[Senate Report 115-145]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 205
115th Congress      }                                   {       Report
                                 SENATE
 1st Session        }                                   {      115-145
_______________________________________________________________________

                                     


HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS ACT OF 
                                  2017

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1057

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                 August 3, 2017.--Ordered to be printed
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred fifteenth congress
                             first session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota
 DEB FISCHER, Nebraska                RICHARD BLUMENTHAL, Connecticut
 JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
 DAN SULLIVAN, Alaska                 EDWARD J. MARKEY, Massachusetts
 DEAN HELLER, Nevada                  CORY A. BOOKER, New Jersey
 JAMES M. INHOFE, Oklahoma            TOM UDALL, New Mexico
 MIKE LEE, Utah                       GARY C. PETERS, Michigan
 RON JOHNSON, Wisconsin               TAMMY BALDWIN, Wisconsin
 SHELLEY MOORE CAPITO, West           TAMMY DUCKWORTH, Illinois
    Virginia
 CORY GARDNER, Colorado               MARGARET WOOD HASSAN,
 TODD C. YOUNG, Indiana                New Hampshire
                                      CATHERINE CORTEZ MASTO, Nevada
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director























                                                      Calendar No. 205
115th Congress      }                                   {       Report
                                 SENATE
 1st Session        }                                   {      115-145

======================================================================



 
HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS ACT OF 
                                  2017

                                _______
                                

                 August 3, 2017.--Ordered to be printed

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1057]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1057) to amend the Harmful 
Algal Bloom and Hypoxia Research and Control Act of 1998 to 
address harmful algal blooms, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill (as amended) do pass.

                          Background and Needs

    S. 1057 would reauthorize the Harmful Algal Bloom and 
Hypoxia Research and Control Act of 1998 (HABHRCA)\1\, which 
was last reauthorized in 2014, from fiscal year (FY) 2018 
through FY 2022. Congress passed the HABHRCA in 1998 to address 
more frequent harmful algal blooms (HABs) and hypoxic events 
(severe oxygen depletion). These events cause significant 
economic harm to affected communities and can create massive 
``dead zones'' that have deleterious consequences for local 
ecosystems and economies.
    This Act would build on previous authorizations by doing 
the following: requiring more collaboration between agencies; 
granting the Federal Government the authority to declare severe 
algal blooms or hypoxic events as events of national 
significance, triggering access to disaster-like funding; and 
allowing private donations to be used to fund recovery for 
events of national significance.

Harmful Algal Blooms

    HABs occur when environmental conditions promote the rapid 
growth of large numbers of single-celled algae in salt or fresh 
water. While not all algal blooms are harmful, a small 
percentage can produce toxins that negatively affect people, 
fish, shellfish, and other animals. These blooms often discolor 
the water and result in ``red tides'' or ``brown tides'' and 
may directly or indirectly cause illness in people. Ingestion 
of these toxins can cause gastric distress, liver damage, and 
lung paralysis, and can lead to hospitalization or death.\2\ 
Swimming in or breathing the air near HABs can cause eye, nose, 
and throat irritation, as well as shortness of breath.\3\
    In addition to producing toxins, HABs may clog or lacerate 
fish gills, decrease oxygen in the water (hypoxia), or block 
sunlight for aquatic plants.\4\ A National Oceanic and 
Atmospheric Administration (NOAA)-funded study by the Woods 
Hole Oceanographic Institute estimated that the annual economic 
impact of HABs in the United States is approximately 
$50,000,000, including a cost of $18,000,000 to commercial 
fishing industries, $7,000,000 for recreation and tourism 
effects, and $2,000,000 for monitoring and management.\5\

Hypoxia

    In aquatic systems, hypoxia refers to a situation where the 
concentration of dissolved oxygen is reduced to less than 2 to 
3 parts per million.\6\ Hypoxic areas, sometimes referred to as 
``dead zones,'' frequently occur in coastal and estuarine areas 
after the rapid growth of algae. When this explosive growth has 
consumed all of the available nutrients, the algae begins to 
die and decompose, aided by oxygen-consuming bacteria. As these 
bacteria consume most of the available oxygen, a dead zone 
develops. Animals that are able to swim away are less affected 
by these dead zones; however, slow-moving fauna, such as 
shellfish, are particularly susceptible to hypoxia and 
suffocate.\7\

Impacted Areas

    Almost every State in the United States experiences some 
kind of HAB event. Domoic acid from HABs frequently causes 
closures in the Dungeness crab and shellfish fisheries on the 
West Coast, and was particularly devastating in the 2015 and 
2016 seasons.\8\ Every spring, a large ``dead zone'' forms near 
the mouth of the Mississippi in the Gulf of Mexico from 
hypoxia, affecting the fishing and tourism economy.\9\ Long 
Island Sound waters, shared by New York, Connecticut, and Rhode 
Island, have frequent HAB events and fishery and shellfish 
fishery closures, as well as warnings to keep pets and people 
out of the water.\10\ Blooms in the Great Lakes and inland 
fresh water lakes are frequent as well.\11\ The Environmental 
Protection Agency (EPA) studied freshwater lakes with risk 
conditions for exposure to cyanotoxins, a result of HABs, and 
found that most States have at least one lake at risk.\12\
    A massive HAB in 2016 off the south coast of Florida 
demonstrated that, in addition to studying freshwater and 
marine HABs, Federal scientific assessments also should address 
blooms that begin in freshwater systems and migrate to coastal 
waters. In 2016, a toxic bloom began in Lake Okeechobee and 
spread to the Indian River Lagoon and the coastline, which 
caused severe environmental and economic damage.\13\ However, 
the HABHRCA currently only includes provisions for Federal 
agencies to assess freshwater blooms and marine blooms, not 
freshwater blooms that become marine blooms. This bill would 
specify that future specific assessments include HABs that 
begin in freshwater and spread to coastal waters.

Federal Efforts

    The HABHRCA was enacted as title VI of the Coast Guard 
Authorization Act of 1998.\14\ The HABHRCA aimed to facilitate 
the development of a comprehensive Federal response to the 
problems of HABs and hypoxia. The HABHRCA requires the 
establishment of the Inter-agency Task Force on Harmful Algal 
Blooms and Hypoxia (Inter-Agency Task Force) through the White 
House Office of Science and Technology Policy (OSTP), which is 
tasked with producing the following reports: an assessment of 
HABs; an assessment of hypoxia; and an assessment on hypoxia in 
the Northern Gulf of Mexico, which is required to be followed 
by a plan for addressing that problem. The HABHRCA authorized 
$25,500,000 in appropriations to the Secretary of Commerce for 
FY 1999 through FY 2001.
    The Harmful Algal Bloom and Hypoxia Amendments Act of 2004 
(2004 Amendments Act),\15\ requires the Inter-Agency Task Force 
to report to Congress on methods for prediction and for 
prevention, control, and mitigation of HABs,\16\ and to develop 
a National Scientific Research, Development, Demonstration, and 
Technology Transfer Plan on Reducing Impacts from HABs.\17\ The 
2004 Amendments Act also requires new assessments, including 
the following: regional-scale assessments of HABs and 
hypoxia;\18\ a scientific assessment of freshwater HABs;\19\ a 
scientific assessment of coastal HABs;\20\ and scientific 
assessments of hypoxia.\21\ The National Algal Bloom and 
Hypoxia Program (Program) was authorized at $19,000,000 
annually from FY 2005 through FY 2007.
    In 2014, the HABHRCA was reauthorized and expanded, giving 
NOAA the primary responsibility for administering the Program 
and adding the Centers for Disease Control and Prevention (CDC) 
to the Inter-Agency Task Force. At that time, the Task Force's 
functions also were expanded to include coordinating the 
interagency review process and promoting the development of new 
technologies for predicting, monitoring, and mitigating HABs 
and hypoxic conditions.\22\ The 2014 amendments to the HABHRCA 
authorized $20,500,000 in appropriations for FY 2014 through FY 
2017.
    As lead on the Program, NOAA's mandate is to advance the 
scientific understanding and ability to detect, monitor, 
assess, and predict HAB and hypoxia events. This is 
accomplished with funding for intramural and competitive 
research programs, observing systems, and forecasting models. 
NOAA and the EPA co-chair the Inter-Agency Task Force (with 
NOAA as lead for marine environments and the EPA as lead for 
freshwater), which is tasked with coordinating and convening 
Federal agencies and their stakeholders to develop action plans 
and assessments of HABs and hypoxia.\23\
    The Inter-Agency Task Force currently includes the 
Department of Commerce (who serves as the Chairperson of the 
Task Force), the EPA, the Department of Agriculture, the 
Department of the Interior, the Department of the Navy, the 
Department of Health and Human Services, the National Science 
Foundation, the National Aeronautics and Space Administration, 
the Food and Drug Administration, OSTP, the Council on 
Environmental Quality, the CDC, and such other Federal agencies 
as the President considers appropriate.\24\

---------------------------------------------------------------------------
    \1\33 U.S.C. Sec. 4001 et seq.
    \2\International Joint Commission Health Professionals Advisory 
Board, ``Human Health Effects from Harmful Algal Blooms: a Synthesis,'' 
November 22, 2013, at http://www.ijc.org/files/publications/Attachment 
2 Human Health Effects from Harmful Algal Blooms.pdf.
    \3\National Ocean Service (NOS), ``What is a red tide?,'' March 02, 
2017, at http://oceanservice.noaa.gov/facts/redtide.html.
    \4\NOS, ``Harmful Algal Blooms,'' February 23, 2017, at http://
oceanservice.noaa.gov/hazards/hab.
    \5\Woods Hole Oceanographic Institute, Harmful Algae , July 11, 
2016, at http://www.whoi.edu/redtide/page.do?pid=1531.
    \6\Mississippi River Gulf of Mexico Watershed Nutrient Task Force, 
``Hypoxia 101,'' at http://water.epa.gov/type/watersheds/named/msbasin/
hypoxia101.cfm.
    \7\NOS, ``What is a dead zone?,'' September 03, 2014, at http://
oceanservice.noaa.gov/facts/deadzone.html.
    \8\NOS, ``West Coast Harmful Algal Bloom,'' May 2, 2016, at http://
oceanservice.noaa.gov/news/sep15/westcoast-habs.html.
    \9\National Centers for Coastal Ocean Science, ``Price of Shrimp 
Impacted by Gulf of Mexico 'Dead Zone,''' January 30, 2017, at https://
coastalscience.noaa.gov/news/coastal-pollution/price-of-shrimp-
affected-by-gulf-of-mexico-dead-zone.
    \10\New York Sea Grant, ``Harmful Algal Blooms: What's New,'' at 
http://seagrant.sunysb.edu/articles/t/harmful-algal-blooms-what-s-new.
    \11\Michigan Sea Grant, ``Harmful Algal Blooms in the Great 
Lakes,'' at http://www.miseagrant.umich.edu/explore/coastal-
communities/harmful-algal-blooms-in-the-great-lakes.
    \12\Environmental Protection Agency, ``Lakes Presenting Risk for 
Exposure to Harmful Algal Toxins,'' January 24, 2017, at https://
www.epa.gov/nutrient-policy-data/lakes-presenting-risk-exposure-
harmful-algal-toxins.
    \13\Kozacek, C. ``Toxic Algae Flourish as Everglades Solution 
Eludes Florida,'' WaterNews, at http://www.circleofblue.org/2016/north-
america/toxic-algae-flourish-everglades-solution-eludes-florida.
    \14\P.L. 105-383
    \15\P.L. 108-456
    \16\Jewett, E. B., C. B. Lopez, Q. Dortch, S. M. Etheridge, L. C. 
Backer, 2008, ``Harmful Algal Bloom Management and Response: Assessment 
and Plan,'' Inter-Agency Working Group on Harmful Algal Blooms, 
Hypoxia, and Human Health of the Joint Subcommittee on Ocean Science 
and Technology. Washington, D.C., at http://www.cop.noaa.gov/stressors/
extremeevents/hab/habhrca/HABMngmt_resp_9_08.pdf.
    \17\See also the workshop report: Dortch, Q., D. M. Anderson, D. L. 
Ayres, P. M. Glibert (eds.), ``Harmful Algal Bloom Research, 
Development, Demonstration, and Technology Transfer National Workshop 
Report,'' 2008, Woods Hole, Massachusetts, at http://www.whoi.edu/
fileserver.do?id=43464pt=10p=19132.
    \18\For example, Mississippi River Gulf of Mexico Watershed 
Nutrient Task Force, 2008, Gulf Hypoxia Action Plan, at http://
water.epa.gov/type/watersheds/named/msbasin/upload/
2008_8_28_msbasin_ghap2008_update082608.pdf.
    \19\Lopez, C. B., E. B. Jewett, Q. Dortch, B. T. Walton, H. K. 
Hudnell, ``Scientific Assessment of Freshwater Harmful Algal Blooms,'' 
2008, Inter-Agency Working Group on Harmful Algal Blooms, Hypoxia, and 
Human Health of the Joint Subcommittee on Ocean Science and Technology. 
Washington, D.C., at http://www.cop.noaa.gov/stressors/extremeevents/
hab/habhrca/FreshwaterReport_final_2008.pdf.
    \20\Lopez, C. B., Q. Dortch, E. B. Jewett, D. Garrison, 2008, 
``Scientific Assessment of Marine Harmful Algal Blooms,'' Inter-Agency 
Working Group on Harmful Algal Blooms, Hypoxia, and Human Health of the 
Joint Subcommittee on Ocean Science and Technology. Washington, D.C., 
at http://www.cop.noaa.gov/stressors/extremeevents/hab/habhrca/
assess_12-08.pdf.
    \21\Committee on Environment and Natural Resources, ``Scientific 
Assessment of Hypoxia in U.S. Coastal Waters,'' 2010, Inter-Agency 
Working Group on Harmful Algal Blooms, Hypoxia, and Human Health of the 
Joint Subcommittee on Ocean Science and Technology. Washington, D.C., 
at http://www.cop.noaa.gov/stressors/extremeevents/hab/habhrca/
hypoxiacoastalwaters.pdf.
    \22\P.L. 113-124
    \23\National Centers for Coastal and Ocean Science, ``Harmful Algal 
Bloom and Hypoxia Research and Control Act,'' May 11, 2017, at http://
oceanservice.noaa.gov/facts/redtide.html.
    \24\33 U.S.C. Sec. 4001
---------------------------------------------------------------------------

                         Summary of Provisions

    This Act would reauthorize the Program from FY 2018 through 
FY 2022. The bill also would do the following:
           Require more collaboration between agencies.
           Add the Army Corps of Engineers to the 
        Inter-Agency Task Force.
           Grant the Federal Government the authority 
        to declare severe algal blooms or hypoxic events as 
        events of national significance.
           Allow private donations to be used, along 
        with any Federal disaster-like funding, to fund 
        recovery for events of national significance.

                          Legislative History

    S. 1057 was introduced on May 4, 2017, by Senators Nelson, 
Peters, and Portman. There were a number of proposed bills in 
the 114th Congress that addressed HABs, but none would have 
reauthorized the Program. On May 18th, 2017, the Committee met 
in open Executive Session and, by voice vote, ordered S. 1057 
reported favorably with an amendment (in nature of a 
substitute).

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 1057--Harmful Algal Bloom and Hypoxia Research and Control 
        Amendments Act of 2017

    Summary: S. 1057 would reauthorize and modify the Harmful 
Algal Bloom and Hypoxia Research and Control Act of 1998. The 
bill would authorize the appropriation of $110 million over the 
2019-2023 period for the National Oceanic and Atmospheric 
Administration (NOAA) to mitigate the harmful effects of algal 
blooms and hypoxia (reduced oxygen level) in certain bodies of 
water.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing the legislation would cost $76 
million over the 2018-2022 period and $33 million after 2022. 
Enacting S. 1057 could affect direct spending; therefore, pay-
as-you-go procedures apply. However, CBO estimates that the net 
effect would be negligible. Enacting the bill would not affect 
revenues.
    CBO estimates that enacting S. 1057 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    S. 1057 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1057 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                          By fiscal year, in millions of dollars--
                                          ----------------------------------------------------------------------
                                             2017      2018      2019      2020      2021      2022    2017-2022
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Level......................         0         0        22        22        22        22         88
Estimated Outlays........................         0         0        14        19        21        22         76
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of fiscal year 2017 
and that the authorized amounts will be appropriated for each 
fiscal year. Estimated outlays are based on historical spending 
patterns for similar NOAA activities.
    S. 1057 would authorize the appropriation of $22 million 
each year from 2019 through 2023 for certain NOAA activities 
related to mitigating and responding to the harmful effects of 
algal blooms and hypoxia in coastal waters and the Great Lakes. 
Those activities include providing grants, conducting research, 
preparing reports, and overseeing an interagency task force. In 
2017, NOAA allocated $14 million for similar activities. CBO 
estimates that implementing the legislation would cost $76 
million over the 2018-2022 period and $33 million after 2022.
    Pay-As-You-Go considerations: S. 1057 would allow NOAA to 
collect and spend, without further appropriation, monetary 
gifts to assist states and localities affected by significant 
hypoxia or harmful algal bloom events. Such gifts would be 
recorded in the budget as reductions in direct spending. 
Because CBO expects that any gifts would be spent soon after 
they are received, we estimate that any net change in direct 
spending would be negligible.
    Intergovernmental and private-sector impact: S. 1057 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The bill would benefit state and local 
governments by authorizing federal financial assistance for 
those entities to respond to major algal blooms. Any costs 
incurred by those entities, including cost-sharing 
contributions, would result from voluntary commitments.
    Estimate prepared by: Federal costs: Janani Shankaran; 
Impact on state, local, and tribal governments: Jon Sperl; 
Impact on the private sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                           Regulatory Impact

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    S. 1057, as reported, would not create any new programs or 
impose any new regulatory requirements, and, therefore, would 
not subject any individuals or businesses to new regulations.

                            economic impact

    S. 1057, as reported, is not expected to have a negative 
impact on the Nation's economy.

                                privacy

    The reported bill would have no impact on the personal 
privacy of individuals.

                               paperwork

    S. 1057, as reported, would not increase paperwork 
requirements for either the private or public sectors.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title.

    This section would provide the short title of the bill, the 
Harmful Algal Bloom and Hypoxia Research and Control Amendments 
Act of 2017.

Section 2. References to the Harmful Algal Bloom and Hypoxia Research 
        and Control Act of 1998.

    Any references of an amendment to or repeal of the Act 
would be considered made to the Harmful Algal Bloom and Hypoxia 
Research and Control Act of 1998.

Section 3. Inter-Agency Task Force.

    This section would add the Army Corps of Engineers to the 
Inter-Agency Task Force.

Section 4. Scientific assessments of freshwater harmful algal blooms.

    This section would remove outdated scientific assessment 
language and would specify that future scientific assessments 
should include HABs in coastal waters and freshwater systems 
and those that originate in freshwater lakes or rivers and 
migrate to coastal waters.

Section 5. National Harmful Algal Bloom and Hypoxia Program.

    This section would require the Under Secretary of Commerce 
to engage local and regional stakeholders via a website about 
the Program. It also would direct the Under Secretary to 
include intervention and mitigation research as projects 
available for competitive grant funding and provide technical 
assistance to regional, State, tribal, and local governments. 
It also would add unmanned systems as an option for 
infrastructure for observations and require the Under Secretary 
to develop contingency plans for long-term monitoring of 
hypoxia.

Section 6. Consultation.

    This section would make a technical correction to clarify 
that assessments, reports, and plans are required under the 
HABHRCA.

Section 7. Hypoxia or Harmful Algal Bloom of National Significance.

    During the 2016 HAB event in southern Florida, the Governor 
of Florida declared a state of emergency in four counties and 
requested an emergency declaration from FEMA in order to 
qualify for Federal disaster assistance. However, the request 
was denied by FEMA because HABs and hypoxic events do not 
qualify as disasters under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
    This section would establish a process for the 
Administrator of NOAA or the EPA to declare an event of 
national significance, which would trigger access to disaster-
like funds in the case of a severe algae bloom or hypoxic 
event. An event of national significance would mean a hypoxia 
or HAB event that has had or will likely have significant 
environmental, economic, or public health impacts on an 
affected State. Geographic scope and the relative size in 
relation to past occurrences would be considered when making 
the determination. This section would require a 25 percent non-
Federal match for any funding for an event of national 
significance. This is based on the fishery disaster provisions 
in the Magnuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.), except that this provision would 
allow for non-Federal donations to be made for the purposes of 
funding recovery in the case of an event of national 
significance. As with the existing law, the designation would 
not result in automatic funding, but rather would make the 
designated event eligible to receive funds appropriated for 
remediation.

Section 8. Authorization of Appropriations.

    Appropriations would be authorized for FY 2019 through FY 
2023 at $22,000,000 annually. The current authorization of 
$22,500,000 would continue through FY 2018.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

    HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL ACT OF 1998


                        [33 U.S.C. 4001 et seq.]

SEC. 603. ASSESSMENTS.

                            [33 U.S.C. 4001]

  (a) Establishment of Inter-Agency Task Force.--The President, 
through the Committee on Environment and Natural Resources of 
the National Science and Technology Council, shall establish an 
Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia 
(hereinafter referred to as the ``Task Force''). The Task Force 
shall consist of a representative from--
          (1) the Department of Commerce (who shall serve as 
        Chairman of the Task Force);
          (2) the Environmental Protection Agency;
          (3) the Department of Agriculture;
          (4) the Department of the Interior;
          (5) the Department of the Navy;
          (6) the Department of Health and Human Services;
          (7) the National Science Foundation;
          (8) the National Aeronautics and Space 
        Administration;
          (9) the Food and Drug Administration;
          (10) the Office of Science and Technology Policy;
          (11) the Council on Environmental Quality;
          (12) the Centers for Disease Control and Prevention; 
        [and]
          (13) the Army Corps of Engineers; and
          [(13)](14) other Federal agencies as the President 
        considers appropriate.
  (b) Assessment of Harmful Algal Blooms.--
          (1) Not later than 12 months after the date of the 
        enactment of this title, the Task Force, in cooperation 
        with the coastal States, Indian tribes, and local 
        governments, industry (including agricultural 
        organizations), academic institutions, and non-
        governmental organizations with expertise in coastal 
        zone management, shall complete and submit to the 
        Congress an assessment which examines the ecological 
        and economic consequences of harmful algal blooms, 
        alternatives for reducing, mitigating, and controlling 
        harmful algal blooms, and the social and economic costs 
        and benefits of such alternatives.
          (2) The assessment shall--
                  (A) identify alternatives for preventing 
                unnecessary duplication of effort among Federal 
                agencies and departments with respect to 
                harmful algal blooms; and
                  (B) provide for Federal cooperation and 
                coordination with and assistance to the coastal 
                States, Indian tribes, and local governments in 
                the prevention, reduction, management, 
                mitigation, and control of harmful algal blooms 
                and their environmental and public health 
                impacts.
  (c) Assessment of Hypoxia.--
          (1) Not later than 12 months after the date of the 
        enactment of this title, the Task Force, in cooperation 
        with the States, Indian tribes, local governments, 
        industry, agricultural, academic institutions, and non-
        governmental organizations with expertise in watershed 
        and coastal zone management, shall complete and submit 
        to the Congress an assessment which examines the 
        ecological and economic consequences of hypoxia in 
        United States coastal waters, alternatives for 
        reducing, mitigating, and controlling hypoxia, and the 
        social and economic costs and benefits of such 
        alternatives.
          (2) The assessment shall--
                  (A) establish needs, priorities, and 
                guidelines for a peer-reviewed, interagency 
                research program on the causes, 
                characteristics, and impacts of hypoxia;
                  (B) identify alternatives for preventing 
                unnecessary duplication of effort among Federal 
                agencies and departments with respect to 
                hypoxia; and
                  (C) provide for Federal cooperation and 
                coordination with and assistance to the States, 
                Indian tribes, and local governments in the 
                prevention, reduction, management, mitigation, 
                and control of hypoxia and its environmental 
                impacts.
  (d) Report to Congress on Harmful Algal Bloom Impacts.--
          (1) Development.--Not later than 12 months after the 
        date of enactment of the Harmful Algal Bloom and 
        Hypoxia Amendments Act of 2004, the President, in 
        consultation with the chief executive officers of the 
        States, shall develop and submit to the Congress a 
        report that describes and evaluates the effectiveness 
        of measures described in paragraph (2) that may be 
        utilized to protect environmental and public health 
        from impacts of harmful algal blooms. In developing the 
        report, the President shall consult with the Task 
        Force, the coastal States, Indian tribes, local 
        governments, appropriate industries (including 
        fisheries, agriculture, and fertilizer), academic 
        institutions, and nongovernmental organizations with 
        expertise in coastal zone science and management, and 
        also consider the scientific assessments developed 
        under this Act.
          (2) Requirements.--The report shall--
                  (A) review techniques for prediction of the 
                onset, course, and impacts of harmful algal 
                blooms including evaluation of their accuracy 
                and utility in protecting environmental and 
                public health and provisions for their 
                development;
                  (B) identify innovative research and 
                development methods for the prevention, 
                control, and mitigation of harmful algal blooms 
                and provisions for their development; and
                  (C) include incentive-based partnership 
                approaches regarding subparagraphs (A) and (B) 
                where practicable.
          (3) Publication and opportunity for comment.--At 
        least 90 days before submitting the report to the 
        Congress, the President shall cause a summary of the 
        proposed plan to be published in the Federal Register 
        for a public comment period of not less than 60 days.
          (4) Federal assistance.--The Secretary of Commerce, 
        in coordination with the Task Force and to the extent 
        of funds available, shall provide for Federal 
        cooperation with and assistance to the coastal States, 
        Indian tribes, and local governments regarding the 
        measures described in paragraph (2), as requested.
  (e) Local and Regional Scientific Assessments.--
          (1) In general.--The Secretary of Commerce, in 
        coordination with the Task Force and appropriate State, 
        Indian tribe, and local governments, to the extent of 
        funds available, shall provide for local and regional 
        scientific assessments of hypoxia and harmful algal 
        blooms, as requested by States, Indian tribes, and 
        local governments, or for affected areas as identified 
        by the Secretary. If the Secretary receives multiple 
        requests, the Secretary shall ensure, to the extent 
        practicable, that assessments under this subsection 
        cover geographically and ecologically diverse locations 
        with significant ecological and economic impacts from 
        hypoxia or harmful algal blooms. The Secretary shall 
        establish a procedure for reviewing requests for local 
        and regional assessments. The Secretary shall ensure, 
        through consultation with Sea Grant Programs, that the 
        findings of the assessments are communicated to the 
        appropriate State, Indian tribe, and local governments, 
        and to the general public.
          (2) Purpose.--Local and regional assessments shall 
        examine--
                  (A) the causes and ecological consequences, 
                and the economic cost, of hypoxia or harmful 
                algal blooms in that area;
                  (B) potential methods to prevent, control, 
                and mitigate hypoxia or harmful algal blooms in 
                that area and the potential ecological and 
                economic costs and benefits of such methods; 
                and
                  (C) other topics the Task Force considers 
                appropriate.
  [(f) Scientific Assessment of Freshwater Harmful Algal 
Blooms.--
          [(1) Not later than 24 months after the date of 
        enactment of the Harmful Algal Bloom and Hypoxia 
        Amendments Act of 2004 the Task Force shall complete 
        and submit to Congress a scientific assessment of 
        current knowledge about harmful algal blooms in 
        freshwater, such as the Great Lakes and upper reaches 
        of estuaries, including a research plan for 
        coordinating Federal efforts to better understand 
        freshwater harmful algal blooms.
          [(2) The freshwater harmful algal bloom scientific 
        assessment shall--
                  [(A) examine the causes and ecological 
                consequences, and the economic costs, of 
                harmful algal blooms with significant effects 
                on freshwater, including estimations of the 
                frequency and occurrence of significant events;
                  [(B) establish priorities and guidelines for 
                a competitive, peer-reviewed, merit-based 
                interagency research program, as part of the 
                Ecology and Oceanography of Harmful Algal 
                Blooms (ECOHAB) project, to better understand 
                the causes, characteristics, and impacts of 
                harmful algal blooms in freshwater locations; 
                and
                  [(C) identify ways to improve coordination 
                and to prevent unnecessary duplication of 
                effort among Federal agencies and departments 
                with respect to research on harmful algal 
                blooms in freshwater locations.]
  [(g)](f) Scientific Assessments of Hypoxia.--
          (1) Not less than once every 5 years the Task Force 
        shall complete and submit to the Congress a scientific 
        assessment of hypoxia in United States coastal waters 
        including the Great Lakes. The first such assessment 
        shall be completed not less than 24 months after the 
        date of enactment of the Harmful Algal Bloom and 
        Hypoxia Amendments Act of 2004.
          (2) The assessments under this subsection shall--
                  (A) examine the causes and ecological 
                consequences, and the economic costs, of 
                hypoxia;
                  (B) describe the potential ecological and 
                economic costs and benefits of possible policy 
                and management actions for preventing, 
                controlling, and mitigating hypoxia;
                  (C) evaluate progress made by, and the needs 
                of, Federal research programs on the causes, 
                characteristics, and impacts of hypoxia, 
                including recommendations of how to eliminate 
                significant gaps in hypoxia modeling and 
                monitoring data; and
                  (D) identify ways to improve coordination and 
                to prevent unnecessary duplication of effort 
                among Federal agencies and departments with 
                respect to research on hypoxia.
  [(h) Scientific Assessments of Harmful Algal Blooms.--
          [(1) Not less than once every 5 years the Task Force 
        shall complete and submit to Congress a scientific 
        assessment of harmful algal blooms in United States 
        coastal waters. The first such assessment shall be 
        completed not later than 24 months after the date of 
        enactment of the Harmful Algal Bloom and Hypoxia 
        Amendments Act of 2004 and shall consider only marine 
        harmful algal blooms. All subsequent assessments shall 
        examine both marine and freshwater harmful algal 
        blooms, including those in the Great Lakes and upper 
        reaches of estuaries.
          [(2) The assessments under this subsection shall--
                  [(A) examine the causes and ecological 
                consequences, and economic costs, of harmful 
                algal blooms;
                  [(B) describe the potential ecological and 
                economic costs and benefits of possible actions 
                for preventing, controlling, and mitigating 
                harmful algal blooms;
                  [(C) evaluate progress made by, and the needs 
                of, Federal research programs on the causes, 
                characteristics, and impacts of harmful algal 
                blooms; and
                  [(D) identify ways to improve coordination 
                and to prevent unnecessary duplication of 
                effort among Federal agencies and departments 
                with respect to research on harmful algal 
                blooms.]
  (g) Scientific Assessments of Marine and Freshwater Harmful 
Algal Blooms.--Not less than once every 5 years the Task Force 
shall complete and submit to Congress a scientific assessment 
of harmful algal blooms in United States coastal waters and 
freshwater systems. Each assessment shall examine both marine 
and freshwater harmful algal blooms, including those in the 
Great Lakes and upper reaches of estuaries, those in freshwater 
lakes and rivers, and those that originate in freshwater lakes 
or rivers and migrate to coastal waters.
  [(i)](h) National Scientific Research, Development, 
Demonstration, and Technology Transfer Plan on Reducing Impacts 
From Harmful Algal Blooms.--
          (1) Not later than 12 months after the date of 
        enactment of the Harmful Algal Bloom and Hypoxia 
        Amendments Act of 2004, the Task Force shall develop 
        and submit to Congress a plan providing for a 
        comprehensive and coordinated national research program 
        to develop and demonstrate prevention, control, and 
        mitigation methods to reduce the impacts of harmful 
        algal blooms on coastal ecosystems (including the Great 
        Lakes), public health, and the economy.
          (2) The plan shall--
                  (A) establish priorities and guidelines for a 
                competitive, peer reviewed, merit based 
                interagency research, development, 
                demonstration, and technology transfer program 
                on methods for the prevention, control, and 
                mitigation of harmful algal blooms;
                  (B) identify ways to improve coordination and 
                to prevent unnecessary duplication of effort 
                among Federal agencies and departments with 
                respect to the actions described in paragraph 
                (1); and
                  (C) include to the maximum extent practicable 
                diverse institutions, including Historically 
                Black Colleges and Universities and those 
                serving large proportions of Hispanics, Native 
                Americans, Asian Pacific Americans, and other 
                underrepresented populations.
          (3) The Secretary of Commerce, in conjunction with 
        other appropriate Federal agencies, shall establish a 
        research, development, demonstration, and technology 
        transfer program that meets the priorities and 
        guidelines established under paragraph (2)(A). The 
        Secretary shall ensure, through consultation with Sea 
        Grant Programs, that the results and findings of the 
        program are communicated to State, Indian tribe, and 
        local governments, and to the general public.
  [(j)](i) 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. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

                            [33 U.S.C. 4002]

  (a) * * *
  (e) Program Duties.--In administering the Program, the Under 
Secretary shall--
          (1) promote the Program, including to local and 
        regional stakeholders through the establishment and 
        maintenance of a publicly accessible Internet website 
        that provides information as to Program activities 
        completed under this section;
          (2) prepare work and spending plans for implementing 
        the research and activities identified under the Action 
        Strategy;
          (3) administer peer-reviewed, 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; and
                  (D) to accelerate the utilization of 
                effective methods of intervention and 
                mitigation to reduce the frequency, severity, 
                and impacts of harmful algal bloom and hypoxia 
                events;
          (4) coordinate with [and work cooperatively with], 
        and work cooperatively to provide technical assistance 
        to, 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 and extension programs to improve public 
        understanding and awareness of the causes, impacts, 
        intervention, 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) develop and enhance, including with respect to 
        infrastructure, which shall include unmanned systems, 
        as necessary, 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[.];
          (7) use cost effective methods in carrying out this 
        Act; and
          (8) develop contingency plans for the long-term 
        monitoring of hypoxia.
  (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. 609. AUTHORIZATION OF APPROPRIATIONS.

                            [33 U.S.C. 4009]

  (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, and 
$22,000,000 for each of fiscal years 2019 through 2023.
  (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.

         HARMFUL ALGAL BLOOM AND HYPOXIA AMENDMENTS ACT OF 2004


                  [Public Law 108-456; 118 Stat. 3630]

SEC. 102. RETENTION OF TASK FORCE.

                           [33 U.S.C. 4001a]

  In developing the assessments, reports, and plans under [the 
amendments made by this title] the Harmful Algal Bloom and 
Hypoxia Research and Control Act of 1998, the Task Force shall 
consult with the coastal States, Indian tribes, local 
governments, appropriate industries (including fisheries, 
agriculture, and fertilizer), academic institutions, and 
nongovernmental organizations with expertise in coastal zone 
science and management.

                                  [all]