[Congressional Record Volume 146, Number 98 (Tuesday, July 25, 2000)]
[House]
[Pages H6856-H6859]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
OCEANS ACT OF 2000
Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 2327) to establish a Commission on Ocean Policy, and
for other purposes.
The Clerk read 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
[[Page H6857]]
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, 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Saxton) and the gentleman from California (Mr. George
Miller) each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Saxton).
General Leave
Mr. SAXTON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material therein on S. 2327.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 2327 establishes a Commission on Ocean Policy and
requires that the President submit a biennial report to the Congress
detailing Federal ocean and coastal activities. Both the House and
Senate adopted similar legislation in the 105th Congress, but no final
measure was cleared for the President's signature.
In this Congress, I joined with the gentleman from California (Mr.
Farr), the gentleman from Pennsylvania (Mr. Greenwood), and others to
introduce
[[Page H6858]]
H.R. 4410, the House companion bill to this bill.
The commission which will be created will consist of 16 members, 12
of which are members nominated by the House and Senate leadership.
Members must be knowledgeable in coastal and ocean activities and
represent geographically diverse districts. The commission will hold
public meetings in coastal regions and gather input on a draft report
from the public, the governors of coastal States, and the appropriate
congressional committees.
The commission will prepare a report that includes a review of
existing and planned ocean and coastal activities of Federal entities
and make recommendations for modifications to the United States laws,
regulations, and administrative structure of executive agencies
necessary to improve the understanding, management, conservation, and
use of, and access to, ocean and coastal resources.
After a final report is submitted to the Congress and the President,
the President is directed to submit to the Congress a statement of
proposals to implement or respond to the commission's recommendations
for coordinated, comprehensive, and long-term national policy for the
responsible use and stewardship of the ocean and coastal resources for
the benefit of the United States.
The President may not take any administrative or regulatory action or
implement a reorganization plan not otherwise authorized by law in
effect at the time of such action.
The Stratton Commission conducted a comprehensive review of national
ocean policy and reported to Congress in 1969. Today, many of that
commission's recommendations have been implemented, but no further
comprehensive review of national ocean policy has been conducted. In
light of the enormous growth of the population in coastal areas; our
vastly improved understanding of physical, chemical, and biological
oceanography; the tremendous technical advances in equipment available
to explore and exploit ocean resources; and the number and complexity
of Federal oceanographic and ocean and coastal resources conservation
and management programs, it is time to conduct another comprehensive
review of U.S. ocean policy. That is what this commission's purpose
will be.
Mr. Speaker, I urge an ``aye'' vote on S. 2327.
Mr. Speaker, I include the following exchange of letters for the
Record:
House of Representatives,
Committee on Science,
Washington, DC, July 25, 2000.
Hon. Don Young,
Chairman, Committee on Resources, Longworth HOB, Washington,
DC.
Dear Chairman Young: I am in receipt of your letter of July
25, 2000 regarding S. 2327, the ``Oceans Act of 2000.''
As you state S. 2327 has provisions which fall within the
jurisdiction of the Committee on Science. Given your desire
to bring S. 2327 to the floor an expeditious manner, the
Committee on Science will not object to its consideration.
We will request an appropriate number of conferees should a
conference be convened on S. 2327 or similar legislation. I
would ask that our exchange of letters be entered into the
Congressional Record.
Sincerely,
F. James Sensenbrenner, Jr.,
Chairman.
____
Committee on Transportation and Infrastructure, House of
Representatives,
Washington, DC, July 25, 2000.
Hon. Don Young,
Chairman, Committee on Resources, Longworth House Office
Building, Washington, DC.
Dear Mr. Chairman: I understand that the Committee on
Resources intends to seek House passage of S. 2327, the
Oceans Act of 2000, with an amendment, so as to clear the
measure for the President.
The Transportation and Infrastructure Committee has a right
to a referral of S. 2327. As you know, this legislation is
based on previous bills establishing a Commission on Ocean
Policy, including S. 1213, the Oceans Act of 1997, which was
referred to our Committee, and H.R. 3445, the Oceans Act of
1998, which would have been referred to our Committee in the
absence of an exchange of letters.
In view of your desire to move S. 2327 expeditiously, I
will not insist on a referral that could delay consideration
of this bill. This action should in no way be considered a
waiver of the jurisdiction of the Committee on Transportation
and Infrastructure over S. 2327. In addition, I would
appreciate your inclusion of this letter in any Floor debate
accompanying House consideration of S. 2327.
Thank you for your cooperation and that of your staff.
Sincerely,
Bud Shuster,
Chairman.
____
House of Representatives,
Committee on Resources,
Washington, DC, July 25, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
Rayburn HOB, Washington, DC.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on Science, Rayburn HOB, Washington, DC.
Dear Messrs. Chairmen: Thank you for your letters regarding
S. 2327, the Oceans Act of 2000. I agree that the bill
contain provisions within your respective committees'
jurisdiction and I appreciate your willingness to waive a
referral of the bill to expedite its consideration by the
House of Representatives this week.
I will be pleased to put your letters and this response in
the Congressional Record when the bill is called up on the
House Floor.
Thank you again for your cooperation.
Sincerely,
Don Young,
Chairman.
Mr. Speaker, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such
time as I may consume.
(Mr. GEORGE MILLER of California asked and was given permission to
revise and extend his remarks.)
Mr. GEORGE MILLER of California. Mr. Speaker, I rise in strong
support of S. 2327, and I want to thank the gentleman from New Jersey
(Mr. Saxton), the gentleman from California (Mr. Farr), the gentleman
from Pennsylvania (Mr. Greenwood), and others who have worked hard on
this legislation.
It is very clear that, as a Nation, we must consider comprehensively
the challenges and the opportunities that lie ahead in the 21st century
to ensure that we manage our ocean environment in the way that is both
integrated and sustainable in the long term. I believe that this
legislation moves us toward that goal.
Mr. Speaker, I yield such time as he may consume to the gentleman
from California (Mr. Farr).
Mr. FARR of California. Mr. Speaker, I embarked on a sea odyssey over
4 years ago to pass the Oceans Act to establish a commission modeled
after the Stratton Commission, which was a commission that met over 30
years ago.
If one thinks about it, most of the instrumentation we use to measure
weather, measure the ocean, measure fisheries management has all been
invented since the Stratton Commission desolved. We know a lot more now
than we did then. Yet, we do not have a national policy on how this
country ought to look into the 21st century about an ocean strategy.
That is what this bill does. It really is a tribute to the hard work,
bipartisan work of the gentleman from New Jersey (Chairman Saxton);
members of the Committee on Resources, including the gentleman from
California (Mr. George Miller), ranking member; and others on that
committee.
Let me just say in one quick statement what is of interest here. We
just sent satellites, we sent astronauts around the globe to photograph
the earth. They photographed the surface of the planet, not the bottom
of the ocean. We know a lot about the surface of the Earth than the
bottom of the sea. We know everything there is to know about the Moon,
the entire Moon, the back side, top side, front side. We know very,
very little, very, very little, less than 5 percent of what the ocean
floor of the world is.
The ocean floor of the Earth is 76 percent of the Earth. That is
unknown: the canyons, the rivers, the volcanoes, the sulfuric vents,
the depths, the heights. That is what this 21st century exploration is
all about is to explore and to learn ways in which this Earth's
resources can be properly managed. So that we shall not perish, so that
we can manage to survive as a healthy planet.
As we know, we cannot just continue to dump everything we do not like
into our oceans. All the excesses of which we do not know what to do
with on land, we just dump them in the sea. We think they just sort of
disappear. They do not. They integrate with the life of the ocean. They
can kill it. We have people fishing with cyanide. We have people
fishing with dynamite in some parts of the world. We have runoff with
toxic wastes, and so on.
So now is the time in the development of a society that we need to
have
[[Page H6859]]
a better look at how we manage these resources. This commission that we
will vote on will do that. The President is required to bring back to
Congress a report on how we should legislate within the next 18 months.
This is a very good bill. I ask for an ``aye'' vote.
Mr. BOEHLERT. Mr. Speaker, I rise in support of S. 2327, the Oceans
Act of 2000. As chairman of the Water Resources and Environment
Subcommittee of the Committee on Transportation and Infrastructure, I
can attest to the importance of this legislation and the need to
develop a comprehensive approach to our nation's oceans. Our
Subcommittee held a hearing on comparable legislation in 1998 and since
then has been active in reviewing and passing related bills advancing
ocean and coastal protection efforts.
Like its predecessors (such as H.R. 3445 and S. 1213 in the 105th
Congress), S. 2327 takes an important step towards a coordinated,
comprehensive, and long-range national ocean policy. Clearly, there is
a need for a renewed, comprehensive effort to develop such a policy. A
lot has changed since the Stratton Commission was established in 1966.
We have learned more about ocean and coastal problems and solutions and
we have seen the enactment of laws such as the Clean Water Act, the
Ocean Dumping Act, and the Oil Pollution Act. We also continue to
witness the importance of shore protection and hurricane response
programs of the Army Corps of Engineers and the Federal Emergency
Management Agency.
Mr. Speaker, the Transportation and Infrastructure Committee was
entitled to a referral of this legislation. However, in order to
expedite House consideration of this important measure, the Committee
agreed not to seek a referral. I appreciate the leadership and
cooperation of Chairman Shuster, Chairman Sensenbrenner of the Science
Committee, and, of course, Chairman Young of the Resources Committee. I
also want to congratulate Rep. Saxton, Rep. Farr, and others for their
tireless efforts to move this legislation forward. Many of S. 2327's
provisions are the result of negotiations among the House Committees
and the Senate in 1998 and beyond.
Mr. Speaker, a vote for this bill is a vote for the responsible use
and stewardship of ocean and coastal resources. I urge all of my
colleagues to support S. 2327.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield back the
balance of my time.
Mr. SAXTON. Mr. Speaker, I have no more requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Saxton) that the House suspend the rules
and pass the Senate bill, S. 2327.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
____________________