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[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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