[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[Senate]
[Pages S12625-S12628]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                         THE OCEANS ACT OF 1997

                                 ______
                                 

                SNOWE (AND HOLLINGS) AMENDMENT NO. 1639

  Mr. NICKLES (for Ms. Snowe, for herself and Mr. Hollings) proposed an 
amendment to the bill (S. 1213) to establish a National Ocean Council, 
a Commission on Ocean Policy, and for other purposes; as follows:

       Strike out all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Oceans 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 transportation is key to United States 
     participation in the global economy and to the wide range of 
     activities carried out in ocean and coastal regions. Inland 
     waterway and ports are the link between marine activities in 
     ocean and coastal regions and the supporting transportation 
     infrastructure ashore. International trade is expected to 
     triple by 2020. The increase has the potential to outgrow--
       (A) the capabilities of the marine transportation system to 
     ensure safety; and
       (B) the existing capacity of ports and waterways.
       (5) 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.
       (6) 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.
       (7) It has been 30 years since the Commission on Marine 
     Science, Engineering, and Resources (known as the Stratton 
     Commission) conducted a comprehensive examination of

[[Page S12626]]

     ocean and coastal activities that led to enactment of major 
     legislation and the establishment of key oceanic and 
     atmospheric institutions.
       (8) 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, in a sustainable manner, ocean 
     and coastal resources, protect the marine environment, 
     explore ocean frontiers, protect human safety, and create 
     marine technologies and economic opportunities.
       (9) Changes in United States laws and policies since the 
     Stratton Commission, such as the enactment of the Coastal 
     Zone Management Act, have increased the role of the States in 
     the management of ocean and coastal resources.
       (10) While significant Federal and State ocean and coastal 
     programs are underway, those Federal 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, consistent with the obligations of the 
     United States under international law, 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 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 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.
       (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 enhancement of partnerships with State and local 
     governments with respect to oceans 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.
       (9) 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 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.
       (4) The term ``ocean and coastal activities'' includes 
     activities related to oceanography, fisheries and other ocean 
     and coastal resource stewardship and use, marine aquaculture, 
     energy and mineral resource extraction, marine 
     transportation, recreation and tourism, waste management, 
     pollution mitigation and prevention, and natural hazard 
     reduction.
       (5) 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.
       (6) The term ``oceanography'' means scientific exploration, 
     including marine scientific research, 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.

     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 consistent with obligations of the United States 
     under international law; and
       (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, oceanography, stewardship of ocean and coastal 
     resources, protection of the marine environment, maritime 
     transportation safety and efficiency, 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 may use such 
     staff, interagency, and advisory arrangements as the 
     President finds 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 and appoint a Chairman from among its 
     members. The Council shall consist of--
       (1) the Secretary of Commerce;
       (2) the Secretary of Defense;
       (3) the Secretary of State;
       (4) the Secretary of Transportation;
       (5) the Secretary of the Interior;
       (6) the Attorney General;
       (7) the Administrator of the Environmental Protection 
     Agency;
       (8) the Director of the National Science Foundation;
       (9) the Director of the Office of Science and Technology 
     Policy;
       (10) the Chairman of the Council on Environmental Quality;
       (11) the Chairman of the National Economic Council;
       (12) the Director of the Office of Management and Budget; 
     and
       (13) 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) assist the Commission in completing its report under 
     section 6;
       (2) serve as the forum for developing an implementation 
     plan for a national ocean and coastal policy and program, 
     taking into consideration the Commission report;
       (3) improve coordination and cooperation, and eliminate 
     duplication, among Federal agencies and departments with 
     respect to ocean and coastal activities; and
       (4) assist the President in the preparation of the first 
     report required by section 7(a).
       (d) Sunset.--The Council shall cease to exist one year 
     after the Commission has submitted its final report under 
     section 6(h).
       (e) Savings Provision.--
       (1) Council activities are not intended to supersede or 
     interfere with other Executive Branch mechanisms and 
     responsibilities.
       (2) Nothing in this Act has any effect on the authority or 
     responsibility of any Federal officer or agency under any 
     other Federal law.

     SEC. 6. COMMISSION ON OCEAN POLICY.

       (a) Establishment.--

[[Page S12627]]

       (1) In general.--The President shall, within 90 days after 
     the enactment of this Act, establish a Commission on Ocean 
     Policy. The Commission shall be composed of 16 members 
     including individuals drawn from State and local 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) 4 shall be appointed by the President of the United 
     States.
       (B) 4 shall be appointed by the President chosen from a 
     list of 8 proposed members submitted by the Majority Leader 
     of the Senate in consultation with the Chairman of the Senate 
     Committee on Commerce, Science, and Transportation.
       (C) 4 shall be appointed by the President chosen from a 
     list of 8 proposed members submitted by the Speaker of the 
     House of Representatives in consultation with the Chairman of 
     the House Committee on Resources.
       (D) 2 shall be appointed by the President chosen from a 
     list of 4 proposed members submitted by the Minority Leader 
     of the Senate in consultation with the Ranking Member of the 
     Senate Committee on Commerce, Science, and Transportation.
       (E) 2 shall be appointed by the President chosen from a 
     list of 4 proposed members submitted by the Minority Leader 
     of the House in consultation with the Ranking Member of the 
     House Committee on Resources.
       (2) First meeting.--The Commission shall hold its first 
     meeting within 30 days after it is established.
       (3) Chairman.--The President shall select a Chairman from 
     among such 16 members. Before selecting the Chairman, the 
     President is requested to consult with the Majority and 
     Minority Leaders of the Senate, the Speaker of the House of 
     Representatives, and the Minority Leader of the House of 
     Representatives.
       (4) Advisory Members.--In addition, the Commission shall 
     have 4 Members of Congress, who shall serve as advisory 
     members. One of the advisory members shall be appointed by 
     the Speaker of the House of Representatives. One of the 
     advisory members shall be appointed by the minority leader of 
     the House of Representatives. One of the advisory members 
     shall be appointed by the majority leader of the Senate. One 
     of the advisory members shall be appointed by the minority 
     leader of the Senate. The advisory members shall not 
     participate, except in an advisory capacity, in the 
     formulation of the findings and recommendations of the 
     Commission.
       (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, consistent with the 
     obligations of the United States under international law;
       (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 oceanography, 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 oceanography, 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 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, after 
     consulting with the head of the Federal agency concerned, 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) To the extent that funds are available, and subject to 
     such rules as may be prescribed by the Commission, the 
     executive director of the Commission may 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 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 statement 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 of 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 Federal Entities.--
       (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.

[[Page S12628]]

       (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 up to $6,000,000 for fiscal years 1998 
     and 1999. Any sums appropriated shall remain available 
     without fiscal year limitation until the Commission ceases to 
     exist.

     SEC. 7. REPORT AND BUDGET COORDINATION.

       (a) Biennial Report.--Beginning in January, 1999, the 
     President shall transmit to the Congress biennially a report, 
     which shall include--
       (1) a comprehensive description of the ocean and coastal 
     activities (and budgets) 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 budgets) 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 President 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) 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.

     SEC. 8. REPEAL OF 1966 STATUTE.

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

                          ____________________