[Congressional Record (Bound Edition), Volume 157 (2011), Part 11]
[Senate]
[Pages 15446-15454]
[From the U.S. 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;

[[Page 15447]]

       ``(B) pose a threat to the health of coastal and Great 
     Lakes ecosystems;
       ``(C) are costly to coastal economies; and
       ``(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;

[[Page 15448]]

       ``(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, 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.

[[Page 15449]]

       ``(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, 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,

[[Page 15450]]

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 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

[[Page 15451]]

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 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.

[[Page 15452]]

  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. 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

[[Page 15453]]

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 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

[[Page 15454]]

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) 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.

                          ____________________