[Congressional Record Volume 146, Number 82 (Monday, June 26, 2000)]
[Senate]
[Pages S5766-S5769]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           OCEANS ACT OF 2000

  Mr. THOMAS. Mr. President, I ask unanimous consent the Senate proceed 
to the consideration of Calendar No. 568, S. 2327.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2327) to establish a Commission on Ocean Policy, 
     and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 3620

  (Purpose: To establish a Commission on Ocean Policy, and for other 
                               purposes)

  Mr. THOMAS. Mr. President, Senator Hollings has a substitute 
amendment at the desk, and I ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Wyoming [Mr. Thomas], for Mr. Hollings, 
     proposes an amendment numbered 3620.

  Mr. THOMAS. I ask unanimous consent reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. McCAIN. Mr. President, I rise in support of S. 2327, the Oceans 
Act of 2000. This bill would establish a Commission on Ocean Policy to 
assess the problems that face our nation's coastal regions. Over half 
of the U.S. population lives in these areas and they are the source of 
one third of our gross domestic product. Clearly, the current problems 
faced in our coastal areas cannot be left unattended. Senator Hollings, 
the ranking member on the Commerce Committee, has worked hard on this 
legislation. I am pleased that the Committee was able to report this 
bill in the most expeditious manner.
  The Commission will examine current programs and policies related to 
coastal and Great Lakes regions, and determine whether the problems in 
such areas are adequately addressed by current laws, regulations, and 
public policy. The 1966 Stratton Commission, also the result of the 
hard work of Senators Hollings, Stevens, and Inouye, led to the 
establishment of the National Oceanic and Atmospheric Administration 
and the enactment of the Coastal Zone Management Act. While the 
Stratton Commission provided an invaluable service to our nation, over 
thirty years have passed since that landmark study. Now it is necessary 
to reexamine the programs, policies, and state of America's coastal 
areas.
  The Commission established by this bill will issue recommendations to 
the President and Congress to develop an effective and efficient 
national policy for our coastal regions. Mr. President, it is time for 
a comprehensive review of the policies that affect so many Americans.
  I thank Senator Hollings for his hard work and determination to 
address this issue. Mr. President, I urge the Senate to pass the Oceans 
Act of 2000.
  Mr. HOLLINGS. Mr. President, I rise today in support of Senate 
passage of S. 2327, the Oceans Act of 2000. The bill calls for an 
action plan for the twenty-first century to explore, protect, and make 
better use of our oceans and coasts. Its passage is, quite simply, the 
most important step we can take today to ensure an effective, 
coordinated and comprehensive ocean policy to guide us into the new 
millennium.
  I thank my colleagues in the Commerce Committee for their support, in 
particular, Senators Snowe, Kerry, and Stevens, for their cosponsorship 
and their efforts over the last several weeks to bring this bill to the 
floor. Following in the Commerce Committee tradition with respect to 
ocean issues, this has been a bipartisan process. I also thank the 
other cosponsors of the legislation, Senators Breaux, Inouye, Boxer, 
Lautenberg, Murkowski, Lieberman, Akaka, Feinstein, Cleland, Moynihan, 
Murray, Reed, Sarbanes, Schumer, Wyden, Landrieu, Murkowski, Chafee, 
and Roth for their continued support. Finally, I want to express my 
appreciation to the numerous industry, environmental, and academic 
groups who agree that the time has come for this bill.
  Mr. President, it is critical that we enact the Oceans Act of 2000 
this year as we pass through the gateway to a new millennium. The 
oceans are again beginning to receive the attention they received in 
1966 when we enacted legislation to establish a Commission on Marine 
Science, Engineering, and Resources (known as the Stratton Commission 
for its chairman Julius Stratton) to recommend a comprehensive national 
program to explore the oceans, develop marine and coastal resources, 
and conserve the sea. The Stratton Commission's report and 
recommendations have shaped U.S. ocean policy for three decades, and 
resulted in the creation of the National Oceanic and Atmospheric 
Administration (NOAA) under Presidential Reorganization Plan Number 
Four, as well as most of the major marine conservation status NOAA 
implements. These include the National Marine Sanctuaries Act, the 
Magnuson-Stevens Fishery Conservation and Management Act, and the 
Coastal Zone Management Act.
  Where the Stratton Commission performed its work with vision and 
integrity, the world has changed in myriad ways since 1966. Ocean and 
coastal issues are growing more popular day by day, but we are able to 
make the necessary headway to ensure they get the attention and 
priority they deserve. Consider the following quote from the National 
Research Council's report entitled Striking a Balance, Improving 
Stewardship of Marine Areas:

       The findings of the Marine Board studies have revealed a 
     strong interest in the nation's coastal and marine areas by 
     present and potential offshore industries, coastal states 
     responsible for resource development and environmental 
     preservation of their offshore regions, and the ocean 
     research community. Little has been done, however, to devise 
     a comprehensive regulatory or management framework for 
     current or future activities in federal and state waters or 
     on or under the seabed in the U.S. Exclusive Economic Zone. 
     The need for a regulatory and

[[Page S5767]]

     management framework is likely to increase in the future . . 
     . No mechanism exists for establishing a common vision and 
     a common set of objectives . . . .

  Establishing an independent national Ocean Commission in the year 
2000 could comprehensively evaluate concerns that cannot be viewed 
effectively through current federal processes or through privately-
commissioned studies. These include concerns about providing 
appropriate priority and funding for critical ocean conservation and 
management issues, as well as whether the ocean management regimes that 
have developed over the last 30 years are duplicative and 
uncoordinated, resulting in costly or time-consuming requirements that 
may provide little incremental environmental benefit.
  The essential elements of the legislation before the Senate today 
remain the same as the Committee-reported version, with further 
amendments to reinforce the importance of science in supporting the 
Commission's activities. The Oceans Act of 2000 would establish a 16-
member high level national Commission, similar to the Stratton 
Commission, to examine ocean and coastal activities and report within 
18 months on recommendations for a national policy. The Commission 
members would be selected from individuals nominated by majority and 
minority representatives in both houses of Congress. Eligible 
individuals include a truly balanced group of experts representing 
state and local governments, academia, ocean-related industries and 
public interest groups.
  The Act would become effective at the end of this year, enabling the 
current Administration to complete the interagency ocean initiative 
resulting from the hard work done by the ocean community for the 1998 
International Year of the Ocean. It will also allow the incoming 
Administration time to evaluate the Commission nominees and make 
appointments. Once the Commission completes its recommendations to the 
President and to Congress, it will then be the President's turn to 
report to Congress how he will respond to these recommendations. As in 
1966, the real work will begin after the Commission completes its 
report. History has taught us that Congressional support and 
participation is essential to ensuring the long-term success of this 
truly national ocean effort. We are off to a very good start. The 
current bill enjoys wide support in the Senate and from industry, 
conservation groups, scientists, and states, all of whom have sent 
numerous letters of support over the past several months. Most 
recently, we have received letters of support from the Chairman of the 
National Academy of Sciences' National Research Council, the fifty-
three member institutions that are part of the Consortium for 
Oceanographic Research and Education, as well as fourteen major 
telecommunications and information technology groups.
  Mr. President, this legislation is both appropriate and long overdue. 
By the end of this decade about 60% of Americans will live along our 
coasts, which account for less than 10% of our land area. I am amazed 
that in this era, when we've invested billions of dollars in exploring 
other planets, we know so little about the ocean and coastal systems 
upon which we and other living things depend. Large storms events like 
Hurricane Floyd and Hugo, driven by ocean-circulation patterns, pose 
the ultimate risk to human health and safety. El Nino-related climate 
events have led to increased incidence of malaria in some countries. 
Harmful algal blooms have been linked to deaths of sea lions in 
California and manatees in Florida, and we are still searching to 
understand their effects on humans. The oceans are home to 80% of all 
life forms on Earth, but only 1% of our biotechnology R&D budget will 
focus on marine life forms. Mr. President, the oceans are integral to 
our lives but we are not putting a high enough priority on finding ways 
to learn more about them, and what they may hold for our future.
  The Stratton Commission stated in 1969: ``How fully and wisely the 
United States uses the sea in the decades ahead will affect profoundly 
its security, its economy, its ability to meet increasing demands for 
food and raw materials, its position and influence in the world 
community, and the quality of the environment in which its people 
live.'' Those words are as true today as they were 30 years ago. It is 
time to look towards the next 30 years. As a nation, we must consider 
the challenges and opportunities that lie ahead and ensure the 
development of an integrated national ocean and coastal policy to deal 
with them well into the next millennium. I urge the Senate to pass this 
legislation.
  Ms. SNOWE. Mr. President, today the Senate is considering S. 2327, 
the Oceans Act of 2000. I am pleased to support this bill, which will 
have a major influence on the direction of U.S. ocean policy, 
management, and research for many years to come.
  In 1966, Congress established the Stratton Commission through the 
enactment of the Marine Resources and Engineering Development Act. The 
Stratton Commission provided a comprehensive evaluation of the role of 
the ocean to the United States and provided a series of recommendations 
regarding ocean and coastal policy for the future.
  After over 30 months of meetings, hearings, and correspondence, the 
Commission produced the 1969 report, ``Our Nation and the Sea''. The 
document made a significant impact on coastal and ocean policy, leading 
to the creation of the National Oceanic and Atmospheric Administration 
in 1970 and the National Coastal Zone Management Program in 1972.
  Now, over thirty years after publication of the original Stratton 
Commission report, it is time to reexamine current U.S. programs and 
legislation that affect the oceans, Great Lakes, and coastal zones. Our 
coastal regions and ocean resources are under increasing pressures. In 
the United States, more than 53 percent of the population is living in 
coastal regions that comprise only 17 percent of the contiguous U.S. 
land area. Additionally, the coastal population is increasing by 3,600 
people per day, with a projected coastal increase of 27 million people 
by the year 2015.
  The increasing pressures on the coast are being mirrored in the 
oceans. Valuable commercial activities such as shipping and maritime 
transportation, oil and gas production, and fishing impact the oceans 
and Great Lakes. Additionally, environmental stresses, such as 
pollution and increased water temperatures potentially due to global 
climate change, are exacerbating existing problems.
  The Oceans Act of 2000 will create a Commission on Ocean Policy to 
examine a variety of ocean and Great Lakes issues. Protection of the 
marine environment, prevention of marine pollution, enhancement of 
maritime commerce and transportation, response to natural hazards, and 
preservation of the United States' role as a leader in ocean and 
coastal activities will all be reviewed. The Commission will be 
composed of 16 members that represent state and local governments, 
ocean-related industries, academic and technical institutions, and 
relevant public interest organizations. The members will be nominated 
by Congress and appointed by the President.
  The Commission will be responsible for submitting a report to 
Congress and the President, within 18 months, containing their 
recommendations. These recommendations will focus on the development of 
a comprehensive, cost-effective policy to address pressing ocean and 
coastal issues. It will provide important guidance to policy makers on 
how to shape the future direction of ocean policy for the United 
States.
  Mr. President, I would like to recognize Senator Hollings, the author 
of the bill, for his work creating the original Stratton Commission and 
for his leadership on this issue. In addition, Senator Stevens and 
Senator Inouye, both original cosponsors of the legislation, were 
involved with the work of the Stratton Commission, and I look forward 
to working with them and the other members of the Commerce Committee on 
the Oceans Act of 2000. Finally, I would like to thank Senator McCain, 
the Chairman of the Committee and Senator Kerry, the ranking member of 
the Oceans and Fisheries Subcommittee for their support of this 
measure.
  Mr. THOMAS. I ask unanimous consent that the amendment be agreed to, 
the bill be read the third time and passed, the motion to reconsider be 
laid upon the table, and any statements relating to the bill be printed 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page S5768]]

  The amendment (No. 3620) was agreed to.
  The bill (S. 2327), as amended, was considered read the third time 
and passed, as follows:

                                S. 2327

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Oceans Act of 2000''.

     SEC. 2. PURPOSE AND OBJECTIVES.

       The purpose of this Act is to establish a commission to 
     make recommendations for coordinated and comprehensive 
     national ocean policy that will promote--
       (1) the protection of life and property against natural and 
     manmade hazards;
       (2) responsible stewardship, including use, of fishery 
     resources and other ocean and coastal resources;
       (3) the protection of the marine environment and prevention 
     of marine pollution;
       (4) the enhancement of marine-related commerce and 
     transportation, the resolution of conflicts among users of 
     the marine environment, and the engagement of the private 
     sector in innovative approaches for sustainable use of living 
     marine resources and responsible use of non-living marine 
     resources;
       (5) the expansion of human knowledge of the marine 
     environment including the role of the oceans in climate and 
     global environmental change and the advancement of education 
     and training in fields related to ocean and coastal 
     activities;
       (6) the continued investment in and development and 
     improvement of the capabilities, performance, use, and 
     efficiency of technologies for use in ocean and coastal 
     activities, including investments and technologies designed 
     to promote national energy and food security;
       (7) close cooperation among all government agencies and 
     departments and the private sector to ensure--
       (A) coherent and consistent regulation and management of 
     ocean and coastal activities;
       (B) availability and appropriate allocation of Federal 
     funding, personnel, facilities, and equipment for such 
     activities;
       (C) cost-effective and efficient operation of Federal 
     departments, agencies, and programs involved in ocean and 
     coastal activities; and
       (D) enhancement of partnerships with State and local 
     governments with respect to ocean and coastal activities, 
     including the management of ocean and coastal resources and 
     identification of appropriate opportunities for policy-making 
     and decision-making at the State and local level; and
       (8) the preservation of the role of the United States as a 
     leader in ocean and coastal activities, and, when it is in 
     the national interest, the cooperation by the United States 
     with other nations and international organizations in ocean 
     and coastal activities.

     SEC. 3. COMMISSION ON OCEAN POLICY.

       (a) Establishment.--There is hereby established the 
     Commission on Ocean Policy. The Federal Advisory Committee 
     Act (5 U.S.C. App.), except for sections 3, 7, and 12, does 
     not apply to the Commission.
       (b) Membership.--
       (1) Appointment.--The Commission shall be composed of 16 
     members appointed by the President from among individuals 
     described in paragraph (2) who are knowledgeable in ocean and 
     coastal activities, including individuals representing State 
     and local governments, ocean-related industries, academic and 
     technical institutions, and public interest organizations 
     involved with scientific, regulatory, economic, and 
     environmental ocean and coastal activities. The membership of 
     the Commission shall be balanced by area of expertise and 
     balanced geographically to the extent consistent with 
     maintaining the highest level of expertise on the Commission.
       (2) Nominations.--The President shall appoint the members 
     of the Commission, within 90 days after the effective date of 
     this Act, including individuals nominated as follows:
       (A) 4 members shall be appointed from a list of 8 
     individuals who shall be nominated by the Majority Leader of 
     the Senate in consultation with the Chairman of the Senate 
     Committee on Commerce, Science, and Transportation.
       (B) 4 members shall be appointed from a list of 8 
     individuals who shall be nominated by the Speaker of the 
     House of Representatives in consultation with the Chairmen of 
     the House Committees on Resources, Transportation and 
     Infrastructure, and Science.
       (C) 2 members shall be appointed from a list of 4 
     individuals who shall be nominated by the Minority Leader of 
     the Senate in consultation with the Ranking Member of the 
     Senate Committee on Commerce, Science, and Transportation.
       (D) 2 members shall be appointed from a list of 4 
     individuals who shall be nominated by the Minority Leader of 
     the House in consultation with the Ranking Members of the 
     House Committees on Resources, Transportation and 
     Infrastructure, and Science.
       (3) Chairman.--The Commission shall select a Chairman from 
     among its members. The Chairman of the Commission shall be 
     responsible for--
       (A) the assignment of duties and responsibilities among 
     staff personnel and their continuing supervision; and
       (B) the use and expenditure of funds available to the 
     Commission.
       (4) Vacancies.--Any vacancy on the Commission shall be 
     filled in the same manner as the original incumbent was 
     appointed.
       (c) Resources.--In carrying out its functions under this 
     section, the Commission--
       (1) is authorized to secure directly from any Federal 
     agency or department any information it deems necessary to 
     carry out its functions under this Act, and each such agency 
     or department is authorized to cooperate with the Commission 
     and, to the extent permitted by law, to furnish such 
     information (other than information described in section 
     552(b)(1)(A) of title 5, United States Code) to the 
     Commission, upon the request of the Commission;
       (2) may enter into contracts, subject to the availability 
     of appropriations for contracting, and employ such staff 
     experts and consultants as may be necessary to carry out the 
     duties of the Commission, as provided by section 3109 of 
     title 5, United States Code; and
       (3) in consultation with the Ocean Studies Board of the 
     National Research Council of the National Academy of 
     Sciences, shall establish a multidisciplinary science 
     advisory panel of experts in the sciences of living and non-
     living marine resources to assist the Commission in preparing 
     its report, including ensuring that the scientific 
     information considered by the Commission is based on the best 
     scientific information available.
       (d) Staffing.--The Chairman of the Commission may, without 
     regard to the civil service laws and regulations, appoint and 
     terminate an Executive Director and such other additional 
     personnel as may be necessary for the Commission to perform 
     its duties. The Executive Director shall be compensated at a 
     rate not to exceed the rate payable for Level V of the 
     Executive Schedule under section 5136 of title 5, United 
     States Code. The employment and termination of an Executive 
     Director shall be subject to confirmation by a majority of 
     the members of the Commission.
       (e) Meetings.--
       (1) Administration.--All meetings of the Commission shall 
     be open to the public, except that a meeting or any portion 
     of it may be closed to the public if it concerns matters or 
     information described in section 552b(c) of title 5, United 
     States Code. Interested persons shall be permitted to appear 
     at open meetings and present oral or written statements on 
     the subject matter of the meeting. The Commission may 
     administer oaths or affirmations to any person appearing 
     before it:
       (A) All open meetings of the Commission shall be preceded 
     by timely public notice in the Federal Register of the time, 
     place, and subject of the meeting.
       (B) Minutes of each meeting shall be kept and shall contain 
     a record of the people present, a description of the 
     discussion that occurred, and copies of all statements filed. 
     Subject to section 552 of title 5, United States Code, the 
     minutes and records of all meetings and other documents that 
     were made available to or prepared for the Commission shall 
     be available for public inspection and copying at a single 
     location in the offices of the Commission.
       (2) Initial meeting.--The Commission shall hold its first 
     meeting within 30 days after all 16 members have been 
     appointed.
       (3) Required public meetings.--The Commission shall hold at 
     least one public meeting in Alaska and each of the following 
     regions of the United States:
       (A) The Northeast (including the Great Lakes).
       (B) The Southeast (including the Caribbean).
       (C) The Southwest (including Hawaii and the Pacific 
     Territories).
       (D) The Northwest.
       (E) The Gulf of Mexico.
       (f) Report.--
       (1) In general.--Within 18 months after the establishment 
     of the Commission, the Commission shall submit to Congress 
     and the President a final report of its findings and 
     recommendations regarding United States ocean policy.
       (2) Required matter.--The final report of the Commission 
     shall include the following assessment, reviews, and 
     recommendations:
       (A) An assessment of existing and planned facilities 
     associated with ocean and coastal activities including human 
     resources, vessels, computers, satellites, and other 
     appropriate platforms and technologies.
       (B) A review of existing and planned ocean and coastal 
     activities of Federal entities, recommendations for changes 
     in such activities necessary to improve efficiency and 
     effectiveness and to reduce duplication of Federal efforts.
       (C) A review of the cumulative effect of Federal laws and 
     regulations on United States ocean and coastal activities and 
     resources and an examination of those laws and regulations 
     for inconsistencies and contradictions that might adversely 
     affect those ocean and coastal activities and resources, and 
     recommendations for resolving such inconsistencies to the 
     extent practicable. Such review shall also consider conflicts 
     with State ocean and coastal management regimes.
       (D) A review of the known and anticipated supply of, and 
     demand for, ocean and coastal resources of the United States.
       (E) A review of and recommendations concerning the 
     relationship between Federal, State, and local governments 
     and the private sector in planning and carrying out ocean and 
     coastal activities.
       (F) A review of opportunities for the development of or 
     investment in new products,

[[Page S5769]]

     technologies, or markets related to ocean and coastal 
     activities.
       (G) A review of previous and ongoing State and Federal 
     efforts to enhance the effectiveness and integration of ocean 
     and coastal activities.
       (H) Recommendations for any modifications to United States 
     laws, regulations, and the administrative structure of 
     Executive agencies, necessary to improve the understanding, 
     management, conservation, and use of, and access to, ocean 
     and coastal resources.
       (I) A review of the effectiveness and adequacy of existing 
     Federal interagency ocean policy coordination mechanisms, and 
     recommendations for changing or improving the effectiveness 
     of such mechanisms necessary to respond to or implement the 
     recommendations of the Commission.
       (3) Consideration of factors.--In making its assessment and 
     reviews and developing its recommendations, the Commission 
     shall give equal consideration to environmental, technical 
     feasibility, economic, and scientific factors.
       (4) Limitations.--The recommendations of the Commission 
     shall not be specific to the lands and waters within a single 
     State.
       (g) Public and Coastal State Review.--
       (1) Notice.--Before submitting the final report to the 
     Congress, the Commission shall--
       (A) publish in the Federal Register a notice that a draft 
     report is available for public review; and
       (B) provide a copy of the draft report to the Governor of 
     each coastal State, the Committees on Resources, 
     Transportation and Infrastructure, and Science of the House 
     of Representatives, and the Committee on Commerce, Science, 
     and Transportation of the Senate.
       (2) Inclusion of governors' comments.--The Commission shall 
     include in the final report comments received from the 
     Governor of a coastal State regarding recommendations in the 
     draft report.
       (h) Administrative Procedure for Report and Review.--
     Chapter 5 and chapter 7 of title 5, United States Code, do 
     not apply to the preparation, review, or submission of the 
     report required by subsection (e) or the review of that 
     report under subsection (f).
       (i) Termination.--The Commission shall cease to exist 30 
     days after the date on which it submits its final report.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section a total of 
     $6,000,000 for the 3 fiscal-year period beginning with fiscal 
     year 2001, such sums to remain available until expended.

     SEC. 4. NATIONAL OCEAN POLICY.

       (a) National Ocean Policy.--Within 120 days after receiving 
     and considering the report and recommendations of the 
     Commission under section 3, the President shall submit to 
     Congress a statement of proposals to implement or respond to 
     the Commission's recommendations for a coordinated, 
     comprehensive, and long-range national policy for the 
     responsible use and stewardship of ocean and coastal 
     resources for the benefit of the United States. Nothing in 
     this Act authorizes the President to take any administrative 
     or regulatory action regarding ocean or coastal policy, or to 
     implement a reorganization plan, not otherwise authorized by 
     law in effect at the time of such action.
       (b) Cooperation and Consultation.--In the process of 
     developing proposals for submission under subsection (a), the 
     President shall consult with State and local governments and 
     non-Federal organizations and individuals involved in ocean 
     and coastal activities.

     SEC. 5. BIENNIAL REPORT.

       Beginning in September, 2001, the President shall transmit 
     to the Congress biennially a report that includes a detailed 
     listing of all existing Federal programs related to ocean and 
     coastal activities, including a description of each program, 
     the current funding for the program, linkages to other 
     Federal programs, and a projection of the funding level for 
     the program for each of the next 5 fiscal years beginning 
     after the report is submitted.

     SEC. 6. DEFINITIONS.

       In this Act:
       (1) Marine environment.--The term ``marine environment'' 
     includes--
       (A) the oceans, including coastal and offshore waters;
       (B) the continental shelf; and
       (C) the Great Lakes.
       (2) Ocean and coastal resource.--The term ``ocean and 
     coastal resource'' means any living or non-living natural, 
     historic, or cultural resource found in the marine 
     environment.
       (3) Commission.--The term ``Commission'' means the 
     Commission on Ocean Policy established by section 3.

     SEC. 7. EFFECTIVE DATE.

       This Act shall become effective on January 20, 2001.

                          ____________________