H. Rept. 113-471 - 113th Congress (2013-2014)
June 05, 2014, As Reported by the Science, Space, and Technology Committee

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House Report 113-471 - HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS ACT OF 2014




[House Report 113-471]
[From the U.S. Government Publishing Office]


113th Congress  }                                      {  Rept. 113-471
                        HOUSE OF REPRESENTATIVES
 2d Session     }                                      {         Part 1

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



 
HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS ACT OF 
                                  2014

                                _______
                                

  June 5, 2014.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Smith of Texas, from the Committee on Science, Space, and 
                  Technology, submitted the following

                              R E P O R T

                         [To accompany S. 1254]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (S. 1254) to amend the Harmful Algal 
Blooms and Hypoxia Research and Control Act of 1998, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill, as 
amended, do pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose and Summary.............................................7
 III. Background and Need for the Legislation.........................7
  IV. Hearing Summary.................................................8
   V. Committee Consideration.........................................8
  VI. Committee Votes.................................................8
 VII. Summary of Major Provisions of the Bill........................10
VIII. Committee Views................................................10
  IX. Committee Oversight Findings...................................11
   X. Statement on General Performance Goals and Objectives..........11
  XI. New Budget Authority, Entitlement Authority, and Tax Expenditur11
 XII. Advisory on Earmarks...........................................11
XIII. Committee Cost Estimate........................................11
 XIV. Congressional Budget Office Cost Estimate......................12
  XV. Federal Mandates Statement.....................................13
 XVI. Compliance with House Resolution 5.............................13
XVII. Federal Advisory Committee Statement...........................13
XVIII.Applicability to Legislative Branch............................14

 XIX. Section-by-Section Analysis of the Legislation.................14
  XX. Changes in Existing Law Made by the Bill, As Reported..........17
 XXI. Exchange of Committee Correspondence...........................26
XXII. Proceedings of the Full Committee Markup.......................31

                              I. Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.''.

                        II. Purpose and Summary

    The purpose of S. 1254 is to reauthorize and amend the 
Harmful Algal Blooms and Hypoxia Research and Control Act of 
1998 (HABHRCA) to promote and coordinate a national research 
strategy for improving the understanding and prevention of 
marine and freshwater harmful algal blooms (HABs) and hypoxia 
events.

              III. Background and Need for the Legislation

    Harmful algal blooms are composed of phytoplankton known to 
naturally produce biotoxins. These outbreaks are commonly 
referred to as ``red'' or ``brown'' tides. Blooms can kill fish 
and other aquatic life by decreasing sunlight in the water 
column and by depleting the available oxygen causing anaerobic 
conditions and hypoxia. The produced toxins accumulate in 
shellfish, fish, or through the accumulation of biomass that 
affect other organisms and alter food webs. In recent years, 
many of the Nation's coastlines, near shore marine waters, and 
freshwaters have experienced an increase in the number, 
frequency, duration, and type of HABs.
    HABs can have devastating environmental, economic, and 
human health impacts. Impacts may include serious human illness 
following direct consumption or indirect exposure to toxic 
shellfish or toxins in the environment; economic hardship for 
coastal economies, many of which are highly dependent on 
tourism or harvest of local seafood; and potential fish, bird, 
and mammal mortalities. There is also the potential to reduce 
the ability of ecosystems to sustain species because of habitat 
degradation and long-term alterations to community structure.
    In 1998, Congress passed the Harmful Algal Bloom and 
Hypoxia Research and Control Act (HABHRCA, Public Law 105-83), 
which established an Interagency Task Force to develop a 
national HABs assessment and authorized funding for existing 
and new research programs on HABs. These programs involve 
federal, state, and academic partners and support 
interdisciplinary extramural research studies to address the 
issues of HABs in an ecosystem context.
    In 2004, HABHRCA was reauthorized in Public Law 108-456. 
The reauthorized Act required assessments of HABs in different 
coastal regions and in the Great Lakes and included plans to 
expand research to address the impacts of HABs. The law also 
authorized research, education, and monitoring activities 
related to the prevention, reduction, and control of harmful 
algal blooms and hypoxia. The 2004 HABHRCA authorized funds to 
conduct research and reduce HABs and hypoxia in U.S. marine 
waters, estuaries, and the Great Lakes. In its role as a task 
force participant, the Environmental Protection Agency (EPA) 
has signed memorandums of understanding to fund competitive 
research in these areas.
    The reauthorization expired in 2008, however, the 
Consolidated Appropriations Act of 2008 (P.L. 110-161) provided 
an authorization of appropriations through FY2010. NOAA 
continues these activities under existing general authorities.

                          IV. Hearing Summary

    In the 112th Congress, the Subcommittee on Energy & 
Environment held a hearing on June 1, 2011, entitled, Harmful 
Algal Blooms: Action Plans for Scientific Solutions. The 
purpose of the hearing was to examine HABs and hypoxia research 
and response needs and the development and implementation of 
action plans to monitor, prevent, mitigate and control both 
marine and fresh water bloom and hypoxia events.
    The Subcommittee heard from 6 witnesses: Dr. Robert 
Magnien, Director of the Center for Sponsored Coastal Ocean 
Research, National Oceanic and Atmospheric Administration; Dr. 
Richard Greene, Chief, Ecosystems Dynamics and Effects Branch, 
Gulf Ecology Division, Office of Research and Development, U.S. 
Environmental Protection Agency; Dr. Donald Anderson, Senior 
Scientist and Director of the Coastal Ocean Institute, Woods 
Hole Oceanographic Institution; Dr. Kevin Sellner, Executive 
Director, Chesapeake Research Consortium; Dr. Stephanie Smith, 
Chief Scientist, Algaeventure Systems; and Dr. Beth McGee, 
Senior Water Quality Scientist, Chesapeake Bay Foundation.
    Based on the hearing in the 112th Congress, H.R. 2484, the 
``Harmful Algal Blooms and Hypoxia Research and Control 
Amendments Act of 2011'' was introduced on July 11, 2011. It 
was ordered reported favorably, as amended, by a vote of 20-15.

                       V. Committee Consideration

    S. 1254 was reported, without amendment, out of the Senate 
Committee on Commerce, Science, and Transportation on July 30, 
2013. The bill passed the Senate, with amendment, by Unanimous 
Consent on February 12, 2014.
    On May 21, 2014, the Committee on Science, Space, and 
Technology met in open markup session and adopted S.1254, as 
amended, by voice vote. The Committee ordered S. 1254, as 
amended, favorably reported to the House.

                          VI. Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. A 
motion to order S. 1254, as amended, favorably reported to the 
House, was agreed to by voice vote.
    During Full Committee consideration of S. 1254, the 
following amendments were considered:

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

              VII. Summary of Major Provisions of the Bill

    The Harmful Algal Blooms and Hypoxia Research and Control 
Amendments Act of 2014 streamlines and coordinates existing 
HAB/Hypoxia activities at NOAA and at other Federal agencies, 
provides for development of Comprehensive Research and Action 
Plans to identify regional, state, and local needs, promotes 
the transition of research products into actions for regional, 
State, and local governments, and provides for research and 
monitoring of freshwater HABs, including the Great Lakes.

                         VIII. Committee Views

    S. 1254, as amended, authorizes scientific research and 
activities to address HABs and hypoxia. The Committee regards 
this legislation as the next necessary step in formulating the 
national and regional action strategies, building upon the 
findings and results of various reports and assessments 
required under the previous Harmful Algal Blooms and Hypoxia 
Research and Control Acts (1998 and 2004). Addressing the many 
dimensions of HABs requires a coordinated multi-agency 
approach, and there are presently a number of programs and 
agencies that address the various aspects of HABs. The amended 
version specifies that the Under Secretary shall maintain and 
enhance the national Harmful Algal Bloom and Hypoxia program, 
delineates specific coordination and consultation requirements, 
and directs that the plan for reducing, mitigating, and 
controlling HABs and hypoxia events in the Great Lakes shall be 
technically sound as well as cost-effective. The amended S.1254 
makes clear that nothing in the Act shall be construed as 
establishing new regulatory authority for any agency. In 
coordinating activities required in the Act, federal agencies 
should work cooperatively and transparently with state and 
local officials. The Committee intends for this program to 
continue and expand cooperation with extramural research 
partners.
    The Committee recognizes the success of the national HABs 
program as a highly successful federal/academic/private 
partnership that has been based on the balanced support 
provided for the continuum of science through management 
activities. This includes support for basic research, 
observations and monitoring, modeling and forecasting, and 
management and response. Maintaining funding support for this 
integrated strategy of science through response is essential to 
the continuing success and effectiveness of the HAB program.
    The Committee views continuation of competitive extramural 
grant funding to support this highly effective partnership as 
critical to the long-term success of the national HABs program. 
It also recognizes the importance of NOAA using these funds to 
maintain support for mission-driven basic and applied research 
to help advance science and technology that will support 
improved management and responses to future HAB events. 
Therefore, the Committee expects the Agency to provide 
sustained support for core HAB research programs including: the 
ecology and oceanography of harmful algal blooms, the 
monitoring and event response for harmful algal blooms, and the 
prevention, control, and mitigation of harmful algal blooms.
    The Committee eliminated language allowing the task force 
participants to transfer appropriated funds between agencies, 
as this language is inconsistent with Congressional oversight 
and robust stewardship of limited taxpayer dollars. While NOAA 
has been a lead agency in the country's HABs and hypoxia 
research activities, it is the intent of the Committee that in 
this role, NOAA does not bear the burden of the entire program 
and the Committee considers the full and active participation 
of all task force members as essential to achieving the goals 
of the program. In administering the national Harmful Algal 
Bloom and Hypoxia Program, the undersecretary should promote 
the program among participating agencies and entities. In 
developing activities to understand, detect, predict, control, 
mitigate, and respond to HABs and hypoxia events, participating 
agencies should look at both natural and human contributions.

                    IX. Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee held an oversight 
hearing and made findings that are reflected in the descriptive 
portions of this report.

        X. Statement on General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the performance goals and 
objectives of the Committee are reflected in the descriptive 
portions of this report, including the goal to reauthorize and 
amend the Harmful Algal Blooms and Hypoxia Research and Control 
Act of 1998 (HABHRCA) to promote and coordinate a national 
research strategy for improving the understanding and 
prevention of marine and freshwater harmful algal blooms (HABs) 
and hypoxia events.

 XI. New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee adopts as its 
own the estimate of new budget authority, entitlement 
authority, or tax expenditures or revenues contained in the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974.

                       XII. Advisory on Earmarks

    In compliance with clause 9(e), 9(f), and 9(g) of rule XXI, 
the Committee finds that S. 1254, the ``Harmful Algal Bloom and 
Hypoxia Research and Control Amendments Act of 2013,'' contains 
no earmarks.

                     XIII. Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

             XIV. Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 23, 2014.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1254, the Harmful 
Algal Bloom and Hypoxia Research and Control Amendments Act of 
2014.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 1254--Harmful Algal Blooms and Hypoxia Research and Control 
        Amendments Act of 2014

    Summary: S. 1254 would reauthorize and modify the Harmful 
Algal Bloom and Hypoxia Research and Control Act of 1998. The 
act would authorize the appropriation of $20.5 million annually 
through 2018 period for the National Oceanic and Atmospheric 
Administration (NOAA) to mitigate the harmful effects of algal 
blooms and hypoxia (reduced oxygen level) in certain bodies of 
water.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing the legislation would cost $78 
million over the 2015-2019 period and $4 million after 2019. 
Enacting S. 1254 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    S. 1254 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1254 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).


----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2015      2016      2017      2018      2019    2015-2019
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level................................        21        21        21        21         0         82
Estimated Outlays..................................        13        17        20        21         7        78
----------------------------------------------------------------------------------------------------------------
Note. Amounts may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of fiscal year 2014 
and that the authorized amounts will be appropriated for each 
fiscal year. Estimated outlays are based on historical spending 
patterns for similar NOAA activities.
    S. 1254 would authorize the appropriation of about $21 
million a year through 2018 for certain NOAA activities related 
to mitigating the harmful effects of algal blooms and hypoxia 
in coastal waters and the Great Lakes. Those activities include 
providing grants, conducting research, preparing reports, and 
overseeing an interagency task force. In 2013, NOAA spent $11 
million on similar activities. Assuming appropriation of the 
authorized amounts, CBO estimates that implementing the 
legislation would cost $78 million over the 2015-2019 period 
and $4 million after 2019.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: S. 1254 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. State and local governments could benefit from 
programs and cooperative agreements authorized in the bill. Any 
costs they incur would result from participation in voluntary 
federal programs.
    Previous CBO estimate: On August 22, 2013, CBO transmitted 
a cost estimate for S. 1254, the Harmful Algal Bloom and 
Hypoxia Research and Control Amendments Act of 2013, as ordered 
reported by the Senate Committee on Commerce, Science, and 
Transportation on July 30, 2013. The two versions of the 
legislation are similar; however, because the Senate version 
was reported last year, CBO assumed that $20.5 million also 
would be appropriated in 2014. The CBO cost estimates reflect 
that difference.
    Estimate prepared by: Federal costs: Jeff LaFave; Impact on 
State, local, and tribal governments: Jon Sperl; Impact on the 
private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                     XV. Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                     XVI. Compliance with H. Res. 5

    A. Directed Rule Making. This bill does not direct any 
executive branch official to conduct any specific rule-making 
proceedings.
    B. Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the Federal Government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

               XVII. Federal Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

               XVIII. Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3)(f) the Congressional Accountability Act.

          XIX. Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section establishes the short title as the Harmful 
Algal Blooms and Hypoxia Research and Control Amendments Act of 
2014. 

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

    Section 2 clarifies that any reference in this Act to an 
amendment or repeal is to the Harmful Algal Bloom and Hypoxia 
Research and Control Act of 1998, unless otherwise specified.

Section 3. Interagency Task Force on harmful algal blooms and hypoxia

    This section adds the Centers for Disease Control (CDC) to 
the Task Force.

Section 4. National Harmful Algal Bloom and Hypoxia Program

    This section requires NOAA to develop and implement a 
comprehensive research plan and action strategy under the 
National Harmful Algal Bloom and Hypoxia Program. This section 
directs the Task Force to periodically review and revise the 
program and specifies the Task Force's role with respect to the 
program, which includes expediting the interagency review 
processes, reviewing funding distribution, and promoting the 
development of new technologies to address HABs and hypoxia.
    This section assigns NOAA, through the Task Force, primary 
responsibility for administering the program, except for the 
freshwater aspects of the program, which are to be carried out 
in coordination with the Administrator of the EPA. Section 4 
requires the Under Secretary of Commerce for Oceans and 
Atmosphere (Under Secretary) to:
          (1) promote the program;
          (2) prepare work and spending plans;
          (3) administer peer-reviewed, merit-based, 
        competitive grant funding;
          (4) coordinate with regional, State, tribal, and 
        local government agencies and programs;
          (5) coordinate with the Secretary of State on 
        international efforts;
          (6) identify additional research, development and 
        demonstration needs;
          (7) integrate, coordinate and augment existing 
        education programs;
          (8) facilitate and provide resources for training 
        State and local coastal and water resource managers;
          (9) support regional efforts to control and mitigate 
        outbreaks;
          (10) convene at least one meeting of the Task Force 
        each year; and
          (11) perform other tasks delegated by the Task Force.
    This section also directs the Under Secretary to: maintain 
and enhance existing competitive programs at NOAA relating to 
HABs and hypoxia; carry out marine and Great Lakes HABs and 
hypoxia response activities; develop and enhance infrastructure 
as necessary; enhance communication and coordination among 
Federal agencies carrying out marine and freshwater HAB and 
hypoxia activities and research; leverage existing resources 
and expertise; and increase availability of resources to 
appropriate public and private entities. Section 4 directs the 
Under Secretary to work cooperatively and avoid duplication 
with other programs, agencies, and entities.
    Finally, this section requires that all data collection and 
monitoring under this title comply with the data standards and 
protocols of the Integrated Coastal and Ocean Observation 
System Act of 2009 (33 U.S.C. 3601 et seq.) and be made 
available through the integrated ocean observing system.

Section 5. Comprehensive research plan and action strategy

    This section directs the Under Secretary, via the Task 
Force, to develop a comprehensive research plan and action 
strategy to address marine and freshwater HABs and hypoxia, and 
to submit the plan and action strategy to Congress within one 
year of the date of enactment of this Act. It requires the 
Action Strategy to identify: specific program activities 
associated with a timeline; roles and responsibilities for each 
Federal agency in the Task Force; and region- and subregion-
specific research needs. With respect to the regional focus of 
the Action Strategy, this section also requires that the Action 
Strategy identify: regional research priorities; needed 
research, development, and demonstration activities; methods 
for reducing the duration and intensity of HABs and hypoxia; 
ways to address the human health impacts of HABs and hypoxia; 
mechanisms to protect affected ecosystems; ways to better share 
data among government and non-government entities; ways to 
improve public dissemination of information about HABs and 
hypoxia; and roles for Federal Agencies to play in implementing 
the Action Strategy.
    Section 5 specifies that, in developing the Action 
Strategy, the Under Secretary must use existing research, 
assessments, reports, and program activities, and that the 
Under Secretary must coordinate with State, tribal, and 
regional officials, including water managers, public health 
officials, economists, industries, and other stakeholders.
    This section requires publication of the Action Strategy in 
the Federal Register, with revisions as necessary.

Section 6. Reporting

    This section requires that, two years after the submission 
of the Action Strategy, the Under Secretary must report to 
Congress on the proceedings of the Task Force meetings, 
activities carried out under the program and the budget for 
those activities, progress made under the Action Strategy, and 
any need to revise or terminate program activities.

Section 7. Northern Gulf of Mexico hypoxia

    Section 7 directs the Administrator of the EPA and the 
Mississippi River/Gulf of Mexico Watershed Nutrient Task Force 
to submit a progress report to Congress describing the progress 
toward attainment of the goals of the Gulf Hypoxia Action Plan 
2008. The initial progress report is due within one year of the 
date of enactment of this Act, and updates are required every 
two years thereafter.

Section 8. Great Lakes hypoxia and harmful algal blooms

    Section 8 requires the Task Force to submit to Congress and 
the President, within 18 months of the date of enactment, an 
integrated assessment of the causes, consequences, and 
approaches for reducing HABs and hypoxia in the Great Lakes. 
This section also requires, within two years of the date of 
enactment, the Task Force to develop and submit to Congress a 
research plan based on the aforementioned integrated 
assessment. This section requires the research plan to address 
issues such as monitoring needs, budgetary requirements and 
timelines, model development and verification, and 
quantification of the ecological and economic effects of HABs 
and hypoxia in the Great Lakes. Finally, this section requires 
that the research plan be developed in consultation with a 
number of stakeholders, leverage existing activities and 
information, and be published in the Federal Register, and 
requires biennial progress reports on the research plan.

Section 9. Application with other laws

    This section clarifies that nothing in this Act supersedes 
or limits the authority of any agency to carry out its 
responsibilities and missions under other laws.

Section 10. Definitions; conforming amendment

    This section provides definitions for the following terms: 
``Action Strategy'' means the comprehensive research plan and 
action strategy established under section 603B of HABHRCA; 
``Administrator'' means the Administrator of the EPA; ``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 breakout; ``Hypoxia'' means a condition 
where low dissolved oxygen in aquatic systems causes stress or 
death to resident organisms; ``Program'' means the national 
harmful algal bloom and hypoxia program established under 
section 603A of HABHRCA; ``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, and 
any other territory or possession of the United States, and any 
Indian tribe; ``Task Force'' means the Interagency Task Force 
established by section 603(a) of HABHRCA; ``Under Secretary'' 
means the Under Secretary of Commerce for Oceans and Atmosphere 
(i.e., Administrator of NOAA); and ``United States Coastal 
Waters'' includes the Great Lakes.

Section 11. Authorization of appropriations

    Section 12 authorizes $20.5 million to be appropriated for 
each of the fiscal years 2014 through 2018 to implement the 
program and the action strategy. Of these appropriations, this 
section requires the Under Secretary to ensure a ``substantial 
portion'' is allocated to extramural research activities.

       XX. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

    HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL ACT OF 1998


TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA

           *       *       *       *       *       *       *


SEC. 603. ASSESSMENTS.

  (a) Establishment of Inter-Agency Task Force.--The President, 
through the Committee on Environment and Natural Resources of 
the National Science and Technology Council, shall establish an 
Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia 
[(hereinafter referred to as the ``Task Force'')]. The Task 
Force shall consist of [the following representatives from] a 
representative from--
          (1) * * *

           *       *       *       *       *       *       *

          (11) the Council on Environmental Quality; [and]
          (12) the Centers for Disease Control and Prevention; 
        and
          [(12) such] (13) other Federal agencies as the 
        President considers appropriate.

           *       *       *       *       *       *       *

  (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. 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. 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. 604. NORTHERN GULF OF MEXICO HYPOXIA.

  [(a) Assessment Report.--Not later than May 30, 1999, the 
Task Force shall complete and submit to Congress and the 
President an integrated assessment of hypoxia in the northern 
Gulf of Mexico that examines: the distribution, dynamics, and 
causes; ecological and economic consequences; sources and loads 
of nutrients transported by the Mississippi River to the Gulf 
of Mexico; effects of reducing nutrient loads; methods for 
reducing nutrient loads; and the social and economic costs and 
benefits of such methods.
  [(b) Submission of a Plan.--No later than March 30, 2000, the 
President, in conjunction with the chief executive officers of 
the States, shall develop and submit to Congress a plan, based 
on the integrated assessment submitted under subsection (a), 
for reducing, mitigating, and controlling hypoxia in the 
northern Gulf of Mexico. In developing such plan, the President 
shall consult with State, Indian tribe, and local governments, 
academic, agricultural, industry, and environmental groups and 
representatives. Such plan shall include incentive-based 
partnership approaches. The plan shall also include the social 
and economic costs and benefits of the measures for reducing, 
mitigating, and controlling hypoxia. At least 90 days before 
the President submits such plan to the Congress, a summary of 
the proposed plan shall be published in the Federal Register 
for a public comment period of not less than 60 days.

[SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

   [There are authorized to be appropriated to the Secretary of 
Commerce for research, education, and monitoring activities 
related to the prevention, reduction, and control of harmful 
algal blooms and hypoxia, $15,000,000 for fiscal year 1999, 
$18,250,000 for fiscal year 2000, $19,000,000 for fiscal year 
2001, $23,500,000 for fiscal year 2005, $24,500,000 for fiscal 
year 2006, $25,000,000 for fiscal year 2007, and $30,000,000 
for each of fiscal years 2008 through 2010, to remain available 
until expended. The Secretary shall consult with the States on 
a regular basis regarding the development and implementation of 
the activities authorized under this section. Of such amounts 
for each fiscal year--
          [(1) $1,500,000 for fiscal year 1999, $1,500,000 for 
        fiscal year 2000, $2,000,000 for fiscal year 2001, and 
        $2,500,000 for each of fiscal years 2005 through 2010 
        may be used to enable the National Oceanic and 
        Atmospheric Administration to carry out research and 
        assessment activities, including procurement of 
        necessary research equipment, at research laboratories 
        of the National Ocean Service and the National Marine 
        Fisheries Service;
          [(2) $4,000,000 for fiscal year 1999, $5,500,000 for 
        fiscal year 2000, $5,500,000 for fiscal year 2001, and 
        $6,500,000, of which $1,000,000 shall be used for the 
        research program described in section 603(f)(2)(B), for 
        each of fiscal years 2005 through 2010 may be used to 
        carry out the Ecology and Oceanography of Harmful Algal 
        Blooms (ECOHAB) project under the Coastal Ocean Program 
        established under section 201(c) of Public Law 102-567;
          [(3) $1,000,000 for fiscal year 1999, $2,000,000 for 
        fiscal year 2000, $2,000,000 for fiscal year 2001, and 
        $3,000,000 for each of fiscal years 2005 through 2010 
        may be used by the National Ocean Service of the 
        National Oceanic and Atmospheric Administration to 
        carry out a peer-reviewed research project on 
        management measures that can be taken to prevent, 
        reduce, control, and mitigate harmful algal blooms and 
        to carry out section 603(d);
          [(4) $5,500,000 for each of the fiscal years 1999, 
        2000, 2001, and $6,000,000 for each of fiscal years 
        2005 through 2010 may be used to carry out Federal and 
        State annual monitoring and analysis activities for 
        harmful algal blooms administered by the National Ocean 
        Service of the National Oceanic and Atmospheric 
        Administration;
          [(5) $3,000,000 for fiscal year 1999, $3,750,000 for 
        fiscal year 2000, $4,000,000 for fiscal year 2001, 
        $4,000,000 for fiscal year 2005, $5,000,000 for fiscal 
        year 2006, $5,500,000 for fiscal year 2007, and 
        $6,000,000 for each of fiscal years 2008 through 2010 
        may be used for activities related to research and 
        monitoring on hypoxia by the National Ocean Service and 
        the Office of Oceanic and Atmospheric Research of the 
        National Oceanic and Atmospheric Administration; and
          [(6) $1,500,000 for each of fiscal years 2005 through 
        2010 to carry out section 603(e).]

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. 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. 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. 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.

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.

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>




                XXII. PROCEEDINGS OF THE FULL COMMITTEE



                          MARKUP ON S. 1254,



                         HARMFUL ALGAL BLOOM



                          AND HYPOXIA RESEARCH



                   AND CONTROL AMENDMENTS ACT OF 2013

                              ----------                              


                         WEDNESDAY, MAY 21, 201

                  House of Representatives,
       Committee on Science, Space, and Technology,
                                            Washington, DC.


    The Committee met, pursuant to call, at 2:02 p.m., in Room 
2318 of the Rayburn House Office Building, Hon. Lamar Smith 
[Chairman of the Committee] presiding.
    Chairman Smith. The Committee on Science, Space, and 
Technology will come to order. Without objection, the Chair is 
authorized to declare recesses of the Committee at any time. 
Pursuant to Committee Rule II(f) and House Rule XI(2)(h)(4), 
the Chair announces that he may postpone roll call votes.
    Today we meet to consider two bills: S. 1254, the Harmful 
Algal Bloom and Hypoxia Research and Control Amendments Act of 
2013, and H.R. 4186, the Frontiers in Innovation, Research, 
Science, and Technology Act of 2014.
    S. 1254 is a bill that passed the Senate by unanimous 
consent. This Committee has considered similar bills in the 
past, and this one seems to have broad support on both sides of 
the aisle.
    [The prepared statement of Mr. Smith follows:]

             Prepared Statement of Chairman Lamar S. Smith

    The first bill for today's mark-up is S. 1254, the Harmful Algal 
Bloom and Hypoxia Research and Control Amendments Act.
    This legislation was introduced by Senator Bill Nelson, chairman of 
the Senate's Science and Space Subcommittee.
    Harmful algal blooms are a significant problem that affects rivers, 
lakes, and tidal areas around the country. Known most often as ``red 
tide,'' harmful algae hurts local economies that are dependent on 
fishing, recreation and tourism.
    Sometimes referred to as ``dead zones,'' Hypoxia harms ecosystems 
and fish populations by decreasing oxygen levels in the water. Our 
current understanding and response to these problems is inadequate.
    In my home state of Texas, red and brown tides often affect our 
bays and coastlines. This damages tourism, harms our fishing industry, 
and impacts public health.
    The bill before us today strengthens scientific research about 
these phenomena, fosters collaboration between federal agencies, 
states, and localities, and advances technological solutions to better 
understand and respond to outbreaks when they occur.
    I want to commend our counterparts in the Senate, especially 
Senator Nelson, for bringing this important issue to us today.
    I would also like to thank the gentleman from Florida, Mr. Posey, 
and Environment Subcommittee Ranking Member, Ms. Bonamici, for the 
bipartisan amendment they will offer.
    The bill before us is a good bill that incorporates input from 
Members on both sides of the aisle. I urge Members to support it.

    Chairman Smith. Pursuant to notice, I now call up S. 1254, 
the Harmful Algal Bloom and Hypoxia Research and Control 
Amendments Act of 2013, and the clerk will report the bill.
    The Clerk. S. 1254, an act to amend the Harmful Algal 
Blooms and Hypoxia Research and Control Act of 1998 and for 
other purposes. Being enacted by the Senate and House of 
Representatives----
    [S. 1254 appears in Appendix I]
    Chairman Smith. Without objection, the bill will be 
considered as read, and I will recognize myself for a brief 
opening statement.
    This legislation was introduced by Senator Bill Nelson, 
Chairman of the Senate Science and Space Subcommittee. Harmful 
algal blooms are a significant problem that affects rivers, 
lakes and tidal areas around the country. Known most often as 
red tide, harmful algae hurts local economies that are 
dependent on fishing, recreation and tourism. Sometimes 
referred to as dead zones, hypoxia harms ecosystems and fish 
populations by decreasing oxygen levels in the water. Our 
current understanding and response to these problems is 
inadequate.
    In my home State of Texas, I might say representing the 
Ranking Member in our home State of Texas, red and brown tides 
often affect our bays and coastlines. This damages tourism, 
harms our fishing industry and impacts public health.
    The bill before us today strengthens scientific research 
about these phenomena, fosters collaboration between Federal 
agencies, states and localities, and advances technological 
solutions to better understand and respond to outbreaks when 
they occur.
    I want to compliment our counterparts in the Senate, 
especially Senator Nelson, for bringing this important issue to 
our attention. I would also like to thank the gentleman from 
Florida, Mr. Posey, and Environment Subcommittee Ranking Member 
Ms. Bonamici for the bipartisan amendment that they will 
shortly offer.
    The bill before us is a good bill that incorporates input 
from Members on both sides of the aisle, and I urge my 
colleagues to support it, and I now will recognize the Ranking 
Member, Ms. Johnson, the gentlewoman from Texas, for her 
opening statement on the bill.
    Ms. Johnson. Thank you very much, Mr. Chairman. I will make 
my opening statement pretty short and put my entire statement 
in the record, if there is no objection.
    I want to commend the Subcommittee Ranking Member, Ms. 
Bonamici, and Congressman Posey for working together to advance 
this important piece of legislation.
    Today, nearly every state is threatened by toxic algae, and 
it is clear that both factors that contribute to the 
development of blooms as well as solutions to control blooms 
vary widely by region, and while I am very supportive of this 
legislation and the bipartisan amendment we are discussing 
next, I would be remiss if I did not note my disappointment 
that this bill was not considered through regular order. While 
some of us have worked on this topic for a number of years, 
more than half of the Members of the Committee have never 
participated in a hearing on harmful algal blooms. Mr. 
Chairman, I think it is important that we do our best to build 
a legislative record and engage both our Subcommittees as well 
as the full membership of this Committee before we mark up any 
legislation within our jurisdiction.
    Nevertheless, I am supportive of the legislation and the 
bipartisan Manager's Amendment, and I yield back.
    [The prepared statement of Ms. Johnson follows:]

       Prepared Statement of Ranking Member Eddie Bernice Johnson

    Thank you, Chairman Smith. The first bill we are marking up today 
is S. 1254, the Harmful Algal Bloom and Hypoxia Research and Control 
Amendments Act. I want to commend Subcommittee Ranking Member Bonamici 
and Congressman Posey for working together to advance this important 
issue. S. 1254 is very similar to legislation passed by the Committee 
and the House in both the 111th and the 112th Congress.
    I am hopeful that the third time will be the charm and we can 
finally get this bill signed by the President.
    While NOAA and the research community have made great strides in 
advancing our understanding of harmful algal blooms and hypoxia, the 
need for continued research and public awareness is greater than ever 
before. The distribution and frequency of harmful algal blooms has 
increased dramatically in recent years.
    Today, nearly every state is threatened by toxic algae, and it is 
clear that both the factors that contribute to the development of 
blooms as well as the solutions to control blooms vary widely by 
region.
    Scientific discoveries made under the program reauthorized by this 
bill will improve coastal and inland water management practices as well 
as our forecasting and early warning capabilities.
    While I am very supportive of the legislation and the bipartisan 
amendment we will discussing next, I would be remiss if I didn't note 
my disappointment that this bill was not considered through regular 
order.
    While some of us have worked on this topic for a number of years, 
more than half of the Members of the Committee have never even 
participated in a hearing on harmful algal blooms. Mr. Chairman, I 
think it is important that we do our best to build a legislative record 
and engage both our Subcommittees as well as the full membership of 
this Committee before we mark up any legislation within our 
jurisdiction.
    Nonetheless, I am supportive of the legislation and the bipartisan 
manager's amendment and I yield back.

    Chairman Smith. Thank you, Ms. Johnson, and we will now 
proceed with the only amendment listed on the roster. This is 
an amendment to be offered by Mr. Posey and Ms. Bonamici, and 
the clerk will report the amendment.
    The Clerk. Amendment to S. 1254 offered by Mr. Posey of 
Florida and Ms. Bonamici of Oregon.
    [The amendment of Mr. Posey and Ms. Bonamici appears in 
Appendix I]
    Chairman Smith. Without objection, the amendment will be 
considered as read and the gentleman from Florida is recognized 
to explain the amendment.
    Mr. Posey. Thank you, Mr. Chairman.
    The amendment amends the program language to focus on 
enhancing and maintaining the existing research activities, 
directs consultation and coordination activities, requires that 
the task force action plan be technically sound and cost-
effective, and eliminates the section on interagency financing.
    Chairman Smith. Has the gentleman concluded his statement?
    Mr. Posey. Of course, I would like to thank you and the 
Ranking Member and colleagues and the Committee for working 
with the co-author, Ms. Bonamici, on this amendment.
    We saw the importance of advancing this important 
legislation in the important research that is funded through 
this program. I want to thank the majority and minority staff 
for working closely to make a few perfecting changes so that we 
can move this bipartisan legislation through the Committee and 
to the Floor.
    There continues to be a need for important research so that 
we can better understand, anticipate, control and mitigate 
harmful algal blooms and hypoxia events.
    There are many factors that contribute to these harmful 
events, nutrient loading and light and temperatures changes to 
name a few. The National Oceanic and Atmospheric Administration 
has listed the economic impact of harmful algal blooms at close 
to $82 million a year for coastal communities alone. I think it 
is likely that the economic impact is significantly larger than 
that. This includes impacts to commercial fisheries, public 
health costs, recreational and tourism impacts, and monitoring 
and management costs.
    In Florida, the Indian River Lagoon experienced an algae 
superbloom in 2011 with reoccurrences in 2012 and 2013. This 
led to a drastic loss of more than half the sea grasses in the 
lagoon. We just had devastating consequences. The lagoon is an 
important environmental and economic asset for the Treasure 
Coast and the Space Coast and spans 156 miles through several 
counties. This is of great interest to several members of the 
Florida delegation, and we have been working to address these 
concerns.
    This legislation before us will serve as one more tool in 
our arsenal to better understand and effectively address the 
underlying contributing factors to the lagoon's degradation. 
The Indian River Lagoon provides an overall estimated $3.5 
billion in overall value and countless hours of recreational 
opportunity. I speak from experience as having raised a family 
on the lagoon.
    This amendment is a bipartisan effort to improve Senate 
Bill 1254 with revisions and clarifications that will authorize 
research and development activities to address harmful algal 
blooms and hypoxia to better understand the causes of 
superblooms like the ones that occurred in Florida in recent 
years.
    Importantly, our bipartisan amendment provides for better 
coordination so that we get the most for each research dollar 
and it clarifies that the bill provides no new regulatory 
authority to participating agencies. By working together 
through better coordination, the bill will make sure the 
Federal agencies work closely with local and state governments 
to avoid duplication. This will stretch research dollars even 
further.
    In an effort to follow the principles of good government 
and protecting taxpayer dollars, we also removed the provisions 
that were included in a Senate bill that would have allowed for 
more significant transferring of funding between agencies but 
we retain the emphasis on collaborative research.
    Again, I appreciate the efforts of the Committee in marking 
this up today, and Mrs. Bonamici for working with us together 
on this amendment. This is a step forward to improve research 
and development activities to address harmful algal blooms and 
hypoxia events throughout the country.
    And with that, Mr. Chairman, I yield back the balance of my 
time.
    [The prepared statement of Mr. Posey follows:]

Representative Bill Posey's Prepared Remarks on Manager's Amendment to 
                                S. 1254

    We saw the importance of advancing this important legislation and 
the important research that is funded through this program.
    I want to thank the majority and minority staff for working closely 
with our offices to make a few perfecting changes so that we can move 
this bipartisan legislation through the committee and to the floor.
    There continues to be a need for important research and so that we 
can better understand, anticipate, control, and mitigate harmful algal 
bloom and hypoxia events. There are many factors that contribute to 
these harmful events, nutrient loading and light and temperature 
changes to name a few.
    The National Oceanic and Atmospheric Administration (NOAA) has 
listed the economic impact of harmful algal blooms at close to $82 
million dollars a year for coastal communities. I think it is likely 
that the economic impact is significantly larger than that. This 
includes impacts to commercial fisheries, public health costs, 
recreational and tourism impacts, and monitoring and management costs.
    In Florida, the Indian River Lagoon experienced an algal superbloom 
in 2011 with re-occurrences in 2012 and 2013. This led to a drastic 
loss of more than half of the sea grasses in the lagon, which has had 
devastating consequences.
    The Lagoon is an important environmental and economic asset for the 
Treasure Coast and the Space Coast and spans 156 miles through several 
counties. This is of great interest to several members of the Florida 
delegation and we have been working to address these concerns. The 
legislation before us will serve as one more tool in our arsenal to 
better understand and effectively address the underlying contributing 
factors to the lagoon's degradation.
    The Indian River Lagoon provides an overall estimated $3.5 billion 
dollars in overall value and countless hours of recreational 
opportunity. I speak from experience, as having raised a family on the 
lagoon.
    This amendment is a bipartisan effort to improve S.1254 with 
revisions and clarifications that will reauthorize research and 
development activities to address harmful algal blooms and hypoxia to 
help better understand the causes of superblooms like the ones that 
occurred in Florida in recent years.
    Importantly, our bipartisan amendment provides for better 
coordination so that we get the most for each research dollar and it 
clarifies that the bill provides no new regulatory authority to 
participating agencies. By working together through better 
coordination, the bill will make sure that federal agencies work 
closely with local and state governments to avoid duplication. This 
will stretch research dollars further.
    In an effort to follow the principles of good government and 
protecting taxpayer dollars, we also remove the provisions that were 
included in the Senate bill that would have allowed for more 
significant transferring of funding between participating agencies but 
we retain the emphasis on collaborative research.
    Again, I appreciate the efforts of the committee in marking up this 
bill and Ms. Bonamici [Bona-Mee-chee] for working with me on this 
amendment. This is a step forward to improve research and development 
activities to address harmful algal blooms and hypoxia events 
throughout the country. And with that Mr. Chairman, I yield back the 
balance of my time.

    Chairman Smith. Thank you, Mr. Posey, and again thank you 
and Ms. Bonamici for offering this amendment, and the 
gentlewoman from Oregon, Ms. Bonamici, is recognized for her 
statement on the amendment.
    Ms. Bonamici. Thank you very much, Mr. Chairman, for 
holding this markup.
    Before I speak in support of the amendment and the 
legislation, I would like to echo the comments of Ranking 
Member Johnson. Because of the importance of establishing a 
legislative record, I would have preferred to have considered 
this legislation through regular order.
    Despite that, I am pleased that we are moving this 
important bill forward. I would like to thank the gentleman 
from Florida, Mr. Posey, for his willingness to work with me on 
an amendment that makes some minor modifications to the 
legislation we are considering today. Authorization for the 
programs under the Harmful Algal Bloom Research and Control Act 
expired in 2010, so the passage of this reauthorization is long 
overdue.
    The rapid overproduction of algae can have devastating 
effects on aquatic plants and animals as well as on human 
health. These effects can translate into negative outcomes for 
coastal and Great Lakes ecosystems in communities that depend 
on fishing, shellfish harvesting and tourism to sustain their 
economies.
    A conservative estimate is that harmful algal blooms cost 
the U.S. coastal communities at least $82 million each year. 
However, the impacts of harmful algal blooms are not confined 
to coastal communities. In fact, last year in Oregon, lakes, 
ponds and reservoirs experienced harmful algal bloom events and 
they were closed to protect human health for a combined total 
of more than 700 days.
    While research has helped advance our understanding of and 
response to harmful algal blooms, the frequency and duration of 
these events and subsequent hypoxic conditions are on the rise. 
This bill directs NOAA to develop and implement a national 
strategy that takes a regional approach to helping communities 
understand, predict, control and mitigate harmful algal blooms 
and hypoxia events. It will not only improve coordination but 
also assess the program's activities to ensure that we are 
prepared for these events and we are able to respond in an 
effective manner.
    This will become increasingly important as coastal 
populations increase and changes in the environment such as 
warmer water temperatures have the potential to alter the 
growth, toxicity and geographic distribution of algal blooms.
    Senate Bill 1254 is similar to legislation passed by this 
Committee and the House in a bipartisan manner in the 111th 
Congress. The stakeholder community has been calling for the 
reauthorization of this critical program and the continuation 
of the good work being undertaken by NOAA.
    I am pleased that Congressman Posey and I were able to come 
together to advance this bill today by offering this bipartisan 
amendment. The amendment provides clarification and response to 
a number of suggestions offered by our colleagues on the 
Natural Resources Committee, which has joint jurisdiction over 
these programs. I also want to recognize Ocean Champions for 
their assistance in drafting this legislation.
    Specifically, this amendment clarifies that the bill does 
not establish any new programs or regulatory authority and that 
research grants awarded under the program must be peer-
reviewed. The amendment also ensures that state and local 
governments along with other stakeholder groups are involved in 
efforts to reduce harmful algal blooms and hypoxia. Because 
freshwater ecosystems are also susceptible to HABs, the 
amendment makes certain that the plan to address harmful algal 
blooms and hypoxia events in the Great Lakes is cost-effective 
and technically feasible.
    And finally, the amendment addresses concerns about the 
transfer of funds between Federal agencies involved in the 
program's task force without Congressional approval by striking 
the section authorizing interagency funding.
    This amendment is the product of discussions between the 
majority and the minority and between Mr. Posey's office and my 
office, and I appreciate the staff for their hard work on this. 
It is a good bipartisan amendment that improves the bill and 
ensures an effective program. I urge my colleagues to support 
the amendment and the underlying bill. The more we fully 
understand when and where harmful algal blooms occur and how 
they respond to a changing environment, the better equipped we 
will be to manage these events and reduce the environmental and 
economic harm they cause.
    Thank you very much, Mr. Chairman, and I yield back the 
balance of my time.
    [The prepared statement of Ms. Bonamici follows:]

    Representative Suzanne Bonamici's Prepared Remarks on Manager's 
                          Amendment to S. 1254

    Thank you, Mr. Chairman for holding this markup. Before I speak in 
support of the amendment and the legislation, I'd like to echo the 
comments of the Ranking Member. I would have preferred to have 
considered this legislation through regular order, but despite that I 
am pleased we are moving this important bill forward. I'd like to thank 
the gentleman from Florida, Mr. Posey, for his willingness to work with 
me on an amendment that makes some minor modifications to the 
legislation we are considering today. Authorization for the programs 
under the Harmful Algal Bloom Research and Control Act expired in 2010, 
so the passage of this to reauthorize those programs is long overdue.
    As many of you are aware, the rapid overproduction of algae can 
have devastating effects on aquatic plants and animals as well as on 
human health. These effects can translate into negative outcomes for 
coastal and Great Lakes ecosystems and communities that depend on 
fishing, shellfish harvesting, and tourism to sustain their economies. 
A conservative estimate is that harmful algal blooms cost U.S. coastal 
communities at least $82 million dollars each year. However, the 
impacts of harmful algal blooms are not confined to coastal communities 
in my state. In fact, last year in Oregon, lakes, ponds, and reservoirs 
experiencing HABs events were closed to protect public health for a 
combined total of 731 days.
    While research has helped advance our understanding of and response 
to harmful algal blooms, the frequency and duration of these events and 
subsequent hypoxic conditions are on the rise.
    This bill directs NOAA to develop and implement a national strategy 
that takes a regional approach to helping communities understand, 
predict, control, and mitigate harmful algal bloom and hypoxia events. 
It will not only improve coordination, but also assess the program's 
activities to ensure we are prepared for these events and are able to 
respond in an effective manner. This will become increasingly important 
as coastal populations increase and changes in the environment, such as 
warmer water temperatures, have the potential to alter the growth, 
toxicity, and geographic distribution of algal blooms.
    S.1254 is very similar to legislation passed by this Committee and 
the House in a bipartisan manner in the 111th Congress. The stakeholder 
community has been calling for the reauthorization of this critical 
program and the continuation of the good work being undertaken by NOAA. 
I am pleased that Congressman Posey and I were able to come together to 
advance this bill today by offering this bipartisan amendment. The 
amendment provides clarification and responds to a number of 
suggestions offered by our colleagues on the Natural Resources 
Committee, who have joint jurisdiction over these programs.
    Specifically, the amendment clarifies that the bill does not 
establish any new programs or regulatory authority and that research 
grants awarded under the program must be peer-reviewed. The amendment 
also ensures that State and local governments, along with other 
stakeholder groups, are involved in efforts to reduce harmful algal 
blooms and hypoxia. Because freshwater ecosystems are also susceptible 
to HABs, the amendment makes certain that the plan to address harmful 
algal blooms and hypoxia events in the Great Lakes is cost-effective 
and technically feasible. And finally, the amendment addresses concerns 
about the transfer of funds between federal agencies involved in the 
Program's task force without Congressional approval by striking the 
section authorizing interagency financing.
    This amendment is the product of discussions between the majority 
and the minority, and between my office and Mr. Posey's office. It is a 
good bipartisan amendment that improves the bill and ensures an 
effective program. I urge my colleagues to support the amendment and 
the underlying bill.
    The more fully we understand when and where harmful algal blooms 
occur and how they respond to a changing environment, the better 
equipped we will be to manage these events and reduce the environmental 
and economic harm they cause.
    Thank you, Mr. Chairman and I yield back the balance of my time.

    Chairman Smith. Thank you, Ms. Bonamici.
    Are there any other discussion on this amendment?
    If not, the question is on agreeing to the amendment 
offered by Mr. Posey and Ms. Bonamici.
    All in favor say aye.
    All opposed, no.
    In the Chair's opinion, the ayes have it and the amendment 
is agreed to.
    If there are no further amendments, a reporting quorum 
being present, the question is on the bill S. 1254 as amended.
    Those in favor, say aye.
    Opposed, nay.
    The ayes have it. The bill is amended is ordered reported 
favorably.
    Without objection, the motion to reconsider is laid upon 
the table, and I move that the bill S. 1254 as amended be 
favorably reported to the House and the staff be authorized to 
make any necessary technical and conforming changes. Without 
objection, so ordered.
                               Appendix I

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     S. 1254, HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL 
                         AMENDMENTS ACT OF 2013

                Section-by-Section Analysis, Amendments

                            Amendment Roster



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             Section-by-Section Analysis of the Legislation

  S. 1254, THE HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND CONTROL 
                         AMENDMENTS ACT OF 2013

Section 1. Short Title.

    This section establishes the short title as the Harmful Algal 
Blooms and Hypoxia Research and Control Amendments Act of 2013.

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

    Section 2 clarifies that any reference in this Act to an amendment 
or repeal is to the Harmful Algal Bloom and Hypoxia Research and 
Control Act of 1998, unless otherwise specified.

Section 3. Interagency Task Force on Harmful Algal Blooms and Hypoxia.

    This section adds the Centers for Disease Control (CDC) to the Task 
Force.

Section 4. National Harmful Algal Bloom and Hypoxia Program.

    This section requires NOAA to develop and implement a comprehensive 
research plan and action strategy under the National Harmful Algal 
Bloom and Hypoxia Program.
    This section directs the Task Force to periodically review and 
revise the program and specifies the Task Force's role with respect to 
the program, which includes expediting the interagency review 
processes, reviewing funding distribution, and promoting the 
development of new technologies to address HABs and hypoxia.
    This section assigns NOAA, through the Task Force, primary 
responsibility for administering the program, except for the freshwater 
aspects of the program, which are to be carried out in coordination 
with the Administrator of the EPA. Section 4 requires the Under 
Secretary of Commerce for Oceans and Atmosphere (Under Secretary) to:

    
  (1) promote the program;
    
  (2) prepare work and spending plans;
    
  (3) administer merit-based, competitive grant funding;
    
  (4) coordinate with regional, State, tribal, and local 
government agencies and programs;
    
  (5) coordinate with the Secretary of State on 
international efforts;
    
  (6) identify additional research, development and 
demonstration needs;
    
  (7) integrate, coordinate and augment existing education 
programs;
    
  (8) facilitate and provide resources for training State 
and local coastal and water resource managers;
    
  (9) support regional efforts to control and mitigate 
outbreaks;
    
  (10) convene at least one meeting of the Task Force each 
year; and
    
  (11) perform other tasks delegated by the Task Force.

    This section also directs the Under Secretary to: maintain and 
enhance existing competitive programs at NOAA relating to HABs and 
hypoxia; carry out marine and Great Lakes HABs and hypoxia response 
activities; establish new programs and infrastructure as necessary; 
enhance communication and coordination among Federal agencies carrying 
out marine and freshwater HAB and hypoxia activities and research; 
leverage existing resources and expertise; and increase availability of 
resources to appropriate public and private entities. Section 4 directs 
the Under Secretary to work cooperatively and avoid duplication with 
other programs, agencies, and entities.
    Finally, this section requires that all data collection and 
monitoring under this title comply with the data standards and 
protocols of the Integrated Coastal and Ocean Observation System Act of 
2009 (33 U.S.C. 3601 et seq.) and be made available through the 
integrated ocean observing system.

Section 5. Comprehensive Research Plan and Action Strategy.

    This section directs the Under Secretary, via the Task Force, to 
develop a comprehensive research plan and action strategy to address 
marine and freshwater HABs and hypoxia, and to submit the plan and 
action strategy to Congress within one year of the date of enactment of 
this Act. It requires the Action Strategy to identify: specific program 
activities associated with a timeline; roles and responsibilities for 
each Federal agency in the Task Force; and region- and subregion 
specific research needs. With respect to the regional focus of the 
Action Strategy, this section also requires that the Action Strategy 
identify: regional research priorities; needed research, development, 
and demonstration activities; methods for reducing the duration and 
intensity of HABs and hypoxia; ways to address the human health impacts 
of HABs and hypoxia; mechanisms to protect affected ecosystems; ways to 
better share data among government and non-government entities; ways to 
improve public dissemination of information about HABs and hypoxia; and 
roles for Federal Agencies to play in implementing the Action Strategy.
    Section 5 specifies that, in developing the Action Strategy, the 
Under Secretary must use existing research, assessments, reports, and 
program activities, and that the Under Secretary must coordinate with 
State, tribal, and regional officials, including water managers, public 
health officials, economists, industries, and other stakeholders.
    This section requires publication of the Action Strategy in the 
Federal Register, with revisions as necessary.

Section 6. Reporting.

    This section requires that, two years after the submission of the 
Action Strategy, the Under Secretary must report to Congress on the 
proceedings of the Task Force meetings, activities carried out under 
the program and the budget for those activities, progress made under 
the Action Strategy, and any need to revise or terminate program 
activities.

Section 7. Northern Gulf of Mexico Hypoxia.

    Section 7 directs the Administrator of the EPA and the Mississippi 
River/Gulf of Mexico Watershed Nutrient Task Force to submit a progress 
report to Congress describing the progress toward attainment of the 
goals of the Gulf Hypoxia Action Plan 2008. The initial progress report 
is due within one year of the date of enactment of this Act, and 
updates are required every two years thereafter.

Section 8. Great Lakes Hypoxia and Harmful Algal Blooms.

    Section 8 requires the Task Force to submit to Congress and the 
President, within 18 months of the date of enactment, an integrated 
assessment of the causes, consequences, and approaches for reducing 
HABs and hypoxia in the Great Lakes. This section also requires, within 
two years of the date of enactment, the Task Force to develop and 
submit to Congress a research plan based on the aforementioned 
integrated assessment. This section requires the research plan to 
address issues such as monitoring needs, budgetary requirements and 
timelines, model development and verification, and quantification of 
the ecological and economic effects of HABs and hypoxia in the Great 
Lakes. Finally, this section requires that the research plan be 
developed in consultation with a number of stakeholders, leverage 
existing activities and information, and be published in the Federal 
Register, and requires biennial progress reports on the research plan.

Section 9. Application with other Laws.

    This section clarifies that nothing in this Act supersedes or 
limits the authority of any agency to carry out its responsibilities 
and missions under other laws.

Section 10. Definitions; Conforming Amendment.

    This section provides definitions for the following terms: `Action 
Strategy' means the comprehensive research plan and action strategy 
established under section 603B of HABHRCA; `Administrator' means the 
Administrator of the EPA; `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 breakout; `Hypoxia' means a condition 
where low dissolved oxygen in aquatic systems causes stress or death to 
resident organisms; `Program' means the national harmful algal bloom 
and hypoxia program established under section 603A of HABHRCA; `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, and 
any other territory or possession of the United States, and any Indian 
tribe; `Task Force' means the Interagency Task Force established by 
section 603(a) of HABHRCA; `Under Secretary' means the Under Secretary 
of Commerce for Oceans and Atmosphere (i.e., Administrator of NOAA); 
and `United States Coastal Waters' includes the Great Lakes.

Section 11. Interagency Financing.

    This section allows agencies represented on the Task Force to 
participate in interagency financing to carry out administrative or 
programmatic projects or activities under HABHRCA.

Section 12. Authorization of Appropriations.

    Section 12 authorizes $20.5 million to be appropriated for each of 
the fiscal years 2014 through 2018 to implement the program and the 
action strategy. Of these appropriations, this section requires the 
Under Secretary to ensure a `substantial portion' is allocated to 
extramural research activities.
                               Amendments

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                            Amendment Roster

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