[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 93 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 93
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
January 14, 2025
Mr. Sullivan (for himself, Ms. Baldwin, Ms. Collins, Mr. Cornyn, Mr.
Merkley, Mr. Peters, and Mr. Whitehouse) 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 2025''.
SEC. 2. AMENDMENTS TO THE HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND
CONTROL ACT OF 1998.
(a) Assessments.--
(1) In general.--Section 603 of the Harmful Algal Bloom 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 environments; and
``(ii) the 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;''; and
(IV) 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;
``(ii) in the upper reaches of estuaries;
``(iii) in freshwater lakes and rivers;
``(iv) in coastal and marine waters; and
``(v) that originate in freshwater lakes or
rivers and migrate to coastal waters;
``(B) examine the causes, ecological consequences
or physiological consequences on wildlife function, and
economic or cultural impacts, including food safety and
security and subsistence use, 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, subsistence use, 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, subsistence use,
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 Bloom 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) by striking paragraph (2) and inserting the
following:
``(2) examine the causes, ecological consequences, and
costs of harmful algal blooms and hypoxia;'';
(B) in paragraph (3)--
(i) in subparagraph (B), by inserting ``,
including the annual Gulf of Mexico hypoxia
zone mapping cruise'' after ``Program'';
(ii) in subparagraph (C), by striking
``and'' after the semicolon; and
(iii) by adding at the end the following:
``(E) to identify opportunities to improve
monitoring of harmful algal blooms and hypoxia, with a
particular focus on waters that may affect fisheries,
public health, or subsistence harvest;
``(F) to evaluate adaptation and mitigation
strategies to address the impacts of harmful algal
blooms and hypoxia;
``(G) to support the resilience of the seafood
industry to harmful algal blooms and to expand access
to testing for harmful algal bloom toxins, including
for subsistence and recreational harvesters, through
innovative methods that increase the efficiency and
effectiveness of such testing in rural and remote
areas;
``(H) to support sustained observations to provide
State and local entities, Indian tribes, and other
entities access to real-time or near real-time
observations data for decision making to protect human
and ecological health and local economies; and
``(I) to assess the combined effects of harmful
algal blooms, hypoxia, and stressors such as runoff and
infrastructure changes on marine, freshwater, or
estuarine ecosystems and living resources;'';
(C) in paragraph (4), 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)),'';
(D) in paragraph (6), by inserting ``and
communities'' after ``ecosystems'';
(E) in paragraph (8), by inserting ``and Indian
tribes'' after ``managers'';
(F) in paragraph (9)(A), by striking ``, tribal,
and local stakeholders'' and inserting ``and local
stakeholders and Indian tribes, Tribal organizations,
and Native Hawaiian organizations'';
(G) by redesignating paragraphs (3), (4), (5), (6),
(7), (8), (9), (10), and (11) as paragraphs (4), (5),
(6), (7), (8), (9), (10), (12), and (13), respectively;
(H) by inserting after paragraph (2) the following:
``(3) consult with entities that are most dependent on
coastal and water resources that may be impacted by marine and
freshwater harmful algal blooms and hypoxia, including--
``(A) State and local entities;
``(B) Indian tribes, Tribal organizations, and
Native Hawaiians organizations;
``(C) island communities;
``(D) low-population rural communities;
``(E) subsistence communities; and
``(F) fisheries and recreation industries;''; and
(I) by inserting after paragraph (10), as
redesignated by subparagraph (G), the following:
``(11) expand access to testing for harmful algal bloom
toxins, including for subsistence and recreational harvesters,
through innovative methods that increase the efficiency and
effectiveness of such testing in rural and remote areas;'';
(5) by amending subsections (f) to read as follows:
``(f) Cooperation; Duplication of Effort.--The Under Secretary
shall work cooperatively with and avoid duplication of effort of other
agencies on the Task Force and States, Indian tribes, Tribal
organizations, Native Hawaiian organizations, and nongovernmental
organizations concerned with marine and freshwater issues.''; and
(6) by striking subsection (g), (h), and (i).
(c) National Oceanic and Atmospheric Administration Activities.--
(1) In general.--Section 603B of the Harmful Algal Bloom
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) develop forecast modeling that includes the effect of
hurricanes and other weather events on the resuspension of
bioavailable nutrients in sediments and related interactions
with harmful algal blooms;
``(4) enhance communication and coordination among Federal
agencies carrying out activities and research relating to
marine and freshwater harmful algal blooms and hypoxia;
``(5) 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 enhance operational freshwater harmful
algal bloom monitoring, observing, and forecasting programs in
lakes, rivers, and reservoirs, and coordinate with the National
Oceanic and Atmospheric Administration on such programs in the
Great Lakes and estuaries (including tributaries thereof),
including operational observations and forecasting, monitoring,
modeling, data management, and information dissemination, to
support event response, prioritization, prevention, adaptation,
and mitigation activities;
``(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 from Federal and State
partners and 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 Observing Network.--
(1) In general.--Section 606 of the Harmful Algal Bloom 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.
``(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