[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>