Marine Harmful Algal Blooms (HABs): Background, Statutory Authorities, and Issues for Congress

Marine Harmful Algal Blooms (HABs): Background, Statutory Authorities, and Issues for Congress

Marine Harmful Algal Blooms (HABs):
September 27, 2021
Background, Statutory Authorities, and Issues
Eva Lipiec
for Congress
Analyst in Natural
Resources Policy
Experts agree that the widespread occurrence and effects of harmful algal blooms (HABs) have

adversely affected humans and the environment and that they likely will continue to do so. HABs
may affect human, animal, and ecosystem health, and they may have socioeconomic

consequences. A range of stakeholders—including federal, state, local, and tribal governments,
the private sector, and individuals—have supported actions to prevent, control, mitigate, and research aspects of HABs;
Congress has considered and may continue to consider additional actions to address HAB events.
Algae are naturally occurring components of healthy fresh and marine water ecosystems. However, under certain
environmental conditions, colonies of algae can grow excessively or can result in HABs. Several factors may influence the
occurrence and prevalence of HABs, including nutrient concentrations, water temperature, availability of light, water pH,
shape of the coastline, other organisms in the water, and water currents or circulation. Experts widely recognize excessive
nutrients as one of the key causes of HAB formation. Studies have found that changes to several environmental conditions,
such as water temperature and precipitation, from the effects of climate change may lead to additional HAB events. Dying
and decomposing HABs also can lead to areas with low oxygen (hypoxia), further harming aquatic ecosystems.
Congress has taken action to address HABs primarily through the Harmful Algal Bloom and Hypoxia Research and Control
Act (HABHRCA; P.L. 105-383, as amended) and its amendments. In provisions of other legislation and through annual
appropriations bills and accompanying language, Congress also has directed various federal agencies to support specific
HAB-related activities. In addition, Congress has instructed agencies to carry out activities to address factors that may
contribute to HAB formation. A 2016 Government Accountability Office study found that multiple federal agencies reported
HAB-related activities, with 12 federal agencies spending a total of $110 million on these activities over the course of
FY2013-FY2015.
Congress has directed the National Oceanic and Atmospheric Administration (NOAA) to carry out the majority of HAB-
related activities in marine waters. NOAA also has some responsibilities related to HABs in freshwater settings, such as the
Great Lakes. These activities include coordination, research, monitoring, detection, forecasting, and mitigation. Congress also
instructed NOAA to (1) release guidance on HABs and hypoxia events of national significance in coastal waters and (2)
update national estimates of the socioeconomic impacts of HABs, among other tasks. NOAA reported that the agency spent
$39.45 million on HAB-related activities between FY2013 and FY2015. Additional departments and agencies, such as the
U.S. Army Corps of Engineers, U.S. Department of Agriculture, U.S. Environmental Protection Agency (EPA), and National
Science Foundation, also have statutory responsibilities related to HABs, including authorities specific to marine HABs.
Congress has directed several federal agencies to participate in marine HAB-related interagency coordination efforts through
a federal task force (the Interagency Task Force on HABs and Hypoxia established under HABHRCA) and regional efforts,
such as a federal working group on the Gulf of Mexico. Currently NOAA, EPA, and the White House Office of Science and
Technology Policy serve as cochairs of the Interagency Task Force on HABs and Hypoxia. Congress directed the Secretary
of Commerce to lead many of the task force’s activities; the Secretary delegated these responsibilities to NOAA. Federal
agencies also coordinate their activities with nonfederal entities at the regional, national, and international levels. Several
federal and nonfederal entities have identified research and policy needs to address HABs. Needs have centered on
establishing strategies to prevent and control HABs and assess HAB exposure; understanding how multiple factors may
contribute to HABs; evaluating the socioeconomic impacts of HABs; and assembling national datasets of environmental
conditions before and during events.
Potential issues for congressional consideration may include an evaluation of federal marine HAB-related activity
expenditures, an assessment of federal performance and coordination regarding marine HABs, the establishment of new or
adjustment of existing marine HAB authorities and funding, and other concerns.
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Contents
What Are Marine Harmful Algal Blooms? ...................................................................................... 1
HAB Effects .............................................................................................................................. 2
Factors Contributing to Marine HAB Formation ...................................................................... 4
Marine HAB Incidence and Trends ........................................................................................... 5
Federal Activities to Address Marine HABs ................................................................................... 6
Federal Agency Marine HAB Statutory Authorities ................................................................. 8
Federal Agency HAB Funding ................................................................................................ 14
NOAA HAB Authorities ......................................................................................................... 15
HAB and Hypoxia Events of National Significance ......................................................... 16
Socioeconomic Impacts of HABs ..................................................................................... 17
NOAA HAB Expenditures ...................................................................................................... 17
Federal Interagency and Other Coordination ................................................................................ 18
Interagency Task Force on Harmful Algal Blooms and Hypoxia ........................................... 19
Task Force Responsibilities .............................................................................................. 20
Mississippi River/Gulf of Mexico Watershed Nutrient Task Force ........................................ 21
U.S. National Office for Harmful Algal Blooms ..................................................................... 22
International Coordination ...................................................................................................... 23
Potential Issues for Congress......................................................................................................... 24
Federal Marine HAB Expenditures ......................................................................................... 24
Federal Performance and Coordination on Marine HAB-Related Activities .......................... 25
New and Existing Federal Marine HAB Authorities .............................................................. 25
New and Existing Federal Marine HAB Funding ................................................................... 26
Additional Considerations ....................................................................................................... 26

Figures
Figure 1. Harmful Algal Bloom (HAB) Offshore of San Diego County, CA ................................. 2
Figure 2. How Dead Zones Typically Form .................................................................................... 3
Figure 3. Marine HAB Events in the United States Through 2020 ................................................. 6
Figure 4. Coastal HAB Monitoring and Forecasting ..................................................................... 16

Tables
Table 1. Potential Actions to Prevent or Address the Impacts of Karenia brevis in the Gulf
of Mexico ..................................................................................................................................... 6
Table 2. Federal Departments and Agencies Supporting HAB-Related Activities .......................... 7
Table 3. Enacted Legislation Regarding Marine HABs .................................................................. 9
Table 4. Statutorily Required Departments and Agencies on the Interagency Task Force
on HABs and Hypoxia ............................................................................................................... 19

Table A-1. Summary of HAB-Related Provisions in Explanatory Statement and
Committee Reports Accompanying the FY2021 Appropriations Act (P.L. 116-260) ................ 27
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Table A-2. Federal HAB and Hypoxia Action Strategy Recommendations and Progress in
Implementation ........................................................................................................................... 29

Appendixes
Appendix. Harmful Algal Blooms: Related FY2021 Appropriations Provisions and
Federal Strategy Recommendations and Progress ..................................................................... 27

Contacts
Author Information ........................................................................................................................ 30

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Marine Harmful Algal Blooms (HABs): Background, Statutory Authorities, and Issues

arine harmful algal blooms (HABs) have affected and likely will continue to affect U.S.
coastal communities. HABs may affect human, animal, and ecosystem health and may
M have socioeconomic consequences. A range of stakeholders—including individuals;
local, state, and tribal governments; the federal government; nongovernmental organizations; and
the private sector—may have a role in preventing the development of HABs and mitigating their
effects. Congress historically has supported a range of federal agency activities related to marine
HABs.
This report concentrates on marine HABs, although there may be overlap between marine and
freshwater HAB types in places where rivers meet the ocean.1 The report provides background on
marine HABs, including their effects, factors that may contribute to their development, and
geographic incidence and trends. It then discusses federal agency, interagency, and
interorganizational activities to address marine HABs. Finally, the report offers several issues for
Congress to potentially consider, including an evaluation of federal marine HAB-related activity
expenditures, an assessment of federal performance and coordination regarding marine HABs, the
establishment of new or adjustment of existing marine HAB authorities and funding, and other
concerns.
What Are Marine Harmful Algal Blooms?
Algae are naturally occurring photosynthetic organisms often part of healthy aquatic ecosystems.
However, under certain environmental conditions, colonies of algae can grow excessively, or
bloom, and produce toxins or have other harmful effects. These HABs may be caused by
organisms of different sizes and types, including phytoplankton, cyanobacteria, benthic algae, or
macroalgae, among other organisms.2
HAB species occur in waters of various salinities or may form only in waters of a specific
salinity. Some HAB species can move from freshwater locations into areas with greater salinity,
such as estuaries or the ocean, through the natural movement of water or via human activities.3
Cyanobacteria, a type of photosynthetic bacteria, often cause algal blooms in freshwater and
occasionally cause them in marine water, sometimes turning the water a bright blue-green color.4
HAB species such as golden algae and brown tides may discolor brackish estuarine waters.5
Dinoflagellates and diatoms, two types of phytoplankton, are the most common HAB species in
marine and brackish waters;6 these algae may cause the water to turn red and brown.

1 For more information on harmful algal blooms that form in freshwater, see CRS Report R44871, Freshwater Harmful
Algal Blooms: Causes, Challenges, and Policy Considerations, by Laura Gatz.
2 National Oceanic and Atmospheric Administration (NOAA), National Ocean Service, “Harmful Algal Blooms
Frequently Asked Questions,” at https://oceanservice.noaa.gov/hazards/hab/. Hereinafter cited as NOAA, “HABs
FAQs.” According to NOAA, phytoplankton are microscopic marine algae, benthic algae are associated with or occur
on the bottom of a body of water, and macroalgae are algae that can be seen without the aid of a microscope (i.e.,
seaweed).
3 Human activities may include, for example, increased flow of water from lakes and reservoirs to coastal areas during
high-water episodes in highly managed systems.
4 NOAA, “HABs FAQs.”
5 NOAA, “HABs FAQs.”
6 NOAA, “HABs FAQs.”
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Figure 1. Harmful Algal Bloom (HAB) Offshore of San Diego County, CA

Source: National Oceanic and Atmospheric Administration (NOAA), “Why Do HABs Happen?,” at
https://www.noaa.gov/what-is-harmful-algal-bloom.
HAB Effects
HABs may affect human, animal, and ecosystem health and may have socioeconomic impacts
and costs.7 HABs sometimes produce discolorations in the water that can appear as scums, paint-
like slicks, clotted mats, or foam and may vary in color (i.e., light to dark green, yellow, red, or
brown; Figure 1). HABs, in some cases, may wash up onshore and decompose, causing nuisance
or harmful air-quality concerns. In addition to aesthetic concerns, HABs can contribute to poor
water quality and ecosystem health numerous ways. For example, excessive algal growth may
reduce water transparency (i.e., increase turbidity), clog the gills of fish and invertebrates, and
change the biological community (e.g., smother corals and submerged aquatic vegetation).8
As algae dies, the decomposition process uses oxygen in the water. This process may leave
waterways in a low-oxygen, or hypoxic, state, sometimes leading to the formation of dead
zones—areas where aquatic life cannot survive (Figure 2). Hypoxic areas can suffocate and kill
fish and bottom-dwelling organisms, such as crabs and clams. According to the U.S.
Environmental Protection Agency (EPA), over 166 dead zones have been documented
nationwide, including in the Chesapeake Bay and the Gulf of Mexico.9

7 North Pacific Marine Science Organization (PICES), GlobalHAB: Evaluating, Reducing and Mitigating the Cost of
Harmful Algal Blooms: A Compendium of Case Studies, PICES Scientific Report No. 59, November 2020, p. 95, at
https://meetings.pices.int/publications/scientific-reports/Report59/Rpt59.pdf. Hereinafter cited as PICES, Compendium
of Case Studies, 2020.
8 NOAA, “Why Do HABs Happen?,” at https://www.noaa.gov/what-is-harmful-algal-bloom.
9 U.S. Environmental Protection Agency (EPA), “Nutrient Pollution, The Effects: Environment,” at
https://www.epa.gov/nutrientpollution/effects-environment.
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Figure 2. How Dead Zones Typically Form

Source: CRS, adapted from National Science and Technology Council, Subcommittee on Ocean Science and
Technology, Harmful Algal Blooms and Hypoxia Comprehensive Research Plan and Action Strategy: An Interagency
Report, 2016, at https://cdn.coastalscience.noaa.gov/page-attachments/research/FINAL_HABs Hypoxia Research
Plan and Action.pdf.
Of the thousands of known algal species, more than 100 can produce toxins that are harmful to
humans and wildlife.10 The types of algae, the toxins they may produce, and the effects of these
toxins vary from region to region.11 Common toxins in marine HABs include brevetoxin,
azpiracid, ciguatoxin, domoic acid, okadaic acid, saxitoxin, and dinophysistoxin.12 Humans may
be exposed to HAB toxins by consuming tainted drinking water, seafood, or foods watered with
contaminated irrigation water; swimming or recreating in waters in which certain concentrations
of toxins are present; or inhaling aerosolized toxins.13 The toxins also can impact fish, shellfish,
invertebrates, pets, and other animals. Exposure to the HAB-associated toxins can cause hepatic
(liver-related), neurologic, respiratory, dermatologic, and other symptoms in humans, as well as in
wildlife.14 Symptoms may be acute or chronic, mild or severe, and in some cases may be fatal for
both humans and animals.

10 Øjvind Moestrup, et al., “IOC-UNESCO Taxonomic Reference List of Harmful Micro Algae” at
http://www.marinespecies.org/hab; and U.S. National Office for Harmful Algal Blooms, “HAB Species by Name,” at
https://hab.whoi.edu/species/species-by-name/.
11 NOAA, “HABs FAQs.”
12 Centers for Diseases Control and Prevention (CDC), “Harmful Algal Bloom (HAB)-Associated Illness—Saltwater
Algal Blooms,” at https://www.cdc.gov/habs/illness-symptoms-marine.html.
13 National Science and Technology Council (NSTC), Subcommittee on Ocean Science and Technology, Harmful
Algal Blooms; and Hypoxia Comprehensive Research Plan and Action Strategy: An Interagency Report, 2016.
Hereinafter cited as NSTC, HABs Report, 2016.
14 NSTC, HABs Report, 2016; Hans W. Paerl, Timothy G. Otten, and Raphael Kudela, “Mitigating the Expansion of
Harmful Algal Blooms Across the Freshwater-to-Marine Continuum,” Environmental Science and Technology, vol. 52
(April 16, 2018), pp. 559-5529. Hereinafter cited as Paerl, Otten, and Kudela, “Mitigating HABs,” 2018.
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HABs may have socioeconomic effects, which differ based on the characteristics and magnitude
of the HAB event.15 Direct and indirect impacts of HABs may include costs related to recreation
and tourism, commercial fisheries, public health, and monitoring and management costs.16
According to some experts, there is a lack of consistent data on the socioeconomic impacts of
marine HABs at the national and regional scales.17 A 2006 report is the most recent
comprehensive national evaluation of the average annual economic effects of HABs in the United
States.18 Using available information from 1987 through 2000, the report estimated an annual
average of $82 million (2005 dollars) in economic effects associated with marine HAB impacts
on public health, commercial fisheries, recreation and tourism, and monitoring and
management.19 More recent information about the economic impacts of marine HABs is available
for certain regions and HAB events.20 For example, NOAA reported that an HAB along the West
Coast in 2015 caused a $97 million loss in the commercial Dungeness crab fishery, with an
additional $40 million lost in tourism spending in Washington State.21 In another study, 12
counties on Florida’s west coast reported a total of $130.6 million in physical and economic
damages due to red tide events between August and December 2018.22
Factors Contributing to Marine HAB Formation
Many factors may influence the occurrence and prevalence of HABs in marine waters, including
nutrient concentrations, water temperature and pH, availability of light, shape of the coastline,
other organisms in the water, and water currents or circulation.23 Some scientists note that factors
such as pollution, food-web alterations, and the introduction of HAB species into new regions due
to international commerce and water-flow modifications also may contribute to HAB formation.24

15 PICES, Compendium of Case Studies, 2020, p. 95.
16 Florida Sea Grant, “Understanding Florida’s Red Tide,” at https://www.flseagrant.org/news/2018/12/understanding-
floridas-red-tide/.
17 Isabella Sanseverino et al., Algal Bloom and Its Economic Impact, European Commission Joint Research Centre
(JRC), JRC Technical Reports EUR 27905 EN, 2016, p. 22.
18 Porter Hoagland and Sara Scatasta, “The Economic Effects of Harmful Algal Blooms,” in Ecology of Harmful Algae,
vol. 189 (2006). Hereinafter cited as Hoagland and Scatasta, “Economic Effects,” 2006.
19 The authors separated the economic effects into four categories: (1) public health related to the “costs of morbidities
or mortalities that result from eating shellfish contaminated” by various toxins; (2) commercial fisheries related to
closures of shellfisheries and aquaculture operations, mortalities of shellfish or fish in aquaculture operations,
prohibitions on the commercial sale of recreational fish, untapped fishery resources, and other indirect effects; (3)
recreation and tourism based on “incompletely documented economic impact estimates” for two events, in North
Carolina and Washington, respectively; and (4) monitoring and management costs based on information from state
governments, where available (Hoagland, and Scatasta, “Economic Effects,” 2006, pp. 398-401).
20 For additional examples of economic impacts, especially in other countries, see PICES, Compendium of Case
Studies, 2020.
21 NOAA lists several more estimates of economic losses due to HABs at NOAA, NOAA Fisheries, “Hitting Us Where
It Hurts: The Untold Story of Harmful Algal Blooms,” at https://noaa.maps.arcgis.com/apps/Cascade/index.html?
appid=9e6fca29791b428e827f7e9ec095a3d7.
22 Tampa Bay Regional Planning Council Regional Economic Analysis Program, The Economic Ripples Effects of
Florida Red Tide, January 2019.
23 NOAA, “Why Do HABs Happen?,” at https://www.noaa.gov/what-is-harmful-algal-bloom.
24 NSTC, HABs Report, 2016, p. 11; and U.S. National Office for Harmful Algal Blooms, “Recent Trends: National
changes,” at https://hab.whoi.edu/maps/regions-us-distribution/regions-us-recent-trends/. Hereinafter cited as U.S.
National Office for HABs, “Recent Trends.”
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Excessive nutrients are widely recognized as one of the key causes of HAB formation.25
Nutrients, such as nitrogen and phosphorus, are essential to plant growth and are natural parts of
aquatic ecosystems. Although some sources of nutrients in water bodies are natural, many
anthropogenic activities contribute nutrients to waterbodies from various sources, including the
following:
 Municipal and industrial wastewater discharges
 Concentrated animal feeding operations
 Failing septic systems
 Atmospheric deposition of nitrogen from fossil fuel combustion
 Runoff from urban and suburban stormwater, fertilized cropland, and manure
from cropland, pastures, and animal feeding operations 26
Environmental conditions related to climate change also may affect marine HAB development.
Some studies indicate that increased water temperatures and changes in rainfall frequency and
intensity may favor HAB formation, as HABs generally proliferate in warmer waters.27 Other
studies have found that swings between flooding and drought also may enhance HAB formation.
For example, if intense rainfall is followed by a drought, the nutrients washed into receiving
coastal water bodies may remain in the water bodies for longer than average, increasing the
potential for HAB development.28
Marine HAB Incidence and Trends
HABs have been found in all U.S. coastal marine states (Figure 3).29 Coastal U.S. waters are
home to most major HAB poisoning syndromes, such as paralytic shellfish poisoning, neurotoxic
shellfish poisoning, amnesic shellfish poisoning, and ciguatera fish poisoning.30
Some experts assert that the frequency and distribution of HABs, the economic costs associated
with them, the types of resources affected, and the number of toxins and toxic species all have
increased in recent decades.31 Several factors may contribute to greater incidence, including, in

25 NSTC, HABs Report, 2016, p. 11; and EPA “Nutrient Pollution: Harmful Algal Blooms,” at https://www.epa.gov/
nutrientpollution/harmful-algal-blooms#cause.
26 EPA “Nutrient Pollution: Sources and Solutions,” at https://www.epa.gov/nutrientpollution/sources-and-solutions;
EPA, Office of Water, A Compilation of Cost Data Associated with the Impacts and Control of Nutrient Pollution, EPA
820-F-15-096, May 2015, pp. IV-23; and NSTC, HABs Report, 2016, p. 11.
27 Hans W. Paerl and Jef Huisman, “Climate Change: A Catalyst for Global Expansion of Harmful Cyanobacterial
Blooms,” Environmental Microbiology Reports, 1 (1) 2009, pp. 27-37 (Hereinafter cited as Paerl and Huisman,
“Climate Change,” 2009); Paerl, Otten, and Kudela, “Mitigating HABs,” 2018; NSTC, HABs Report, 2016, p. 12; and
U.S. Global Change Research Program, Impacts, Risks, and Adaptation in the United States: Fourth National Climate
Assessment, Volume II, 2018.
28 Paerl and Huisman, “Climate Change,” 2009; and Paerl, Otten, and Kudela, “Mitigating HABs,” 2018.
29 NOAA, “What is a harmful algal bloom?” at https://www.noaa.gov/what-is-harmful-algal-bloom. Congress has
defined the Great Lakes as coastal waters, however the Great Lakes contain fresh, rather than marine, waters. For more
information on freshwater HABs see, CRS Report R44871, Freshwater Harmful Algal Blooms: Causes, Challenges,
and Policy Considerations, by Laura Gatz.
30 U.S. National Office for Harmful Algal Blooms, “Distribution of HABs in the U.S.,” at https://hab.whoi.edu/maps/
regions-us-distribution/.
31 NSTC, HABs Report, 2016, pp. 10-11; and U.S. National Office for Harmful Algal Blooms, “Recent Trends.”
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some cases, better detection methods, increased observations, and other factors described in the
section “Factors Contributing to Marine HAB Formation.”32
Figure 3. Marine HAB Events in the United States Through 2020

Source: CRS from U.S. National Office for Harmful Algal Blooms, “Distribution of HABs in the U.S.,” at
https://hab.whoi.edu/maps/regions-us-distribution/. According to the Woods Hole Oceanographic Institution
(WHOI), data were obtained from the Harmful Algae Event Database (HAEDAT) maintained by the International
Council for the Exploration of the Sea, Science and Communications Center in Vigo, Spain. Graphic created by
the National Office for Harmful Algal Blooms at WHOI.
Notes: ASP = amnesic shellfish poisoning; DSP = diarrhetic shellfish poisoning; HAB = harmful algal bloom; NSP
= neurotoxic shellfish poisoning; PSP = paralytic shellfish poisoning; USVI = U.S. Virgin Islands. According to the
U.S. National Office for Harmful Algal Blooms, “each ‘Event’ noted on the map is considered to be something
that constituted a quarantine, closure or management decision where toxicity was detected exceeding regulatory
limits.”
Federal Activities to Address Marine HABs
Experts have identified various interventions that stakeholders (including federal, state, or local
government; nongovernmental organizations; individuals; and others) may take to address HABS.
See Table 1 for some potential actions to prevent, control, understand, and reduce the impacts of
Karenia brevis, or red tide, blooms in the Gulf of Mexico, for example.
Table 1. Potential Actions to Prevent or Address the Impacts of Karenia brevis in the
Gulf of Mexico
Understand the HAB
Prevent or Control
Event and Notify
Reduce Populations at
Blooms
Stakeholders
Risk
Mitigate Illnesses
Set fertilizer ordinances
Monitor conditions
Visit substitute beaches
Self-medicate
Implement other
Forecast HAB
Remain indoors
Visit a physician
nonpoint source pol ution
development
controls

32 U.S. National Office for Harmful Algal Blooms, “Recent Trends.”
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Understand the HAB
Prevent or Control
Event and Notify
Reduce Populations at
Blooms
Stakeholders
Risk
Mitigate Illnesses
Improve wastewater
Alert stakeholders
Travel away from the
Visit the Emergency
treatment
coast
department
Construct runoff holding
Issue publications (media
Reduce regional tourist
Admit for a hospital stay
ponds
and scientific)
visits
Upgrade septic tanks
Support scientific

research
Use chemical/biological/
Educate stakeholders

physical controls
Source: CRS, adapted from U.S. National Office for Harmful Algal Blooms, Proceedings of the Workshop on the
Socio-Economic Effects of Marine and Freshwater Harmful Algal Blooms in the United States, March 2021, Figure 1, at
https://cdn.coastalscience.noaa.gov/page-attachments/news/HABSocioeconomics_WorkshopProceedings.pdf.
Note: HAB = harmful algal bloom.
Congress has directed multiple federal agencies to support a range of activities to address marine
HABs, including some of the activities listed in Table 1. In 2016, GAO identified 17 federal
agencies that reported undertaking HAB-related activities between FY2013 and FY2015 (Table
2).33 The GAO report identified federal agency activities related to HABs, such as research and
analysis, forecasting, monitoring, outreach, and response.34 GAO did not specify whether the
activities were related to freshwater or marine HABs. Other stakeholders, such as state, local, and
tribal governments, the private sector, and individuals, also may address aspects of marine HABs
in these ways.
Table 2. Federal Departments and Agencies Supporting HAB-Related Activities
(identified by GAO in 2016)
U.S. Environmental Protection Agency
U.S. Department of Commerce

National Oceanic and Atmospheric Administration
Executive Office of the President
U.S. Department of Defense

Council on Environmental Quality

Department of the Navy

Office of Science and Technology Policy

U.S. Army Corps of Engineers
National Aeronautics and Space Administration
U.S. Department of the Interior

Bureau of Ocean Energy Management

National Park Service

U.S. Geological Survey
National Science Foundation
U.S. Department of Health & Human Services

Centers for Disease Control and Prevention

Food and Drug Administration

National Institutes of Health, National Institute of
Environmental Health Sciences

33 U.S. Government Accountability Office (GAO), Environmental Protection: Information on Federal Agencies’
Expenditures and Coordination Related to Harmful Algae, GAO-17-119, October 2016, at https://www.gao.gov/assets/
690/680457.pdf. Hereinafter cited as GAO-17-119.
34 GAO-17-119, p. 16.
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U.S. Department of Agriculture


National Institute of Food and Agriculture

Natural Resources Conservation Service
Source: U.S. Government Accountability Office (GAO), Environmental Protection: Information on Federal Agencies’
Expenditures and Coordination related to Harmful Algae, October 2016, GAO-17-119, at https://www.gao.gov/
assets/690/680457.pdf.
Notes: HAB = harmful algal bloom. The GAO report does not always distinguish whether federal agency
activities relate to fresh or marine HABs.
Federal Agency Marine HAB Statutory Authorities
Congress has taken action to address marine HABs primarily through the Harmful Algal Bloom
and Hypoxia Research and Control Act (HABHRCA; P.L. 105-383, as amended, Table 3).
HABHRCA includes provisions that could apply to HABs in all water bodies, as well as
provisions specific to marine HABs. Congress also has enacted other HAB-related laws that
either do not specify the type of waterbody or are specific to marine HABs (Table 3).35
Federal agency activities authorized under the statutes listed in Table 3 include HAB
observations, monitoring, modeling, forecasting, management, and mitigation. The statutes also
authorize activities related to HAB data management, information dissemination, federal
coordination, and support of federal and nonfederal research to address HABs.36 Congress has
directed federal agencies to perform these activities both independently and in coordination with
other federal and nonfederal entities. Congress also has directed various federal agencies to
support HAB-related activities in annual appropriations language and associated committee
reports and explanatory statements.37

35 For more information on freshwater HABs, see CRS Report R44871, Freshwater Harmful Algal Blooms: Causes,
Challenges, and Policy Considerations, by Laura Gatz.
36 For more information on activities federal agencies may be performing under the authority of these statutes, see
Interagency Working Group on Harmful Algal Bloom and Hypoxia Research and Control Act (IWG-HABHRCA),
Harmful Algal Blooms and Hypoxia in the United States: A Report on Interagency Progress and Implementation,
March 2018, at https://cdn.coastalscience.noaa.gov/page-attachments/research/FINAL_USEC%20signed%20-
%20Progress%20and%20Implementation%20Report_HABHRCA.pdf (Hereinafter cited as IWG-HABHRCA, Report
on Interagency Progress, 2018); and IWG-HABHRCA, Harmful Algal Blooms and Hypoxia in the Great Lakes: An
Interagency Progress and Implementation Report, November 2020, at https://cdn.coastalscience.noaa.gov/page-
attachments/research/FINAL_HABHRCA_GreatLakes_ProgressReport_November_2020.pdf. Hereinafter cited as
IWG-HABHRCA, Interagency Progress Report, 2020).
37 Provisions included in appropriations bil s may be presumed temporary unless the bil explicitly indicates futurity or
is of “general character bearing no relation to the object of the appropriation” (GAO, Principles of Federal
Appropriations Law, Chapter 2: The Legal Framework, Fourth Edition, 2016, GAO-16-464SP, p. 2-86). For examples
of congressional direction in appropriations bills or accompanying language, see section entitled
“In addition, Congress has directed federal agencies to perform activities that may indirectly
address marine HABs. Some legislation authorizes federal agencies to address factors that may
contribute to HAB formation, such as excessive nutrient runoff. Other legislation requires
multiple federal agencies to support the conservation or restoration of habitats or species, which
may indirectly help to prevent HAB formation. In some cases, Congress also has provided some
federal agencies with broad authorities related to environmental health and public health
prevention and research under which some agencies support activities related to marine HABs.
Federal Agency HAB Funding” or Table A-1.
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Table 3. Enacted Legislation Regarding Marine HABs
(in force as of the date of this report, in alphabetical order by activity)
Contains
Provisions
Potentially
Contains
Applicable to
Provisions
HABs in All Types
Specific to
Activity
Statutory Authority
Summary of HAB-Related Provisions
of Waters
Marine HABs
Algal Toxin Risk
Drinking Water Protection Directs the EPA Administrator to (1) develop and submit to Congress a
X

Assessment and
Act (P.L. 114-45; 42 U.S.C.
strategic plan for assessing and managing risks associated with algal toxins
Management
§300j-19)
in drinking water provided by public water systems and (2) publish
information from federal agencies on algal toxins and public health
concerns related to HABs, among other tasks
Conservation
Agriculture Improvement
Directs the Secretary of Agriculture to prioritize the implementation of
X

Reserve Program
Act of 2018 (P.L. 115-334;
practices on land that would help reduce HABs, among other issues
16 U.S.C §3831)
Federal Ocean
Federal Ocean
Directs the National Science and Technology Council Joint Subcommittee

X
Acidification
Acidification Research and
on Ocean Science and Technology to submit to Congress a report that
Research and
Monitoring Act of 2009
identifies habitats vulnerable to multiple stressors, such as HABs, among
Monitoring
(P.L. 111-11) and
other topics
Coordinated Ocean
Directs the subcommittee to develop a strategic plan to include research
Observations and Research to understand the “combined impact” of multiple ocean changes, such as
Act of 2020 (P.L. 116-271)
HABs
(33 U.S.C. §§3701-3708)
Requires the NSF Director to continue to carry out competitive research
activities on the impacts of multiple stressors on ecosystems, including
HABs, among other topics
Harmful Algal
Water Resources
Directs the Secretary of the Army to carry out a demonstration program
X
X
Bloom
Development Act 2020
to determine the causes of HABs and to implement measures to
Demonstration
(Division AA of P.L. 116-
effectively detect, prevent, treat, and eliminate HABs associated with
Program
260; 33 U.S.C. §610 note)
water resources development projects
Program focus areas include the Great Lakes, New Jersey tidal and inland
waters, Louisiana coastal and tidal waters, and waterways in the counties
that comprise the Sacramento-San Joaquin Delta, among other locations
Authorizes appropriations of $25 mil ion to the Secretary of the Army for
these activities, to remain available until expended
CRS-9

Harmful Algal
Harmful Algal Bloom and
Establishes the Interagency Task Force on Harmful Algal Blooms and
X
X
Bloom and
Hypoxia Research and
Hypoxia, chaired by the Department of Commerce and consisting of
Hypoxia Research
Control Act, 1998 (P.L.
representatives from 10 federal departments or agencies, the White
and Control
105-383); Harmful Algal
House’s Office of Science and Technology Policy and Council on
Bloom and Hypoxia
Environmental Quality, and “such other Federal agencies as the President
Amendments Act of 2004
considers appropriate”
(P.L. 108-456); Harmful
Requires the task force, in cooperation with nonfederal partners, to
Algal Bloom and Hypoxia
prepare reports assessing the ecological and economic consequences of
Research and Control
HAB and hypoxia; alternatives for the reduction, mitigation, and control
Amendments Act of 2014
of HAB and hypoxia; and the social and economic costs and benefits of
(P.L. 113-124), Harmful
such alternatives
Algal Bloom and Hypoxia
Research and Control
Requires the President, in consultation with state chief executive officers,
Amendments Act of 2017
to develop and submit a report to Congress that describes and evaluates
(P.L. 115-423) (33 U.S.C.
the effectiveness of measures to protect against environmental and public
§§4001-4010)
health impacts of HABs
Directs the Secretary of Commerce, in coordination with the task force
and appropriate state, tribal, and local governments, to provide for local
and regional scientific assessments of HABs and hypoxia
Requires the task force to complete a scientific assessment of hypoxia and
marine and freshwater HABs at least once every five years
Directs the task force to develop and submit to Congress a plan for a
national research program to develop and demonstrate prevention,
control, and mitigation methods to reduce impacts of HABs on coastal
ecosystems (including the Great Lakes), public health, and the economy
Requires the Secretary of Commerce to establish a research,
development, demonstration, and technology transfer program
Requires the Under Secretary of Commerce for Oceans and Atmosphere
to submit to Congress a report that describes annual task force
proceedings; activities and budget under the research, development,
demonstration, and technology transfer program; progress made on
implementing the action strategy; and any need to revise or terminate
program research and activities
Requires the task force to consult with nonfederal entities when
developing assessments, reports, and plans
Directs the Under Secretary of Commerce for Oceans and Atmosphere,
through the task force, to maintain and enhance a national HAB and
hypoxia program
CRS-10

Directs the task force to coordinate interagency review of the national
HAB and hypoxia program, support implementation of the action strategy,
and promote development of new technologies, among other tasks
Identifies NOAA as the lead federal agency with primary responsibility for
administering the national HAB and hypoxia program
Directs the Under Secretary of Commerce for Oceans and Atmosphere,
in administering the national HAB and hypoxia program, to promote the
program; prepare work and spending plans to implement the action
strategy; administer a competitive grant program; coordinate with
nonfederal entities; coordinate with the Secretary of State to support
international HAB and hypoxia activities; identify additional HAB and
hypoxia needs and priorities; integrate, coordinate, and augment existing
education and extension programs; facilitate and provide resources to
train nonfederal resource managers, support regional efforts; and convene
a task force meeting at least once a year, among other tasks
Directs the Under Secretary of Commerce for Oceans and Atmosphere
to maintain and enhance existing HAB and hypoxia competitive programs
at NOAA; carry out marine and Great Lakes HAB and hypoxia response
activities; develop and enhance observations, monitoring, modeling, data
management, information dissemination, and forecasts; enhance
communication and coordination among federal agencies; leverage existing
resources and nonfederal expertise; increase availability of nonfederal
analytical facilities and technologies, forecasts, and research materials; use
cost effective methods; and develop contingency plans for long-term
monitoring of hypoxia, among other tasks
Directs the Under Secretary of Commerce for Oceans and Atmosphere
to work cooperatively and avoid duplication of effort within NOAA and
with federal and nonfederal entities
Directs the EPA Administrator, through the task force, to lead the
freshwater aspects of the program
Requires the Under Secretary of Commerce for Oceans and Atmosphere,
through the task force, to develop a comprehensive research plan and
action strategy to address marine and freshwater HABs and hypoxia.
Directs the Under Secretary to periodically review and revise the action
strategy
Directs the EPA Administrator, through the Mississippi River/Gulf of
Mexico Watershed Nutrient Task Force, to periodically report on the
progress toward the goals of the Gulf Hypoxia Action Plan 2008
CRS-11

Contains
Provisions
Potentially
Contains
Applicable to
Provisions
HABs in All Types
Specific to
Activity
Statutory Authority
Summary of HAB-Related Provisions
of Waters
Marine HABs
Requires the Interagency Task Force on Harmful Algal Blooms and
Hypoxia to complete an integrated assessment of and plan to address
hypoxia and HABs in the Great Lakes
Defines terms, such as United States coastal waters to include the Great
Lakes
Authorizes appropriations of $20,500,000 for each of FY2014-FY2023 to
the Under Secretary of Commerce for Oceans and Atmosphere to
implement the national HAB and hypoxia program, research plan, and
action strategy. Requires the Under Secretary to allocate a “substantial
portion of funds” to extramural research activities
In the case of an HAB or hypoxia event of national significance, directs the
Under Secretary of Commerce for Oceans and Atmosphere or the EPA
Administrator, respectively, to make funds available to affected state or
local governments for assessment and mitigation of HAB effects
Harmful Algal
America’s Water
Requires the Secretary of the Army to implement a five-year HAB
X

Bloom Technology Infrastructure Act of 2018
technology development demonstration program to identify and develop
Demonstration
(P.L. 115-270; 33 U.S.C.
strategies for early detection, prevention, and management techniques
§610 note)
and procedures to reduce the occurrence and effects of HABs in the
nation’s water resources and to ensure said technologies have the ability
to scale up
Integrated Coastal
Integrated Coastal and
Directs the NOAA Administrator to work with users and regional

X
and Ocean
Ocean Observing System
associations to develop products to enable real-time data-sharing related
Observation
Act of 2009 (P.L. 111-11)
to HAB forecasting, among other issues
System
and Coordinated Ocean
Directs the Integrated Ocean Observation System Advisory Committee
Observations and Research to advise NOAA and the Interagency Ocean Observing Committee on
Act of 2020 (P.L. 116-271)
national mapping networks to address HAB forecasting and detection,
(33 U.S.C. §§3601-3611)
among other priorities
CRS-12

Contains
Provisions
Potentially
Contains
Applicable to
Provisions
HABs in All Types
Specific to
Activity
Statutory Authority
Summary of HAB-Related Provisions
of Waters
Marine HABs
Interagency
Consolidated
Directs the White House National Science and Technology Council to

X
Oceans and
Appropriations Act, 2005,
coordinate and support a national research program on the ocean’s role
Human Health
as amended (P.L. 108-447;
in human health, including activities related to HABs and hypoxia (in
Research Program
33 U.S.C. §3101)
coordination with the Interagency Task Force on Harmful Algal Blooms
and Hypoxia)
National Estuary
To Amend the Federal
Directs the EPA Administrator to award competitive grants to address
X
X
Program
Water Pol ution Control
recurring HABs in coastal areas, among other issues
Act to Reauthorize the
National Estuary Program,
and for Other Purposes
(P.L. 114-162; 33 U.S.C.
§1330)
National Sea
National Sea Grant Col ege Authorizes the Secretary of Commerce to use $6.0 mil ion for
X

Grant Col ege
Program Amendments Act
competitive grants to university research on the biology, prevention, and
Program
of 2008 (P.L. 110-394); and
forecasting of HABs, among other topics, for each of FY2021-FY2025
Competitive
National Sea Grant Col ege
Grants
Program Amendments Act
of 2020 (P.L. 116-221) (33
U.S.C. §1131)
Oceans and
Consolidated
Authorizes the Secretary of Commerce to establish the Oceans and

X
Human Health
Appropriations Act, 2005,
Human Health Initiative, including the support of centers of excellence
Initiative
as amended (P.L. 108-447;
focused on areas such as HABs and hypoxia
33 U.S.C. §3102)
Source: CRS, using Congress.gov.
Notes: EPA = U.S. Environmental Protection Agency; HAB = harmful algal bloom; NOAA = National Oceanic and Atmospheric Administration; NSF = National Science
Foundation
This table does not include descriptions of provisions within each act that do not potentially apply to marine HABs nor does it include legislation pertaining solely to
freshwater HABs. For more information on freshwater HABs, see CRS Report R44871, Freshwater Harmful Algal Blooms: Causes, Challenges, and Policy Considerations, by
Laura Gatz.

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In addition, Congress has directed federal agencies to perform activities that may indirectly
address marine HABs. Some legislation authorizes federal agencies to address factors that may
contribute to HAB formation, such as excessive nutrient runoff.38 Other legislation requires
multiple federal agencies to support the conservation or restoration of habitats or species, which
may indirectly help to prevent HAB formation.39 In some cases, Congress also has provided some
federal agencies with broad authorities related to environmental health and public health
prevention and research under which some agencies support activities related to marine HABs.40
Federal Agency HAB Funding
Congress typically appropriates funding to agencies to support HAB-related activities through
multiple budget line items that may or may not explicitly focus on HABs. Congress has directed
several agencies to support HAB-related activities primarily through explanatory statements and
committee reports accompanying appropriations bills in recent fiscal years (FY2019-FY2021).
For example, in language accompanying the FY2021 appropriations act, Congress included
extensive directives to several federal agencies (e.g., Centers for Disease Control and Prevention
[CDC], EPA, NOAA, U.S. Army Corps of Engineers [USACE], the U.S. Department of
Agriculture’s [USDA’s] Agricultural Research Service, and U.S. Geological Survey [USGS]) to
support HAB-related activities (see Table A-1).41 Congress encouraged the agencies to use
appropriations to support research, work with federal and nonfederal stakeholders, establish pilot
projects, develop models, and improve monitoring and detection. Congress directed these and
other agencies (e.g., USDA’s Natural Resources Conservation Service) to address HABs in
language accompanying FY2019 and FY2020 appropriations acts, as well. The accompanying
reports and statements directed agencies to support work internally and to fund nonfederal
partners to prevent, research, monitor, model, forecast, control, and mitigate HABs and their
effects.42 The congressional guidance did not always distinguish whether federal agency activities
were related to HABs in fresh or marine waters.

38 For example, the Clean Water Act (33 U.S.C. §§1251 et seq.) authorizes the U.S. Environmental Protection Agency
(EPA) and states to address water quality concerns associated with HABs, including nutrient pollution. For more
information on federal regulations related to nutrients and HABs, see CRS Report R44871, Freshwater Harmful Algal
Blooms: Causes, Challenges, and Policy Considerations, by Laura Gatz.
39 For example, under the Coastal Zone Management Act (16 U.S.C. §§1451 et seq.), NOAA may provide funds to
coastal states to conserve or restore coastal habitats, such as wetlands, that may serve to filter excessive nutrients from
surface water runoff before the runoff enters waterways, among other benefits.
40 For instance, some federal agencies, such as National Institute of Environmental Health Sciences or CDC (especially
the National Center for Environmental Health), have broad missions related to environmental health. Existing CDC
HAB-related activities include the One Health HAB System (OHHABS), under which CDC supports the voluntary
collection of information on HABs in fresh, marine, and brackish water and HABs’ health effects on humans and
animals (CDC, “Harmful Algal Bloom (HAB)-Associated Illness—One Health Harmful Algal Bloom System
(OHHABS),” at https://www.cdc.gov/habs/ohhabs.html).
41 U.S. Congress, House Committee on Appropriations, Committee Print on H.R. 133/Public Law 116-260 Book 1 of 2,
committee print, 117th Cong., 1st sess., March 2021 and U.S. Congress, House Committee on Appropriations,
Committee Print on H.R. 133/Public Law 116-260 Book 2 of 2, committee print, 117th Cong., 1st sess., March 2021.
42 U.S. Congress, House Committee of Conference, Making Further Continuing Appropriations for the Department of
Homeland Security for Fiscal Year 2019, and for Other Purposes, Conference Report to Accompany H.J. Res. 31,
116th Cong., 1st sess., February 13, 2019, H.Rept. 116-9, pp. 563, 614, 725, 726, 737, and 739; U.S. Congress, House
Committee on Appropriations, Committee Print on H.R. 1158/ Public Law 116-94, committee print, 116th Cong., 2nd
sess., January 1, 2020, p. 509 and U.S. Congress, House Committee on Appropriations, Committee Print on H.R.
1865/Public Law 116-94 committee print, 116th Cong., 2nd sess., January 1, 2020, pp. 103, 310, 437, 602, and 615.
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Few resources provide information about HAB-related expenditures at federal agencies. GAO
released the most recent analysis on federally funded HAB-related activities in 2016.43 The study
found that 12 selected federal agencies spent approximately $101 million from FY2013 through
FY2015 on various HAB-related activities.44 Of the 12 agencies, NOAA reported the largest
expenditures, at $39.4 million over the three-year period.45 The report did not distinguish between
spending on freshwater and marine HABs. According to GAO, each of the agencies “had its own
methods for collecting HAB-related expenditure data,” making comparisons between the
agencies difficult. Two additional federal agencies could not provide HAB-related expenditure
data, and two other federal agencies provided “expenditure data that [GAO] determined were not
sufficiently reliable” for the report.46
NOAA HAB Authorities
Congress has charged either the Department of Commerce (DOC) or NOAA, directly, with
implementing the majority of marine HAB-related statutory provisions and congressional
guidance (Table 3 and Table A-1). DOC typically delegates HAB-related responsibilities to
NOAA. Congress has provided NOAA with additional HAB-related direction under broad
statutes that mention HABs as a program focus among other issues. Congress also has authorized
DOC and/or NOAA HAB-related activities in certain freshwater systems, such as the Great
Lakes. As presented in Table 3, statutory language and congressional guidance do not always
distinguish whether activities are related to HABs in fresh or marine waters; therefore, the
sections below describe NOAA’s HAB-related activities without distinguishing between fresh or
marine waters.
Activities under HAB-specific and broader authorities include coordination, research, monitoring,
detection, forecasting, and mitigation. NOAA’s HAB-related statutory responsibilities are not
fulfilled by one program; rather the agency fulfills its requirements through various line offices
and programs. NOAA is administratively organized into six line offices. NOAA identified HAB-
related activities in at least three of these line offices: the National Ocean Service (NOS), Office
of Oceanic and Atmospheric Research (OAR), and Office of Marine and Aviation Operations
(OMAO).47 Programs with HAB-related efforts under these three line offices include the National
Centers for Coastal Ocean Science, National Sea Grant College Program, and Integrated Ocean
Observing System, among others.48 Programs and activities under National Centers for Coastal
Ocean Science include the HAB monitoring system; HAB forecasting in certain areas (see Figure

43 The report was in response to a congressional directive in P.L. 114-45, §2(b).
44 GAO-17-119, p. 16. The agencies included CDC, Department of the Navy, EPA, Food and Drug Administration,
National Aeronautics and Space Administration (NASA), National Institute of Environmental Health Sciences,
National Institute of Food and Agriculture, National Park Service, National Science Foundation, NOAA, U.S. Army
Corps of Engineers, and U.S. Geological Survey (USGS).
45 GAO-17-119, p. 16.
46 GAO-17-119, p. 16.
47 NOAA Office of Legislative and Intergovernmental Affairs (OLIA), NOAA HABHRCA (HAB and Hypoxia)
Expenditures (in Millions) FY2010-FY2019, provided August 2018 (Hereinafter cited as NOAA, HABHRCA
Expenditures FY2010-FY2019); NOAA OLIA, NOAA HABHRCA (HAB and Hypoxia) Expenditures (in Millions)
FY2016-FY2020, provided April 2019 (Hereinafter cited as NOAA, HABHRCA Expenditures FY2016-FY2020); and
NOAA OLIA, NOAA HABHRCA (HAB and Hypoxia) Expenditures (in Millions) FY2017-FY2021, provided March
2021 (Hereinafter cited as NOAA, HABHRCA Expenditures FY2017-FY2021). NOAA’s other line offices are the
National Environmental Satellite, Data, and Information Service; the National Marine Fisheries Service; and the
National Weather Service.
48 NOAA, HABHRCA Expenditures FY2017-FY2021.
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4 for a 2020 map of coastal HAB monitoring instruments and forecasts in the United States); the
Ecology and Oceanography of HABs (ECOHAB) program; the Phytoplankton Monitoring
Network (PMN); the Monitoring and Event Response for HABs (MERHAB) research program;
the Prevention, Control, and Mitigation of HABs (PCMHAB) program; and rapid response
programs.49
Figure 4. Coastal HAB Monitoring and Forecasting

Source: CRS, adapted from NOAA, National Centers for Coastal Ocean Service and U.S. Integrated Ocean
Observing System, Framework for the National Harmful Algal Bloom Observing Network: A Workshop Report,
December 18, 2020, p. 28.
Notes: ESP = environmental sample processor; FL = Florida; HAB = harmful algal bloom; HABscope = harmful
algal bloom scope; IFCB = Imaging FlowCytobot; MA = Massachusetts; NOAA = National Oceanic and
Atmospheric Administration; S CA = Southern California; SF = San Francisco; TOAST = Texas Observatory for
Algal Succession Timeseries; TX = Texas; WA = Washington.
The automated HAB monitoring legend provides information about the instruments used in each region.
According to NOAA, operational forecasts are those that are conducted consistently, whereas occasional
forecasts may be conducted sporadically in response to bloom dynamics. The efforts are “supported primarily
with research funding.”
Congress also has directed NOAA to implement two additional HAB-related activities:
responding to HAB events of “national significance” and estimating the socioeconomic impacts
of HABs.
HAB and Hypoxia Events of National Significance
In January 2019, Congress directed the Under Secretary of Commerce for Oceans and
Atmosphere to make funds available to affected state or local governments for assessment and
mitigation of HAB and hypoxia effects if an event in marine and coastal waters is determined to
be an “event of national significance.”50 In July 2019, NOAA published a notice of intent to
develop a policy for determining HAB and hypoxia events of national significance in marine and

49 NOAA, National Centers for Coastal Ocean Science (NCCOS), “Stressor Impacts & Mitigation,” at
https://coastalscience.noaa.gov/research/stressor-impacts-mitigation/.
50 P.L. 115-423, 33 U.S.C. §4010. Congress also directed the EPA Administrator to make funding available for events
of national significance in freshwaters.
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coastal waters.51 The public comment period on the notice closed in September 2019. In February
2021, NOAA indicated the draft policy was under review by NOAA and DOC.52 The agency has
not yet released the policy. The statute does not include an authorization of appropriations, and
Congress has not appropriated funding to NOAA to support implementation of the provision.53
Socioeconomic Impacts of HABs
Congress provided appropriations to NOAA in FY2020 to update the estimated annual economic
impacts from marine and freshwater HABs in the United States. Congress specified that the study
should include
impacts related to public health, drinking water treatment, commercial fisheries, property
values, recreation and tourism, and monitoring and management. The study shall also
include an assessment of the estimated annual economic impacts in those U.S. States and
territories most impacted by HABs.54
According to NOAA, as of May 2021, the agency is supporting numerous activities to estimate
annual economic impacts from HABs. These activities include grants for research projects
assessing specific economic impacts, a workshop on the socioeconomic effects of marine and
freshwater HABs in the United States,55 updates to a map of national HAB economic impacts,56
and a new program to fund research that will provide data for an updated assessment.57
NOAA HAB Expenditures
NOAA uses appropriations to support both HAB-related intramural efforts at the agency and
grants to nonfederal entities. In the 2016 GAO report, NOAA reported that it spent $39.45 million
on HAB-related activities between FY2013 and FY2015 (Figure ).58 According to GAO, several
line offices, including NOS, OAR, and OMAO, supported these activities. According to the
information NOAA provided to the Congressional Research Service, the agency has spent or
estimates it will spend approximately $168.48 million on HAB-related activities between FY2013
and the end of FY2021 (Figure ).59 NOAA notes that the majority of its HAB-related spending
occurs through programs within NOS.60 Congress has provided NOAA the authority to support

51 NOAA, “Notice of Intent to Develop a Policy for Determining Harmful Algal Bloom (HAB) and Hypoxia Events of
National Significance in Marine or Coastal Waters,” 84 Federal Register 35854, July 25, 2019.
52 Email correspondence with NOAA, OLIA, February 26, 2021.
53 NOAA, NCCOS, “HAB/Hypoxia Events of National Significance,” at https://coastalscience.noaa.gov/research/
stressor-impacts-mitigation/habhrca/hab-hypoxia-events-of-national-significance/.
54 U.S. Congress, House Committee on Appropriations, Committee Print on H.R. 1158/P.L. 116-93, committee print,
116th Cong., 2nd sess., January 1, 2020, p. 509, and H.Rept. 116-101, p. 23.
55 See the text box entitled “Identified Research and Policy Needs to Address Harmful Algal Blooms” for
recommendations from the workshop.
56 NOAA, “Hitting Us Where It Hurts: The Untold Story of Harmful Algal Blooms,” at https://noaa.maps.arcgis.com/
apps/Cascade/index.html?appid=9e6fca29791b428e827f7e9ec095a3d7.
57 Email correspondence with NOAA, OLIA, May 18, 2021.
58 GAO-17-119, p. 62.
59 NOAA, HABHRCA Expenditures FY2010-FY2019; NOAA, HABHRCA Expenditures FY2016-FY2020; and NOAA,
HABHRCA Expenditures FY2017-FY2021. NOAA indicated that the FY2021 amount is an estimate and that “final
amounts depend on final spend plan, budget allocation and results of the competitive review process.” The numbers in
the GAO report may “differ from those reported to Congress in NOAA’s ‘HABHRCA Spending 2010-2015’ table,
which includes hypoxia work” (GAO-17-119, p. 57).
60 NOAA, HABHRCA Expenditures FY2017-FY2021.
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activities related to both freshwater and marine HABs; therefore, NOAA’s HAB-related
expenditures support activities in both settings.
Figure 5. NOAA Reported HAB-Related Final and Estimated Expenditures,
FY2013-FY2021
(in millions of nominal $)

Source: NOAA, OLIA, NOAA HABHRCA (HAB and Hypoxia) Expenditures (in Millions) FY2010-FY2019, provided
August 2018; NOAA, OLIA, NOAA HABHRCA (HAB and Hypoxia) Expenditures (in Millions) FY2016-FY2020,
provided April 2019; NOAA, OLIA, NOAA HABHRCA (HAB and Hypoxia) Expenditures (in Millions) FY2017-FY2021,
provided March 2021; and GAO, Environmental Protection: Information on Federal Agencies’ Expenditures and
Coordination Related to Harmful Algae, October 2016, GAO-17-119, p. 62.
Notes: GAO = Government Accountability Office; HAB = harmful algal bloom; HABHRCA = Harmful Algal
Bloom and Hypoxia Research and Control Act (P.L. 105-383, as amended); NOAA = National Oceanic and
Atmospheric Administration; OLIA = Office of Legislative and Intergovernmental Affairs.
As noted in GAO-17-119, the numbers in the report “differ from those reported to Congress in NOAA’s
‘HABHRCA Spending 2010-2015’ table, which includes hypoxia work.”
NOAA indicated that the FY2021 amount is an estimate and that “final amounts depend on final spend plan,
budget allocation and results of the competitive review process.”
Federal Interagency and Other Coordination
Congress has directed several federal agencies to participate in marine HAB-related interagency
coordination efforts through a federal task force and regional efforts.61 Federal agencies also

61 In some cases, federal agencies may form partnerships between two or more agencies to collaborate on HAB issues
(GAO-17-119, p. 22). In its 2016 report, GAO identified several of these federal partnerships, such as the
Cyanobacteria Assessment Network Project, which includes participants from EPA, USGS, NASA, and NOAA (GAO-
17-119, pp. 98-99).
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coordinate their science and research activities with nonfederal entities at the regional, national,
and international levels.62
Interagency Task Force on Harmful Algal Blooms and Hypoxia
Congress established the Interagency Task Force on HABs and Hypoxia (also known as the
Interagency Working Group on HABHRCA) in 1998.63 Congress has amended the task force’s
membership and responsibilities several times since its establishment. Table 4 lists the federal
agencies and departments currently required to participate in the task force. Other federal
agencies are allowed to join the task force “as the President considers appropriate” (see the notes
in Table 4 for information about other federal agencies that have joined the task force).64
Table 4. Statutorily Required Departments and Agencies on the
Interagency Task Force on HABs and Hypoxia
(as of the date of this report)
Department of Commerce (chair)a
Environmental Protection Agency
Department of Agriculture
Department of the Interiorb
Department of the Navy
Department of Health and Human Servicesc
National Science Foundation
National Aeronautics and Space Administration
Food and Drug Administration
Office of Science and Technology Policy
Council on Environmental Quality
Centers for Disease Control and Preventiond
U.S. Army Corps of Engineers
Source: 33 U.S.C. §4001(a).
Notes: The Harmful Algal Bloom and Hypoxia Research and Control Act (HABHRCA; P.L. 105-383, as
amended) states that the task force also shall include “such other Federal agencies as the President considers
appropriate.”
As of the date of this report, other agencies in the task force include the Bureau of Indian Affairs, U.S. Coast
Guard, and U.S. Fish and Wildlife Service. Additionally, the Environmental Protection Agency and the Office of
Science and Technology Policy serve as cochairs, alongside the National Oceanic and Atmospheric
Administration (NOAA; see NOAA, National Centers for Coastal Ocean Science, “Harmful Algal Bloom and
Hypoxia Research and Control Act,” at https://coastalscience.noaa.gov/research/stressor-impacts-mitigation/
habhrca/).
a. Responsibilities delegated to NOAA.
b. Responsibilities delegated to the Bureau of Indian Affairs, National Park Service, U.S. Fish and Wildlife
Service, and U.S. Geological Survey.

62 GAO-17-119, p. 22.
63 P.L. 105-383 and NOAA, NCCOS, “Harmful Algal Bloom and Hypoxia Research and Control Act,” at
https://coastalscience.noaa.gov/research/stressor-impacts-mitigation/habhrca/.
64 33 U.S.C. §4001(a)(14).
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c. Responsibilities delegated to the National Institute of Environmental Health Sciences.
d. The Centers for Disease Control and Prevention are part of the Department of Health and Human
Services.
Task Force Responsibilities
Under statute, the Interagency Task Force on HABs and Hypoxia is responsible for numerous
reports, including assessments of HABs and hypoxia and plans to reduce their impacts.65
Congress also required the Under Secretary of Commerce for Oceans and Atmosphere, through
the task force, to develop a “comprehensive research plan and action strategy to address marine
and freshwater HABs and hypoxia.66 In 2016, the task force released its research plan and action
strategy, which recommended several federal actions to address HABs and hypoxia (Table A-2).67
In 2018, the task force released a report on interagency progress in implementing the research
plan and the action strategy, which included a discussion of research needs (see the text box
entitled “Identified Research and Policy Needs to Address Harmful Algal Blooms”).68 Both the
2016 and the 2018 reports discuss HABs (freshwater and marine) and hypoxia, with
recommendations and actions that often may apply to HABs in both types of waterbodies. Under
statute, the task force is required to periodically review and revise the action strategy, “as
necessary.”69
In addition to chairing the task force and other HAB-related responsibilities, Congress directed
the Secretary of Commerce (who historically has delegated to NOAA) or the Under Secretary of
Commerce for Oceans and Atmosphere to lead several task force-related activities, including the
following:
 Support, to the extent funds are available, coastal states, Indian tribes, and local
governments with measures to protect environmental and public health from the
impacts of HABs70
 Provide, to the extent funds are available, for local and regional scientific
assessments of hypoxia and HABs as requested by states, Indian tribes, and local
governments, or for affected areas as identified by the Secretary of Commerce71
 Establish a research, development, demonstration, and technology transfer
program on methods to prevent, control, and mitigate HABs72

65 31 U.S.C. §4001(b)-(g). For example, see the National Assessment of Harmful Algal Blooms in U.S Waters, An
Assessment of Coastal Hypoxia and Eutrophication in U.S. Waters, and Harmful Algal Bloom Management and
Response: Assessment and Plan, Scientific Assessment of Marine Harmful Algal Blooms, and Scientific Assessment of
Freshwater Harmful Algal Blooms at NOAA, NCCOS, “Harmful Algal Bloom and Hypoxia Research and Control
Act,” at https://coastalscience.noaa.gov/research/stressor-impacts-mitigation/habhrca/.
66 33 U.S.C. §4003.
67 IWG-HABHRCA, Harmful Algal Blooms and Hypoxia Comprehensive Research Plan and Action Strategy: An
Interagency Report, February 2016. Hereinafter cited as IWG-HABHRCA, 2016 Research Plan and Action Strategy.
68 33 U.S.C. §4001(i)(4) required the Under Secretary of Commerce to submit a progress report on implementation of
the action strategy within two years of the strategy’s release. See the progress report at IWG-HABHRCA, Harmful
Algal Blooms and Hypoxia in the United States: A Report on Interagency Progress and Implementation, March 2018
(Hereinafter cited as IWG-HABHRCA, Report on Interagency Progress, 2018). See Table A-2 for a comparison of the
2016 strategy and 2018 actions, and see the text box entitled “Identified Research and Policy Needs to Address
Harmful Algal Blooms” for information on research needs as identified in the 2018 report.
69 33 U.S.C. §4003(f).
70 33 U.S.C. §4001(d)(4).
71 33 U.S.C. §4001(e).
72 33 U.S.C. §4001(h)(3).
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Identified Research and Policy Needs to Address Harmful Algal Blooms
Several federal and nonfederal entities have identified multiple needs to address HABs. In 2018, the Interagency
Task Force on HABs and Hypoxia (for more information about this group, see “Interagency Task Force on
Harmful Algal Blooms and Hypoxia”) identified several needs, including the fol owing:

Strategies for effective prevention, suppression, and control of HABs within watersheds and affected
waterbodies.

A rapid-response strategy for assessing HAB exposure

A greater understanding of the influence of climate change, atmospheric deposition of nutrients, and other
factors that may affect the occurrence, frequency, and severity of HABs and hypoxia

An evaluation of the economic and socioeconomic impacts of HABs and hypoxia and the costs of mitigation

National datasets on human exposure and cyanobacterial blooms monitoring

Continued and improved conservation, implementation, and agricultural management practices to reduce
nutrients and sediment losses from agricultural lands
A 2019 workshop of international experts identified several categories of research needs related to evaluating the
socioeconomic costs of HABs. The categories centered on the need for datasets of environmental conditions
before and during HAB events over the long term and over multiple geographic areas, as well as the development
of ways to appropriately quantify indirect impacts of HABs.
In 2020, the U.S. National Office for Harmful Algal Blooms held a workshop to develop a national research agenda
on the social and economic effects of HABs in the Great Lakes and U.S. marine waters. The workshop attendees
developed several sets of recommendations. One set of recommendations would create a socioeconomic
assessment framework, with actions related to federal agency coordination, regional or national data sharing and
col aboration, col ection of baseline information, and engagement of nonacademic communities, among other
activities. The other set of recommendations focused on a socioeconomic research agenda with an emphasis on
community surveys, transferable research approaches, social impacts, communication methods, cost-benefit
analyses, and the costs of social impacts, among other needs.
Individual federal agencies also have identified specific needs related to addressing HABs. For example, the
National Oceanic and Atmospheric Administration has recognized the need for a national HAB observing network
in coastal regions and the Great Lakes to “efficiently and effectively integrate local, state, regional, and federal HAB
observing capabilities and deliver products operationally.”
Sources: Interagency Working Group on Harmful Algal Blooms and Hypoxia Research and Control Act,
Harmful Algal Blooms and Hypoxia in the United States: A Report on Interagency Progress and Implementation,
March 2018; North Pacific Marine Science Organization (PICES), GlobalHAB: Evaluating, Reducing and Mitigating
the Cost of Harmful Algal Blooms: A Compendium of Case Studies, PICES Scientific Report No. 59, November
2020; U.S. National Office for Harmful Algal Blooms, Proceedings of the Workshop on the Socio-economic Effects
of Harmful Algal Blooms in the United States, March 2021; and National Oceanic and Atmospheric
Administration, National Centers for Coastal and Ocean Science and U.S. Integrated Ocean Observing
System, Framework for the National Harmful Algal Bloom Observing Network: A Workshop Report, December
2020.
Mississippi River/Gulf of Mexico Watershed Nutrient Task Force
Some federal interagency coordination of HAB-related activities focuses on certain regions, such
as the Gulf of Mexico. In 1997, EPA established the interagency Mississippi River/Gulf of
Mexico Watershed Nutrient Task Force, also known as the Mississippi River/Gulf of Mexico
Hypoxia Task Force.73 According to its charter, the task force was created to “understand the
causes and effects of eutrophication [the process of excessive plant and algal growth due to high
levels of nutrients] in the Gulf of Mexico, to coordinate activities to reduce the size, severity and
duration of this phenomenon, and to ameliorate its effects.”74 The task force includes

73 EPA, “History of the Hypoxia Task Force,” at https://www.epa.gov/ms-htf/history-hypoxia-task-force.
74 EPA, Charter of the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, May 2018, at
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representatives from federal agencies (including DOI, EPA, USACE, USDA, and NOAA), state
agencies, and tribes. NOAA and EPA have continuously monitored the Gulf of Mexico hypoxic
zone extent since 1985, and NOAA has developed operational hypoxia forecast models.75 The
Gulf of Mexico experiences a variety of HABs in addition to hypoxia.76
In 2014, Congress directed the EPA Administrator, through the task force, to submit biennial
reports to Congress on progress toward the goals of a 2008 Gulf of Mexico hypoxia action plan.77
Action plan goals included activities to “accelerate the reduction of nitrogen and phosphorus” and
to “advance the science, track progress and raise awareness.”78 The most recent publicly available
progress report is from 2017.79 In the 2017 report, the task force described the actions it had
implemented since 2008 and made recommendations moving forward. Recommendations
included continuing to implement the 2008 action plan, revising the action plan’s coastal goal and
committing to accelerated and new actions to reduce nutrients, and tracking environmental
results.80
The federal agency members of the task force also periodically update and release a strategy on
federally focused actions to implement the 2008 Gulf of Mexico hypoxia action plan. The
strategy highlights the assistance federal members provide to task force states for developing and
implementing their nutrient reduction strategies. The most recent strategy, released in 2016,
continued to focus on federal actions related to seven areas: monitoring; decision-support tools;
modeling; permitting and regulatory program support; outreach, education, and partnerships;
financial and technical assistance; and other initiatives.81
U.S. National Office for Harmful Algal Blooms
Congress has directed the Secretary of Commerce for Oceans and Atmosphere to “enhance
communication and coordination among Federal agencies carrying out marine and freshwater
harmful algal bloom and hypoxia activities and research” and to “work cooperatively and avoid

https://www.epa.gov/sites/production/files/2015-03/documents/2008_9_10_msbasin_tfcharter_revised.pdf; and NOAA,
National Ocean Service, “What Is Eutrophication?,” at https://oceanservice.noaa.gov/facts/eutrophication.html.
75 Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, 2017 Report to Congress, August 2017, pp. 12
and 15, at https://www.epa.gov/sites/production/files/2017-11/documents/
hypoxia_task_force_report_to_congress_2017_final.pdf. Hereinafter cited as Mississippi River/Gulf of Mexico
Watershed Nutrient Task Force, 2017 Report to Congress.
76 NOAA, National Ocean Service, “Gulf of Mexico/Florida: Harmful Algal Blooms,” at https://oceanservice.noaa.gov/
hazards/hab/gulf-mexico.html.
77 33 U.S.C. §4004. For more information on the action plan, see Mississippi River Gulf of Mexico Watershed Nutrient
Task Force, Gulf Hypoxia Action Plan 2008 for Reducing, Mitigating, and Controlling Hypoxia in the Northern Gulf of
Mexico and Improving Water Quality in the Mississippi River Basin, 2008, at https://www.epa.gov/sites/production/
files/2015-03/documents/2008_8_28_msbasin_ghap2008_update082608.pdf. Hereinafter cited as Mississippi
River/Gulf of Mexico Watershed Nutrient Task Force, Gulf Hypoxia Action Plan, 2008.
78 Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, Gulf Hypoxia Action Plan, 2008, pp. 31 and 42.
79 EPA, “Mississippi River/Gulf of Mexico Hypoxia Task Force: Hypoxia Task Force Reports to Congress,” at
https://www.epa.gov/ms-htf/hypoxia-task-force-reports-congress.
80 Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, 2017 Report to Congress, p. 108.
81 Mississippi River Gulf of Mexico Watershed Nutrient Task Force, Looking Forward: The Strategy of the Federal
Members of the Hypoxia Task Force, December 2016, at https://www.epa.gov/sites/production/files/2016-12/
documents/federal_strategy_updates_12.2.16.pdf.
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duplication of effort with other offices, centers, and programs within [NOAA], other agencies on
the Task Force, and States, tribes, and nongovernmental organizations.”82
NOAA coordinates with federal and nonfederal entities partly through the U.S. National Office
for Harmful Algal Blooms.83 The office’s primary objective is to “facilitate an open exchange of
scientific information and advance the state of knowledge and research efforts” on both marine
and freshwater HABs.84 The office also provides governance and administrative support for the
National HAB Committee,85 described below.
In 2005, a group of federal and nonfederal experts at the Ecological Society of America identified
the need for a National HAB Committee.86 The committee’s mission is “to facilitate coordination
and communication of activities for the U.S. HAB community at a national level,” among other
functions.87 The committee currently comprises individuals from federal and nonfederal entities,
including representatives from CDC, EPA, National Institutes of Health, NOAA, National
Science Foundation, USACE, and USGS, who serve as ex officio members.88
International Coordination
Several regional coordination efforts may support the observation, monitoring, and prediction of
HABs. These efforts include the Integrated Ocean Observing System and the Great Lakes
Collaborative, among others.89 Internationally, representatives from federal agencies have
participated in several efforts related to HABs research. For instance, NOAA scientists have been
part of proceedings of the Intergovernmental Oceanographic Commission’s Intergovernmental

82 33 U.S.C. §4002(f) and 33. U.S.C. §4002(g).
83 U.S. National Office for Harmful Algal Blooms, “About the U.S. National Office for Harmful Algal Blooms,” at
https://hab.whoi.edu/about/.
84 U.S. National Office for Harmful Algal Blooms, “About the U.S. National Office for Harmful Algal Blooms,” at
https://hab.whoi.edu/about/.
85 Email correspondence with NOA, OLIA, May 18, 2021.
86 Ecological Society of America (ESA), HARRNESS Harmful Algal Research and Response: A National
Environmental Science Strategy 2005-2015, 2005, p. 59, at https://www.whoi.edu/cms/files/HARRNESS_high-
res_18190_23046.pdf. Hereinafter cited as ESA, HARRNESS, 2005.
87 U.S. National Office for Harmful Algal Blooms, “National HAB Committee – Mission,” at https://hab.whoi.edu/
national-hab-committee/.
88 U.S. National Office for HABs, “National HAB Committee – Membership,” at https://hab.whoi.edu/national-hab-
committee/membership/.
89 Integrated Ocean Observing System, “About Us,” at https://ioos.noaa.gov/about/about-us/; and Great Lakes
Commission, “HABs Collaborative,” at https://www.glc.org/work/habs.
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Panel on HABs (IOC IPHAB),90 GlobalHAB,91 and the International Council for the Exploration
of the Sea (ICES) and its ICES-IOC Working Group on HAB Dynamics,92 among others.93
Potential Issues for Congress
Congress may consider several issues under its legislative and oversight responsibilities to
address recurring HABs. For example, Congress may consider whether to amend existing federal
agency authorities or provide new authorities related to marine HABs, and/or whether to adjust
appropriations for agencies to carry out programs under those authorities. Congress also may
examine how effective current coordination activities are in addressing HABs, deliberate whether
to alter existing coordinated efforts, or require new forms of coordination between federal or
federal and nonfederal entities on marine HAB-related issues.
Federal Marine HAB Expenditures
According to GAO, “federal agencies do not generally receive appropriations dedicated
specifically for HAB-related activities, [therefore] the extent and nature of their HAB-related
expenditures are not readily available to Congress or the general public.”94 Congress may be
interested in better understanding spending on federal marine HAB activities, which could require
an annual report or crosscut budget on the subject. For example, in the past, Congress has
directed the Office of Management and Budget to submit interagency crosscut budgets with
certain information about Chesapeake Bay and Great Lakes restoration.95 If considered in regard
to marine HABs, Congress could direct a federal agency to collect information on activities of
interest and associated spending within the agency or across federal agencies.

90 Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural
Organization, Harmful Algal Bloom Programme (IOC HAB Programme), “IPHAB-XV Provisional List of
Participants,” March 18, 2021, at http://hab.ioc-unesco.org/index.php?option=com_oe&task=viewDocumentRecord&
docID=27969. In March 2021, the group reported progress on several priorities set in 2019, including facilitating
further development of early detection, warning and forecasting of HABs and completing the Global HAB Status
Report and databases overviews, among other activities (IOC HAB Programme, “Executive Summary of the Fifteenth
Session of the IOC Intergovernmental Panel on Harmful Algal Blooms,” March 23-25, 2021, at http://hab.ioc-
unesco.org/index.php?option=com_oe&task=viewDocumentRecord&docID=28008).
91 IOC HAB Programme, SCOR-IOC GlobalHAB: Progress Report 2020-2021, March 18, 2021, at http://hab.ioc-
unesco.org/index.php?option=com_oe&task=viewDocumentRecord&docID=27958 (Hereinafter cited as GlobalHAB,
Progress Report 2020-2021). GlobalHAB is a working group of international scientists who share information on
HABs across the freshwater-to-marine continuum and the effects of HABs on humans The program received funding
from several federal sources in 2020-2021, including the National Science Foundation and NOAA (GlobalHAB,
Progress Report 2020-2021, p. 21).
92 The International Council for the Exploration of the Sea (ICES) is governed by a council of representatives from its
20 member countries, including the United States (ICES, “Who We Are - Member countries,” at https://www.ices.dk/
about-ICES/who-we-are/Pages/Member-Countries.aspx). Various groups within ICES include representatives from
U.S. federal and nonfederal entities, such as the ICES-IOC Working Group on HAB Dynamics (ICES, “Members,” at
https://www.ices.dk/community/groups/Pages/Members.aspx?Acronym=WGHABD).
93 For information on other international agencies and programs with interest in HABs, see ESA, HARRNESS, 2005, p.
28.
94 GAO-17-119, p. 5.
95 33 U.S.C. 1267 Note and 33 U.S.C. 1268a. For example, see Office of Management and Budget, Chesapeake Bay
Restoration Spending Crosscut, Report to Congress, November 2020, at https://www.chesapeakebay.net/documents/
2020-ChesapeakeBay-Crosscut.pdf; or Office of Management and Budget, Great Lakes Restoration Crosscut, Report
to Congress, November 2020, at https://trumpwhitehouse.archives.gov/wp-content/uploads/2020/11/2020-Great-Lakes-
Crosscut-Report.pdf.
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Federal Performance and Coordination on Marine HAB-Related
Activities
As described above, Congress has directed federal agencies to work together in certain ways and
has proposed additional coordinated activities in the 116th and 117th Congresses.96 Congress may
be interested in the performance of existing coordination efforts. Few, if any, evaluations of
federal interagency coordination exist. For instance, the 2016 GAO report on federal HAB
coordination did not evaluate agency performance or provide recommendations. An evaluation
may help Congress consider potential questions such as (1) whether federal HAB-related
activities are duplicative or appropriately coordinated across agencies; (2) how well federal
agencies are providing appropriate information and services to nonfederal stakeholders; (3)
whether and how information on marine HABs from nonfederal stakeholders is incorporated into
federal agency activities; and (4) whether nonfederal entities need additional financial and
technical support from federal agencies, among other questions.
New and Existing Federal Marine HAB Authorities
Congress has primarily tasked NOAA and EPA with specific marine HAB activities (see Table
3). Other agencies support HAB-related efforts under other authorities. Congress may consider
whether to change existing federal agency authorities or direct additional federal agencies to
fulfill specific roles in marine HAB activities. For example, in the 116th Congress, some Members
proposed legislation that would have directed federal entities to support research on certain
marine HAB-related topics (i.e., interactions between HABs and other environmental stressors).97
Other bills would have directed federal entities to modify their operations, support demonstration
programs, or develop plans to address HABs in certain locations.98
As noted, various stakeholders, such as experts from federal agencies and academic institutions,
have identified multiple research and policy needs to address HABs.99 In some cases, Congress
has enacted or proposed legislation that directs federal agency activities to support some of the
stakeholder recommendations. For example, Congress directed NOAA in FY2020 to update the
estimated annual economic impacts from HABs in the United States.100 In the 117th Congress,
some Members have reintroduced legislation that would direct NOAA to report to Congress
baseline information, trends, and climate change effects on the number, duration, size, location,
and causes of HABs, among other phenomena, on a biennial basis.101 Congress may consider
establishing new authorities or amending existing authorities (and funding) to support other
stakeholder-identified needs, such as establishing a national HAB observing network in coastal
and Great Lakes regions.

96 For example, in the 116th Congress, see provisions in H.R. 335/S. 10 (reintroduced as H.R. 565/S. 66 in the 117th
Congress), H.R. 1237, H.R. 3596, H.R. 8632, and S. 914.
97 For example, in the 116th Congress, see provisions in H.R. 729, H.R. 1237, H.R. 6738, S. 2699, and S. 2802.
98 For example, in the 116th Congress, see provisions in H.R. 133, H.R. 335/S. 10, H.R. 729, H.R. 3324, H.R. 7575,
H.R. 8632, S. 523/H.R. 1243, S. 1811, S. 2802, S. 3591, and S. 5056.
99 See the text box entitled “Identified Research and Policy Needs to Address Harmful Algal Blooms.”
100 For more information, see section entitled “Socioeconomic Impacts of HABs.”
101 See H.R. 3764, §1403, in the 117th Congress and H.R. 8632, §1503, in the 116th Congress.
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New and Existing Federal Marine HAB Funding
Congress also may consider whether to change appropriations amounts or support new types of
funding mechanisms for marine HAB activities at federal agencies, depending on an updated
assessment of past expenditures, an assessment of federal agency performance, or other
information. The funding could support existing marine HAB activities; needs identified by the
federal and nonfederal scientific community; emerging issues, such as HAB events of national
significance, or other priorities.
As noted, through recent report language accompanying appropriations bills, Congress has
directed several agencies to use FY2019, FY2020, and FY2021 appropriations to support HAB-
related activities.102 Several Members in the 116th Congress also introduced legislation that would
have provided appropriations for additional HAB-related work at federal agencies (e.g., research
into the mechanisms that result in HAB toxins and the impacts of HABs on human health).103
Other bills in the 116th Congress would have authorized appropriations to fund efforts at
nonfederal entities.104 Some Members in the 116th Congress also proposed the establishment of
other funding mechanisms for marine HABs activities, including public-private innovation prizes
and revolving loan funds, among others.105 Some of the legislation proposed in the 116th Congress
has been reintroduced in the 117th Congress.106
Additional Considerations
Congress has directed federal agencies to carry out certain marine HAB-related activities in
annual appropriations bills. Provisions included in appropriations bills are presumed temporary
unless a provision explicitly indicates futurity or is of “general character bearing no relation to the
object of the appropriation.”107 Congress, as it has in the past, may provide further policy
guidance within report or explanatory statement language associated with a bill; however, these
provisions are nonbinding. To direct federal activities related to marine HABs in the long term,
Members may deliberate whether to introduce and enact provisions previously included only in
appropriations bills or as language accompanying appropriations bills.

102 For more information, see section entitled “In addition, Congress has directed federal agencies to perform activities
that may indirectly address marine HABs. Some legislation authorizes federal agencies to address factors that may
contribute to HAB formation, such as excessive nutrient runoff. Other legislation requires multiple federal agencies to
support the conservation or restoration of habitats or species, which may indirectly help to prevent HAB formation. In
some cases, Congress also has provided some federal agencies with broad authorities related to environmental health
and public health prevention and research under which some agencies support activities related to marine HABs.
Federal Agency HAB Funding.”
103 For example, in the 116th Congress, see provisions in H.R. 21 or H.Amdt. 284 to H.R. 2740.
104 For example, in the 116th Congress, see provisions in H.R. 414, H.R. 729, H.R. 2405, H.R. 4160, H.R. 6738, and S.
2429.
105 For example, see S. 933/H.R. 3548 and H.R. 3531.
106 For example, see H.R. 74, S. 66/H.R. 565, and S. 140.
107 GAO, Principles of Federal Appropriations Law, Chapter 2: The Legal Framework, Fourth Edition, 2016, GAO-
16-464SP, p. 2-86.
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Appendix. Harmful Algal Blooms: Related FY2021
Appropriations Provisions and Federal Strategy
Recommendations and Progress
Table A-1. Summary of HAB-Related Provisions in Explanatory Statement and
Committee Reports Accompanying the FY2021 Appropriations Act (P.L. 116-260)
Department/
Agency
Summary of Provisions
U.S. Department
Directs ARS to support extramural and intramural research at FY2020 levels or greater for
of Agriculture/
multiple topics, including HABs
ARS
Department of
Directs NOAA’s National Ocean Service to use certain amounts of appropriations to
Commerce/

Support federal-nonfederal partnerships to monitor coastal areas for HABs and hypoxia
NOAA

Work with stakeholders to improve the transition of HAB operational data to
operational use

Continue and expand the IOOS pilot program, which monitors and detects HABs
through the IOOS regional associations

Establish a pilot IOOS Gulf of Mexico HAB monitoring and detection test bed

Support grants for nonfederal entities for HAB research, prioritizing development of
methods to prevent, mitigate, and control HAB events in fresh and marine waters with
additional attention in certain areas and the impacts of nutrient pol ution in coastal
areas on HABs timing, duration, and toxicity

Submit a report to the House Committee on Appropriations on deployed capabilities
and prior scope of work on the monitoring and management of nutrient runoff and its
associated effect on HABs and on coordination with other federal agencies in the
HABHRCA task forcea

Explore methods to increase monitoring and detection of HABs in freshwater systems
with academic stakeholders with expertise in unmanned aircraft systems
Department of the Directs USACE to use certain amounts of appropriations to
Army/USACE

Supplement activities related to HABs in freshwater ecosystems

Work with academic stakeholders to address HAB formation, detection, and
remediation in U.S. water resources

Develop “next generation” ecological models to maintain inland and intracoastal
waterways

Submit to the House Committee on Appropriations a report on the above activitiesb

Develop a “comprehensive research plan” to address HAB-related research needs and
brief the House and Senate Committees on Appropriations on the plan statusc

Support HAB-related activities including research on methods to mitigate HABs;
investigate HABs across multiple regions; develop strategies for early detection,
prevention, and management of HABs in water resources; work with academic
stakeholders to assess impacts of environmental triggers in riverine systems; and
improve early warning capabilities, including through the use of unmanned systems
Directs USACE to brief the House Committee on Appropriations on its role in responding
to HABs and on its role in the Interagency Task Force on HABs and Hypoxia,d and
encourages USACE to continue its participation in the task force
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Department/
Agency
Summary of Provisions
Department of the Directs USGS to use certain appropriations funding to
Interior/USGS

Support HAB research, including the prevalence of cyanobacteria and toxins in stream
and wetland ecosystems and associated health impacts, as well as sediment and nutrient
pathways that may result in HABs

Support HAB research under a national water quality program
EPA
Directs EPA to use certain appropriations funding to

Support research to prevent, monitor, predict, characterize, and control HABs, and
investigate adverse health effects from HABs and cyanobacteria toxins

Assess the impact of HABs on certain areas in South Florida

Support HAB work under a water quality protection program
Department of
Directs CDC to use certain appropriations funding for HAB work as part of broader work
Human Health
on emerging and zoonotic infectious diseases
Services/CDC
Source: U.S. Congress, House Committee on Appropriations, Committee Print on H.R. 133/Public Law 116-260
Book 1 of 2, committee print, 117th Cong., 1st sess., March 2021, pp. 71, 213-214, 855-856, and 858; U.S.
Congress, House Committee on Appropriations, Committee Print on H.R. 133/Public Law 116-260 Book 2 of 2,
committee print, 117th Cong., 1st sess., March 2021, pp. 1369, 1373, 1393, 1396, 1398, and 1603; U.S. Congress,
House Committee on Appropriations, Report together with minority views to accompany H.R. 7667, 116th Cong., 2nd
sess., July 16, 2020, H.Rept. 116-455, pp. 29-31; U.S. Congress, House Committee on Appropriations, Report
Together with Minority Views to Accompany H.R. 7613, 116th Cong., 2nd sess., July 15, 2020, H.Rept. 116-449, p. 66;
U.S. Congress, House Committee on Appropriations, Report Together with Minority Views to Accompany H.R. 7612,
116th Cong., 2nd sess., July 14, 2020, H.Rept. 116-448, pp. 42-43, and 86; and U.S. Congress, Senate Committee
on Appropriations, Report to Accompany S. 2580, 116th Cong., 1st sess., September 19, 2019, S.Rept. 116-123, p.
77.
Notes: ARS = Agricultural Research Service; CDC = Centers for Disease Control and Prevention; EPA = U.S.
Environmental Protection Agency; HAB = harmful algal bloom; HABHRCA = Harmful Algal Bloom and Hypoxia
Research and Control Act (P.L. 105-383, as amended); IOOS = Integrated Ocean Observing System; NOAA =
National Oceanic and Atmospheric Administration; USACE = U.S. Army Corps of Engineers; USGS = U.S.
Geological Survey.
a. The report is due to the committee within 180 days of the bil ’s enactment. According to NOAA, the
report had been drafted and was in review on May 18, 2021 (email correspondence with NOAA Office of
Legislative and Intergovernmental Affairs, May 18, 2021).
b. The report is due within 90 days of the bil ’s enactment. According to USACE, the agency briefed the
congressional appropriations committees on research related to next generation ecological modeling on
February 16, 2021 (email correspondence with USACE, May 21, 2021).
c. A status update on the report was due within 90 days of the bil ’s enactment, with the plan due within 180
days of the bil ’s enactment. According to USACE, the topic was covered in the February 2021 briefing, and
the plan is in review (email correspondence with USACE, May 21, 2021 and USACE Invasive Species
Leadership Team, “Harmful Algal Bloom Ownership-Agency Responsibility and Reporting,” September 14,
2021, Powerpoint Presentation).
d. A briefing is due within 120 days of the bil ’s enactment. According to USACE, the topic was covered in the
February 2021 briefing (email correspondence with USACE, May 21, 2021).
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Table A-2. Federal HAB and Hypoxia Action Strategy Recommendations and
Progress in Implementation
2016 Recommended Actions
Implemented Actions as of 2018 (Agency)
Add to and improve scientific understanding of HABs

Developed certified reference materials and other
and hypoxia as well as their causes and effects, and
standardized and validated detection and analysis
improve testing and research methods
methods for HAB toxins (multiple agencies)

Conducted studies on toxins in food and on toxin
mixtures (EPA)

Developed lower-cost, more effective HAB
suppression and control methods that have
minimal environmental effects (NOAA and
USACE)

Examined the influence of climate change,
atmospheric deposition of nutrients, and other
factors that may affect the occurrence, frequency,
and severity of HABs and hypoxia (EPA)

Developed case definitions for the spectrum of
HAB-related il nesses and produced clinical
therapeutic guidance for the spectrum of il nesses
associated with exposure to HAB cells and toxins
(CDC)
Strengthen and integrate new and existing monitoring

Strengthened long-term HAB and hypoxia
programs
monitoring activities (multiple agencies)

Integrated new monitoring technologies into
emerging U.S. and global ocean-observation
systems (multiple agencies)

Developed a rapid-response strategy for assessing
HAB exposure (FDA, NOAA, and EPA)
Improve predictive capabilities by developing and

Developed, improved, and validated HAB and
enhancing HAB and hypoxia modeling programs, and
hypoxia models and remote sensing (EPA, NASA,
improve disease surveil ance for human and animal
NOAA, and USGS)
exposure, il ness, and death

Developed enhanced surveil ance for human and
animal exposure, il nesses, disease, and death
resulting from HAB toxins (CDC, EPA, and FDA)
Improve stakeholder communications, including having

Improved communication and coordination among
more effective and more readily available public
health and environmental agencies so reports of
advisories, stronger connections with susceptible
HAB-associated animal poisonings are used as
communities, and a better understanding of the
indicators of potential human-health risk (multiple
socioeconomic and health-related impacts of HABs and
agencies)
hypoxia

Developed science-based guidelines for
cyanotoxins (EPA)

Identified susceptible populations at higher risk for
HAB-associated adverse health effects (CDC and
EPA)

Expanded stakeholder engagement (multiple
agencies)

Evaluated socioeconomic impacts of HABs and
hypoxia, as well as the costs of mitigation (NOAA
and CDC)
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Continue and expand col aborations in research,

Continued and expanded relevant research,
management, and policy-related arenas
management, and policy col aborations (USDA and
EPA)

Developed guidelines and tests for HAB toxins in
drinking and recreational water and improved
toxin removal during drinking water treatment
(EPA)
Sources: Interagency Working Group on Harmful Algal Bloom and Hypoxia Research and Control Act (IWG-
HABHRCA), Harmful Algal Blooms and Hypoxia Comprehensive Research Plan and Action Strategy: An Interagency
Report, February 2016, pp. 3-4, at https://obamawhitehouse.archives.gov/sites/default/files/microsites/ostp/NSTC/
final_habs_hypoxia_research_plan_and_action.pdf; and IWG-HABHRCA, Harmful Algal Blooms and Hypoxia in the
United States: A Report on Interagency Progress and Implementation, March 2018, pp. 14-26, at
https://cdn.coastalscience.noaa.gov/page-attachments/research/FINAL_USEC%20signed%20-
%20Progress%20and%20Implementation%20Report_HABHRCA.pdf.
Notes: Agencies or departments that worked on the implementation of each action are noted in parentheses.
CDC = Centers for Disease Control and Prevention; EPA = U.S. Environmental Protection Agency; FDA =
Federal Drug Administration; HAB = harmful algal bloom; NASA = National Aeronautics and Space
Administration; NOAA = National Oceanic and Atmospheric Administration; USACE = U.S. Army Corps of
Engineers; USDA = U.S. Department of Agriculture; USGS = U.S. Geological Survey.

Author Information

Eva Lipiec

Analyst in Natural Resources Policy

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