Overview

Title

To amend the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 to address harmful algal blooms, and for other purposes.

ELI5 AI

S. 3348 is a plan to make new rules and spend money to help stop the nasty water plants called harmful algal blooms from hurting the water and animals. It suggests people and groups should work together better, but it needs to be clearer on how the money is spent and who checks that everything is done right.

Summary AI

S. 3348 aims to modify the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 to better address the challenges posed by harmful algal blooms (HABs) in both marine and freshwater environments. The bill proposes updates to research strategies, the integration of observing networks, and establishes a task force to regularly assess the situation and develop action strategies. It encourages collaboration among federal agencies, states, tribes, and local communities while promoting innovative technologies to control and mitigate the impact of HABs. Additionally, it authorizes specific funding amounts for these efforts through fiscal years 2025 to 2029.

Published

2024-09-17
Congress: 118
Session: 2
Chamber: SENATE
Status: Reported to Senate
Date: 2024-09-17
Package ID: BILLS-118s3348rs

Bill Statistics

Size

Sections:
14
Words:
10,250
Pages:
50
Sentences:
120

Language

Nouns: 2,744
Verbs: 747
Adjectives: 733
Adverbs: 35
Numbers: 530
Entities: 493

Complexity

Average Token Length:
4.13
Average Sentence Length:
85.42
Token Entropy:
5.23
Readability (ARI):
43.84

AnalysisAI

The proposed legislation, known as the "Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2024," aims to address the growing concerns related to harmful algal blooms and hypoxia. These environmental phenomena pose significant threats to aquatic ecosystems, public health, and local economies. The bill seeks to amend previously established acts by enhancing research, improving monitoring and forecasting capabilities, and fostering coordination among federal agencies such as the National Oceanic and Atmospheric Administration (NOAA) and the Environmental Protection Agency (EPA).

General Summary of the Bill

This bill represents a comprehensive effort to tackle the challenges posed by harmful algal blooms and hypoxia. Its primary objectives include updating existing frameworks to better predict, monitor, and respond to these environmental events. The amendments propose the establishment of a national network to observe harmful algal blooms, incorporate new technologies such as artificial intelligence for data integration, and support a national-level incubator program to develop innovative prevention and mitigation strategies. Additionally, the bill attempts to enhance coordination among federal agencies and leverage local expertise to maximize the effectiveness of the proposed measures.

Summary of Significant Issues

This legislation presents a set of significant issues that warrant attention. Notably, the bill does not specify adequate budgetary constraints or funding sources for several of its initiatives, which could result in financial inefficiencies and overspending. Furthermore, the language used throughout the text, such as terms like "to the greatest extent practicable" and "cost-effective methods," is often vague. This lack of clarity may lead to varied implementation across different regions and agencies, potentially hindering consistent progress.

Another critical concern is the absence of clear accountability and oversight measures for the programs and initiatives proposed. Without robust mechanisms for tracking progress and ensuring transparency, there is a risk that resources may not be used effectively. Additionally, the bill grants broad discretionary powers to federal officials, which, without clear guidelines, could lead to bias or preferential treatment in contract awards and funding allocations.

Impact on the Public

The bill's impact on the public could be multifaceted. On one hand, if effectively implemented, it could significantly enhance the nation's ability to address harmful algal blooms and hypoxia, thereby protecting aquatic ecosystems, improving public health outcomes, and safeguarding economic interests tied to the fishing and tourism industries. With better coordinated federal efforts, communities may benefit from timely and accurate information regarding water quality and bloom occurrences.

On the other hand, the issues related to funding clarity and oversight could lead to public dissatisfaction if the programs are perceived as inefficient or unfair. Without clear accountability measures, there is a risk that the proposed strategies may not yield the desired environmental and health benefits, potentially leading to public criticism and mistrust in government actions.

Impact on Specific Stakeholders

For specific stakeholders, the bill could offer both potential benefits and challenges. Research institutions and technology developers may find opportunities in the national-level incubator program, as it provides funding for innovative strategies and solutions. Local governments and tribal communities, which are often on the frontlines of dealing with harmful algal blooms, could benefit from improved forecasting and monitoring capabilities facilitated by federal assistance.

However, challenges arise for stakeholders that rely on consistent and clear guidelines for funding and collaboration. The use of vague language regarding cost-effectiveness and resource allocation may lead to uneven distribution of funds and technical support, which could disadvantage some regions or communities. Moreover, the absence of a clear framework for intra-agency coordination might result in duplicative efforts and inefficient use of resources, impacting the overall efficacy of the bill's initiatives.

In summary, while the bill holds promise in addressing harmful algal blooms and hypoxia, careful consideration and resolution of its significant issues are crucial for maximizing benefits and minimizing unintended negative consequences. Addressing these concerns could enhance the bill's effectiveness and ensure that its goals are consistently and equitably achieved across the United States.

Financial Assessment

The bill S. 3348 proposes amendments to tackle harmful algal blooms and hypoxia, crucial environmental issues affecting marine and freshwater ecosystems. Central to understanding this legislation are the financial allocations and considerations outlined throughout the bill.

Financial Allocations and Spending

The bill authorizes specific appropriations for its implementation. It sets forth the following financial commitments:

  • $19,500,000 is authorized annually for each fiscal year from 2025 through 2029 to the Under Secretary.
  • $8,000,000 is authorized annually for the same period to the Administrator.

These appropriations are intended to support the execution of various activities and programs aimed at managing harmful algal blooms and hypoxia.

Relation to Identified Issues

The financial provisions of the bill are linked closely with several issues identified in the bill's analysis:

  1. Undefined Budget for Certain Sections: While there are specific appropriations mentioned for some activities, the bill does not stipulate funding for key sections like 603B, 606, and 606A. This absence can lead to potential financial inefficiencies or overspending. With no budgetary constraints, there could be unchecked spending, highlighting the need for clear financial accountability.

  2. Vague Language and Implementation Challenges: The bill employs terms such as "to the greatest extent practicable" and "cost-effective methods," which are open to interpretation. Without defined fiscal guidelines, this vagueness can result in inconsistent implementation across various entities, potentially undermining financial discipline and effectiveness.

  3. Lack of Specific Accountability and Oversight: The bill does not elaborate on monitoring or oversight mechanisms for the appropriations it authorizes. This raises concerns about whether resources will be used efficiently and if the intended goals will be achieved. Without transparency provisions, there's a risk that the appropriated funds may not be used as intended.

  4. Coordination Among Agencies: The bill attempts to streamline cooperation among federal agencies but lacks clarity on harmonizing roles, which could lead to duplication of efforts and inefficient use of funds. Clearer financial roles and responsibilities may help in creating an effective multi-agency strategy.

  5. Merit-Based Funding without Clear Criteria: Section 606A mentions "merit-based funding" to support innovative strategies and technologies. However, without specified criteria for what constitutes "merit," there could be potential bias in fund allocation, challenging fairness and objectivity.

  6. Discretionary Power in Financial Decisions: The bill grants broad discretionary powers to enter contracts and waive requirements, which could be unfairly applied without explicit guidance. This discretion in financial decisions requires careful oversight to ensure equitable and ethical procedures.

In summary, while S. 3348 lays out financial appropriations to address environmental challenges, it requires further clarity and structure within its financial framework to ensure efficient, equitable, and accountable use of public funds. Addressing these financial issues could enhance the bill's effectiveness and integrity.

Issues

  • The bill does not specify the budget or funding levels for several key sections, including sections 603B, 606, and 606A, which could lead to financial inefficiencies or overspending. Without clear budgetary constraints or oversight measures, there is a risk of unchecked or wasteful spending and a lack of clear financial accountability. (Sections 603B, 606, 606A)

  • Language throughout the bill, such as "to the greatest extent practicable" and "cost-effective methods," is vague and open to interpretation, making it difficult to ensure consistent and fair implementation of the law. This lack of clarity could lead to varied implementation efforts by different entities. (Sections 603C, 606, 606A)

  • The bill lacks specific accountability and oversight measures for the programs and initiatives it establishes, raising concerns about the effective and efficient use of resources. Without these measures, programs may fail to achieve intended goals or may not provide sufficient transparency. (Sections 2, 603B, 606)

  • The harmonization of roles and responsibilities among various Federal agencies and stakeholders is not clearly defined, which could lead to coordination challenges and duplication of efforts. The complexity of language related to agency coordination could hinder efficient implementation. (Sections 2, 603C)

  • The use of the term "merit-based funding" without clear criteria for determining merit could lead to potential bias or favoritism in how funds are allocated among proposed strategies and technologies. This lack of transparency in funding decisions could result in an uneven playing field for various stakeholders. (Section 606A)

  • The bill includes broad discretionary powers for Federal officials to enter into contracts and waive requirements, which, without clear guidance, could lead to bias or preferential treatment. This may cause concerns about fairness and ethical decision-making in governmental agreements. (Section 3)

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the Act states that it can be officially called the "Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2023".

2. Amendments to the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 Read Opens in new tab

Summary AI

The amendments to the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 expand the responsibilities and coordination efforts among various federal agencies to address harmful algal blooms and hypoxia. They include establishing a national harmful algal bloom observing network, enhance monitoring and response activities, and create a national incubator program to develop new strategies and technologies to combat these environmental issues, highlighting the need for effective prevention, control, and mitigation efforts while emphasizing the protection of critical habitats and communities.

Money References

  • (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.”. ---

603B. National Oceanic and Atmospheric Administration activities Read Opens in new tab

Summary AI

The section outlines the responsibilities of the Under Secretary in dealing with harmful algal blooms and hypoxia in marine, coastal, and Great Lakes areas. It includes tasks such as improving observation and forecasting programs, supporting related research through grants, enhancing coordination between federal agencies, utilizing local expertise, and following data standards from the Integrated Coastal and Ocean Observation System Act.

603C. Environmental Protection Agency activities Read Opens in new tab

Summary AI

The section outlines responsibilities for the Administrator of the Environmental Protection Agency to research and manage the impact of harmful algal blooms in freshwater environments. This involves improving forecasting and response methods, collaborating with federal agencies and local institutions, avoiding duplication of existing research, and using cost-effective strategies.

606. National harmful algal bloom observing network Read Opens in new tab

Summary AI

The Under Secretary will create a national system to monitor harmful algal blooms by combining different observation resources from across the United States, including new technologies like artificial intelligence. The program will work with various ocean science centers to coordinate and share data, and set up a central place to manage and support this information for accurate forecasting.

606A. National-level incubator program Read Opens in new tab

Summary AI

The section establishes a national program, led by the Under Secretary, to develop new ways to stop and control harmful algal blooms. The program includes setting up a framework for evaluating these solutions, providing grants for effective methods, creating a database of strategies, and prioritizing actions that protect wildlife, public health, and assist disadvantaged communities.

3. Other harmful algal bloom matters Read Opens in new tab

Summary AI

The bill amends existing laws to give the Under Secretary of Commerce the power to make agreements and provide funds to different groups to help analyze the effects of serious harmful algal blooms or hypoxia events. It also sets aside $2,000,000 annually from 2024 to 2028 for these efforts and allows for new technologies to be used in water districts to quickly remove harmful algal blooms.

Money References

  • ; (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.”. ---

1. Short title Read Opens in new tab

Summary AI

The first section of the Act specifies that the short title of the legislation is the “Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2024”.

2. Amendments to the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 Read Opens in new tab

Summary AI

The amendments to the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 aim to improve efforts to address harmful algal blooms and hypoxia by enhancing research, monitoring, and coordination among various agencies and stakeholders. The changes include updates to seek better strategies for controlling these environmental issues, establish programs for advanced mitigation techniques, and ensure more efficient use of resources while involving communities that rely on affected water resources.

Money References

  • (h) Authorization of appropriations.—Section 610 of the Harmful Algal Blooms and Hypoxia Research and Control Act of 1998 (33 U.S.C. 4009) is amended— (1) by amending subsection (a) to read as follows: “(a) In general.—There is authorized to be appropriated to carry out this title, for each of fiscal years 2025 through 2029— “(1) $19,500,000 to the Under Secretary; and “(2) $8,000,000 to the Administrator.”; and (2) by adding at the end the following: “(c) Transfer authority.—The Under Secretary or the Administrator may make a direct non-expenditure transfer of funds authorized to be appropriated pursuant to subsection (a) to the head of any Federal department or agency, with the concurrence of such head, to carry out, as appropriate, relevant provisions of this title and section 9(g) of the National Integrated Drought Information System Reauthorization Act of 2018 (33 U.S.C. 4010).”.

603B. National Oceanic and Atmospheric Administration activities Read Opens in new tab

Summary AI

The National Oceanic and Atmospheric Administration is tasked with responding to harmful algal blooms and hypoxia events in marine and freshwater environments, enhancing observation and prediction programs, and improving communication between federal agencies. They must also use local expertise, follow existing data standards, and provide data through the Integrated Coastal and Ocean Observation System.

603C. Environmental Protection Agency activities Read Opens in new tab

Summary AI

The section outlines responsibilities for the Environmental Protection Agency's Administrator, who is tasked with researching and monitoring the effects of harmful algal blooms and hypoxia in freshwater bodies. The Administrator must use existing resources and ensure efforts are not redundant, maintaining coordination among federal and other partners to deliver cost-effective solutions.

606. National harmful algal bloom observing network Read Opens in new tab

Summary AI

The section mandates the establishment of a national network to monitor and predict harmful algal blooms in collaboration with various governmental levels and organizations. It requires coordination between the National Centers for Coastal Ocean Science and the Integrated Ocean Observing System, organizes and disseminates data, and works with the Water Quality Portal to manage information on harmful algal blooms.

606A. National-level incubator program Read Opens in new tab

Summary AI

The section establishes a national-level incubator program to develop new ways to fight harmful algal blooms. It involves research universities and offers funding for promising solutions, maintains a database for tracking these solutions, and prioritizes projects that protect the environment, public health, and support communities in need.

3. Other harmful algal bloom matters Read Opens in new tab

Summary AI

The section discusses amendments to the National Integrated Drought Information System Reauthorization Act of 2018, which now allows federal officials to waive non-federal financial requirements and make contracts, agreements, and grants with various agencies to address harmful algal blooms and hypoxia events. It also explains how officials should assess these events' impacts on public health, economy, and local resources, defines several terms such as "Indian Tribe" and "Native Hawaiian organization," and authorizes $2 million in annual funding from 2025 to 2029.

Money References

  • “(F) TRIBAL ORGANIZATION.—The term ‘Tribal organization’ has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).”; and (4) 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 2025 through 2029, to remain available until expended.”.