[Congressional Record Volume 157, Number 153 (Thursday, October 13, 2011)]
[Senate]
[Pages S6507-S6515]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Ms. SNOWE (for herself, Mr. Nelson of Florida, Mr. Begich, Mr.
Rockefeller, Mr. Whitehouse, Mrs. Gillibrand, and Mr. Cardin).
S. 1701. A bill to amend the Harmful Algal Blooms and Hypoxia
Research and Control Act of 1998, and for other purposes; to the
Committee on Commerce, Science, and Transportation.
Ms. SNOWE. Mr. President, I rise today to introduce the Harmful Algal
Blooms and Hypoxia Research and Control Amendments Act of 2011. This
bill would enhance the research programs established in the Harmful
Algal Blooms and Hypoxia Research and Control Act of 1998 and
reauthorized in 2004, which have greatly enhanced our ability to
predict outbreaks of harmful algal blooms, HABs, and the extent of
hypoxic zones. But knowing when outbreaks will occur is only half the
battle. This bill addresses not only the mitigation and prevention of
HABs and hypoxia, but also prioritizes the effective transition of
research products into implementable actions that state and local
governments can take to minimize adverse impacts.
I am proud to continue my leadership on this important issue and I
particularly want to thank my counterpart on this key piece of
legislation, Senator Bill Nelson. I also want to thank the bill's
additional co-sponsors, Senators Begich, Rockefeller, Whitehouse,
Gillibrand and Cardin for their support.
In New England blooms of Alexandrium algae, more commonly known as
``red tide'' can cause shellfish to accumulate toxins that when
consumed by humans lead to paralytic shellfish poisoning, PSP, a
potentially fatal neurological disorder. Therefore, when levels of
Alexandrium reach dangerous levels, our fishery managers are forced to
close shellfish beds that provide hundreds of jobs and add millions of
dollars to our regional economy. Red tide outbreaks--which occur in
various forms not just in the northeast, but along thousands of miles
of U.S. coastline--have increased dramatically in the Gulf of Maine in
the last 20 years, with major blooms occurring almost every year.
In 2009, Maine's shellfish industry experienced a severe economic
crisis as result of extensive rainfall and subsequent outbreak of red
tide. The resulting closure of 97 percent of the State's shellfish beds
and 100 percent of the offshore beds in federal waters for several
months during the peak harvesting season was even more damaging to the
shellfish industry and coastal economy than previous outbreaks in 2005
and 2008. In December 2010, Department of Commerce Secretary Locke
found that the 2009 red tide bloom had caused a commercial fishery
failure. Despite the recognition of their losses, fishermen have never
received any economic assistance or compensation for the 2009 fishery
disaster.
The HABs and hypoxia programs are critical to Maine's $50 million
shellfish industry and the 3000 jobs that depend on it. Luckily, we
have not experienced strong blooms in 2010 and 2011, and recent years
have seen an increase in testing capabilities that allow for finer
scale monitoring so that localized areas may remain open during an
event. These critical procedures are a direct result of programs
established by the Harmful Algal Blooms and Hypoxia Research and
Control Acts of 1998 and 2004.
While we have made great strides in bloom prediction and monitoring,
it is clear that these problems are continuing to increase in magnitude
and demand our ongoing commitment and attention. Harmful algal blooms
remain prevalent nationwide, and areas of hypoxia, also known as ``dead
zones'' are now occurring with increasing frequency. Within a dead
zone, oxygen levels plummet to the point at which they can no longer
sustain life, driving out animals that can move, and killing those that
cannot. The most infamous dead zone occurs annually in the Gulf of
Mexico, off the shores of Louisiana. This area, averaging 6700 square
miles in size over the last 5 years, is exacerbating the already
difficult recovery of the Gulf region from last year's devastating oil
spill. Dead zones are also occurring in more areas than ever before,
including off the coasts of Oregon and Texas, and in the Chesapeake
Bay.
The amendments contained in this legislation would enhance the
Nation's ability to predict, monitor, and ultimately control harmful
algal blooms and hypoxia. Understanding when these blooms will occur is
vital, but the time has come to take this program to the next level--to
determine not just when an outbreak will occur, but how to reduce its
intensity or prevent its occurrence all together. This bill would build
on NOAA's successes in research and forecasting by creating a program
to mitigate and control HAB outbreaks.
This bill also recognizes the need to enhance coordination among
state and local resource managers--those on the front lines who must
make the decisions to close beaches or shellfish beds. Their decisions
are critical to protecting human health, but can also impose
significant economic impacts. The bill would require development of
Regional Research and Action Plans to identify baseline research,
possible State and local government actions to prepare for and mitigate
the impacts of HABs, and establish outreach strategies to ensure the
public is informed of the dangers these events can present. A regional
focus on these issues will ensure a more effective and efficient
response to future events. Finally, this bill would provide for
research, response and mitigation of harmful algal blooms annypoxia in
fresh water systems.
If enacted, this critical reauthorization would greatly enhance our
Nation's ability to predict, monitor, mitigate, and control outbreaks
of HABs and hypoxia. Over half the U.S. population resides in coastal
regions, and we must do all in our power to safeguard not only their
health and the health of the marine environment, but we must also
protect the jobs that depend on it. The existing Harmful Algal Bloom
and Hypoxia Program has achieved a great deal already, and this
authorization will allow it to continue providing such a vital service
to the nation. I thank Senator Bill Nelson, and all of my cosponsors
again for their efforts in developing this important legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1701
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 Blooms and
Hypoxia Research and Control Amendments Act of 2011''.
SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH
AND CONTROL ACT OF 1998.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Harmful Algal Bloom and Hypoxia
Research and Control Act of 1998 (16 U.S.C. 1451 note).
SEC. 3. FINDINGS.
Section 602 is amended to read as follows:
``Sec. 602. Findings
``Congress finds the following:
``(1) Harmful algal blooms and hypoxia--
``(A) are increasing in frequency and intensity in the
Nation's coastal waters and Great Lakes;
``(B) pose a threat to the health of coastal and Great
Lakes ecosystems;
``(C) are costly to coastal economies; and
[[Page S6508]]
``(D) threaten the safety of seafood and human health.
``(2) Excessive nutrients in coastal waters have been
linked to the increased intensity and frequency of hypoxia
and some harmful algal blooms. There is a need to identify
more workable and effective actions to reduce the negative
impacts of harmful algal blooms and hypoxia on coastal
waters.
``(3) The National Oceanic and Atmospheric Administration,
through its ongoing research, monitoring, observing,
education, grant, and coastal resource management programs
and in collaboration with the other Federal agencies on the
Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia,
along with States, Indian tribes, and local governments,
possesses the capabilities necessary to support a near and
long-term comprehensive effort to prevent, reduce, and
control the human and environmental costs of harmful algal
blooms and hypoxia.
``(4) Increases in nutrient loading from point and nonpoint
sources can trigger and exacerbate harmful algal blooms and
hypoxia. Since much of the increases originate in upland
areas and are delivered to marine and freshwater bodies via
river discharge, integrated and landscape-level research and
control strategies are required.
``(5) Harmful algal blooms and hypoxia affect many sectors
of the coastal economy, including tourism, public health, and
recreational and commercial fisheries. According to a recent
report produced by the National Oceanic and Atmospheric
Administration, the United States seafood, restaurant, and
tourism industries suffer estimated annual losses of at least
$82,000,000 due to the economic impacts of harmful algal
blooms.
``(6) The proliferation of harmful and nuisance algae can
occur in all United States waters, including coastal areas
(such as estuaries), the Great Lakes, and inland waterways,
crossing political boundaries and necessitating regional
coordination for research, monitoring, mitigation, response,
and prevention efforts.
``(7) Federally funded and other research has led to
several technological advances, including remote sensing,
molecular and optical tools, satellite imagery, and coastal
and ocean observing systems, that--
``(A) provide data for forecast models;
``(B) improve the monitoring and prediction of these
events; and
``(C) provide essential decision making tools for managers
and stakeholders.''.
SEC. 4. PURPOSES.
The Act is amended by inserting after section 602 the
following:
``Sec. 602A. Purposes
``The purposes of this title are--
``(1) to provide for the development and coordination of a
comprehensive and integrated national program to address
harmful algal blooms and hypoxia through baseline research,
monitoring, prevention, mitigation, and control;
``(2) to provide for the assessment of environmental,
socioeconomic, and human health impacts of harmful algal
blooms and hypoxia on a regional and national scale, and to
integrate this assessment into marine and freshwater resource
decisions; and
``(3) to facilitate regional, State, tribal, and local
efforts to develop and implement appropriate harmful algal
bloom and hypoxia response plans, strategies, and tools,
including outreach programs and information dissemination
mechanisms.''.
SEC. 5. INTER-AGENCY TASK FORCE ON HARMFUL ALGAL BLOOMS AND
HYPOXIA.
Section 603(a) is amended--
(1) by striking ``the following representatives from'' and
inserting ``a representative from'';
(2) in paragraph (11), by striking ``and'';
(3) by redesignating paragraph (12) as paragraph (13);
(4) by inserting after paragraph (11) the following:
``(12) The Centers for Disease Control; and''; and
(5) in paragraph (13), as redesignated, by striking
``such''.
SEC. 6. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.
The Act is amended by inserting after section 603 the
following:
``Sec. 603A. National harmful algal bloom and hypoxia program
``(a) Establishment.--Except as provided in subsection (d),
the Under Secretary, acting through the Task Force
established under section 603, shall establish and maintain a
national harmful algal bloom and hypoxia program.
``(b) Action Strategy.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Harmful Algal Blooms and Hypoxia Research
and Control Amendments Act of 2011, the Task Force shall
develop a national harmful algal blooms and hypoxia action
strategy that--
``(A) is consistent with the purposes under section 602A;
``(B) includes a statement of goals and objectives; and
``(C) includes an implementation plan.
``(2) Publication.--Not later than 30 days after the date
that the action strategy is developed, the Task Force shall--
``(A) submit the action strategy to Congress; and
``(B) publish the action strategy in the Federal Register.
``(3) Periodic revision.--The Task Force shall periodically
review and revise the action strategy, as necessary.
``(c) Task Force Functions.--The Task Force shall--
``(1) coordinate interagency review of plans and policies
of the Program;
``(2) assess interagency work and spending plans for
implementing the activities of the Program;
``(3) review the Program's distribution of Federal grants
and funding to address research priorities;
``(4) support the implementation of the actions and
strategies identified in the regional research and action
plans under section 603B;
``(5) support the development of institutional mechanisms
and financial instruments to further the goals of the
Program;
``(6) coordinate and integrate the research of all Federal
programs, including ocean and Great Lakes science and
management programs and centers, that address the chemical,
biological, and physical components of marine and freshwater
harmful algal blooms and hypoxia;
``(7) expedite the interagency review process by ensuring
timely review and dispersal of required reports and
assessments under this title;
``(8) promote the development of new technologies for
predicting, monitoring, and mitigating harmful algal blooms
and hypoxia conditions; and
``(9) establish such interagency working groups as it
considers necessary.
``(d) Lead Federal Agency.--The National Oceanic and
Atmospheric Administration shall have primary responsibility
for administering the Program.
``(e) Program Duties.--In administering the Program, the
Under Secretary shall--
``(1) develop and promote a national strategy to
understand, detect, predict, control, mitigate, and respond
to marine and freshwater harmful algal bloom and hypoxia
events;
``(2) prepare work and spending plans for implementing the
activities of the Program and developing and implementing the
regional research and action plans;
``(3) administer merit-based, competitive grant funding--
``(A) to support the projects maintained and established by
the Program; and
``(B) to address the research and management needs and
priorities identified in the regional research and action
plans;
``(4) coordinate and work cooperatively with regional,
State, tribal, and local government agencies and programs
that address marine and freshwater harmful algal blooms and
hypoxia;
``(5) coordinate with the Secretary of State to support
international efforts on marine and freshwater harmful algal
bloom and hypoxia information sharing, research, mitigation,
control, and response activities;
``(6) identify additional research, development, and
demonstration needs and priorities relating to monitoring,
prevention, control, mitigation, and response to marine and
freshwater harmful algal blooms and hypoxia, including
methods and technologies to protect the ecosystems affected
by marine and freshwater harmful algal blooms and hypoxia;
``(7) integrate, coordinate, and augment existing education
programs to improve public understanding and awareness of the
causes, impacts, and mitigation efforts for marine and
freshwater harmful algal blooms and hypoxia;
``(8) facilitate and provide resources to train State and
local coastal and water resource managers in the methods and
technologies for monitoring, controlling, and mitigating
marine and freshwater harmful algal blooms and hypoxia;
``(9) support regional efforts to control and mitigate
outbreaks through--
``(A) communication of the contents of the regional
research and action plans and maintenance of online data
portals for other information about harmful algal blooms and
hypoxia to State and local stakeholders within the region for
which each plan is developed; and
``(B) overseeing the development, review, and periodic
updating of regional research and action plans;
``(10) convene at least 1 meeting of the Task Force each
year; and
``(11) perform such other tasks as may be delegated by the
Task Force.
``(f) National Oceanic and Atmospheric Administration
Activities.--The Under Secretary shall--
``(1) maintain and enhance the existing competitive
programs at the National Oceanic and Atmospheric
Administration relating to marine and freshwater algal blooms
and hypoxia;
``(2) carry out marine and Great Lakes harmful algal bloom
and hypoxia events response activities;
``(3) establish new programs and infrastructure, as
necessary, to develop and enhance the critical observations,
monitoring, modeling, data management, information
dissemination, and operational forecasts required to meet the
purposes under section 602A;
``(4) enhance communication and coordination among Federal
agencies carrying out marine and freshwater harmful algal
bloom and hypoxia activities; and
``(5) increase the availability to appropriate public and
private entities of--
``(A) analytical facilities and technologies;
``(B) operational forecasts; and
``(C) reference and research materials.
``(g) Cooperative Efforts.--The Under Secretary shall work
cooperatively and avoid duplication of effort with other
offices,
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centers, and programs within the National Oceanic and
Atmospheric Administration, other agencies on the Task Force,
and States, tribes, and nongovernmental organizations
concerned with marine and freshwater issues to coordinate
harmful algal blooms and hypoxia (and related) activities and
research.
``(h) Freshwater Program.--With respect to the freshwater
aspects of the Program, except for those aspects occurring in
the Great Lakes, the Administrator of the Environmental
Protection Agency, in consultation with the Under Secretary,
through the Task Force, shall--
``(1) carry out the duties assigned to the Under Secretary
under this section and section 603B, including the activities
under subsection (g);
``(2) research the ecology of freshwater harmful algal
blooms;
``(3) monitor and respond to freshwater harmful algal
blooms events in lakes (except for the Great Lakes), rivers,
and reservoirs;
``(4) mitigate and control freshwater harmful algal blooms;
and
``(5) recommend the amount of funding required to carry out
subsection (g) for inclusion in the President's annual budget
request to Congress.
``(i) Integrated Coastal and Ocean Observation System.--The
collection of monitoring and observation data under this
title 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 system established
under that Act.''.
SEC. 7. REGIONAL RESEARCH AND ACTION PLANS.
The Act, as amended by section 6 of this Act, is further
amended by inserting after section 603A the following:
``Sec. 603B. Regional research and action plans
``(a) In General.--In administering the Program, the Under
Secretary shall--
``(1) identify appropriate regions and subregions to be
addressed by each regional research and action plan; and
``(2) oversee the development and implementation of the
regional research and action plans.
``(b) Plan Development.--The Under Secretary shall--
``(1) develop and submit to the Task Force for approval a
regional research and action plan for each region, that
builds upon any existing State or regional plans the Under
Secretary considers appropriate; and
``(2) identify appropriate elements for each region,
including--
``(A) baseline ecological, social, and economic research
needed to understand the biological, physical, and chemical
conditions that cause, exacerbate, and result from harmful
algal blooms and hypoxia;
``(B) regional priorities for ecological and socio-economic
research on issues related to and impacts of harmful algal
blooms and hypoxia;
``(C) research, development, and demonstration activities
needed to develop and advance technologies and techniques--
``(i) for minimizing the occurrence of harmful algal blooms
and hypoxia; and
``(ii) for improving capabilities to predict, monitor,
prevent, control, and mitigate harmful algal blooms and
hypoxia;
``(D) State, tribal, and local government actions that may
be implemented--
``(i) to support long-term monitoring efforts and emergency
monitoring as needed;
``(ii) to minimize the occurrence of harmful algal blooms
and hypoxia;
``(iii) to reduce the duration and intensity of harmful
algal blooms and hypoxia in times of emergency;
``(iv) to address human health dimensions of harmful algal
blooms and hypoxia; and
``(v) to identify and protect vulnerable ecosystems that
could be, or have been, affected by harmful algal blooms and
hypoxia;
``(E) mechanisms by which data, information, and products
are transferred between the Program and State, tribal, and
local governments and research entities;
``(F) communication, outreach and information dissemination
efforts that State, tribal, and local governments and
stakeholder organizations can take to educate and inform the
public about harmful algal blooms and hypoxia and alternative
coastal resource-utilization opportunities that are
available; and
``(G) the roles that Federal agencies can play to
facilitate implementation of the regional research and action
plan for that region.
``(c) Consultation.--In developing a regional research and
action plan under this section, the Under Secretary shall--
``(1) coordinate with State coastal management and planning
officials;
``(2) coordinate with tribal resource management officials;
``(3) coordinate with water management and watershed
officials from coastal States and noncoastal States with
water sources that drain into water bodies affected by
harmful algal blooms and hypoxia;
``(4) coordinate with the Administrator and other Federal
agencies as the Under Secretary considers appropriate; and
``(5) consult with--
``(A) public health officials;
``(B) emergency management officials;
``(C) science and technology development institutions;
``(D) economists;
``(E) industries and businesses affected by marine and
freshwater harmful algal blooms and hypoxia;
``(F) scientists, with expertise concerning harmful algal
blooms or hypoxia, from academic or research institutions;
and
``(G) other stakeholders.
``(d) Building on Available Studies and Information.--In
developing a regional research and action plan under this
section, the Under Secretary shall--
``(1) utilize and build on existing research, assessments,
reports, including those carried out under existing law, and
other relevant sources; and
``(2) consider the impacts, research, and existing program
activities of all United States coastlines and fresh and
inland waters, including the Great Lakes, the Chesapeake Bay,
estuaries, and tributaries.
``(e) Schedule.--The Under Secretary shall--
``(1) begin developing the regional research and action
plans for at least a third of the regions not later than 9
months after the date of the enactment of the Harmful Algal
Blooms and Hypoxia Research and Control Amendments Act of
2011;
``(2) begin developing the regional research and action
plans for at least another third of the regions not later
than 21 months after the date of the enactment of the Harmful
Algal Blooms and Hypoxia Research and Control Amendments Act
of 2011;
``(3) begin developing the regional research and action
plans for the remaining regions not later than 33 months
after the date of the enactment of the Harmful Algal Blooms
and Hypoxia Research and Control Amendments Act of 2011; and
``(4) ensure that each regional research and action plan
developed under this section is--
``(A) completed and approved by the Task Force not later
than 12 months after the date that development of the
regional research and action plan begins; and
``(B) updated not less than once every 5 years after the
completion of the regional research and action plan.
``(f) Funding.--
``(1) In general.--Subject to available appropriations, the
Under Secretary shall make funding available to eligible
organizations to implement the research, monitoring,
forecasting, modeling, and response actions included under
each approved regional research and action plan. The Program
shall select recipients through a merit-based, competitive
process and seek to fund research proposals that most
effectively align with the research priorities identified in
the relevant regional research and action plan.
``(2) Application; assurances.--An organization seeking
funding under this subsection shall submit an application to
the Program at such time, in such form and manner, and
containing such information and assurances as the Program may
require. The Program shall require each eligible organization
receiving funds under this subsection to utilize the
mechanisms under subsection (b)(2)(E) to ensure the transfer
of data and products developed under the regional research
and action plan.
``(3) Eligible organization.--In this subsection, the term
`` `eligible organization' '' means--
``(A) an institution of higher education, other non-profit
organization, State, tribal, or local government, commercial
organization, or Federal agency that meets the requirements
of this section and such other requirements as may be
established by the Under Secretary; and
``(B) with respect to nongovernmental organizations, an
organization that is subject to regulations promulgated or
guidelines issued to carry out this section, including United
States audit requirements that are applicable to
nongovernmental organizations.''.
SEC. 8. REPORTING.
Section 603 is amended by adding at the end the following:
``(j) Report.--Not later than 2 years after the submission
of the action strategy under section 603A, the Under
Secretary shall submit a report to the appropriate
congressional committees that describes--
``(1) the proceedings of the annual Task Force meetings;
``(2) the activities carried out under the Program and the
regional research and action plans, and the budget related to
the activities;
``(3) the progress made on implementing the action
strategy; and
``(4) any need to revise or terminate activities or
projects under the Program.
``(k) Program Report.--Not later than 5 years after the
date of enactment of the Harmful Algal Blooms and Hypoxia
Research and Control Amendments Act of 2011, the Task Force
shall submit a report on harmful algal blooms and hypoxia in
marine and freshwater systems to Congress that--
``(1) evaluates the state of scientific knowledge of
harmful algal blooms and hypoxia in marine and freshwater
systems, including their causes and ecological consequences;
``(2) evaluates the social and economic impacts of harmful
algal blooms and hypoxia, including their impacts on coastal
communities, and reviews those communities' efforts and
associated economic costs related to event forecasting,
planning, mitigation, response, public outreach, and
education;
``(3) examines and evaluates the human health impacts of
harmful algal blooms and hypoxia, including any gaps in
existing research;
``(4) describes advances in capabilities for monitoring,
forecasting, modeling, control,
[[Page S6510]]
mitigation, and prevention of harmful algal blooms and
hypoxia, including techniques for integrating landscape- and
watershed-level water quality information into marine and
freshwater harmful algal bloom and hypoxia prevention and
mitigation strategies at Federal and regional levels;
``(5) evaluates progress made by, and the needs of,
Federal, regional, State, tribal, and local policies and
strategies for forecasting, planning, mitigating, preventing,
and responding to harmful algal blooms and hypoxia, including
the economic costs and benefits of the policies and
strategies;
``(6) includes recommendations for integrating, improving,
and funding future Federal, regional, State, tribal, and
local policies and strategies for preventing and mitigating
the occurrence and impacts of harmful algal blooms and
hypoxia;
``(7) describes communication, outreach, and education
efforts to raise public awareness of harmful algal blooms and
hypoxia, their impacts, and the methods for mitigation and
prevention;
``(8) describes extramural research activities carried out
under section 605(b); and
``(9) specifies how resources were allocated between
intramural and extramural research and management activities,
including a justification for each allocation.''.
SEC. 9. NORTHERN GULF OF MEXICO HYPOXIA.
Section 604 is amended to read as follows:
``SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.
``(a) Task Force Initial Progress Reports.--Beginning not
later than 12 months after the date of enactment of the
Harmful Algal Blooms and Hypoxia Research and Control
Amendments Act of 2011, and every 2 years thereafter, the
Administrator, through the Mississippi River/Gulf of Mexico
Watershed Nutrient Task Force, shall submit a progress report
to the appropriate congressional committees and the President
that describes the progress made by Task Force-directed
activities carried out or funded by the Environmental
Protection Agency and other State and Federal partners toward
attainment of the goals of the Gulf Hypoxia Action Plan 2008.
``(b) Contents.--Each report required under this section
shall--
``(1) assess the progress made toward nutrient load
reductions, the response of the hypoxic zone and water
quality throughout the Mississippi/Atchafalaya River Basin,
and the economic and social effects;
``(2) evaluate lessons learned; and
``(3) recommend appropriate actions to continue to
implement or, if necessary, revise the strategy set forth in
the Gulf Hypoxia Action Plan 2008.''.
SEC. 10. INTERAGENCY FINANCING.
The Act, as amended by section 9 of this Act, is further
amended by inserting after section 604 the following:
``SEC. 604A. INTERAGENCY FINANCING.
``The departments and agencies represented on the Task
Force may participate in interagency financing and share,
transfer, receive, obligate, and expend funds appropriated to
any member of the Task Force for the purposes of carrying out
any administrative or programmatic project or activity under
this title, including support for the Program, a common
infrastructure, information sharing, and system integration
for harmful algal bloom and hypoxia research, monitoring,
forecasting, prevention, and control. Funds may be
transferred among such departments and agencies through an
appropriate instrument that specifies the goods, services, or
space being acquired from another Task Force member and the
costs of the goods, services, and space. The amount of funds
transferrable under this section for any fiscal year may not
exceed 5 percent of the account from which such transfer was
made.''.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
Section 605 is amended to read as follows:
``Sec. 605. Authorization of appropriations
``(a) In General.--There are authorized to be appropriated,
for each of the fiscal years 2011 through 2015 to the Under
Secretary to carry out sections 603A and 603B, $30,000,000,
of which--
``(1) $2,000,000 may be used for the development of
regional research and action plans and the reports required
under section 603B;
``(2) $3,000,000 may be used for the research and
assessment activities related to marine and freshwater
harmful algal blooms at the National Oceanic and Atmospheric
Administration research laboratories;
``(3) $7,000,000 may be used to carry out the Ecology and
Oceanography of Harmful Algal Blooms Program (ECOHAB);
``(4) $4,500,000 may be used to carry out the Monitoring
and Event Response for Harmful Algal Blooms Program (MERHAB);
``(5) $1,500,000 may be used to carry out the Northern Gulf
of Mexico Ecosystems and Hypoxia Assessment Program (NGOMEX);
``(6) $4,000,000 may be used to carry out the Coastal
Hypoxia Research Program (CHRP);
``(7) $4,000,000 may be used to carry out the Prevention,
Control, and Mitigation of Harmful Algal Blooms Program
(PCM);
``(8) $1,000,000 may be used to carry out the Event
Response Program; and
``(9) $3,000,000 may be used to carry out the
Infrastructure Program.
``(b) Extramural Research Activities.--The Under Secretary
shall ensure that a substantial portion of funds appropriated
pursuant to subsection (a) that are used for research
purposes are allocated to extramural research activities.''.
SEC. 12. DEFINITIONS; CONFORMING AMENDMENT.
(a) In General.--The Act is amended by inserting after
section 605 the following:
``Sec. 605A. Definitions
``In this title:
``(1) Administrator.--The term `Administrator' means the
Administrator of the National Oceanic and Atmospheric
Administration.
``(2) Harmful algal bloom.--The term `harmful algal bloom'
means marine and freshwater phytoplankton that proliferate to
high concentrations, resulting in nuisance conditions or
harmful impacts on marine and aquatic ecosystems, coastal
communities, and human health through the production of toxic
compounds or other biological, chemical, and physical impacts
of the algae outbreak.
``(3) Hypoxia.--The term `hypoxia' means a condition where
low dissolved oxygen in aquatic systems causes stress or
death to resident organisms.
``(4) Program.--The term `Program' means the National
Harmful Algal Bloom and Hypoxia Program established under
section 603A.
``(5) Regional research and action plan.--The term
`regional research and action plan' means a plan established
under section 603B.
``(6) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, any other territory or possession of the United
States, and any Indian tribe.
``(7) Task force.--The term `Task Force' means the Inter-
Agency Task Force established by section 603(a).
``(8) Under secretary.--The term `Under Secretary' means
the Under Secretary of Commerce for Oceans and Atmosphere.''.
``(9) United states coastal waters.--The term `United
States coastal waters' includes the Great Lakes.''.
(b) Conforming Amendment.--Section 603(a) is amended by
striking ``(hereinafter referred to as the `Task Force')''.
SEC. 13. APPLICATION WITH OTHER LAWS.
The Act is amended by adding after section 606 the
following:
``SEC. 607. EFFECT ON OTHER FEDERAL AUTHORITY.
``Nothing in this title supersedes or limits the authority
of any agency to carry out its responsibilities and missions
under other laws.''.
______
By Mr. PRYOR (for himself, Mr. Bingaman, Ms. Murkowski, Mr.
Begich, Mr. Coons, Mr. Burr, and Mr. Tester):
S. 1703. A bill to amend the Department of Energy Organization Act to
require a Quadrennial Energy Review, and for other purposes; to the
Committee on Energy and Natural Resources.
Mr. PRYOR. Mr. President, I rise today along with Senators Bingaman,
Murkowski, Begich, Coons, Tester and Burr to introduce the Quadrennial
Energy Review Act of 2011.
One of the big gaps in federal energy policy is the lack of an
overarching vision and coordination among federal agencies to define
how the United States produces and uses energy. Every president since
Richard Nixon has called for America's independence from oil. We also
need to make sure that our nation has a 21st century electric grid that
matches supply with demand. If we want to create a more secure energy
future for America then we need to develop a national energy plan that
coordinates and integrates the energy policies of the various federal
agencies. The development of such a policy would enhance our energy
security, create jobs and mitigate environmental harm.
In the fall of 2009, Secretary of Energy Steven Chu asked the
President's Council of Advisors on Science and Technology, PCAST, to
review the energy technology innovation system to identify and
recommend ways to accelerate the large scale transformation of energy
production, delivery, and use to a low carbon energy system. In
response, PCAST formed a working group and in 2010 issued its ``Report
to the President on Accelerating the Pace of Change in Energy
Technologies through an Integrated Federal Energy Policy''. PCAST's
most important recommendation is that the Administration establish a
new process that can forge a more coordinated and robust Federal energy
policy, a major piece of which is advancing energy innovation. The
report recommends--
The President should establish a Quadrennial Energy Review,
QER, process that will provide a multiyear roadmap that lays
out an integrated view of short-, intermediate-, and long-
term energy objectives; outlines
[[Page S6511]]
legislative proposals to Congress; puts forward anticipated
Executive actions coordinated across multiple agencies; and
identifies resource requirements for the development and
implementation of energy technologies.
Last month, the American Energy Innovation Council (AEIC) released a
report, Catalyzing American Ingenuity (http://
www.americanenergyinnovation
.org/2011-report/), which noted:
The nation needs a robust National Energy Plan to serve as
a strategic technology and policy roadmap . . . [to]
``provide a clear, integrated road map with short-,
intermediate-, and long-term objectives for federal energy
policies and technology programs, along with a structured,
time-bound plan to get there. We support DOE's Quadrennial
Technology Review, QTR, which we see as an important and
meaningful first step toward developing a national energy
strategy. The federal government should build on the QTR and
move quickly toward a government-wide QER.
AEIC is a group of prominent business leaders who came together last
year to call for a more vigorous public and private sector commitment
to energy technology innovation. AEIC members include: Norm Augustine,
former chairman and chief executive officer of Lockheed Martin; Ursula
Burns, chairman and chief executive officer of Xerox; John Doerr,
partner at Kleiner Perkins Caufield & Byers; Bill Gates, chairman and
former chief executive officer of Microsoft; Charles O. Holliday,
chairman of Bank of America and former chairman and chief executive
officer of DuPont; Jeff Immelt, chairman and chief executive officer of
GE; and Tim Solso, chairman and chief executive officer of Cummins Inc.
A Quadrennial Energy Review could establish government-wide energy
goals, coordinate actions across agencies, and lead to the development
of a national energy policy.
As the lead agency in support of energy science and technology
innovation, the Department of Energy has taken the first step to
developing a national energy plan by conducting a Quadrennial
Technology Review of the energy technology policies and programs of the
Department. The QTR serves as the basis for DOE's coordination with
other agencies and on other programs for which the Department has a key
role.
The next step is to build upon DOE's report and perform a Quadrennial
Energy Review that would establish government-wide energy objectives,
coordinate actions across Federal agencies, and provide a strong
analytical base for Federal energy policy decisions.
Our bill, the Quadrennial Energy Review Act of 2011, would authorize
the President to establish an Interagency Working Group to submit a
Quadrennial Energy Review to Congress by February 1, 2014, and every 4
years thereafter. The Group would be co-chaired by the Secretary of
Energy and the Director of the Office of Science and Technology Policy,
OSTP, and consist of level I or II Executive Schedule members
representing the Departments of Commerce, Defense, State, Interior,
Agriculture, Treasury, and Transportation, Office of Management and
Budget, National Science Foundation, Environmental Protection Agency,
and other Federal organizations, departments and agencies that the
President considers to be appropriate.
The bill lists what information, at a minimum, shall be reported in
the Quadrennial Energy Review and requires the Secretary of Energy to
provide the Executive Secretariat and for agency heads to cooperate
with the Secretary.
We live in a global world with global demands on energy. The country
that best manages its energy resources will lead the 21st century and
provide its people a secure energy future. The U.S. needs to win the
energy race and this bill will help the United States remain that
country.
______
By Ms. AYOTTE (for herself and Mr. Reed);
S. 1704. A bill to amend title 10, United States Code, to modify
certain authorities relating to the strategic airlift aircraft force
structure of the Air Force; to the Committee on Armed Services.
Ms. AYOTTE. Mr. President, I am pleased to introduce today, along
with my colleague Senator REED, the Strategic Airlift Force Structure
Reform Act of 2011.
Current Federal law U.S. Code Title 10, 8062(g)(1) sets the Air
Force's minimum number of strategic airlift aircraft at 316. However,
based on the Mobility Capabilities and Requirements Study-2016,
Department of Defense and Air Force officials have testified
approximately 300 aircraft can meet our nation's strategic airlift
capacity requirements.
During a July 13, 2011, Senate Armed Services Subcommittee hearing,
Christine Fox, Director of Cost Assessment and Program Evaluation,
CAPE, in the Office of Secretary of Defense; General Duncan McNabb,
Commander of U.S. Transportation Command, TRANSCOM; and General Raymond
Johns, Commander of Air Mobility Command, AMC, testified that reducing
the number to around 300 aircraft would allow the Air Force to meet
airlift requirements while saving over $1.2 billion and not increasing
operational risk. In fact, General Johns testified that strategic
airlift aircraft in excess of 301 were ``over capacity'' that forces
``extra workload on our airmen to keep that capability when we don't
need to utilize it.''
Based on this testimony, the Strategic Airlift Force Structure Act of
2011 would reduce the strategic airlift aircraft floor from 316 to 301.
In this time of fiscal austerity, Congress needs to stop forcing the
Pentagon to spend defense dollars maintaining aircraft that our
warfighters say they don't need. Every defense dollar wasted deprives
our warfighters of the resources they have actually requested. Reducing
the aircraft floor is a commonsense step that would save taxpayers
millions of dollars while ensuring that our military continues to meet
strategic airlift requirements.
I encourage my colleagues to carefully review our legislation and I
welcome their comments.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1704
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 ``Strategic Airlift Force
Structure Reform Act of 2011''.
SEC. 2. STRATEGIC AIRLIFT AIRCRAFT FORCE STRUCTURE OF THE AIR
FORCE.
Section 8062(g)(1) of title 10, United States Code, is
amended--
(1) by striking ``Effective October 1, 2009, the
Secretary'' and inserting ``The Secretary''; and
(2) by striking ``316 aircraft'' and inserting ``301
aircraft''.
______
By Mrs. MURRAY (for herself and Ms. Cantwell):
S. 1705. A bill to designate the Department of Veterans Affairs
Medical Center in Spokane, Washington, as the ``Mann-Grandstaff
Department of Veterans Affairs Medical Center''; to the Committee on
Veterans' Affairs.
Mrs. MURRAY. Mr. President, today I am proud to introduce legislation
to name the Department of Veterans Affairs Medical Center in Spokane,
WA, after two Medal of Honor recipients, Private First Class Joe E.
Mann and Platoon Sergeant Bruce A. Grandstaff. My colleague Senator
Cantwell is joining me to introduce this bill in the Senate. This
proposal has received widespread support from the Washington state
chapters of several key national veterans service organizations,
including the Veterans of Foreign Wars, American Legion, AMVETS,
Disabled American Veterans, Paralyzed Veterans of America, and Vietnam
Veterans of America.
I would like to share something about these two heroes. Private Mann
was born in Reardan, Washington, and served in the 101st Airborne
Division during World War II. While attempting to seize the bridge
across the Wilhelmina Canal, his platoon was isolated, surrounded, and
outnumbered by enemy forces. Despite heavy enemy fire, he bravely
advanced to within rocket-launching range of the enemy as the lead
scout. Private Mann was wounded four separate times while destroying an
enemy artillery position near Best, Holland. Despite his wounds, he
volunteered to stay on sentry duty that night with both his arms
bandaged to his body. The following day when the final assault came, an
enemy grenade was thrown in his vicinity. Unable to throw it to safety
due to his
[[Page S6512]]
wounds and bandages, Private Mann threw himself on the grenade,
sacrificing his life to save the lives of his fellow soldiers.
Sergeant Grandstaff was born in Spokane, Washington, and served in
the 4th Infantry Division. While leading a reconnaissance mission near
the Cambodian border, Sergeant Grandstaff's platoon was ambushed by
heavy automatic weapons and small arms fire from three directions. He
ran through enemy fire to rescue his wounded men, but was only able to
save one. Twice he crawled outside the safety of his unit's position to
mark their location with smoke grenades for aerial fire support, and
twice he was wounded. His second marker successfully notified the
helicopter gunships of his location, but drew even more enemy fire.
Seeing the enemy assault about to overrun his position, Sergeant
Grandstaff inspired his remaining men to continue the fight against
enemy forces. He called in an artillery barrage on himself to thwart
the enemy forces, and continued to fight until he was finally and
mortally wounded by an enemy rocket. Although every man in his unit was
a casualty, survivors testified that his spirit and courage inspired
the unit to inflict heavy casualties on the assaulting enemy even
though the odds were stacked against them.
I am especially proud to introduce this bill. Its purpose is to honor
not just one American hero, but two native sons of Washington who gave
their lives fighting on behalf of our nation. Also, both of these men
now rest in peace approximately 10 minutes away from the Spokane VA
Medical Center, which serves veterans of all generations, from World
War II to Vietnam to our newest generation of American heroes.
Above all else, this bill is intended to honor both Private Mann and
Sergeant Grandstaff for their ``conspicuous gallantry and intrepidity
at the risk of life above and beyond the call of duty.'' By renaming
the Spokane VA Medical Center as the Mann-Grandstaff VA Medical Center,
we will honor the service and ultimate sacrifice provided by these two
local heroes. I urge my colleagues to support this legislation and
thank them for their continued support of our dedicated men and women
in uniform.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1705
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DESIGNATION OF MANN-GRANDSTAFF DEPARTMENT OF
VETERANS AFFAIRS MEDICAL CENTER.
(a) Designation.--The Department of Veterans Affairs
Medical Center in Spokane, Washington, shall after the date
of the enactment of this Act be known and designated as the
``Mann-Grandstaff Department of Veterans Affairs Medical
Center''.
(b) References.--Any reference to in any law, regulation,
map, document, record, or other paper of the United States to
the medical center referred to in subsection (a) shall be
considered to be a reference to the Mann-Grandstaff
Department of Veterans Affairs Medical Center.
______
By Mr. REED (for himself, Mr. Brown of Massachusetts, Mr. Kerry,
and Mr. Whitehouse):
S. 1708. A bill to establish the John H. Chafee Blackstone River
Valley National Historical Park, and for other purposes; to the
Committee on Energy and Natural Resources.
Mr. REED. Mr. President, today I am introducing legislation for the
creation of the John H. Chafee Blackstone River Valley National
Historical Park, along with my colleagues from Rhode Island and
Massachusetts, Senators Whitehouse, Kerry, and Scott Brown. Our
legislation seeks to preserve the industrial heritage and natural and
cultural resources of the Blackstone Valley, help provide economic
development opportunities for the local economies, and build upon the
solid foundation of the John H. Chafee Blackstone River Valley National
Heritage Corridor.
Samuel Slater built his mill in 1793 and started the American
Industrial Revolution in Rhode Island along the Blackstone River.
Today, the John H. Chafee Blackstone River Valley National Heritage
Corridor contains an exceptional concentration of surviving mills and
villages that illustrate this chapter of American history.
The Blackstone Valley is a national treasure, which also includes
thousands of acres of beautiful, undeveloped land and waterways that
are home to diverse wildlife.
The extensive work of the National Park Service and the tireless
efforts of Federal, State--both Rhode Island and Massachusetts--and
local officials, developers, and volunteers have resulted in the
recovery of dozens of historic villages, riverways, and rural
landscapes throughout the Corridor. These types of economic
redevelopment and environmental restoration efforts reflect the ongoing
story of the Blackstone River and the valley.
The Ashton Mill in Cumberland is one such example of local
redevelopment. With the designation of the National Heritage Corridor,
the cleanup of the Blackstone River, the creation of the Blackstone
River State Park in Lincoln, Rhode Island, and the construction of the
Blackstone River Bikeway, the property was restored for adaptive reuse
as rental apartments. Once again the mill and its village are a vital
part of the greater Blackstone Valley community.
Great progress has also been made in restoring the environmental
resources of the river valley. As a result, people are once again
enjoying the river, whether in kayaks or canoes, or through other
means. I have been pleased over the years to help support the
preservation and renewed development of the Blackstone River Valley.
In 2005, I cosponsored legislation introduced by my then-colleague
Senator Lincoln Chafee to conduct a Special Resource Study of the
Corridor to determine which areas within the Corridor were nationally
significant and whether they were suitable to become part of the
National Park Service. When it was released this July, the study
recommended the creation of a new national historic park whose
boundaries would encompass both Rhode Island and Massachusetts,
including the Blackstone River and its tributaries; the Blackstone
Canal; the historic districts of Old Slater Mill in Pawtucket; the
villages of Slatersville and Ashton in Rhode Island; and the villages
of Whitinsville and Hopedale in Massachusetts.
The partnership park described in the Special Resource Study clearly
stated the importance of the rural and urban areas, the landscape, and
the river in telling the story of the Blackstone River Valley.
It will build upon the solid foundation of the John H. Chafee
Blackstone River Valley National Heritage Corridor and the workers and
volunteers in all the surrounding communities, in restoring the
Corridor.
Designating these areas as a national historical park has important
economic, environmental, historical, and educational benefits for the
region. This is a two state initiative, and truly a national
initiative, that will embrace both Rhode Island and Massachusetts, and
ensure the preservation of the industrial and natural heritage of the
Blackstone River Valley for future generations to enjoy.
Establishing a national park will provide opportunities for work,
opportunities for recreation, and opportunities to boost economic
development, while memorializing the history of this place and its role
in the American Industrial Revolution.
The partnerships between the federal, state, local, and private
organizations have a proven track record of success with the Corridor,
and I expect that the communities in Rhode Island and Massachusetts
that have been engaged on this endeavor for many years will continue to
partner with the National Park Service going forward.
Creating a national historic park sets a clear path to preserve our
cultural heritage, improve the use and enjoyment of these resources,
including offering outdoor education for young people, and increase the
level of protection for our most important and nationally significant
cultural and natural resources.
I have been proud to introduce this bipartisan legislation in honor
of my late-colleague John H. Chafee, who years ago had a great vision,
shared with many others in Rhode Island and Massachusetts, to preserve
and protect the Blackstone Valley.
I look forward to working with all of my colleagues to create the
John H.
[[Page S6513]]
Chafee Blackstone River Valley National Historical Park.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1708
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 ``John H. Chafee Blackstone
River Valley National Historical Park Establishment Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish the John H. Chafee
Blackstone River Valley National Historical Park--
(1) to help preserve, protect, and interpret the nationally
significant resources in the Blackstone River Valley that
exemplify the industrial heritage of the John H. Chafee
Blackstone River Valley National Heritage Corridor for the
benefit and inspiration of future generations;
(2) to support the preservation, protection, and
interpretation of the urban, rural, and agricultural
landscape features (including the Blackstone River and Canal)
of the region that provide an overarching context for the
industrial heritage of the National Heritage Corridor;
(3) to educate the public about--
(A) the industrial history of the National Heritage
Corridor; and
(B) the significance of the National Heritage Corridor to
the past and present; and
(4) to support and enhance the network of partners who will
continue to engage in the protection, improvement,
management, and operation of key resources and facilities
throughout the National Heritage Corridor.
SEC. 3. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled ``John H.
Chafee Blackstone River Valley National Historical Park'',
numbered NEFA962/111015, and dated October 2011.
(2) National heritage corridor.--The term ``National
Heritage Corridor'' means the John H. Chafee Blackstone River
Valley National Heritage Corridor.
(3) Park.--The term ``Park'' means the John H. Chafee
Blackstone River Valley National Historical Park established
under section 4.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(5) State.--The term ``State'' means each of the States of
Massachusetts and Rhode Island.
SEC. 4. ESTABLISHMENT OF JOHN H. CHAFEE BLACKSTONE RIVER
VALLEY NATIONAL HISTORICAL PARK.
(a) Establishment.--There is established in the States a
unit of the National Park System, to be known as the ``John
H. Chafee Blackstone River Valley National Historical Park''.
(b) Boundaries.--The Park shall be comprised of the
following sites and districts, as generally depicted on the
map:
(1) Old Slater Mill National Historic Landmark District.
(2) Slatersville Historic District.
(3) Ashton Historic District.
(4) Whitinsville Historic District.
(5) Hopedale Village Historic District.
(6) Blackstone River and the tributaries of Blackstone
River.
(7) Blackstone Canal.
(c) Availability of Map.--The map shall be available for
public inspection in the appropriate offices of the National
Park Service.
(d) Acquisition of Land.--The Secretary may acquire land or
interests in land within the boundaries of the Park by--
(1) donation;
(2) purchase with donated or appropriated funds; or
(3) exchange.
(e) Administration.--
(1) In general.--The Secretary shall administer the Park in
accordance with--
(A) this Act;
(B) the laws generally applicable to units of the National
Park System, including--
(i) the National Park Service Organic Act (16 U.S.C. 1 et
seq.); and
(ii) the Act of August 21, 1935 (16 U.S.C. 461 et seq.);
and
(C) any cooperative agreements entered into under
subsection (f).
(2) General management plan.--
(A) In general.--Not later than 3 years after the date on
which funds are made available to carry out this Act, the
Secretary shall prepare a general management plan for the
Park--
(i) in consultation with the States; and
(ii) in accordance with--
(I) any cooperative agreements entered into under
subsection (f); and
(II) section 12(b) of the National Park System General
Authorities Act (16 U.S.C. 1a-7(b)).
(B) Requirements.--To the maximum extent practicable, the
plan prepared under subparagraph (A) shall consider ways to
use preexisting or planned visitor facilities and
recreational opportunities developed in the National Heritage
Corridor, including--
(i) the Blackstone Valley Visitor Center in Pawtucket,
Rhode Island;
(ii) the Captain Wilbur Kelly House at Blackstone River
State Park in Lincoln, Rhode Island;
(iii) the Museum of Work and Culture in Woonsocket, Rhode
Island;
(iv) the River Bend Farm/Blackstone River and Canal
Heritage State Park in Uxbridge, Massachusetts; and
(v) the Worcester Blackstone Visitor Center, located at the
former Washburn & Moen wire mill facility in Worcester,
Massachusetts.
(f) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with the States, political
subdivisions of the States, nonprofit organizations
(including the Blackstone River Valley National Heritage
Corridor, Inc.), and private property owners to provide
technical assistance and interpretation in the Park and the
National Heritage Corridor.
(g) Financial Assistance.--Subject to the availability of
appropriations, the Secretary may provide financial
assistance, on a matching basis, for the conduct of resource
protection activities in the National Heritage Corridor.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
______
By Mr. BEGICH (for himself and Ms. Murkowski):
S. 1710. A bill to designate the United States courthouse located at
222 West 7th Avenue, Anchorage, Alaska, as the James M. Fitzgerald
United States Courthouse; to the Committee on Environment and Public
Works.
Mr. BEGICH. Mr. President, I come to the floor today to introduce a
piece of legislation honoring a great Alaskan. James Martin Fitzgerald
was a giant of my State's judicial community for 5 decades--almost as
long as Alaska has been a State. This legislation, naming the Anchorage
federal courthouse facility in Judge Fitzgerald's honor, is a fitting
tribute to his legacy.
James Fitzgerald first came to Alaska in the 1950s. He was a
decorated World War II Marine veteran, an accomplished lawyer, an
Assistant U.S. Attorney, and became Alaska's first Commissioner of
Public Safety. From November 1959 until his retirement until 2006, he
served with distinction as a State and Federal judge unanimously
praised for his fairness, brilliance and humility.
Judge Fitzgerald served as a judge on the Alaska Superior Court,
Third District, from 1959 through 1972. He was the presiding judge on
that court from 1969 through 1972. At that time, he became an Alaska
Supreme Court Justice, where he would serve until 1975.
President Gerald Ford nominated Judge Fitzgerald to be a Judge of the
United States District Court for the District of Alaska in December of
1974. He was quickly confirmed by the U.S. Senate and received his
commission to the Federal bench. Judge Fitzgerald served on this
Federal court until his retirement in 2006 and also spent 5 years as
the chief judge of the court.
In addition to his impressive record of accomplishments and his years
of public service, Judge Fitzgerald was also known for his integrity
and character. His colleagues on the bench, the lawyers who testified
in his courtroom and his friends and neighbors all knew him to be a
humble, kind, thoughtful and generous man. For decades he was praised
for his legal brilliance and his respect for all those who sought
justice in his court. His contributions to the State of Alaska will not
be forgotten.
Naming the Anchorage federal courthouse in Judge Fitzgerald's honor
is broadly supported by Alaskans. In fact, I assembled a small
committee of outstanding Alaska leaders to review this proposal and
they strongly endorsed extending this honor to Judge Fitzgerald. I
would like to thank the committee members for their public service:
Anchorage attorney Lloyd Miller, Judge John D. Roberts, Juneau Mayor
Bruce Botelho, and Liz Medicine Crow of the First Alaskans Institute.
For all these reasons, today I am proud to introduce this legislation
to designate the United States Courthouse in Anchorage as the James M.
Fitzgerald United States Courthouse. He was a great man and this is a
fine way to remember all he did for my State.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1710
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. JAMES M. FITZGERALD UNITED STATES COURTHOUSE.
(a) Designation.--The United States courthouse located at
222 West 7th Avenue, Anchorage, Alaska, shall be known and
designated as the ``James M. Fitzgerald United States
Courthouse''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other
[[Page S6514]]
record of the United States to the United States courthouse
referred to in subsection (a) shall be deemed to be a
reference to the ``James M. Fitzgerald United States
Courthouse''.
______
By Mr. BROWN of Ohio:
S. 1711. A bill to enhance reciprocal market access for United States
domestic producers in the negotiating process of bilateral, regional,
and multilateral trade agreements; to the Committee on Finance.
Mr. BROWN of Ohio. Mr. President I rise to talk about our Nation's
flawed approach to trade and its damaging effects on economic growth
and job creation. Yesterday, this body approved three trade agreements
that will do far too little to create manufacturing jobs here in the
United States. In fact, it is clear these more-of-the-same agreements
will cost manufacturing jobs in Ohio and across the nation.
In towns and cities across Ohio, workers have the proud tradition of
manufacturing products that matter to America.
From steel tubes made in Lorain that equip our energy markets, to car
parts made in Moraine that move our auto industry forward, Ohio
manufacturers represent the heart of our nation's economy.
Ohio manufacturers and workers are some of the most industrious and
innovative in the United States.
Our companies and the people who fill our factories can compete
across the world--but only if your government implements trade policies
that create a level playing field.
However, Republican and Democratic administrations alike, along with
Congress, have signed and passed trade agreements premised on hollow
promises.
Supporters of free market policies promised that past trade pacts
like NAFTA would stimulate growth and create jobs.
Some companies and constituents in Ohio would argue these
assertions--and the assurances that accompany current trade
agreements--could not be further from the truth.
Once successful companies in my state are now collapsing under the
weight of misguided trade policies.
Working families in West Chester, Pickerington, Lima, and Akron are
holding on for dear life in the face of our government failing to
negotiate and enforce trade deals.
A rational trade agreement should open new markets, include standards
on labor and safety that are at least as strong as the commercial
provisions, and help U.S. companies expand their consumer base around
the world.
However, recent trade pacts have slashed tariffs for foreign
competitors while doing little to address the tariff and nontariff
barriers that U.S. businesses face with our trading partners. Nothing
in these newly approved agreements will change this pattern.
All too often, U.S. trade negotiators have been willing to open our
markets to a flood of imports while failing to win the concessions
required to make trade work for America.
A quick glance at our Nation's trade statistics makes it clear that
we need a new gameplan when it comes to trade.
The U.S. merchandise trade deficit has surged 46 percent over the
last decade, reaching an astronomical $634 billion in 2010.
Since the implementation of NAFTA in 1994, the U.S. has lost more
than three million manufacturing jobs.
Behind these numbers are the faces of middle-class Americans who have
lost their job because of ill-advised trade agreements.
Whether it is the worker getting laid off at a manufacturer providing
energy appliances, or the person losing their job at a steel plant, the
loss of a job due to trade can be a devastating experience for families
across America.
Two examples of our nation giving too much, for too little in return
can be seen with the U.S.-Korea free trade agreement.
South Korea has the lowest level of import penetration for auto
sales--at just 4.4 percent--of any developed country.
In 2009, the U.S. exported fewer than 6,000 cars to Korea. In the
same year, Korea exported 476,000 cars to the U.S.
While a marginal improvement, the U.S.-Korea free trade agreement
would allow each American-based automaker to export 25,000 cars to
South Korea free of burdensome regulations.
However, it is clear that this ``concession'' does not do enough to
shift the imbalanced trade in the auto sector in our direction.
In addition--much like China--South Korea would still be able to
manipulate its currency--thwarting the ability of American companies to
compete and hire workers.
Instead, South Korea will be able to exploit this trade agreement and
make the limited market access we would have meaningless.
It is time that our free trade agreements increase market access to
U.S. goods so that we're exporting goods--not jobs.
The American people are demanding a plan to make trade work.
It is time for Congress to meet the demands of the American people
and take action to ensure a level playing field for our businesses and
workers.
That is why I'm introducing the Reciprocal Market Access Act.
The Reciprocal Market Access Act would require the reduction or
elimination of U.S. duties to be reciprocated by the nation with which
we are entering into a trade pact.
In the event that a trading partner does not adhere to this
requirement, the U.S. Trade Representative would be authorized to
withdraw tariff concessions if a trading partner has failed to
eliminate relevant tariff and non-tariff barriers.
This requirement will make sure that any type of barrier doesn't put
American products at a disadvantage before we open our doors to
American goods.
The U.S. should no longer acquiesce to demands to further open our
market--already the most open market in the global economy--without
gaining meaningful market access for American manufacturers in
exchange.
In addition, this bill would instruct the International Trade
Commission to assess the impact of a potential trade agreement on
opportunities and barriers for U.S. products that will be affected by
the trade agreement.
If Congress is committed to creating jobs and reducing the trade
deficit, we've got to make sure we have the policies that put us on a
level playing field with our trading partners.
If we are serious about standing up for workers, small business and
manufacturers who continue to play be the rules, we need to pass this
legislation.
It is time to take action to help rebuild the economic foundation of
the middle class.
It is time we negotiate trade agreements that put American workers
and American businesses first.
It is time to pass this legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1711
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 ``Reciprocal Market Access Act
of 2011''.
SEC. 2. PURPOSE.
The purpose of this Act is to require that United States
trade negotiations achieve measurable results for United
States businesses by ensuring that trade agreements result in
expanded market access for United States exports and not
solely the elimination of tariffs on goods imported into the
United States.
SEC. 3. LIMITATION ON AUTHORITY TO REDUCE OR ELIMINATE RATES
OF DUTY PURSUANT TO CERTAIN TRADE AGREEMENTS.
(a) Limitation.--Notwithstanding any other provision of
law, on or after the date of the enactment of this Act, the
President may not agree to a modification of an existing duty
that would reduce or eliminate the bound or applied rate of
such duty on any product in order to carry out a trade
agreement entered into between the United States and a
foreign country until the President transmits to Congress a
certification described in subsection (b).
(b) Certification.--A certification referred to in
subsection (a) is a certification by the President that--
(1) the United States has obtained the reduction or
elimination of tariff and nontariff barriers and policies and
practices of the government of a foreign country described in
subsection (a) with respect to United States exports of any
product identified by United States domestic producers as
having the same physical characteristics and uses as the
product for which a modification of an existing duty is
sought by the President as described in subsection (a); and
(2) a violation of any provision of the trade agreement
described in subsection (a) relating to the matters described
in paragraph (1)
[[Page S6515]]
is immediately enforceable in accordance with the provisions
of section 4.
SEC. 4. ENFORCEMENT PROVISIONS.
(a) Withdrawal of Tariff Concessions.--If the President
does agree to a modification described in section 3(a), and
the United States Trade Representative determines pursuant to
subsection (c) that--
(1) a tariff or nontariff barrier or policy or practice of
the government of a foreign country described in section 3(a)
has not been reduced or eliminated, or
(2) a tariff or nontariff barrier or policy or practice of
such government has been imposed or discovered,
the modification shall be withdrawn until such time as the
United States Trade Representative submits to Congress a
certification described in section 3(b)(1).
(b) Investigation.--
(1) In general.--The United States Trade Representative
shall initiate an investigation if an interested party files
a petition with the United States Trade Representative which
alleges the elements necessary for the withdrawal of the
modification of an existing duty under subsection (a), and
which is accompanied by information reasonably available to
the petitioner supporting such allegations.
(2) Interested party defined.--For purposes of paragraph
(1), the term ``interested party'' means--
(A) a manufacturer, producer, or wholesaler in the United
States of a domestic product that has the same physical
characteristics and uses as the product for which a
modification of an existing duty is sought;
(B) a certified union or recognized union or group of
workers engaged in the manufacture, production, or wholesale
in the United States of a domestic product that has the same
physical characteristics and uses as the product for which a
modification of an existing duty is sought;
(C) a trade or business association a majority of whose
members manufacture, produce, or wholesale in the United
States a domestic product that has the same physical
characteristics and uses as the product for which a
modification of an existing duty is sought; and
(D) a member of the Committee on Ways and Means of the
House of Representatives or a member of the Committee on
Finance of the Senate.
(c) Determination by USTR.--Not later than 45 days after
the date on which a petition is filed under subsection (b),
the United States Trade Representative shall--
(1) determine whether the petition alleges the elements
necessary for the withdrawal of the modification of an
existing duty under subsection (a); and
(2) notify the petitioner of the determination under
paragraph (1) and the reasons for the determination.
SEC. 5. MARKET ACCESS ASSESSMENT BY INTERNATIONAL TRADE
COMMISSION.
(a) In General.--The International Trade Commission shall
conduct an assessment of the impact of each proposed trade
agreement between the United States and a foreign country on
tariff and nontariff barriers and policies and practices of
the government of the foreign country with respect to United
States exports of any product identified by United States
domestic producers as having the same physical
characteristics and uses as the product for which a
modification of an existing duty is sought by the President
as described in section 4(a).
(b) Identification.--In conducting the assessment under
subsection (a), the International Trade Commission shall
identify the tariff and nontariff barriers and policies and
practices for such products that exist in the foreign country
and the expected opportunities for exports from the United
States to the foreign country if existing tariff and
nontariff barriers and policies and practices are eliminated.
(c) Consultation.--In conducting the assessment under
subsection (a), the International Trade Commission shall, as
appropriate, consult with and seek to obtain relevant
documentation from United States domestic producers of
products having the same physical characteristics and uses as
the product for which a modification of an existing duty is
sought by the President as described in section 4(a).
(d) Report.--Not later than 45 days before the date on
which negotiations for a proposed trade agreement described
in subsection (a) are initiated, the International Trade
Commission shall submit to the United States Trade
Representative, the Secretary of Commerce, and Congress a
report on the proposed trade agreement that contains the
assessment under subsection (a) conducted with respect to
such proposed trade agreement. The report shall be submitted
in unclassified form, but may contain a classified annex if
necessary.
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