[Congressional Record (Bound Edition), Volume 160 (2014), Part 2]
[Senate]
[Pages 2941-2944]
[From the U.S. 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

[[Page 2942]]

     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,

[[Page 2943]]

     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

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     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.''.

                          ____________________