[Senate Report 105-132]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 248
105th Congress                                                   Report
                                 SENATE

 1st Session                                                    105-132
_______________________________________________________________________


 
                    PFIESTERIA RESEARCH ACT OF 1997

                                _______
                                

                November 4, 1997.--Ordered to be printed

_______________________________________________________________________


    Mr. Chafee, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1219]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 1219), a bill to require the 
establishment of a research and grant program for the 
eradication or control of Pfiesteria piscicida and other 
aquatic toxins, and for other purposes, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill do pass.

                               background

    Pfiesteria piscicida is a naturally occurring water-borne 
microbe that has been linked to serious health and 
environmental effects. Pfiesteria is one of 4,000 species of 
phytoplankton, organisms that convert the sun's energy into 
food. It is a relative of the single-celled organisms that 
cause red tides. Pfiesteria can assume more than 24 different 
life forms, from a cyst that settles into river sediments, to a 
plant, to a fierce predator that injects poison into its prey.
    The first Pfiesteria outbreak occurred in North Carolina 
estuaries during the late 1980s. The most recent outbreak of 
Pfiesteria has occurred in the tributaries leading into the 
Chesapeake Bay region. Since late July 1997, thousands of fish 
have died in tributaries of the Chesapeake Bay.
    There also is great concern over the potential effects of 
the microbe on human health. Medical researchers have linked 
the toxin to memory loss and other neurological problems in 
persons exposed to Pfiesteria-afflicted waters. Other problems, 
such as severe skin rashes, also have been linked to 
Pfiesteria.
    Pfiesteria has been around for thousands of years, but 
conditions recently have caused it to emerge in its predatory 
form. The cause of Pfiesteria outbreaks remains uncertain. Many 
researchers have linked the parasite to excessive levels of 
nutrients, such as nitrogen and phosphorous, in water.

                         congressional activity

    On September 25, 1997, Senator Faircloth introduced S. 
1219, the Pfiesteria Research Act of 1997. The cosponsors of 
the legislation include Senators Mikulski, Sarbanes, Warner, 
Robb, and Shelby. On October 29, the committee met to consider 
S. 1219, which was ordered reported by voice vote. During the 
business meeting, the committee adopted an amendment offered by 
Senator Chafee.

                           summary of s. 1219

    As amended and approved by the Committee on Environment and 
Public Works, the bill authorizes the Environmental Protection 
Agency (EPA), the National Marine Fisheries Service, the 
National Institute of Environmental Health Services, the 
Centers for Disease Control, and the Department of Agriculture 
to establish a research program for the eradication or control 
of Pfiesteria. S. 1219 directs these Federal agencies to make 
grants to universities and other entities in affected States 
for the eradication and control of Pfiesteria.

                      section-by-section analysis

Section 1. Short title

    Section 1 designates the bill as the ``Pfiesteria Research 
Act of 1997''.

Section 2. Pfiesteria and other aquatic toxins research and grant 
        program

    Section 2 authorizes EPA and other Federal agencies to 
establish a Pfiesteria research program and to make grants to 
colleges and universities for Pfiesteria research.
    Subsection (a)(1) authorizes the EPA, the National Marine 
Fisheries Service, the National Institute of Environmental 
Health Sciences, the Centers for Disease Control and 
Prevention, and the Department of Agriculture to establish a 
research program for the eradication or control of Pfiesteria 
and other aquatic toxins.
    Subsection (a)(2) directs the aforementioned agencies to 
make grants to colleges and other entities in affected States 
for the elimination or control of Pfiesteria.
    Subsection (b) authorizes $5,000,000 for each of fiscal 
years 1998 and 1999 for the Pfiesteria research program and for 
making grants to colleges, universities and other entities.

                           regulatory impact

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes the following 
evaluation of the regulatory impact of the reported bill. The 
reported bill will have no regulatory impact. This bill will 
not have any effect on the personal privacy of individuals.

                          mandates assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee makes the following 
evaluation of the Federal mandates contained in the reported 
bill.
    S. 1219 imposes no Federal intergovernmental unfunded 
mandates on State, local, or tribal governments. All of its 
governmental directives are imposed on Federal agencies.
    The bill does not directly impose any Federal mandates on 
the private sector.

                                hearings

    No hearings were held on the bill.

                             rollcall votes

    Section 7(b) of rule XXVI of the Standing Rules of the 
Senate and the rules of the Committee on Environment and Public 
Works require that any rollcall votes taken during 
consideration of legislation be noted in the report on that 
legislation.
    During the consideration of S. 1219 at the full committee 
business meeting on October 29, 1997, the bill was ordered 
reported with an amendment. No rollcall votes occurred during 
the committee's consideration of S. 1219.

                          cost of legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 31, 1997.
Hon. John H. Chafee,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the cost estimate for S. 1219, the Pfiesteria Research 
Act of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Gary Brown 
and Kim Cawley.
            Sincerely,
                                            June O'Neill, Director.

               congressional budget office cost estimate

    Summary: S. 1219 would authorize appropriations totalling 
$5 million for each of fiscal years 1998 and 1999 to a number 
of federal agencies to establish a research program for the 
eradication or control of Pfiesteria piscicida and other 
aquatic toxins, and to make grants to colleges, universities, 
and other entities in affected states for this purpose. 
Pfiesteria piscidida is a single-celled marine organism that 
has been implicated as a cause of fish kills.
    CBO estimates that implementing S. 1219 would result in 
discretionary spending of $10 million over the 1998-2000 
period, assuming appropriation of the authorized amounts. To 
date, $3 million has been appropriated for 1998. S. 1219 would 
not affect direct spending or receipts; therefore, pay-as-you-
go procedures would not apply. S. 1219 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would not impose any 
costs on state, local, or tribal governments.
    Estimated cost to the Federal Government: For the purposes 
of this estimate, CBO assumes that all amounts authorized in S. 
1219 would be appropriated and that outlays would follow the 
historical spending patterns of similar programs. The estimated 
budgetary impact of S. 1219 is shown in the following table. 
The costs of this legislation fall within budget functions 300 
(natural resources and environment), 350 (agriculture), and 550 
(health).

                                    [By Fiscal Year, in Millions of Dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                                  1998      1999      2000      2001      2002  
----------------------------------------------------------------------------------------------------------------
ESA spending under current law:                                                                                 
    Budget authority \1\......................................         3         0         0         0         0
    Estimated outlays.........................................         1         1         1         0         0
Proposed changes:                                                                                               
    Authorization level \1\...................................         2         5         0         0         0
    Estimated outlays.........................................         1         3         3         0         0
ESA spending under S. 1219:                                                                                     
    Authorization level \1\...................................         2         5         0         0         0
    Estimated outlays.........................................         2         4         4         0         0
----------------------------------------------------------------------------------------------------------------
\1\ The 1998 level is the amount appropriated for that year. (No funds were appropriated for Pfiesteria research
  in 1997.)                                                                                                     

    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: S. 1219 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not impose any costs on State, local, 
or tribal governments. Public colleges and universities in 
states affected by aquatic toxins would be eligible for 
research grants from funds authorized by the bill.
    Estimate prepared by: Gary Brown and Kim Cawley.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                        changes in existing law

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires publication of any changes in existing law made by the 
reported bill. This bill does not change existing law.

                                
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