[Congressional Record Volume 160, Number 26 (Wednesday, February 12, 2014)]
[Senate]
[Pages S961-S963]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMENDING THE HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL
AMENDMENTS ACT OF 2013
Mr. REID. I ask unanimous consent that the Senate proceed to Calendar
No. 248.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1254) to amend the Harmful Algal Blooms and
Hypoxia Research and Control Act of 1998, and for other
purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. REID. I ask unanimous consent that the Nelson amendment which is
at the desk be agreed to; the bill, as amended, be read a third time
and passed; the motions to reconsider be considered made and laid upon
the table, with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2741) was agreed to, as follows:
On page 2, line 25, insert ``and Prevention'' after 2
``Centers for Disease Control''.
The bill (S. 1254), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:
S. 1254
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;
[[Page S962]]
``(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;
[[Page S963]]
``(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.''.
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