[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>