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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1254 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1254

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 27, 2013

Mr. Nelson (for himself, Mr. Portman, Mr. Begich, Mr. Rockefeller, Mr. 
   Blumenthal, Mr. King, Mr. Cardin, Ms. Cantwell, Ms. Landrieu, Mr. 
Wicker, and Mr. Merkley) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL

 
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 2013''.

SEC. 2. REFERENCES TO THE HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND 
              CONTROL ACT OF 1998.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment 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''; and
            (5) in paragraph (13), as redesignated, by striking 
        ``such''.

SEC. 4. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

    The Act is amended by inserting after section 603 the following:

``SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

    ``(a) Establishment.--Not later than 1 year after the date of 
enactment of the Harmful Algal Bloom and Hypoxia Research and Control 
Amendments Act of 2013, the Under Secretary, acting through the Task 
Force, shall establish and maintain a national harmful algal bloom and 
hypoxia program, including--
            ``(1) a statement of objectives, including understanding, 
        detecting, predicting, controlling, mitigating, and responding 
        to marine and freshwater harmful algal bloom and hypoxia 
        events; and
            ``(2) the comprehensive research plan and action strategy 
        under section 603B.
    ``(b) Periodic Revision.--The Task Force shall periodically review 
and revise the Program, as necessary.
    ``(c) Task Force Functions.--The Task Force shall--
            ``(1) coordinate interagency review of the objectives and 
        activities of the Program;
            ``(2) expedite the interagency review process by ensuring 
        timely review and dispersal of required reports and assessments 
        under this title;
            ``(3) support the implementation of the Action Strategy, 
        including the coordination and integration of the research of 
        all Federal programs, including ocean and Great Lakes science 
        and management programs and centers, that address the chemical, 
        biological, and physical components of marine and freshwater 
        harmful algal blooms and hypoxia;
            ``(4) support the development of institutional mechanisms 
        and financial instruments to further the objectives and 
        activities of the Program;
            ``(5) review the Program's distribution of Federal funding 
        to address the objectives and activities of the Program;
            ``(6) promote the development of new technologies for 
        predicting, monitoring, and mitigating harmful algal bloom and 
        hypoxia conditions; and
            ``(7) establish such interagency working groups as it 
        considers necessary.
    ``(d) Lead Federal Agency.--Except as provided in subsection (h), 
the National Oceanic and Atmospheric Administration shall have primary 
responsibility for administering the Program.
    ``(e) Program Duties.--In administering the Program, the Under 
Secretary shall--
            ``(1) promote the Program;
            ``(2) prepare work and spending plans for implementing the 
        research and activities identified under the Action Strategy;
            ``(3) administer merit-based, competitive grant funding--
                    ``(A) to maintain and enhance baseline monitoring 
                programs established by the Program;
                    ``(B) to support the projects maintained and 
                established by the Program; and
                    ``(C) to address the research and management needs 
                and priorities identified in the Action Strategy;
            ``(4) coordinate and work cooperatively with regional, 
        State, tribal, and local government agencies and programs that 
        address marine and freshwater harmful algal blooms and hypoxia;
            ``(5) coordinate with the Secretary of State to support 
        international efforts on marine and freshwater harmful algal 
        bloom and hypoxia information sharing, research, prediction, 
        mitigation, control, and response activities;
            ``(6) identify additional research, development, and 
        demonstration needs and priorities relating to monitoring, 
        prevention, control, mitigation, and response to marine and 
        freshwater harmful algal blooms and hypoxia, including methods 
        and technologies to protect the ecosystems affected by marine 
        and freshwater harmful algal blooms and hypoxia;
            ``(7) integrate, coordinate, and augment existing education 
        programs to improve public understanding and awareness of the 
        causes, impacts, and mitigation efforts for marine and 
        freshwater harmful algal blooms and hypoxia;
            ``(8) facilitate and provide resources to train State and 
        local coastal and water resource managers in the methods and 
        technologies for monitoring, preventing, controlling, and 
        mitigating marine and freshwater harmful algal blooms and 
        hypoxia;
            ``(9) support regional efforts to control and mitigate 
        outbreaks through--
                    ``(A) communication of the contents of the Action 
                Strategy and maintenance of online data portals for 
                other information about harmful algal blooms and 
                hypoxia to State, tribal, and local stakeholders; and
                    ``(B) overseeing the development, review, and 
                periodic updating of the Action Strategy;
            ``(10) convene at least 1 meeting of the Task Force each 
        year; and
            ``(11) perform such other tasks as may be delegated by the 
        Task Force.
    ``(f) National Oceanic and Atmospheric Administration Activities.--
The Under Secretary shall--
            ``(1) maintain and enhance the existing competitive 
        programs at the National Oceanic and Atmospheric Administration 
        relating to harmful algal blooms and hypoxia;
            ``(2) carry out marine and Great Lakes harmful algal bloom 
        and hypoxia events response activities;
            ``(3) establish new programs and infrastructure, as 
        necessary, to develop and enhance critical observations, 
        monitoring, modeling, data management, information 
        dissemination, and operational forecasts relevant to harmful 
        algal blooms and hypoxia events;
            ``(4) enhance communication and coordination among Federal 
        agencies carrying out marine and freshwater harmful algal bloom 
        and hypoxia activities and research;
            ``(5) to the greatest extent practicable, leverage existing 
        resources and expertise available from local research 
        universities and institutions; and
            ``(6) increase the availability to appropriate public and 
        private entities of--
                    ``(A) analytical facilities and technologies;
                    ``(B) operational forecasts; and
                    ``(C) reference and research materials.
    ``(g) Cooperative Efforts.--The Under Secretary shall work 
cooperatively and avoid duplication of effort with other offices, 
centers, and programs within the National Oceanic and Atmospheric 
Administration, other agencies on the Task Force, and States, tribes, 
and nongovernmental organizations concerned with marine and freshwater 
issues to coordinate harmful algal bloom and hypoxia (and related) 
activities and research.
    ``(h) Freshwater.--With respect to the freshwater aspects of the 
Program, the Administrator, through the Task Force, shall carry out the 
duties otherwise assigned to the Under Secretary under this section, 
except the activities described in subsection (f).
            ``(1) Participation.--The Administrator's participation 
        under this section shall include--
                    ``(A) research on the ecology and impacts of 
                freshwater harmful algal blooms; and
                    ``(B) forecasting and monitoring of and event 
                response to freshwater harmful algal blooms in lakes, 
                rivers, estuaries (including their tributaries), and 
                reservoirs.
            ``(2) Nonduplication.--The Administrator shall ensure that 
        activities carried out under this title focus on new approaches 
        to addressing freshwater harmful algal blooms and are not 
        duplicative of existing research and development programs 
        authorized by this title or any other law.
    ``(i) Integrated Coastal and Ocean Observation System.--The 
collection of monitoring and observation data under this title shall 
comply with all data standards and protocols developed pursuant to the 
Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 
3601 et seq.). Such data shall be made available through the system 
established under that Act.''.

SEC. 5. COMPREHENSIVE RESEARCH PLAN AND ACTION STRATEGY.

    The Act, as amended by section 4 of this Act, is further amended by 
inserting after section 603A the following:

``SEC. 603B. COMPREHENSIVE RESEARCH PLAN AND ACTION STRATEGY.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of the Harmful Algal Bloom and Hypoxia Research and Control 
Amendments Act of 2013, the Under Secretary, through the Task Force, 
shall develop and submit to Congress a comprehensive research plan and 
action strategy to address marine and freshwater harmful algal blooms 
and hypoxia. The Action Strategy shall identify--
            ``(1) the specific activities to be carried out by the 
        Program and the timeline for carrying out those activities;
            ``(2) the roles and responsibilities of each Federal agency 
        in the Task Force in carrying out the activities under 
        paragraph (1); and
            ``(3) the appropriate regions and subregions requiring 
        specific research and activities to address local, State, and 
        regional harmful algal blooms and hypoxia.
    ``(b) Regional Focus.--The regional and subregional parts of the 
Action Strategy shall identify--
            ``(1) regional priorities for ecological, economic, and 
        social research on issues related to the impacts of harmful 
        algal blooms and hypoxia;
            ``(2) research, development, and demonstration activities 
        needed to develop and advance technologies and techniques for 
        minimizing the occurrence of harmful algal blooms and hypoxia 
        and improving capabilities to detect, predict, monitor, 
        control, mitigate, respond to, and remediate harmful algal 
        blooms and hypoxia;
            ``(3) ways to reduce the duration and intensity of harmful 
        algal blooms and hypoxia, including deployment of response 
        technologies in a timely manner;
            ``(4) research and methods to address human health 
        dimensions of harmful algal blooms and hypoxia;
            ``(5) mechanisms, including the potential costs and 
        benefits of those mechanisms, to protect ecosystems that may be 
        or have been affected by harmful algal bloom and hypoxia 
        events;
            ``(6) mechanisms by which data, information, and products 
        may be transferred between the Program and the State, tribal, 
        and local governments and research entities;
            ``(7) communication and information dissemination methods 
        that State, tribal, and local governments may undertake to 
        educate and inform the public concerning harmful algal blooms 
        and hypoxia; and
            ``(8) roles that Federal agencies may have to assist in the 
        implementation of the Action Strategy, including efforts to 
        support local and regional scientific assessments under section 
        603(e).
    ``(c) Utilizing Available Studies and Information.--In developing 
the Action Strategy, the Under Secretary shall utilize existing 
research, assessments, reports, and program activities, including--
            ``(1) those carried out under existing law; and
            ``(2) other relevant peer-reviewed and published sources.
    ``(d) Development of the Action Strategy.--In developing the Action 
Strategy, the Under Secretary shall, as appropriate--
            ``(1) coordinate with--
                    ``(A) State coastal management and planning 
                officials;
                    ``(B) tribal resource management officials; and
                    ``(C) water management and watershed officials from 
                both coastal States and noncoastal States with water 
                sources that drain into water bodies affected by 
                harmful algal blooms and hypoxia; and
            ``(2) consult with--
                    ``(A) public health officials;
                    ``(B) emergency management officials;
                    ``(C) science and technology development 
                institutions;
                    ``(D) economists;
                    ``(E) industries and businesses affected by marine 
                and freshwater harmful algal blooms and hypoxia;
                    ``(F) scientists with expertise concerning harmful 
                algal blooms or hypoxia from academic or research 
                institutions; and
                    ``(G) other stakeholders.
    ``(e) Federal Register.--The Under Secretary shall publish the 
Action Strategy in the Federal Register.
    ``(f) Periodic Revision.--The Under Secretary, in coordination and 
consultation with the individuals and entities under subsection (d), 
shall periodically review and revise the Action Strategy prepared under 
this section, as necessary.''.

SEC. 6. REPORTING.

    Section 603 is amended by adding at the end the following:
    ``(j) Report.--Not later than 2 years after the date the Action 
Strategy is submitted under section 603B, the Under Secretary shall 
submit a report to Congress that describes--
            ``(1) the proceedings of the annual Task Force meetings;
            ``(2) the activities carried out under the Program, 
        including the regional and subregional parts of the Action 
        Strategy;
            ``(3) the budget related to the activities under paragraph 
        (2);
            ``(4) the progress made on implementing the Action 
        Strategy; and
            ``(5) any need to revise or terminate research and 
        activities under the Program.''.

SEC. 7. NORTHERN GULF OF MEXICO HYPOXIA.

    Section 604 is amended to read as follows:

``SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

    ``(a) Initial Progress Reports.--Beginning not later than 12 months 
after the date of enactment of the Harmful Algal Bloom and Hypoxia 
Research and Control Amendments Act of 2013, and biennially thereafter, 
the Administrator, through the Mississippi River/Gulf of Mexico 
Watershed Nutrient Task Force, shall submit a progress report to the 
appropriate congressional committees and the President that describes 
the progress made by activities directed by the Mississippi River/Gulf 
of Mexico Watershed Nutrient Task Force and carried out or funded by 
the Environmental Protection Agency and other State and Federal 
partners toward attainment of the goals of the Gulf Hypoxia Action Plan 
2008.
    ``(b) Contents.--Each report required under this section shall--
            ``(1) assess the progress made toward nutrient load 
        reductions, the response of the hypoxic zone and water quality 
        throughout the Mississippi/Atchafalaya River Basin, and the 
        economic and social effects;
            ``(2) evaluate lessons learned; and
            ``(3) recommend appropriate actions to continue to 
        implement or, if necessary, revise the strategy set forth in 
        the Gulf Hypoxia Action Plan 2008.''.

SEC. 8. GREAT LAKES HYPOXIA AND HARMFUL ALGAL BLOOMS.

    Section 605 is amended to read as follows:

``SEC. 605. GREAT LAKES HYPOXIA AND HARMFUL ALGAL BLOOMS.

    ``(a) Integrated Assessment.--Not later than 18 months after the 
date of enactment of the Harmful Algal Bloom and Hypoxia Research and 
Control Amendments Act of 2013, the Task Force, in accordance with the 
authority under section 603, shall complete and submit to the Congress 
and the President an integrated assessment that examines the causes, 
consequences, and approaches to reduce hypoxia and harmful algal blooms 
in the Great Lakes, including the status of and gaps within current 
research, monitoring, management, prevention, response, and control 
activities by--
            ``(1) Federal agencies;
            ``(2) State agencies;
            ``(3) regional research consortia;
            ``(4) academia;
            ``(5) private industry; and
            ``(6) nongovernmental organizations.
    ``(b) Plan.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Harmful Algal Bloom and Hypoxia Research and 
        Control Amendments Act of 2013, the Task Force shall develop 
        and submit to the Congress a plan, based on the integrated 
        assessment under subsection (a), for reducing, mitigating, and 
        controlling hypoxia and harmful algal blooms in the Great 
        Lakes.
            ``(2) Contents.--The plan shall--
                    ``(A) address the monitoring needs identified in 
                the integrated assessment under subsection (a);
                    ``(B) develop a timeline and budgetary requirements 
                for deployment of future assets;
                    ``(C) identify requirements for the development and 
                verification of Great Lakes hypoxia and harmful algal 
                bloom models, including--
                            ``(i) all assumptions built into the 
                        models; and
                            ``(ii) data quality methods used to ensure 
                        the best available data are utilized; and
                    ``(D) describe efforts to improve the assessment of 
                the impacts of hypoxia and harmful algal blooms by--
                            ``(i) characterizing current and past 
                        biological conditions in ecosystems affected by 
                        hypoxia and harmful algal blooms; and
                            ``(ii) quantifying effects, including 
                        economic effects, at the population and 
                        community levels.
            ``(3) Requirements.--In developing the plan, the Task Force 
        shall--
                    ``(A) consult with State and local governments and 
                representatives from academic, agricultural, industry, 
                and other stakeholder groups;
                    ``(B) consult with relevant Canadian agencies;
                    ``(C) ensure that the plan complements and does not 
                duplicate activities conducted by other Federal or 
                State agencies;
                    ``(D) identify critical research for reducing, 
                mitigating, and controlling hypoxia events and their 
                effects;
                    ``(E) evaluate cost-effective, incentive-based 
                partnership approaches;
                    ``(F) utilize existing research, assessments, 
                reports, and program activities;
                    ``(G) publish a summary of the proposed plan in the 
                Federal Register at least 180 days prior to submitting 
                the completed plan to Congress; and
                    ``(H) after submitting the completed plan to 
                Congress, provide biennial progress reports on the 
                activities toward achieving the objectives of the 
                plan.''.

SEC. 9. APPLICATION WITH OTHER LAWS.

    The Act is amended by adding after section 606 the following:

``SEC. 607. EFFECT ON OTHER FEDERAL AUTHORITY.

    ``Nothing in this title supersedes or limits the authority of any 
agency to carry out its responsibilities and missions under other 
laws.''.

SEC. 10. DEFINITIONS; CONFORMING AMENDMENT.

    (a) In General.--The Act, as amended by section 9 of this Act, is 
further amended by adding after section 607 the following:

``SEC. 608. DEFINITIONS.

    ``In this title:
            ``(1) Action strategy.--The term `Action Strategy' means 
        the comprehensive research plan and action strategy established 
        under section 603B.
            ``(2) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(3) Harmful algal bloom.--The term `harmful algal bloom' 
        means marine and freshwater phytoplankton that proliferate to 
        high concentrations, resulting in nuisance conditions or 
        harmful impacts on marine and aquatic ecosystems, coastal 
        communities, and human health through the production of toxic 
        compounds or other biological, chemical, and physical impacts 
        of the algae outbreak.
            ``(4) Hypoxia.--The term `hypoxia' means a condition where 
        low dissolved oxygen in aquatic systems causes stress or death 
        to resident organisms.
            ``(5) Program.--The term `Program' means the national 
        harmful algal bloom and hypoxia program established under 
        section 603A.
            ``(6) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, the Commonwealth of the Northern Mariana Islands, any 
        other territory or possession of the United States, and any 
        Indian tribe.
            ``(7) Task force.--The term `Task Force' means the Inter-
        Agency Task Force on Harmful Algal Blooms and Hypoxia under 
        section 603(a).
            ``(8) Under secretary.--The term `Under Secretary' means 
        the Under Secretary of Commerce for Oceans and Atmosphere.
            ``(9) United states coastal waters.--The term `United 
        States coastal waters' includes the Great Lakes.''.
    (b) Conforming Amendment.--Section 603(a) is amended by striking 
``(hereinafter referred to as the `Task Force')''.

SEC. 11. INTERAGENCY FINANCING.

    The Act, as amended by section 10 of this Act, is further amended 
by adding after section 608 the following:

``SEC. 609. INTERAGENCY FINANCING.

    ``The departments and agencies represented on the Task Force may 
participate in interagency financing and share, transfer, receive, 
obligate, and expend funds appropriated to any member of the Task Force 
for the purposes of carrying out any administrative or programmatic 
project or activity under this title, including support for the 
Program, a common infrastructure, information sharing, and system 
integration for harmful algal bloom and hypoxia research, monitoring, 
forecasting, prevention, and control. Funds may be transferred among 
the departments and agencies through an appropriate instrument that 
specifies the goods, services, or space being acquired from another 
Task Force member and the costs of the goods, services, and space. The 
amount of funds transferrable under this section for any fiscal year 
may not exceed 5 percent of the account from which the transfer was 
made.''.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    The Act, as amended by section 11 of this Act, is further amended 
by adding after section 609 the following:

``SEC. 610. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to the 
Under Secretary to carry out sections 603A and 603B $20,500,000 for 
each of fiscal years 2014 through 2018.
    ``(b) Extramural Research Activities.--The Under Secretary shall 
ensure that a substantial portion of funds appropriated pursuant to 
subsection (a) that are used for research purposes are allocated to 
extramural research activities. For each fiscal year, the Under 
Secretary shall publish a list of all grant recipients and the amounts 
for all of the funds allocated for research purposes, specifying those 
allocated for extramural research activities.''.
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