Technical corrections only. The two versions of S. 93 are substantively identical, with differences limited to legislative status indicators and minor formatting. No substantive policy changes were made between the Reported in Senate (RS) and Engrossed in Senate (ES) versions.
Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2025
- Sponsor
- Sen. Sullivan, Dan [R-AK]
- Committees
- Commerce, Science, and Transportation Committee (primary)
- Last action
- Sep 11, 2025
Bottom line
The bill strengthens and modernizes the federal response to harmful algal blooms and hypoxia, with a focus on expanded monitoring, research, mitigation, and support for affected communities, including indigenous populations.
What it actually does
This bill significantly amends the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, expanding federal efforts to monitor, research, and mitigate harmful algal blooms (HABs) and hypoxia across marine, estuarine, and freshwater systems. It enhances coordination between NOAA and EPA, establishes new programs like a national HAB observing network and an incubator program for mitigation technologies, and broadens the scope of federal assistance for communities affected by HAB and hypoxia events of national significance, particularly for Indian Tribes and Native Hawaiian organizations.
Proponents argue
Supporters argue that this bill is crucial for protecting public health, supporting vital industries like fisheries and tourism, and safeguarding ecosystems from the increasing threat of harmful algal blooms and hypoxia. They emphasize the importance of improved forecasting, monitoring, and mitigation technologies, as well as the expanded support for diverse communities, including rural and indigenous populations, who are disproportionately affected by these environmental hazards.
Opponents contend
Potential opponents might raise concerns about the increased federal spending authorized by the bill, questioning the efficiency of new programs or suggesting that existing agencies already have sufficient authority to address these issues. Some might argue that the bill's scope is too broad or that it could lead to duplication of effort despite the bill's stated intent to avoid it.
The bill is moderately complex due to its technical nature and amendments to existing law, but its length allows for a thorough review within typical legislative review periods.
Section 2(a)(1)(D)(i), Section 2(a)(1)(E), Section 2(b)(2)(A), Section 2(c)(1)(A)(1), Section 2(d)(1)(a)(2), Section 2(g)(2), Section 2(g)(6)(A)
Broadening the Geographic and Ecological Scope of HAB and Hypoxia Programs
This provision expands the geographic scope of federal harmful algal bloom (HAB) and hypoxia research and control efforts from primarily "coastal waters including the Great Lakes" to explicitly include "marine, estuarine, and freshwater systems." It also updates definitions of HABs to include macroalgae and cyanobacteria, and broadens the types of impacts considered to include subsistence use and community health.
Supporters argue
Supporters argue that expanding the scope is essential because HABs and hypoxia are not confined to coastal areas and increasingly affect freshwater systems, requiring a comprehensive national approach.
Critics contend
No specific opposition is typically raised against expanding the scope of environmental protection efforts, though some might question the associated increase in federal spending.
Tradeoffs
Balancing resource allocation across diverse ecosystems (coastal vs. freshwater) and ensuring effective coordination among agencies with different primary jurisdictions.
Section 2(a)(1)(E) (new Section 603(c))
Mandating a National HAB Action Strategy and Scientific Assessment
This provision requires the Task Force (which now includes the Department of Energy) to complete and submit to Congress an action strategy for harmful algal blooms in the United States at least every five years. This strategy must include a scientific assessment of marine and freshwater HABs, examine their causes, consequences, and impacts (including food safety, security, and subsistence use), identify research priorities, evaluate progress, and improve interagency coordination.
Section 2(b)(1)(A), Section 2(b)(4)(B)(iii), Section 2(c)(1)(a)(2), Section 2(e)(1) (new Section 606)
Strengthening National Observing and Forecasting Capabilities
The bill updates the National Harmful Algal Bloom and Hypoxia Program to emphasize "monitoring, observing, forecasting" and mandates NOAA to develop and enhance operational HAB observing and forecasting programs, including modeling, data management, and information dissemination. It also establishes a National Harmful Algal Bloom Observing Network by integrating federal, state, regional, and local observing capabilities, ensuring data compliance with the Integrated Coastal and Ocean Observation System Act and coordination with the Water Quality Portal.
Section 2(b)(4)(B)(iii)(E), Section 2(b)(4)(B)(iii)(G), Section 2(b)(4)(H), Section 2(b)(4)(I), Section 2(f)(1)(e)(5), Section 3(1)(B), Section 3(2)(A), Section 3(2)(B)(ii)(IV), Section 3(3)
Prioritizing Indian Tribes, Native Hawaiians, Rural, and Subsistence Communities
The bill significantly expands consultation requirements and direct support for Indian Tribes, Tribal organizations, Native Hawaiian organizations, island communities, low-population rural communities, and subsistence communities. It mandates expanding access to HAB toxin testing in rural and remote areas, prioritizes incubator program technologies that benefit these groups, and allows federal officials to waive non-federal share requirements for assistance during national significance events for these entities. It also explicitly includes these groups in the process for requesting and assessing events of national significance.
Section 2(f)(1) (new Section 606A)
Establishing an Incubator Program for HAB Mitigation Technologies
This provision establishes a national-level incubator program, led by NOAA in collaboration with EPA and research institutions, to develop and scale new strategies, technologies, and measures to prevent, mitigate, and control harmful algal blooms. The program will provide merit-based funding for promising technologies and maintain a database of existing and novel solutions, prioritizing those that protect habitats, biodiversity, public health, cultural resources, and benefit low-income, tribal, and rural communities.
Section 2(h)(1) (new Section 610(a)), Section 3(4)
Funding for HAB and Hypoxia Programs
The bill authorizes appropriations for fiscal years 2026 through 2030, allocating $19,500,000 annually to the Under Secretary of Commerce for NOAA activities and $8,000,000 annually to the EPA Administrator for their respective HAB and hypoxia programs. Additionally, $2,000,000 is authorized annually for FY2026-2030 for the "Other Harmful Algal Bloom and Hypoxia Matters" section related to events of national significance.
Amends the National Integrated Drought Information System Reauthorization Act of 2018 to allow the appropriate Federal official to waive the non-Federal share requirements for assistance related to events of national significance if no reasonable means are available for the recipient to meet the requirement.
Section 3(1)(A)
Why it matters:This is standard legislative practice for amending existing statutes, but the impact of the waiver could be easily overlooked by a casual reader focusing only on the main HABHRCA amendments.
Case for: Supporters would argue this waiver is essential for ensuring that financially struggling states, Indian Tribes, or local governments can access critical federal assistance during severe HAB or hypoxia events, preventing further economic hardship.
Case against: Critics might argue that waiving non-federal share requirements could reduce local accountability or encourage over-reliance on federal funds, though this is less likely for emergency response.
Estimated impact: Potentially significant financial relief for affected state, tribal, and local governments during severe environmental crises.
Adds the Department of Energy (DOE) to the interagency Task Force responsible for coordinating federal harmful algal bloom and hypoxia research and control efforts.
Section 2(a)(1)(B)(ii) (new Section 603(a)(13))
Why it matters:This is a technical amendment to an existing list, a common legislative practice. Its significance might not be immediately apparent without understanding DOE's potential role.
Case for: Proponents would argue that DOE's expertise in areas like environmental modeling, energy-efficient water treatment, and advanced sensor technologies could significantly contribute to HAB research and mitigation strategies.
Case against: No specific opposition is expected for adding an agency to a task force, though some might question the specific value-add if not clearly articulated.
Estimated impact: Potentially enhances the scientific and technological capacity of the federal HAB/hypoxia response through DOE's specialized expertise.