[Congressional Record Volume 163, Number 154 (Tuesday, September 26, 2017)]
[Senate]
[Page S6141]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1105. Mr. CORNYN (for Mr. Lee) proposed an amendment to the bill 
S. 1057, to amend the Harmful Algal Bloom and Hypoxia Research and 
Control Act of 1998 to address harmful algal blooms, and for other 
purposes; as follows:

       Beginning on page 10, strike line 4 and all that follows 
     through page 12, line 15 and insert the following:

     SEC. 7. HYPOXIA OR HARMFUL ALGAL BLOOM OF NATIONAL 
                   SIGNIFICANCE.

       (a) Relief.--
       (1) In general.--Upon a determination under subsection (b) 
     that there is an event of national significance, the 
     appropriate Federal official is authorized to make sums 
     available to the affected State or local government for the 
     purposes of assessing and mitigating the detrimental 
     environmental, economic, subsistence use, and public health 
     effects of the event of national significance.
       (2) Federal share.--The Federal share of the cost of any 
     activity carried out under this subsection for the purposes 
     described in paragraph (1) may not exceed 50 percent of the 
     cost of that activity.
       (3) Donations.--Notwithstanding any other provision of law, 
     an appropriate Federal official may accept donations of 
     funds, services, facilities, materials, or equipment that the 
     appropriate Federal official considers necessary for the 
     purposes described in paragraph (1). Any funds donated to an 
     appropriate Federal official under this paragraph may be 
     expended without further appropriation and without fiscal 
     year limitation.
       (b) Determinations.--
       (1) In general.--At the discretion of an appropriate 
     Federal official, or at the request of the Governor of an 
     affected State, an appropriate Federal official shall 
     determine whether a hypoxia or harmful algal bloom event is 
     an event of national significance.
       (2) Considerations.--In making a determination under 
     paragraph (1), the appropriate Federal official shall 
     consider the toxicity of the harmful algal bloom, the 
     severity of the hypoxia, its potential to spread, the 
     economic impact, the relative size in relation to the past 5 
     occurrences of harmful algal blooms or hypoxia events that 
     occur on a recurrent or annual basis, and the geographic 
     scope, including the potential to affect several 
     municipalities, to affect more than 1 State, or to cross an 
     international boundary.
       (c) Definitions.--In this section:
       (1) Appropriate federal official.--The term ``appropriate 
     Federal official'' means--
       (A) in the case of a marine or coastal hypoxia or harmful 
     algal bloom event, the Under Secretary of Commerce for Oceans 
     and Atmosphere; and
       (B) in the case of a freshwater hypoxia or harmful algal 
     bloom event, the Administrator of the Environmental 
     Protection Agency.
       (2) Event of national significance.--The term ``event of 
     national significance'' means a hypoxia or harmful algal 
     bloom event that has had or will likely have a significant 
     detrimental environmental, economic, subsistence use, or 
     public health impact on an affected State.
       (3) Hypoxia or harmful algal bloom event.--The term 
     ``hypoxia or harmful algal bloom event'' means the occurrence 
     of hypoxia or a harmful algal bloom as a result of a natural, 
     anthropogenic, or undetermined cause.

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