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 
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‘‘(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; 
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‘‘(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). 
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‘‘(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; 
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‘‘(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); 
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‘‘(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. 
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‘‘(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: 
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‘‘(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 InterAgency 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 
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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.