[Congressional Record (Bound Edition), Volume 163 (2017), Part 10]
[Senate]
[Pages 15060-15062]
[From the U.S. 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.
       (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.--

[[Page 15061]]

       (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.
       (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.

[[Page 15062]]

       (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.

                          ____________________