[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3348 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3348
To amend the Harmful Algal Blooms and Hypoxia Research and Control Act
of 1998 to address harmful algal blooms, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 27, 2023
Mr. Sullivan (for himself and Ms. Baldwin) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Harmful Algal Blooms and Hypoxia Research and Control Act
of 1998 to address harmful algal blooms, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harmful Algal Bloom and Hypoxia
Research and Control Amendments Act of 2023''.
SEC. 2. AMENDMENTS TO THE HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND
CONTROL ACT OF 1998.
(a) Assessments.--
(1) In general.--Section 603 of the Harmful Algal Blooms
and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4001)
is amended--
(A) in the section heading, by striking
``assessments'' and inserting ``task force,
assessments, and action strategy'';
(B) in subsection (a)--
(i) by redesignating paragraphs (13) and
(14) as paragraphs (14) and (15), respectively;
and
(ii) by inserting after paragraph (12) the
following:
``(13) the Department of Energy;'';
(C) by striking subsections (b), (c), (d), (e),
(g), (h), and (i) and redesignating subsection (f) as
subsection (b);
(D) in subsection (b), as so redesignated--
(i) in paragraph (1), in the first
sentence, by striking ``coastal waters
including the Great Lakes'' and inserting
``marine, estuarine, and freshwater systems'';
and
(ii) in paragraph (2)--
(I) by amending subparagraph (A) to
read as follows:
``(A) examine--
``(i) the causes and ecological consequences of
hypoxia on marine and aquatic species in their natural
environments; and
``(ii) the socio-cultural or economic costs of
hypoxia, including impacts on food safety and
security;'';
(II) by redesignating subparagraphs
(B), (C), and (D) as subparagraphs (D),
(E), and (F), respectively;
(III) by inserting after
subparagraph (A) the following:
``(B) examine the effect of other environmental stressors
on hypoxia;
``(C) evaluate alternatives for reducing, mitigating, and
controlling hypoxia and its environmental impacts;'';
(IV) in subparagraph (D), as
redesignated by subclause (II), by
inserting ``, social,'' after
``ecological''; and
(V) in subparagraph (E), as
redesignated by subclause (II), by
striking ``hypoxia modeling and
monitoring data'' and inserting
``hypoxia modeling, forecasting, and
monitoring and observation data''; and
(E) by adding at the end the following:
``(c) Action Strategy and Scientific Assessment for Marine and
Freshwater Harmful Algal Blooms.--
``(1) In general.--Not less frequently than once every 5
years, the Task Force shall complete and submit to Congress an
action strategy for harmful algal blooms in the United States.
``(2) Elements.--Each Action Strategy shall--
``(A) examine, and include a scientific assessment
of, marine and freshwater harmful algal blooms,
including such blooms--
``(i) in the Great Lakes and upper reaches
of estuaries;
``(ii) in freshwater lakes and rivers; and
``(iii) that originate in freshwater lakes
or rivers and migrate to coastal waters;
``(B) examine the causes, ecological consequences,
and economic or socio-cultural impacts, including food
safety and security, of harmful algal blooms;
``(C) examine the effect of other environmental
stressors on harmful algal blooms;
``(D) examine potential methods to prevent,
control, and mitigate harmful algal blooms and the
potential ecological, social, cultural, and economic
costs and benefits of such methods;
``(E) identify priorities for research needed to
advance techniques and technologies to detect, predict,
monitor, respond to, and minimize the occurrence,
duration, and severity of harmful algal blooms,
including recommendations to eliminate significant gaps
in harmful algal bloom forecasting, monitoring, and
observation data;
``(F) evaluate progress made by, and the needs of,
activities and actions of the Task Force to prevent,
control, and mitigate harmful algal blooms;
``(G) identify ways to improve coordination and
prevent unnecessary duplication of effort among Federal
agencies with respect to research on harmful algal
blooms; and
``(H) include regional chapters relating to the
requirements described in this paragraph in order to
highlight geographically and ecologically diverse
locations with significant ecological, social,
cultural, and economic impacts from harmful algal
blooms.
``(d) Consultation.--In carrying out subsections (b) and (c), the
Task Force shall consult with--
``(1) States, Indian tribes, and local governments; and
``(2) appropriate industries (including fisheries,
agriculture, and fertilizer), academic institutions, and
nongovernmental organizations with relevant expertise.''.
(2) Clerical amendment.--The table of contents in section 2
of the Coast Guard Authorization Act of 1998 (Public Law 105-
383; 112 Stat. 3412; 136 Stat. 1268) is amended by striking the
item relating to section 603 and inserting the following:
``Sec. 603. Task Force, assessments, and Action Strategy.''.
(3) Conforming amendment.--Section 102 of the Harmful Algal
Bloom and Hypoxia Amendments Act of 2004 (33 U.S.C. 4001a) is
amended by striking ``In developing'' and all that follows
through ``management.''.
(b) National Harmful Algal Bloom and Hypoxia Program.--Section 603A
of the Harmful Algal Blooms and Hypoxia Research and Control Act of
1998 (33 U.S.C. 4002) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``predicting,'' and
inserting ``monitoring, observing,
forecasting,''; and
(ii) by striking ``and'' after the
semicolon; and
(B) by striking paragraph (2) and inserting the
following:
``(2) the scientific assessment submitted under section
603(b); and
``(3) the Action Strategy.'';
(2) in subsection (c)--
(A) in paragraph (3), by striking ``ocean and Great
Lakes science and management programs and centers'' and
inserting ``programs and centers relating to the
science and management of marine, estuarine, and
freshwater systems''; and
(B) in paragraph (5), by inserting ``while
recognizing each agency is acting under its own
independent mission and authority'' before the
semicolon;
(3) in subsection (d), by striking ``Except as provided in
subsection (h), the'' and inserting ``The'';
(4) in subsection (e)--
(A) in the matter preceding paragraph (1), by
inserting ``(or the Administrator, as provided under
subsection (g))'' after ``Under Secretary'';
(B) by amending paragraph (2) to read as follows:
``(2) examine, in collaboration with State and local
entities and Indian tribes, including island communities, low-
population rural communities, Indigenous communities,
subsistence communities, fisheries, and recreation industries
that are most dependent on coastal and water resources that may
be impacted by marine and freshwater harmful algal blooms and
hypoxia, the causes, ecological consequences, cultural impacts,
and social and economic costs of harmful algal blooms and
hypoxia;'';
(C) by striking paragraph (3);
(D) by redesignating paragraphs (4), (5), and (6)
as paragraphs (3), (4), and (5), respectively;
(E) in paragraph (3), as so redesignated, by
striking ``agencies'' and inserting ``entities,
regional coastal observing systems (as defined in
section 12303 of the Integrated Coastal and Ocean
Observation System Act of 2009 (33 U.S.C. 3602)),'';
(F) in paragraph (5), as redesignated by
subparagraph (D), by inserting ``and communities''
after ``ecosystems'';
(G) by inserting after paragraph (5), as
redesignated by subparagraph (D), the following:
``(6) support sustained observations, including through
peer-reviewed, merit-based, competitive grant funding, to
provide State and local entities, Indian tribes, and other
entities access to real-time or near real-time observation data
for decision-making to protect human and ecological health and
local economies;'';
(H) in paragraph (8), by inserting ``and Indian
tribes'' after ``managers''; and
(I) in paragraph (9)(A), by striking ``, tribal,
and local stakeholders'' and inserting ``and local
stakeholders and Indian tribes'';
(5) by amending subsections (f), (g), and (h) to read as
follows:
``(f) Cooperation and Coordination.--The Under Secretary shall--
``(1) work cooperatively with and avoid duplication of
effort of other agencies on the Task Force and States, Indian
tribes, and nongovernmental organizations concerned with marine
and freshwater issues; and
``(2) coordinate harmful algal bloom and hypoxia and
related activities and research with those entities.
``(g) Freshwater and Estuarine Program Duties.--The Administrator,
in coordination with the Task Force, shall--
``(1) carry out the duties under the Administrator's
purview under subsection (e) for freshwater aspects of the
Program through the activities required under section 603C; and
``(2) coordinate with the Under Secretary on estuarine
aspects of the Program through the activities required under
this section.
``(h) Anti-Deficiency Act Applied to Harmful Algal Bloom
Services.--Any services accepted by an officer or employee of the
United States Government under this title relating to the development
and dissemination of forecasts and bulletins through the Harmful Algal
Bloom Operational Forecast System of the National Centers for Coastal
Ocean Science and the National Oceanic and Atmospheric Administration
shall be considered, for purposes of section 1342 of title 31, United
States Code, services for an emergency involving the safety of human
life or the protection of property. Such consideration shall apply only
to services performed for areas with active harmful algal blooms during
any lapse in appropriations beginning on or after the date of the
enactment of the Harmful Algal Bloom and Hypoxia Research and Control
Amendments Act of 2023.''; and
(6) by striking subsection (i).
(c) National Oceanic and Atmospheric Administration Activities.--
(1) In general.--Section 603B of the Harmful Algal Blooms
and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4003)
is amended to read as follows:
``SEC. 603B. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
ACTIVITIES.
``(a) In General.--The Under Secretary shall--
``(1) carry out response activities for marine, coastal,
and Great Lakes harmful algal bloom and hypoxia events;
``(2) develop and enhance operational harmful algal bloom
observing and forecasting programs, including operational
observations and forecasting, monitoring, modeling, data
management, and information dissemination;
``(3) maintain and enhance peer-reviewed, merit-based,
competitive grant funding relating to harmful algal blooms and
hypoxia--
``(A) to maintain and enhance baseline monitoring
programs established by the Program;
``(B) to support the projects maintained and
established by the Program;
``(C) to address the research and management needs
and priorities identified in the Action Strategy;
``(D) to accelerate the utilization of effective
methods of intervention and mitigation to reduce the
frequency, severity, and impacts of harmful algal bloom
and hypoxia events;
``(E) to identify opportunities to improve
monitoring of harmful algal bloom and hypoxia, with a
particular focus on coastal waters that may affect
fisheries, public health, or subsistence harvest;
``(F) to examine the effects of other environmental
stressors on harmful algal blooms and hypoxia;
``(G) to assess the effects of multiple
environmental stressors on living marine resources and
coastal ecosystems; and
``(H) to evaluate adaptation and mitigation
strategies to address the impacts of harmful algal
blooms and hypoxia;
``(4) enhance communication and coordination among Federal
agencies carrying out activities and research relating to
marine and freshwater harmful algal bloom and hypoxia;
``(5) to the greatest extent practicable, leverage existing
resources and expertise available from local research
universities and institutions; and
``(6) use cost effective methods in carrying out this
section.
``(b) Integrated Coastal and Ocean Observation System.--The
collection of monitoring and observing data under this section shall
comply with all data standards and protocols developed pursuant to the
Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C.
3601 et seq.). Such data shall be made available through the National
Integrated Coastal and Ocean Observation System established under
section 12304 of that Act (33 U.S.C. 3603).''.
(2) Clerical amendment.--The table of contents in section 2
of the Coast Guard Authorization Act of 1998 (Public Law 105-
383; 112 Stat. 3412; 136 Stat. 1268) is amended by striking the
item relating to section 603B and inserting the following:
``Sec. 603B. National Oceanic and Atmospheric Administration
activities.''.
(d) Environmental Protection Agency Activities.--
(1) In general.--The Harmful Algal Bloom and Hypoxia
Research and Control Act of 1998 is amended by inserting after
section 603B (33 U.S.C. 4003) the following:
``SEC. 603C. ENVIRONMENTAL PROTECTION AGENCY ACTIVITIES.
``(a) In General.--The Administrator shall--
``(1) carry out research on the ecology and human health
impacts of freshwater harmful algal blooms and hypoxia events;
``(2) develop and maintain forecasting and monitoring of,
and event response to, freshwater harmful algal blooms in
lakes, rivers, estuaries (including tributaries thereof), and
reservoirs;
``(3) enhance communication and coordination among Federal
agencies carrying out freshwater harmful algal bloom and
hypoxia activities and research;
``(4) to the greatest extent practicable, leverage existing
resources and expertise available at local research
universities and institutions; and
``(5) use cost-effective methods in carrying out this
section.
``(b) Nonduplication.--The Administrator shall ensure that
activities carried out under subsection (a) focus on new approaches to
addressing freshwater harmful algal blooms and are not duplicative of
existing research and development programs authorized by this title or
any other law.''.
(2) Clerical amendment.--The table of contents in section 2
of the Coast Guard Authorization Act of 1998 (Public Law 105-
383; 112 Stat. 3412; 136 Stat. 1268) is amended by inserting
after the item relating to section 603B the following:
``Sec. 603C. Environmental Protection Agency activities.''.
(e) National Harmful Algal Bloom and Hypoxia Observing Network.--
(1) In general.--Section 606 of the Harmful Algal Blooms
and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4005)
is amended to read as follows:
``SEC. 606. NATIONAL HARMFUL ALGAL BLOOM OBSERVING NETWORK.
``(a) In General.--The Under Secretary, acting through the National
Centers for Coastal Ocean Science and the Integrated Ocean Observing
System of the National Oceanic and Atmospheric Administration, shall
integrate Federal, State, regional, and local observing capabilities to
establish a national network of observing systems for the monitoring,
detection, and forecasting of harmful algal blooms by leveraging the
capacity of regional associations of the Integrated Ocean Observing
System, including through the incorporation of emerging technologies
and new data integration methods, such as artificial intelligence.
``(b) Coordination and Data Assembly.--In carrying out subsection
(a), the Program Office of the Integrated Ocean Observing System
shall--
``(1) coordinate with the National Centers for Coastal
Ocean Science regarding observations, data integration, and
information dissemination; and
``(2) establish a center for the assembly of data on
harmful algal blooms to integrate, disseminate, and provide a
central architecture to support ecological forecasting.''.
(2) Clerical amendment.--The table of contents in section 2
of the Coast Guard Authorization Act of 1998 (Public Law 105-
383; 112 Stat. 3412; 136 Stat. 1268) is amended by striking the
item relating to section 606 and inserting the following:
``Sec. 606. National harmful algal bloom observing network.''.
(f) National-Level Incubator Program.--
(1) In general.--The Harmful Algal Blooms and Hypoxia
Research and Control Act of 1998 is amended by inserting after
section 606 (33 U.S.C. 4005) the following:
``SEC. 606A. NATIONAL-LEVEL INCUBATOR PROGRAM.
``(a) In General.--The Under Secretary, in collaboration with the
Administrator and research universities and institutions, shall
establish a national-level incubator program (in this section referred
to as the `program') to increase the number of strategies,
technologies, and measures available to prevent, mitigate, and control
harmful algal blooms.
``(b) Framework.--The program shall establish a framework for
preliminary assessments of novel strategies, technologies, and measures
to prevent, mitigate, and control harmful algal blooms in order to
determine the potential effectiveness and scalability of such
technologies.
``(c) Funding.--The program shall provide merit-based funding,
using amounts otherwise available to the Under Secretary for the award
of grants, for strategies, technologies, and measures that eliminate or
reduce, through biological, chemical, or physical means, the levels of
harmful algae and associated toxins resulting from harmful algal
blooms.
``(d) Database.--The program shall include a database for
cataloging the licensing and permitting requirements, economic costs,
feasibility, effectiveness, and scalability of novel and established
strategies, technologies, and measures to prevent, mitigate, and
control harmful algal blooms.
``(e) Prioritization.--In carrying out the program, the Under
Secretary shall prioritize proposed strategies, technologies, and
measures that would, to the maximum extent practicable--
``(1) protect key habitats for fish and wildlife;
``(2) maintain biodiversity;
``(3) protect public health;
``(4) protect coastal resources of national, historical,
and cultural significance; or
``(5) benefit low-income communities, Indian tribes or
Indigenous communities, and rural communities.''.
(2) Clerical amendment.--The table of contents in section 2
of the Coast Guard Authorization Act of 1998 (Public Law 105-
383; 112 Stat. 3412; 136 Stat. 1268) is amended by inserting
after the item relating to section 606 the following:
``Sec. 606A. National-level incubator program.''.
(g) Definitions.--Section 609 of the Harmful Algal Blooms and
Hypoxia Research and Control Act of 1998 (33 U.S.C. 4008) is amended--
(1) in paragraph (1), by striking ``means the comprehensive
research plan and action strategy established under section
603B'' and inserting ``means the action strategy for harmful
algal blooms in the United States most recently submitted under
section 603(c)'';
(2) by amending paragraph (3) to read as follows:
``(3) Harmful algal bloom.--The term `harmful algal bloom'
means a high concentration of marine or freshwater algae or
macroalgae, including Sargassum, resulting in nuisance
conditions or harmful impacts on marine and freshwater
ecosystems, communities, or human health through the production
of toxic compounds or other biological, chemical, or physical
impacts of the algae outbreak.'';
(3) by striking paragraph (9);
(4) by redesignating paragraphs (4), (5), (6), (7), and (8)
as paragraphs (6), (7), (8), (10), and (11), respectively;
(5) by inserting after paragraph (3) the following:
``(4) Harmful algal bloom and hypoxia event.--The term
`harmful algal bloom and hypoxia event' means the occurrence of
a harmful algal bloom or hypoxia as a result of a natural,
anthropogenic, or undetermined cause.
``(5) Indian tribe.--The term `Indian tribe' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).'';
(6) in paragraph (6), as redesignated by paragraph (4)--
(A) by striking ``aquatic'' and inserting ``marine
or freshwater''; and
(B) by striking ``resident'' and inserting ``marine
or freshwater''; and
(7) by inserting after paragraph (8), as redesignated by
paragraph (4), the following:
``(9) Subsistence use.--The term `subsistence use' means
the customary and traditional use of fish, wildlife, or other
freshwater, coastal, or marine resources by any individual or
community to meet personal or family needs, including essential
economic, nutritional, or cultural applications.''.
(h) Authorization of Appropriations.--Subsection (a) of section 610
of the Harmful Algal Blooms and Hypoxia Research and Control Act of
1998 (33 U.S.C. 4009) is amended to read as follows:
``(a) In General.--There is authorized to be appropriated to carry
out this title, for each of fiscal years 2024 through 2028--
``(1) $19,500,000 to the Under Secretary; and
``(2) $8,000,000 to the Administrator.''.
SEC. 3. OTHER HARMFUL ALGAL BLOOM MATTERS.
(a) Harmful Algal Bloom or Hypoxia Event of National
Significance.--Section 9(g) of the National Integrated Drought
Information System Reauthorization Act of 2018 (33 U.S.C. 4010(g)) is
amended--
(1) in paragraph (1), by adding at the end the following:
``(D) Contract, grant, and cooperative agreement
authority.--The Under Secretary of Commerce for Oceans
and Atmosphere may enter into agreements and grants
with States, Indian Tribes, local governments, or other
entities to pay for or reimburse costs incurred by such
entities for the purposes of supporting the
determination of, and assessing the environmental,
economic, social, subsistence use, and public health
effects of, a harmful algal bloom or hypoxia event of
national significance.'';
(2) in paragraph (2)(A), by inserting ``, a leadership
official of an affected Indian Tribe, the executive official of
the District of Columbia, or the executive official of an
affected territory or possession of the United States,'' after
``State''; and
(3) by adding at the end the following:
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $2,000,000 for
each of fiscal years 2024 through 2028, to remain available
until expended.''.
(b) Protect Families From Toxic Algal Blooms.--Section 128 of the
Water Resources Development Act of 2020 (33 U.S.C. 610 note; division
AA of Public Law 116-260) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Harmful Algal Bloom Technologies.--In carrying out the
demonstration program under subsection (a), the Secretary may enter
into agreements with water and irrigation districts located in the
focus areas described in subsections (c) and (d) for the use or sale of
any new technologies developed under the demonstration program to
expedite the removal of harmful algal blooms in those areas.''.
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