Congressional Record, Senate, September 28, 2022 — Senate
Summary
Pages S5420 and S5421 of the Congressional Record, Senate, September 28, 2022 open with sections on assessments of food insecurity that may result from the Russian Federation's invasion of Ukraine, a pilot program for the Director of the Federal Bureau of Investigation on international mobile subscriber identity-catchers, and an assessment of anomalous health incidents. They then print amendment SA 5951, submitted by Schatz to amendment SA 5499 submitted by Reed (for himself and Inhofe) to the bill to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense. Its text includes the Illegal Fishing and Forced Labor Prevention subtitle, which defines the Seafood Import Monitoring Program and authorizes $20,000,000 for each of fiscal years 2023 through 2028.
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“Congressional Record, Senate, September 28, 2022 — Senate.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-09-28-crec-2022-09-28-pt1-pgs5420-378e0e2fb7/
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S5420 CONGRESSIONAL RECORD — SENATE September 28, 2022
(2) An assessment of the cumulative effect SEC. 712. PILOT PROGRAM FOR DIRECTOR OF this Act, the Assistant Secretary of State for
of the efforts described in paragraph (1), in- FEDERAL BUREAU OF INVESTIGA- Intelligence and Research shall submit to
TION TO UNDERTAKE AN EFFORT TO the appropriate committees of Congress an
cluding on the Russian Federation’s stra-
IDENTIFY INTERNATIONAL MOBILE
tegic relationship with the regimes and SUBSCRIBER IDENTITY-CATCHERS
assessment of the findings relating to the
countries described in such paragraph. AND DEVELOP COUNTERMEASURES. events that have been collectively labeled as
(3) A description of the material effect of Section 5725 of the Damon Paul Nelson and ‘‘anomalous health incidents’’.
the sanctions described in subsection (b), in- Matthew Young Pollard Intelligence Author- (c) CONTENTS.—The assessment submitted
cluding the effect of those sanctions on sen- ization Act for Fiscal Years 2018, 2019, and under subsection (b) shall include the fol-
ior leadership, senior military officers, state- 2020 (50 U.S.C. 3024 note; Public Law 116–92) is lowing:
sponsored actors, and other state-affiliated amended— (1) Any diplomatic reporting or other rel-
actors in the Russian Federation that are ei- (1) in subsection (a), in the matter before evant information, including sources and re-
ther directly or incidentally subject to those paragraph (1)— liability of respective sources, on the causa-
sanctions. (A) by striking ‘‘The Director of National tion of anomalous health incidents.
(4) A description of any developments by Intelligence and the Director of the Federal (2) Any diplomatic reporting or other rel-
other countries in creating alternative pay- Bureau of Investigation’’ and inserting ‘‘The evant information, including sources and re-
ment systems as a result of the invasion of Director of the Federal Bureau of Investiga- liability of respective sources, on any person
Ukraine. tion’’; or entity who may be responsible for such in-
(5) A description of efforts by the Russian (B) by inserting ‘‘the Director of National cidents.
Federation to evade sanctions using digital Intelligence,’’ before ‘‘the Under Secretary’’; (3) Detailed plans, including metrics,
assets and a description of any related intel- and timelines, and measurable goals, for the Bu-
ligence gaps. (C) by striking ‘‘Directors determine’’ and reau of Intelligence and Research to under-
(6) An assessment of how countries have inserting ‘‘Director of the Federal Bureau of stand anomalous health incidents and share
assessed the risk of holding reserves in Investigation determines’’; findings with other elements of the intel-
United States dollars since the February 24, (2) by redesignating subsections (b) and (c) ligence community.
---
2022, invasion of Ukraine. as subsections (c) and (d), respectively;
(3) by inserting after subsection (a) the fol-
SA 5951. Mr. SCHATZ submitted an
(7) An assessment of the impact of any gen-
eral licenses issued in relation to the sanc- lowing: amendment intended to be proposed to
tions described in subsection (b), including ‘‘(b) PILOT PROGRAM.— amendment SA 5499 submitted by Mr.
the extent to which authorizations for inter- ‘‘(1) IN GENERAL.—The Director of the Fed- REED (for himself and Mr. INHOFE) and
net-based communications have enabled con- eral Bureau of Investigation, in collabora- intended to be proposed to the bill H.R.
tinued monetization by Russian influence ac- tion with the Director of National Intel- 7900, to authorize appropriations for
tors. ligence, the Under Secretary of Homeland fiscal year 2023 for military activities
Security for Intelligence and Analysis, and of the Department of Defense, for mili-
(d) FORM OF ASSESSMENTS.—Each assess- the heads of such other Federal, State, or
ment submitted under subsection (b) shall be local agencies as the Director of the Federal
tary construction, and for defense ac-
submitted in unclassified form and include a Bureau of Investigation determines appro- tivities of the Department of Energy,
classified annex. priate, and in accordance with applicable law to prescribe military personnel
SEC. 711. ASSESSMENTS AND BRIEFINGS ON IM- and policy, shall conduct a pilot program de- strengths for such fiscal year, and for
PLICATIONS OF FOOD INSECURITY signed to implement subsection (a) with re- other purposes; which was ordered to
THAT MAY RESULT FROM THE RUS- spect to the National Capital Region. lie on the table; as follows:
SIAN FEDERATION’S INVASION OF ‘‘(2) COMMENCEMENT; COMPLETION.—The Di- At the appropriate place, insert the fol-
UKRAINE. rector of the Federal Bureau of Investigation lowing:
(a) DEFINITION OF APPROPRIATE COMMIT- shall— TITLE ll—NATURAL RESOURCES
TEES OF CONGRESS.—In this section, the term
‘‘(A) commence carrying out the pilot pro-
Subtitle A—Illegal Fishing and Forced Labor
gram required by paragraph (1) not later
‘‘appropriate committees of Congress’’ Prevention
than 180 days after the date of the enactment
means— SEC. ll01. DEFINITIONS.
of the Intelligence Authorization Act for Fis-
(1) the congressional intelligence commit- In this subtitle, the following definitions
cal Year 2023; and
tees; apply:
‘‘(B) complete the pilot program not later
(2) the Committee on Foreign Relations (1) OPPRESSIVE CHILD LABOR.—The term
than 2 years after the date on which the Di-
and the Committee on Appropriations of the ‘‘oppressive child labor’’ has the meaning
rector commences carrying out the pilot pro-
Senate; and given such term in section 3 of the Fair
gram under subparagraph (A).’’; and
(3) the Committee on Foreign Affairs and Labor Standards Act of 1938 (29 U.S.C. 203).
(4) in subsection (c), as redesignated by
the Committee on Appropriations of the (2) FORCED LABOR.—The term ‘‘forced
paragraph (2)—
House of Representatives. labor’’ means any labor or service provided
(A) in the matter before paragraph (1), by
(b) ASSESSMENTS.— striking ‘‘Prior’’ and all that follows through for or obtained by any means described in
(1) IN GENERAL.—Not later than 60 days ‘‘Investigation’’ and inserting ‘‘Not later section 1589(a) of title 18, United States
after the date of the enactment of this Act, than 180 days after the date on which the Di- Code.
and annually thereafter for 2 years, the Di- rector of the Federal Bureau of Investigation (3) HUMAN TRAFFICKING.—The term ‘‘human
rector of National Intelligence shall conduct determines that the pilot program required trafficking’’ has the meaning given the term
a comprehensive assessment of the implica- by subsection (b)(1) is operational, the Direc- ‘‘severe forms of trafficking in persons’’ in
tions of food insecurity that may result from tor and the Director of National Intel- section 103 of the Trafficking Victims Pro-
the Russian Federation’s invasion of ligence’’; tection Act of 2000 (22 U.S.C. 7102).
Ukraine. (B) in paragraph (1), by striking ‘‘within (4) ILLEGAL, UNREPORTED, OR UNREGULATED
(2) ELEMENTS.—Each assessment conducted FISHING.—The term ‘‘illegal, unreported, or
the United States’’; and
under paragraph (1) shall address the fol- (C) in paragraph (2), by striking ‘‘by the’’ unregulated fishing’’ has the meaning given
lowing: and inserting ‘‘deployed by the Federal Bu- such term in section 609(e) of the High Seas
(A) The projected timeline for indicators of reau of Investigation and other elements of Driftnet Fishing Moratorium Protection Act
any food insecurity described in paragraph the’’. (16 U.S.C. 1826j(e)).
(1) to manifest. SEC. 713. DEPARTMENT OF STATE BUREAU OF IN-
(5) SEAFOOD.—The term ‘‘seafood’’ means
(B) The potential for political instability TELLIGENCE AND RESEARCH AS- fish meal, and all marine animal and plant
and security crises that may occur as a re- SESSMENT OF ANOMALOUS HEALTH life meant for consumption as food other
sult of any such food insecurity, INCIDENTS. than marine mammals and birds, including
disaggregated by region. (a) APPROPRIATE COMMITTEES OF CONGRESS fish, shellfish, shellfish products, and proc-
(C) Factors that could minimize the poten- DEFINED.—In this section, the term ‘‘appro- essed fish.
tial effects of any such food insecurity on po- priate committees of Congress’’ means— (6) SEAFOOD IMPORT MONITORING PROGRAM.—
litical instability and security described in (1) the congressional intelligence commit- The term ‘‘Seafood Import Monitoring Pro-
subparagraph (B), disaggregated by region. tees; gram’’ means the Seafood Traceability Pro-
(D) Opportunities for the United States to (2) the Committee on Armed Services, the gram established under section 300.324 of
title 50, Code of Federal Regulations.
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prevent or mitigate any such food insecu- Committee on Foreign Relations, and the
rity. Committee on Appropriations of the Senate; (7) SECRETARY.—The term ‘‘Secretary’’
and means the Secretary of Commerce, acting
(c) BRIEFINGS.—Not later than 30 days after (3) the Committee on Armed Services, the through the Administrator of the National
the date on which an assessment conducted Committee on Foreign Affairs, and the Com- Oceanic and Atmospheric Administration.
under subsection (b)(1) is completed, the Di- mittee on Appropriations of the House of SEC. ll01A. AUTHORIZATION OF APPROPRIA-
rector of National Intelligence shall brief the Representatives. TIONS.
appropriate committees of Congress on the (b) ASSESSMENT REQUIRED.—Not later than There is authorized to be appropriated to
findings of the assessment. 90 days after the date of the enactment of the Secretary $20,000,000 for each of fiscal
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5421
years 2023 through 2028 to carry out chapter transshippers, processors, storage facilities, Trafficking Victims Protection Act of 2000
1, chapter 2, and the amendments made by and distributors and the physical address of (22 U.S.C. 7101 et seq.);
those chapters. such facilities; (4) identified as producing goods that con-
CHAPTER 1—COMBATING HUMAN TRAF- (C) maritime mobile service identity num- tain seafood using forced labor or oppressive
FICKING THROUGH SEAFOOD IMPORT ber of harvesting and transshipment vessels; child labor in the most recent List of Goods
MONITORING and Produced by Child Labor or Forced Labor in
SEC. ll02. DEFINITIONS.
(D) beneficial owner of each harvesting and accordance with the Trafficking Victims
transshipment vessel or aquaculture facility, Protection Act of 2000 (22 U.S.C. 7101 et seq.);
In this chapter, the following additional
when applicable; and
definitions apply:
(2) require all importers submitting sea- (5) identified as at risk for human traf-
(1) COMPETENT AUTHORITY.—The term
food import data to require prior notifica- ficking, including forced labor, in their sea-
‘‘competent authority’’ means government
tion and submission of seafood import data food catching and processing industries by
and any third party that meets certain gov-
at least 72 hours and no more than 15 days the report required in section 3563 of the Na-
erning criteria. Such criteria shall be estab-
prior to entry; and tional Defense Authorization Act for Fiscal
lished by regulation, after outreach to key
(3) require verification and certification of Year 2020 (Public Law 116–92).
environmental and labor stakeholders.
harvest information by competent authori- SEC. ll02E. AVAILABILITY OF FISHERIES IN-
(2) UNIQUE VESSEL IDENTIFIER.—The term FORMATION.
ties at all major transfer points in the sup-
‘‘unique vessel identifier’’ means a unique (a) IN GENERAL.—Section 402(b)(1) of the
ply chain, including harvest, landing, proc-
number that stays with a vessel for the dura- Magnuson-Stevens Fishery Conservation and
essing, and transshipment at the time of
tion of the vessel’s life, regardless of changes Management Act (16 U.S.C. 1881a(b)(1)), as
entry.
in flag, ownership, name, or other changes to amended by this Act, is further amended—
(b) FORCED LABOR.—The Secretary, work-
the vessel. (1) by striking ‘‘or’’ after the semicolon at
ing in consultation with the Secretary of
SEC. ll02A. EXPANSION OF SEAFOOD IMPORT the end of subparagraph (G);
Homeland Security, the Secretary of Labor,
MONITORING PROGRAM TO ALL SPE- (2) by striking the period at the end of sub-
CIES. and the Secretary of State, shall, not later
than 1 year after the date of enactment of paragraph (H) and inserting ‘‘; or’’; and
The Secretary shall, not later than 2 years (3) by adding at the end the following:
this Act, complete a regulatory process to
after the date of enactment of this Act, ex- ‘‘(I) to Federal agencies responsible for
establish additional key data elements for
pand the Seafood Import Monitoring Pro- screening of imported seafood and for the
the Seafood Import Monitoring Program,
gram to apply to all seafood and seafood purpose of carrying out the duties under or
that collect information about labor condi-
products imported into the United States. with respect to—
tions in the harvest, transshipment, and
SEC. ll02B. ENHANCEMENT OF SEAFOOD IM- ‘‘(i) the Seafood Import Monitoring Pro-
processing of imported fish and fish prod-
PORT MONITORING PROGRAM AUTO-
ucts. gram;
MATED COMMERCIAL ENVIRON-
MENT MESSAGE SET. (c) INTERNATIONAL FISHERIES TRADE PER- ‘‘(ii) the Antarctic Marine Living Re-
MIT.—Not later than 1 year after the date of sources Program;
The Secretary, in coordination with the
enactment of this Act, the Secretary shall— ‘‘(iii) the Tuna Tracking and Verification
Commissioner of U.S. Customs and Border
(1) publish and maintain on the website of Program;
Protection, shall, not later than 6 months
the National Marine Fisheries Service a list ‘‘(iv) the Atlantic Highly Migratory Spe-
after the date of enactment of this Act, de-
of all current International Fisheries Trade cies International Trade Program;
velop a strategy to improve the quality and
Permit holders, including the name of the ‘‘(v) the List of Goods Produced by Child
verifiability of already collected Seafood Im-
permit holder and expiration date of the per- Labor or Forced Labor in accordance with
port Monitoring Program Message Set data
mit; the Trafficking Victims Protection Act of
elements in the Automated Commercial En-
(2) begin to revoke, modify, or deny 2000 (22 U.S.C. 7101 et seq.);
vironment system that prioritizes the use of
issuance of an International Fisheries Trade ‘‘(vi) the Trafficking in Persons Report re-
enumerated data types, such as checkboxes,
Permit with respect to a permit holder or ap- quired by section 110 of the Trafficking Vic-
dropdown menus, or radio buttons, and any
plicant that has violated any requirement of tims Protection Act of 2000 (22 U.S.C. 7107);
additional elements the Agency finds nec-
section 300.322, 300.323, 300.324, or 300.325 of ‘‘(vii) enforcement activities and regula-
essary, among other options, rather than
title 50, Code of Federal Regulations; and tions authorized under section 307 of the Tar-
open text fields, for—
(3) require an International Fisheries iff Act of 1930 (19 U.S.C. 1307); and
(1) authorization to fish;
Trade Permit for importers. ‘‘(viii) the taking and related acts in com-
(2) unique vessel identifier (if available);
SEC. ll02D. IMPORT AUDITS. mercial fishing operations under section
(3) catch document identifier;
(a) AUDIT PROCEDURES.—The Secretary 216.24 of title 50, Code of Federal Regula-
(4) location of wild-capture harvest and
shall, not later than 1 year after the date of tions;
landing or aquaculture location;
enactment of this Act, implement proce- ‘‘(J) to Federal, State and local agencies
(5) type of fishing gear used to harvest the
dures to audit information and supporting for the purposes of verification and enforce-
fish;
records of sufficient numbers of imports of ment of title II of this Act; or
(6) name of farm or aquaculture facility, if
seafood and seafood products subject to the ‘‘(K) information that pertains to catch
applicable; and
Seafood Import Monitoring Program to sup- documentation and legality of catch, if dis-
(7) location of aquaculture facility, if ap-
port statistically robust conclusions that the closure of that information would not mate-
plicable.
samples audited are representative of all sea- rially damage the value of catch or busi-
SEC. ll02C. ADDITIONAL DATA REQUIREMENTS
FOR SEAFOOD IMPORT MONITORING food imports with respect to a given year. ness.’’.
PROGRAM DATA COLLECTION.
(b) IMPLEMENTATION DEADLINE.—Not later
(b) ANNUAL REVISION.—In developing the
than 1 year after the date of enactment of
(a) IN GENERAL.—Not later than 1 year procedures required in subsection (a), the
this Act, the Secretary shall issue regula-
after date of enactment of this Act, the Sec- Secretary shall, not less frequently than tions implementing the amendments in this
retary shall revise section 300.324 of title 50, once each year, revise such procedures to section.
Code of Federal Regulations, to— prioritize for audit those imports originating SEC. ll02F. REPORT ON SEAFOOD IMPORT MON-
(1) require at the time of entry for im- from countries— ITORING.
ported seafood and seafood products— (1) identified pursuant to sections 609(b) or (a) REPORT TO CONGRESS AND PUBLIC AVAIL-
(A) location of catch or cultivation, includ- 610(a) of the High Seas Driftnet Fishing Mor- ABILITY OF REPORTS.—The Secretary shall,
ing— atorium Protection Act (16 U.S.C. 1826j(b) or not later than 120 days after the end of each
(i) geographic location at a resolution of 1826k(a)) that have not yet received a subse- fiscal year, submit to the Committee on Nat-
not less than 1 degree latitude by 1 degree quent positive certification pursuant to sec- ural Resources of the House of Representa-
longitude; tions 609(d) or 610(c) of such Act, respec- tives and the Committee on Commerce,
(ii) the country code of the International tively; Science, and Transportation of the Senate a
Organization for Standardization if the catch (2) identified by an appropriate regional report that summarizes the National Marine
was within the exclusive economic zone or fishery management organization as being Fisheries Service’s efforts to prevent the im-
territorial waters of a country; the flag state or landing location of vessels portation of seafood harvested through ille-
(iii) if appropriate, the regional fisheries identified by other countries or regional gal, unreported, or unregulated fishing, par-
management organization or organizations fisheries management organizations as en- ticularly with respect to seafood harvested,
having jurisdiction over the catch, if it oc- gaging in illegal, unreported, or unregulated
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produced, processed, or manufactured by
curs within the jurisdiction of any regional fishing; forced labor. Each such report shall be made
fisheries management organization; and (3) identified as having human trafficking, publicly available on the public website of
(iv) the Food and Agriculture Organization including forced labor, in any part of the sea- the National Oceanic and Atmospheric Ad-
major fishing area codes; food supply chain, including on vessels ministration.
(B) electronic reports of chain-of-custody flagged in such country and including feed (b) CONTENTS.—Each report submitted
records that identify, including with unique for cultured production, in the most recent under subsection (a) shall include—
vessel identifiers when applicable, each cus- Trafficking in Persons Report issued by the (1) the volume and value of seafood species
todian of the seafood, including Department of State in accordance with the subject to the Seafood Import Monitoring
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S5422 CONGRESSIONAL RECORD — SENATE September 28, 2022
Program, described in section 300.324 of title a foreign government, or an organization or as amended by this Act, is further amended
50, Code of Federal Regulations, reported by stakeholder group. to read as follows:
10-digit Harmonized Tariff Schedule of the ‘‘(C) Information submitted by the public. ‘‘(d) IUU CERTIFICATION PROCEDURE.—
United States codes, imported during the ‘‘(D) Information submitted to the Sec- ‘‘(1) CERTIFICATION DETERMINATION.—
previous fiscal year; retary under section 402(a) of the Magnuson- ‘‘(A) IN GENERAL.—The Secretary shall es-
(2) the enforcement activities and prior- Stevens Fishery Conservation and Manage- tablish a procedure for certifying whether a
ities of the National Marine Fisheries Serv- ment Act (16 U.S.C. 1881a(a)). nation identified under subsection (b) has
ice with respect to implementing the re- ‘‘(E) Import data collected by the Sec- taken appropriate corrective action with re-
quirements under the Seafood Import Moni- retary pursuant to part 300.324 of title 50, spect to the offending activities identified
toring Program; Code of Federal Regulations. under section (b) that has led to measurable
(3) the percentage of import shipments sub- ‘‘(F) Information compiled from a Federal improvements in the reduction of illegal, un-
ject to this program selected for inspection agency, including, the Coast Guard and agen- reported, or unregulated fishing and any un-
or the information or records supporting cies within the Interagency Working Group derlying regulatory, policy, or practice
entry selected for audit, as described in sec- on Illegal, Unreported, and Unregulated failings or gaps that may have contributed
tion 300.324(d) of title 50, Code of Federal Fishing. to such identification.
Regulations; ‘‘(2) FOR ACTIONS OF A NATION.—The Sec- ‘‘(B) OPPORTUNITY FOR COMMENT.—The Sec-
(4) the number and types of instances of retary shall identify, and list in such report, retary shall ensure that the procedure estab-
noncompliance with the requirements of the a nation engaging in or endorsing illegal, un- lished under subparagraph (A) provides for
Seafood Import Monitoring Program; reported, or unregulated fishing, including notice and an opportunity for comment by
(5) the number and types of instances of the following: the identified nation.
violations of State or Federal law discovered ‘‘(A) Any nation that is failing, or has ‘‘(C) DETERMINATION.—The Secretary shall,
through the Seafood Import Monitoring Pro- failed in the preceding 3-year period, to co- consistent with such procedure, determine
gram; operate with the United States Government and certify to the Congress not later than 90
(6) the seafood species with respect to in providing information about such nation’s days after the date on which the Secretary
which violations described in paragraphs (4) fisheries management and control systems issues a final rule containing the procedure,
and (5) were most prevalent; described in subsection (a). and biennially thereafter—
(7) the location of catch or harvest with re- ‘‘(B) Any nation that is violating, or has ‘‘(i) whether the government of each na-
spect to which violations described in para- tion identified under subsection (b) has pro-
violated at any point during the preceding 3
graphs (4) and (5) were most prevalent; and vided documentary evidence that such na-
years, conservation and management meas-
(8) such other information as the Secretary tion has taken corrective action with respect
ures, including catch and other data report-
considers appropriate with respect to moni- to such identification; or
ing obligations and requirements, required
toring and enforcing compliance with the ‘‘(ii) whether the relevant international
under an international fishery management
Seafood Import Monitoring Program. fishery management organization has taken
agreement.
SEC. ll02G. AUTHORIZATION OF APPROPRIA- corrective action that has ended the illegal,
‘‘(C) Any nation that is failing, or has
TIONS. unreported, or unregulated fishing activity
failed in the preceding 3-year period, to ef-
There is authorized to be appropriated to by vessels of that nation.
fectively address or regulate illegal, unre-
the Commissioner of U.S. Customs and Bor- ‘‘(2) ALTERNATIVE PROCEDURE.—The Sec-
ported, or unregulated fishing within its retary may establish a procedure to author-
der Protection to carry out enforcement ac-
tions pursuant to section 307 of the Tariff fleets in any areas where its vessels are fish- ize, on a shipment-by-shipment, shipper-by-
Act $20,000,000 for each of fiscal years 2023 ing. shipper, or other basis the importation of
through 2027. ‘‘(D) Any nation that fails to discharge du- fish or fish products from a fishery within a
ties incumbent upon it under international nation issued a negative certification under
CHAPTER 2—STRENGTHENING INTER-
law or practice as a flag, port, or coastal paragraph (1) if the Secretary—
NATIONAL FISHERIES MANAGEMENT TO
state to take action to prevent, deter, and ‘‘(A) determines the fishery has not en-
COMBAT HUMAN TRAFFICKING
eliminate illegal, unreported, or unregulated gaged in illegal, unreported, or unregulated
SEC. ll03. IDENTIFICATION AND CERTIFI- fishing.
CATION CRITERIA. fishing under an international fishery man-
‘‘(E) Any nation that provides subsidies agement agreement to which the United
(a) DENIAL OF PORT PRIVILEGES.—Section
that— States is a party;
609 of the High Seas Driftnet Fishing Mora-
‘‘(i) contribute to illegal, unreported, or ‘‘(B) determines the fishery is not identi-
torium Protection Act (16 U.S.C. 1826j), as
unregulated fishing or increased capacity fied by an international fishery management
amended by this Act, is further amended—
and overfishing at proportionally higher organization as participating in illegal, un-
(1) by striking subsections (a) and (b); and
rates than subsidies that promote fishery re- reported, or unregulated fishing activities;
(2) by inserting before subsection (c) the
source conservation and management; or and
following:
‘‘(a) COOPERATION WITH GOVERNMENTS.— ‘‘(ii) that otherwise undermine the effec- ‘‘(C) ensures that any such seafood or sea-
‘‘(1) INFORMATION COLLECTION.—The Sec- tiveness of any international fishery con- food products authorized for entry under this
retary, in consultation with the Secretary of servation program. section are imported consistent with the re-
State, shall engage with each flag, coastal, ‘‘(F) Any nation that has been identified as porting and the recordkeeping requirements
port, and market nation that exports seafood having human trafficking, including forced of Seafood Import Monitoring Program de-
to the United States to collect information labor, in any part of the seafood supply chain scribed in part 300.324(b) of title 50, Code of
sufficient to evaluate the effectiveness of in the most recent Trafficking in Persons Federal Regulations (or any successor regu-
such nation’s management of fisheries and Report issued by the Department of State in lation).
control systems to prevent illegal, unre- accordance with the Trafficking Victims ‘‘(3) EFFECT OF CERTIFICATION DETERMINA-
ported, or unregulated fishing. Protection Act of 2000 (22 U.S.C. 7101 et seq.). TION.—
‘‘(2) RECOMMENDATIONS.—The Secretary, in ‘‘(G) Any nation that has been identified as ‘‘(A) EFFECT OF NEGATIVE CERTIFICATION.—
consultation with the Secretary of State, producing seafood-related goods through The provisions of subsections (a) and (b)(3)
shall provide recommendations to such na- forced labor or oppressive child labor in the and (4) of section 101 of the High Seas
tions to resolve compliance gaps and im- most recent List of Goods Produced by Child Driftnet Fisheries Enforcement Act (16
prove fisheries management and control sys- Labor or Forced Labor in accordance with U.S.C. 1826a(a) and (b)(3) and (4)) shall apply
tems in order to assist such nations in pre- the Trafficking Victims Protection Act of to any nation that, after being identified and
venting illegal, unreported, or unregulated 2000 (22 U.S.C. 7101 et seq.). warned under subsection (b) has failed to
fishing. ‘‘(H) Any nation that has been identified as take the appropriate corrective actions for
‘‘(b) IDENTIFICATION AND WARNING.— at risk for human trafficking, including which the Secretary has issued a negative
‘‘(1) FOR ACTIONS OF A FISHING VESSEL.—The forced labor, in their seafood catching and certification under this subsection.
Secretary shall identify and list in the re- processing industries in the report required ‘‘(B) EFFECT OF POSITIVE CERTIFICATION.—
port required by section 607 a nation if a in section 3563 of the National Defense Au- The provisions of subsections (a) and (b)(3)
fishing vessel of such nation is engaged or thorization Act for Fiscal Year 2020 (Public and (4) of section 101 of the High Seas
has, in the preceding 3 years, engaged in ille- Law 116–92). Driftnet Fisheries Enforcement Act (16
gal, unreported, or unregulated fishing. The ‘‘(3) WARNING.—The Secretary shall issue a U.S.C. 1826a(a) and (b)(3) and (4)) shall not
Secretary shall include all nations that qual- warning to each nation identified under this apply to any nation identified under sub-
ify for identification, regardless of whether subsection.
SSpencer on DSK126QN23PROD with SENATE
section (a) for which the Secretary has
the Secretary has engaged in the process de- ‘‘(4) TIMING.—The Secretary shall make an issued a positive certification under this sub-
scribed in this subsection or under sub- identification under paragraph (1) or (2) at section.’’.
section (a). Any of the following relevant in- any time that the Secretary has sufficient SEC. ll03A. ILLEGAL, UNREPORTED, OR UN-
formation is sufficient to form the basis of information to make such identification.’’. REGULATED FISHING DEFINED.
an identification: (b) ILLEGAL, UNREPORTED, OR UNREGULATED (a) DEFINITION OF ILLEGAL, UNREPORTED, OR
‘‘(A) Compliance reports. CERTIFICATION DETERMINATION.—Section UNREGULATED FISHING IN THE HIGH SEAS
‘‘(B) Data or information from inter- 609(d) of the High Seas Driftnet Fishing Mor- DRIFTNET FISHING MORATORIUM PROTECTION
national fishery management organizations, atorium Protection Act (16 U.S.C. 1826j(d)), ACT.—Section 609(e) of the High Seas
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5423
Driftnet Fishing Moratorium Protection Act ‘‘(2) TIMING.—The Secretary shall make an ‘‘(D) the Convention on International
(16 U.S.C. 1826j(e)), as amended by this Act, identification under paragraph (1) at any Trade in Endangered Species of Wild Fauna
is further amended to read as follows: time that the Secretary has sufficient infor- and Flora, done at Washington March 3, 1973
‘‘(e) ILLEGAL, UNREPORTED, OR UNREGU- mation to make such identification.’’. (27 UST 1087, TIAS 8249); but’’.
LATED FISHING DEFINED.—In this title, the (b) CONSULTATION AND NEGOTIATION.—Sec- SEC. ll03C. REGULATIONS.
term ‘illegal, unreported, or unregulated tion 610(b) of the High Seas Driftnet Fishing Not later than 1 year after the date of en-
fishing’ means any activity set out in para- Moratorium Protection Act (16 U.S.C. actment of this Act, the Secretary shall pro-
graph 3 of the 2001 Food and Agriculture Or- 1826k(b)), as amended by this Act, is further mulgate regulations implementing this
ganization International Plan of Action to amended to read as follows: chapter.
Prevent, Deter and Eliminate Illegal, Unre- ‘‘(b) CONSULTATION AND NEGOTIATION.—The CHAPTER 3—MARITIME AWARENESS
ported, and Unregulated Fishing.’’. Secretary of State, acting in conjunction SEC. ll04. AUTOMATIC IDENTIFICATION SYS-
(b) DEFINITION OF ILLEGAL, UNREPORTED, OR with the Secretary, shall— TEM REQUIREMENTS.
UNREGULATED FISHING IN THE MAGNUSON-STE-
‘‘(1) notify, as soon as possible, the Presi- (a) REQUIREMENT FOR FISHING VESSELS TO
VENS FISHERY CONSERVATION AND MANAGE-
dent, nations that have been identified under HAVE AUTOMATIC IDENTIFICATION SYSTEMS.—
MENT ACT.—Section 3 of the Magnuson-Ste-
subsection (a), and other nations whose ves- Section 70114(a)(1) of title 46, United States
vens Fishery Conservation and Management
sels engage in fishing activities or practices Code, is amended—
Act (16 U.S.C. 1802) is amended by adding at
described in subsection (a), about the provi- (1) by striking ‘‘, while operating on the
the end the following:
sions of this Act; navigable waters of the United States,’’
‘‘(51) The term ‘illegal, unreported, or un-
‘‘(2) initiate discussions as soon as possible (2) by redesignating subparagraphs (A)
regulated fishing’ means any activity set out
with all foreign countries which are engaged through (D) as clauses (i) through (iv);
in paragraph 3 of the 2001 Food and Agri-
in, or a fishing vessel of which has engaged (3) by inserting before clauses (i) through
culture Organization International Plan of
in, fishing activities described in subsection (iv), as redesignated by paragraph (2), the
Action to Prevent, Deter and Eliminate Ille-
(a), for the purpose of entering into bilateral following:
gal, Unreported, and Unregulated Fishing.’’.
(c) RULE OF CONSTRUCTION.—In construing and multilateral treaties with such countries ‘‘(A) While operating on the navigable
the term ‘‘illegal, unreported, or unregulated to protect such species and to address any waters of the United States:’’; and
fishing’’ for purposes of the High Seas underlying failings or gaps that may have (4) by adding at the end the following:
Driftnet Fishing Moratorium Protection Act contributed to identification under this Act; ‘‘(B) A vessel of the United States that is
and the Magnuson-Stevens Fishery Con- ‘‘(3) seek agreements calling for inter- more than 65 feet overall in length, while en-
servation and Management Act, the Sec- national restrictions on fishing activities or gaged in fishing, fish processing, or fish ten-
retary shall follow internationally recog- practices described in subsection (a) through dering operations on the navigable waters of
nized labor rights stated in the International the United Nations, the Food and Agri- the United States or in the United States ex-
Labour Organization Declaration on Funda- culture Organization’s Committee on Fish- clusive economic zone.’’.
mental Principles and Rights at Work and eries, and appropriate international fishery (b) AUTHORIZATION OF APPROPRIATIONS.—
its Follow-Up (1998), including— management bodies; and There is authorized to be appropriated to the
(1) freedom of association and the effective ‘‘(4) initiate the amendment of any exist- Secretary of Commerce for fiscal year 2023,
recognition of the right to collective bar- ing international treaty for the protection $5,000,000, to remain available until ex-
gaining; and conservation of such species to which pended, to purchase automatic identification
(2) the elimination of all forms of forced or the United States is a party in order to make systems for fishing vessels, fish processing
compulsory labor; such treaty consistent with the purposes and vessels, fish tender vessels more than 50 feet
(3) the effective abolition of oppressive policies of this section.’’. in length, as described under this subtitle
child labor, a prohibition on the worst forms (c) CONSERVATION CERTIFICATION PROCE- and the amendments made by this subtitle.
of child labor, and other labor protections DURE.—Section 610(c) of the High Seas Subtitle B—Driftnet Modernization and
for children and minors; Driftnet Fishing Moratorium Protection Act Bycatch Reduction
(4) the elimination of discrimination in re- (16 U.S.C. 1826k(c)), as amended by this Act, SEC. ll12. DEFINITION.
spect of employment and occupation; and is further amended— Section 3(25) of the Magnuson-Stevens
(5) acceptable conditions of work with re- (1) in subparagraph (A) of paragraph (1), by Fishery Conservation and Management Act
spect to minimum wages, hours of work, and striking ‘‘, taking into account different con- (16 U.S.C. 1802(25)) is amended by inserting ‘‘,
occupational safety and health. ditions,’’; or with a mesh size of 14 inches or greater,’’
SEC. ll03B. EQUIVALENT CONSERVATION MEAS- (2) in paragraph (2), by inserting ‘‘the pub- after ‘‘more’’.
URES. lic and’’ after ‘‘comment by’’; SEC. ll12A. FINDINGS AND POLICY.
(a) IDENTIFICATION.—Section 610(a) of the (3) in paragraph (4)— (a) FINDINGS.—Section 206(b) of the Magnu-
High Seas Driftnet Fishing Moratorium Pro- (A) in subparagraph (A), by striking ‘‘, tak- son-Stevens Fishery Conservation and Man-
tection Act (16 U.S.C. 1826k(a)), as amended ing into account different conditions’’; agement Act (16 U.S.C. 1826(b)) is amended—
by this Act, is further amended to read as (B) in subparagraph (B), by striking the pe- (1) in paragraph (6), by striking ‘‘and’’ at
follows: riod at the end and inserting ‘‘; and’’; and the end;
‘‘(a) IDENTIFICATION.— (C) by adding at the end the following: (2) in paragraph (7), by striking the period
‘‘(1) IN GENERAL.—The Secretary shall iden- ‘‘(C) ensures that any such fish or fish and inserting ‘‘; and’’; and
tify and list in the report under section 607— products authorized for entry under this sec- (3) by adding at the end the following:
‘‘(A) a nation if— tion are imported consistent with the report- ‘‘(8) within the exclusive economic zone,
‘‘(i) any fishing vessel of that country is ing and the recordkeeping requirements of large-scale driftnet fishing that deploys nets
engaged, or has been engaged during the pre- the Seafood Import Monitoring Program es- with large mesh sizes causes significant en-
ceding 3 years in fishing activities or prac- tablished by part 300.324(b) of title 50, Code of tanglement and mortality of living marine
tices on the high seas or within the exclusive Federal Regulations (or any successor regu- resources, including myriad protected spe-
economic zone of any country, that have re- lations).’’; and cies, despite limitations on the lengths of
sulted in bycatch of a protected living ma- (4) in paragraph (5), by striking ‘‘(except to such nets.’’.
rine resource; and the extent that such provisions apply to (b) POLICY.—Section 206(c) of the Magnu-
‘‘(ii) the vessel’s flag state has not adopted, sport fishing equipment or fish or fish prod- son-Stevens Fishery Conservation and Man-
implemented, and enforced a regulatory pro- ucts not caught by the vessels engaged in il- agement Act (16 U.S.C. 1826(c)) is amended—
gram governing such fishing designed to end legal, unreported, or unregulated fishing)’’. (1) in paragraph (2), by striking ‘‘and’’ at
or reduce such bycatch that is comparable to (d) DEFINITION OF PROTECTED LIVING MA- the end;
the regulatory program of the United States; RINE RESOURCE.—Section 610(e) of the High (2) in paragraph (3), by striking the period
and Seas Driftnet Fishing Moratorium Protec- and inserting ‘‘; and’’; and
‘‘(B) a nation if— tion Act (16 U.S.C. 1826k(e)), as amended by (3) by adding at the end the following:
‘‘(i) any fishing vessel of that country is this Act, is further amended by striking ‘‘(4) prioritize the phase-out of large-scale
engaged, or has engaged during the preceding paragraph (1) and inserting the following: driftnet fishing in the exclusive economic
3 years, in fishing activities on the high sees ‘‘(1) except as provided in paragraph (2), zone and promote the development and adop-
or within the exclusive economic zone of an- means nontarget fish, sea turtles, seabirds, tion of alternative fishing methods and gear
other country that target or incidentally or marine mammals that are protected under types that minimize the incidental catch of
catch sharks; and United States law or international agree- living marine resources.’’.
SSpencer on DSK126QN23PROD with SENATE
‘‘(ii) the vessel’s flag state has not adopted, ment, including— SEC. ll12B. TRANSITION PROGRAM.
implemented, and enforced a regulatory pro- ‘‘(A) the Marine Mammal Protection Act of Section 206 of the Magnuson-Stevens Fish-
gram to provide for the conservation of 1972 (16 U.S.C. 1361 et seq.); ery Conservation and Management Act (16
sharks, including measures to prohibit re- ‘‘(B) the Endangered Species Act of 1973 (16 U.S.C. 1826) is amended by adding at the end
moval of any of the fins of a shark, including U.S.C. 1531 et seq.); the following:
the tail, before landing the shark in port ‘‘(C) the Shark Finning Prohibition Act (16 ‘‘(i) FISHING GEAR TRANSITION PROGRAM.—
that is comparable to that of the United U.S.C. 1822 note), including amendments ‘‘(1) IN GENERAL.—During the 5-year period
States. made by that Act; and beginning on the date of enactment of this
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S5424 CONGRESSIONAL RECORD — SENATE September 28, 2022
subsection, the Secretary shall conduct a Subtitle C—Marine Mammal Research and under paragraphs (3) or (4) of subsection (b)
transition program to facilitate the phase- Response or subsection (c), available to researchers,
out of large-scale driftnet fishing and adop- SEC. ll13. DATA COLLECTION AND DISSEMINA- stranding network participants, and the pub-
tion of alternative fishing practices that TION. lic—
minimize the incidental catch of living ma- Section 402 of the Marine Mammal Protec- ‘‘(A) to improve real-time coordination of
rine resources, and shall award grants to eli- tion Act of 1972 (16 U.S.C. 1421a) is amended— response to stranding and entanglement
gible permit holders who participate in the (1) in subsection (b)— events across geographic areas and between
program. (A) in paragraph (1)(A), by inserting ‘‘or stranding coordinators;
‘‘(2) PERMISSIBLE USES.—Any permit holder entangled’’ after ‘‘stranded’’; ‘‘(B) to identify and quickly disseminate
receiving a grant under paragraph (1) may (B) in paragraph (3)— information on potential public health risks;
use such funds only for the purpose of cov- (i) by striking ‘‘strandings,’’ and inserting ‘‘(C) to facilitate integrated interdiscipli-
ering— ‘‘strandings and entanglements, including nary research;
‘‘(A) any fee originally associated with a unusual mortality events,’’; ‘‘(D) to facilitate peer-reviewed publica-
permit authorizing participation in a large- (ii) by inserting ‘‘stranding’’ before ‘‘re- tions;
scale driftnet fishery, if such permit is sur- gion’’; and ‘‘(E) to archive regional data into 1 na-
rendered for permanent revocation, and such (iii) by striking ‘‘marine mammals; and’’ tional database for future analyses; and
permit holder relinquishes any claim associ- and inserting ‘‘marine mammals and entan- ‘‘(F) for education and outreach activities.
ated with the permit; gled marine mammals to allow comparison ‘‘(2) ACCESS TO DATA.—The Secretary shall
‘‘(B) a forfeiture of fishing gear associated of the causes of illness and deaths in strand- ensure that any data or metadata collected
with a permit described in subparagraph (A); ed marine mammals and entangled marine under subsection (c)—
or mammals with physical, chemical, and bio- ‘‘(A) by staff of the National Oceanic and
‘‘(C) the purchase of alternative gear with logical environmental parameters; and’’; and Atmospheric Administration that responded
minimal incidental catch of living marine (C) in paragraph (4), by striking ‘‘analyses, directly to a stranding or entanglement
resources, if the fishery participant is au- that would allow comparison of the causes of event is available to the public through the
thorized to continue fishing using such alter- illness and deaths in stranded marine mam- Health MAP and the Observation System not
native gears. mals with physical, chemical, and biological later than 30 days after that data or
‘‘(3) CERTIFICATION.—The Secretary shall environmental parameters.’’ and inserting metadata is collected by, available to, or re-
certify that, with respect to each participant ‘‘analyses.’’; and ported to the Secretary; and
in the program under this subsection, any (2) by striking subsection (c) and inserting ‘‘(B) by a stranding network participant
permit authorizing participation in a large- the following: that responded directly to a stranding or en-
scale driftnet fishery has been permanently ‘‘(c) INFORMATION REQUIRED TO BE SUB- tanglement event is made available to the
revoked and that no new permits will be MITTED AND COLLECTED.— public through the Health MAP and the Ob-
issued to authorize such fishing.’’. ‘‘(1) IN GENERAL.—After each response to a servation System not later than 2 years after
SEC. ll12C. EXCEPTION. stranding or entanglement event, the Sec- the date on which that data is submitted to
Section 307(1)(M) of the Magnuson-Stevens retary shall collect (including from any staff the Secretary under subsection (c).
Fishery Conservation and Management Act of the National Oceanic and Atmospheric Ad- ‘‘(3) EXCEPTIONS.—
(16 U.S.C. 1857(1)(M)) is amended by inserting ministration that respond directly to such ‘‘(A) WRITTEN RELEASE.—Notwithstanding
before the semicolon the following: ‘‘, unless an event), and shall require each stranding paragraph (2)(B), the Secretary may make
such large-scale driftnet fishing— network participant who responds to that data described in paragraph (2)(B) publicly
‘‘(i) deploys, within the exclusive economic stranding or entanglement to submit to the available earlier than 2 years after the date
zone, a net with a total length of less than Administrator of the National Oceanic and on which that data is submitted to the Sec-
2 ⁄2 kilometers and a mesh size of 14 inches or
1
Atmospheric Administration— retary under subsection (c), if the stranding
greater; and ‘‘(A) data on the stranding event, including network participant has completed a written
‘‘(ii) is conducted not later than 5 years NOAA Form 89–864 (OMB #0648–0178), NOAA release stating that such data may be made
after the date of enactment of this clause.’’. Form 89–878 (OMB #0648–0178), similar suc- publicly available.
SEC. ll12D. FEES. cessor forms, or similar information in an ‘‘(B) LAW ENFORCEMENT.—Notwithstanding
(a) IN GENERAL.—The North Pacific Fish- appropriate format required by the United paragraph (2), the Secretary may withhold
ery Management Council may recommend, States Fish and Wildlife Service for species data for a longer period than the period of
and the Secretary of Commerce may ap- under its management authority; time described in paragraph (2) in the event
prove, regulations necessary for the collec- ‘‘(B) supplemental data to the data de- of a law enforcement action or legal action
tion of fees from charter vessel operators scribed in subparagraph (A), which may in- that may be related to that data.
who guide recreational anglers who harvest clude, as available, relevant information ‘‘(e) STANDARDS.—The Secretary, in con-
Pacific halibut in International Pacific Hal- about— sultation with the marine mammal strand-
ibut Commission regulatory areas 2C and 3A ‘‘(i) weather and tide conditions; ing community, shall—
as those terms are defined in part 300 of title ‘‘(ii) offshore human, predator, or prey ac- ‘‘(1) make publicly available guidance
50, Code of Federal Regulations (or any suc- tivity; about uniform data and metadata standards
cessor regulations). ‘‘(iii) morphometrics; to ensure that data collected in accordance
(b) USE OF FEES.—Any fees collected under ‘‘(iv) behavior; with this section can be archived in a form
this section shall be available for the pur- ‘‘(v) health assessments; that is readily accessible and understandable
poses of— ‘‘(vi) life history samples; or to the public through the Health MAP and
(1) financing administrative costs of the ‘‘(vii) stomach and intestinal contents; and the Observation System; and
Recreational Quota Entity program; ‘‘(C) data and results from laboratory anal- ‘‘(2) periodically update such guidance.
(2) the purchase of halibut quota shares in ysis of tissues, which may include, as appro- ‘‘(f) MANAGEMENT POLICY.—In collabora-
International Pacific Halibut Commission priate and available— tion with the regional stranding networks,
regulatory areas 2C and 3A by the rec- ‘‘(i) histopathology; the Secretary shall develop, and periodically
reational quota entity authorized in part 679 ‘‘(ii) toxicology; update, a data management and public out-
of title 50, Code of Federal Regulations (or ‘‘(iii) microbiology; reach collaboration policy for stranding or
any successor regulations); ‘‘(iv) virology; or entanglement events.’’.
(3) halibut conservation and research; and ‘‘(v) parasitology. SEC. ll13A. STRANDING OR ENTANGLEMENT
(4) promotion of the halibut resource by ‘‘(2) TIMELINE.—A stranding network par- RESPONSE AGREEMENTS.
the recreational quota entity authorized in ticipant shall submit— (a) IN GENERAL.—Section 403 of the Marine
part 679 of title 50, Code of Federal Regula- ‘‘(A) the data described in paragraph (1)(A) Mammal Protection Act of 1972 (16 U.S.C.
tions (or any successor regulations). not later than 30 days after the date of a re- 1421b) is amended—
(c) LIMITATION ON COLLECTION AND AVAIL- sponse to a stranding or entanglement event; (1) in the section heading by inserting ‘‘OR
ABILITY.—Fees shall be collected and avail- ‘‘(B) the compiled data described in para- ENTANGLEMENT’’ before ‘‘RESPONSE’’;
able pursuant to this section only to the ex- graph (1)(B) not later than 30 days after the (2) in subsection (a), by striking the period
tent and in such amounts as provided in ad- date on which the data is available to the at the end and inserting ‘‘or entanglement.’’;
vance in appropriations Acts, subject to sub- stranding network participant; and and
section (d). ‘‘(C) the compiled data described in para- (3) in subsection (b)—
SSpencer on DSK126QN23PROD with SENATE
(d) FEE COLLECTED DURING START-UP PE- graph (1)(C) not later than 30 days after the (A) in paragraph (1), by striking ‘‘and’’
RIOD.—Notwithstanding subsection (c), fees date on which the laboratory analysis has after the semicolon;
may be collected through the date of enact- been reported to the stranding network par- (B) in paragraph (2), by striking the period
ment of an Act making appropriations for ticipant. at the end and inserting ‘‘; and’’; and
the activities authorized under this title ‘‘(d) AVAILABILITY OF DATA.— (C) by adding at the end the following:
through September 30, 2023, and shall be ‘‘(1) IN GENERAL.—The Secretary shall de- ‘‘(3) include a description of the data man-
available for obligation and remain available velop a program to make information, in- agement and public outreach policy estab-
until expended. cluding any data and metadata collected lished under section 402(f).’’.
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5425
(b) TABLE OF CONTENTS AMENDMENT.—The (3) by redesignating subsection (e) as sub- ‘‘(A) IN GENERAL.—The Secretary shall en-
table of contents in the first section of the section (f); and sure, to the extent practicable, that funds
Marine Mammal Protection Act of 1972 (Pub- (4) by inserting before subsection (f), as re- awarded under the grant program are dis-
lic Law 92–522; 86 Stat. 1027) is amended by designated by paragraph (3), the following: tributed equitably among the stranding re-
striking the item related to section 403 and ‘‘(a) DEFINITIONS.—In this section: gions.
inserting the following: ‘‘(1) EMERGENCY ASSISTANCE.— ‘‘(B) CONSIDERATIONS.—In determining pri-
‘‘Sec. 403. Stranding or entanglement re- ‘‘(A) IN GENERAL.—The term ‘emergency orities among the stranding regions under
sponse agreements.’’. assistance’ means— this paragraph, the Secretary may con-
‘‘(i) financial assistance provided to re- sider—
SEC. ll13B. UNUSUAL MORTALITY EVENT AC-
TIVITY FUNDING. spond to, or that results from, a stranding ‘‘(i) equitable distribution within the
Section 405 the Marine Mammal Protec- event or entanglement event that— stranding regions, including the subregions
‘‘(I) causes an immediate increase in the (including the Gulf of Mexico);
tion Act of 1972 (16 U.S.C. 1421d) is amended—
cost of a response, recovery, or rehabilita- ‘‘(ii) any episodic stranding, entanglement,
(1) by striking subsection (b) and inserting
tion that is greater than the usual cost of a or mortality events, except for unusual mor-
the following:
‘‘(b) USES.—Amounts in the Fund— response, recovery, or rehabilitation; tality events, that occurred in any stranding
‘‘(II) is cyclical or endemic; or region in the preceding year;
‘‘(1) shall be available only for use by the
‘‘(III) involves a marine mammal that is ‘‘(iii) any data with respect to average an-
Secretary, in consultation with the Sec-
out of the normal range for that marine nual stranding, entanglements, and mor-
retary of the Interior, and dispersed among
mammal; or tality events per stranding region;
claimants based on budgets approved by the
‘‘(ii) financial assistance provided to re- ‘‘(iv) the size of the marine mammal popu-
Secretary prior to expenditure—
spond to, or that results from, a stranding lations inhabiting a stranding region;
‘‘(A) to make advance, partial, or progress
event or an entanglement event that the ap- ‘‘(v) the importance of the region’s marine
payments under contracts or other funding
propriate Secretary or State or Tribal gov- mammal populations to the well-being of in-
mechanisms for property, supplies, salaries,
ernment considers to be an emergency. digenous communities; and
services, and travel costs incurred in acting
‘‘(B) EXCLUSIONS.—The term ‘emergency ‘‘(vi) the conservation of protected, de-
in accordance with the contingency plan assistance’ does not include financial assist-
issued under section 404(b) or under the di- pleted, threatened, or endangered marine
ance to respond to an unusual mortality mammal species.
rection of an Onsite Coordinator for an un- event.
usual mortality event designated under sec- ‘‘(C) STRANDINGS.—For the purposes of the
‘‘(2) SECRETARY.—The term ‘Secretary’ has grant program, priority is to be given to ap-
tion 404(a)(2)(B)(iii); the meaning given that term in section
‘‘(B) for reimbursing any stranding net- plications focusing on marine mammal
3(12)(A).
work participant for costs incurred in the strandings.
‘‘(3) STRANDING REGION.—The term ‘strand-
collection, preparation, analysis, and trans- ‘‘(5) APPLICATION.—To be eligible for a
ing region’ means a geographic region des-
portation of marine mammal tissues and grant under the grant program, a stranding
ignated by the applicable Secretary for pur-
samples collected with respect to an unusual network participant shall—
poses of administration of this title.
mortality event for the Tissue Bank; and ‘‘(b) JOHN H. PRESCOTT MARINE MAMMAL ‘‘(A) submit an application in such form
‘‘(C) for the care and maintenance of a ma- RESCUE AND RESPONSE GRANT PROGRAM.— and manner as the applicable Secretary pre-
rine mammal seized under section ‘‘(1) IN GENERAL.—Subject to the avail- scribes; and
104(c)(2)(D); and ability of appropriations or other funding, ‘‘(B) be in compliance with the data report-
‘‘(2) shall remain available until ex- the applicable Secretary shall carry out a ing requirements under section 402(d) and
pended.’’; and grant program, to be known as the ‘John H. any applicable reporting requirements of the
(2) in subsection (c)— Prescott Marine Mammal Rescue and Re- United States Fish and Wildlife Service for
(A) in paragraph (2), by striking ‘‘and’’ at sponse Grant Program’ (referred to in this species under its management jurisdiction.
the end; section as the ‘grant program’), to award ‘‘(6) GRANT CRITERIA.—The Secretary shall,
(B) in paragraph (3), by striking the period grants to eligible stranding network partici- in consultation with the Marine Mammal
at the end and inserting a semicolon; and pants or stranding network collaborators, as Commission, a representative from each of
(C) by adding at the end the following: described in this subsection. the stranding regions, and other individuals
‘‘(4) not more than $250,000 per year, as de- ‘‘(2) PURPOSES.—The purposes of the grant who represent public and private organiza-
termined by the Secretary of Commerce, program are to provide for— tions that are actively involved in rescue, re-
from sums collected as fines, penalties, or ‘‘(A) the recovery, care, or treatment of habilitation, release, scientific research, ma-
forfeitures of property by the Secretary of sick, injured, or entangled marine mammals; rine conservation, and forensic science with
Commerce for violations of any provision of ‘‘(B) responses to marine mammal strand- respect to stranded marine mammals under
this Act; and ing events that require emergency assist- that Department’s jurisdiction, develop cri-
‘‘(5) sums received from emergency dec- ance; teria for awarding grants under their respec-
laration grants for marine mammal con- ‘‘(C) the collection of data and samples tive grant programs.
servation.’’. from living or dead stranded marine mam- ‘‘(7) LIMITATIONS.—
SEC. ll13C. LIABILITY. mals for scientific research or assessments ‘‘(A) MAXIMUM GRANT AMOUNT.—No grant
Section 406(a) of the Marine Mammal Pro- regarding marine mammal health; made under the grant program for a single
tection Act of 1972 (16 U.S.C. 1421e(a)) is ‘‘(D) facility operating costs that are di- award may exceed $150,000 in any 12-month
amended, in the matter preceding paragraph rectly related to activities described in sub- period.
(1)— paragraph (A), (B), or (C); and ‘‘(B) UNEXPENDED FUNDS.—Any funds that
(1) by inserting ‘‘or entanglement’’ after ‘‘(E) development of stranding network ca- have been awarded under the grant program
‘‘to a stranding’’; and pacity, including training for emergency re- but that are unexpended at the end of the 12-
(2) by striking ‘‘government’’ and inserting sponse, where facilities do not exist or are month period described in subparagraph (A)
‘‘Government’’. sparse. shall remain available until expended.
SEC. ll13D. NATIONAL MARINE MAMMAL TIS- ‘‘(3) CONTRACT, GRANT, AND COOPERATIVE ‘‘(8) ADMINISTRATIVE COSTS AND EX-
SUE BANK AND TISSUE ANALYSIS. AGREEMENT AUTHORITY.— PENSES.—The Secretary’s administrative
Section 407 of the Marine Mammal Protec- ‘‘(A) IN GENERAL.—The applicable Sec- costs and expenses related to reviewing and
tion Act of 1972 (16 U.S.C. 1421f) is amended— retary may enter into a contract, grant, or awarding grants under the grant program, in
(1) in subsection (c)(2)(A), by striking ‘‘the cooperative agreement with any eligible any fiscal year may not exceed the greater
health of marine mammals and’’ and insert- stranding network participant or stranding of—
ing ‘‘marine mammal health and mortality network collaborator, as the Secretary de- ‘‘(A) 6 percent of the amounts made avail-
and the health of’’; and termines to be appropriate, for the purposes able each fiscal year to carry out the grant
(2) in subsection (d), in the matter pre- described in paragraph (2). program; or
ceding paragraph (1), by inserting ‘‘public’’ ‘‘(B) EMERGENCY AWARD FLEXIBILITY.—Fol- ‘‘(B) $80,000.
before ‘‘access’’. lowing a request for emergency award flexi- ‘‘(9) TRANSPARENCY.—The Secretary shall
SEC. ll13E. MARINE MAMMAL RESCUE AND RE- bility and analysis of the merits of and ne- make publicly available a list of grant pro-
SPONSE GRANT PROGRAM AND cessity for such a request, the applicable posals for the upcoming fiscal year, funded
RAPID RESPONSE FUND. Secretary may— grants, and requests for grant flexibility
(a) IN GENERAL.—Section 408 of the Marine ‘‘(i) amend any contract, grant, or coopera- under this subsection.
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Mammal Protection Act of 1972 (16 U.S.C. tive agreement entered into under this para- ‘‘(c) JOSEPH R. GERACI MARINE MAMMAL
1421f–1) is amended— graph, including provisions concerning the RESCUE AND RAPID RESPONSE FUND.—
(1) by striking the section heading and in- period of performance; or ‘‘(1) IN GENERAL.—There is established in
serting ‘‘MARINE MAMMAL RESCUE AND RE- ‘‘(ii) waive the requirements under sub- the Treasury of the United States an inter-
SPONSE GRANT PROGRAM AND RAPID RESPONSE section (f) for grant applications submitted est-bearing fund, to be known as the ‘Joseph
FUND’’; during the provision of emergency assist- R. Geraci Marine Mammal Rescue and Rapid
(2) by striking subsections (a) through (d) ance. Response Fund’ (referred to in this section as
and subsections (f) through (h); ‘‘(4) EQUITABLE DISTRIBUTION OF FUNDS.— the ‘Rapid Response Fund’).
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S5426 CONGRESSIONAL RECORD — SENATE September 28, 2022
‘‘(2) USE OF FUNDS.—Amounts in the Rapid ‘‘(E) improved collaboration and fore- ‘‘(1) the Committee on Commerce, Science,
Response Fund shall be available only for casting of marine mammal and larger eco- and Transportation of the Senate; and
use by the Secretary to provide emergency system health events; ‘‘(2) the Committee on Natural Resources
assistance. ‘‘(F) rapid communication and dissemina- of the House of Representatives.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— tion of information regarding marine mam- ‘‘(b) HEALTH MAP STATUS REPORT.—
‘‘(1) IN GENERAL.— mal strandings that may have implications ‘‘(1) IN GENERAL.—Not later than 2 year
‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— for human health, such as those caused by after the date of enactment of this section,
There is authorized to be appropriated to harmful algal blooms; and the Administrator of the National Oceanic
carry out the grant program $7,000,000 for ‘‘(G) increased accessibility of data in a and Atmospheric Administration, in con-
each of fiscal years 2021 through 2026, to re- user friendly visual interface for public edu- sultation with the Marine Mammal Commis-
main available until expended, of which for cation and outreach; and sion, the Secretary of the Interior, and the
each fiscal year— ‘‘(2) to contribute to an ocean health index National Ocean Research Leadership Coun-
‘‘(i) $6,000,000 is authorized to be appro- that incorporates marine mammal health cil, shall submit to the appropriate commit-
priated to the Secretary of Commerce; and data. tees of Congress a report describing the sta-
‘‘(ii) $1,000,000 is authorized to be appro- ‘‘(c) REQUIREMENTS.—The Health MAP tus of the Health MAP.
priated to the Secretary of the Interior. shall— ‘‘(2) REQUIREMENTS.—The report under
‘‘(B) DERIVATION OF FUNDS.—Funds to carry ‘‘(1) integrate in situ, remote, and other paragraph (1) shall include—
out the activities under this section shall be marine mammal health, stranding, and mor- ‘‘(A) a detailed evaluation of the data made
derived from amounts authorized to be ap- tality data, including visualizations and publicly available through the Health MAP;
propriated pursuant to subparagraph (A) metadata, collected by marine mammal ‘‘(B) a detailed list of any gaps in data col-
that are enacted after the date of enactment stranding networks, Federal, State, local, lected pursuant to the Health MAP, a de-
of this subsection. territorial, and Tribal governments, private scription of the reasons for those gaps, and
‘‘(2) JOSEPH R. GERACI MARINE MAMMAL RES- partners, and academia; and recommended actions to close those gaps;
CUE AND RAPID RESPONSE FUND.—There is au- ‘‘(2) be designed— ‘‘(C) an analysis of the effectiveness of
thorized to be appropriated to the Rapid Re- ‘‘(A) to enhance data and information using the website of the Observation System
sponse Fund $500,000 for each of fiscal years availability, including data sharing among as the platform to collect, organize, vis-
2022 through 2026. stranding network participants, scientists, ualize, archive, and disseminate marine
‘‘(e) ACCEPTANCE OF DONATIONS.—For the and the public within and across stranding mammal stranding and health data;
purposes of carrying out this section, the network regions; ‘‘(D) a list of publications, presentations,
Secretary may solicit, accept, receive, hold, ‘‘(B) to facilitate data and information ac- or other relevant work product resulting
administer, and use gifts, devises, and be- cess across scientific disciplines, scientists, from, or produced in collaboration with, the
quests without any further approval or ad- and managers; Health MAP;
ministrative action.’’. ‘‘(C) to facilitate public access to national ‘‘(E) a description of emerging marine
(b) TABLE OF CONTENTS AMENDMENT.—The mammal health concerns and the applica-
and regional marine mammal health, strand-
table of contents in the first section of the bility of those concerns to human health;
ing, entanglement, and mortality data, in-
Marine Mammal Protection Act of 1972 (Pub- ‘‘(F) an analysis of the feasibility of the
cluding visualizations and metadata,
lic Law 92–522) is further amended by strik- Observation System being used as an alert
through the national and regional data por-
ing the item related to section 408 and in- system during stranding events, entangle-
tals of the Observation System; and
serting the following: ment events, and unusual mortality events
‘‘(D) in collaboration with, and with input
‘‘Sec. 408. Marine Mammal Rescue and Re- for the stranding network, Observation Sys-
from, States and stranding network partici-
sponse Grant Program and tem partners, Health MAP partners, Federal
pants.
Rapid Response Fund.’’. and State agencies, and local, territorial,
‘‘(d) PROCEDURES AND GUIDELINES.—The
SEC. ll13F. HEALTH MAP. and Tribal governments;
Secretary shall establish and implement
(a) IN GENERAL.—Title IV of the Marine ‘‘(G) an evaluation of the use of Health
policies, protocols, and standards for—
Mammal Protection Act of 1972 (16 U.S.C. MAP data to predict broader ecosystem
‘‘(1) reporting marine mammal health data
1421 et seq.) is amended by inserting after events and changes that may impact marine
collected by stranding networks consistent
section 408 the following: mammal or human health and specific exam-
with subsections (c) and (d) of section 402;
‘‘SEC. 408A. MARINE MAMMAL HEALTH MONI- ples of proven or potential uses of Observa-
‘‘(2) promptly transmitting health data
TORING AND ANALYSIS PLATFORM tion System data for those purposes; and
from the stranding networks and other ap-
(HEALTH MAP). ‘‘(H) recommendations for the Health MAP
propriate data providers to the Health MAP;
‘‘(a) IN GENERAL.—Not later than 1 year with respect to—
‘‘(3) disseminating and making publicly
after the date of enactment of this section, ‘‘(i) filling any identified data gaps;
available data on marine mammal health,
the Secretary, acting through the Adminis- ‘‘(ii) standards that could be used to im-
stranding, entanglement, and mortality data
trator of the National Oceanic and Atmos- prove data quality, accessibility, trans-
in a timely and sustained manner; and
pheric Administration, in consultation with mission, interoperability, and sharing;
‘‘(4) integrating additional marine mam-
the Secretary of the Interior and the Marine ‘‘(iii) any other strategies that would con-
mal health, stranding, or other relevant data
Mammal Commission, shall— tribute to the effectiveness and usefulness of
as the Secretary determines appropriate.
‘‘(1) establish a marine mammal health the Health MAP; and
‘‘(e) CONSULTATION.—The Administrator of
monitoring and analysis platform (referred ‘‘(iv) the funding levels needed to maintain
the National Oceanic and Atmospheric Ad-
to in this Act as the ‘Health MAP’); and improve the Health MAP.
ministration shall maintain and update the ‘‘(c) DATA GAP ANALYSIS.—
‘‘(2) incorporate the Health MAP into the
Health MAP in consultation with the Sec- ‘‘(1) IN GENERAL.—Not later than 5 years
Observation System; and
retary of the Interior and the Marine Mam- after the date on which the report required
‘‘(3) make the Health MAP—
mal Commission. under subsection (b)(1) is submitted, and
‘‘(A) publicly accessible through the web ‘‘(f) CONTRIBUTIONS.—For purposes of car-
portal of the Observation System; and every 10 years thereafter, the Administrator
rying out this section, the Secretary may so-
‘‘(B) interoperable with other national of the National Oceanic and Atmospheric Ad-
licit, accept, receive, hold, administer, and
data systems or other data systems for man- ministration, in consultation with the Ma-
use gifts, devises, and bequests without any
agement or research purposes, as prac- rine Mammal Commission and the Secretary
further approval or administrative action.’’.
ticable. of Commerce, shall—
(b) TABLE OF CONTENTS AMENDMENT.—The
‘‘(b) PURPOSES.—The purposes of the ‘‘(A) make publicly available a report on
table of contents in the first section of the
Health MAP are— the data gap analysis described in paragraph
Marine Mammal Protection Act of 1972 (Pub-
‘‘(1) to promote— (2); and
lic Law 92–522) is further amended by insert-
‘‘(A) interdisciplinary research among in- ‘‘(B) provide a briefing to the appropriate
ing after the item related to section 408 the
dividuals with knowledge and experience in committees of Congress concerning that data
following:
marine mammal science, marine mammal gap analysis.
veterinary and husbandry practices, medical ‘‘Sec. 408A. Marine Mammal Health Moni- ‘‘(2) REQUIREMENTS.—The data gap analysis
science, and oceanography, and with other toring and Analysis Platform under paragraph (1) shall include—
marine scientists; (Health MAP).’’. ‘‘(A) an overview of existing participants
‘‘(B) timely and sustained dissemination SEC. ll13G. REPORTS TO CONGRESS. within a marine mammal stranding network;
and availability of marine mammal health, (a) IN GENERAL.—Title IV of the Marine ‘‘(B) an identification of coverage needs
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stranding, entanglement, and mortality Mammal Protection Act of 1972 (16 U.S.C. and participant gaps within a network;
data; 1421 et seq.) is further amended by inserting ‘‘(C) an identification of data and reporting
‘‘(C) identification of spatial and temporal after section 408A the following: gaps from members of a network; and
patterns of marine mammal mortality, dis- ‘‘SEC. 408B. REPORTS TO CONGRESS. ‘‘(D) an analysis of how stranding and
ease, and stranding; ‘‘(a) DEFINITION OF APPROPRIATE COMMIT- health data are shared and made available to
‘‘(D) evaluation of marine mammal health TEES OF CONGRESS.—In this section, the term scientists, academics, State, local, terri-
in terms of mortality, as well as sublethal ‘appropriate committees of Congress’ torial, and Tribal governments, and the pub-
marine mammal health impacts; means— lic.
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5427
‘‘(d) MARINE MAMMAL RESPONSE CAPABILI- or dead marine mammal has gear, rope, line, mitigate stressors and restore such eco-
TIES IN THE ARCTIC.— net, or other material wrapped around or at- systems, including evaluation criteria to de-
‘‘(1) IN GENERAL.—Not later than 1 year tached to the marine mammal and is— termine the effectiveness of management
after the date of enactment of this section, ‘‘(A) on lands under the jurisdiction of the interventions, and accurate mapping for
the Administrator of the National Oceanic United States, including beaches and shore- coral reef restoration;
and Atmospheric Administration, the Direc- lines; or ‘‘(4) to assist in the preservation of coral
tor of the United States Fish and Wildlife ‘‘(B) in waters under the jurisdiction of the reefs by supporting science-based, consensus-
Service, and the Director of the United United States, including any navigable driven State, Tribal, Pacific Islander, terri-
States Geologic Survey, in consultation with waters.’’; torial, and community-based coral reef man-
the Marine Mammal Commission and the (3) in paragraph (2) (as so redesignated) by agement, including monitoring, conserva-
Secretary of the Interior, shall— striking ‘‘The term’’ and inserting ‘‘Except tion, and restoration projects that empower
‘‘(A) make publicly available a report de- as used in section 408, the term’’; local communities, small businesses, and
scribing the response capabilities for sick (4) by inserting after paragraph (2) (as so nongovernmental organizations;
and injured marine mammals in the Arctic redesignated) the following: ‘‘(5) to provide financial resources, tech-
regions of the United States; and ‘‘(3) The term ‘Health MAP’ means the Ma- nical assistance, and scientific expertise to
‘‘(B) provide a briefing to the appropriate rine Mammal Health Monitoring and Anal- supplement and strengthen State, Tribal, In-
committees of Congress on that report. ysis Platform established under section digenous, and community-based manage-
‘‘(2) ARCTIC.—The term ‘Arctic’ has the 408A(a)(1). ment programs and conservation and res-
meaning given the term in section 112 of the ‘‘(4) The term ‘Observation System’ means toration projects;
Arctic Research and Policy Act of 1984 (15 the National Integrated Coastal and Ocean ‘‘(6) to establish a formal mechanism for
U.S.C. 4111). Observation System established under sec- collecting and allocating monetary dona-
‘‘(3) REQUIREMENTS.—The report under tion 12304 of the Integrated Coastal and tions from the private sector to be used for
paragraph (1) shall include— Ocean Observation System Act of 2009 (33 coral reef conservation and restoration
‘‘(A) a description, developed in consulta- U.S.C. 3603).’’. projects;
tion with the Director of the United States SEC. ll13J. STUDY ON MARINE MAMMAL MOR- ‘‘(7) to support the rapid and effective,
Fish and Wildlife Service, of all marine TALITY. science-based assessment and response to
mammal stranding agreements in place for (a) IN GENERAL.—Not later than 12 months emergencies that imminently threaten coral
the Arctic region of the United States, in- after the date of enactment of this Act, the reefs, such as coral disease outbreaks,
cluding species covered, response capabili- Under Secretary of Commerce for Oceans and invasive species, hurricanes, marine heat
ties, facilities and equipment, and data col- Atmosphere shall, in consultation with the waves, coral bleaching, and other natural
lection and analysis capabilities; Secretary of the Interior and the Marine disasters, vessel groundings or chemical
‘‘(B) a list of State and local government Mammal Commission, conduct a study eval- spills, and other exigent circumstances; and
agencies that have personnel trained to re- uating the connections among marine heat ‘‘(8) to serve as a model for advancing simi-
spond to marine mammal strandings in the waves, frequency and intensity of harmful lar international efforts to monitor, con-
Arctic region of the United States; algal blooms, prey availability, and habitat serve, and restore coral reef ecosystems in
‘‘(C) an assessment of potential response degradation, and the impacts of these condi- the jurisdictions of United States allies and
and data collection partners and sources of tions on marine mammal mortality. trading partners.
local information and knowledge, including (b) REPORT.—The Under Secretary of Com- ‘‘SEC. 203. FEDERAL CORAL REEF MANAGEMENT
merce for Oceans and Atmosphere, in con- AND RESTORATION ACTIVITIES.
Alaska Native people and villages;
‘‘(D) an analysis of spatial and temporal sultation with the Secretary of the Interior ‘‘(a) IN GENERAL.—The Administrator or
trends in marine mammal strandings and un- and the Marine Mammal Commission, shall the Secretary of the Interior may conduct
usual mortality events that are correlated prepare, post to a publicly available website, activities described in subsection (b) to con-
with changing environmental conditions in and brief the appropriate committees of Con- serve and restore coral reefs and coral reef
gress on, a report containing the results of ecosystems that are consistent with—
the Arctic region of the United States;
the study described in subsection (a). The re- ‘‘(1) all applicable laws governing resource
‘‘(E) a description of training and other re-
port shall identify priority research activi- management in Federal and State waters, in-
source needs to meet emerging response re-
ties, opportunities for collaboration, and cluding this Act;
quirements in the Arctic region of the
current gaps in effort and resource limita- ‘‘(2) the national coral reef resilience strat-
United States;
tions related to advancing scientific under- egy in effect under section 204A;
‘‘(F) an analysis of oiled marine mammal
standing of how ocean heat waves, harmful ‘‘(3) coral reef action plans in effect under
response and rehabilitation capabilities in
algae blooms, availability of prey, and habi- section 205, as applicable; and
the Arctic region of the United States, in-
tat degradation impact marine mammal ‘‘(4) coral reef emergency plans in effect
cluding personnel, equipment, facilities,
mortality. The report shall include rec- under section 209, as applicable.
training, and husbandry capabilities, and an
ommendations for policies needed to miti- ‘‘(b) ACTIVITIES DESCRIBED.—Activities de-
assessment of factors that affect response scribed in this subsection are activities to
and rehabilitation success rates; and gate and respond to mortality events.
conserve, research, monitor, assess, and re-
‘‘(G) recommendations to address future Subtitle D—Reauthorization of Coral Reef store coral reefs and coral reef ecosystems in
stranding response needs for marine mam- Conservation Act of 2000 waters managed under the jurisdiction of a
mals in the Arctic region of the United SEC. ll14. REAUTHORIZATION OF CORAL REEF Federal agency specified in subsection (c) or
States.’’. CONSERVATION ACT OF 2000. in coordination with a State in waters man-
(b) TABLE OF CONTENTS AMENDMENT.—The (a) PURPOSES; FEDERAL CORAL REEF MAN- aged under the jurisdiction of such State, in-
table of contents in the first section of the AGEMENT AND RESTORATION ACTIVITIES.—The cluding—
Marine Mammal Protection Act of 1972 (Pub- Coral Reef Conservation Act of 2000 (16 ‘‘(1) developing, including through the col-
lic Law 92–522) is further amended by insert- U.S.C. 6401 et seq.) is amended by striking lection of requisite data, high-quality and
ing after the item related to section 408A the sections 202 and 203 and inserting the fol- digitized maps reflecting—
following: lowing: ‘‘(A) current and historical live coral cover
‘‘Sec. 408B. Reports to Congress.’’. ‘‘SEC. 202. PURPOSES. data;
SEC. ll13H. AUTHORIZATION OF APPROPRIA- ‘‘The purposes of this title are— ‘‘(B) coral reef habitat quality data;
TIONS. ‘‘(1) to conserve and restore the condition ‘‘(C) priority areas for coral reef conserva-
Section 409 of the Marine Mammal Protec- of United States coral reef ecosystems chal- tion to maintain biodiversity and ecosystem
tion Act of 1972 (16 U.S.C. 1421g) is amended— lenged by natural and human-accelerated structure and function, including the reef
(1) in paragraph (1), by striking ‘‘1993 and changes, including increasing ocean tem- matrix itself, that benefit coastal commu-
1994;’’ and inserting ‘‘2022 through 2026;’’; peratures, ocean acidification, coral bleach- nities and living marine resources;
(2) in paragraph (2), by striking ‘‘1993 and ing, coral diseases, water quality degrada- ‘‘(D) priority areas for coral reef restora-
1994;’’ and inserting ‘‘2022 through 2026;’’; and tion, invasive species, and illegal, unre- tion to enhance biodiversity and ecosystem
(3) in paragraph (3), by striking ‘‘fiscal ported, and unregulated fishing; structure and function, including the reef
year 1993.’’ and inserting ‘‘for each of fiscal ‘‘(2) to promote the science-based manage- matrix itself, to benefit coastal communities
years 2022 through 2026.’’. ment and sustainable use of coral reef eco- and living marine resources; and
SEC. ll13I. DEFINITIONS. systems to benefit local communities and ‘‘(E) areas of concern that may require en-
Section 410 of the Marine Mammal Protec- the Nation, including through improved inte- hanced monitoring of coral health and cover;
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tion Act of 1972 (16 U.S.C. 1421h) is amended— gration and cooperation among Federal, ‘‘(2) enhancing compliance with Federal
(1) by redesignating paragraphs (1) through State, and locally managed jurisdictions laws that prohibit or regulate—
(6) as paragraphs (2), (5), (6), (7), (8), and (9), with coral reef equities; ‘‘(A) the taking of coral products or species
respectively; ‘‘(3) to develop sound scientific informa- associated with coral reefs; or
(2) by inserting before paragraph (2) (as so tion on the condition of coral reef eco- ‘‘(B) the use and management of coral reef
redesignated) the following: systems, continuing and emerging threats to ecosystems;
‘‘(1) The term ‘entangle’ or ‘entanglement’ such ecosystems, and the efficacy of innova- ‘‘(3) long-term ecological monitoring of
means an event in the wild in which a living tive tools, technologies, and strategies to coral reef ecosystems;
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S5428 CONGRESSIONAL RECORD — SENATE September 28, 2022
‘‘(4) implementing species-specific recov- ‘‘(vi) building and sustaining watershed sponsibilities and jurisdiction of the man-
ery plans for listed coral species consistent management capacity at the local level; ager.
with the Endangered Species Act of 1973 (16 ‘‘(vii) providing data essential for coral ‘‘(b) REQUIREMENTS.—A covered reef man-
U.S.C. 1531 et seq.); reef fisheries management; ager preparing a coral reef action plan under
‘‘(5) restoring degraded coral reef eco- ‘‘(viii) building capacity for coral reef fish- subsection (a) shall—
systems; eries management; ‘‘(1) ensure that the plan is consistent with
‘‘(6) promoting ecologically sound naviga- ‘‘(ix) increasing understanding of coral reef all elements of the national coral reef resil-
tion and anchorages, including mooring buoy ecosystem services; ience strategy in effect; and
systems to promote enhanced recreational ‘‘(x) educating the public on the impor- ‘‘(2) revise the plan not less frequently
access, near coral reefs; tance of coral reefs, threats to coral reefs, than once every 5 years.
‘‘(7) monitoring and responding to severe and solutions to such threats; and ‘‘(c) PLAN ELEMENTS.—A coral reef action
bleaching or mortality events, disease out- ‘‘(xi) evaluating intervention efficacy; plan under subsection (a) shall include a dis-
breaks, invasive species outbreaks, and sig- ‘‘(F) the status of conservation efforts, in- cussion of the following elements:
nificant maritime accidents, including chem- cluding the use of marine protected areas to ‘‘(1) Short- and mid-term coral reef con-
ical spill cleanup and the removal of ground- serve as replenishment zones developed con- servation and restoration objectives within
ed vessels; sistent with local practices and traditions the applicable jurisdiction.
‘‘(8) conducting scientific research that and in cooperation with, and with respect for ‘‘(2) An updated adaptive management
contributes to the understanding, sustain- the scientific, technical, and management framework to inform research, monitoring,
able use, and long-term conservation of coral expertise and responsibilities of, State fish and assessment needs.
reefs; and wildlife management agencies; and ‘‘(3) The status of any coral reef emergency
‘‘(9) enhancing public awareness, under- ‘‘(G) science-based adaptive management plans in effect under section 209 covering
standing, and appreciation of coral reefs and and restoration efforts. coral reef ecosystems within the applicable
coral reef ecosystems; ‘‘(2) A statement of national goals and ob- jurisdiction.
‘‘(10) preventing or minimizing the likeli- jectives designed to guide— ‘‘(4) Tools, strategies, and partnerships
hood of vessel impacts or other physical ‘‘(A) future Federal coral reef management necessary to identify, monitor, and redress
damage to coral reefs through navigational and restoration activities authorized under the impacts of pollution, diminished water
aids and expansion of reef-safe anchorages; section 203; quality, temperature fluctuations, acidifica-
and ‘‘(B) conservation and restoration prior- tion, overfishing, disease, and other disturb-
‘‘(11) centrally archiving, managing, and ities for grants awarded under section 213; ances to coral reef ecosystems within the ap-
distributing data sets and coral reef eco- and plicable jurisdiction.
system assessments and publishing such in- ‘‘(C) research priorities for the cooperative ‘‘(5) The status of efforts to improve coral
formation on publicly available internet institutes established under section 215(c). reef ecosystem management cooperation and
websites of— ‘‘(3) General templates for use by covered integration among neighboring Federal,
‘‘(A) the Coral Reef Conservation Program reef managers to guide the development of— State, Tribal, or locally managed jurisdic-
of the National Oceanic and Atmospheric Ad- ‘‘(A) coral reef action plans under section tions, including the identification of existing
ministration; and 205; and research and monitoring activities that can
‘‘(B) the Task Force. ‘‘(B) coral reef emergency plans under sec- be leveraged for coral reef status and trends
‘‘(c) FEDERAL AGENCIES SPECIFIED.—A Fed- tion 209. assessments within the applicable jurisdic-
eral agency specified in this subsection is ‘‘(c) CONSULTATIONS.—In developing all ele- tion.
one of the following: ments of the strategy required by subsection ‘‘(6) An accounting of annual expenditures
‘‘(1) The National Oceanic and Atmos- (a), the Administrator shall— on coral reef management and restoration
pheric Administration. ‘‘(1) consult with the Secretary of the Inte- activities within the applicable jurisdiction
‘‘(2) The National Park Service. rior, the Task Force, covered States, and while the preceding action plan, if any, was
‘‘(3) The United States Fish and Wildlife Tribal organizations; in effect.
Service. ‘‘(2) engage stakeholders, including coral ‘‘(7) Estimated budgetary and resource
‘‘(4) The Office of Insular Affairs.’’. reef stewardship partnerships, coral reef in- considerations necessary to carry out the
(b) ADDITIONAL PROVISIONS.—The Coral proposed action plan.
stitutes and research centers described in
Reef Conservation Act of 2000 (16 U.S.C. 6401 ‘‘(d) TECHNICAL ASSISTANCE.—The Adminis-
section 215(c), and coral reef conservation
et seq.) is amended by striking sections 205 trator and the Task Force shall make all
grant awardees; and
through 210 and inserting the following: reasonable efforts to provide technical as-
‘‘(3) solicit public review and comment re-
‘‘SEC. 204A. NATIONAL CORAL REEF RESILIENCE sistance upon request by a covered reef man-
STRATEGY. garding scoping and the draft strategy.
‘‘(d) SUBMISSION TO CONGRESS; PUBLICA- ager developing a coral reef action plan
‘‘(a) IN GENERAL.—The Administrator under subsection (a).
TION.—The Administrator shall—
shall— ‘‘(e) ADOPTION OF CORAL REEF ACTION
‘‘(1) develop a national coral reef resilience ‘‘(1) submit the strategy required by sub-
section (a) and any revisions to the strategy PLANS.—A covered reef manager may adopt a
strategy; and coral reef action plan developed by another
‘‘(2) periodically, but not less frequently to the appropriate congressional commit-
tees; and covered reef manager, in full or in part, as
than every 15 years, review and revise the relevant to the adopting manager’s applica-
strategy. ‘‘(2) publish the strategy and any such re-
visions on publicly available internet ble jurisdiction.
‘‘(b) ELEMENTS.—The strategy required by ‘‘(f) PUBLIC REVIEW.—The development of a
subsection (a) shall include the following: websites of—
coral reef action plan by a covered reef man-
‘‘(1) A discussion addressing— ‘‘(A) the Coral Reef Conservation Program
ager under subsection (a), and the adoption
‘‘(A) continuing and emerging threats to of the National Oceanic and Atmospheric Ad-
of a plan under subsection (e), shall be sub-
the resilience of United States coral reef eco- ministration; and
ject to public review and comment.
systems; ‘‘(B) the Task Force. ‘‘(g) PUBLICATION.—The Administrator
‘‘(B) remaining gaps in coral reef eco- ‘‘(e) TRANSITION RULE.—On and after the shall publish each coral reef action plan pre-
system research, monitoring, and assess- date of the enactment of this subsection, the pared and submitted to the Task Force under
ment; 2018 Coral Reef Conservation Program Stra- this section on publicly available internet
‘‘(C) the status of management cooperation tegic Plan of the National Oceanic and At- websites of—
and integration among Federal, State, Trib- mospheric Administration shall be consid- ‘‘(1) the Coral Reef Conservation Program
al, and locally managed jurisdictions with ered to be the national coral reef resilience of the National Oceanic and Atmospheric Ad-
coral reef equities; strategy in effect under this section until ministration; and
‘‘(D) the status of efforts to manage and the earlier of— ‘‘(2) the Task Force.
disseminate critical information, and en- ‘‘(1) September 30, 2033; or ‘‘(h) APPLICABILITY TO COVERED STATES
hance interjurisdictional data sharing, re- ‘‘(2) the date on which the Administrator AND CORAL REEF STEWARDSHIP PARTNER-
lated to research, reports, datasets, and develops a national coral reef resilience SHIPS.—A covered State or non-Federal coral
maps; strategy under this section. reef stewardship partnership is not required
‘‘(E) areas of special focus, which may in- ‘‘SEC. 205. CORAL REEF ACTION PLANS. to develop a coral reef action plan under sub-
clude— ‘‘(a) CORAL REEF ACTION PLANS.—Except as section (a), but may do so in its own discre-
‘‘(i) improving natural coral recruitment; provided in subsection (h), not later than 3 tion. In developing a coral reef action plan,
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‘‘(ii) preventing avoidable losses of corals years after the date of the enactment of this a covered State or non-Federal coral reef
and their habitat; section, and not later than 2 years after the stewardship partnership is encouraged, but
‘‘(iii) enhancing the resilience of coral pop- publication of a revised national coral reef not mandated, to comply with the require-
ulations; resilience strategy under section 204A, each ments of this section.
‘‘(iv) supporting a resilience-based manage- covered reef manager shall prepare and sub- ‘‘(i) PLAN IN EFFECT.—A coral reef action
ment approach; mit to the Task Force a coral reef action plan shall be deemed to be in effect if the
‘‘(v) developing, coordinating, and imple- plan to guide management and restoration plan was submitted to the Task Force under
menting watershed management plans; activities to be undertaken within the re- this section during the preceding 6 years.
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5429
‘‘SEC. 206. CORAL REEF STEWARDSHIP PARTNER- and restoration activities and further the received under this section and maintain
SHIPS. implementation of coral reef action plans in such funds and any interest or revenues
‘‘(a) CORAL REEF STEWARDSHIP PARTNER- effect under section 205 by covered States earned in a separate interest-bearing ac-
SHIPS.—The Administrator shall establish and non-Federal coral reef stewardship part- count, to be known as the ‘Coral Reef Stew-
standards for the identification of coral reefs nerships. ardship Fund’ (in this section referred to as
and the formation of partnerships among ‘‘(b) ELIGIBILITY FOR ADDITIONAL the ‘Fund’, and known before the date of the
government and community members for the AMOUNTS.— enactment of this section as the Coral Reef
stewardship of coral reefs (in this title re- ‘‘(1) IN GENERAL.—A covered State shall Conservation Fund administered through a
ferred to as ‘coral reef stewardship partner- qualify for and receive additional grant public-private partnership with the Founda-
ships’) in accordance with this section, in- amounts beyond the base award specified in tion), established by the Foundation solely
cluding guidance for preparation and submis- subsection (c)(1) if there is at least one coral to support coral reef stewardship partnership
sion of coral reef action plans under section reef action plan in effect within the jurisdic- activities that—
205 for review and approval by the Adminis- tion of the covered State developed by that ‘‘(1) further the purposes of this title; and
trator. covered State or a non-Federal coral reef ‘‘(2) are consistent with—
‘‘(b) IDENTIFICATION OF CORAL REEFS.— stewardship partnership. ‘‘(A) the national coral reef resilience
Each coral reef stewardship partnership shall ‘‘(2) WAIVER.—In any fiscal year before fis- strategy in effect under section 204A; and
identify with particularity the coral reef or cal year 2025, the Administrator shall waive ‘‘(B) coral reef action plans in effect, if
ecologically significant component of a coral the requirement to qualify for and receive any, under section 205 covering a coral reef
reef that will be the subject of its steward- additional grant amounts described in para- or ecologically significant component of a
ship activities. graph (1). coral reef to be impacted by such activities,
‘‘(c) MEMBERSHIP FOR FEDERAL CORAL if applicable.
‘‘(c) FUNDING FORMULA.—The amount of
REEFS.—A coral reef stewardship partnership ‘‘(c) AUTHORIZATION TO SOLICIT DONA-
each block grant awarded to a covered State
that has identified, as the subject of its stew- TIONS.—
under this section shall be the sum of—
ardship activities, a coral reef or eco- ‘‘(1) IN GENERAL.—Pursuant to an agree-
‘‘(1) a base award of $100,000; and
logically significant component of a coral ment entered into under subsection (a), the
‘‘(2) if the State is eligible under sub-
reef that is fully or partially under the man- Foundation may accept, receive, solicit,
section (b)— hold, administer, and use any gift (including,
agement jurisdiction of any Federal agency
‘‘(A) an amount that is equal to non-Fed- notwithstanding section 1342 of title 31,
specified in section 203(c) shall, at a min-
eral expenditures of up to $3,000,000 on coral United States Code, donations of services) to
imum, include the following:
reef management and restoration activities further the purposes of this title.
‘‘(1) That Federal agency, a representative
within the jurisdiction of the State during ‘‘(2) DEPOSITS IN FUND.—Notwithstanding
of which shall serve as chair of the coral reef
the previous fiscal year, and section 3302 of title 31, United States Code,
stewardship partnership.
‘‘(B) an additional amount, from any funds any funds received as a gift shall be depos-
‘‘(2) A State, county, or Tribal organiza-
appropriated for activities under this section ited and maintained in the Fund.
tion’s resource management agency.
that remain after distribution under sub- ‘‘(3) NOTIFICATION REQUIRED.—Not later
‘‘(3) A coral reef research center described
paragraph (A), paragraph (1), and subsection than 30 days after funds are deposited in the
in section 215(c)(4) or another institution of
(g)based on the proportion of the State’s Fund under paragraph (2), the Foundation
higher education.
share of total non-Federal expenditures on shall notify the Committee on Appropria-
‘‘(4) A nongovernmental organization.
coral reef management and restoration ac- tions of the Senate and the Committee on
‘‘(5) Such other members as the partner-
tivities, as reported within the previous fis- Appropriations of the House of Representa-
ship considers appropriate, such as inter-
cal year, in excess of $3,000,000, relative to tives of the source and amount of such funds.
ested stakeholder groups.
‘‘(d) MEMBERSHIP FOR NON-FEDERAL CORAL other covered States. ‘‘(d) REVIEW OF PERFORMANCE.—The Ad-
REEFS.— ‘‘(d) EXCLUSIONS.—For the purposes of cal- ministrator shall conduct a continuing re-
‘‘(1) IN GENERAL.—A coral reef stewardship culating block grant amounts under sub- view of all deposits into, and disbursements
partnership that has identified, as the sub- section (c), Federal funds provided to a cov- from, the Fund. Each review shall include a
ject of its stewardship activities, a coral reef ered State or non-Federal coral reef steward- written assessment concerning the extent to
or ecologically significant component of a ship partnership shall not be considered as which the Foundation has implemented the
coral reef that is not under the management qualifying non-Federal expenditures, but goals and requirements of—
jurisdiction of any Federal agency specified non-Federal matching funds used to leverage ‘‘(1) this section; and
in section 203(c) shall, at a minimum, in- Federal awards may be considered as quali- ‘‘(2) the national coral reef resilience strat-
clude the following: fying non-Federal expenditures. egy in effect under section 204A.
‘‘(e) RESPONSIBILITIES OF THE ADMINIS- ‘‘(e) ADMINISTRATION.—Under an agreement
‘‘(A) A State, county, or Tribal organiza-
TRATOR.—The Administrator is responsible entered into pursuant to subsection (a), the
tion’s resource management agency, a rep-
for— Administrator may transfer funds appro-
resentative of which shall serve as the chair priated to carry out this title to the Founda-
of the coral reef stewardship partnership. ‘‘(1) providing guidance on qualifying non-
Federal expenditures and the proper docu- tion. Amounts received by the Foundation
‘‘(B) A coral reef research center described under this subsection may be used for
in section 215(c)(4) or another institution of mentation of such expenditures;
‘‘(2) issuing annual solicitations to covered matching, in whole or in part, contributions
higher education. (whether in money, services, or property)
‘‘(C) A nongovernmental organization. States for additional awards under this sec-
tion; and made to the Foundation by private persons,
‘‘(D) Such other members as the partner- State or local government agencies, or Trib-
ship considers appropriate, such as inter- ‘‘(3) determining the appropriate alloca-
tion of additional amounts among covered al organizations.
ested stakeholder groups. ‘‘SEC. 209. CORAL REEF EMERGENCY PLANS.
‘‘(2) ADDITIONAL MEMBERS.— States in accordance with this section.
‘‘(f) RESPONSIBILITIES OF COVERED ‘‘(a) IN GENERAL.—A covered reef manager
‘‘(A) IN GENERAL.—Subject to subparagraph may develop and periodically update a plan
(B), a coral reef stewardship partnership de- STATES.—Each covered State is responsible
for documenting non-Federal expenditures (in this title referred to as a ‘coral reef emer-
scribed in paragraph (1) may also include gency plan’) consistent with the template de-
representatives of one or more Federal agen- within the jurisdiction of the State and for-
mally reporting those expenditures for re- scribed in section 204A(b)(3) to guide the
cies that have management responsibility in rapid and effective response to cir-
the coral reef that is the subject of the part- view in response to annual solicitations by
the Administrator under subsection (e). cumstances that pose an urgent and imme-
nership’s stewardship activities. diate threat to the coral reef ecosystems
‘‘(B) REQUESTS; APPROVAL.—A representa- ‘‘(g) COOPERATIVE AGREEMENTS.—The Ad-
within the manager’s responsibilities and ju-
tive of a Federal agency described in sub- ministrator may enter into cooperative
risdictions, and consistent with any applica-
paragraph (A) may become a member of a agreements with States to fund coral reef
ble coral reef action plan.
coral reef stewardship partnership described conservation and restoration activities in ‘‘(b) CORAL REEF EMERGENCIES.—The Ad-
in paragraph (1) if— waters managed under the jurisdiction of ministrator shall develop a list of, and cri-
‘‘(i) the representative submits a request such States that are consistent with the na- teria for, circumstances that pose an urgent
to become a member to the chair of the part- tional coral reef resilience strategy in effect and immediate threat to coral reefs (in this
nership referred to in paragraph (1)(A); and under section 204A. title referred to as ‘coral reef emergencies’),
‘‘(ii) the chair consents to the request. ‘‘SEC. 208. CORAL REEF STEWARDSHIP FUND. including—
‘‘(e) NONAPPLICABILITY OF FEDERAL ADVI- ‘‘(a) AUTHORITY TO ENTER INTO AGREE- ‘‘(1) new and ongoing outbreaks of disease;
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SORY COMMITTEE ACT.—The Federal Advisory MENTS.—The Administrator may enter into ‘‘(2) new and ongoing outbreaks of invasive
Committee Act (5 U.S.C. App.) shall not an agreement with the National Fish and or nuisance species;
apply to coral reef stewardship partnerships. Wildlife Foundation (in this section referred ‘‘(3) new and ongoing coral bleaching
‘‘SEC. 207. BLOCK GRANTS AND COOPERATIVE to as the ‘Foundation’), authorizing the events;
AGREEMENTS. Foundation to receive, hold, and administer ‘‘(4) natural disasters;
‘‘(a) IN GENERAL.—The Administrator shall funds received under this section. ‘‘(5) man-made disasters, including vessel
provide block grants of financial assistance ‘‘(b) FUND.—The Foundation shall invest, groundings, hazardous spills, or coastal con-
to covered States to support management reinvest, and otherwise administer the funds struction accidents; and
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S5430 CONGRESSIONAL RECORD — SENATE September 28, 2022
‘‘(6) other exigent circumstances. gency, including at the recommendation of ‘‘(4) CONCURRENT REVIEW.—An entity seek-
‘‘(c) BEST RESPONSE PRACTICES.—The Ad- the Secretary of the Interior. ing a grant under this subsection may sub-
ministrator shall develop guidance on best ‘‘(B) REQUIREMENTS.—In declaring a coral mit a proposal under paragraph (2) to the Ad-
practices to respond to coral reef emer- reef emergency under subparagraph (A), the ministrator at any time following the sub-
gencies that can be adopted within coral reef Administrator shall— mission of a petition for an emergency dec-
emergency plans. Such best practices shall ‘‘(i) certify that an emergency has oc- laration under subsection (a)(2) that is appli-
be— curred that is ecologically significant and cable to coral reefs or ecologically signifi-
‘‘(1) based on the best available science and harmful to coral reefs; and cant components of coral reefs subject to the
integrated with evolving innovative tech- ‘‘(ii) submit to the appropriate congres- responsibilities or jurisdiction of the entity.
nologies; and sional committees findings and analysis to ‘‘SEC. 212. VESSEL GROUNDING INVENTORY.
‘‘(2) revised not less frequently than once justify the declaration. ‘‘The Administrator, in coordination with
every 5 years. ‘‘(2) PETITIONS.—If a covered State or non- the heads of other Federal agencies, shall es-
‘‘(d) PLAN ELEMENTS.—A coral reef emer- Federal coral reef stewardship partnership tablish and maintain an inventory of all ves-
gency plan shall include the following ele- believes that a coral reef emergency has oc- sel grounding incidents involving United
ments: curred, and is impacting coral reefs or eco- States coral reefs, including a description
‘‘(1) A description of particular threats, logically significant components of coral of—
and the proposed responses, consistent with reefs subject to the responsibilities or juris- ‘‘(1) the impacts of each such incident to
the best practices developed under sub- diction of the State or partnership, the State coral reefs and related natural resources;
section (d). or partnership may petition the Adminis- ‘‘(2) vessel and ownership information re-
‘‘(2) A delineation of roles and responsibil- trator for a declaration of a coral reef emer- lating to each such incident, if available;
ities for executing the plan. gency. ‘‘(3) the estimated cost of removal of the
‘‘(3) Evidence of engagement with inter- ‘‘(3) EVALUATION AND ACTION.— vessel, remediation, or restoration relating
ested stakeholder groups, as applicable, in ‘‘(A) IN GENERAL.—Not later than 30 days to each such incident;
the development of the plan. after receiving a petition under paragraph (2) ‘‘(4) the response actions taken by the
‘‘(4) Any other information the Adminis- (except as provided in subparagraph (B)), the owner of the vessel, the Administrator, the
trator considers to be necessary for the plan. Administrator shall— Commandant of the Coast Guard, or rep-
‘‘(e) TECHNICAL ASSISTANCE.—The Adminis- ‘‘(i) evaluate the petition to determine resentatives of other Federal or State agen-
trator and the Task Force shall make all whether a coral reef emergency has occurred; cies;
reasonable efforts to provide technical as- and ‘‘(5) the status of the response actions, in-
sistance upon request by a covered reef man- ‘‘(ii) declare a coral reef emergency or cluding the dates of—
ager developing a coral reef emergency plan deny the petition. ‘‘(A) vessel removal;
under subsection (a). ‘‘(B) EXTENSION.—The Administrator may ‘‘(B) remediation or restoration activities,
‘‘(f) ADOPTION OF CORAL REEF EMERGENCY extend the deadline provided for under sub- including whether a coral reef emergency
PLANS.—A covered reef manager may adopt a paragraph (A) by not more than 15 days. plan was implemented; and
coral reef emergency plan developed by an- ‘‘(4) APPEAL.—If the Administrator denies ‘‘(C) any actions taken to prevent future
other covered reef manager, in full or in a petition for an emergency declaration sub- grounding incidents; and
part, as relevant to the adopting manager’s mitted under paragraph (2), the State or ‘‘(6) recommendations for additional navi-
applicable jurisdiction. partnership that submitted the petition gational aids or other mechanisms for pre-
‘‘(g) PUBLIC REVIEW.—The development of a may, not later than 15 days after receiving venting future grounding incidents.
coral reef action plan by a covered reef man- notice of the denial, appeal the denial to the ‘‘SEC. 213. RUTH D. GATES CORAL REEF CON-
ager under subsection (a), and the adoption Administrator. Not later than 15 days after SERVATION GRANT PROGRAM.
of a plan under subsection (f), shall be sub- receiving an appeal under this paragraph, ‘‘(a) GRANTS.—The Administrator shall es-
ject to public review and comment. the Administrator shall grant or deny the tablish a program (to be known as the ‘Ruth
‘‘(h) PUBLICATION.—The Administrator appeal. D. Gates Coral Reef Conservation Grant Pro-
shall publish each coral reef emergency plan ‘‘(5) REVOCATION.—The Administrator may gram’) to provide grants for projects for the
prepared and submitted to the Task Force revoke any declaration of a coral reef emer- conservation and restoration of coral reef
under this section on publicly available gency in whole or in part after determining ecosystems (in this section referred to as
internet websites of— that circumstances no longer require an ‘coral reef projects’) pursuant to proposals
‘‘(1) the Coral Reef Conservation Program emergency response. approved by the Administrator in accordance
of the National Oceanic and Atmospheric Ad- ‘‘(6) RECOVERY OF EMERGENCY FUNDING.— with this section.
ministration; and The Administrator may seek compensation ‘‘(b) ELIGIBILITY.—
‘‘(2) the Task Force. from negligent parties to recover emergency ‘‘(1) IN GENERAL.—An entity described in
‘‘(i) PLAN IN EFFECT.—A coral reef emer- funds expended in excess of $500,000 under paragraph (2) may submit to the Adminis-
gency plan shall be deemed to be in effect if this section as a result of an emergency dec- trator a proposal for a coral reef project.
the plan was submitted to the Task Force laration arising from direct impacts to coral ‘‘(2) ENTITIES DESCRIBED.—An entity de-
under this section during the preceding 6 reefs from man-made disasters or accidents. scribed in this paragraph is—
years. ‘‘(b) FINANCIAL ASSISTANCE AUTHORITY.— ‘‘(A) a natural resource management au-
‘‘SEC. 210. CORAL REEF EMERGENCY FUND. ‘‘(1) IN GENERAL.—Upon the declaration of thority of a State or local government or
‘‘(a) ESTABLISHMENT OF FUND.—There is es- a coral reef emergency under subsection (a), Tribal organization—
tablished in the Treasury an interest-bearing the Administrator shall provide grants to ‘‘(i) with responsibility for coral reef man-
fund to be known as the ‘Coral Reef Emer- carry out proposals that meet the require- agement; or
gency Fund’, consisting of such amounts as ments of paragraph (2) to implement coral ‘‘(ii) the activities of which directly or in-
are appropriated to the Fund. reef emergency plans in effect under section directly affect coral reefs or coral reef eco-
‘‘(b) USES.—Amounts in the Fund— 209. systems;
‘‘(1) shall be available only for use by the ‘‘(2) REQUIREMENTS.—A proposal for a grant ‘‘(B) a regional fishery management coun-
Administrator to compensate covered coral under this subsection to implement a coral cil established under the Magnuson-Stevens
reef mangers to implement a coral reef emer- reef emergency plan in effect under section Fishery Conservation and Management Act
gency plan in effect under sections 210 and 209 shall include— (16 U.S.C. 1801 et seq.);
212; and ‘‘(A) the name of the entity submitting the ‘‘(C) a coral reef stewardship partnership
‘‘(2) shall remain available until expended. proposal; seeking to implement a coral reef action
‘‘(c) ACCEPTANCE OF DONATIONS.— ‘‘(B) a copy of the coral reef emergency plan in effect under section 205;
‘‘(1) IN GENERAL.—For purposes of carrying plan; ‘‘(D) a coral reef research center des-
out this title, the Administrator may accept, ‘‘(C) a description of the qualifications of ignated under section 215(c)(4); or
receive, solicit, hold, administer, and use the individuals and entities who will imple- ‘‘(E) another nongovernmental organiza-
any gift (including, notwithstanding section ment the plan; tion or research institution with dem-
1342 of title 31, United States Code, dona- ‘‘(D) an estimate of the funds and time re- onstrated expertise in the conservation or
tions of services). quired to complete the implementation of restoration of coral reefs in practice or
‘‘(2) DEPOSITS IN FUND.—Notwithstanding the plan; and through significant contributions to the
section 3302 of title 31, United States Code, ‘‘(E) any other information the Adminis- body of existing scientific research on coral
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any funds received as a gift shall be depos- trator considers to be necessary for evalu- reefs.
ited and maintained in the Fund. ating the eligibility of the proposal for a ‘‘(c) PROJECT PROPOSALS.—Each proposal
‘‘SEC. 211. EMERGENCY ASSISTANCE. grant under this subsection. for a grant under this section for a coral reef
‘‘(a) CORAL REEF EMERGENCY DECLARA- ‘‘(3) REVIEW.—Not later than 30 days after project shall include the following:
TIONS.— receiving a proposal for a grant under this ‘‘(1) The name of the individual or entity
‘‘(1) SUA SPONTE DECLARATION.— subsection, the Administrator shall review responsible for conducting the project.
‘‘(A) IN GENERAL.—The Administrator may the proposal and determine if the proposal ‘‘(2) A description of the qualifications of
determine and declare a coral reef emer- meets the requirements of paragraph (2). the individual or entity.
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5431
‘‘(3) A succinct statement of the purposes coral reef project under this section unless target genes, gene expression, phenotypic
of the project. the project— traits, or phenotypic plasticity; or
‘‘(4) An estimate of the funds and time re- ‘‘(1) is consistent with— ‘‘(M) maintaining the structure and func-
quired to complete the project. ‘‘(A) the national coral reef resilience tion of coral reefs, including the reef matrix
‘‘(5) Evidence of support for the project by strategy in effect under section 204A; and itself.
appropriate representatives of States or ‘‘(B) any Federal or non-Federal coral reef ‘‘(f) FUNDING REQUIREMENTS.—To the ex-
other government jurisdictions in which the action plans in effect under section 205 cov- tent practicable based upon proposals for
project will be conducted. ering a coral reef or ecologically significant coral reef projects submitted to the Adminis-
‘‘(6) Information regarding the source and component of a coral reef to be affected by trator, the Administrator shall ensure that
amount of matching funding available to the the project; and funding for grants awarded under this sec-
applicant. ‘‘(2) will enhance the conservation and res- tion during a fiscal year is distributed as fol-
‘‘(7) A description of how the project meets toration of coral reefs by— lows:
one or more of the criteria under subsection ‘‘(A) addressing conflicts arising from the ‘‘(1) Not less than 40 percent of funds avail-
(e)(2). use of environments near coral reefs or from able shall be awarded for projects in the Pa-
‘‘(8) In the case of a proposal submitted by the use of corals, species associated with cific Ocean within the maritime areas and
a coral reef stewardship partnership, a de- coral reefs, and coral products, including zones subject to the jurisdiction or control of
scription of how the project aligns with the supporting consensus-driven, community- the United States.
applicable coral reef action plan in effect based planning and management initiatives ‘‘(2) Not less than 40 percent of the funds
under section 205. for the protection of coral reef ecosystems; available shall be awarded for projects in the
‘‘(9) Any other information the Adminis- ‘‘(B) improving compliance with laws that Atlantic Ocean, the Gulf of Mexico, or the
trator considers to be necessary for evalu- prohibit or regulate the taking of coral prod- Caribbean Sea within the maritime areas
ating the eligibility of the project for a grant ucts or species associated with coral reefs or and zones subject to the jurisdiction or con-
under this subsection. regulate the use and management of coral trol of the United States.
‘‘(d) PROJECT REVIEW AND APPROVAL.— ‘‘(g) PROJECT REPORTING.—Each entity re-
reef ecosystems;
‘‘(1) IN GENERAL.—The Administrator shall ceiving a grant under this section shall sub-
‘‘(C) designing and implementing networks
review each coral reef project proposal sub- mit to the Administrator such reports at
of real-time water quality monitoring along such times and containing such information
mitted under this section to determine if the coral reefs, including data collection related for evaluating project performance as the
project meets the criteria set forth in sub- to turbidity, nutrient availability, harmful Administrator may require.
section (e). algal blooms, and plankton assemblages, ‘‘(h) TASK FORCE.—The Administrator may
‘‘(2) PRIORITIZATION OF CONSERVATION with an emphasis on coral reefs impacted by consult with the Secretary of the Interior
PROJECTS.—The Administrator shall agriculture and urban development; and the Task Force to obtain guidance in es-
prioritize the awarding of grants for projects ‘‘(D) promoting ecologically sound naviga- tablishing priorities and evaluating pro-
that meet the criteria for approval under tion and anchorages, including mooring buoy posals for coral reef projects under this sec-
subparagraphs (A) through (G) of subsection systems to promote enhanced recreational tion.
(e)(2) that are proposed to be conducted with- access, near coral reefs; ‘‘SEC. 214. REPORTS ON ADMINISTRATION.
in priority areas identified for coral reef con- ‘‘(E) furthering the goals and objectives of ‘‘(a) IN GENERAL.—Not later than 2 years
servation by the Administrator and con- coral reef action plans in effect under sec- after the date of the enactment of this sec-
sistent with the national coral reef resil- tion 205 and coral reef emergency plans in ef- tion, and every 2 years thereafter, the Ad-
ience strategy in effect under section 204A. fect under section 209; ministrator shall submit to the committees
‘‘(3) PRIORITIZATION OF RESTORATION ‘‘(F) mapping the location and distribution specified in subsection (b) a report on the ad-
PROJECTS.—The Administrator shall of coral reefs and potential coral reef habi- ministration of this title during the 2-year
prioritize the awarding of grants for projects tat; period preceding submission of the report,
that meet the criteria for approval under ‘‘(G) stimulating innovation to advance including—
subparagraphs (E) through (L) of subsection the ability of the United States to under- ‘‘(1) a description of all activities under-
(e)(2) that are proposed to be conducted with- stand, research, or monitor coral reef eco- taken to implement the most recent na-
in priority areas identified for coral reef res- systems, or to develop management or adap- tional coral reef resilience strategy under
toration by the Administrator and con- tation options to preserve, sustain, and re- section 204A;
sistent with the national coral reef resil- store coral reef ecosystems; ‘‘(2) a statement of all funds obligated
ience strategy in effect under section 204A. ‘‘(H) implementing research to ensure the under the authorities of this title; and
‘‘(4) REVIEW; APPROVAL OR DISAPPROVAL.— population viability of listed coral species in ‘‘(3) a summary, disaggregated by State, of
Not later than 180 days after receiving a pro- United States waters as detailed in the popu- Federal and non-Federal contributions to-
posal for a coral reef project under this sec- lation-based recovery criteria included in ward the costs of each project or activity
tion, the Administrator shall— species-specific recovery plans consistent funded, in full or in part, under the authori-
‘‘(A) request and consider written com- with the Endangered Species Act of 1973 (16 ties of this title.
ments on the proposal from each Federal U.S.C. 1531 et seq.); ‘‘(b) COMMITTEES SPECIFIED.—The commit-
agency, State government, Tribal organiza- ‘‘(I) developing and implementing cost-ef- tees specified in this subsection are—
tion, or other government jurisdiction, in- fective methods to restore degraded coral ‘‘(1) the Committee on Commerce, Science,
cluding the relevant regional fishery man- reef ecosystems or to create geographically and Transportation and the Committee on
agement councils established under the Mag- appropriate coral reef ecosystems in suitable Appropriations of the Senate; and
nuson-Stevens Fishery Conservation and waters, including by improving habitat or ‘‘(2) the Committee on Natural Resources
Management Act (16 U.S.C. 1801 et seq.), or promoting success of keystone species, with and the Committee on Appropriations of the
any National Marine Sanctuary or Marine an emphasis on novel restoration strategies House of Representatives.
National Monument, with jurisdiction or and techniques to advance coral reef recov- ‘‘SEC. 215. AUTHORITY TO ENTER INTO AGREE-
management authority over coral reef eco- ery and growth near population centers MENTS.
systems in the area where the project is to threatened by rising sea levels and storm ‘‘(a) IN GENERAL.—The Administrator may
be conducted, including the extent to which surge; enter into and perform such contracts,
the project is consistent with locally estab- ‘‘(J) translating and applying coral genet- leases, grants, or cooperative agreements as
lished priorities, unless such entities were ics research to coral reef ecosystem restora- may be necessary to carry out the purposes
directly involved in the development of the tion, including research related to traits of this title.
project proposal; that promote resilience to increasing ocean ‘‘(b) COOPERATIVE INSTITUTES.—
‘‘(B) provide for the merit-based peer re- temperatures, ocean acidification, coral ‘‘(1) DESIGNATION.—The Administrator
view of the proposal and require standardized bleaching, coral diseases, and invasive spe- shall designate 2 cooperative institutes for
documentation of that peer review; cies; the purpose of advancing and sustaining es-
‘‘(C) after considering any written com- ‘‘(K) developing and maintaining in situ sential capabilities in coral reef research, to
ments and recommendations based on the re- native coral propagation sites; be known as the ‘Atlantic Coral Reef Insti-
views under subparagraphs (A) and (B), ap- ‘‘(L) developing and maintaining ex situ tute’ and the ‘Pacific Coral Reef Institute’.
prove or disapprove the proposal; and coral propagation nurseries and land-based ‘‘(2) MEMBERSHIP.—Each institute estab-
‘‘(D) provide written notification of that coral gene banks to— lished under paragraph (1) shall be housed
approval or disapproval, with summaries of ‘‘(i) conserve or augment genetic diversity within a single coral reef research center
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all written comments, recommendations, of native coral populations; designated by the Administrator under para-
and peer-reviews, to the entity that sub- ‘‘(ii) support captive breeding of rare coral graph (4) in the Atlantic and Pacific basins,
mitted the proposal, and each of those species; or respectively, and may contract with other
States, Tribal organizations, and other gov- ‘‘(iii) enhance resilience of native coral coral reef research centers within the same
ernment jurisdictions that provided com- populations to increasing ocean tempera- basin to support each institute’s capacity
ments under subparagraph (A). tures, ocean acidification, coral bleaching, and reach.
‘‘(e) CRITERIA FOR APPROVAL.—The Admin- and coral diseases through selective breed- ‘‘(3) FUNCTIONS.—The institutes established
istrator may not approve a proposal for a ing, conditioning, or other approaches that under paragraph (1) shall—
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S5432 CONGRESSIONAL RECORD — SENATE September 28, 2022
‘‘(A) conduct federally directed research to ity of the United States to understand, re- ‘‘(A) all activities associated with resource
fill national and regional coral reef eco- search, or monitor coral reef ecosystems, or management, such as monitoring, assess-
system research gaps and improve under- to develop management or adaptation op- ment, protection, restoration, sustainable
standing of, and responses to, continuing and tions to preserve, sustain, and restore coral use, management of habitat, and mainte-
emerging threats to the resilience of United reef ecosystems. nance or augmentation of genetic diversity;
States coral reef ecosystems consistent with ‘‘(c) PRIORITY PROGRAMS.—Priority shall be ‘‘(B) mapping;
the national coral reef resilience strategy in given to establishing programs under this ‘‘(C) scientific expertise and technical as-
effect under section 204A; section that address communities, environ- sistance in the development and implemen-
‘‘(B) support ecological research and moni- ments, or industries that are in distress as a tation of management strategies for marine
toring to study the effects of conservation result of the decline or degradation of coral protected areas and marine resources con-
and restoration activities funded by this reef ecosystems, including— sistent with the National Marine Sanc-
title on promoting more effective coral reef ‘‘(1) scientific research and monitoring tuaries Act (16 U.S.C. 1431 et seq.) and the
management and restoration; and that furthers the understanding of causes be- Magnuson-Stevens Fishery Conservation and
‘‘(C) through agreements— hind coral reef decline and degradation and Management Act (16 U.S.C. 1801 et seq.);
‘‘(i) collaborate directly with govern- the generally slow recovery following dis- ‘‘(D) law enforcement;
mental resource management agencies, coral turbances; ‘‘(E) conflict resolution initiatives;
reef stewardship partnerships, nonprofit or- ‘‘(2) the development of monitoring or ‘‘(F) community outreach and education;
ganizations, and other coral reef research management options for communities or in- and
centers designated under paragraph (4); dustries that are experiencing significant fi- ‘‘(G) promotion of safe and ecologically
‘‘(ii) assist in the development and imple- nancial hardship; sound navigation and anchoring.
mentation of— ‘‘(3) the development of adaptation options ‘‘(4) CORAL.—The term ‘coral’ means spe-
‘‘(I) the national coral reef resilience strat- to alleviate economic harm and job loss cies of the phylum Cnidaria, including—
egy under section 204A; caused by damage to coral reef ecosystems; ‘‘(A) all species of the orders Antipatharia
‘‘(II) coral reef action plans under section ‘‘(4) the development of measures to help (black corals), Scleractinia (stony corals),
205; and vulnerable communities or industries, with Alcyonacea (soft corals, organ pipe corals,
‘‘(III) coral reef emergency plans under an emphasis on rural communities and busi- gorgonians), and Helioporacea (blue coral),
section 209; nesses; and of the class Anthozoa; and
‘‘(iii) build capacity within governmental ‘‘(5) the development of adaptation and ‘‘(B) all species of the order Anthoathecata
resource management agencies to establish management options for impacted tourism (fire corals and other hydrocorals) of the
research priorities and translate and apply industries. class Hydrozoa.
research findings to management and res- ‘‘SEC. 217. AUTHORIZATION OF APPROPRIATIONS.
‘‘(5) CORAL PRODUCTS.—The term ‘coral
toration practices; and products’ means any living or dead speci-
‘‘(a) IN GENERAL.—There is authorized to
‘‘(iv) conduct public education and aware- mens, parts, or derivatives, or any product
be appropriated to the Administrator
ness programs for policymakers, resource containing specimens, parts, or derivatives,
$38,000,000 for each of fiscal years 2022
managers, and the general public on— of any species referred to in paragraph (4).
through 2026 to carry out this title, which ‘‘(6) CORAL REEF.—The term ‘coral reef’
‘‘(I) coral reefs and coral reef ecosystems; shall remain available until expended. means calcium carbonate structures in the
‘‘(II) best practices for coral reef eco- ‘‘(b) ADMINISTRATION.—Of the amounts au- form of a reef or shoal, composed in whole or
system management and restoration; thorized to be appropriated under subsection in part by living coral, skeletal remains of
‘‘(III) the value of coral reefs; and (a), not more than the lesser of $1,500,000 or coral, crustose coralline algae, and other as-
‘‘(IV) the threats to the sustainability of 10 percent of such amounts is authorized to sociated sessile marine plants and animals.
coral reef ecosystems. be appropriated for program administration ‘‘(7) CORAL REEF ECOSYSTEM.—The term
‘‘(4) CORAL REEF RESEARCH CENTERS.— or for overhead costs incurred by the Na- ‘coral reef ecosystem’ means—
‘‘(A) IN GENERAL.—The Administrator shall tional Oceanic and Atmospheric Administra- ‘‘(A) corals and other geographically and
periodically solicit applications and des- tion or the Department of Commerce and as- ecologically associated marine communities
ignate all qualifying institutions in a cov- sessed as an administrative charge. of other reef organisms (including reef plants
ered State as coral reef research centers. ‘‘(c) FEDERALLY DIRECTED RESEARCH AND and animals) associated with coral reef habi-
‘‘(B) CRITERIA.—An institution qualifies for CORAL REEF CONSERVATION PROGRAM tat; and
designation as a coral reef research center GRANTS.—From the amounts authorized to ‘‘(B) the biotic and abiotic factors and
under subparagraph (A) if the Administrator be appropriated under subsection (a), not less processes that affect coral physiology, coral-
determines that the institution— than $8,000,000 is authorized to be appro- algal symbiosis, and biodiversity in such
‘‘(i) is operated by an institution of higher priated for each of fiscal years 2022 through habitat.
education; 2026 to support purposes consistent with this ‘‘(8) CORAL REEF ECOSYSTEM SERVICES.—The
‘‘(ii) has established management-driven title, of which— term ‘coral reef ecosystem services’ means
national or regional coral reef research or ‘‘(1) not less than $3,500,000 is authorized to the attributes and benefits provided by coral
restoration programs; be appropriated for each such fiscal year for reef ecosystems including—
‘‘(iii) has demonstrated abilities to coordi- authorized activities under section 213; and ‘‘(A) protection of coastal beaches, struc-
nate closely with appropriate Federal and ‘‘(2) not less than $4,500,000 is authorized to tures, and infrastructure;
State agencies, as well as other academic be appropriated for each such fiscal year ‘‘(B) habitat for organisms of economic, ec-
and nonprofit organizations; and through cooperative agreements with the co- ological, biomedical, medicinal, and cultural
‘‘(iv) maintains significant local commu- operative institutes designated under section value;
nity engagement and outreach programs re- 215(c). ‘‘(C) serving as centers for the promulga-
lated to coral reef ecosystems. ‘‘(d) BLOCK GRANTS AND COOPERATIVE tion, performance, and training of cultural
‘‘(c) USE OF RESOURCES OF OTHER AGEN- AGREEMENTS.—There is authorized to be ap- practices representative of traditional eco-
CIES.—The Administrator may use, with con- propriated to the Administrator, $15,000,000 logical knowledge; and
sent and with or without reimbursement, the for each of fiscal years 2022 through 2026, ‘‘(D) aesthetic value.
land, services, equipment, personnel, and fa- which shall remain available until expended, ‘‘(9) COVERED REEF MANAGER.—
cilities of any agency or instrumentality of— to carry out section 207. ‘‘(A) IN GENERAL.—The term ‘covered reef
‘‘(1) the United States; ‘‘SEC. 218. DEFINITIONS. manager’ means a management unit of a
‘‘(2) any State or local government; ‘‘In this title: Federal agency specified in subparagraph (B)
‘‘(3) any Indian Tribe; or ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- with jurisdiction over a coral reef ecosystem,
‘‘(4) any foreign government not subject to trator’ means the Administrator of the Na- covered State, or coral reef stewardship part-
economic sanctions imposed by the United tional Oceanic and Atmospheric Administra- nership.
States. tion. ‘‘(B) FEDERAL AGENCIES SPECIFIED.—A Fed-
‘‘SEC. 216. CORAL REEF PRIZE COMPETITIONS. ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- eral agency specified in this subparagraph is
‘‘(a) IN GENERAL.—The head of any Federal TEES.—The term ‘appropriate congressional one of the following:
agency with a representative serving on the committees’ means the Committee on Com- ‘‘(i) The National Oceanic and Atmospheric
U.S. Coral Reef Task Force established by merce, Science, and Transportation of the Administration.
Executive Order No. 13089 (16 U.S.C. 6401 Senate and the Committee on Natural Re- ‘‘(ii) The National Park Service.
note; relating to coral reef protection), may, sources of the House of Representatives. ‘‘(iii) The United States Fish and Wildlife
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individually or in cooperation with one or ‘‘(3) CONSERVATION.—The term ‘conserva- Service.
more agencies, carry out a program to award tion’ means the use of methods and proce- ‘‘(iv) The Office of Insular Affairs.
prizes competitively under section 24 of the dures necessary to preserve or sustain geo- ‘‘(10) COVERED STATE.—The term ‘covered
Stevenson-Wydler Technology Innovation graphically appropriate corals and associ- State’ means Florida, Hawaii, and the terri-
Act of 1980 (15 U.S.C. 3719). ated species as diverse, viable, and self-per- tories of American Samoa, the Common-
‘‘(b) PURPOSES.—Any program carried out petuating coral reef ecosystems with mini- wealth of the Northern Mariana Islands,
under this section shall be for the purpose of mal impacts from invasive species, includ- Guam, Puerto Rico, and the United States
stimulating innovation to advance the abil- ing— Virgin Islands.
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5433
‘‘(11) INDIAN TRIBE.—The term ‘Indian ment actions to better preserve, conserve, (11) The Administrator of the Environ-
Tribe’ has the meaning given that term in and restore coral reef ecosystems, to be mental Protection Agency.
section 4 of the Indian Self-Determination known as the ‘‘United States Coral Reef (12) The Ambassador of the United States
and Education Assistance Act (25 U.S.C. Task Force’’ (in this subtitle referred to as Trade Representative.
5304). the ‘‘Task Force’’). (13) The Administrator of the National
‘‘(12) INSTITUTION OF HIGHER EDUCATION.— SEC. ll15A. DUTIES. Aeronautics and Space Administration.
The term ‘institution of higher education’ The duties of the Task Force shall be— (14) The Director of the National Science
has the meaning given that term in section (1) to coordinate, in cooperation with Foundation.
101 of the Higher Education Act of 1965 (20 State, Tribal, and local government part- (15) The Governor, or a representative of
U.S.C. 1001). ners, coral reef research centers designated the Governor, of each covered State.
‘‘(13) INTERESTED STAKEHOLDER GROUPS.— under section 215(c) of the Coral Reef Con- (b) NONVOTING MEMBERS.—The Task Force
The term ‘interested stakeholder groups’ in- servation Act of 2000 (as amended by subtitle shall have the following nonvoting members:
cludes community members such as busi- D), and other nongovernmental and aca- (1) A member appointed by the President of
nesses, commercial and recreational fisher- demic partners as appropriate, activities re- the Federated States of Micronesia.
men, other recreationalists, Federal, State, garding the mapping, monitoring, research, (2) A member appointed by the President of
Tribal, and local government units with re- conservation, mitigation, and restoration of the Republic of the Marshall Islands.
lated jurisdiction, institutions of higher edu- coral reefs and coral reef ecosystems; (3) A member appointed by the President of
cation, and nongovernmental organizations. (2) to monitor and advise regarding imple- the Republic of Palau.
‘‘(14) NONPROFIT ORGANIZATION.—The term mentation of the policy and Federal agency SEC. ll15C. RESPONSIBILITIES OF FEDERAL
‘nonprofit organization’ means an organiza- responsibilities set forth in— AGENCY MEMBERS.
tion that is described in section 501(c) of the (A) Executive Order No. 13089 (63 Fed. Reg. (a) IN GENERAL.—A member of the Task
Internal Revenue Code of 1986 and exempt 32701; relating to coral reef protection); and Force specified in paragraphs (1) through (15)
from tax under section 501(a) of such Code. (B) the national coral reef resilience strat- of section ll15B(a) shall—
‘‘(15) RESTORATION.—The term ‘restoration’ egy developed under section 204A of the (1) identify the actions of the agency that
means the use of methods and procedures Coral Reef Conservation Act of 2000, as member represents that may affect coral
necessary to enhance, rehabilitate, recreate, reef ecosystems;
amended by subtitle D;
or create a functioning coral reef or coral (2) utilize the programs and authorities of
(3) to work with the Secretary of State and
reef ecosystem, in whole or in part, within that agency to protect and enhance the con-
the Administrator of the United States
suitable waters of the historical geographic ditions of such ecosystems, including
Agency for International Development, and
range of such ecosystems, to provide ecologi- through the promotion of basic and applied
in coordination with the other members of
cal, economic, cultural, or coastal resiliency scientific research;
the Task Force—
services associated with healthy coral reefs (3) collaborate with the Task Force to ap-
(A) to assess the United States role in
and benefit native populations of coral reef propriately reflect budgetary needs for coral
international trade and protection of coral
organisms. reef conservation and restoration activities
species;
‘‘(16) RESILIENCE.—The term ‘resilience’ in all agency budget planning and justifica-
means the capacity for corals within their (B) to encourage implementation of appro-
priate strategies and actions to promote con- tion documents and processes; and
native range, coral reefs, or coral reef eco- (4) engage in any other coordinated efforts
systems to resist and recover from natural servation and sustainable use of coral reef
resources worldwide; and approved by the Task Force.
and human disturbances, and maintain (b) CO-CHAIRS.—In addition to their respon-
structure and function to provide coral reef (C) to collaborate with international com-
sibilities under subsection (a), the co-chairs
ecosystem services as determined by clearly munities successful in managing coral reefs;
of the Task Force shall administer perform-
identifiable, measurable, and science-based (4) to provide technical assistance for the
ance of the functions of the Task Force and
standards. development and implementation, as appro- facilitate the coordination of the members of
‘‘(17) STATE.—The term ‘State’ means— priate, of— the Task Force specified in paragraphs (1)
‘‘(A) any State of the United States that (A) the national coral reef resilience strat- through (15) of section ll15B(a).
contains a coral reef ecosystem within its egy under section 204A of the Coral Reef Con- SEC. ll15D. WORKING GROUPS.
seaward boundaries; servation Act of 2000, as amended by subtitle (a) IN GENERAL.—The co-chairs of the Task
‘‘(B) American Samoa, the Commonwealth D; Force may establish working groups as nec-
of the Northern Mariana Islands, Guam, (B) coral reef action plans under section essary to meet the goals and carry out the
Puerto Rico, or the United States Virgin Is- 205 of that Act; and duties of the Task Force.
lands; or (C) coral reef emergency plans under sec- (b) REQUESTS FROM MEMBERS.—The mem-
‘‘(C) any other territory of the United tion 209 of that Act; and bers of the Task Force may request that the
States or separate sovereign in free associa- (5) to produce a report each year, for sub- co-chairs establish a working group under
tion with the United States that contains a mission to the appropriate congressional subsection (a).
coral reef ecosystem within its seaward committees and publication on a publicly (c) PARTICIPATION BY NONGOVERNMENTAL
boundaries. available internet website of the Task Force, ORGANIZATIONS.—The co-chairs may allow
‘‘(18) STEWARDSHIP.—The term ‘steward- highlighting the status of the coral reef equi- nongovernmental organizations as appro-
ship’, with respect to a coral reef, includes ties of a covered State on a rotating basis, priate, including academic institutions, con-
conservation, restoration, and public out- including— servation groups, and commercial and rec-
reach and education. (A) a summary of recent coral reef man- reational fishing associations, to participate
‘‘(19) TASK FORCE.—The term ‘Task Force’ agement and restoration activities under- in a working group established under sub-
means the United States Coral Reef Task taken in that State; and section (a).
Force. (B) updated estimates of the direct and in- (d) NONAPPLICABILITY OF FEDERAL ADVI-
direct economic activity supported by, and SORY COMMITTEE ACT.—The Federal Advisory
‘‘(20) TRIBAL ORGANIZATION.—The term
‘Tribal organization’ has the meaning given other benefits associated with, those coral Committee Act (5 U.S.C. App.) shall not
the term ‘tribal organization’ in section 3765 reef equities. apply to working groups established under
SEC. ll15B. MEMBERSHIP. this section.
of title 38, United States Code.’’.
(c) CONFORMING AMENDMENT TO NATIONAL (a) VOTING MEMBERSHIP.—The Task Force SEC. ll15E. DEFINITIONS.
OCEANS AND COASTAL SECURITY ACT.—Sec- shall have the following voting members: In this subtitle:
tion 905(a) of the National Oceans and Coast- (1) The Secretary of Commerce, acting (1) APPROPRIATE CONGRESSIONAL COMMIT-
al Security Act (16 U.S.C. 7504(a)) is amended through the Administrator of the National TEES.—The term ‘‘appropriate congressional
by striking ‘‘and coastal infrastructure’’ and Oceanic and Atmospheric Administration, committees’’ means the Committee on Com-
inserting ‘‘, coastal infrastructure, and eco- and the Secretary of the Interior, who shall merce, Science, and Transportation of the
system services provided by natural systems be co-chairs of the Task Force. Senate and the Committee on Natural Re-
such as coral reefs’’. (2) The Administrator of the United States sources of the House of Representatives.
SEC. ll14A. MODIFICATION TO SECTION 204 OF Agency for International Development. (2) CONSERVATION, CORAL, CORAL REEF,
THE CORAL REEF CONSERVATION (3) The Secretary of Agriculture. ETC.—The terms ‘‘conservation’’, ‘‘coral’’,
ACT OF 2000. (4) The Secretary of Defense. ‘‘coral reef’’, ‘‘coral reef ecosystem’’, ‘‘cov-
Section 204 of the Coral Reef Conservation (5) The Secretary of the Army, acting ered State’’, ‘‘restoration’’, ‘‘resilience’’, and
Act of 2000 (16 U.S.C. 6403) is amended— through the Assistant Secretary of the Army ‘‘State’’ have the meaning given those terms
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(1) in subsection (a), by striking ‘‘this sec- for Civil Works. in section 218 of the Coral Reef Conservation
tion’’ and inserting ‘‘section 213’’; and (6) The Secretary of Homeland Security, Act of 2000, as amended by subtitle D.
(2) by striking subsections (c) through (j). acting through the Administrator of the Subtitle F—Department of the Interior Coral
Subtitle E—United States Coral Reef Task Federal Emergency Management Agency. Reef Authorities
Force (7) The Commandant of the Coast Guard. SEC. ll16. CORAL REEF CONSERVATION AND
SEC. ll15. ESTABLISHMENT. (8) The Attorney General. RESTORATION ASSISTANCE.
There is established a task force to lead, (9) The Secretary of State. (a) IN GENERAL.—The Secretary of the In-
coordinate, and strengthen Federal Govern- (10) The Secretary of Transportation. terior, in addition to activities authorized
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S5434 CONGRESSIONAL RECORD — SENATE September 28, 2022
under section 203 of the Coral Reef Conserva- SEC. ll17A. ESTABLISHMENT OF FELLOWSHIP ‘‘(1) The Secretary shall make grants from
tion Act of 2000, as amended by this title, PROGRAM. the fund established under subsection (b)
may provide scientific expertise, technical (a) IN GENERAL.—There is established a Na- to—
assistance, and financial assistance for the tional Coral Reef Management Fellowship ‘‘(A) assist persons in carrying out re-
conservation and restoration of coral reefs Program. search and development projects addressed
consistent with all applicable laws governing (b) PURPOSES.—The purposes of the fellow- to any aspect of United States marine fish-
resource management in Federal, State, and ship are— eries, including harvesting, processing, pack-
Tribal waters, including— (1) to encourage future leaders of the aging, marketing, and associated infrastruc-
(1) the national coral reef resilience strat- United States to develop additional coral
tures; or
egy in effect under section 204A of the Coral reef management capacity in States and
‘‘(B) assist persons to market and promote
Reef Conservation Act of 2000, as amended by local communities with coral reefs;
the consumption of—
this title; (2) to provide management agencies of
‘‘(i) local or domestic marine fishery prod-
(2) coral reef action plans in effect under States, Tribal organizations, and Freely As-
ucts;
section 205 of that Act, as applicable; and sociated States with highly qualified can-
‘‘(ii) environmentally and climate-friendly
(3) coral reef emergency plans in effect didates whose education and work experience
marine fishery products that minimize and
under section 209 of that Act, as applicable. meet the specific needs of each State, Indian
employ efforts to avoid bycatch and impacts
(b) OFFICE OF INSULAR AFFAIRS CORAL REEF Tribe, and Freely Associated State; and
on marine mammals;
INITIATIVE.—The Secretary of the Interior (3) to provide fellows with professional ex-
‘‘(iii) invasive species; or
may establish within the Office of Insular perience in management of coastal and coral
‘‘(iv) well-managed but less known spe-
Affairs a Coral Reef Initiative Program— reef resources.
cies.’’.
(1) to provide grant funding to support SEC. ll17B. FELLOWSHIP AWARDS.
local management, conservation, and protec- (a) IN GENERAL.—The Administrator, in co- Subtitle I—Insular Affairs
tion of coral reef ecosystems in— ordination with the Secretary of the Inte- SEC. ll19. OCEAN AND COASTAL MAPPING INTE-
(A) insular areas of covered States; and rior, shall award the fellowship in accord- GRATION ACT.
(B) Freely Associated States; ance with this section. Section 12204 of the Ocean and Coastal
(2) to complement the other conservation (b) TERM OF FELLOWSHIP.—A fellowship Mapping Integration Act (33 U.S.C. 3503) is
and assistance activities conducted under awarded under this section shall be for a amended—
this subtitle; and term of not more than 24 months. (1) in paragraph (12) by striking ‘‘and’’;
(c) QUALIFICATIONS.—The Administrator, in (2) in paragraph (13) by striking the period
(3) to provide other technical, scientific,
coordination with the Secretary of the Inte- at the end and inserting ‘‘; and’’; and
and financial assistance and conduct con-
rior, shall award the fellowship to individ- (3) by adding at the end the following:
servation activities that advance the purpose
uals who have demonstrated— ‘‘(14) the study of insular areas and the ef-
of this subtitle.
(1) an intent to pursue a career in marine fects of climate change.’’.
(c) CONSULTATION WITH THE DEPARTMENT
OF COMMERCE.—The Secretary of the Interior
services and outstanding potential for such a
career; Subtitle J—Studies and Reports
may consult with the Secretary of Com-
(2) leadership potential, actual leadership SEC. ll20. DEEP SEA MINING.
merce regarding the conduct of any activi-
ties to conserve and restore coral reefs and experience, or both; Not later than 90 days after the date of the
coral reef ecosystems in waters managed (3) a college or graduate degree in biologi- enactment of this Act, the Secretary of Com-
under the jurisdiction of the Federal agen- cal science, experience that correlates with merce, acting through the Administrator of
cies specified in paragraphs (2) and (3) of sec- aptitude and interest for marine manage- the National Oceanic and Atmospheric Ad-
tion 203(c) of the Coral Reef Conservation ment, or both; ministration, shall seek to enter into an
Act of 2000, as amended by this title. (4) proficient writing and speaking skills; agreement with the National Academies of
(d) COOPERATIVE AGREEMENTS.—The Sec- and Science, Engineering, and Medicine to con-
retary of the Interior may enter into cooper- (5) such other attributes as the Adminis- duct a comprehensive assessment of the en-
ative agreements with covered reef managers trator, in coordination with the Secretary of vironmental impacts of deep seabed mining,
to fund coral reef conservation and restora- the Interior, consider appropriate. including—
tion activities in waters managed under the SEC. ll17C. AUTHORIZATION OF APPROPRIA- (1) characterization of deep seabed eco-
jurisdiction of such managers that— TIONS. systems;
(1) are consistent with the national coral There are authorized to be appropriated to (2) assessment of potential impacts to deep
reef resilience strategy in effect under sec- the Administrator to carry out this subtitle seabed habitat and species from exploratory
tion 204A of the Coral Reef Conservation Act for each of fiscal years 2022 through 2026, or extractive activities;
of 2000, as amended by this title; and $1,500,000, to remain available until ex- (3) assessment of the potential impacts of
(2) support and enhance the success of— pended. sediment plumes from disturbance of the
(A) coral reef action plans in effect under Subtitle H—Buy American Seafood deep seabed on the pelagic food chain; and
section 205 of that Act; and SEC. ll18. SENSE OF CONGRESS. (4) approximate quantification of the
(B) coral reef emergency plans in effect It is the sense of Congress that— greenhouse gas emissions associated with
under section 209 of that Act. (1) American wild-caught seafood is inte- deep seabed mining, including emissions pos-
(e) DEFINITIONS.—In this section, the terms gral to the Nation’s food supply and to sibly from the release of greenhouse gases se-
‘‘conservation’’, ‘‘coral reef’’, ‘‘covered reef American food security; questered in the seabed.
manager’’, ‘‘covered State’’, ‘‘restoration’’, (2) the seafood supply chain is often long SEC. ll20A. NATIONAL ACADEMIES ASSESS-
and ‘‘State’’ have the meaning given those and complex; MENT OF OCEANIC BLUE CARBON.
terms in section 218 of the Coral Reef Con- (3) American caught and American-proc- Not later than 90 days after the date of the
servation Act of 2000, as amended by this essed seafood especially from small-scale enactment of this Act, the Secretary of Com-
title. fishery operations, can be a sustainable merce, acting through the Administrator of
(f) AUTHORIZATION OF APPROPRIATIONS.— healthy source of protein and micronutri- the National Oceanic and Atmospheric Ad-
There is authorized to be appropriated to the ents; ministration shall seek to enter into an
Secretary of the Interior to carry out this (4) fresh, frozen, dried, and canned domes- agreement with the National Academies of
subtitle for each of fiscal years 2023 to 2027, tic seafood can be produced, processed, pack- Science, Engineering, and Medicine to con-
$4,000,000. aged, and transported in a manner that has duct a comprehensive assessment of oceanic
Subtitle G—Susan L. Williams National Coral a low carbon footprint; blue carbon, including—
Reef Management Fellowship (5) marine species that are small, at lower (1) the impacts of marine species decline
SEC. ll17. DEFINITIONS. trophic levels, and pelagic typically have the on carbon sequestration potential in ocean
In this subtitle: smallest carbon footprint; and ecosystems, an estimate of the global carbon
(1) ADMINISTRATOR.—The term ‘‘Adminis- (6) therefore, any executive agency that dioxide mitigation potential of protecting or
trator’’ means the Administrator of the Na- purchases seafood products should, to the ex- recovering populations of fish and marine
tional Oceanic and Atmospheric Administra- tent practicable, buy local American-caught mammals, and the ecological considerations
tion. or American-harvested and American-proc- of such conservation strategies;
(2) FELLOW.—The term ‘‘fellow’’ means a essed seafood products from fisheries that (2) an analysis of the geologic stores of car-
National Coral Reef Management Fellow. are not overfished or experiencing over- bon and deep sea storage of dissolved carbon
(3) FELLOWSHIP.—The term ‘‘fellowship’’ fishing, in order to support sustainable local in the deep seafloor environment, including
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means the National Coral Reef Management seafood businesses, reduce greenhouse gas current and potential natural long-term car-
Fellowship established in section ll17A. emissions associated with the seafood prod- bon storage, identification of gaps in sci-
(4) INDIAN TRIBE; TRIBAL ORGANIZATION.— uct supply chain, and reduce dependence on entific understanding, observations, and data
The terms ‘‘Indian Tribe’’ and ‘‘Tribal orga- imported seafood products. regarding such geologic and deep sea carbon
nization’’ have the meanings given those SEC. ll18A. CAUGHT IN THE USA. storage; and
terms in section 4 of the Indian Self-Deter- Section 2(c)(1) of the Act of August 11, 1939 (3) the potential impacts to oceanic blue
mination and Education Assistance Act (25 (15 U.S.C. 713c–3(c)(1)) is amended to read as carbon storage by human activities includ-
U.S.C. 5304). follows: ing energy development activities, deep sea
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5435
mining, deep sea carbon capture technology, Americans, Alaska Natives, and Native Ha- tion 307 of the Magnuson-Stevens Fishery
and other disturbances to the sea floor and waiians; Conservation and Management Act (16 U.S.C.
gas hydrate disruption atop the seabed. (4) recommending best management prac- 1857) and shall be penalized pursuant to sec-
SEC. ll20B. NATIONAL ACADEMIES ASSESS- tices related to sustainable feed for the off- tion 308 of that Act (16 U.S.C. 1858).
MENT OF OIL SPILLS AND PLASTIC shore aquaculture industry, including best (b) EXCEPTIONS.—A person may possess a
INGESTION ON SEA LIFE. practices for sourcing from sustainably man- shark fin that was taken lawfully under a
Not later than 90 days after the date of the aged fisheries and traceability of source fish State, territorial, or Federal license or per-
enactment of this Act, the Secretary of Com- meal ingredients; mit to take or land sharks, if the shark fin
merce, acting through the Administrator of (5) evaluation of the potential impact of was separated after the first point of landing
the National Oceanic and Atmospheric Ad- offshore aquaculture on the economies of in a manner consistent with the license or
ministration, shall seek to enter into an coastal communities, particularly those de- permit and is—
agreement with the National Academies of pendent on traditional fishery resources; and (1) destroyed or disposed of immediately
Science, Engineering, and Medicine to con- (6) assessment of the impacts of growing upon separation from the carcass;
duct a comprehensive assessment of the en- international offshore aquaculture oper- (2) used for noncommercial subsistence
vironmental impacts of plastic ingestion and ations on the United States seafood market purposes in accordance with State or terri-
oil and other fossil fuel spills on sea life, in- and domestic seafood producers, including torial law; or
cluding— dependence of the United States on foreign- (3) used solely for display or research pur-
(1) assessment of the potential health and sourced seafood. poses by a museum, college, or university, or
ecological impacts of plastic ingestion on SEC. ll20D. EXPANDING OPPORTUNITIES TO IN- other person under a State or Federal permit
marine life; CREASE THE DIVERSITY, EQUITY, to conduct noncommercial scientific re-
(2) assessment of the types of plastics most AND INCLUSION OF HIGHLY search.
commonly ingested by marine life and the SKILLED SCIENCE, TECHNOLOGY, (c) DOGFISH.—
ENGINEERING, AND MATHEMATICS (1) IN GENERAL.—It shall not be a violation
types that have the most damaging health
(‘‘STEM’’) PROFESSIONALS IN OCEAN
and ecosystem impacts, and recommenda- of subsection (b) for any person to possess,
RESEARCH AND DEVELOPMENT.
tions for preventing and eliminating these acquire, receive, transport, offer for sale,
(a) IN GENERAL.—The Secretary of Com- sell, or purchase any fresh or frozen unproc-
plastics from the environment;
merce shall expand opportunities to increase essed fin or tail from any stock of the species
(3) quantification of the economic impacts
the number and the diversity, equity, and in- Mustelus canis (smooth dogfish) or Squalus
of plastic pollution including the costs of
clusion of highly skilled science, technology, acanthias (spiny dogfish).
cleanup, impacts on lost tourism, impacts on
engineering, and mathematics (‘‘STEM’’) (2) REPORT.—By not later than January 1,
aquaculture and fishing, and other economic
professionals working in National Oceanic 2027, the Secretary of Commerce shall review
impacts identified by the Academy;
and Atmospheric Administration mission- the exemption contained in paragraph (1)
(4) assessment and quantification of the
relevant disciplines and broaden the recruit- and shall prepare and submit to Congress a
health and ecological impacts oil and other
ment pool to increase diversity, including report that includes a recommendation on
fossil fuel spills, flares, pipeline leaks, and
expanded partnerships with minority-serving whether the exemption contained in para-
extraction, including greenhouse gas emis-
institutions, historically Black colleges and graph (1) should continue or be terminated.
sions, have on marine life;
universities, Tribal colleges and universities, In preparing such report and making such
(5) quantification of the cost and effective-
non-research universities, two-year tech- recommendation, the Secretary shall ana-
ness of cleaning up oil and other fossil fuel
nical degrees, and scientific societies. lyze factors including—
spills, flares, and pipeline leaks, and repair-
(b) AUTHORIZATION OF INDEPENDENT ORGA- (A) the economic viability of dogfish fish-
ing damage to marine life, coasts, and busi-
NIZATION.—The Secretary shall authorize a
nesses; eries with and without the continuation of
nonpartisan and independent 501(c)(3) organi- the exemption;
(6) quantification of the number of people
zation to build the public-private partner- (B) the impact to ocean ecosystems of con-
employed in fossil fuel extraction on Federal
ships necessary to achieve these priorities. tinuing or terminating the exemption;
waters with breakdown by State;
(c) DEFINITIONS.—In this section: (C) the impact on enforcement of the ban
(7) quantification of the number of people
(1) MINORITY-SERVING INSTITUTION.—The contained in subsection (b) caused by the ex-
employed in marine tourism and the blue
term ‘‘minority-serving institution’’ in- emption; and
economy, including the fishing and seafood
cludes the entities described in paragraphs (D) the impact of the exemption on shark
industries, impacted by plastic, oil, and
(1) through (7) of section 371(a) of the Higher conservation.
other fossil fuel pollution; and
Education Act of 1965 (20 U.S.C. 1067q(a)). (d) DEFINITION OF SHARK FIN.—In this sec-
(8) assessment and quantification of
(2) HISTORICALLY BLACK COLLEGES AND UNI- tion, the term ‘‘shark fin’’ means—
riverine sources of coastal plastic pollution
VERSITIES.—The term ‘‘historically Black (1) the unprocessed or dried or otherwise
in the United States, including a breakdown
colleges and universities’’ has the meaning processed detached fin of a shark; or
by sources that includes but is not limited to
given the term ‘‘part B institution’’ in sec- (2) the unprocessed or dried or otherwise
the Mississippi River.
tion 322 of the Higher Education Act of 1965 processed detached tail of a shark.
SEC. ll20C. OFFSHORE AQUACULTURE.
(20 U.S.C. 1061). (e) ENFORCEMENT.—The provisions of this
Not later than 24 months after the date of (3) TRIBAL COLLEGES AND UNIVERSITIES.—
enactment of this Act, the Secretary of Com- section, and any regulations issued pursuant
The term ‘‘Tribal college or university’’ has thereto, shall be enforced by the Secretary of
merce, acting through the Administrator of the meaning given such term in section 316
the National Oceanic and Atmospheric Ad- Commerce. The Secretary may use by agree-
of the Higher Education Act of 1965 (20 U.S.C. ment, with or without reimbursement, the
ministration, shall enter into an agreement 1059c).
with the Board of Ocean Studies and Board personnel, services, equipment, and facilities
SEC. ll20E. STUDY ON EFFECTS OF 6PPD-QUI- of any other Federal agency or any State
Science, Technology, and Economic Policy NONE.
of the National Academies of Sciences, Engi- agency or Indian Tribe for purposes of en-
Not later than 90 days after the date of the forcing this section.
neering, and Medicine to conduct a com- enactment of this Act, the Secretary of Com- (f) STATE AUTHORITY.—Nothing in this sec-
prehensive assessment on the development of merce, acting through the Administrator of tion may be construed to preclude, deny, or
offshore aquaculture in the exclusive eco- the National Oceanic and Atmospheric Ad- limit any right of a State or territory to
nomic zone including— ministration, shall seek to enter into an adopt or enforce any regulation or standard
(1) assessment of the potential environ- agreement with the National Academies of that is more stringent than a regulation or
mental impacts of offshore aquaculture oper- Science, Engineering, and Medicine to con- standard in effect under this section.
ations, including an evaluation on the risks duct a study on the effects of 6PPD-quinone (g) SEVERABILITY.—If any provision of this
of siting, water pollution, habitat impact, es- on salmonids, aquatic species, and water- section or its application to any person or
cape of farmed species on wild population sheds, including an economic analysis of de- circumstance is held invalid, the invalidity
stocks, waste treatment and disposal, feed clining salmon populations in the United does not affect other provisions or applica-
operations, and the cumulative risks of mul- States and the effect of such declining popu- tions of this section which can be given ef-
tiple aquaculture operations in shared eco- lations have on importation of salmon from fect without the invalid provision or applica-
systems; other countries. tion, and to this end the provisions of this
(2) evaluation of the potential for offshore
Subtitle K—Shark Fin Sales Elimination section are severable.
aquaculture to serve as a tool for environ-
mental management, including connections SEC. ll21. SHARK FIN SALES ELIMINATION. Subtitle L—Bolstering Long-term Under-
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to water quality, watershed management, (a) PROHIBITION ON SALE OF SHARK FINS.— standing and Exploration of the Great
and fishery conservation and management; (1) PROHIBITION.—Except as provided in Lakes, Oceans, Bays, and Estuaries
(3) identification of existing control tech- subsection (c), no person shall possess, ac- SEC. ll22. PURPOSE.
nologies, management practices and regu- quire, receive, transport, offer for sale, sell, The purpose of this subtitle is to promote
latory strategies to minimize the environ- or purchase shark fins or products con- and support—
mental impact of offshore aquaculture oper- taining shark fins. (1) the monitoring, understanding, and ex-
ations, including from traditional aqua- (2) PENALTY.—A violation of paragraph (1) ploration of the Great Lakes, oceans, bays,
culture methods and practices of Native shall be treated as an act prohibited by sec- estuaries, and coasts; and
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S5436 CONGRESSIONAL RECORD — SENATE September 28, 2022
(2) the collection, analysis, synthesis, and measurements of the Great Lakes, oceans, (2) in paragraph (2), by inserting ‘‘,
sharing of data related to the Great Lakes, bays, estuaries, and coasts, including ocean- skillsets, or credentials’’ after ‘‘degrees’’;
oceans, bays, estuaries, and coasts to facili- ographic data; and (3) in paragraph (3), by inserting ‘‘or highly
tate science and operational decision mak- (2) support cross-agency and multi-plat- qualified technical professionals and
ing. form synergy, by coordinating overlapping tradespeople’’ after ‘‘atmospheric sci-
SEC. ll22A. SENSE OF CONGRESS. data collection by satellites, buoys, sub- entists’’;
It is the sense of Congress that— marines, gliders, vessels, and other data col- (4) in paragraph (4), by inserting ‘‘,
(1) agencies should optimize data collec- lection vehicles and technologies. skillsets, or credentials’’ after ‘‘degrees’’;
tion, management, and dissemination, to the (b) FEDERAL GEOGRAPHIC DATA COM- (5) in paragraph (5)—
extent practicable, to maximize their impact MITTEE.—In addition to its responsibilities as (A) by striking ‘‘scientist’’; and
for research, commercial, regulatory, and of the date of the enactment of this Act, and (B) by striking ‘‘; and’’ and inserting ‘‘, ob-
educational benefits and to foster innova- in consultation with the National Geospatial servations, and monitoring;’’
tion, scientific discoveries, the development Advisory Committee, the Federal Geo- (6) in paragraph (6), by striking ‘‘into Fed-
of commercial products, and the develop- graphic Data Committee shall— eral’’ and all that follows and inserting ‘‘,
ment of sound policy with respect to the (1) work with international coordinating technical professionals, and tradespeople
Great Lakes, oceans, bays, estuaries, and bodies, as necessary, to ensure robust, con- into Federal career positions;’’
coasts; tinuous measurements of the Great Lakes, (7) by redesignating paragraphs (2) through
(2) agencies should consider current and fu- oceans, bays, estuaries, and coasts, including (6) as paragraphs (3) through (7), respec-
ture needs relating to supercomputing capac- satellite and geospatial data; and tively;
ity, data storage capacity, and public access, (2) support new and old data and metadata (8) by inserting after paragraph (1) the fol-
address gaps in those areas, and coordinate certification, quality assurance, quality con- lowing:
across agencies as needed; trol, integration, and archiving. ‘‘(2) whether there is a shortage in the
(c) INTERAGENCY COMMITTEE ON OCEAN AND number of individuals with technical or
(3) the United States is a leading member
COASTAL MAPPING.—In addition to its re- trade-based skillsets or credentials suited to
of the Intergovernmental Oceanographic
sponsibilities as of the date of the enactment a career in oceanic and atmospheric data
Commission of the United Nations Edu-
of this Act, and in consultation with its asso- collection, processing, satellite production,
cational, Scientific and Cultural Organiza-
ciated advisory panel authorized by section or satellite operations;’’; and
tion, a founding member of the Atlantic
12203(g) of the Ocean and Coastal Mapping (9) by adding at the end the following:
Ocean Research Alliance, and a key partner
Integration Act (33 U.S.C. 3502(g)), the Inter- ‘‘(8) workforce diversity and actions the
in developing the United Nations Decade of agency Committee on Ocean and Coastal
Ocean Science for Sustainable Development; Federal Government can take to increase di-
Mapping shall— versity in the scientific workforce; and
(4) the Integrated Ocean Observing System (1) work with international coordinating
and the Global Ocean Observing System are ‘‘(9) actions the Federal Government can
bodies, as necessary, to ensure robust, con- take to shorten the hiring backlog for such
key assets and networks that bolster under- tinuous satellite and direct measurements of
standing of the marine environment; workforce.’’.
the Great Lakes, oceans, bays, estuaries, and
(5) the National Oceanographic Partner- (b) COORDINATION.—Section 303(b) of the
coasts, including bathymetric data; and
ship Program is a meaningful venue for col- America COMPETES Reauthorization Act of
(2) make recommendations on how to make
laboration and coordination among Federal 2010 (33 U.S.C. 893c(b)) is amended by striking
data, metadata, and model output accessible
agencies, scientists, and ocean users; ‘‘Secretary of Commerce’’ and inserting
to a broader public audience, including
(6) the National Centers for Environmental ‘‘Under Secretary of Commerce for Oceans
through geographic information system lay-
Information of the National Oceanic and At- and Atmosphere’’.
ers, graphics, and other visuals.
mospheric Administration should be looked (c) REPORT.—Section 303(c) of the America
SEC. ll22D. TECHNOLOGY INNOVATION TO
to by other Federal agencies as a primary, COMBAT ILLEGAL, UNREPORTED,
COMPETES Reauthorization Act of 2010 (33
centralized repository for Federal ocean AND UNREGULATED FISHING. U.S.C. 893c(c)) is amended—
data; (a) DEFINITIONS.—Section 3532 of the Mari- (1) by striking ‘‘the date of enactment of
(7) the Marine Cadastre, a joint effort of time Security and Fisheries Enforcement this Act’’ and inserting ‘‘the date of the en-
the National Oceanic and Atmospheric Ad- Act (16 U.S.C. 8001) is amended— actment of the Coast Guard Authorization
ministration and the Bureau of Ocean En- (1) by redesignating paragraphs (6) through Act of 2022’’;
ergy Management, provides access to data (13) as paragraphs (7) through (14), respec- (2) by striking ‘‘Secretary of Commerce’’
and information for specific issues and ac- tively; and and inserting ‘‘Under Secretary of Commerce
tivities in ocean resources management to (2) by inserting after paragraph (5) the fol- for Oceans and Atmosphere’’; and
meet the needs of offshore energy and plan- lowing: (3) by striking ‘‘to each committee’’ and
ning efforts; ‘‘(6) INNOVATIVE TECHNOLOGIES.—The term all that follows through ‘‘section 302 of this
(8) the regional associations of the Inte- ‘innovative technologies’ includes the fol- Act’’ and inserting ‘‘to the Committee on
grated Ocean Observing System, certified by lowing: Commerce, Science, and Transportation of
the National Oceanic and Atmospheric Ad- ‘‘(A) Improved satellite imagery and track- the Senate and the Committee on Natural
ministration for the quality and reliability ing. Resources and the Committee on Science,
of their data, are important sources of obser- ‘‘(B) Advanced electronic monitoring Space, and Technology of the House of Rep-
vation information for the Great Lakes, equipment. resentatives’’.
oceans, bays, estuaries, and coasts; and ‘‘(C) Vessel location data. (d) PROGRAM AND PLAN.—Section 303(d) of
(9) the Regional Ocean Partnerships and ‘‘(D) Improved genetic, molecular, or other the America COMPETES Reauthorization
regional data portals, which provide publicly biological methods of tracking sources of Act of 2010 (33 U.S.C. 893c(d)) is amended—
available tools such as maps, data, and other seafood. (1) by striking ‘‘Administrator of the Na-
information to inform decisions and enhance ‘‘(E) Electronic catch documentation and tional Oceanic and Atmospheric Administra-
marine development, should be supported by traceability. tion’’ and inserting ‘‘Under Secretary of
and viewed as collaborators with Federal ‘‘(F) Such other technologies as the Ad- Commerce for Oceans and Atmosphere’’; and
agencies and ocean users. ministrator of the National Oceanic and At- (2) by striking ‘‘academic partners’’ and all
SEC. ll22B. DEFINITION OF ADMINISTRATOR. mospheric Administration considers appro- that follows and inserting ‘‘academic part-
In this subtitle, the term ‘‘Administrator’’ priate.’’. ners.’’.
means the Under Secretary of Commerce for (b) TECHNOLOGY PROGRAMS.—Section 3546 SEC. ll22F. ACCELERATING INNOVATION AT CO-
Oceans and Atmosphere in the Under Sec- of the Maritime Security and Fisheries En- OPERATIVE INSTITUTES.
retary’s capacity as Administrator of the forcement Act (16 U.S.C. 8016) is amended— (a) FOCUS ON EMERGING TECHNOLOGIES.—
National Oceanic and Atmospheric Adminis- (1) in paragraph (3), by striking ‘‘and’’ The Administrator of the National Oceanic
tration. after the semicolon; and Atmospheric Administration shall en-
SEC. ll22C. INCREASED COORDINATION AMONG (2) in paragraph (4), by striking the period sure that the goals of the Cooperative Insti-
AGENCIES WITH RESPECT TO DATA at the end and inserting ‘‘; and’’; and tutes of the National Oceanic and Atmos-
AND MONITORING. (3) by adding at the end the following: pheric Administration include focusing on
(a) INTERAGENCY OCEAN OBSERVATION COM- ‘‘(5) coordinating the application of exist- advancing or applying emerging tech-
MITTEE.—In addition to its responsibilities as ing innovative technologies and the develop- nologies, which may include—
of the date of the enactment of this Act, and ment of emerging innovative technologies.’’. (1) applied uses and development of real-
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in consultation with the associated advisory SEC. ll22E. WORKFORCE STUDY. time and other advanced genetic tech-
committee authorized by section 12304(d) of (a) IN GENERAL.—Section 303(a) of the nologies and applications, including such
the Integrated Coastal and Ocean Observa- America COMPETES Reauthorization Act of technologies and applications that derive ge-
tion System Act of 2009 (33 U.S.C. 3603(d)), 2010 (33 U.S.C. 893c(a)) is amended— netic material directly from environmental
the Interagency Ocean Observation Com- (1) in the matter preceding paragraph (1), samples without any obvious signs of bio-
mittee shall— by striking ‘‘Secretary of Commerce’’ and in- logical source material;
(1) work with international coordinating serting ‘‘Under Secretary of Commerce for (2) deployment of, and improvements to,
bodies, as necessary, to ensure robust, direct Oceans and Atmosphere’’; the durability, maintenance, and other
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5437
lifecycle concerns of advanced unmanned ve- (14) Such other areas as may be identified tem (NAICS) reporting codes to reflect the
hicles, regional small research vessels, and by the Administrator. Blue Economy; and
other research vessels that support and (c) PRIORITIZATION OF PROPOSALS.—In se- (3) provides a comprehensive estimate of
launch unmanned vehicles and sensors; and lecting recipients of Small Business Innova- the value and impact of the Blue Economy
(3) supercomputing and big data manage- tion Research (SBIR) and Small Business with respect to each State and territory of
ment, including data collected through elec- Technology Transfer (STTR) solicitations the United States, including—
tronic monitoring and remote sensing. and interagency grants for ocean innovation, (A) the value and impact of—
(b) DATA SHARING.—Each Cooperative In- including the National Oceanographic Part- (i) economic activities that are dependent
stitute shall ensure that data collected from nership Program, the Administrator shall upon the resources of the Great Lakes,
the work of the institute, other than classi- prioritize proposals for fiscal years 2023 and oceans, bays, estuaries, and coasts;
fied, confidential, or proprietary data, are 2024 that address at least one of the areas (ii) the population and demographic char-
archived and made publicly accessible. specified in subsection (b). acteristics of the population along the
(c) COORDINATION WITH OTHER PROGRAMS.— coasts;
SEC. ll22H. REAUTHORIZATION OF NOAA PRO-
The Cooperative Institutes shall work with GRAMS. (iii) port and shoreline infrastructure;
the Interagency Ocean Observation Com- (iv) the volume and value of cargo shipped
Section 306 of the Hydrographic Services
mittee, the regional associations of the Inte- by sea or across the Great Lakes; and
Improvement Act of 1998 (33 U.S.C. 892d) is
grated Ocean Observing System, and other (v) data collected from the Great Lakes,
amended—
ocean observing programs to coordinate oceans, bays, estuaries, and coasts, including
technology needs and the transition of new (1) in paragraph (1), by striking ‘‘$70,814,000
for each of fiscal years 2019 through 2023’’ such data collected by businesses that pur-
technologies from research to operations. chase and commodify the data, including
SEC. ll22G. OCEAN INNOVATION PRIZE AND
and inserting ‘‘$71,000,000 for each of fiscal
years 2023 through 2026’’; weather prediction and seasonal agricultural
PRIORITIZATION.
(2) in paragraph (2), by striking ‘‘$25,000,000 forecasting; and
(a) OCEAN INNOVATIVE PRIZES.—Not later (B) to the extent possible, the qualified
than 4 years after the date of the enactment for each of fiscal years 2019 through 2023’’
and inserting ‘‘$34,000,000 for each of fiscal value and impact of the natural capital of
of this Act, and under the authority provided the Great Lakes, oceans, bays, estuaries, and
by section 24 of the Stevenson-Wydler Tech- years 2023 through 2026’’;
(3) in paragraph (3), by striking ‘‘$29,932,000 coasts with respect to tourism, recreation,
nology Innovation Act of 1980 (15 U.S.C. 3719), natural resources, and cultural heritage, in-
the Administrator of the National Oceanic for each of fiscal years 2019 through 2023’’
and inserting ‘‘$38,000,000 for each of fiscal cluding other indirect values.
and Atmospheric Administration, in con-
years 2023 through 2026’’; SEC. ll22J. ADVANCED RESEARCH PROJECTS
sultation with the heads of relevant Federal AGENCY–OCEANS.
agencies, including the Secretary of Defense, (4) in paragraph (4), by striking ‘‘$26,800,000
(a) AGREEMENT.—Not later than 45 days
and in conjunction with nongovernmental for each of fiscal years 2019 through 2023’’
after the date of the enactment of this Act,
partners, as appropriate and at the discre- and inserting ‘‘$45,000,000 for each of fiscal
the Administrator of the National Oceanic
tion of the Administrator, shall establish at years 2023 through 2026’’; and
and Atmospheric Administration shall seek
least one Ocean Innovation Prize to catalyze (5) in paragraph (5), by striking ‘‘$30,564,000 to enter into an agreement with the Na-
the rapid development and deployment of for each of fiscal years 2019 through 2023’’ tional Academy of Sciences to conduct the
data collection and monitoring technology and inserting ‘‘$35,000,000 for each of fiscal comprehensive assessment under subsection
related to the Great Lakes, oceans, bays, es- years 2023 through 2026’’. (b).
tuaries, and coasts in at least one of the SEC. ll22I. BLUE ECONOMY VALUATION. (b) COMPREHENSIVE ASSESSMENT.—
areas specified in subsection (b). (a) MEASUREMENT OF BLUE ECONOMY INDUS- (1) IN GENERAL.—Under an agreement be-
(b) AREAS.—The areas specified in this sub- TRIES.—The Administrator of the National tween the Administrator and the National
section are the following:
Oceanic and Atmospheric Administration, Academy of Sciences under this section, the
(1) Improved eDNA analytics and deploy-
the Director of the Bureau of Economic National Academy of Sciences shall conduct
ment with autonomous vehicles.
Analysis, the Commissioner of the Bureau of a comprehensive assessment of the need for
(2) Plastic pollution detection, quantifica-
Labor Statistics, the Secretary of the Treas- and feasibility of establishing an Advanced
tion, and mitigation, including with respect
ury, and the heads of other relevant Federal Research Projects Agency–Oceans (ARPA–O)
to used fishing gear and tracking tech-
agencies, shall prioritize the collection, ag- that operates in coordination with and with
nologies to reduce or eliminate bycatch.
gregation, and analysis of data to measure nonduplication of existing Federal oceanic
(3) Advanced satellite data and other ad-
the value and impact of industries related to research programs, including programs of
vanced technology for improving scientific
the Great Lakes, oceans, bays, estuaries, and the Office of Oceanic and Atmospheric Re-
assessment.
(4) New stock assessment methods using coasts on the economy of the United States, search of the National Oceanic and Atmos-
satellite data or other advanced tech- including living resources, marine construc- pheric Administration.
nologies. tion, marine transportation, offshore min- (2) ELEMENTS.—The comprehensive assess-
(5) Advanced electronic fisheries moni- eral extraction, ship and boat building, tour- ment carried out pursuant to paragraph (1)
toring equipment and data analysis tools, in- ism, recreation, subsistence, and such other shall include—
cluding improved fish species recognition industries the Administrator considers ap- (A) an assessment of how an ARPA–O could
software, confidential data management, propriate (known as ‘‘Blue Economy’’ indus- help overcome the long-term and high-risk
data analysis and visualization, and storage tries). technological barriers in the development of
of electronic reports, imagery, location in- (b) COLLABORATION.—In carrying out sub- ocean technologies, with the goal of enhanc-
formation, and other data. section (a), the Administrator shall— ing the economic, ecological, and national
(6) Autonomous and other advanced sur- (1) work with the Director of the Bureau of security of the United States through the
face vehicles, underwater vehicles, or air- Economic Analysis and the heads of other rapid development of technologies that re-
borne platforms for data collection and mon- relevant Federal agencies to develop a Coast- sult in—
itoring. al and Ocean Economy Satellite Account (i) improved data collection, monitoring,
(7) Artificial intelligence and machine that includes national and State-level statis- and prediction of the ocean environment, in-
learning applications for data collection and tics to measure the contribution of the Great cluding sea ice conditions;
monitoring related to the Great Lakes, Lakes, oceans, bays, estuaries, and coasts to (ii) overcoming barriers to the application
oceans, bays, estuaries, and coasts. the overall economy of the United States; of new and improved technologies, such as
(8) Coral reef ecosystem monitoring. and high costs and scale of operational missions;
(9) Electronic equipment, chemical or bio- (2) collaborate with national and inter- (iii) improved management practices for
logical sensors, data analysis tools, and plat- national organizations and governments to protecting ecological sustainability;
forms to identify and fill gaps in robust and promote consistency of methods, measure- (iv) improved national security capacity;
shared continuous data related to the Great ments, and definitions to ensure com- (v) improved technology for fishery popu-
Lakes, oceans, bays, estuaries, and coasts to parability of results between countries. lation assessments;
inform global earth system models. (c) REPORT.—Not less frequently than once (vi) expedited processes between and
(10) Means for protecting aquatic life from every 2 years, the Administrator, in con- among Federal agencies to successfully iden-
injury or other ill effects caused, in whole or sultation with the Director of the Bureau of tify, transition, and coordinate research and
in part, by monitoring or exploration activi- Economic Analysis, the Commissioner of the development output to operations, applica-
ties. Bureau of Labor Statistics, the Secretary of tions, commercialization, and other uses;
(11) Discovery and dissemination of data the Treasury, and the heads of other rel- and
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related to the Great Lakes, oceans, bays, es- evant Federal agencies, shall publish a re- (vii) ensuring that the United States main-
tuaries, and coasts. port that— tains a technological lead in developing and
(12) Water quality monitoring, including (1) defines the Blue Economy, in coordina- deploying advanced ocean technologies;
improved detection and prediction of harm- tion with Tribal governments, academia, in- (B) an evaluation of the organizational
ful algal blooms and pollution. dustry, nongovernmental organizations, and structures under which an ARPA–O could be
(13) Enhancing blue carbon sequestration other relevant experts; organized, which takes into account—
and other ocean acidification mitigation op- (2) makes recommendations for updating (i) best practices for new research pro-
portunities. North American Industry Classification Sys- grams;
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S5438 CONGRESSIONAL RECORD — SENATE September 28, 2022
(ii) consolidation and reorganization of ex- (3) CLIMATE LITERACY.—The term ‘‘climate silience, climate justice, and environmental
isting Federal oceanic programs to effec- literacy’’ means competence or knowledge of justice.
tuate coordination and nonduplication of climate change, its causes and impacts, and SEC. ll23C. GRANT PROGRAM.
such programs; the technical, scientific, economic, and so- (a) IN GENERAL.—As part of the Climate
(iii) metrics and approaches for periodic cial dynamics of promising solutions. Change Education Program established
program evaluation; (4) CLIMATE JUSTICE.—The term ‘‘climate under section ll23B, the Administrator
(iv) capacity to fund and manage external justice’’ means the fair treatment and mean- shall establish a program to make grants to
research awards; and ingful involvement of all people, regardless the following:
(v) options for oversight of the activity of race, color, culture, national origin, or in- (1) State educational agencies, in partner-
through a Federal agency, an interagency or- come, with respect to the development, im- ship with local educational agencies and
ganization, nongovernmental organization, plementation, and enforcement of policies local nonprofit organizations, for the imple-
or other institutional arrangement; and and projects to ensure that each person en- mentation of aspects of State climate lit-
(C) an estimation of the scale of invest- joys the same degree of protection from the eracy plans for grades 4 through 12 formal
ment necessary to pursue high priority adverse effects of climate change. and informal climate change education
ocean technology projects. (5) ENVIRONMENTAL JUSTICE.—The term that—
(c) REPORT.—Not later than 18 months ‘‘environmental justice’’ means the fair (A) are aligned with State education stand-
after the date of the enactment of this Act, treatment and meaningful involvement of all ards;
the Administrator shall submit to Congress people, regardless of race, color, culture, na- (B) ensure that students graduate from
a report on the comprehensive assessment tional origin, or income, with respect to the high school with climate literacy; and
conducted under subsection (b). development, implementation, and enforce- (C) include at least 1 of the following:
Subtitle M—Climate Change Education ment of environmental laws, regulations, (i) Relevant teacher training and profes-
SEC. ll23. FINDINGS. and policies to ensure that each person en-
sional development.
Congress makes the following findings: joys—
(ii) Creation of applied learning project-
(1) The evidence for human-induced cli- (A) the same degree of protection from en-
based models, such as models making opti-
mate change is overwhelming and undeni- vironmental and health hazards; and
mum use of green features improvements to
able. (B) equal access to any Federal agency ac-
school facilities, such as energy systems,
(2) Atmospheric carbon can be signifi- tion on environmental justice issues in order
lighting systems, water management, waste
cantly reduced through conservation, by to have a healthy environment in which to
management, and school grounds improve-
shifting to renewable energy sources such as live, learn, work, and recreate.
ments.
solar, wind, tidal, and geothermal, and by in- (6) ENVIRONMENTAL JUSTICE COMMUNITY.—
(iii) Incorporation of climate change miti-
creasing the efficiency of buildings, includ- The term ‘‘environmental justice commu-
nity’’ means a community with significant gation and green technologies into new and
ing domiciles, and transportation. existing career and technical education ca-
(3) Providing clear information about cli- representation of communities of color, low-
income communities, or Tribal and indige- reer tracks and work-based learning experi-
mate change, in a variety of forms, can re- ences, including development of partnerships
move the fear and the sense of helplessness, nous communities that experiences, or is at
risk of experiencing, higher or more adverse with labor organizations, trade organiza-
and encourage individuals and communities tions, and apprenticeship programs.
to take action. human health or environmental effects as
compared to other communities. (2) Institutions of higher education and
(4) Implementation of measures that pro- networks or partnerships of such institu-
mote energy efficiency, conservation, and re- (7) GREEN ECONOMY.—The term ‘‘green
economy’’ means an economy that results in tions to engage teams of faculty and stu-
newable energy will greatly reduce human
improved human and economic well-being dents to develop applied climate research
impact on the environment.
and social equity by significantly reducing and deliver to local communities direct serv-
(5) Informing people of new technologies
environmental risks and ecological scar- ices related to local climate mitigation and
and programs as they become available will
cities. adaptation issues, with priority given to
ensure maximum understanding and max-
(8) INSTITUTION OF HIGHER EDUCATION.—The projects that—
imum effect of those measures.
term ‘‘institution of higher education’’ has (A) foster long-term campus-community
(6) More than 3,000,000 students graduate
the meaning given the term in section 101 of partnerships;
from high schools and colleges in the United
the Higher Education Act of 1965 (20 U.S.C. (B) show potential to scale work beyond
States each year, armed with attitudes,
1001). the grant term;
skills, and knowledge about the climate that
inform their actions. (9) LOCAL EDUCATIONAL AGENCY; STATE EDU- (C) are inclusive for all segments of the
(7) The effect on the climate, positive or CATIONAL AGENCY.—The terms ‘‘local edu- population; and
negative, of each of those 3,000,000 students cational agency’’ and ‘‘State educational (D) promote equitable and just outcomes.
lasts beyond a lifetime. agency’’ have the meanings given those (3) Professional associations and academic
(8) Those students need to be prepared to terms in section 8101 of the Elementary and disciplinary societies for projects that build
implement changes in professional and per- Secondary Education Act of 1965 (20 U.S.C. capacity at the State and national levels for
sonal practices, to support and help develop 7801). continuing education by practicing profes-
new technology and policy, and to address (10) NONFORMAL.—The term ‘‘nonformal’’ sionals and the general public in green econ-
the coming social and economic challenges means, with respect to learning, out-of- omy fields.
and opportunities arising from a changing school educational programming carried out (4) Youth corps organizations to engage in
climate. by nonprofit organizations and public agen- community-based climate mitigation and ad-
(9) It has been demonstrated that the peo- cies. aptation work that includes a substantive
ple of the United States overwhelmingly sup- (11) NONPROFIT ORGANIZATION.—The term educational component.
port teaching students about the causes, ‘‘nonprofit organization’’ means an organiza- (b) CONSULTATION.—The Administrator
consequences, and potential solutions to cli- tion described in section 501(c)(3) of the In- shall annually consult with other relevant
mate change in all 50 States and more than ternal Revenue Code of 1986 and exempt from agencies of the Federal Government to deter-
3,000 counties across the United States. taxation under 501(a) of that Code. mine ways in which grant making under sub-
(10) Only 30 percent of middle school and 45 SEC. ll23B. CLIMATE CHANGE EDUCATION PRO- section (a) can enhance and support other
percent of high school science teachers un- GRAM. national climate education and training and
derstand the extent of the scientific con- The Administrator shall establish a Cli- environmental justice goals.
sensus on climate change. mate Change Education Program to— (c) ENVIRONMENTAL JUSTICE COMMU-
SEC. ll23A. DEFINITIONS. (1) increase the climate literacy of the NITIES.—The Administrator shall ensure that
In this subtitle: United States by broadening the under- 40 percent of all funds appropriated for
(1) ADMINISTRATOR.—The term ‘‘Adminis- standing of climate change, including pos- grants under paragraphs (2) and (4) of sub-
trator’’ means the Administrator of the Na- sible long-term and short-term con- section (a) are directed into environmental
tional Oceanic and Atmospheric Administra- sequences, disproportionate impacts of those justice communities.
tion. consequences, and potential solutions; (d) COMMUNITIES OF PRACTICE.—The Admin-
(2) CLIMATE CHANGE EDUCATION.—The term (2) apply the latest scientific and techno- istrator shall establish communities of prac-
‘‘climate change education’’ means non- logical discoveries, including through the tice with respect to each of paragraphs (1)
formal and formal interdisciplinary learning use of the scientific assets of the Adminis- through (4) of subsection (a) in order to ac-
at all age levels about— tration, to provide formal and nonformal celerate learning.
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(A) climate change, climate adaptation learning opportunities to individuals of all SEC. ll23D. REPORT.
and mitigation, climate resilience, and cli- ages, including individuals of diverse cul- Not later than 2 years after the date of the
mate justice; and tural and linguistic backgrounds; and enactment of this Act, and annually there-
(B) the effects of climate change, climate (3) emphasize actionable information to after, the Administrator shall submit to
adaptation and mitigation, climate resil- help people understand and promote imple- Congress a report that evaluates the sci-
ience, and climate justice on the environ- mentation of new technologies, programs, entific merits, educational effectiveness, and
mental, energy, social, and economic sys- and incentives related to climate change, cli- broader effects of activities carried out
tems of the United States. mate adaptation and mitigation, climate re- under this subtitle.
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5439
SEC. ll23E. AUTHORIZATION OF APPROPRIA- ‘‘(A) manage the procurement, distribu- (5) LAND USE PLAN.—The term ‘‘land use
TIONS. tion, and updates for information technology plan’’ means—
(a) IN GENERAL.—There is authorized to be and related equipment; (A) in regard to Federal land, a land use
appropriated to the National Oceanic and At- ‘‘(B) plan, coordinate, and implement poli- plan established under the Federal Land Pol-
mospheric Administration to carry out this cies related to information technology and icy and Management Act of 1976 (43 U.S.C.
subtitle $50,000,000 for each of fiscal years related equipment; 1701 et seq.); and
2022 through 2027. ‘‘(C) provide technical assistance for the (B) in regard to National Forest System
(b) ALLOCATION OF AMOUNTS FOR GRANT agency school boards, Bureau of Indian Edu- lands, a land management plan approved,
PROGRAM.— cation Funded Schools, and early childhood amended, or revised under section 6 of the
(1) IN GENERAL.—Amounts appropriated to services; and Forest and Rangeland Renewable Resources
carry out the grant program required by sec- ‘‘(D) coordinate education technology pro- Planning Act of 1974 (16 U.S.C. 1604).
tion ll23C(a) shall be allocated as follows: grams and activities for the Bureau of Indian (6) PRIORITY AREA.—The term ‘‘priority
(A) Not less than 40 percent and not more Education. area’’ means covered land identified by the
than 60 percent for grants made under para- ‘‘(d) IMPLEMENTATION OF EDUCATION TECH- land use planning process of the Bureau of
graph (1) of such section. NOLOGY MODERNIZATION SYSTEMS.— Land Management as being a preferred loca-
(B) Not less than 20 percent and not more ‘‘(1) NEEDS ASSESSMENT.—Not later than 2 tion for a renewable energy project, includ-
than 40 percent for grants made under para- years after the date of the enactment of this ing a designated leasing area (as defined in
graph (2) of such section. subsection, the Office of the Assistant Sec- section 2801.5(b) of title 43, Code of Federal
(C) Not less than 5 percent and not more retary for Indian Affairs and the Bureau of Regulations (or a successor regulation)) that
than 20 percent for grants made under para- Indian Education shall complete a needs as- is identified under the rule of the Bureau of
graph (3) of such section. sessment of education technology for Bureau Land Management entitled ‘‘Competitive
(D) Not less than 5 percent and not more of Indian Education Funded Schools. Processes, Terms, and Conditions for Leasing
than 20 percent for grants made under para- ‘‘(2) IMPLEMENTATION.—Not later than 3 Public Lands for Solar and Wind Energy De-
graph (4) of such section. years after the date of the enactment of this velopment and Technical Changes and Cor-
(E) Such amount as the Administrator de- subsection, the Secretary shall complete the rections’’ (81 Fed. Reg. 92122 (December 19,
termines appropriate for the administration implementation of a long-term moderniza- 2016)) (or a successor regulation).
of this subtitle. tion plan and report progress updates for Bu- (7) PUBLIC LANDS.—The term ‘‘public
(2) EXCEPTION.—If amounts appropriated to reau of Indian Education Funded Schools. lands’’ has the meaning given that term in
carry out the grant program required by sec- ‘‘(e) REPORTING.—Not later than 3 years section 103 of the Federal Land Policy and
after the date of the enactment of this sub- Management Act of 1976 (43 U.S.C. 1702).
tion ll23C(a) do not exceed $10,000,000 in
section, and each fiscal year thereafter, the (8) RENEWABLE ENERGY PROJECT.—The term
any fiscal year, the National Oceanic and At-
Secretary shall submit to the Committee on ‘‘renewable energy project’’ means a project
mospheric Administration may prioritize
Natural Resources and Committee on Edu- carried out on covered land that uses wind,
grants made under subparagraphs (A) and (B)
cation and Labor of the House of Representa- solar, or geothermal energy to generate en-
of paragraph (1) of such section. tives and the Committee on Indian Affairs of ergy.
Subtitle N—Office of Education Technology the Senate, a report that contains— (9) SECRETARY.—The term ‘‘Secretary’’
to Support the Bureau of Indian Education ‘‘(1) a yearly evaluation of the implemen- means the Secretary of the Interior.
SEC. ll24. UPDATING BUREAU OF INDIAN AF- tation of this Act, including a description of (10) VARIANCE AREA.—The term ‘‘variance
FAIRS PROGRAMS. the progress of the Office of Information area’’ means covered land that is—
Part B of title XI of the Education Amend- Technology in carrying out the activities de- (A) not an exclusion area;
ments of 1978 (25 U.S.C. 2000 et seq.) is scribed in subsection (c)(3); and (B) not a priority area; and
amended by striking ‘‘Office of Indian Edu- ‘‘(2) such other information the Director of (C) identified by the Secretary as poten-
cation Programs’’ each place it appears (in the Bureau of Indian Education, in coordina- tially available for renewable energy devel-
any font) and inserting ‘‘Bureau of Indian tion with the Assistant Secretary for Indian opment and could be approved without a
Education’’ (in the corresponding font). Affairs deems necessary. plan amendment, consistent with the prin-
SEC. ll24A. ESTABLISHMENT FOR THE OFFICE
‘‘(f) DEFINITIONS.—In this section: ciples of multiple use (as defined in the Fed-
OF EDUCATION TECHNOLOGY TO ‘‘(1) BUREAU OF INDIAN EDUCATION FUNDED eral Land Policy and Management Act of
SUPPORT THE BUREAU OF INDIAN SCHOOLS.—The term ‘Bureau of Indian Edu-
1976 (43 U.S.C. 1701 et seq.)).
EDUCATION. cation Funded Schools’ means Bureau of In- SEC. ll25A. LAND USE PLANNING; UPDATES TO
Section 1133 of the Education Amendments dian Education operated schools, schools op- PROGRAMMATIC ENVIRONMENTAL
of 1978 (25 U.S.C. 2013) is amended by adding erated pursuant to a grant under the Trib- IMPACT STATEMENTS.
at the end the following: ally Controlled Schools Act of 1988 (25 U.S.C. (a) PRIORITY AREAS.—
‘‘(c) BUREAU OF INDIAN EDUCATION OFFICE 2501 et seq.), and schools operated pursuant (1) IN GENERAL.—The Secretary, in con-
OF EDUCATION TECHNOLOGY.— to a contract under the Indian Self-Deter- sultation with the Secretary of Energy, shall
‘‘(1) ESTABLISHMENT.— mination and Education Assistance Act (25 establish priority areas on covered land for
‘‘(A) IN GENERAL.—Not later than 24 U.S.C. 5301 et seq.). geothermal, solar, and wind energy projects,
months after the date of the enactment of ‘‘(2) OFFICE OF EDUCATION TECHNOLOGY.— consistent with the principles of multiple
this subsection, the Secretary shall establish The term ‘Office of Education Technology’ use (as defined in the Federal Land Policy
the Office of Education Technology under means the Office of Education Technology and Management Act of 1976 (43 U.S.C. 1701 et
the Assistant Secretary for Indian Affairs to supporting the Bureau of Indian Education seq.)) and the renewable energy permitting
be administered by the Deputy Assistant established under this subsection.’’. goal enacted by the Consolidated Appropria-
Secretary of Indian Affairs (Management). Subtitle O—Public Land Renewable Energy tions Act of 2021 (Public Law 116–260). Among
‘‘(B) CAPACITY AND COORDINATION.—Not Development Act applications for a given renewable energy
later than 36 months after the date of the en- SEC. ll25. DEFINITIONS. source, proposed projects located in priority
actment of this subsection, the Office of the In this subtitle: areas for that renewable energy source
Assistant Secretary of Indian Affairs shall (1) COVERED LAND.—The term ‘‘covered shall—
coordinate with the Bureau of Indian Edu- land’’ means land that is— (A) be given the highest priority for
cation Director to ensure consistent and (A) Federal land administered by the Sec- incentivizing deployment thereon; and
timely coordination for the Office of Edu- retary; and (B) be offered the opportunity to partici-
cation Technology to be at full capacity. (B) not excluded from the development of pate in any regional mitigation plan devel-
‘‘(C) TRANSFER.—Not later than 37 months geothermal, solar, or wind energy under— oped for the relevant priority areas.
after the date of the enactment of this sub- (i) a land use plan; or (2) ESTABLISHING PRIORITY AREAS.—
section, the Deputy Assistant Secretary of (ii) other Federal law. (A) GEOTHERMAL ENERGY.—For geothermal
Indian Affairs (Management), the Secretary (2) EXCLUSION AREA.—The term ‘‘exclusion energy, the Secretary shall establish priority
(in consultation with the Chief Information area’’ means covered land that is identified areas as soon as practicable, but not later
Officer for the Department of the Interior), by the Bureau of Land Management as not than 5 years, after the date of enactment of
the Assistant Secretary for Indian Affairs, suitable for development of renewable en- this Act.
and the Director of the Bureau of Indian ergy projects. (B) SOLAR ENERGY.—For solar energy—
Education shall transfer the Office of Edu- (3) FEDERAL LAND.—The term ‘‘Federal (i) solar designated leasing areas (includ-
cational Technology to the Bureau of Indian land’’ means— ing the solar energy zones established by Bu-
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Education. (A) public lands; and reau of Land Management Solar Energy Pro-
‘‘(2) PURPOSE.—The Office of Education (B) lands of the National Forest System as gram, established in October 2012), and any
Technology shall ensure that the Bureau of described in section 11(a) of the Forest and subsequent land use plan amendments, shall
Indian Education has the necessary edu- Rangeland Renewable Resources Planning be considered to be priority areas for solar
cation technology support to improve edu- Act of 1974 (16 U.S.C. 1609(a)). energy projects; and
cational outcomes. (4) FUND.—The term ‘‘Fund’’ means the Re- (ii) the Secretary shall complete a process
‘‘(3) DUTIES.—The Office of Education newable Energy Resource Conservation Fund to consider establishing additional solar pri-
Technology shall— established by section ll25C(c)(1). ority areas as soon as practicable, but not
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S5440 CONGRESSIONAL RECORD — SENATE September 28, 2022
later than 3 years, after the date of enact- ties to ensure that priority areas identified be in addition to a payment in lieu of taxes
ment of this Act. by the Secretary are— received by the county under chapter 69 of
(C) WIND ENERGY.—For wind energy, the (1) economically viable (including having title 31, United States Code.
Secretary shall complete a process to con- access to existing and planned transmission
(c) RENEWABLE ENERGY RESOURCE CON-
sider establishing additional wind priority lines);
SERVATION FUND.—
areas as soon as practicable, but not later (2) likely to avoid or minimize impacts to
(1) IN GENERAL.—There is established in the
than 3 years, after the date of enactment of habitat for animals and plants, recreation,
Treasury a fund to be known as the ‘‘Renew-
this Act. cultural resources, and other uses of covered
land; and able Energy Resource Conservation Fund’’,
(b) VARIANCE AREAS.—Variance areas shall
be considered for renewable energy project (3) consistent with section 202 of the Fed- which shall be administered by the Sec-
development, consistent with the principles eral Land Policy and Management Act of retary, in consultation with the Secretary of
of multiple use (as defined in the Federal 1976 (43 U.S.C. 1712), including subsection Agriculture.
Land Policy and Management Act of 1976 (43 (c)(9) of that section (43 U.S.C. 1712(c)(9)). (2) USE OF FUNDS.—The Secretary may
U.S.C. 1701 et seq.)) and the renewable energy SEC. ll25B. LIMITED GRANDFATHERING.
make amounts in the Fund available to Fed-
permitting goal enacted by the Consolidated (a) DEFINITION OF PROJECT.—In this sec- eral, State, local, and Tribal agencies to be
Appropriations Act of 2021 (Public Law 116– tion, the term ‘‘project’’ means a system de- distributed in regions in which renewable en-
260), and applications for a given renewable scribed in section 2801.9(a)(4) of title 43, Code ergy projects are located on Federal land.
energy source located in those variance of Federal Regulations (as in effect on the Such amounts may be used to—
areas shall be timely processed in order to date of enactment of this Act). (A) restore and protect—
assist in meeting that goal. (b) REQUIREMENT TO PAY RENTS AND (i) fish and wildlife habitat for affected
(c) REVIEW AND MODIFICATION.— FEES.—Unless otherwise agreed to by the species;
(1) IN GENERAL.—Not less than once every owner of a project, the owner of a project (ii) fish and wildlife corridors for affected
10 years, the Secretary shall— that applied for a right-of-way under section species; and
(A) review the adequacy of land allocations 501 of the Federal Land Policy and Manage- (iii) wetlands, streams, rivers, and other
for geothermal, solar, and wind energy pri- ment Act of 1976 (43 U.S.C. 1761) on or before natural water bodies in areas affected by
ority, exclusion, and variance areas for the December 19, 2017, shall be obligated to pay wind, geothermal, or solar energy develop-
purpose of encouraging and facilitating new with respect to the right-of-way all rents and ment; and
renewable energy development opportuni- fees in effect before the effective date of the (B) preserve and improve recreational ac-
ties; and rule of the Bureau of Land Management enti- cess to Federal land and water in an affected
(B) based on the review carried out under tled ‘‘Competitive Processes, Terms, and region through an easement, right-of-way, or
subparagraph (A), add, modify, or eliminate Conditions for Leasing Public Lands for other instrument from willing landowners
priority, variance, and exclusion areas. Solar and Wind Energy Development and for the purpose of enhancing public access to
(2) EXCEPTION.—Paragraph (1) shall not Technical Changes and Corrections’’ (81 Fed. existing Federal land and water that is inac-
apply to the renewable energy land use plan- Reg. 92122 (December 19, 2016)). cessible or restricted.
ning published in the Desert Renewable En- SEC. ll25C. DISPOSITION OF REVENUES. (3) PARTNERSHIPS.—The Secretary may
ergy Conservation Plan developed by the (a) DISPOSITION OF REVENUES.— enter into cooperative agreements with
California Energy Commission, the Cali- (1) AVAILABILITY.—Subject to future appro- State and Tribal agencies, nonprofit organi-
fornia Department of Fish and Wildlife, the priations, and except as provided in para- zations, and other appropriate entities to
Bureau of Land Management, and the United graph (2), beginning on January 1, 2023, carry out the activities described in para-
States Fish and Wildlife Service until Janu- amounts collected from a wind or solar graph (2).
ary 1, 2031. project as bonus bids, rentals, fees, or other (4) INVESTMENT OF FUND.—
(d) COMPLIANCE WITH THE NATIONAL ENVI- payments under a right-of-way, permit, (A) IN GENERAL.—Amounts deposited in the
RONMENTAL POLICY ACT.—For purposes of lease, or other authorization, are authorized Fund shall earn interest in an amount deter-
this section, compliance with the National to be made available as follows: mined by the Secretary of the Treasury on
Environmental Policy Act of 1969 (42 U.S.C. (A) Twenty-five percent shall be paid by the basis of the current average market yield
4321 et seq.) shall be accomplished— the Secretary of the Treasury to the State on outstanding marketable obligations of
(1) for geothermal energy, by updating the within the boundaries of which the revenue the United States of comparable maturities.
document entitled ‘‘Final Programmatic En- is derived. (B) USE.—Interest earned under subpara-
vironmental Impact Statement for Geo- (B) Twenty-five percent shall be paid by graph (A) may be expended in accordance
thermal Leasing in the Western United the Secretary of the Treasury to the one or with this subsection.
States’’, dated October 2008, and incor- more counties within the boundaries of (5) REPORT TO CONGRESS.—At the end of
porating any additional regional analyses which the revenue is derived, to be allocated each fiscal year, the Secretary shall submit
that have been completed by Federal agen- among the counties based on the percentage a report to the Committee on Natural Re-
cies since that programmatic environmental of land from which the revenue is derived. sources of the House of Representatives and
impact statement was finalized; (C) Twenty-five percent shall be deposited the Committee on Energy and Natural Re-
(2) for solar energy, by updating the docu- in the Treasury and be made available to the sources of the Senate that includes a descrip-
ment entitled ‘‘Final Programmatic Envi- Secretary to carry out the program estab- tion of—
ronmental Impact Statement (PEIS) for lished under this subtitle, including the (A) the amount collected as described in
Solar Energy Development in Six South- transfer of the funds by the Bureau of Land subsection (a), by source, during that fiscal
western States’’, dated July 2012, and incor- Management to other Federal agencies and year;
porating any additional regional analyses State agencies to facilitate the processing of (B) the amount and purpose of payments
that have been completed by Federal agen- renewable energy permits on Federal land, during that fiscal year to each Federal,
cies since that programmatic environmental with priority given to using the amounts, to State, local, and Tribal agency under para-
impact statement was finalized; and the maximum extent practicable without graph (2); and
(3) for wind energy, by updating the docu- detrimental impacts to emerging markets, (C) the amount remaining in the Fund at
ment entitled ‘‘Final Programmatic Envi- to expediting the issuance of permits re- the end of the fiscal year.
ronmental Impact Statement on Wind En- quired for the development of renewable en- (6) INTENT OF CONGRESS.—It is the intent of
ergy Development on BLM–Administered ergy projects in the States from which the Congress that the revenues deposited and
Lands in the Western United States’’, dated revenues are derived. used in the Fund shall supplement (and not
July 2005, and incorporating any additional (D) Twenty-five percent shall be deposited supplant) annual appropriations for activi-
regional analyses that have been completed in the Renewable Energy Resource Conserva- ties described in paragraph (2).
by Federal agencies since the programmatic tion Fund established by subsection (c).
(2) EXCEPTIONS.—Paragraph (1) shall not SEC. ll25D. SAVINGS.
environmental impact statement was final-
ized. apply to the following: Notwithstanding any other provision of
(e) NO EFFECT ON PROCESSING SITE SPECIFIC (A) Amounts collected under section 504(g) this subtitle, the Secretary shall continue to
APPLICATIONS.—Site specific environmental of the Federal Land Policy and Management manage public lands under the principles of
review and processing of permits for pro- Act of 1976 (43 U.S.C. 1764(g)). multiple use and sustained yield in accord-
posed projects shall proceed during prepara- (B) Amounts deposited into the National ance with title I of the Federal Land Policy
tion of an updated programmatic environ- Parks and Public Land Legacy Restoration
and Management Act of 1976 (43 U.S.C. 1701 et
mental impact statement, resource manage- Fund under section 200402(b) of title 54,
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seq.) or the Forest and Rangeland Renewable
ment plan, or resource management plan United States Code.
amendment. (b) PAYMENTS TO STATES AND COUNTIES.— Resources Planning Act of 1974 (43 U.S.C. 1701
(f) COORDINATION.—In developing updates (1) IN GENERAL.—Amounts paid to States et seq.), as applicable, including due consid-
required by this section, the Secretary shall and counties under subsection (a)(1) shall be eration of mineral and nonrenewable energy-
coordinate, on an ongoing basis, with appro- used consistent with section 35 of the Min- related projects and other nonrenewable en-
priate State, Tribal, and local governments, eral Leasing Act (30 U.S.C. 191). ergy uses, for the purposes of land use plan-
transmission infrastructure owners and oper- (2) PAYMENTS IN LIEU OF TAXES.—A pay- ning, permit processing, and conducting en-
ators, developers, and other appropriate enti- ment to a county under paragraph (1) shall vironmental reviews.
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5441
Subtitle P—Increasing Community Access to suant to paragraph (3), the task force shall have approved by the Secretary a com-
Resiliency Grants consider the findings and recommendations prehensive working waterfront plan in ac-
SEC. ll26. CENTRALIZED WEBSITE FOR RESIL- contained in section VI of the report entitled cordance with this subsection, or be in the
IENCY GRANTS. ‘The Sustainable Working Waterfronts Tool- process of developing such a plan and have
(a) IN GENERAL.—Not later than 180 days kit: Final Report’, dated March 2013. an established working waterfront program
after the date of enactment of this sub- ‘‘(5) REPORT.—Not later than 18 months at the State or local level, or the Secretary
section, the Administrator shall establish after the date of the enactment of this sec- determines that an existing coastal land use
and regularly update a publicly available tion, the task force shall submit a report to plan for that State is in accordance with this
website that includes— Congress on its findings. subsection.
(1) hyperlinks to all grants administered ‘‘(6) IMPLEMENTATION.—The head of each ‘‘(2) Such plan—
by the National Oceanic and Atmospheric Federal agency identified in the report pur- ‘‘(A) must provide for preservation and ex-
Administration and hyperlinks to other Fed- suant to paragraph (3)(C) shall take such ac- pansion of access to coastal waters to per-
eral agencies that offer similar grants to as- tion as is necessary to implement the rec- sons engaged in commercial fishing, rec-
sist State, Tribal, and local governments ommendations contained in the report by reational fishing and boating businesses,
with resiliency, adaptation, and mitigation not later than 1 year after the date of the aquaculture, boatbuilding, or other water-de-
of climate change and sea level rise; and issuance of the report. pendent, coastal-related business;
(2) with respect to each such grant, the ‘‘(b) WORKING WATERFRONT GRANT PRO-
‘‘(B) shall include one or more of—
contact information for an individual who GRAM.—
‘‘(i) an assessment of the economic, social,
can offer assistance to State, Tribal, and ‘‘(1) The Secretary shall establish a Work-
ing Waterfront Grant Program, in coopera- cultural, and historic value of working wa-
local governments.
tion with appropriate State, regional, and terfront to the coastal State;
(b) OUTREACH.—The Administrator shall
conduct outreach activities to inform State, other units of government, under which the ‘‘(ii) a description of relevant State and
Tribal, and local governments of the resil- Secretary may make a grant to any coastal local laws and regulations affecting working
iency, adaptation, and mitigation grants. State for the purpose of implementing a waterfront in the geographic areas identified
(c) ADMINISTRATOR.—In this section, the working waterfront plan approved by the in the working waterfront plan;
term ‘‘Administrator’’ means the Secretary Secretary under subsection (c). ‘‘(iii) identification of geographic areas
of Commerce acting through the Adminis- ‘‘(2) Subject to the availability of appro- where working waterfronts are currently
trator of the National Oceanic and Atmos- priations, the Secretary shall award match- under threat of conversion to uses incompat-
pheric Administration. ing grants under the Working Waterfronts ible with commercial and recreational fish-
Subtitle Q—Keep America’s Waterfronts Grant Program to coastal States with ap- ing, recreational fishing and boating busi-
Working proved working waterfront plans through a nesses, aquaculture, boatbuilding, or other
regionally equitable, competitive funding water-dependent, coastal-related business,
SEC. ll27. WORKING WATERFRONTS GRANT
PROGRAM. process in accordance with the following: and the level of that threat;
The Coastal Zone Management Act of 1972 ‘‘(A) The Governor, or the lead agency des- ‘‘(iv) identification of geographic areas
(16 U.S.C. 1451 et seq.) is amended by adding ignated by the Governor for coordinating the with a historic connection to working water-
at the end the following: implementation of this section, where appro- fronts where working waterfronts are not
‘‘SEC. 320. WORKING WATERFRONTS GRANT PRO- priate in consultation with the appropriate currently available, and, where appropriate,
GRAM. local government, shall determine that the an assessment of the environmental impacts
‘‘(a) WORKING WATERFRONT TASK FORCE.— application is consistent with the State’s or of any expansion or new development of
‘‘(1) ESTABLISHMENT AND FUNCTIONS.—The territory’s approved coastal zone plan, pro- working waterfronts on the coastal eco-
Secretary of Commerce shall establish a gram, and policies prior to submission to the system;
task force to work directly with coastal Secretary. ‘‘(v) identification of other working water-
States, user groups, and coastal stakeholders ‘‘(B) In developing guidelines under this front needs including improvements to exist-
to identify and address critical needs with section, the Secretary shall consult with ing working waterfronts and working water-
respect to working waterfronts. coastal States, other Federal agencies, and front areas;
‘‘(2) MEMBERSHIP.—The members of the other interested stakeholders with expertise ‘‘(vi) a strategic and prioritized plan for
task force shall be appointed by the Sec- in working waterfront planning. the preservation, expansion, and improve-
retary of Commerce, and shall include— ‘‘(C) Coastal States may allocate grants to ment of working waterfronts in the coastal
‘‘(A) experts in the unique economic, so- local governments, Indian Tribes, agencies, State;
cial, cultural, ecological, geographic, and re- or nongovernmental organizations eligible ‘‘(vii) for areas identified under clauses
source concerns of working waterfronts; and for assistance under this section. (iii), (iv), (v), and (vi), identification of cur-
‘‘(B) representatives from the National ‘‘(3) In awarding a grant to a coastal State, rent availability and potential for expansion
Oceanic and Atmospheric Administration’s the Secretary shall consider— of public access to coastal waters;
Office of Coastal Management, the United ‘‘(A) the economic, cultural, and historical ‘‘(viii) a description of the degree of com-
States Fish and Wildlife Service, the Depart- significance of working waterfront to the munity support for such strategic plan; and
ment of Agriculture, the Environmental Pro- coastal State; ‘‘(ix) a contingency plan for properties that
tection Agency, the United States Geological ‘‘(B) the demonstrated working waterfront revert to the coastal State pursuant to de-
Survey, the Navy, the National Marine Fish- needs of the coastal State as outlined by a terminations made by the coastal State
eries Service, the Economic Development working waterfront plan approved for the under subsection (g)(4)(C);
Agency, and such other Federal agencies as coastal State under subsection (c), and the ‘‘(C) may include detailed environmental
the Secretary considers appropriate. value of the proposed project for the imple- impacts on working waterfronts, including
‘‘(3) FUNCTIONS.—The task force shall— mentation of such plan; hazards, sea level rise, inundation exposure,
‘‘(A) identify and prioritize critical needs ‘‘(C) the ability to successfully leverage and other resiliency issues;
with respect to working waterfronts in funds among participating entities, includ- ‘‘(D) may be part of the management pro-
States that have a management program ap- ing Federal programs, regional organiza- gram approved under section 306;
proved by the Secretary of Commerce pursu- tions, State and other government units, ‘‘(E) shall utilize to the maximum extent
ant to section 306, in the areas of— landowners, corporations, or private organi- practicable existing information contained
‘‘(i) economic and cultural importance of zations; in relevant surveys, plans, or other strate-
working waterfronts to communities; ‘‘(D) the potential for rapid turnover in the gies to fulfill the information requirements
‘‘(ii) changing environments and threats ownership of working waterfront in the under this paragraph; and
working waterfronts face from environment coastal State, and where applicable the need ‘‘(F) shall incorporate the policies and reg-
changes, trade barriers, sea level rise, ex- for coastal States to respond quickly when ulations adopted by communities under local
treme weather events, ocean acidification, properties in existing or potential working working waterfront plans or strategies in ex-
and harmful algal blooms; and waterfront areas or public access areas as istence before the date of the enactment of
‘‘(iii) identifying working waterfronts and identified in the working waterfront plan this section.
highlighting them within communities; submitted by the coastal State come under ‘‘(3) A working waterfront plan—
‘‘(B) outline options, in coordination with threat or become available; and ‘‘(A) shall be effective for purposes of this
coastal States and local stakeholders, to ad- ‘‘(E) the impact of the working waterfront section for the 5-year period beginning on
dress such critical needs, including adapta- plan approved for the coastal State under the date it is approved by the Secretary;
tion and mitigation where applicable; subsection (c) on the coastal ecosystem and ‘‘(B) must be updated and re-approved by
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‘‘(C) identify Federal agencies that are re- the users of the coastal ecosystem. the Secretary before the end of such period;
sponsible under existing law for addressing ‘‘(4) The Secretary shall approve or reject and
such critical needs; and an application for such a grant within 60 ‘‘(C) shall be complimentary to and incor-
‘‘(D) recommend Federal agencies best days after receiving an application for the porate the policies and objectives of regional
suited to address any critical needs for which grant. or local working waterfront plans as in effect
no agency is responsible under existing law. ‘‘(c) WORKING WATERFRONT PLANS.— before the date of enactment of this section
‘‘(4) INFORMATION TO BE CONSIDERED.—In ‘‘(1) To be eligible for a grant under sub- or as subsequently revised.
identifying and prioritizing policy gaps pur- section (b), a coastal State must submit and ‘‘(4) The Secretary may—
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S5442 CONGRESSIONAL RECORD — SENATE September 28, 2022
‘‘(A) award planning grants to coastal ‘‘(3) A coastal State or a qualified holder the working waterfront or interest is identi-
States for the purpose of developing or revis- designated by a coastal State may allocate fied in the application for the grant and ac-
ing comprehensive working waterfront plans; to a unit of local government, nongovern- quired by the qualified holder within 3 years
and mental organization, fishing cooperative, or of the grant award date, or within 3 years
‘‘(B) award grants consistent with the pur- other entity, a portion of any grant made after the submission of the application and
poses of this section to States undertaking under this section for the purpose of car- before the end of the grant award period.
the working waterfront planning process rying out this section, except that such an Such value shall be determined by an ap-
under this section, for the purpose of pre- allocation shall not relieve the coastal State praisal performed at such time before the
serving and protecting working waterfronts of the responsibility for ensuring that any award of the grant as the Secretary con-
during such process. funds so allocated are applied in furtherance siders appropriate.
‘‘(5) Any coastal State applying for a work- of the coastal State’s approved working wa- ‘‘(7) The Secretary shall treat as non-Fed-
ing waterfront grant under this title shall— terfront plan. eral match the costs associated with acquisi-
‘‘(A) develop a working waterfront plan, ‘‘(4) A qualified holder may hold title to or tion of a working waterfront or an interest
using a process that involves the public and interest in property acquired under this sec- in a working waterfront, and the costs of res-
those with an interest in the coastal zone; tion, except that— toration, enhancement, or other improve-
‘‘(B) coordinate development and imple- ‘‘(A) all persons holding title to or interest ment to a working waterfront, if the activi-
mentation of such a plan with other coastal in working waterfront affected by a grant ties are identified in the project application
management programs, regulations, and ac- under this section, including a qualified and the costs are incurred within the period
tivities of the coastal State; and holder, private citizen, private business, non- of the grant award, or, for working water-
‘‘(C) if the coastal State allows qualified profit organization, fishing cooperative, or front described in paragraph (6), within the
holders (other than the coastal State) to other entity, shall enter into a working wa- same time limits described in that para-
enter into working waterfront covenants, terfront covenant; graph. These costs may include either cash
provide as part of the working waterfront ‘‘(B) such covenant shall be held by the or in-kind contributions.
plan under this subsection a mechanism or coastal State or a qualified holder des- ‘‘(i) LIMIT ON ADMINISTRATIVE COSTS.—No
procedure to ensure that the qualified hold- ignated under paragraph (2); more than 5 percent of the funds made avail-
ers are complying their duties to enforce the ‘‘(C) if the coastal State determines, on the able to the Secretary under this section may
working waterfront covenant. record after an opportunity for a hearing, be used by the Secretary for planning or ad-
‘‘(d) USES, TERMS, AND CONDITIONS.— that the working waterfront covenant has ministration of the program under this sec-
‘‘(1) Each grant made by the Secretary been violated— tion.
under this section shall be subject to such ‘‘(i) all right, title, and interest in and to ‘‘(j) OTHER TECHNICAL AND FINANCIAL AS-
terms and conditions as may be appropriate the working waterfront covered by such cov- SISTANCE.—
to ensure that the grant is used for purposes enant shall, except as provided in subpara- ‘‘(1) Up to 5 percent of the funds appro-
consistent with this section. graph (D), revert to the coastal State; and priated under this section may be used by
‘‘(2) A grant under this section may be ‘‘(ii) the coastal State shall have the right the Secretary for purposes of providing tech-
used— of immediate entry onto the working water- nical assistance as described in this sub-
‘‘(A) to acquire a working waterfront, or front; section.
an interest in a working waterfront; ‘‘(D) if a coastal State makes a determina- ‘‘(2) The Secretary shall—
‘‘(B) to make improvements to a working tion under subparagraph (C), the coastal ‘‘(A) provide technical assistance to coast-
waterfront, including the construction or re- State may convey or authorize the qualified al States and local governments in identi-
pair of wharfs, boat ramps, or related facili- holder to convey the working waterfront or fying and obtaining other sources of avail-
ties; or interest in working waterfront to another able Federal technical and financial assist-
‘‘(C) for necessary climate adaptation miti- qualified holder; and ance for the development and revision of a
gation. ‘‘(E) nothing in this subsection waives any working waterfront plan and the implemen-
‘‘(e) PUBLIC ACCESS REQUIREMENT.—A legal requirement under any Federal or tation of an approved working waterfront
working waterfront project funded by grants State law. plan;
made under this section must provide for ex- ‘‘(h) MATCHING CONTRIBUTIONS.— ‘‘(B) provide technical assistance to States
pansion, improvement, or preservation of ‘‘(1) Except as provided in paragraph (2), and local governments for the development,
reasonable and appropriate public access to the Secretary shall require that each coastal implementation, and revision of comprehen-
coastal waters at or in the vicinity of a State that receives a grant under this sec- sive working waterfront plans, which may
working waterfront, except for commercial tion, or a qualified holder designated by that include, subject to the availability of appro-
fishing or other industrial access points coastal State under subsection (g), shall pro- priations, planning grants and assistance,
where the coastal State determines that pub- vide matching funds in an amount equal to pilot projects, feasibility studies, research,
lic access would be unsafe. at least 25 percent of the total cost of the and other projects necessary to further the
‘‘(f) LIMITATIONS.— project carried out with the grant. purposes of this section;
‘‘(1) Except as provided in paragraph (2), a ‘‘(2) The Secretary may waive the applica- ‘‘(C) assist States in developing other tools
grant awarded under this section may be tion of paragraph (1) for any qualified holder to protect working waterfronts;
used to purchase working waterfront or an that is an underserved community, a com- ‘‘(D) collect and disseminate to States
interest in working waterfront, including an munity that has an inability to draw on guidance for best storm water management
easement, only from a willing seller and at other sources of funding because of the small practices in regards to working waterfronts;
fair market value. population or low income of the community, ‘‘(E) provide technical assistance to States
‘‘(2) A grant awarded under this section or for other reasons the Secretary considers and local governments on integrating resil-
may be used to acquire working waterfront appropriate. ience planning into working waterfront pres-
or an interest in working waterfront at less ‘‘(3) A local community designated as a ervation efforts; and
than fair market value only if the owner cer- qualified holder under subsection (g) may ‘‘(F) collect and disseminate best practices
tifies to the Secretary that the sale is being utilize funds or other in-kind contributions on working waterfronts and resilience plan-
entered into willingly and without coercion. donated by a nongovernmental partner to ning.
‘‘(3) No Federal, State, or local entity may satisfy the matching funds requirement ‘‘(k) OTHER REQUIREMENTS.— All laborers
exercise the power of eminent domain to se- under this subsection. and mechanics employed by contractors or
cure title to any property or facilities in ‘‘(4) As a condition of receipt of a grant subcontractors in the performance of con-
connection with a project carried out under under this section, the Secretary shall re- struction, alteration or repair work carried
this section. quire that a coastal State provide to the Sec- out, in whole or in part, with financial as-
‘‘(g) ALLOCATION OF GRANTS TO LOCAL GOV- retary such assurances as the Secretary de- sistance made available under this section
ERNMENTS AND OTHER ENTITIES.— termines are sufficient to demonstrate that shall be paid wages at rates not less than
‘‘(1) The Secretary shall encourage coastal the share of the cost of each eligible project those prevailing on projects of a character
States to broadly allocate amounts received that is not funded by the grant awarded similar in the locality as determined by the
as grants under this section among working under this section has been secured. Secretary of Labor in accordance with sub-
waterfronts identified in working waterfront ‘‘(5) If financial assistance under this sec- chapter IV of chapter 31 of title 40, United
plans approved under subsection (c). tion represents only a portion of the total States Code. With respect to the labor stand-
‘‘(2) Subject to the approval of the Sec- cost of a project, funding from other Federal ards specified in this section, the Secretary
retary, a coastal State may, as part of an ap- sources may be applied to the cost of the
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of Labor shall have the authority and func-
proved working waterfront plan, designate as project. Each portion shall be subject to tions set forth in Reorganization Plan Num-
a qualified holder any unit of State or local match requirements under the applicable bered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.)
government or nongovernmental organiza- provision of law. and section 3145 of title 40, United States
tion, if the coastal State is ultimately re- ‘‘(6) The Secretary shall treat as non-Fed- Code.
sponsible for ensuring that the property will eral match the value of a working waterfront ‘‘(l) REPORTS.—
be managed in a manner that is consistent or interest in a working waterfront, includ- ‘‘(1) The Secretary shall—
with the purposes for which the land entered ing conservation and other easements, that ‘‘(A) develop performance measures to
into the program. is held in perpetuity by a qualified holder, if evaluate and report on the effectiveness of
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5443
the program under this section in accom- tion, study the effects of climate change, en- period beginning at the start of the first fis-
plishing the purpose of this section; and vironmental stressors, and human stressors cal year after the date on which the budget
‘‘(B) submit to Congress a biennial report on carbon sequestration rates, and preserve assessment is submitted under paragraph (1).
that includes such evaluations, an account of the continuity of coastal blue carbon data. The plan shall include an assessment of the
all expenditures, and descriptions of all (c) MEMBERSHIP.—The Interagency Work- use of existing Federal programs to protect
projects carried out using grants awarded ing Group on Coastal Blue Carbon shall be and preserve coastal blue carbon ecosystems
under this section. comprised of senior representatives from the and identify the need for any additional au-
‘‘(2) The Secretary may submit the bien- National Oceanic and Atmospheric Adminis- thorities or programs.
nial report under paragraph (1)(B) by includ- tration, the Environmental Protection Agen- (B) TIMING.—The Interagency Working
ing it in the biennial report required under cy, the National Science Foundation, the Na- Group shall—
section 316. tional Aeronautics and Space Administra- (i) submit the strategic plan under para-
‘‘(m) DEFINITIONS.—In this section: tion, the United States Geological Survey, graph (A) to the Committee on Science,
‘‘(1) The term ‘qualified holder’ means a the United States Fish and Wildlife Service, Space, and Technology of the House of Rep-
coastal State or a unit of local or coastal the National Park Service, the Bureau of In- resentatives, the Committee on Natural Re-
State government or a non-State organiza- dian Affairs, the Smithsonian Institution, sources of the House of Representatives, and
tion designated by a coastal State under sub- the Army Corps of Engineers, the Depart- the Committee on Commerce, Science, and
section (g). ment of Agriculture, the Department of En- Transportation of the Senate on a date that
‘‘(2) The term ‘Secretary’ means the Sec- ergy, the Department of Defense, the Depart- is not later than one year after the enact-
retary, acting through the National Oceanic ment of Transportation, the Department of ment of this Act and not earlier than the
and Atmospheric Administration. State, the Federal Emergency Management date on which the report under paragraph (1)
‘‘(3) The term ‘working waterfront’ means Agency, and the Council on Environmental is submitted to such committees of Congress;
real property (including support structures Quality. and
(d) CHAIR.—The Interagency Working (ii) submit a revised version of such plan
over water and other facilities) that provides
Group shall be chaired by the Administrator. not less than quinquennially thereafter.
access to coastal waters to persons engaged (e) RESPONSIBILITIES.—The Interagency
in commercial and recreational fishing, rec- (C) FEDERAL REGISTER.—Not later than 90
Working Group shall— days before the strategic plan under this
reational fishing and boating businesses, (1) oversee the development, update, and
boatbuilding, aquaculture, or other water-de- paragraph, or any revision thereof, is sub-
maintenance of a national map and inven- mitted under subparagraph (B), the Inter-
pendent, coastal-related business and is used tory of coastal blue carbon ecosystems, in-
for, or that supports, commercial and rec- agency Working Group shall publish such
cluding habitat types with a regional focus plan in the Federal Register and provide an
reational fishing, recreational fishing and in analysis that is usable for local level pro-
boating businesses, boatbuilding, aqua- opportunity for submission of public com-
tection planning and restoration; ments for a period of not less than 60 days.
culture, or other water-dependent, coastal- (2) develop a strategic assessment of the
related business. SEC. ll28A. NATIONAL MAP OF COASTAL BLUE
biophysical, chemical, social, statutory, reg- CARBON ECOSYSTEMS.
‘‘(4) The term ‘working waterfront cov- ulatory, and economic impediments to pro-
enant’ means an agreement in recordable (a) NATIONAL MAP.—The Interagency
tection and restoration of coastal blue car- Working Group shall—
form between the owner of working water- bon ecosystems; (1) produce, update at least once every five
front and one or more qualified holders, that (3) develop a national strategy for years, and maintain a national level map and
provides such assurances as the Secretary foundational science necessary to study, syn- inventory of coastal blue carbon ecosystems,
may require that— thesize, and evaluate the effects of climate including—
‘‘(A) the title to or interest in the working change, environmental, and human stressors (A) the species and types of habitats and
waterfront will be held by a grant recipient on sequestration rates and capabilities of species in the ecosystem;
or qualified holder in perpetuity, except as coastal blue carbon ecosystems protection; (B) the condition of such habitats includ-
provided in subparagraph (C); (4) establish national coastal blue carbon ing whether a habitat is degraded, drained,
‘‘(B) the working waterfront will be man- ecosystem protection and restoration prior- eutrophic, or tidally restricted;
aged in a manner that is consistent with the ities, including an assessment of current (C) type of public or private ownership and
purposes for which the property is acquired Federal funding being used for restoration any protected status;
pursuant to this section, and the property efforts; (D) the size of the ecosystem;
will not be converted to any use that is in- (5) ensure the continuity, use, and inter- (E) the salinity boundaries;
consistent with the purpose of this section; operability of data assets through the (F) the tidal boundaries;
‘‘(C) if the title to or interest in the work- Smithsonian Environmental Research Cen- (G) an assessment of carbon sequestration
ing waterfront is sold or otherwise ex- ter’s Coastal Carbon Data Clearinghouse; potential, methane production, and net
changed— and greenhouse gas reductions including consid-
‘‘(i) all working waterfront owners and (6) assess current legal authorities to pro- eration of—
qualified holders involved in such sale or ex- tect and restore blue carbon ecosystems. (i) quantification;
change shall accede to such agreement; and (f) REPORTS TO CONGRESS.— (ii) verifiability;
‘‘(ii) funds equal to the fair market value (1) IN GENERAL.—Not later than one year (iii) comparison to a historical baseline, as
of the working waterfront or interest in after the date of the enactment of this Act, available; and
working waterfront shall be paid to the Sec- the Interagency Working Group shall provide (iv) permanence of those benefits;
retary by parties to the sale or exchange, to the Committee on Science, Space, and (H) an assessment of cobenefits of eco-
and such funds shall, at the discretion of the Technology of the House of Representatives, system and carbon sequestration;
Secretary, be paid to the coastal State in the Committee on Natural Resources of the (I) the potential for landward migration as
which the working waterfront is located for House of Representatives, and the Com- a result of sea level rise;
use in the implementation of the working mittee on Commerce, Science, and Transpor- (J) any upstream restrictions detrimental
waterfront plan of the State approved by the tation of the Senate a report containing the to the watershed process and conditions such
Secretary under this section; and following: as dams, dikes, and levees;
‘‘(D) such covenant is subject to enforce- (A) A summary of federally funded coastal (K) the conversion of coastal blue carbon
ment and oversight by the coastal State or blue carbon ecosystem research, monitoring, ecosystems to other land uses and the cause
by another person as determined appropriate preservation, and restoration activities, in- of such conversion; and
by the Secretary. cluding the budget for each of these activi- (L) a depiction of the effects of climate
‘‘(n) AUTHORIZATION OF APPROPRIATIONS.— ties and describe the progress in advancing change, including sea level rise, environ-
There is authorized to be appropriated to the the national priorities established in section mental stressors, and human stressors on the
Grant Program $15,000,000.’’. ll28B(a)(4)(A). sequestration rate, carbon storage, and po-
Subtitle R—Blue Carbon for Our Planet (B) An assessment of biophysical, social, tential of coastal blue carbon ecosystems;
SEC. ll28. INTERAGENCY WORKING GROUP. and economic impediments to coastal blue and
(a) ESTABLISHMENT.—The National Science carbon ecosystem restoration, including the (2) in carrying out paragraph (1)—
and Technology Council Subcommittee on vulnerability of coastal blue carbon eco- (A) incorporate, to the extent possible, ex-
Ocean Science and Technology shall estab- systems to climate impacts, such as sea- isting data collected through federally fund-
lish an Interagency Working Group on Coast- level rise, ocean and coastal acidification, ed research and by a Federal agency, State
al Blue Carbon. and other environmental and human agency, local agency, Tribe, including data
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(b) PURPOSES.—The Interagency Working stressors. collected from the National Oceanic and At-
Group on Coastal Blue Carbon shall oversee (2) STRATEGIC PLAN.— mospheric Administration Coastal Change
the development of a national map of coastal (A) IN GENERAL.—The Interagency Working Analysis Program, U.S. Fish and Wildlife
blue carbon ecosystems, establish national group shall create a strategic plan for Fed- Service National Wetlands Inventory, United
coastal blue carbon ecosystem protection eral investments in basic research, develop- States Geological Survey LandCarbon pro-
and restoration priorities, assess the bio- ment, demonstration, long-term monitoring gram, Federal Emergency Management
physical, social, and economic impediments and stewardship, and deployment of coastal Agency LiDAR information coordination and
to coastal blue carbon ecosystem restora- blue carbon ecosystem projects for the 5-year knowledge program, Department of Energy
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S5444 CONGRESSIONAL RECORD — SENATE September 28, 2022
Biological and Environmental Research pro- tions for coastal blue carbon ecosystem res- (1) ADMINISTRATOR.—The term ‘‘Adminis-
gram, and Department of Agriculture Na- toration and protection, nature-based adap- trator’’ means the Under Secretary of Com-
tional Coastal Blue Carbon Assessment; and tation strategies, restoration areas that merce for Oceans and Atmosphere in the
(B) engage regional technical experts in intersect with the built environments as Under Secretary’s capacity as the Adminis-
order to accurately account for regional dif- green-gray infrastructure projects, manage- trator of the National Oceanic and Atmos-
ferences in coastal blue carbon ecosystems. ment practices for landward progression or pheric Administration.
(b) USE.—The Interagency Working Group migration of coastal blue carbon ecosystems, (2) COASTAL BLUE CARBON ECOSYSTEM.—The
shall use the national map and inventory— and identify potential barriers to restoration term ‘‘coastal blue carbon ecosystem’’ refers
(1) to assess the carbon sequestration po- efforts, and increase long-term carbon se- to vegetated coastal habitats including
tential of different coastal blue carbon habi- questration and storage; mangroves, tidal marshes, seagrasses, kelp
tats, and account for any regional dif- (2) ensure that the pilot programs cover forests, and other tidal, freshwater, or salt-
ferences; geographically and ecologically diverse loca- water wetlands, and their ability to seques-
(2) to assess and quantify emissions from tions with significant ecological, economic, ter carbon from the atmosphere, accumulate
degraded and destroyed coastal blue carbon and social benefits, such as flood protection, it in biomass for years to decades, and store
ecosystems; soil and beach retention, erosion reduction, it in soils for centuries to millennia. Coastal
(3) to develop regional assessments and to biodiversity, water purification, and nutri- blue carbon ecosystems include both
provide technical assistance to regional, ent cycling to reduce hypoxic conditions, autochthonous carbon and allochthonous
State, Tribal, and local government agen- and maximum potential for greenhouse gas carbon.
cies, and regional information coordination emission reduction; (3) STATE.—The term ‘‘State’’ means each
entities as defined in section 123030(6) of the (3) establish a procedure for reviewing ap- State of the United States, the District of
Integrated Coastal and Ocean Observation plications for the pilot program, taking into Columbia, the Commonwealth of Puerto
System Act (33 U.S.C. 3602); account— Rico, American Samoa, Guam, the Common-
(4) to assess degraded coastal blue carbon (A) quantification; wealth of the Northern Mariana Islands, the
ecosystems and their potential for restora- (B) verifiability; Virgin Islands of the United States, and any
tion, including developing scenario modeling (C) additionality as compared to a histor- other territory of the United States.
to identify vulnerable areas where manage- ical baseline, when feasible; and Subtitle S—Eliminate, Neutralize, and Dis-
ment, protection, and restoration efforts (D) permanence of those benefits; rupt Wildlife Trafficking Reauthorization
should be focused; (4) ensure, through consultation with the and Improvements
(5) produce future predictions of coastal Interagency Working Group, that the goals
blue carbon ecosystems and carbon seques- SEC. ll29. SENSE OF CONGRESS.
and metrics for the pilot programs are com- It is the sense of Congress that—
tration rates in the context of climate municated to the appropriate State, Tribe,
change, environmental stressors, and human (1) the United States Government should
and local governments, and to the general continue to work with international part-
stressors; and public;
(6) use such map to inform the Adminis- ners, including nations, nongovernmental or-
(5) coordinate with relevant Federal agen- ganizations, and the private sector, to iden-
trator of the Environmental Protection cies on the Interagency Working Group to
Agency’s creation of the annual Inventory of tify long-standing and emerging areas of
prevent unnecessary duplication of effort concern in wildlife poaching and trafficking
U.S. Greenhouse Gas Emissions and Sinks. among Federal agencies and departments
SEC. ll28B. RESTORATION AND PROTECTIONS related to global supply and demand; and
with respect to restoration and protection (2) the activities and required reporting of
FOR EXISTING COASTAL BLUE CAR-
BON ECOSYSTEMS.
programs; the Presidential Task Force on Wildlife Traf-
(6) give priority to proposed eligible res- ficking, established by Executive Order No.
(a) IN GENERAL.—The Administrator
shall— toration activities that would— 13648 (78 Fed. Reg. 40621), and modified by
(1) lead the Interagency Working Group in (A) result in long-term protection and se- sections 201 and 301 of the Eliminate, Neu-
implementing the strategic plan under sec- questration of carbon stored in coastal and tralize, and Disrupt Wildlife Trafficking Act
tion ll28(f)(2); marine environments; of 2016 (16 U.S.C. 7621 and 7631) should be re-
(2) coordinate monitoring and research ef- (B) protect key habitats for fish, wildlife, authorized to minimize the disruption of the
forts among Federal agencies in cooperation and the maintenance of biodiversity; work of such Task Force.
with State, local, and Tribal government and (C) provide coastal protection from devel- SEC. ll29A. DEFINITIONS.
international partners and nongovernmental opment, storms, flooding, and land-based Section 2 of the Eliminate, Neutralize, and
organizations; pollution; Disrupt Wildlife Trafficking Act of 2016 (16
(3) establish a national goal for conserving (D) protect coastal resources of national, U.S.C. 7601) is amended—
ocean and coastal blue carbon ecosystems historical, and cultural significance; and (1) in paragraph (3), by inserting ‘‘involv-
within the territory of the United States, (E) benefit communities of color, low-in- ing local communities’’ after ‘‘approach to
and as appropriate setting targets for res- come communities, Tribal or Indigenous conservation’’;
toration of degraded coastal blue carbon eco- communities, or rural communities; and (2) by amending paragraph (4) to read as
systems; (7) report to the Interagency Working follows:
(4) in coordination with the Interagency Group, and Committee on Science, Space, ‘‘(4) COUNTRY OF CONCERN.—The term
Working Group and as informed by the re- and Technology of the House of Representa- ‘country of concern’ means a foreign country
port under section ll28(f) on current Fed- tives, the Committee on Natural Resources specially designated by the Secretary of
eral expenditures on coastal blue carbon eco- of the House of Representatives, and the State pursuant to section 201(b) as a major
system restoration, identify— Committee on Commerce, Science, and source of wildlife trafficking products or
(A) national coastal blue carbon ecosystem Transportation of the Senate on the total their derivatives, a major transit point of
protection and restoration priorities that number of acres of land or water protected or wildlife trafficking products or their deriva-
would produce the highest rate of carbon se- restored through the program, the status of tives, or a major consumer of wildlife traf-
questration and greatest ecosystem benefits restoration projects, and the blue carbon se- ficking products, in which—
such as flood protection, soil and beach re- questration potential of each restoration ‘‘(A) the government has actively engaged
tention, erosion reduction, biodiversity, pilot project. in, or knowingly profited from, the traf-
water purification, and nutrient cycling in SEC. ll28C. NAS ASSESSMENT OF CONTAIN- ficking of protected species; or
MENT OF CARBON DIOXIDE IN DEEP
the context of other environmental stressors ‘‘(B) the government facilitates such traf-
SEAFLOOR ENVIRONMENT.
and climate change; and ficking through conduct that may include a
Not later than 90 days after the date of the persistent failure to make serious and sus-
(B) ways to improve coordination and to
enactment of this Act, the Administrator tained efforts to prevent and prosecute such
prevent unnecessary duplication of effort
shall seek to enter into an agreement with trafficking.’’; and
among Federal agencies and departments
the National Academy of Sciences to con- (3) in paragraph (11), by striking ‘‘section
with respect to research on coastal blue car-
duct a comprehensive assessment on the 201’’ and inserting ‘‘section 301’’.
bon ecosystems through existing and new
long-term effects of geologic stores of carbon SEC. ll29B. FRAMEWORK FOR INTERAGENCY
coastal management networks; and
dioxide in a deep seafloor environment, in- RESPONSE AND REPORTING.
(5) in coordination with State, local, and
cluding impacts on marine species and eco- (a) REAUTHORIZATION OF REPORT ON MAJOR
Tribal governments and coastal stake-
systems. WILDLIFE TRAFFICKING COUNTRIES.—Section
holders, develop integrated pilot programs to
SEC. ll28D. AUTHORIZATION OF APPROPRIA- 201 of the Eliminate, Neutralize, and Disrupt
SSpencer on DSK126QN23PROD with SENATE
restore degraded coastal blue carbon eco-
TIONS. Wildlife Trafficking Act of 2016 (16 U.S.C.
systems in accordance with subsection (b).
(b) INTEGRATED PILOT PROGRAMS TO RE- There are authorized to be appropriated to 7621) is amended—
STORE AND PROTECT DEGRADED COASTAL BLUE the National Oceanic and Atmospheric Ad- (1) in subsection (a), by striking ‘‘annually
CARBON ECOSYSTEMS.—In carrying out sub- ministration to carry out this subtitle thereafter’’ and inserting ‘‘biennially there-
section (a)(5), the Administrator shall— $15,000,000 for each of the fiscal years 2023 after by June 1 of each year in which a re-
(1) establish integrated pilot programs that through 2027. port is required’’; and
develop best management practices, includ- SEC. ll28E. DEFINITIONS. (2) by amending subsection (c) to read as
ing design criteria and performance func- In this subtitle: follows:
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5445
‘‘(c) DESIGNATION.—A country may be des- eign Assistance Act of 1961 (22 U.S.C. duction of any papers, books, or other
ignated as a country of concern under sub- 2378d(d)) is amended— records relevant to the subject matter under
section (b) regardless of such country’s sta- (1) by redesignating paragraphs (4), (5), (6), investigation.
tus as a focus country.’’. and (7) as paragraphs (5), (6), (7), and (8), re- ‘‘(2) FEES AND MILEAGE FOR WITNESSES.—A
(b) PRESIDENTIAL TASK FORCE ON WILDLIFE spectively; and witness summoned under paragraph (1) shall
TRAFFICKING RESPONSIBILITIES.—Section (2) by inserting after paragraph (3) the fol- be paid the same fees and mileage that are
301(a) of the Eliminate, Neutralize, and Dis- lowing: paid to witnesses in the courts of the United
rupt Wildlife Trafficking Act of 2016 (16 ‘‘(4) routinely request and obtain such in- States.
U.S.C. 7631(a)) is amended— formation from the United States Agency for ‘‘(3) REFUSAL TO OBEY SUBPOENAS.—
(1) in paragraph (4), by striking ‘‘and’’ at International Development, the United ‘‘(A) IN GENERAL.—In the case of a contu-
the end; States Fish and Wildlife Service, and other macy or refusal to obey a subpoena served on
(2) by redesignating paragraph (5) as para- relevant Federal agencies that partner with any person pursuant to this subsection, the
graph (10); and international nongovernmental conservation district court of the United States for any
(3) by inserting after paragraph (4) the fol- groups;’’. judicial district in which the person is found,
lowing: (b) REQUIRED IMPLEMENTATION.—The Sec- resides, or transacts business, on application
‘‘(5) pursue programs and develop a strat- retary of State shall implement the proce- by the United States and after notice to that
egy— dures established pursuant to section 620M(d) person, shall have jurisdiction to issue an
‘‘(A) to expand the role of technology for of the Foreign Assistance Act of 1961, as order requiring that person to appear and
anti-poaching and anti-trafficking efforts, in amended by subsection (a), including vetting give testimony before the Secretary, to ap-
partnership with the private sector, foreign individuals and units, whenever the United pear and produce documents before the Sec-
governments, academia, and nongovern- States Agency for International Develop- retary, or both.
mental organizations (including technology ment, the United States Fish and Wildlife ‘‘(B) FAILURE TO OBEY.—Any failure to obey
companies and the transportation and logis- Service, or any other relevant Federal agen- an order issued by a district court of the
tics sectors); and cy that partners with international non- United States under subparagraph (A) may
‘‘(B) to enable local governments to de- governmental conservation groups provides be punished by that court as a contempt of
velop and use such technologies; assistance to any unit of the security forces that court.’’.
‘‘(6) consider programs and initiatives that of a foreign country. (c) BALD AND GOLDEN EAGLE PROTECTION
SEC. ll29D. ISSUANCE OF SUBPOENAS IN WILD- ACT.—
address the expansion of the illegal wildlife
LIFE TRAFFICKING CIVIL PENALTY (1) CIVIL PENALTIES.—Subsection (b) of the
trade to digital platforms, including the use
ENFORCEMENT ACTIONS. first section of the Act of June 8, 1940 (com-
of digital currency and payment platforms
(a) ENDANGERED SPECIES ACT OF 1973.—Sec- monly known as the ‘‘Bald and Golden Eagle
for transactions by collaborating with the
tion 11(e) of the Endangered Species Act of Protection Act’’) (16 U.S.C. 668(b)), is amend-
private sector, academia, and nongovern-
1973 (16 U.S.C. 1540(e)) is amended by adding ed—
mental organizations, including social
at the end the following: (A) by striking ‘‘(b) Whoever, within the’’
media, e-commerce, and search engine com-
‘‘(7) ISSUANCE OF SUBPOENAS.— and inserting the following:
panies, as appropriate; ‘‘(b) CIVIL PENALTIES.—
‘‘(A) IN GENERAL.—For the purposes of any
‘‘(7)(A) establish and publish a procedure ‘‘(1) IN GENERAL.—Whoever, within the’’;
inspection or investigation relating to the
for removing from the list in the biennial re- (B) in paragraph (1) (as so designated), in
import into, or the export from, the United
port any country of concern that no longer the first sentence, by striking ‘‘Secretary’’
States of any fish or wildlife or plants cov-
meets the definition of country of concern and inserting ‘‘Secretary of the Interior (re-
ered under this Act or relating to the deliv-
under section 2(4); ferred to in this subsection as the ‘Sec-
ery, receipt, carrying, transport, shipment,
‘‘(B) include details about such procedure retary’)’’; and
sale, or offer for sale in interstate or foreign
in the next report required under section 201; (C) by adding at the end the following:
commerce of any such fish or wildlife or
‘‘(8)(A) implement interventions to address ‘‘(2) HEARINGS; ISSUANCE OF SUBPOENAS.—
plants imported into, or exported from, the
the drivers of poaching, trafficking, and de- ‘‘(A) HEARINGS.—Hearings held during pro-
United States, the Secretary may issue sub-
mand for illegal wildlife and wildlife prod- ceedings for the assessment of civil penalties
poenas for the attendance and testimony of
ucts in focus countries and countries of con- under paragraph (1) shall be conducted in ac-
witnesses and the production of any papers,
cern; cordance with section 554 of title 5, United
books, or other records relevant to the sub-
‘‘(B) set benchmarks for measuring the ef- States Code.
ject matter under investigation.
fectiveness of such interventions; and ‘‘(B) ISSUANCE OF SUBPOENAS.—
‘‘(B) FEES AND MILEAGE FOR WITNESSES.—A
‘‘(C) consider alignment and coordination ‘‘(i) IN GENERAL.—For purposes of any hear-
witness summoned under subparagraph (A)
with indicators developed by the Task Force; ing held during proceedings for the assess-
shall be paid the same fees and mileage that
‘‘(9) consider additional opportunities to ment of civil penalties under paragraph (1),
are paid to witnesses in the courts of the
increase coordination between law enforce- the Secretary may issue subpoenas for the
United States.
ment and financial institutions to identify attendance and testimony of witnesses and
‘‘(C) REFUSAL TO OBEY SUBPOENAS.—
trafficking activity; and’’. the production of relevant papers, books, and
‘‘(i) IN GENERAL.—In the case of a contu-
(c) PRESIDENTIAL TASK FORCE ON WILDLIFE documents, and may administer oaths.
macy or refusal to obey a subpoena served on
TRAFFICKING STRATEGIC REVIEW.—Section 301 ‘‘(ii) FEES AND MILEAGE FOR WITNESSES.—A
any person pursuant to this paragraph, the
of the Eliminate, Neutralize, and Disrupt witness summoned pursuant to clause (i)
district court of the United States for any
Wildlife Trafficking Act of 2016 (16 U.S.C. shall be paid the same fees and mileage that
judicial district in which the person is found,
7631), as amended by subsection (b), is fur- are paid to witnesses in the courts of the
resides, or transacts business, on application
ther amended— United States.
by the United States and after notice to that
(1) in subsection (d)— ‘‘(iii) REFUSAL TO OBEY SUBPOENAS.—
person, shall have jurisdiction to issue an
(A) in the matter preceding paragraph (1), ‘‘(I) IN GENERAL.—In the case of a contu-
order requiring that person to appear and
by striking ‘‘annually’’ and inserting ‘‘bien- macy or refusal to obey a subpoena served on
give testimony before the Secretary, to ap-
nially’’; any person pursuant to this subparagraph,
pear and produce documents before the Sec-
(B) in paragraph (4), by striking ‘‘and’’ at the district court of the United States for
retary, or both.
the end; any judicial district in which the person is
‘‘(ii) FAILURE TO OBEY.—Any failure to obey
(C) in paragraph (5), by striking the period found, resides, or transacts business, on ap-
an order issued by a district court of the
at the end and inserting ‘‘; and’’; and plication by the United States and after no-
United States under clause (i) may be pun-
(D) by adding at the end the following: tice to that person, shall have jurisdiction to
ished by that court as a contempt of that
‘‘(6) an analysis of the indicators developed issue an order requiring that person to ap-
court.’’.
by the Task Force, and recommended by the (b) LACEY ACT AMENDMENTS OF 1981.—Sec- pear and give testimony before the Sec-
Government Accountability Office, to track tion 6 of the Lacey Act Amendments of 1981 retary, to appear and produce documents be-
and measure inputs, outputs, law enforce- (16 U.S.C. 3375) is amended by adding at the fore the Secretary, or both.
ment outcomes, and the market for wildlife end the following: ‘‘(II) FAILURE TO OBEY.—Any failure to
products for each focus country listed in the ‘‘(e) ISSUANCE OF SUBPOENAS.— obey an order issued by a court of the United
report, including baseline measures, as ap- ‘‘(1) IN GENERAL.—For the purposes of any States under subclause (I) may be punished
propriate, for each indicator in each focus inspection or investigation relating to the by that court as a contempt of that court.’’.
country to determine the effectiveness and import into, or the export from, the United (2) INVESTIGATORY SUBPOENAS.—Section 3
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appropriateness of such indicators to assess States of any fish or wildlife or plants cov- of the Act of June 8, 1940 (commonly known
progress and whether additional or separate ered under this Act or relating to the trans- as the ‘‘Bald and Golden Eagle Protection
indicators, or adjustments to indicators, port, sale, receipt, acquisition, or purchase Act’’) (16 U.S.C. 668b), is amended by adding
may be necessary for focus countries.’’; and in interstate or foreign commerce of any at the end the following:
(2) by striking subsection (e). such fish or wildlife or plants imported into ‘‘(d) ISSUANCE OF SUBPOENAS.—
SEC. ll29C. FUNDING SAFEGUARDS. or exported from the United States, the Sec- ‘‘(1) IN GENERAL.—For the purposes of any
(a) PROCEDURES FOR OBTAINING CREDIBLE retary may issue subpoenas for the attend- inspection or investigation relating to the
INFORMATION.—Section 620M(d) of the For- ance and testimony of witnesses and the pro- import into or the export from the United
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S5446 CONGRESSIONAL RECORD — SENATE September 28, 2022
States of any bald or golden eagles covered clude the Walker Ridge (Molok Luyuk) Addi- filling the trust responsibility to Indian
under this Act, or any parts, nests, or eggs of tion. Tribes in the stewardship of Federal lands
any such bald or golden eagles, the Secretary (2) MAP.— and waters).
of the Interior may issue subpoenas for the (A) CORRECTIONS.—The Secretary may (e) DESIGNATION OF CONDOR RIDGE (MOLOK
attendance and testimony of witnesses and make clerical and typographical corrections LUYUK) IN LAKE AND COLUSA COUNTIES, CALI-
the production of any papers, books, or other to the Map. FORNIA.—
records relevant to the subject matter under (B) PUBLIC AVAILABILITY; EFFECT.—The (1) IN GENERAL.—The parcel of Federal land
investigation. Map and any corrections to the Map under administered by the Bureau of Land Manage-
‘‘(2) FEES AND MILEAGE FOR WITNESSES.—A subparagraph (A) shall— ment located in Lake and Colusa Counties in
witness summoned under paragraph (1) shall (i) be publicly available on the website of the State of California and commonly re-
be paid the same fees and mileage that are the Bureau of Land Management; and ferred to as ‘‘Walker Ridge’’ shall be known
paid to witnesses in the courts of the United (ii) have the same force and effect as if in- and designated as ‘‘Condor Ridge (Molok
States. cluded in this section. Luyuk)’’.
‘‘(3) REFUSAL TO OBEY SUBPOENAS.— (3) ADMINISTRATION.—Subject to valid ex- (2) REFERENCES.—Any reference in a law,
‘‘(A) IN GENERAL.—In the case of a contu- isting rights, the Secretary shall administer map, regulation, document, paper, or other
macy or refusal to obey a subpoena served on the Walker Ridge (Molok Luyuk) Addition— record of the United States to the parcel of
any person pursuant to this subsection, the (A) as part of the National Monument; Federal land described in paragraph (1) shall
district court of the United States for any (B) in accordance with Presidential Procla- be deemed to be a reference to ‘‘Condor
judicial district in which the person is found, mation 9298, dated July 10, 2015 (80 Fed. Reg. Ridge (Molok Luyuk)’’.
resides, or transacts business, on application 41975); and (3) MAP AND LEGAL DESCRIPTION.—
by the United States and after notice to that (C) in accordance with applicable laws (in- (A) PREPARATION.—
person, shall have jurisdiction to issue an cluding regulations). (i) INITIAL MAP.—The Board shall prepare a
order requiring that person to appear and (c) MANAGEMENT PLAN.— map and legal description of the parcel of
give testimony before the Secretary of the (1) IN GENERAL.—Not later than 1 year after Federal land designated by paragraph (1).
Interior, to appear and produce documents the date of enactment of this Act, the Sec- (ii) CORRECTIONS.—The Board and the Di-
before the Secretary of the Interior, or both. retary and the Secretary of Agriculture shall rector of the Bureau of Land Management
‘‘(B) FAILURE TO OBEY.—Any failure to obey jointly develop a comprehensive manage- may make clerical and typographical correc-
an order issued by a court of the United ment plan for the National Monument in ac- tions to the map and legal description pre-
States under subparagraph (A) may be pun- cordance with, and in a manner that fulfills pared under clause (i).
ished by that court as a contempt of that the purposes described in, Presidential Proc- (B) CONSULTATION.—In preparing the map
court.’’. lamation 9298, dated July 10, 2015 (80 Fed. and legal description under subparagraph
Reg. 41975). (A)(i), the Board shall consult with—
SA 5952. Mr. PADILLA (for himself (2) TRIBAL CONSULTATION.—The Secretary (i) the Director of the Bureau of Land Man-
and Mrs. FEINSTEIN) submitted an and the Secretary of Agriculture shall con- agement; and
amendment intended to be proposed to sult with affected federally recognized In- (ii) affected federally recognized Indian
dian Tribes in— Tribes.
amendment SA 5499 submitted by Mr.
(A) the development of the management (C) PUBLIC AVAILABILITY; EFFECT.—The map
REED (for himself and Mr. INHOFE) and plan under paragraph (1); and and legal description prepared under sub-
intended to be proposed to the bill H.R. (B) making management decisions relating paragraph (A)(i) and any correction to the
7900, to authorize appropriations for to the National Monument. map or legal description made under sub-
fiscal year 2023 for military activities (3) CONTINUED ENGAGEMENT WITH INDIAN paragraph (A)(ii) shall—
of the Department of Defense, for mili- TRIBES.—The management plan developed (i) be publicly available on the website of
tary construction, and for defense ac- under paragraph (1) shall set forth param- the Board, the Bureau of Land Management,
tivities of the Department of Energy, eters for continued meaningful engagement or both; and
to prescribe military personnel with affected federally recognized Indian (ii) have the same force and effect as if in-
strengths for such fiscal year, and for Tribes in the implementation of the manage- cluded in this section.
ment plan.
other purposes; which was ordered to
(4) EFFECT.—Nothing in this section affects SA 5953. Mr. PADILLA submitted an
lie on the table; as follows: the conduct of fire mitigation or suppression amendment intended to be proposed to
At the end of subtitle G of title X, add the activities at the National Monument, includ-
following:
amendment SA 5499 submitted by Mr.
ing through the use of existing agreements. REED (for himself and Mr. INHOFE) and
SEC. 1077. BERRYESSA SNOW MOUNTAIN NA- (d) AGREEMENTS AND PARTNERSHIPS.—To
TIONAL MONUMENT EXPANSION. the maximum extent practicable and in ac- intended to be proposed to the bill H.R.
(a) DEFINITIONS.—In this section: cordance with applicable laws, on request of 7900, to authorize appropriations for
(1) BOARD.—The term ‘‘Board’’ means the an affected federally recognized Indian fiscal year 2023 for military activities
Board on Geographic Names established by Tribe, the Secretary (acting through the Di- of the Department of Defense, for mili-
section 2 of the Act of July 25, 1947 (61 Stat. rector of the Bureau of Land Management) tary construction, and for defense ac-
456, chapter 330; 43 U.S.C. 364a). and the Secretary of Agriculture (acting tivities of the Department of Energy,
(2) MAP.—The term ‘‘Map’’ means the map through the Chief of the Forest Service)
to prescribe military personnel
entitled ‘‘Proposed Walker Ridge (Molok shall enter into agreements, contracts, and
Luyuk) Addition Berryessa Snow Mountain other cooperative and collaborative partner- strengths for such fiscal year, and for
National Monument’’ and dated October 26, ships with the federally recognized Indian other purposes; which was ordered to
2021. Tribe regarding management of the National lie on the table; as follows:
(3) MOLOK LUYUK.—The term ‘‘Molok Monument under relevant Federal authority, At the appropriate place, insert the fol-
Luyuk’’ means Condor Ridge (in the Patwin including— lowing:
language). (1) the Indian Self-Determination and Edu- SEC. lll. IRAN HOSTAGES CONGRESSIONAL
(4) NATIONAL MONUMENT.—The term ‘‘Na- cation Assistance Act (25 U.S.C. 5301 et seq.); GOLD MEDAL.
tional Monument’’ means the Berryessa (2) the Federal Land Policy and Manage- (a) FINDINGS.—Congress finds the fol-
Snow Mountain National Monument estab- ment Act of 1976 (43 U.S.C. 1701 et seq.); lowing:
lished by Presidential Proclamation 9298, (3) the Tribal Self-Governance Act of 1994 (1) On January 20, 1981, United States dip-
dated July 10, 2015 (80 Fed. Reg. 41975), in- (25 U.S.C. 5361 et seq.); lomats, military personnel, and civilians
cluding all land, interests in the land, and (4) the Tribal Forest Protection Act of 2004 were released after being held hostage for 444
objects on the land identified in that Presi- (25 U.S.C. 3115a et seq.); days by militant student supporters of Iran’s
dential Proclamation. (5) the good neighbor authority under sec- Ayatollah Ruhollah Khomeini in a violation
(5) SECRETARY.—The term ‘‘Secretary’’ tion 8206 of the Agricultural Act of 2014 (16 of international law. The individuals were
means the Secretary of the Interior. U.S.C. 2113a); taken from the United States Embassy in
(6) WALKER RIDGE (MOLOK LUYUK) ADDI- (6) Executive Order 13175 (25 U.S.C. 5301 Tehran, Iran, and the ordeal came to be
TION.—The term ‘‘Walker Ridge (Molok note; relating to consultation and coordina- known as the Iran Hostage Crisis.
Luyuk) Addition’’ means the approximately tion with Indian Tribal governments); (2) The hostages were subjected to intense
3,925 acres of Federal land (including any in- (7) Secretarial Order 3342, issued by the physical and psychological torture through-
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terests in, or objects on, the land) adminis- Secretary on October 21, 2016 (relating to out their captivity, such as mock executions,
tered by the Bureau of Land Management in identifying opportunities for cooperative and beatings, solitary confinement, and inhos-
Lake County, California, and identified as collaborative partnerships with federally pitable living conditions.
‘‘Proposed Walker Ridge (Molok Luyuk) Ad- recognized Indian Tribes in the management (3) Throughout their time held, the hos-
dition’’ on the Map. of Federal lands and resources); and tages were routinely told to denounce the
(b) NATIONAL MONUMENT EXPANSION.— (8) Joint Secretarial Order 3403, issued by United States and, when they refused, they
(1) BOUNDARY MODIFICATION.—The boundary the Secretary and the Secretary of Agri- were tortured, but remained strong in their
of the National Monument is modified to in- culture on November 15, 2021 (relating to ful- spirit.
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