[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.

                          ____________________