    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 113-124
    113th Congress

    An Act

    To amend the Harmful Algal Blooms and Hypoxia Research and Control Act
    of 1998, and for other purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Harmful Algal Bloom and Hypoxia
    Research and Control Amendments Act of 2014''.
    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 2014, the Under Secretary, acting
    through the Task Force, shall maintain and enhance 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

    [[Page 1380]]

    ``(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 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;
    ``(4) coordinate with 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;

    [[Page 1381]]

    ``(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) develop and enhance, including with respect to
    infrastructure 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.

    ``(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).

    [[Page 1382]]

    ``(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 2014, 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 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;

    [[Page 1383]]

    ``(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);

    [[Page 1384]]

    ``(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 2014, 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 2014, 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 2014, 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.

    [[Page 1385]]

    ``(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) <>  coordinate with State
    and local governments;
    ``(B) <>  consult with
    representatives from academic, agricultural, industry,
    and other stakeholder groups, including 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) ensure that the plan is technically sound and
    cost effective;
    ``(G) utilize existing research, assessments,
    reports, and program activities;
    ``(H) <>
    publish a summary of the proposed plan in the Federal
    Register at least 180 days prior to submitting the
    completed plan to Congress; and
    ``(I) <>  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.

    ``(a) Authority Preserved.--Nothing in this title supersedes or
    limits the authority of any agency to carry out its responsibilities and
    missions under other laws.
    ``(b) Regulatory Authority.--Nothing in this title may be construed
    as establishing new regulatory authority for any agency.''.
    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:

    [[Page 1386]]

    ``(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. AUTHORIZATION OF APPROPRIATIONS.

    The Act is further amended by adding after section 608 the
    following:
    ``SEC. 609. <>  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

    [[Page 1387]]

    the amounts for all of the funds allocated for research purposes,
    specifying those allocated for extramural research activities.''.

    Approved June 30, 2014.

    LEGISLATIVE HISTORY--S. 1254:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 113-471, Pt. 1 (Comm. on Science, Space, and
    Technology).
    SENATE REPORTS: No. 113-121 (Comm. on Commerce, Science, and
    Transportation).
    CONGRESSIONAL RECORD, Vol. 160 (2014):
    Feb. 12, considered and passed Senate.
    June 9, considered and passed House, amended.
    June 17, Senate concurred in House amendment.