[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1254 Referred in House (RFH)]
113th CONGRESS
2d Session
S. 1254
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 18, 2014
Referred to the Committee on Science, Space, and Technology, and in
addition to the Committee on Natural Resources, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
AN ACT
To amend the Harmful Algal Blooms and Hypoxia Research and Control Act
of 1998, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harmful Algal Bloom and Hypoxia
Research and Control Amendments Act of 2013''.
SEC. 2. REFERENCES TO THE 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. INTER-AGENCY TASK FORCE ON HARMFUL ALGAL BLOOMS AND HYPOXIA.
Section 603(a) is amended--
(1) by striking ``the following representatives from'' and
inserting ``a representative from'';
(2) in paragraph (11), by striking ``and'';
(3) by redesignating paragraph (12) as paragraph (13);
(4) by inserting after paragraph (11) the following:
``(12) the Centers for Disease Control and Prevention;
and''; and
(5) in paragraph (13), as redesignated, by striking
``such''.
SEC. 4. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.
The Act is amended by inserting after section 603 the following:
``SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.
``(a) Establishment.--Not later than 1 year after the date of
enactment of the Harmful Algal Bloom and Hypoxia Research and Control
Amendments Act of 2013, the Under Secretary, acting through the Task
Force, shall establish and maintain a national harmful algal bloom and
hypoxia program, including--
``(1) a statement of objectives, including understanding,
detecting, predicting, controlling, mitigating, and responding
to marine and freshwater harmful algal bloom and hypoxia
events; and
``(2) the comprehensive research plan and action strategy
under section 603B.
``(b) Periodic Revision.--The Task Force shall periodically review
and revise the Program, as necessary.
``(c) Task Force Functions.--The Task Force shall--
``(1) coordinate interagency review of the objectives and
activities of the Program;
``(2) expedite the interagency review process by ensuring
timely review and dispersal of required reports and assessments
under this title;
``(3) support the implementation of the Action Strategy,
including the coordination and integration of 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;
``(4) support the development of institutional mechanisms
and financial instruments to further the objectives and
activities of the Program;
``(5) review the Program's distribution of Federal funding
to address the objectives and activities of the Program;
``(6) promote the development of new technologies for
predicting, monitoring, and mitigating harmful algal bloom and
hypoxia conditions; and
``(7) establish such interagency working groups as it
considers necessary.
``(d) Lead Federal Agency.--Except as provided in subsection (h),
the National Oceanic and Atmospheric Administration shall have primary
responsibility for administering the Program.
``(e) Program Duties.--In administering the Program, the Under
Secretary shall--
``(1) promote the Program;
``(2) prepare work and spending plans for implementing the
research and activities identified under the Action Strategy;
``(3) administer merit-based, competitive grant funding--
``(A) to maintain and enhance baseline monitoring
programs established by the Program;
``(B) to support the projects maintained and
established by the Program; and
``(C) to address the research and management needs
and priorities identified in the Action Strategy;
``(4) coordinate and work cooperatively with regional,
State, tribal, and local government agencies and programs that
address marine and freshwater harmful algal blooms and hypoxia;
``(5) coordinate with the Secretary of State to support
international efforts on marine and freshwater harmful algal
bloom and hypoxia information sharing, research, prediction,
mitigation, control, and response activities;
``(6) identify additional research, development, and
demonstration needs and priorities relating to monitoring,
prevention, control, mitigation, and response to marine and
freshwater harmful algal blooms and hypoxia, including methods
and technologies to protect the ecosystems affected by marine
and freshwater harmful algal blooms and hypoxia;
``(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) facilitate and provide resources to train State and
local coastal and water resource managers in the methods and
technologies for monitoring, preventing, controlling, and
mitigating marine and freshwater harmful algal blooms and
hypoxia;
``(9) support regional efforts to control and mitigate
outbreaks through--
``(A) communication of the contents of the Action
Strategy and maintenance of online data portals for
other information about harmful algal blooms and
hypoxia to State, tribal, and local stakeholders; and
``(B) overseeing the development, review, and
periodic updating of the Action Strategy;
``(10) convene at least 1 meeting of the Task Force each
year; and
``(11) perform such other tasks as may be delegated by the
Task Force.
``(f) National Oceanic and Atmospheric Administration Activities.--
The Under Secretary shall--
``(1) maintain and enhance the existing competitive
programs at the National Oceanic and Atmospheric Administration
relating to harmful algal blooms and hypoxia;
``(2) carry out marine and Great Lakes harmful algal bloom
and hypoxia events response activities;
``(3) establish new programs and infrastructure, as
necessary, to develop and enhance critical observations,
monitoring, modeling, data management, information
dissemination, and operational forecasts relevant to harmful
algal blooms and hypoxia events;
``(4) enhance communication and coordination among Federal
agencies carrying out marine and freshwater harmful algal bloom
and hypoxia activities and research;
``(5) to the greatest extent practicable, leverage existing
resources and expertise available from local research
universities and institutions; and
``(6) increase the availability to appropriate public and
private entities of--
``(A) analytical facilities and technologies;
``(B) operational forecasts; and
``(C) reference and research materials.
``(g) Cooperative Efforts.--The Under Secretary shall work
cooperatively and avoid duplication of effort with other offices,
centers, and programs within the National Oceanic and Atmospheric
Administration, other agencies on the Task Force, and States, tribes,
and nongovernmental organizations concerned with marine and freshwater
issues to coordinate harmful algal bloom and hypoxia (and related)
activities and research.
``(h) Freshwater.--With respect to the freshwater aspects of the
Program, the Administrator, through the Task Force, shall carry out the
duties otherwise assigned to the Under Secretary under this section,
except the activities described in subsection (f).
``(1) Participation.--The Administrator's participation
under this section shall include--
``(A) research on the ecology and impacts of
freshwater harmful algal blooms; and
``(B) forecasting and monitoring of and event
response to freshwater harmful algal blooms in lakes,
rivers, estuaries (including their tributaries), and
reservoirs.
``(2) Nonduplication.--The Administrator shall ensure that
activities carried out under this title focus on new approaches
to addressing freshwater harmful algal blooms and are not
duplicative of existing research and development programs
authorized by this title or any other law.
``(i) Integrated Coastal and Ocean Observation System.--The
collection of monitoring and observation data under this title shall
comply with all data standards and protocols developed pursuant to the
Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C.
3601 et seq.). Such data shall be made available through the system
established under that Act.''.
SEC. 5. COMPREHENSIVE RESEARCH PLAN AND ACTION STRATEGY.
The Act, as amended by section 4 of this Act, is further amended by
inserting after section 603A the following:
``SEC. 603B. COMPREHENSIVE RESEARCH PLAN AND ACTION STRATEGY.
``(a) In General.--Not later than 1 year after the date of
enactment of the Harmful Algal Bloom and Hypoxia Research and Control
Amendments Act of 2013, the Under Secretary, through the Task Force,
shall develop and submit to Congress a comprehensive research plan and
action strategy to address marine and freshwater harmful algal blooms
and hypoxia. The Action Strategy shall identify--
``(1) the specific activities to be carried out by the
Program and the timeline for carrying out those activities;
``(2) the roles and responsibilities of each Federal agency
in the Task Force in carrying out the activities under
paragraph (1); and
``(3) the appropriate regions and subregions requiring
specific research and activities to address local, State, and
regional harmful algal blooms and hypoxia.
``(b) Regional Focus.--The regional and subregional parts of the
Action Strategy 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 detect, predict, monitor,
control, mitigate, respond to, and remediate harmful algal
blooms and hypoxia;
``(3) ways to reduce the duration and intensity of harmful
algal blooms and hypoxia, including deployment of response
technologies in a timely manner;
``(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 ecosystems that may be
or have been affected by harmful algal bloom and hypoxia
events;
``(6) mechanisms by which data, information, and products
may be transferred between the Program and the State, tribal,
and local governments and research entities;
``(7) communication and information dissemination methods
that State, tribal, and local governments may undertake to
educate and inform the public concerning harmful algal blooms
and hypoxia; and
``(8) roles that Federal agencies may have to assist in the
implementation of the Action Strategy, including efforts to
support local and regional scientific assessments under section
603(e).
``(c) Utilizing Available Studies and Information.--In developing
the Action Strategy, the Under Secretary shall utilize existing
research, assessments, reports, and program activities, including--
``(1) those carried out under existing law; and
``(2) other relevant peer-reviewed and published sources.
``(d) Development of the Action Strategy.--In developing the Action
Strategy, the Under Secretary shall, as appropriate--
``(1) coordinate with--
``(A) State coastal management and planning
officials;
``(B) tribal resource management officials; and
``(C) 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
``(2) 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.
``(e) Federal Register.--The Under Secretary shall publish the
Action Strategy in the Federal Register.
``(f) Periodic Revision.--The Under Secretary, in coordination and
consultation with the individuals and entities under subsection (d),
shall periodically review and revise the Action Strategy prepared under
this section, as necessary.''.
SEC. 6. REPORTING.
Section 603 is amended by adding at the end the following:
``(j) Report.--Not later than 2 years after the date the Action
Strategy is submitted under section 603B, the Under Secretary shall
submit a report to Congress that describes--
``(1) the proceedings of the annual Task Force meetings;
``(2) the activities carried out under the Program,
including the regional and subregional parts of the Action
Strategy;
``(3) the budget related to the activities under paragraph
(2);
``(4) the progress made on implementing the Action
Strategy; and
``(5) any need to revise or terminate research and
activities under the Program.''.
SEC. 7. NORTHERN GULF OF MEXICO HYPOXIA.
Section 604 is amended to read as follows:
``SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.
``(a) Initial Progress Reports.--Beginning not later than 12 months
after the date of enactment of the Harmful Algal Bloom and Hypoxia
Research and Control Amendments Act of 2013, and biennially thereafter,
the Administrator, through the Mississippi River/Gulf of Mexico
Watershed Nutrient Task Force, shall submit a progress report to the
appropriate congressional committees and the President that describes
the progress made by activities directed by the Mississippi River/Gulf
of Mexico Watershed Nutrient Task Force and carried out or funded by
the Environmental Protection Agency and other State and Federal
partners toward attainment of the goals of the Gulf Hypoxia Action Plan
2008.
``(b) Contents.--Each report required under this section shall--
``(1) assess the 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;
``(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. 8. GREAT LAKES HYPOXIA AND HARMFUL ALGAL BLOOMS.
Section 605 is amended to read as follows:
``SEC. 605. GREAT LAKES HYPOXIA AND HARMFUL ALGAL BLOOMS.
``(a) Integrated Assessment.--Not later than 18 months after the
date of enactment of the Harmful Algal Bloom and Hypoxia Research and
Control Amendments Act of 2013, the Task Force, in accordance with the
authority under section 603, shall complete and submit to the Congress
and the President an integrated assessment that examines the causes,
consequences, and approaches to reduce hypoxia and harmful algal blooms
in the Great Lakes, including the status of and gaps within current
research, monitoring, management, prevention, response, and control
activities by--
``(1) Federal agencies;
``(2) State agencies;
``(3) regional research consortia;
``(4) academia;
``(5) private industry; and
``(6) nongovernmental organizations.
``(b) Plan.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Harmful Algal Bloom and Hypoxia Research and
Control Amendments Act of 2013, the Task Force shall develop
and submit to the Congress a plan, based on the integrated
assessment under subsection (a), for reducing, mitigating, and
controlling hypoxia and harmful algal blooms in the Great
Lakes.
``(2) Contents.--The plan shall--
``(A) address the monitoring needs identified in
the integrated assessment under subsection (a);
``(B) develop a timeline and budgetary requirements
for deployment of future assets;
``(C) identify requirements for the development and
verification of Great Lakes hypoxia and harmful algal
bloom models, including--
``(i) all assumptions built into the
models; and
``(ii) data quality methods used to ensure
the best available data are utilized; and
``(D) describe efforts to improve the assessment of
the impacts of hypoxia and harmful algal blooms by--
``(i) characterizing current and past
biological conditions in ecosystems affected by
hypoxia and harmful algal blooms; and
``(ii) quantifying effects, including
economic effects, at the population and
community levels.
``(3) Requirements.--In developing the plan, the Task Force
shall--
``(A) consult with State and local governments and
representatives from academic, agricultural, industry,
and other stakeholder groups;
``(B) consult with relevant Canadian agencies;
``(C) ensure that the plan complements and does not
duplicate activities conducted by other Federal or
State agencies;
``(D) identify critical research for reducing,
mitigating, and controlling hypoxia events and their
effects;
``(E) evaluate cost-effective, incentive-based
partnership approaches;
``(F) utilize existing research, assessments,
reports, and program activities;
``(G) publish a summary of the proposed plan in the
Federal Register at least 180 days prior to submitting
the completed plan to Congress; and
``(H) after submitting the completed plan to
Congress, provide biennial progress reports on the
activities toward achieving the objectives of the
plan.''.
SEC. 9. APPLICATION WITH OTHER LAWS.
The Act is amended by adding after section 606 the following:
``SEC. 607. EFFECT ON OTHER FEDERAL AUTHORITY.
``Nothing in this title supersedes or limits the authority of any
agency to carry out its responsibilities and missions under other
laws.''.
SEC. 10. DEFINITIONS; CONFORMING AMENDMENT.
(a) In General.--The Act, as amended by section 9 of this Act, is
further amended by adding after section 607 the following:
``SEC. 608. DEFINITIONS.
``In this title:
``(1) Action strategy.--The term `Action Strategy' means
the comprehensive research plan and action strategy established
under section 603B.
``(2) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(3) Harmful algal bloom.--The term `harmful algal bloom'
means marine and freshwater phytoplankton that proliferate to
high concentrations, resulting in nuisance conditions or
harmful impacts on marine and aquatic ecosystems, coastal
communities, and human health through the production of toxic
compounds or other biological, chemical, and physical impacts
of the algae outbreak.
``(4) Hypoxia.--The term `hypoxia' means a condition where
low dissolved oxygen in aquatic systems causes stress or death
to resident organisms.
``(5) Program.--The term `Program' means the national
harmful algal bloom and hypoxia program established under
section 603A.
``(6) 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.
``(7) Task force.--The term `Task Force' means the Inter-
Agency Task Force on Harmful Algal Blooms and Hypoxia under
section 603(a).
``(8) Under secretary.--The term `Under Secretary' means
the Under Secretary of Commerce for Oceans and Atmosphere.
``(9) United states coastal waters.--The term `United
States coastal waters' includes the Great Lakes.''.
(b) Conforming Amendment.--Section 603(a) is amended by striking
``(hereinafter referred to as the `Task Force')''.
SEC. 11. INTERAGENCY FINANCING.
The Act, as amended by section 10 of this Act, is further amended
by adding after section 608 the following:
``SEC. 609. INTERAGENCY FINANCING.
``The departments and agencies represented on the Task Force may
participate in interagency financing and share, transfer, receive,
obligate, and expend funds appropriated to any member of the Task Force
for the purposes of carrying out any administrative or programmatic
project or activity under this title, including support for the
Program, a common infrastructure, information sharing, and system
integration for harmful algal bloom and hypoxia research, monitoring,
forecasting, prevention, and control. Funds may be transferred among
the departments and agencies through an appropriate instrument that
specifies the goods, services, or space being acquired from another
Task Force member and the costs of the goods, services, and space. The
amount of funds transferrable under this section for any fiscal year
may not exceed 5 percent of the account from which the transfer was
made.''.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
The Act, as amended by section 11 of this Act, is further amended
by adding after section 609 the following:
``SEC. 610. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to the
Under Secretary to carry out sections 603A and 603B $20,500,000 for
each of fiscal years 2014 through 2018.
``(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. For each fiscal year, the Under
Secretary shall publish a list of all grant recipients and the amounts
for all of the funds allocated for research purposes, specifying those
allocated for extramural research activities.''.
Passed the Senate February 12, 2014.
Attest:
NANCY ERICKSON,
Secretary.