committee on Transportation and 
     Infrastructure. I recognize and appreciate your desire to 
     bring this legislation before the House in an expeditious 
     manner and, accordingly, I will not seek a sequential 
     referral of the bill. However, I agree to waive consideration 
     of this bill with the mutual understanding that my decision 
     to forgo a sequential referral of the bill does not waive, 
     reduce, or otherwise affect the jurisdiction of the Committee 
     on Transportation and Infrastructure over H.R. 3650.
       Further, the Committee on Transportation and Infrastructure 
     reserves the right to seek the appointment of conferees 
     during any House-Senate conference convened on this 
     legislation on provisions of the bill that are within the 
     Committee's jurisdiction. I ask for your commitment to 
     support any request by the Committee on Transportation and 
     Infrastructure for the appointment of conferees on H.R. 3650 
     or similar legislation.
       Please place a copy of this letter and your response 
     acknowledging the Committee on Transportation and 
     Infrastructure's jurisdictional interest in the Committee 
     Report on H.R. 3650 and in the Congressional Record during 
     consideration of the measure in the House.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                          James L. Oberstar, M.C.,
                                                         Chairman.

[[Page H1186]]

     
                                  ____
         House of Representatives, Committee on Science and 
           Technology,
                                Washington, DC, December 14, 2009.
     Hon. James L. Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives, Washington, DC.
       Dear Chairman Oberstar: Thank you for your letter regarding 
     H.R. 3650, the Harmful Algal Blooms and Hypoxia Research and 
     Control Amendments Act of 2009. Your support for this 
     legislation and your assistance in ensuring its timely 
     consideration are greatly appreciated.
       I agree that provisions in the bill are of jurisdictional 
     interest to the Committee on Transportation and 
     Infrastructure. I acknowledge that by forgoing a sequential 
     referral, your Committee is not relinquishing its 
     jurisdiction and I will fully support your request to be 
     represented in a House-Senate conference on those provisions 
     over which the Committee on Transportation and Infrastructure 
     has jurisdiction in H.R. 3650. A copy of our letters will be 
     placed in the Committee Report on H.R. 3650 and in the 
     Congressional Record during consideration of the bill on the 
     House floor.
       I value your cooperation and look forward to working with 
     you as we move ahead with this important legislation.
           Sincerely,
                                                      Bart Gordon,
                                                         Chairman.

  If I may, at this point, I would like to yield 3 minutes to the 
gentleman from Maryland (Mr. Kratovil).
  Mr. KRATOVIL. I thank the gentleman from Washington for yielding.
  Madam Speaker, I rise in support of H.R. 3650 and urge my colleagues 
to support it.
  Maryland's First Congressional District, my district, is a district 
defined by the water that surrounds it. Healthy water in our district 
means commerce, recreation, and, most importantly, jobs.
  A harmful algal bloom is a rapid overproduction of certain species of 
algae that produce toxins which are detrimental to plants and animals. 
These outbreaks are commonly referred to, as you have heard, as red or 
brown tides and have the potential to kill fish and other aquatic life 
by decreasing sunlight available to the water and by using up available 
oxygen in the water.
  In recent years, many of the Nation's coastlines, near-shore marine 
waters and freshwaters have experienced an increase in the number, 
frequency, duration, and types of HABs. If we continue to allow this 
problem to persist, bodies of water like the Chesapeake Bay in my 
district will see a detrimental decline in water quality which will 
affect the thousands of species that call the bay home.
  More importantly, perhaps, the thousands of men and women who rely on 
the bay to pay their bills will be put out of work. Watermen, 
commercial fishermen, charter boat captains, and any number of similar 
professions have been part of the Eastern Shore culture for decades. If 
gone unchecked, these professions will become less and less prominent, 
and an entire segment of our local economy will be hurt.
  H.R. 3650 is a good bill that takes important steps in the fight 
against red tides and other harmful algae by creating a coordinated 
national strategy to deal with HABs while at the same time allowing for 
flexibility so that different regions can best address their unique 
concerns.
  I am also pleased, again, as was mentioned, that funding will 
actually be directed to control and prevention of this problem in 
addition to, simply, research. This will no doubt limit the severity 
and frequency of this dangerous environmental concern.
  Madam Speaker, I once again urge my colleagues to support this 
measure.
  Mr. HALL of Texas. I reserve the balance of my time.
  Mr. BAIRD. I want to thank the gentleman from Maryland. He has been a 
tireless champion of this. The watermen in his district and the others 
who depend on this great natural resource owe him, I am certain, a 
great debt of gratitude.
  I yield such time as she may consume to the gentlelady from Florida 
(Ms. Castor), who has also been a tireless champion of clean water and 
of this issue.
  Ms. CASTOR of Florida. Madam Speaker, I would like to thank Mr. Baird 
from Washington for his leadership. He has been a real champion on 
behalf of clean water and clean beaches. I would also like to express 
my gratitude to the Science and Technology Committee for their terrific 
work on what I call the ``red tide bill.''
  This is a jobs bill because, let me tell you, coming from the great 
State of Florida, the Sunshine State, we depend on folks from all 
across the country coming to vacation in Florida, to swim and to fish. 
There is nothing like a vacation in the warm waters of the Gulf of 
Mexico. And I see my friend and colleague here who represents the 
Florida Keys. There is nothing like a vacation there where you can 
spend time unwinding on our beautiful beaches.
  But there is a real threat to our tourism economy and jobs in the 
State of Florida, like there is in other parts of the country, and it's 
these very harmful algal blooms that cause red tide. In a State that 
employs over 1 million Floridians and where tourism has a $65 billion 
impact on our State's economy, when the red tide rolls in, it's a 
serious threat, because what the red tide does is it causes you 
difficulty breathing. It burns your eyes. Dead fish will roll up on the 
beaches. It's really bad news.
  The problem is we don't know what causes it, and that's why this bill 
is so important. And it's tied to jobs because, if we can do a little 
bit of research and determine what the causes are, we will be able to 
protect our tourism economy and make sure that we have clean and 
healthy beaches for folks who need that vacation.

                              {time}  1500

  By some estimates, red tide outbreaks cost coastal communities $82 
million a year. We have got to find out what is happening here. I also 
want to recognize my colleague and good friend Congressman Connie Mack, 
who represents some of the most beautiful beaches in the country down 
in Naples and Sanibel Island. Two years ago we were able to authorize 
$90 million for a 3-year period for peer-reviewed science research on 
red tide.
  But today's legislation builds on that bipartisan effort. And 
Representative Baird's bill, which I cosponsored, creates a new 
initiative on red tide, and will dedicate some monies to over 5 years 
of finding a solution that will give our Federal and State agencies a 
real leg up.
  Like I said, red tide is a significant threat to jobs, our tourism 
economy, our health, and our environment. So I am pleased to urge that 
we all join together to protect our coastal resources and the tourism-
related jobs that come with having healthy beaches by learning more 
about harmful algal blooms and adopting H.R. 3650.
  Mr. HALL of Texas. Madam Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  Mr. BAIRD. Madam Speaker, I want to commend Ms. Castor for her 
comments, and join her in acknowledgement of the incredible leadership 
of Connie Mack from Florida. We talk about the costs of this 
legislation. Consider the costs to Florida's economy, to the Gulf 
economy if a red tide comes in at the height of tourist season. You 
can't swim in this; it's toxic. You can't fish in it, you can't collect 
shellfish. The fishing industry out in the coast when a hypoxic zone 
comes in, it kills hundreds of thousands of fish overnight. Shore birds 
are affected. And on and on the list goes.
  As Ms. Castor pointed out and as Mr. Mack has pointed out in our 
discussions, making sure that we understand what causes this and 
finding ways to remediate it and prevent it is not only in the 
interests of human health, it is in the interests of our economy as 
well.
  I am particularly pleased also that the Puget Sound area, which is 
near and dear to my heart and near to my home, has received 
recognition. We have got a serious problem off the coast in terms of 
red tide. But within the Puget Sound region, particularly Hood Canal, 
there is a growing annual development of a dead zone. And these things 
seem to be developing earlier, lasting longer, and growing in size. 
This bill will help us understand why.
  The bill has support from a broad group of stakeholders, including 
Ocean Champions and the PURRE Water Coalition. And again, I am pleased 
that it has been a bipartisan effort. Dr. Ehlers, as I mentioned 
earlier, has been instrumental for many years on this. And of course 
Connie Mack has been as well. I thank the gentlemen for their input. 
Mr. Hall has offered some constructive suggestions. And of course as we 
move this forward and work with the Senate, we will try to make sure

[[Page H1187]]

we incorporate as many of those as we can. Finally, I would also like 
to recognize the staff who worked so diligently on this bill: Shimere 
Williams and Katrina Lassiter on the majority side, and Tara Rothschild 
on the minority side.
  Ongoing research, development, and implementation of an action 
strategy are key components to addressing this environmental challenge, 
and H.R. 3650 helps move us forward in each of these areas. I urge my 
colleagues to support H.R. 3650.
  One last thing I will say. Understanding the impact of harmful algal 
blooms in freshwater is absolutely critical. If a major metropolitan 
area develops a toxic algal bloom, as I mentioned earlier, it will be 
extraordinarily difficult to remove the toxins from the waterway. It 
has happened in some smaller communities. It is extremely costly, and 
can present an urgent and immediate and hugely expensive health crisis. 
We need to understand how to prevent this, and we need to understand 
how to treat it. This legislation will help us do that both in the 
saltwater and in the freshwater environment. I urge its passage, and 
thank my colleagues.
  Mr. MACK. Madam Speaker, I rise today to express my strong support 
for H.R. 3650, the Harmful Algal Blooms and Hypoxia Research and 
Control Amendments Act. I would like to thank Congressman Baird who 
took the lead this Congress, along with Congresswoman Kathy Castor and 
Congressman Allen Boyd, for their work on this important issue. Passing 
this important piece of legislation is the first step in increasing 
research for harmful algal blooms while ensuring that scientists and 
experts in the field, and not politicians, determine where research 
money is spent.
  Last Congress, I introduced the Save Our Shores Act to increase our 
commitment to researching harmful algal blooms. Since then, my 
colleagues and I have worked together to tackle red tide and other 
harmful algal blooms. The committee has crafted new language to improve 
the legislation by including freshwater harmful algal blooms and 
instituting regional action plans.
  These are important efforts and it is time we recognize that although 
harmful algal blooms affect our entire Nation, they are different 
throughout the country. I represent the coastal areas of southwest 
Florida. If you haven't been there, it's a beautiful part of the 
country, with miles and miles of white sandy beaches. For southwest 
Florida, like many communities, a healthy environment and a healthy 
economy go hand-in-hand. As a kid growing up in Cape Coral red tide 
blooms were short-lived nuisances that lasted just a few days. Today, 
however, these blooms continue for months at a time, and they have 
long-lasting implications that threaten the environment, people's 
health, and our overall quality of life. It is imperative that we do 
more to understand and combat this problem.
  These blooms cause dangerous respiratory distress and burning eyes, 
as well as the potential for severe food poisoning from contaminated 
shellfish. Harmful algal blooms not only affect our personal health, 
they also affect the health of our economy. Red tide and other toxic 
blooms cost approximately $80 million annually to communities across 
the United States of America. From New England to the Great Lakes, from 
California to South Carolina, these toxic blooms affect us all.
  Madam Speaker, by passing this legislation today, the House of 
Representatives is giving this important issue the attention it 
deserves. I salute Congressman Baird and all the other Members who 
cosponsored this legislation for bringing this matter to the forefront 
and making this research a priority. I urge all of my colleagues to 
support this vital legislation.
  Mr. OBERSTAR. Madam Speaker, I rise in support of H.R. 3650, the 
``Harmful Algal Blooms and Hypoxia Research and Control Amendments Act 
of 2010''.
  This legislation, which is an amendment to the Harmful Algal Bloom 
and Hypoxia Research and Control Act of 1998, provides additional focus 
on Federal efforts to understand, detect, predict, control, mitigate, 
and respond to both marine and freshwater harmful algal blooms and 
hypoxia events.
  I applaud the work of the principal sponsors of this legislation, my 
colleagues on the Committee on Transportation and Infrastructure, the 
gentleman from Washington, Mr. Baird, and the gentleman from Michigan, 
Mr. Ehlers, and their bipartisan efforts to improve the overall 
understanding and control of harmful algal blooms and hypoxic 
conditions.
  Over the past two Congresses, the Subcommittee on Water Resources and 
Environment of the Committee on Transportation and Infrastructure has 
held numerous hearings on the impact of excessive nutrients on water 
quality--most notably in connection with nonpoint sources of pollution, 
coastal water quality protection, under the BEACH Act, and in the Great 
Lakes.
  These hearings highlighted the strong scientific evidence that 
excessive discharges of nitrogen and phosphorous can result in the 
growth of harmful algal blooms and hypoxic, low-oxygen, conditions in 
receiving waters. According to testimony from the Environmental 
Protection Agency, EPA, the most significant sources of nutrients come 
from agricultural runoff, as well as commercial or residential 
fertilizers, animal waste, sewage treatment plants, and air deposition 
from utilities and vehicles. As is evident from the ongoing ``dead-
zone'' in the Gulf of Mexico and the emergence of a similar ``dead-
zone'' in Lake Erie, additional efforts are warranted to reduce the 
adverse impacts of excessive nutrients on national water quality.
  EPA has statutory authority under the Federal Water Pollution Control 
Act, more commonly known as the Clean Water Act, as well as other 
Federal authorities, to implement programs designed to provide 
protections for oceans, coastal waters, and freshwater lakes, rivers, 
and streams.
  Through the Clean Water Act's National Pollutant Discharge 
Elimination System, NPDES, permitting program under section 402, the 
establishment of water quality standards by individual States, and 
other Clean Water Act authorities, both EPA and the States have 
statutory tools available to target ongoing sources of nitrogen and 
phosphorous and to minimize the potential for harmful algal bloom 
outbreaks or the creation of hypoxic conditions in the Nation's waters. 
Unfortunately, there has been mixed success in equally addressing both 
point sources, e.g., publicly owned treatment works and urban 
stormwater, and nonpoint sources, e.g., runoff from urban lawns, 
construction sites, and agricultural areas.
  I believe that more needs to be done to meet the goals of the Clean 
Water Act ``to restore and protect the chemical, physical, and 
biological integrity of the Nation's waters.'' We should not be 
complacent with the fact that one-third of the Nation's assessed waters 
still do not meet ``fishable and swimmable'' standards--as called for 
almost 40 years ago in the 1972 Clean Water Act.
  I believe that the authorities contained in H.R. 3650 can complement 
ongoing efforts by the Environmental Protection Agency and other 
Federal partners, including the National Oceanic and Atmospheric 
Administration, NOAA, to address these remaining water quality 
challenges. However, this legislation should not be interpreted as 
allowing other Federal agencies to overtake or otherwise supplant 
ongoing efforts by EPA, including efforts pursuant to the Clean Water 
Act.
  I thank the Chairman of the Committee on Science, the gentleman from 
Tennessee, Mr. Gordon, and the Ranking Member of the Committee on 
Science, the gentleman from Texas, Mr. Hall, for their commitment to 
continue to work with the Committee on Transportation and 
Infrastructure to enhance the implementation of the Federal harmful 
algal bloom program.
  As this legislation goes to conference with the Other Body, I will 
continue to work with the chairman and ranking member to ensure that 
this legislation complements, not supplants, ongoing efforts by EPA to 
control harmful algal blooms and hypoxic conditions in the Nation's 
waters.
  Increased Federal attention and accountability to harmful algal bloom 
and hypoxic condition control efforts is important. This legislation 
provides an opportunity for increased coordination between various 
Federal agencies, States, and other stakeholders, while building on the 
strong foundation of Federal efforts to address harmful algal blooms 
and hypoxic conditions to date.
  I urge all of my colleagues to join me in supporting this 
legislation.
  Mrs. CAPPS. Madam Speaker, I rise today in support of H.R. 3650, the 
Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of 
2009. As a cosponsor of this bill I strongly support the development of 
a national strategy to address and respond to marine and freshwater 
harmful algal bloom and hypoxia events.
  Coastal regions across the country are reporting increases in the 
occurrence of devastating harmful algal blooms. It is believed that 
excess nutrients from upstream cause what are normally naturally 
occurring algae in our coastal waters to rapidly increase in number 
causing a bloom.
  These increased levels of algae have devastating environmental, 
economic, and human health impacts along our coastlines.
  Harmful algal blooms produce powerful toxins that kill fish, 
shellfish, mammals and birds. In 2007, a devastating harmful algal 
bloom along the California coastline--from San Luis Obispo to Los 
Angeles--resulted in hundreds of marine mammal and seabird deaths.
  Toxins from harmful algae also accumulate in shellfish causing 
commercial shellfish industries to close during blooms, which in turn 
leads to significant economic losses to fishing

[[Page H1188]]

families. Decreased tourism and recreation during a bloom event can 
also result in the loss of millions of dollars to local coastal 
economies. Even worse, if contaminated shellfish are consumed it could 
result in paralysis or even death. Increased cases of respiratory 
distress, especially among seniors and children, have been reported in 
areas affected by these blooms.
  Madam Speaker, I support the directive in H.R. 3650, which 
establishes a Federal task force that would develop regional action 
plans to address and respond to harmful algal bloom and hypoxia events 
around the country. Currently, hypoxic areas, or dead zones, have been 
recurring over large areas of the Pacific Northwest coastline for the 
last several years.
  H.R. 3650 is a critical first step for developing strategies to 
mitigate the impacts of harmful algal blooms on regional coastal water 
quality, marine mammals and harvestable shellfish.
  I urge my colleagues to support H.R. 3650 to protect human health and 
coastal economies.
  Mr. MOLLOHAN. Madam Speaker, I am pleased to support H.R. 3650, the 
Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of 
2009, which recognizes the growing problem of harmful algal blooms in 
coastal and freshwater environments.
  Unfortunately, I know all too well the need for this legislation. In 
September of 2009, a fish kill occurred in Dunkard Creek, a 38-mile 
creek on the border of West Virginia and Pennsylvania. According to 
news reports, this massive fish kill eliminated more than 160 species 
of fish, salamanders and endangered mussels from one of the most 
biologically-diverse streams in either State. The West Virginia 
Department of Environmental Protection determined that golden algae 
caused the kill, but much remains unknown. How did the algae arrive in 
West Virginia? What factors contributed to the bloom? How can blooms be 
contained from moving throughout the watershed? More information is 
needed to develop a thoughtful process to mitigate and control the 
growth and spread of harmful algae.
  Fortunately, the legislation under consideration today recognizes the 
increasing number of freshwater algal blooms, and establishes a 
partnership between NOAA and EPA to research, monitor and respond to 
those freshwater blooms. Ultimately, this legislation will put West 
Virginia in a better position to address existing blooms in the State 
and prevent further spread of golden algae.
  For West Virginia, this is an ecological and economic issue. Our 
rivers, creeks and watersheds are recreation destinations, modes of 
transportation, and are critical to local economies. I am pleased to 
support this measure, and look forward to its enactment.
  Mr. CONYERS. Madam Speaker, I rise in support of H.R. 3650, ``The 
Harmful Algal Blooms and Hypoxia Research and Control Amendment Act of 
2009.'' This bill requires the Under Secretary of Commerce for Oceans 
and Atmosphere to utilize the resources of the Inter Agency Task Force 
on Harmful Algal Blooms and Hypoxia Task Force to establish and 
maintain a National Harmful Algal Bloom and Hypoxia Program. This 
program will help to develop and promote a national strategy to address 
and respond to one of the major problems facing our marine and 
freshwater ecosystems: algae blooms.
  The need to address the ongoing harmful blooms and hypoxic events 
that increase daily, in our oceans, lakes, rivers and waterways, is 
long overdue. I applaud the fact that this bill allows for closer 
coordination between state and federal agencies through the use of 
innovative demonstration projects. Similarly, I also support provisions 
in this legislation that focus our efforts to educate our citizens 
about the causes and harmful environmental effects of pollution and 
algal blooms in our oceans, rivers, lakes, and waterways.
  Water is our most critical natural resource and this legislation will 
improve our Nation's ability to provide safe water to all. As we 
continue to experience climate change, the threat posed by algal blooms 
will be a continuing challenge. This legislation addresses this threat 
in a measured, scientific manner and will improve our ability to 
address this issue in the future. I encourage my colleagues to support 
the bill.
  Mr. BAIRD. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Washington (Mr. Baird) that the House suspend the rules 
and pass the bill, H.R. 3650, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BAIRD. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________