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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1254 Enrolled Bill (ENR)]

        S.1254

                     One Hundred Thirteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
           the third day of January, two thousand and fourteen

                                 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
        ``(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;
        ``(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).
        ``(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;
        ``(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 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.
        ``(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:
        ``(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 the amounts 
for all of the funds allocated for research purposes, specifying those 
allocated for extramural research activities.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```