[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[Senate]
[Pages S12697-S12704]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           OCEANS ACT OF 1997

  Mr. NICKLES. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of calendar No. 288, S. 1213.
  The PRESIDING OFFICER. The clerk will report.

       A bill (S. 1213) to establish a National Ocean Council, a 
     Commission on Ocean Policy, and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to omit the part struck through and 
insert the part printed in italic:
  So as to make the bill read:

                                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 ``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 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

[[Page S12698]]

     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
       (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.]
       (1) 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 and the Chairman of the 
     House Committee on Science.

[[Page S12699]]

       (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 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 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 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 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 sections 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 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--

[[Page S12700]]

       (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 each agency or 
     department budget that contribute 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.


                           Amendment No. 1639

               (Purpose: To modify the bill as reported)

  Mr. NICKLES. Mr. President, I send an amendment to the desk on behalf 
of Ms. Snowe and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Oklahoma [Mr. Nickles], for Ms. Snowe and 
     Mr. Hollings, proposes an amendment numbered 1639.

  Mr. NICKLES. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. CHAFEE. Mr. President, I rise today in support of S. 1213, the 
Oceans Act of 1997 and to thank the bill's principal sponsors for 
addressing my concerns. This legislation has broad, bipartisan support 
and as the senior Senator from the Ocean State, I am glad the United 
States Senate will be on the record on ocean and coastal policy as we 
enter 1998, which the United Nation has designated as the ``Year of the 
Ocean.''
  The Oceans Act of 1997 is a significant bill. Its 1966 predecessor, 
the Marine Resources and Engineering Development Act, was one of the 
seminal developments in environmental law. The act created the 
Commission on Marine Science, Engineering, and Resources, better known 
as the Stratton Commission. The Stratton Commission's report, ``Our 
Nation and the Sea'' was delivered in 1969 and, among its many 
important recommendations, led directly to the creation of National 
Oceanographic and Atmospheric Administration in 1970.
  I would note that two distinguished Rhode Islanders played leading 
roles in the Stratton Commission. University of Rhode Island Professor 
Emeritus John A. Knauss, then the Dean of the University of Rhode 
Island's Graduate School of Oceanography, was a Commission member and 
chaired the panel on Environmental Monitoring and on Management and 
Development of the Coastal Zone. Professor Emeritus Lewis Alexander of 
the University of Rhode Island, who has had a distinguished career in 
government and academia, was the Commission's Deputy Director. I expect 
that the Rhode Islanders will play key roles in the new Stratton 
Commission.
  The value of our oceans and coastal areas cannot be underestimated. 
More than half of the United States population lives in or near a 
coastal area. The commercial fishing industry alone, which depends on 
these areas, contributes $111 billion dollars per year to the national 
economy. Moreover, oceans are the lifeblood of the world. The health of 
our marine resources is intertwined with that of ecosystems throughout 
the world.
  The purpose of the bill before us is to develop and maintain a 
comprehensive national policy for our oceans and coastal areas. A 
national ocean policy includes a broad range of issues from commerce, 
environmental protection, scientific research, to national security. To 
that end, the bill establishes a 16-member National Ocean Commission, 
which will be assisted by an interagency National Ocean Council, in 
developing and making recommendations to Congress for a national oceans 
policy.
  As originally reported by the Committee on Commerce, Science and 
Technology, the creation of the National Ocean Council, raised two 
concerns. First, how would the National Ocean Council affect the 
execution of existing environmental laws? Second, is it timely now to 
create a permanent Council prior to the report of the independent 
National Ocean Commission created in the bill?
  The manager's amendment that is before us to day answers both of 
these questions. Any possible ambiguity regarding the National Ocean 
Council's role is resolved. Existing responsibilities under federal law 
are unaffected.
  I was concerned creation of a permanent Council now would unduly 
constrain the Commission's recommendations. The manager's amendment 
makes it clear, however, that the National Ocean Council's function is 
to assist the independent National Ocean Commission in the preparation 
of its report. After the Commission completes its report, the Council 
will take the Commission report into account in developing an 
implementation plan for a national ocean and coastal policy. the 
National Ocean Council will also cease to exist one year after the 
Commission submits its report.
  Before closing, I want to commend Senators Hollings for his 
persistence with respect to oceans and coastal policy. I also want to 
thank him, as well as Senators Snowe and McCain, for addressing my 
concerns in the manager's amendment.
  Mr. HOLLINGS. Mr. President, I rise in support of Senate passage of 
S. 1213, the Oceans Act of 1997. The bill calls for an action plan for 
the twenty-first century to explore, protect, and make better use of 
our oceans and coasts. Its passage is, quite simply, the most important 
step we can take today to ensure the future of our oceans and coasts.
  I thank my colleagues for their support, in particular, the 
leadership of the Commerce Committee, Senators McCain and Snowe, for 
their cosponsorship and their efforts over the last several weeks to 
bring this bill to the floor. Following in the Commerce Committee 
tradition with respect to ocean issues, this has been a bipartisan 
process. I also thank the other cosponsors of the legislation, Senators 
Stevens, Kerry, Breaux, Inouye, Kennedy, Boxer, Biden, Lautenberg, 
Akaka, Murkowski, Thurmond, and Murray for their continued support. 
Finally, I want to express my appreciation to the numerous academic, 
environmental, and industry groups who agree that the time has come for 
this bill.
  The legislation that is before the Senate today is a substitute by 
Senator Snowe and myself, that reflects the comments received from the 
administration and concerns expressed by Senator Chafee and others. The 
essential elements of the bill remain the same as the committee-
reported version and would establish two new entities. First is a 16-
member Commission on Ocean Policy (Commission) to provide 
recommendations for a national ocean and coastal policy. Second is the 
National Ocean Council (Council), a high-level Federal interagency 
working group to advise the President and the Commission, assist in 
policy development and implementation, and coordinate Federal programs 
relating to ocean and coastal activities.
  The changes made by the Snowe-Hollings substitute focus primarily on 
addressing concerns expressed regarding the establishment of the 
Council. Over the past two weeks, the National Security Council and the 
Department of Commerce have worked under Secretary Daley's able 
leadership to pull together the views of the numerous Federal entities 
involved in ocean and coastal activities. The results of that effort 
are reflected in the amendment,

[[Page S12701]]

and I am including a letter from Secretary Daley expressing the 
administration's support for S. 1213 following my statement. At Senator 
Chafee's request, we also have agreed to sunset the Council one year 
after the Commission completes its report. As we have discussed with 
both the administration and Senator Chafee, the purpose of the Council 
is to ensure coordinated input by Federal agencies and departments in 
the development and implementation of a national ocean and coastal 
policy. The Council is intended to provide an important forum for 
administration ocean policy discussions, not to supersede other ongoing 
coordination mechanisms like the interagency working group on 
international ocean policy, nor to interfere with ongoing Federal 
activities under existing law. The changes made by the substitute 
should clarify that intent, and if, based on experience and the 
Commission recommendations, the Council proves to be an effective long-
term mechanism for coordinating Federal ocean activities, it could be 
extended either administratively or legislatively.

  In 1966, Congress enacted the Marine Resources and Engineering 
Development Act (1966 Act). This bill would update and replace that 
legislation. The 1966 Act established the Stratton Commission whose 
report, ``Our Nation and the Sea,'' defined national objectives and 
programs with respect to the oceans and in conjunction with the 1966 
Act laid the foundation for U.S. ocean and coastal policy and programs, 
guiding their development for three decades.
  While the Stratton Commission displayed broad vision, the world has 
changed in numerous ways since 1966. The U.S. legal and bureaucratic 
framework related to the oceans has grown enormously in the past 30 
years. In 1966, there was no NOAA, no Environmental Protection Agency, 
and no laws like the Clean Water Act, Endangered Species Act, the 
Marine Mammal Protection Act, the Marine Protection, Research, and 
Sanctuaries Act, the Magnuson-Stevens Fishery Conservation and 
Management Act, or the Oil Pollution Act. Today people who work and 
live on the water face a patchwork of confusing and sometimes 
contradictory federal and state regulations. Fishermen tell me they 
need a law degree to go fishing. This bill will allow us to reduce 
conflicts while maintaining environmental and health safeguards.
  Oceans and coasts face pressures today that the authors of the 1966 
Act could not have foreseen. Today, over 50 percent of the U.S. 
population lives in coastal areas which account for less than 10 
percent of our land area. By the year 2010, 127 million people, an 
estimated 60 percent of Americans, will live along the coast. Greater 
understanding of ocean and coastal ecosystems and improved management 
are essential to maintain healthy coasts and to prepare for and protect 
communities from natural hazards like hurricanes.
  We need to do a better job of managing and using marine resources as 
demonstrated by fish kills, oil spills, the invasion of zebra mussels, 
and the death of thousands of marine animals from marine plastic 
debris. We have fallen short in defending our shores and waters. In 
recent years, New England has struggled with the collapse of their 
traditional cod, haddock, and flounder. In other regions, overfished 
stocks include sharks, swordfish, bluefin tuna, salmon, red snapper, 
grouper, and weakfish. Restoring fisheries could add an estimated $2.9 
billion to the economy each year. However, we are allowing about 20,000 
acres of coastal wetlands, important fish habitat, to disappear each 
year. Louisiana alone has lost half a million acres of wetlands since 
the mid 1950's.

  Environmental threats to the oceans are growing increasingly complex. 
This past summer, local newspapers reported daily on Pfiesteria, the 
tiny killer cell wreaking havoc in the Chesapeake Bay and North 
Carolina. Thousands of fish were killed--literally eaten alive by this 
toxic organism--and some fishermen, swimmers, boaters, and scientists 
exposed to the cell experienced memory loss, skin lesions, and other 
troubling symptoms. Scientists suspect everything from inadequate city 
sewage plants to farm manure and fertilizer runoff. The technical, 
legal, and management tools to address Pfiesteria may exist 
collectively within a variety of federal and state agencies. However, 
we currently lack a structured and effective means to bring this 
expertise to bear on the problem.
  Another challenge is El Nino, the cyclical warming of ocean waters 
off the western coast of South America. The warming results in 
significant shifts in weather patterns, including rainfall and 
temperatures in the United States and elsewhere. Experts estimate that 
an additional 150 Americans die in storms and flooding in El Nino 
years. While El Nino is a natural phenomenon, human effects on the 
oceans and atmosphere may increase its magnitude and frequency. 
Advanced forecasts could reduce by up to $1 billion the agricultural, 
economic, and social impacts resulting from El Nino. In addition, 
action to reduce global warming and other changes to the oceans and 
atmosphere may reduce the severity of future El Nino events.
  We have an opportunity to take economic and scientific advantage of 
recent technological advances related to the oceans. 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.
  A re-examination of national policies is also essential to maintain 
U.S. leadership on international ocean issues. On November 16, 1994, 
the U.N. Convention on the Law of the Sea entered into force for most 
countries of the world. Although the United States has accepted most 
provisions of the treaty as customary international law and 120 other 
nations are party, U.S. ratification remains in question. At issue is 
whether changes made to the treaty in 1994 adequately correct the 
seabed mining provisions that the United States has opposed for twelve 
years.
  The last 31 years have brought great changes to our oceans and coast. 
Our nation needs to reexamine our policies and programs so that we can 
continue to explore, protect, and sustainably use ocean resources now 
and throughout the twenty-first century. The Oceans Act of 1997 will 
guide us through that process with the vision it demands. I urge the 
Senate to pass S. 1213.
  I ask unanimous consent a letter dated November 9, 1997 from the 
Secretary of Commerce be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                    The Secretary of Commerce,

                                 Washington, DC, November 9, 1997.
     Hon. John McCain,
     Chairman, Committee on Commerce, Science and Transportation, 
         U.S. Senate, Washington, DC.
       Dear Mr. Chairman: The purpose of this letter is to provide 
     the Administration's views on the Oceans Act of 1997 (S. 
     1213) as reported by the Senate Committee on Commerce, 
     Science and Transportation. As you prepare to bring the bill 
     to the Senate floor, your consideration of the 
     Administration's views would be appreciated.
       The Committee has developed a bill that supports and 
     furthers the Administration's ocean policy goals. The 
     Administration has in place robust interagency mechanisms for 
     coordinating ocean policy issues. We believe that the bill, 
     as modified by the Manager's Amendment that was recently 
     provided to us, would be consistent with, and assist in 
     achieving, the Administration's domestic ocean policy 
     objectives. Accordingly, the Administration supports Senate 
     passage of S. 1213, as modified by the Manager's Amendment.
       We have been advised by the Office of Management and Budget 
     that there is no objection to the submission of this letter 
     to the Congress from the standpoint of the program of the 
     President.
           Sincerely,
                                                 William M. Daley.

  Mr. NICKLES. Mr. President, I ask unanimous consent that the 
amendment be agreed to, that the bill be considered read the third 
time, and passed, as amended, and that any statements relating to the 
bill appear at this point in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1639) was agreed to.
  The bill (S. 1213 ) was considered read the third time, and passed, 
as amended, as follows:

[[Page S12702]]

                                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 ``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 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.

[[Page S12703]]

     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.--
       (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

[[Page S12704]]

     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.
       (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.

                          ____________________