[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 3348 Reported in Senate (RS)] <DOC> Calendar No. 512 118th CONGRESS 2d 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, Ms. Baldwin, Mr. Blumenthal, Mr. King, Mr. Peters, Ms. Murkowski, Mr. Kennedy, Mr. Merkley, Mr. Wicker, Ms. Collins, Mr. Padilla, Ms. Butler, Mr. Whitehouse, Mr. Cassidy, Mr. Cornyn, and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation September 17, 2024 Reported by Ms. Cantwell, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ 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, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2023''.</DELETED> <DELETED>SEC. 2. AMENDMENTS TO THE HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND CONTROL ACT OF 1998.</DELETED> <DELETED> (a) Assessments.--</DELETED> <DELETED> (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--</DELETED> <DELETED> (A) in the section heading, by striking ``assessments'' and inserting ``task force, assessments, and action strategy'';</DELETED> <DELETED> (B) in subsection (a)--</DELETED> <DELETED> (i) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; and</DELETED> <DELETED> (ii) by inserting after paragraph (12) the following:</DELETED> <DELETED> ``(13) the Department of Energy;'';</DELETED> <DELETED> (C) by striking subsections (b), (c), (d), (e), (g), (h), and (i) and redesignating subsection (f) as subsection (b);</DELETED> <DELETED> (D) in subsection (b), as so redesignated--</DELETED> <DELETED> (i) in paragraph (1), in the first sentence, by striking ``coastal waters including the Great Lakes'' and inserting ``marine, estuarine, and freshwater systems''; and</DELETED> <DELETED> (ii) in paragraph (2)--</DELETED> <DELETED> (I) by amending subparagraph (A) to read as follows:</DELETED> <DELETED> ``(A) examine--</DELETED> <DELETED> ``(i) the causes and ecological consequences of hypoxia on marine and aquatic species in their natural environments; and</DELETED> <DELETED> ``(ii) the socio-cultural or economic costs of hypoxia, including impacts on food safety and security;'';</DELETED> <DELETED> (II) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (D), (E), and (F), respectively;</DELETED> <DELETED> (III) by inserting after subparagraph (A) the following:</DELETED> <DELETED> ``(B) examine the effect of other environmental stressors on hypoxia;</DELETED> <DELETED> ``(C) evaluate alternatives for reducing, mitigating, and controlling hypoxia and its environmental impacts;'';</DELETED> <DELETED> (IV) in subparagraph (D), as redesignated by subclause (II), by inserting ``, social,'' after ``ecological''; and</DELETED> <DELETED> (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</DELETED> <DELETED> (E) by adding at the end the following:</DELETED> <DELETED> ``(c) Action Strategy and Scientific Assessment for Marine and Freshwater Harmful Algal Blooms.--</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(2) Elements.--Each Action Strategy shall-- </DELETED> <DELETED> ``(A) examine, and include a scientific assessment of, marine and freshwater harmful algal blooms, including such blooms--</DELETED> <DELETED> ``(i) in the Great Lakes and upper reaches of estuaries;</DELETED> <DELETED> ``(ii) in freshwater lakes and rivers; and</DELETED> <DELETED> ``(iii) that originate in freshwater lakes or rivers and migrate to coastal waters;</DELETED> <DELETED> ``(B) examine the causes, ecological consequences, and economic or socio-cultural impacts, including food safety and security, of harmful algal blooms;</DELETED> <DELETED> ``(C) examine the effect of other environmental stressors on harmful algal blooms;</DELETED> <DELETED> ``(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;</DELETED> <DELETED> ``(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;</DELETED> <DELETED> ``(F) evaluate progress made by, and the needs of, activities and actions of the Task Force to prevent, control, and mitigate harmful algal blooms;</DELETED> <DELETED> ``(G) identify ways to improve coordination and prevent unnecessary duplication of effort among Federal agencies with respect to research on harmful algal blooms; and</DELETED> <DELETED> ``(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.</DELETED> <DELETED> ``(d) Consultation.--In carrying out subsections (b) and (c), the Task Force shall consult with--</DELETED> <DELETED> ``(1) States, Indian tribes, and local governments; and</DELETED> <DELETED> ``(2) appropriate industries (including fisheries, agriculture, and fertilizer), academic institutions, and nongovernmental organizations with relevant expertise.''.</DELETED> <DELETED> (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:</DELETED> <DELETED>``Sec. 603. Task Force, assessments, and Action Strategy.''. <DELETED> (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.''.</DELETED> <DELETED> (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--</DELETED> <DELETED> (1) in subsection (a)--</DELETED> <DELETED> (A) in paragraph (1)--</DELETED> <DELETED> (i) by striking ``predicting,'' and inserting ``monitoring, observing, forecasting,''; and</DELETED> <DELETED> (ii) by striking ``and'' after the semicolon; and</DELETED> <DELETED> (B) by striking paragraph (2) and inserting the following:</DELETED> <DELETED> ``(2) the scientific assessment submitted under section 603(b); and</DELETED> <DELETED> ``(3) the Action Strategy.'';</DELETED> <DELETED> (2) in subsection (c)--</DELETED> <DELETED> (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</DELETED> <DELETED> (B) in paragraph (5), by inserting ``while recognizing each agency is acting under its own independent mission and authority'' before the semicolon;</DELETED> <DELETED> (3) in subsection (d), by striking ``Except as provided in subsection (h), the'' and inserting ``The'';</DELETED> <DELETED> (4) in subsection (e)--</DELETED> <DELETED> (A) in the matter preceding paragraph (1), by inserting ``(or the Administrator, as provided under subsection (g))'' after ``Under Secretary'';</DELETED> <DELETED> (B) by amending paragraph (2) to read as follows:</DELETED> <DELETED> ``(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;'';</DELETED> <DELETED> (C) by striking paragraph (3);</DELETED> <DELETED> (D) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively;</DELETED> <DELETED> (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)),'';</DELETED> <DELETED> (F) in paragraph (5), as redesignated by subparagraph (D), by inserting ``and communities'' after ``ecosystems'';</DELETED> <DELETED> (G) by inserting after paragraph (5), as redesignated by subparagraph (D), the following:</DELETED> <DELETED> ``(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;'';</DELETED> <DELETED> (H) in paragraph (8), by inserting ``and Indian tribes'' after ``managers''; and</DELETED> <DELETED> (I) in paragraph (9)(A), by striking ``, tribal, and local stakeholders'' and inserting ``and local stakeholders and Indian tribes'';</DELETED> <DELETED> (5) by amending subsections (f), (g), and (h) to read as follows:</DELETED> <DELETED> ``(f) Cooperation and Coordination.--The Under Secretary shall--</DELETED> <DELETED> ``(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</DELETED> <DELETED> ``(2) coordinate harmful algal bloom and hypoxia and related activities and research with those entities.</DELETED> <DELETED> ``(g) Freshwater and Estuarine Program Duties.--The Administrator, in coordination with the Task Force, shall--</DELETED> <DELETED> ``(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</DELETED> <DELETED> ``(2) coordinate with the Under Secretary on estuarine aspects of the Program through the activities required under this section.</DELETED> <DELETED> ``(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</DELETED> <DELETED> (6) by striking subsection (i).</DELETED> <DELETED> (c) National Oceanic and Atmospheric Administration Activities.--</DELETED> <DELETED> (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:</DELETED> <DELETED>``SEC. 603B. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ACTIVITIES.</DELETED> <DELETED> ``(a) In General.--The Under Secretary shall--</DELETED> <DELETED> ``(1) carry out response activities for marine, coastal, and Great Lakes harmful algal bloom and hypoxia events;</DELETED> <DELETED> ``(2) develop and enhance operational harmful algal bloom observing and forecasting programs, including operational observations and forecasting, monitoring, modeling, data management, and information dissemination;</DELETED> <DELETED> ``(3) maintain and enhance peer-reviewed, merit- based, competitive grant funding relating to harmful algal blooms and hypoxia--</DELETED> <DELETED> ``(A) to maintain and enhance baseline monitoring programs established by the Program;</DELETED> <DELETED> ``(B) to support the projects maintained and established by the Program;</DELETED> <DELETED> ``(C) to address the research and management needs and priorities identified in the Action Strategy;</DELETED> <DELETED> ``(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;</DELETED> <DELETED> ``(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;</DELETED> <DELETED> ``(F) to examine the effects of other environmental stressors on harmful algal blooms and hypoxia;</DELETED> <DELETED> ``(G) to assess the effects of multiple environmental stressors on living marine resources and coastal ecosystems; and</DELETED> <DELETED> ``(H) to evaluate adaptation and mitigation strategies to address the impacts of harmful algal blooms and hypoxia;</DELETED>