[Congressional Record Volume 143, Number 129 (Wednesday, September 24, 1997)]
[Senate]
[Pages S9888-S9893]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HOLLINGS (for himself, Mr. Stevens, Mr. Kerry, Ms. Snowe, 
        Mr. Inouye, Mr. Breaux, Mr. McCain, Mr. Kennedy, Mrs. Boxer, 
        Mr. Biden, Mr. Lautenberg, Mr. Akaka, and Mr. Murkowski):
  S. 1213. A bill to establish a National Ocean Council, a Commission 
on Ocean Policy, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.


                         the oceans act of 1997

  Mr. HOLLINGS. Mr. President, I rise today to introduce the Oceans Act 
of 1997. I am pleased to be joined in this endeavor by Senators 
Stevens, Kerry, Snowe, Breaux, McCain, Inouye, Kennedy, Boxer, Biden, 
Lautenberg, Akaka, and Murkowski. Mr. President, plainly and simply, 
this bill calls for a plan of action for the 21st century to explore, 
protect, and use our oceans and coasts.
  This is not the first time we have faced the need for a national 
ocean policy. Three decades ago, our Nation roared into space, 
investing tens of billions of dollars to investigate the Moon and the 
Sea of Tranquility. During that golden era of science, some of us also 
recognized the importance of exploring the seas on our own planet. In 
1966, Congress enacted the Marine Resources and Engineering Development 
Act in order to define national objectives and programs with respect to 
the oceans. That legislation laid the foundation for U.S. ocean and 
coastal policy and programs and has guided their development for three 
decades. I was elected to the Senate just 3 months after the 1966 act 
was enacted into law, but I am pleased that both Senators Inouye and 
Kennedy, the two cosponsors of the 1966 act still serving in the 
Senate, have agreed to join me today in introducing the Oceans Act.
  One of the central elements of the 1966 act was establishment of a 
Presidential commission to develop a plan for national action in the 
oceans and atmosphere. Dr. Julius A. Stratton, a former president of 
the Massachusetts Institute of Technology and then-chairman of the Ford 
Foundation, led the Commission on an unprecedented, and since 
unrepeated, investigation of this Nation's relationship with the oceans 
and the atmosphere. The Stratton Commission and its congressional 
advisers--including Senators Warren G. Magnuson and Norris Cotton--
worked together in a bipartisan fashion. In fact, the Commission was 
established and carried out its mandate in the Democratic 
administration of Lyndon Johnson and saw its findings implemented by 
the Republicans under President Richard Nixon. With a staff of 35 
people, the commissioners heard and consulted over 1,000 people, 
visited every coastal area of this country, and submitted some 126 
recommendations in a 1969 report to Congress entitled ``Our Nation and 
the Sea.'' Those recommendations led directly to the creation of the 
National Oceanic and Atmospheric Administration in 1970, laid the 
groundwork for enactment of the Coastal Zone Management Act [CZMA] in 
1972, and established priorities for Federal ocean activities that have 
guided this Nation for almost 30 years.
  While the Stratton Commission performed its job with vision and 
integrity, the world has changed since 1966. Today, half of the U.S. 
population lives within 50 miles of our shores and more than 30 percent 
of the gross domestic product is generated in the coastal zone. Ocean 
and coastal resources once considered inexhaustible are severely 
depleted, and wetlands and other marine habitats are threatened by 
pollution and human activities. In addition, the U.S. regulatory and 
legal framework has developed over the years with the passage of a 
number of statutes in addition to CZMA. These include the Endangered 
Species Act, the Marine Mammal Protection Act, the Marine Protection, 
Research, and Sanctuaries Act, the Magnuson-Stevens Fishery 
Conservation and Management Act, the Coastal Barrier Resources Act, and 
the

[[Page S9889]]

Oil Pollution Act. Finally, the United Nations has declared 1998 to be 
the International Year of the Ocean, focusing global attention on the 
state of the world's oceans. In short, it is time to reexamine our 
Nation's relationship to the sea.
  The Oceans Act is vital to the continued health of the oceans and 
prosperity of our coasts. It is patterned after and would replace the 
1966 act. Like that act, it is comprised of three major elements:
  First, the bill calls for development and implementation of a 
coherent national ocean and coastal policy to conserve and sustainably 
use fisheries and other ocean and coastal resources, protect the marine 
environment and human safety, explore ocean frontiers, create marine 
technologies and economic opportunities, and preserve U.S. leadership 
on ocean and coastal issues.
  Second, the bill establishes a 15-member Commission, similar to the 
Stratton Commission, to examine ocean and coastal activities and report 
within 18 months on recommendations for a national policy. Commission 
members would be appointed by the President and the Congress. In 
developing its recommendations, the Commission would assess Federal 
programs and funding priorities, ocean-related infrastructure 
requirements, conflicts among marine users, and technological 
opportunities. The bill authorizes appropriations of $6 million over 2 
years to support Commission activities.
  Third, the bill creates a high-level Federal interagency Council that 
is chaired by the Secretary of Commerce and includes the heads of the 
Departments of Navy, State, Transportation, and the Interior, the 
Environmental Protection Agency, the National Science Foundation, the 
Office of Science and Technology Policy, the Office of Management and 
Budget, the Council on Environmental Quality, and the National Economic 
Council. This new Council will advise the President and serve as a 
forum for developing and implementing an ocean and coastal policy, will 
provide for coordination of Federal budgets and programs, and will work 
with non-Federal and international organizations.
  By establishing an action plan for ocean and coastal activities, the 
Oceans Act should contribute substantially to national goals and 
objectives in the areas of education and research, economic 
development, and public safety. With respect to education and research, 
our view of the oceans 30 years ago was based on a remarkably small 
amount of information. When Jack Kennedy was in the White House, we 
were just beginning to develop the capability for exploring the oceans, 
and the driving factor was the military need to hide our submarines 
from the Soviets during the cold war. What we knew of the oceans at 
that time was based as much on what fishermen brought up in their nets 
as it was on reliable scientific investigation.

  Today, we still have explored only a tiny fraction of the sea, but 
with the use of new technologies what we have found is truly 
incredible. For example, hydrothermal vents, hot water geysers on the 
deep ocean floor, were discovered just 20 years ago by oceanographers 
trying to understand the formation of the earth's crust. Now this 
discovery has led to the identification of nearly 300 new types of 
marine animals with untold pharmaceutical and biomedical potential.
  Many of our marine research efforts could have profound impacts on 
our economic well-being. For example, research on coastal ocean 
currents and other processes that affect shoreline erosion is critical 
to effective management of the shoreline. Oceanographers are working 
with Federal, State, and local managers to use this new understanding 
in protecting beachfront property and the lives of those who reside and 
work in coastal communities.
  Development of underwater cameras and sonar, begun in the 1940's for 
the U.S. Navy, has led to major strides not only for military uses, but 
for marine archaeologists and scientists exploring unknown stretches of 
sea floor. Consumers have benefited from the technology now used in 
video cameras. Sonar has broad applications in both the military and 
commercial sector.
  Finally, marine biotechnology research is thought to be one of the 
greatest remaining technological and industrial frontiers. Among the 
opportunities which it may offer are to: restore and protect marine 
ecosystems; monitor human health and treat disease; increase food 
supplies through aquaculture; enhance seafood safety and quality; 
provide new types and sources of industrial materials and processes; 
and understand biological and geochemical processes in the world ocean.
  In addition to the economic opportunities offered by our marine 
research investment, traditional marine activities play an important 
role in our national economic outlook. Ninety-five percent of our 
international trade is shipped on the ocean and each year products 
valued at more than $220 billion are shipped within the United States 
via the water. In 1996, commercial fishermen in the United States 
landed almost 10 billion pounds of fish with a value of $3.5 billion. 
Their fishing-related activities contributed over $42 billion to the 
U.S. economy. During the same period, marine anglers contributed 
another $20 billion. Travel and tourism also contribute over $700 
billion to our economy, much of which is generated in coastal areas. 
Last year, in South Carolina alone, the total impact of tourism in 
coastal areas was almost $6 billion. With a sound national ocean and 
coastal policy and effective marine resource management, these numbers 
have nowhere to go but up.
  With respect to public safety, it is particularly important to 
develop ocean and coastal priorities that reflect the changes we have 
seen in recent years. Before World War II, most of the U.S. shoreline 
was sparsely populated. There were long, wild stretches of coast, 
dotted with an occasional port city, fishing village, or sleepy resort. 
Most barrier islands had few residents or were uninhabited. After the 
war, people began pouring in, and coastal development began a period of 
explosive growth. In my State of South Carolina, our beaches attract 
millions of visitors every year, and more and more people are choosing 
to move to the coast--making the coastal counties the fastest growing 
ones in the State. Seventeen of the 20 fastest growing states in the 
Nation are coastal states--which compounds the situation that the most 
densely populated regions already border the ocean. With population 
growth comes the demand for highways, shopping centers, schools, and 
sewers that permanently alter the landscape. If people are to continue 
to live and work on the coast, we must do a better job of planning how 
we impact the very regions in which we all want to live.
  There is no better example of how our ocean and coastal policies 
affect public safety, than to look at the effects of hurricanes. 
Throughout the 1920's, hurricanes killed 2,122 Americans while causing 
about $1.8 billion in property damages. By contrast, in the first 5 
years of the 1990's, hurricanes killed 111 Americans, and resulted in 
damages of about $35 billion. While we have made notable advances in 
early warning and evacuation systems to protect human lives, the risk 
of property loss continues to escalate and coastal inhabitants are more 
vulnerable to major storms than they ever have been. In 1989, Hurricane 
Hugo came ashore in South Carolina, leaving more than $6 billion in 
damages. Of that total from Hugo, the Federal Government paid out more 
than $2.8 billion in disaster assistance and more than $400 million 
from the National Flood Insurance Program. The payments from private 
insurance companies were equally staggering. In 1992, Hurricane Andrew 
struck southern Florida and slammed into low-lying areas of Louisiana, 
forever changing the lives of more than a quarter of a million people 
and causing an estimated $25 to $30 billion in damage. Hurricanes 
demonstrate that the human desire to live near the oceans and along the 
coast comes with both a responsibility and a cost.
  The oceans are part of our culture, part of our heritage, part of our 
economy, and part of our future. Therefore, we need to be smart about 
ocean policy--we need the best minds to come together and take a look 
at what the real challenges are. It is not enough to sit back and 
assume the role of caretakers. We must be proactive and develop a plan 
for the future.
  Mr. President, Members who doubt the need for this legislation need 
only pick up a newspaper and they will be

[[Page S9890]]

face to face with pressing ocean and coastal issues: fish covered with 
lesions in the Chesapeake Bay and North Carolina; a powerful El Nino 
brewing in the Pacific; condemnation of vacation homes as the beaches 
beneath them erode; U.S. ships held hostage over fishing disputes; and 
the list could go on. Deciding how to manage these problems and use the 
seas is one of the most complicated tasks we can tackle. There are no 
boundaries at sea, no national borders with fences and checkpoints. The 
resources of the sea are a common heritage, shared by all. While our 
coastal waters are governed by the United States for all of us, there 
are few rules on the high seas and progress relies primarily on 
international cooperation.
  The United Nations has declared 1998 to the be the Year of the Ocean. 
One reason for launching the International Year of the Ocean is to wake 
up the governments and the public so we pay adequate attention to the 
need to protect the marine environment and to ensure a healthy ocean. 
This is an unprecedented opportunity to celebrate and enhance what has 
been accomplished in understanding and managing the ocean.
  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.
  Mr. President, it is time to look toward the next 30 years. This bill 
offers us the vision and understanding needed to establish sound ocean 
and coastal policies for the 21st century. I thank the cosponsors of 
the legislation for joining with me in recognizing its significance and 
trust that this body will work quickly to enact it into law. I ask 
unanimous consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1213

       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 ``Ocean Act of 1997''.

     SEC. 2. CONGRESSIONAL FINDINGS; PURPOSE AND OBJECTIVES.

       (a) Findings.--The Congress makes the following findings:
       (1) Covering more than two-thirds of the Earth's surface, 
     the oceans and Great Lakes play a critical role in the global 
     water cycle and in regulating climate, sustain a large part 
     of Earth's biodiversity, provide an important source of food 
     and a wealth of other natural products, act as a frontier to 
     scientific exploration, are critical to national security, 
     and provide a vital means of transportation. The coasts, 
     transition between land and open ocean, are regions of 
     remarkably high biological productivity, contribute more than 
     30 percent of the Gross Domestic Product, and are of 
     considerable importance for recreation, waste disposal, and 
     mineral exploration.
       (2) Ocean and coastal resources are susceptible to change 
     as a direct and indirect result of human activities, and such 
     changes can significantly impact the ability of the oceans 
     and Great Lakes to provide the benefits upon which the Nation 
     depends. Changes in ocean and coastal processes could affect 
     global climate patterns, marine productivity and 
     biodiversity, environmental quality, national security, 
     economic competitiveness, availability of energy, 
     vulnerability to natural hazards, and transportation safety 
     and efficiency.
       (3) Ocean and coastal resources are not infinite, and human 
     pressure on them is increasing. One half of the Nation's 
     population lives within 50 miles of the coast, ocean and 
     coastal resources once considered inexhaustible are now 
     threatened with depletion, and if population trends continue 
     as expected, pressure on and conflicting demands for ocean 
     and coastal resources will increase further as will 
     vulnerability to coastal hazards.
       (4) Marine technologies hold tremendous promise for 
     expanding the range and increasing the utility of products 
     from the oceans and Great Lakes, improving the stewardship of 
     ocean and coastal resources, and contributing to business and 
     manufacturing innovations and the creation of new jobs.
       (5) Marine research has uncovered the link between oceanic 
     and atmospheric processes and improved understanding of world 
     climate patterns and forecasts. Important new advances, 
     including availability of military technology, have made 
     feasible the exploration of large areas of the ocean which 
     were inaccessible several years ago. In designating 1998 as 
     ``The Year of the Ocean'', the United Nations highlights the 
     value of increasing our knowledge of the oceans.
       (6) It has been 30 years since the Commission on Marine 
     Science, Engineering, and Resources (known as the Stratton 
     Commission) conducted a comprehensive examination of ocean 
     and coastal activities that led to enactment of major 
     legislation and the establishment of key oceanic and 
     atmospheric institutions.
       (7) A review of existing activities is essential to respond 
     to the changes that have occurred over the past three decades 
     and to develop an effective new policy for the twenty-first 
     century to conserve and use sustainable ocean and coastal 
     resources, protect the marine environment, explore ocean 
     frontiers, protect human safety, and create marine 
     technologies and economic opportunities.
       (8) While significant Federal ocean and coastal programs 
     are underway, those programs would benefit from a coherent 
     national ocean and coastal policy that reflects the need for 
     cost-effective allocation of fiscal resources, improved 
     interagency coordination, and strengthened partnerships with 
     State, private, and international entities engaged in ocean 
     and coastal activities.
       (b) Purpose and Objectives.--The purpose of this Act is to 
     develop and maintain a coordinated, comprehensive, and long-
     range national policy with respect to ocean and coastal 
     activities that will assist the Nation in meeting the 
     following objectives:
       (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, 
     transportation, and national security, and the resolution of 
     conflicts among users of the marine environment.
       (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.
       (7) Close cooperation among all government agencies and 
     departments to ensure--
       (A) coherent regulation of ocean and coastal activities;
       (B) availability and appropriate allocation of Federal 
     funding, personnel, facilities, and equipment for such 
     activities; and
       (C) cost-effective and efficient operation of Federal 
     departments, agencies, and programs involved in ocean and 
     coastal activities.
       (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. DEFINITIONS.

       As used in this Act--
       (1) The term ``Commission'' means the Commission on Ocean 
     Policy.
       (2) The term ``Council'' means the National Ocean Council.
       (3) The term ``marine research'' means scientific 
     exploration, including basic science, engineering, mapping, 
     surveying, monitoring, assessment, and information 
     management, of the oceans, coasts, and Great Lakes--
       (A) to describe and advance understanding of--
       (i) the role of the oceans, coasts and Great Lakes in 
     weather and climate, natural hazards, and the processes that 
     regulate the marine environment; and
       (ii) the manner in which such role, processes, and 
     environment are affected by human actions;
       (B) for the conservation, management and sustainable use of 
     living and nonliving resources; and
       (C) to develop and implement new technologies related to 
     sustainable use of the marine environment.
       (4) The term ``marine environment'' includes--
       (A) the oceans, including coastal and offshore waters and 
     the adjacent shore lands;
       (B) the continental shelf;
       (C) the Great Lakes; and
       (D) the ocean and coastal resources thereof.
       (5) The term ``ocean and coastal activities'' includes 
     activities related to marine research, fisheries and other 
     ocean and coastal resource stewardship and use, marine 
     aquaculture, energy and mineral resource extraction, national 
     security, marine transportation, recreation and tourism, 
     waste management, pollution mitigation and prevention, and 
     natural hazard reduction.
       (6) The term ``ocean and coastal resource'' means, with 
     respect to the oceans, coasts, and Great Lakes, any living or 
     non-living natural resource (including all forms of animal 
     and plant life found in the marine environment, habitat, 
     biodiversity, water quality, minerals, oil, and gas) and any 
     significant historic, cultural or aesthetic resource.

     SEC. 4. NATIONAL OCEAN AND COASTAL POLICY.

       (a) Executive Responsibilities.--The President, with the 
     assistance of the Council and the advice of the Commission, 
     shall--
       (1) develop and maintain a coordinated, comprehensive, and 
     long-range national policy with respect to ocean and coastal 
     activities; and

[[Page S9891]]

       (2) with regard to Federal agencies and departments--
       (A) review significant ocean and coastal activities, 
     including plans, priorities, accomplishments, and 
     infrastructure requirements;
       (B) plan and implement an integrated and cost-effective 
     program of ocean and coastal activities including, but not 
     limited to, marine research, stewardship of ocean and coastal 
     resources, protection of the marine environment, maritime 
     transportation safety and efficiency, the marine aspects of 
     national security, marine recreation and tourism, and marine 
     aspects of weather, climate, and natural hazards;
       (C) designate responsibility for funding and conducting 
     ocean and coastal activities; and
       (D) ensure cooperation and resolve differences arising from 
     laws and regulations applicable to ocean and coastal 
     activities which result in conflicts among participants in 
     such activities.
       (b) Cooperation and Consultation.--In carrying out 
     responsibilities under this Act, the President and the 
     Council may use such staff, interagency, and advisory 
     arrangements as they find necessary and appropriate and shall 
     consult with non-Federal organizations and individuals 
     involved in ocean and coastal activities.

     SEC. 5. NATIONAL OCEAN COUNCIL.

       (a) Establishment.--The President shall establish a 
     National Ocean Council which shall consist of--
       (1) the Secretary of Commerce, who shall be Chairman of the 
     Council;
       (2) the Secretary of the Navy;
       (3) the Secretary of State;
       (4) the Secretary of Transportation;
       (5) the Secretary of the Interior;
       (6) the Administrator of the Environmental Protection 
     Agency;
       (7) the Director of the National Science Foundation;
       (8) the Director of the Office of Science and Technology 
     Policy;
       (9) the Chairman of the Council on Environmental Quality;
       (10) the Chairman of the National Economic Council;
       (11) the Director of the Office of Management and Budget; 
     and
       (12) such other Federal officers and officials as the 
     President considers appropriate.
       (b) Administration.--
       (1) The President or the Chairman of the Council may from 
     time to time designate one of the members of the Council to 
     preside over meetings of the Council during the absence or 
     unavailability of such Chairman.
       (2) Each member of the Council may designate an officer of 
     his or her agency or department appointed with the advice and 
     consent of the Senate to serve on the Council as an alternate 
     in the event of the unavoidable absence of such member.
       (3) An executive secretary shall be appointed by the 
     Chairman of the Council, with the approval of the Council. 
     The executive secretary shall be a permanent employee of one 
     of the agencies or departments represented on the Council and 
     shall remain in the employ of such agency or department.
       (4) For the purpose of carrying out the functions of the 
     Council, each Federal agency or department represented on the 
     Council shall furnish necessary assistance to the Council. 
     Such assistance may include--
       (A) detailing employees to the Council to perform such 
     functions, consistent with the purposes of this section, as 
     the Chairman of the Council may assign to them; and
       (B) undertaking, upon request of the Chairman of the 
     Council, such special studies for the Council as are 
     necessary to carry out its functions.
       (5) The Chairman of the Council shall have the authority to 
     make personnel decisions regarding any employees detailed to 
     the Council.
       (c) Functions.--The Council shall--
       (1) serve as the forum for developing an ocean and coastal 
     policy and program, taking into consideration the Commission 
     report, and for overseeing implementation of such policy and 
     program;
       (2) improve coordination and cooperation, and eliminate 
     duplication, among Federal agencies and departments with 
     respect to ocean and coastal activities;
       (3) work with academic, State, industry, public interest, 
     and other groups involved in ocean and coastal activities to 
     provide for periodic review of the Nation's ocean and coastal 
     policy;
       (4) cooperate with the Secretary of State in--
       (A) providing representation at international meetings and 
     conferences on ocean and coastal activities in which the 
     United States participates; and
       (B) coordinating the Federal activities of the United 
     States with programs of other nations; and
       (5) report at least biennially on Federal ocean and coastal 
     programs, priorities, and accomplishments and provide 
     budgetary advice as specified in section 7.

     SEC. 6. COMMISSION ON OCEAN POLICY.

       (a) Establishment.--
       (1) The President shall, within 90 days of the enactment of 
     this Act, establish a Commission on Ocean Policy. The 
     Commission shall be composed of 15 members including 
     individuals drawn from Federal and State governments, 
     industry, academic and technical institutions, and public 
     interest organizations involved with ocean and coastal 
     activities. Members shall be appointed for the life of the 
     Commission as follows:
       (A) 7 shall be appointed by the President of the United 
     States, no more than 3 of whom may be from the executive 
     branch of the Government.
       (B) 2 shall be appointed by the Majority Leader of the 
     Senate in consultation with the Chairman of the Senate 
     Committee on Commerce, Science, and Transportation.
       (C) 2 shall be appointed by the Minority Leader of the 
     Senate in consultation with the Ranking Member of the Senate 
     Committee on Commerce, Science, and Transportation.
       (D) 2 shall be appointed by the Speaker of the House of 
     Representatives in consultation with the Chairman of the 
     House Committee on Resources and the Chairman of the House 
     Committee on Science.
       (E) 2 shall be appointed by the Minority Leader of the 
     House of Representatives in consultation with the Ranking 
     Member of the House Committee on Resources and the Ranking 
     Member of the House Committee on Science.
       (2) Chairman.--The President shall select a Chairman and 
     Vice Chairman from Among such 15 members.
       (3) Advisory members to the commission.--The President 
     shall appoint 4 advisory members from among the Members of 
     the Senate and House of Representatives as follows:
       (A) Two Members, one from each party, selected from the 
     Senate.
       (B) Two Members, one from each party, selected from the 
     House of Representatives.
       (b) Findings and Recommendations.--The Commission shall 
     report to the President and the Congress on a comprehensive 
     national ocean and coastal policy to carry out the purpose 
     and objectives of this Act. In developing the findings and 
     recommendations of the report, the Commission shall--
       (1) review and suggest any necessary modifications to 
     United States laws, regulations, and practices necessary to 
     define and implement such policy;
       (2) assess the condition and adequacy of investment in 
     existing and planned facilities and equipment associated with 
     ocean and coastal activities including human resources, 
     vessels, computers, satellites, and other appropriate 
     technologies and platforms;
       (3) review existing and planned ocean and coastal 
     activities of Federal agencies and departments, assess the 
     contribution of such activities to development of an 
     integrated long-range program for marine research, ocean and 
     coastal resource management, and protection of the marine 
     environment, and identify any such activities in need of 
     reform to improve efficiency and effectiveness;
       (4) examine and suggest mechanisms to address the 
     interrelationships among ocean and coastal activities, the 
     legal and regulatory framework in which they occur, and their 
     inter-connected and cumulative effects on the marine 
     environment, ocean and coastal resources, and marine 
     productivity and biodiversity;
       (5) review the known and anticipated demands for ocean and 
     coastal resources, including an examination of opportunities 
     and limitations with respect to the use of ocean and coastal 
     resources within the exclusive economic zone, projected 
     impacts in coastal areas, and the adequacy of existing 
     efforts to manage such use and minimize user conflicts;
       (6) evaluate relationships among Federal, State, and local 
     governments and the private sector for planning and carrying 
     out ocean and coastal activities and address the most 
     appropriate division of responsibility for such activities;
       (7) identify opportunities for the development of or 
     investment in new products, technologies, or markets that 
     could contribute to the objectives of this Act;
       (8) consider the relationship of the ocean and coastal 
     policy of the United States to the United Nations Convention 
     on the Law of the Sea and other international agreements, and 
     actions available to the United States to effect 
     collaborations between the United States and other nations, 
     including the development of cooperative international 
     programs for marine research, protection of the marine 
     environment, and ocean and coastal resource management; and
       (9) engage in any other preparatory work deemed necessary 
     to carry out the duties of the Commission pursuant to this 
     Act.
       (c) Duties of Chairman.--In carrying out the provisions of 
     this subsection, the Chairman of the Commission shall be 
     responsible for--
       (1) the assignment of duties and responsibilities among 
     staff personnel and their continuing supervision; and
       (2) the use and expenditures of funds available to the 
     Commission.
       (d) Compensation of Members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government, 
     or whose compensation is not precluded by a State, local, or 
     Native American tribal government position, shall be 
     compensated at a rate equal to the daily equivalent of the 
     annual rate payable for Level IV of the Executive Schedule 
     under section 5315 of title 5, United States Code, for each 
     day (including travel time) during which such member is 
     engaged in the performance of the duties of the Commission. 
     All members of the Commission who are officers or employees 
     of the United States shall serve without compensation in 
     addition to that received for their services as officers or 
     employees of the United States.
       (e) Staff.--
       (1) The Chairman of the Commission may, without regard to 
     the civil service laws and

[[Page S9892]]

     regulations, appoint and terminate an executive director who 
     is knowledgeable in administrative management and ocean and 
     coastal policy and such other additional personnel as may be 
     necessary to enable the Commission to perform its duties. The 
     employment and termination of an executive director shall be 
     subject to confirmation by a majority of the members of the 
     Commission.
       (2) The executive director shall be compensated at a rate 
     not to exceed the rate payable for Level V of the Executive 
     Schedule under section 5316 of title 5, United States Code. 
     The Chairman may fix the compensation of other personnel 
     without regard to the provisions of chapter 51 and subchapter 
     III of chapter 53 of title 5, United States Code, relating to 
     classification of positions and General Schedule pay rates, 
     except that the rate of pay for such personnel may not exceed 
     the rate payable for GS-15, step 7, of the General Schedule 
     under section 5332 of such title.
       (3) Upon request of the Chairman of the Commission, the 
     head of any Federal Agency shall detail appropriate personnel 
     of the agency to the Commission to assist the Commission in 
     carrying out its functions under this Act. Federal Government 
     employees detailed to the Commission shall serve without 
     reimbursement from the Commission, and such detailee shall 
     retain the rights, status, and privileges of his or her 
     regular employment without interruption.
       (4) The Commission may accept and use the services of 
     volunteers serving without compensation, and to reimburse 
     volunteers for travel expenses, including per diem in lieu of 
     subsistence, as authorized by section 5703 of title 5, United 
     States Code. Except for the purposes of chapter 81 of title 
     5, United States Code, relating to compensation for work 
     injuries, and chapter 171 of title 28, United States Code, 
     relating to tort claims, a volunteer under this section may 
     not be considered to be an employee of the United States for 
     any purpose.
       (5) The Commission is authorized to procure the temporary 
     and intermittent services of experts and consultants in 
     accordance with section 3109 of title 5, United States Code, 
     but at rates not to exceed the daily rate payable for GS-15, 
     step 7, of the General Schedule under section 5332 of title 
     5, United States Code.
       (f) Administration.--
       (1) All meetings of the Commission shall be open to the 
     public, except when the Chairman of the Commission or a 
     majority of the members of the Commission determine that the 
     meeting or any portion of it may be closed to the public. 
     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.
       (2) All open meetings of the Commission shall be preceded 
     by timely public notice in the Federal Register of the time, 
     place, and subject to the meeting.
       (3) 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.
       (4) The Federal Advisory Committee Act (5 U.S.C. App.) does 
     not apply to the Commission.
       (g) Cooperation With Other Agencies.--
       (1) The Commission is authorized to secure directly from 
     any Federal agency or department any information it deems 
     necessary to carry out its functions under this Act. Each 
     such agency or department is authorized to cooperate with the 
     Commission and, to the extent permitted by law, to furnish 
     such information to the Commission, upon the request of the 
     Chairman of the Commission.
       (2) The Commission may use the United States mails in the 
     same manner and under the same conditions as other 
     departments and agencies of the United States.
       (3) The General Services Administration shall provide to 
     the Commission on a reimbursable basis the administrative 
     support services that the Commission may request.
       (4) The Commission may enter into contracts with Federal 
     and State agencies, private firms, institutions, and 
     individuals to assist the Commission in carrying out its 
     duties. The Commission may purchase and contract without 
     regard to section 303 of the Federal Property and 
     Administration Services Act of 1949 (41 U.S.C. 253), section 
     18 of the Office of Federal Procurement Policy Act (41 U.S.C. 
     416), and section 8 of the Small Business Act (15 U.S.C. 
     637), pertaining to competition and publication requirements, 
     and may arrange for printing without regard to the provisions 
     of title 44, United States Code. The contracting authority of 
     the Commission under this Act is effective only to the extent 
     that appropriations are available for contracting purposes.
       (h) Report.--The Commission shall submit to the President, 
     via the Council, and to the Congress not later than 18 months 
     after the establishment of the Commission, a final report of 
     its findings and recommendations. The Commission shall cease 
     to exist 30 days after it has submitted its final report.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated to support the activities of the 
     Commission a total of $6,000,000 for fiscal years 1998 and 
     1999. Any sums appropriated shall remain available without 
     fiscal year limitation until expended.

     SEC. 7. REPORT AND BUDGET COORDINATION.

       (a) Biennial Report.--Beginning in January, 1999, the 
     President, through the Council, shall transmit to the 
     Congress biennially a report, which shall include--
       (1) a comprehensive description of the ocean and coastal 
     activities and related accomplishments of all agencies and 
     departments of the United States during the preceding two 
     fiscal years; and
       (2) an evaluation of such activities and accomplishments in 
     terms of the purpose and objectives of this Act. Reports made 
     under this section shall contain such recommendations for 
     legislation as the President may consider necessary or 
     desirable.
       (b) Budget Coordination.--
       (1) Each year the Council shall provide general guidance to 
     each Federal agency or department involved in ocean or 
     coastal activities with respect to the preparation of 
     requests for appropriations.
       (2) Working in conjunction with the Council, each agency or 
     department involved in such activities shall include with its 
     annual request for appropriations a report which--
       (A) identifies significant elements of the proposed agency 
     or department budget relating to ocean and coastal 
     activities; and
       (B) specifies how each such element contributes to the 
     implementation of a national ocean and coastal policy.
       (3) Each agency or department that submits a report under 
     paragraph (1) shall submit such report simultaneously to the 
     Council.
       (4) The President shall, in a timely fashion, provide the 
     Council with an opportunity to review and comment on the 
     budget estimate of each such agency or department.
       (5) The President shall identify in each annual budget 
     submitted to the Congress under section 1105 of title 31, 
     United States Code, those elements of agency or department 
     budget that contribute to the implementation of a national 
     ocean and coastal policy.

     SEC. 8. REPEAL OR 1966 STATUTE.

       The Marine Resources and Engineering Development Act of 
     1966 (33 U.S.C. 1101 et seq.) is repealed.

  Mr. STEVENS. Madam President, I am pleased to be an original 
cosponsor of Senator Hollings' bill to require a wholesale review of 
the Nation's oceans and coastal policies to prepare for the 21st 
century. We have not done this since the 1960's, and the time has come.
  The bill has three important components: First, it calls for the 
development of a coherent national ocean and coastal policy; second, it 
establishes a 15-member commission similar to the Stratton Commission 
to make recommendations within 18 months on this national ocean and 
coastal policy; and third, it creates an interagency council of all the 
Federal agencies involved in oceans and coastal matters, chaired by the 
Secretary of Commerce, to coordinate the implementation of the national 
policy.
  I applaud Senator Hollings for developing this legislation. As has 
been pointed out, over half of the U.S. population lives within 50 
miles of our shores. In my State, the oceans employ more people in the 
private sector than any other industry. The demands on our oceans and 
coastal resources continues to grow, and we must be prepared to meet 
these demands in the 21st century.
  Mr. KERRY. Mr. President, I rise today to support the efforts of my 
esteemed colleagues, particularly the ranking member of the Commerce 
Committee, Senator Hollings, and the chairman of the Appropriations 
Committee, Senator Stevens, and to cosponsor the Oceans Act of 1997. I 
have great respect for Senators Hollings and Stevens and their 
stewardship of our ocean and coastal resources.
  Since the day I first arrived in the Senate nearly 12 years ago, I 
have worked hard to address the many challenges confronting our common 
ocean and coastal resources. I have led this effort principally through 
my participation and leadership on the Commerce, Science, and 
Transportation Committee, and particularly as ranking member on the 
Oceans and Fisheries Subcommittee and as cochair of its predecessor, 
the national ocean policy study [NOPS].
  Over the last 25 years, Congress has worked to develop innovative 
policy solutions to enable the long-term protection, conservation, 
utilization, and management of our vulnerable marine resources. We have 
acted to ensure strong coastal economies in Massachusetts and a clean, 
healthy coastal environment from the Gulf of Maine to the Gulf of 
Alaska.
  In that vein therefore, I believe that it is time for us, like the 
Stratton Commission did over 30 years ago, to

[[Page S9893]]

take an inventory of where our Nation has been and where we are going 
regarding the great responsibility of stewardship of our coastal 
resources. The Oceans Act of 1997 will provide the framework for that 
effort.
  The bill contains three major provisions. First, it calls for 
development of a national ocean and coastal policy to provide for 
protection from natural hazards, stewardship of fisheries and coastal 
resources, protection of the marine environment, enhanced marine 
transportation and security, continued investment in marine 
technologies, ocean monitoring and exploration, Government cooperation 
and coordination, and continued U.S. international leadership. Second, 
it establishes a Commission on Ocean Policy to complete an 18-month 
examination and evaluation of ocean and coastal activities and provide 
recommendations for national policy. Third, it creates an interagency 
National Ocean Council, headed by the Secretary of Commerce to advise 
the President and serve as a forum for developing and implementing 
ocean and coastal policy programs, designate funding responsibilities, 
provide coordination of Federal budgets, and work with non-Federal 
organizations to periodically review the Nation's ocean and coastal 
policy.
  The time for this legislation is now, the world population will 
double to over 10 billion by the middle of the next century. Today over 
50 percent of world population resides in coastal areas. The United 
States and its insular areas have more than 95,000 miles of coastline 
and the offshore U.S. Exclusive Economic Zone [EEZ] encompasses more 
than 3.4 million square miles, nearly equal to the land area of the 
United States.
  Over the last 30 years the coastal area populations have increased 
from 80 to over 110 million and is projected to reach 127 million by 
2010. If these trends continue, much heavier demands will be placed on 
ocean and coastal resources, that is, need for food from the sea for 
world protein requirements and energy and mineral production from 
offshore deposits. Ocean threats from this vast expansion include; 
sewage, chemical, and garbage disposal, runoff from agricultural and 
forested lands, exploitation of fisheries resources, development of 
energy and mineral resources, and coastal infrastructure development. 
Moreover, recent years have yielded a degradation of coastal water 
quality, loss of wetlands, closure of beach and recreational areas, 
pollution of fishery and shellfish management resources that diminish 
the resource base, contaminate seafood, and endanger human health. In 
fact over 70 percent of U.S. commercial and recreational fish and 
shellfish depend on estuaries at some point in their life cycle.
  Toxic chemicals and sewage dumped have contaminated the Nation's 
harbors and waterways. More than 20,000 combined sewer overflows 
[CSO's], sewers that combine storm water and sanitary flows empty 
directly into rivers and coastal waters. In 1992 heavy rains and 
flooding caused severe CSO overflows in Los Angeles which forced the 
temporary closing of over 70 miles of adjacent coastal areas. Coastal 
area real estate development has accelerated to the point that over 50 
percent of annual U.S. residential construction during the past two 
decades has occurred in coastal areas. This trend is expected to 
continue and is expected to stress coastal ecosystems even further 
mostly in California and Florida, two of the Nation's most productive 
coastal areas. This also increases risk to life and property due to 
hurricanes and other major storms. For example the price tag for 
Hurricane Andrew, one of the largest storms in history, was estimated 
to be $25 to $30 billion. Further sea level rise from global warming 
will exacerbate this already growing problem.
  Further, as the world population grows, we will become more and more 
dependent on food from the sea. Since 1977 total fish harvest from the 
EEZ increased more than 325 percent to a peak of 6.65 billion pounds 
annually in 1986-88, but has subsequently declined--only 6.32 in 1993. 
Alaska pollock and Gulf of Mexico shrimp were the leading fisheries in 
1993. Imported seafood comprised 57 percent of U.S. consumption during 
1996, a 3 percent increase from 1995.
  Many problems exist however in the way we manage the world's 
fisheries. A Time magazine article of August 11, 1997, on the world 
overfishing problem, stated that ``fish of all kinds are being hauled 
from the sea faster than they can reproduce.'' We addressed many of 
those concerns with the passage of ``Sustainable Fisheries Act'' last 
year. With a focus on overfishing, we established National goals to 
rebuild most currently overfished stocks in 10 years, provided for the 
protection of fish habitats and Pacific Insular Areas, established a 
by-catch reduction program, and encouraged the development of 
underutilized species.
  However, more can be done, particularly on an international level. 
Fish stocks migrate across jurisdictions. Nations approach fisheries 
conservation and manage differently. Development of conversation 
objectives of nations harvesting common fish stocks often clash, and 
overcapitalized fleets are over-harvesting the available resources in 
many areas.
  Again, much work remains and we must be vigilant in our duty to 
preserve and protect the oceans and coastal resources as we start the 
next century.
  Ms. SNOWE. Mr. President, I am pleased to join the ranking member of 
the Commerce Committee, Senator Hollings, in the introduction of the 
Oceans Act of 1997. This bill will establish a commission like the 
Stratton Commission of 1966 to review the many ocean and coastal issues 
facing the United States, and to develop a comprehensive, coordinated, 
national ocean and coastal policy.
  Prior to introduction, I raised a few concerns with Senator Hollings 
on some provisions of the draft bill. Basically, I had recommended some 
language that made it clear that as we develop a new ocean and coastal 
policy for the Nation, we keep in mind the facts that our fiscal 
resources are limited, and that our Federal investments in ocean and 
coastal resources must be spent efficiently and wisely. I also raised 
some concerns about the fact that the original draft had the President 
appointing all of the members of this important commission.
  Mr. President, Senator Hollings has graciously agreed to make some 
changes to the bill pursuant to my recommendations. For instance, the 
bill now authorizes the Congress to appoint more than half of the 
commission members, and the commission is directed to identify 
opportunities to reform Federal ocean programs to improve efficiency 
and effectiveness. I commend Senator Hollings for his willingness to 
work with me and other Republican Senators before introduction of the 
bill. After introduction, I look forward to working with the 
distinguished Senator from South Carolina, a Senator who worked on the 
original Stratton Commission bill 30 years ago and who is a true 
champion of ocean protection, in the Oceans and Fisheries Subcommittee 
on any further refinements along these lines that might be 
constructive.
  Again, I thank Senator Hollings and commend him upon introduction of 
this bill.
  Mr. KENNEDY. Mr. President, it is an honor for me to join as a 
sponsor of the Oceans Act of 1997. Our goal in this legislation is to 
deal more effectively with one of the most important aspects of our 
overall policy for the environment--our efforts to preserve and protect 
our management ocean and coastal resources.
  I commend Senator Hollings for his leadership on this important 
legislation.
                                 ______