[Congressional Record Volume 163, Number 154 (Tuesday, September 26, 2017)]
[Senate]
[Pages S6145-S6147]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL AMENDMENTS ACT OF
2017
Mr. CORNYN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 205, S. 1057.
The PRESIDING OFFICER. The clerk will report the bill by title.
The bill clerk read as follows:
A 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.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harmful Algal Bloom and
Hypoxia Research and Control Amendments Act of 2017''.
SEC. 2. REFERENCES TO THE HARMFUL ALGAL BLOOM AND HYPOXIA
RESEARCH AND CONTROL ACT OF 1998.
Except as otherwise expressly provided, wherever 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 (33 U.S.C. 4001 et seq.).
SEC. 3. INTER-AGENCY TASK FORCE.
Section 603(a) (33 U.S.C. 4001(a)) is amended--
(1) in paragraph (12), by striking ``and'' at the end;
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following:
``(13) the Army Corps of Engineers; and''.
SEC. 4. SCIENTIFIC ASSESSMENTS OF FRESHWATER HARMFUL ALGAL
BLOOMS.
Section 603 (33 U.S.C. 4001) is amended--
(1) by striking subsection (f);
(2) by redesignating subsections (g), (h), (i), and (j) as
subsections (f), (g), (h), and (i), respectively; and
(3) by amending subsection (g) to read as follows:
``(g) Scientific Assessments of Marine and Freshwater
Harmful Algal Blooms.--Not less than once every 5 years the
Task Force shall complete and submit to Congress a scientific
assessment of harmful algal blooms in United States coastal
waters and freshwater systems. Each assessment shall examine
both marine and freshwater harmful algal blooms, including
those in the Great Lakes and upper reaches of estuaries,
those in freshwater lakes and rivers, and those that
originate in freshwater lakes or rivers and migrate to
coastal waters.''.
SEC. 5. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.
(a) Program Duties.--Section 603A(e) (33 U.S.C. 4002(e)) is
amended--
(1) in paragraph (1), by inserting ``, including to local
and regional stakeholders through the establishment and
maintenance of a publicly accessible Internet website that
provides information as to Program activities completed under
this section'' after ``Program'';
(2) in paragraph (3)--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (C), by inserting ``and'' after the
semicolon at the end; and
(C) by adding at the end the following:
``(D) to accelerate the utilization of effective methods of
intervention and mitigation to reduce the frequency,
severity, and impacts of harmful algal bloom and hypoxia
events;'';
(3) in paragraph (4), by striking ``and work cooperatively
with'' and inserting ``, and work cooperatively to provide
technical assistance to,''; and
(4) in paragraph (7)--
(A) by inserting ``and extension'' after ``existing
education''; and
(B) by inserting ``intervention,'' after ``awareness of the
causes, impacts,''.
(b) National Oceanic and Atmospheric Administration
Activities.--Section 603A(f) (33 U.S.C. 4002(f)) is amended--
(1) in paragraph (3), by inserting ``, which shall include
unmanned systems,'' after ``infrastructure'';
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6)(C), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(7) use cost effective methods in carrying out this Act;
and
``(8) develop contingency plans for the long-term
monitoring of hypoxia.''.
SEC. 6. CONSULTATION REQUIRED.
Section 102 of the Harmful Algal Bloom and Hypoxia
Amendments Act of 2004 (33 U.S.C. 4001a) is amended by
striking ``the amendments made by this title'' and inserting
``the Harmful Algal Bloom and Hypoxia Research and Control
Act of 1998''.
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 environmental,
economic, social, 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 75 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 such factors as 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.
[[Page S6146]]
(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
environmental, economic, 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.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Section 609(a) (33 U.S.C. 4009(a)) is amended by inserting
``, and $22,000,000 for each of fiscal years 2019 through
2023'' before the period at the end.
Mr. CORNYN. Mr. President, I ask unanimous consent that the
committee-reported substitute amendment be considered, the Lee
amendment be considered and agreed to, the committee-reported
substitute amendment, as amended, be agreed to, and the bill, as
amended, be considered read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 1105) was agreed to, as follows:
(Purpose: To improve the bill)
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.
The committee-reported amendment in the nature of a substitute, as
amended, was agreed to.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. CORNYN. Mr. President, I know of no further debate on the bill.
The PRESIDING OFFICER. Is there further debate on the bill?
Hearing none, the bill having been read the third time, the question
is, Shall it pass?
The bill (S. 1057), as amended, was passed, as follows:
S. 1057
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harmful Algal Bloom and
Hypoxia Research and Control Amendments Act of 2017''.
SEC. 2. REFERENCES TO THE HARMFUL ALGAL BLOOM AND HYPOXIA
RESEARCH AND CONTROL ACT OF 1998.
Except as otherwise expressly provided, wherever 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 (33 U.S.C. 4001 et seq.).
SEC. 3. INTER-AGENCY TASK FORCE.
Section 603(a) (33 U.S.C. 4001(a)) is amended--
(1) in paragraph (12), by striking ``and'' at the end;
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following:
``(13) the Army Corps of Engineers; and''.
SEC. 4. SCIENTIFIC ASSESSMENTS OF FRESHWATER HARMFUL ALGAL
BLOOMS.
Section 603 (33 U.S.C. 4001) is amended--
(1) by striking subsection (f);
(2) by redesignating subsections (g), (h), (i), and (j) as
subsections (f), (g), (h), and (i), respectively; and
(3) by amending subsection (g) to read as follows:
``(g) Scientific Assessments of Marine and Freshwater
Harmful Algal Blooms.--Not less than once every 5 years the
Task Force shall complete and submit to Congress a scientific
assessment of harmful algal blooms in United States coastal
waters and freshwater systems. Each assessment shall examine
both marine and freshwater harmful algal blooms, including
those in the Great Lakes and upper reaches of estuaries,
those in freshwater lakes and rivers, and those that
originate in freshwater lakes or rivers and migrate to
coastal waters.''.
SEC. 5. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.
(a) Program Duties.--Section 603A(e) (33 U.S.C. 4002(e)) is
amended--
(1) in paragraph (1), by inserting ``, including to local
and regional stakeholders through the establishment and
maintenance of a publicly accessible Internet website that
provides information as to Program activities completed under
this section'' after ``Program'';
(2) in paragraph (3)--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (C), by inserting ``and'' after the
semicolon at the end; and
(C) by adding at the end the following:
``(D) to accelerate the utilization of effective methods of
intervention and mitigation to reduce the frequency,
severity, and impacts of harmful algal bloom and hypoxia
events;'';
(3) in paragraph (4), by striking ``and work cooperatively
with'' and inserting ``, and work cooperatively to provide
technical assistance to,''; and
(4) in paragraph (7)--
(A) by inserting ``and extension'' after ``existing
education''; and
(B) by inserting ``intervention,'' after ``awareness of the
causes, impacts,''.
(b) National Oceanic and Atmospheric Administration
Activities.--Section 603A(f) (33 U.S.C. 4002(f)) is amended--
(1) in paragraph (3), by inserting ``, which shall include
unmanned systems,'' after ``infrastructure'';
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6)(C), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(7) use cost effective methods in carrying out this Act;
and
``(8) develop contingency plans for the long-term
monitoring of hypoxia.''.
SEC. 6. CONSULTATION REQUIRED.
Section 102 of the Harmful Algal Bloom and Hypoxia
Amendments Act of 2004 (33 U.S.C. 4001a) is amended by
striking ``the amendments made by this title'' and inserting
``the Harmful Algal Bloom and Hypoxia Research and Control
Act of 1998''.
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.
[[Page S6147]]
(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.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Section 609(a) (33 U.S.C. 4009(a)) is amended by inserting
``, and $22,000,000 for each of fiscal years 2019 through
2023'' before the period at the end.
Mr. CORNYN. Mr. President, I ask unanimous consent that the motion to
reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________