[Congressional Record (Bound Edition), Volume 146 (2000), Part 9]
[Senate]
[Pages 12281-12284]
[From the U.S. Government Publishing Office, www.gpo.gov]



                          AMENDMENTS SUBMITTED

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                           OCEANS ACT OF 2000

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                      HOLLINGS AMENDMENT NO. 3620

  Mr. THOMAS (for Mr. Hollings) proposed an amendment to the bill (S. 
2327) to establish 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 2000''.

     SEC. 2. PURPOSE AND OBJECTIVES.

       The purpose of this Act is to establish a commission to 
     make recommendations for coordinated and comprehensive 
     national ocean policy that will promote--
       (1) the protection of life and property against natural and 
     manmade hazards;
       (2) responsible stewardship, including use, of fishery 
     resources and other ocean and coastal resources;

[[Page 12282]]

       (3) the protection of the marine environment and prevention 
     of marine pollution;
       (4) the enhancement of marine-related commerce and 
     transportation, the resolution of conflicts among users of 
     the marine environment, and the engagement of the private 
     sector in innovative approaches for sustainable use of living 
     marine resources and responsible use of non-living marine 
     resources;
       (5) the expansion of human knowledge of the marine 
     environment including the role of the oceans in climate and 
     global environmental change and the advancement of education 
     and training in fields related to ocean and coastal 
     activities;
       (6) the continued investment in and development and 
     improvement of the capabilities, performance, use, and 
     efficiency of technologies for use in ocean and coastal 
     activities, including investments and technologies designed 
     to promote national energy and food security;
       (7) close cooperation among all government agencies and 
     departments and the private sector to ensure--
       (A) coherent and consistent regulation and management of 
     ocean and coastal activities;
       (B) availability and appropriate allocation of Federal 
     funding, personnel, facilities, and equipment for such 
     activities;
       (C) cost-effective and efficient operation of Federal 
     departments, agencies, and programs involved in ocean and 
     coastal activities; and
       (D) enhancement of partnerships with State and local 
     governments with respect to ocean and coastal activities, 
     including the management of ocean and coastal resources and 
     identification of appropriate opportunities for policy-making 
     and decision-making at the State and local level; and
       (8) the preservation of the role of the United States as a 
     leader in ocean and coastal activities, and, when it is in 
     the national interest, the cooperation by the United States 
     with other nations and international organizations in ocean 
     and coastal activities.

     SEC. 3. COMMISSION ON OCEAN POLICY.

       (a) Establishment.--There is hereby established the 
     Commission on Ocean Policy. The Federal Advisory Committee 
     Act (5 U.S.C. App.), except for sections 3, 7, and 12, does 
     not apply to the Commission.
       (b) Membership.--
       (1) Appointment.--The Commission shall be composed of 16 
     members appointed by the President from among individuals 
     described in paragraph (2) who are knowledgeable in ocean and 
     coastal activities, including individuals representing State 
     and local governments, ocean-related industries, academic and 
     technical institutions, and public interest organizations 
     involved with scientific, regulatory, economic, and 
     environmental ocean and coastal activities. The membership of 
     the Commission shall be balanced by area of expertise and 
     balanced geographically to the extent consistent with 
     maintaining the highest level of expertise on the Commission.
       (2) Nominations.--The President shall appoint the members 
     of the Commission, within 90 days after the effective date of 
     this Act, including individuals nominated as follows:
       (A) 4 members shall be appointed from a list of 8 
     individuals who shall be nominated by the Majority Leader of 
     the Senate in consultation with the Chairman of the Senate 
     Committee on Commerce, Science, and Transportation.
       (B) 4 members shall be appointed from a list of 8 
     individuals who shall be nominated by the Speaker of the 
     House of Representatives in consultation with the Chairmen of 
     the House Committees on Resources, Transportation and 
     Infrastructure, and Science.
       (C) 2 members shall be appointed from a list of 4 
     individuals who shall be nominated by the Minority Leader of 
     the Senate in consultation with the Ranking Member of the 
     Senate Committee on Commerce, Science, and Transportation.
       (D) 2 members shall be appointed from a list of 4 
     individuals who shall be nominated by the Minority Leader of 
     the House in consultation with the Ranking Members of the 
     House Committees on Resources, Transportation and 
     Infrastructure, and Science.
       (3) Chairman.--The Commission shall select a Chairman from 
     among its members. The Chairman of the Commission shall be 
     responsible for--
       (A) the assignment of duties and responsibilities among 
     staff personnel and their continuing supervision; and
       (B) the use and expenditure of funds available to the 
     Commission.
       (4) Vacancies.--Any vacancy on the Commission shall be 
     filled in the same manner as the original incumbent was 
     appointed.
       (c) Resources.--In carrying out its functions under this 
     section, the Commission--
       (1) is authorized to secure directly from any Federal 
     agency or department any information it deems necessary to 
     carry out its functions under this Act, and each such agency 
     or department is authorized to cooperate with the Commission 
     and, to the extent permitted by law, to furnish such 
     information (other than information described in section 
     552(b)(1)(A) of title 5, United States Code) to the 
     Commission, upon the request of the Commission;
       (2) may enter into contracts, subject to the availability 
     of appropriations for contracting, and employ such staff 
     experts and consultants as may be necessary to carry out the 
     duties of the Commission, as provided by section 3109 of 
     title 5, United States Code; and
       (3) in consultation with the Ocean Studies Board of the 
     National Research Council of the National Academy of 
     Sciences, shall establish a multidisciplinary science 
     advisory panel of experts in the sciences of living and non-
     living marine resources to assist the Commission in preparing 
     its report, including ensuring that the scientific 
     information considered by the Commission is based on the best 
     scientific information available.
       (d) Staffing.--The Chairman of the Commission may, without 
     regard to the civil service laws and regulations, appoint and 
     terminate an Executive Director and such other additional 
     personnel as may be necessary for the Commission to perform 
     its duties. The Executive Director shall be compensated at a 
     rate not to exceed the rate payable for Level V of the 
     Executive Schedule under section 5136 of title 5, United 
     States Code. The employment and termination of an Executive 
     Director shall be subject to confirmation by a majority of 
     the members of the Commission.
       (e) Meetings.--
       (1) Administration.--All meetings of the Commission shall 
     be open to the public, except that a meeting or any portion 
     of it may be closed to the public if it concerns matters or 
     information described in section 552b(c) of title 5, United 
     States Code. Interested persons shall be permitted to appear 
     at open meetings and present oral or written statements on 
     the subject matter of the meeting. The Commission may 
     administer oaths or affirmations to any person appearing 
     before it:
       (A) All open meetings of the Commission shall be preceded 
     by timely public notice in the Federal Register of the time, 
     place, and subject of the meeting.
       (B) Minutes of each meeting shall be kept and shall contain 
     a record of the people present, a description of the 
     discussion that occurred, and copies of all statements filed. 
     Subject to section 552 of title 5, United States Code, the 
     minutes and records of all meetings and other documents that 
     were made available to or prepared for the Commission shall 
     be available for publicinspection and copying at a single 
     location in the offices of the Commission.
       (2) Initial meeting.--The Commission shall hold its first 
     meeting within 30 days after all 16 members have been 
     appointed.
       (3) Required public meetings.--The Commission shall hold at 
     least one public meeting in Alaska and each of the following 
     regions of the United States:
       (A) The Northeast (including the Great Lakes).
       (B) The Southeast (including the Caribbean).
       (C) The Southwest (including Hawaii and the Pacific 
     Territories).
       (D) The Northwest.
       (E) The Gulf of Mexico.
       (f) Report.--
       (1) In general.--Within 18 months after the establishment 
     of the Commission, the Commission shall submit to Congress 
     and the President a final report of its findings and 
     recommendations regarding United States ocean policy.
       (2) Required matter.--The final report of the Commission 
     shall include the following assessment, reviews, and 
     recommendations:
       (A) An assessment of existing and planned facilities 
     associated with ocean and coastal activities including human 
     resources, vessels, computers, satellites, and other 
     appropriate platforms and technologies.
       (B) A review of existing and planned ocean and coastal 
     activities of Federal entities, recommendations for changes 
     in such activities necessary to improve efficiency and 
     effectiveness and to reduce duplication of Federal efforts.
       (C) A review of the cumulative effect of Federal laws and 
     regulations on United States ocean and coastal activities and 
     resources and an examination of those laws and regulations 
     for inconsistencies and contradictions that might adversely 
     affect those ocean and coastal activities and resources, and 
     recommendations for resolving such inconsistencies to the 
     extent practicable. Such review shall also consider conflicts 
     with State ocean and coastal management regimes.
       (D) A review of the known and anticipated supply of, and 
     demand for, ocean and coastal resources of the United States.
       (E) A review of and recommendations concerning the 
     relationship between Federal, State, and local governments 
     and the private sector in planning and carrying out ocean and 
     coastal activities.
       (F) A review of opportunities for the development of or 
     investment in new products, technologies, or markets related 
     to ocean and coastal activities.
       (G) A review of previous and ongoing State and Federal 
     efforts to enhance the effectiveness and integration of ocean 
     and coastal activities.
       (H) Recommendations for any modifications to United States 
     laws, regulations, and the administrative structure of 
     Executive agencies, necessary to improve the understanding, 
     management, conservation, and use of, and access to, ocean 
     and coastal resources.

[[Page 12283]]

       (I) A review of the effectiveness and adequacy of existing 
     Federal interagency ocean policy coordination mechanisms, and 
     recommendations for changing or improving the effectiveness 
     of such mechanisms necessary to respond to or implement the 
     recommendations of the Commission.
       (3) Consideration of factors.--In making its assessment and 
     reviews and developing its recommendations, the Commission 
     shall give equal consideration to environmental, technical 
     feasibility, economic, and scientific factors.
       (4) Limitations.--The recommendations of the Commission 
     shall not be specific to the lands and waters within a single 
     State.
       (g) Public and Coastal State Review.--
       (1) Notice.--Before submitting the final report to the 
     Congress, the Commission shall--
       (A) publish in the Federal Register a notice that a draft 
     report is available for public review; and
       (B) provide a copy of the draft report to the Governor of 
     each coastal State, the Committees on Resources, 
     Transportation and Infrastructure, and Science of the House 
     of Representatives, and the Committee on Commerce, Science, 
     and Transportation of the Senate.
       (2) Inclusion of governors' comments.--The Commission shall 
     include in the final report comments received from the 
     Governor of a coastal State regarding recommendations in the 
     draft report.
       (h) Administrative Procedure for Report and Review.--
     Chapter 5 and chapter 7 of title 5, United States Code, do 
     not apply to the preparation, review, or submission of the 
     report required by subsection (e) or the review of that 
     report under subsection (f).
       (i) Termination.--The Commission shall cease to exist 30 
     days after the date on which it submits its final report.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section a total of 
     $6,000,000 for the 3 fiscal-year period beginning with fiscal 
     year 2001, such sums to remain available until expended.

     SEC. 4. NATIONAL OCEAN POLICY.

       (a) National Ocean Policy.--Within 120 days after receiving 
     and considering the report and recommendations of the 
     Commission under section 3, the President shall submit to 
     Congress a statement of proposals to implement or respond to 
     the Commission's recommendations for a coordinated, 
     comprehensive, and long-range national policy for the 
     responsible use and stewardship of ocean and coastal 
     resources for the benefit of the United States. Nothing in 
     this Act authorizes the President to take any administrative 
     or regulatory action regarding ocean or coastal policy, or to 
     implement a reorganization plan, not otherwise authorized by 
     law in effect at the time of such action.
       (b) Cooperation and Consultation.--In the process of 
     developing proposals for submission under subsection (a), the 
     President shall consult with State and local governments and 
     non-Federal organizations and individuals involved in ocean 
     and coastal activities.

     SEC. 5. BIENNIAL REPORT.

       Beginning in September, 2001, the President shall transmit 
     to the Congress biennially a report that includes a detailed 
     listing of all existing Federal programs related to ocean and 
     coastal activities, including a description of each program, 
     the current funding for the program, linkages to other 
     Federal programs, and a projection of the funding level for 
     the program for each of the next 5 fiscal years beginning 
     after the report is submitted.

     SEC. 6. DEFINITIONS.

       In this Act:
       (1) Marine environment.--The term ``marine environment'' 
     includes--
       (A) the oceans, including coastal and offshore waters;
       (B) the continental shelf; and
       (C) the Great Lakes.
       (2) Ocean and coastal resource.--The term ``ocean and 
     coastal resource'' means any living or non-living natural, 
     historic, or cultural resource found in the marine 
     environment.
       (3) Commission.--The term ``Commission'' means the 
     Commission on Ocean Policy established by section 3.

     SEC. 7. EFFECTIVE DATE.

       This Act shall become effective on January 20, 2001.
                                 ______
                                 

             FISHERMEN'S PROTECTIVE ACT AMENDMENTS OF 2000

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                        SNOWE AMENDMENT NO. 3621

  Mr. THOMAS (for Ms. Snowe) proposed an amendment to the bill (H.R. 
1651) to amend the Fishermen's Protective Act of 1967 to extend the 
period during which reimbursement may be provided to owners of United 
States fishing vessels for costs incurred when such a vessel is seized 
and detained by a foreign country; as follows:

       On page 13, beginning with ``Any'' in line 23, strike 
     through line 2 on page 14.
                                 ______
                                 

      THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001

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                   BINGAMAN AMENDMENTS NOS. 3622-3623

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted two amendments intended to be proposed by him 
to the bill (S. 2549) to authorize appropriations for fiscal year 2001 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

                           Amendment No. 3622

       On page 586, following line 20, add the following:

     SEC. 3138. CONSTRUCTION OF NATIONAL NUCLEAR SECURITY 
                   ADMINISTRATION OFFICE COMPLEX AT KIRTLAND AIR 
                   FORCE BASE, NEW MEXICO.

       (a) Authority for Design and Construction.--(1) Subject to 
     paragraph (2), the Administrator of the National Nuclear 
     Security Administration may provide for the design and 
     construction of a new office complex for the National Nuclear 
     Security Administration at the Department of Energy site 
     located at the eastern boundary of Kirtland Air Force Base, 
     New Mexico.
       (2) The Administrator may not exercise the authority in 
     paragraph (1) until 30 days after the date on which the 
     report required by section 3135(a) is submitted to the 
     Committees on Armed Services of the Senate and House of 
     Representatives under that section.
       (b) Basis of Authority.--The design and construction of the 
     office complex authorized by subsection (a) shall be carried 
     out through one or more energy savings performance contracts 
     entered into under this section and in accordance with the 
     provisions of title VIII of the National Energy Policy 
     Conservation Act (42 U.S.C. 8287 et seq.).
       (c) Payment of Costs.--Amounts for payments of costs 
     associated with the construction of the office complex 
     authorized by subsection (a) shall be derived from energy 
     savings and ancillary operation and maintenance savings that 
     result from the replacement of a current Department of Energy 
     office complex in Albuquerque, New Mexico (as identified in a 
     feasibility study conducted under the National Defense 
     Authorization Act for Fiscal Year 2000), with the office 
     complex authorized by subsection (a).
                                  ____


                           Amendment No. 3623

       On page 378, between lines 19 and 20, insert the following:

     SEC. 1027. REPORT ON TECHNOLOGIES TO SUPPORT WEAPONS OF MASS 
                   DESTRUCTION CIVIL SUPPORT TEAMS.

       (a) Report.--Not later than March 15, 2001, the Secretary 
     of Defense, in consultation with the Attorney General and the 
     heads of other appropriate Federal agencies, shall submit to 
     the congressional defense committees a report on the 
     technologies required to support the Weapons of Mass 
     Destruction Civil Support Teams (WMD-CSTs).
       (b) Elements.--The report required by subsection (a) shall 
     include an assessment of the following:
       (1) The need for new technologies to support the Weapons of 
     Mass Destruction Civil Support Teams.
       (2) The appropriate role of the Department of Defense 
     laboratories, Department of Energy laboratories, and other 
     sources of expertise within the Federal Government in 
     developing or adapting new technologies to support Weapons of 
     Mass Destruction Civil Support Teams.
       (3) The advisability, in light of the matters assessed 
     under paragraphs (1) and (2), of establishing a center within 
     the Federal Government to support Weapons of Mass Destruction 
     Civil Support Teams, including the appropriate role, if any, 
     for such a center.
                                 ______
                                 

                        REID AMENDMENT NO. 3624

  Mr. REID submitted an amendment intended to be proposed by him to the 
bill, S. 2549, supra; as follows:

       On page 546, after line 13, add the following:

     SEC. 2882. ACTIVITIES RELATING TO THE GREENBELT AT FALLON 
                   NAVAL AIR STATION, NEVADA.

       (a) In General.--The Secretary of the Navy shall, in 
     consultation with the Secretary of the Army acting through 
     the Chief of Engineers, carry out appropriate activities 
     after examination of the potential environmental and flight 
     safety ramifications for irrigation that has been eliminated, 
     or will be eliminated, for the greenbelt at Fallon Naval Air 
     Station, Nevada. Any activities carried out under the 
     preceding sentence shall be consistent with aircrew safety at 
     Fallon Naval Air Station.
       (b) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated for operation and maintenance 
     for the Navy such sums as may be necessary to carry out the 
     activities required by subsection (a).

[[Page 12284]]


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              DEPARTMENT OF LABOR APPROPRIATIONS ACT, 2001

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                COCHRAN (AND OTHERS) AMENDMENT NO. 3625

  Mr. COCHRAN (for himself, Mr. Kennedy, and Mr. Frist) proposed an 
amendment to the bill (H.R. 4577) making appropriations for the 
Departments of Labor, Health and Human Services, and Education, and 
related agencies for the fiscal year ending September 30, 2001, and for 
other purposes; as follows:

       On page 27 before the colon on line 4 insert the following: 
     ``, and of which $25,000,000 shall be made available through 
     such Centers for the establishment of partnerships between 
     the Federal Government and academic institutions and State 
     and local public health departments to carry out pilot 
     programs for antimicrobial resistance detection, 
     surveillance, education and prevention and to conduct 
     research on resistance mechanisms and new or more effective 
     antimicrobial compounds.''
                                 ______
                                 

                  REID (AND BOXER) AMENDMENT NO. 3626

  Mr. REID (for himself and Mrs. Boxer) submitted an amendment intended 
to be proposed by them to the bill, H.R. 4577, supra; as follows:

       On page 54, between lines 10 and 11, insert the following:
       Sec. __. (a) In General.--There is appropriated $10,000,000 
     that may be used by the Director of the National Institute 
     for Occupational Safety and Health to--
       (1) establish and maintain a national database on existing 
     needleless systems and sharps with engineered sharps injury 
     protections;
       (2) develop a set of evaluation criteria for use by 
     employers, employees, and other persons when they are 
     evaluating and selecting needleless systems and sharps with 
     engineered sharps injury protections;
       (3) develop a model training curriculum to train employers, 
     employees, and other persons on the process of evaluating 
     needleless systems and sharps with engineered sharps injury 
     protections and to the extent feasible to provide technical 
     assistance to persons who request such assistance; and
       (4) establish a national system to collect comprehensive 
     data on needlestick injuries to health care workers, 
     including data on mechanisms to analyze and evaluate 
     prevention interventions in relation to needlestick injury 
     occurrence.
       (b) Definitions.--In this section:
       (1) Employer.--The term ``employer'' means each employer 
     having an employee with occupational exposure to human blood 
     or other material potentially containing bloodborne 
     pathogens.
       (2) Engineered sharps injury protections.--The term 
     ``engineered sharps injury protections'' means--
       (A) a physical attribute built into a needle device used 
     for withdrawing body fluids, accessing a vein or artery, or 
     administering medications or other fluids, that effectively 
     reduces the risk of an exposure incident by a mechanism such 
     as barrier creation, blunting, encapsulation, withdrawal, 
     retraction, destruction, or other effective mechanisms; or
       (B) a physical attribute built into any other type of 
     needle device, or into a nonneedle sharp, which effectively 
     reduces the risk of an exposure incident.
       (3) Needleless system.--The term ``needleless system'' 
     means a device that does not use needles for--
       (A) the withdrawal of body fluids after initial venous or 
     arterial access is established;
       (B) the administration of medication or fluids; and
       (C) any other procedure involving the potential for an 
     exposure incident.
       (4) Sharp.--The term ``sharp'' means any object used or 
     encountered in a health care setting that can be reasonably 
     anticipated to penetrate the skin or any other part of the 
     body, and to result in an exposure incident, including, but 
     not limited to, needle devices, scalpels, lancets, broken 
     glass, broken capillary tubes, exposed ends of dental wires 
     and dental knives, drills, and burs.
       (5) Sharps injury.--The term ``sharps injury'' means any 
     injury caused by a sharp, including cuts, abrasions, or 
     needlesticks.
       (c) Offset.--Amounts made available under this Act for the 
     travel, consulting, and printing services for the Department 
     of Labor, the Department of Health and Human Services, and 
     the Department of Education shall be reduced on a pro rata 
     basis by $10,000,000.
                                 ______
                                 

                     HUTCHINSON AMENDMENT NO. 3627

  Mr. HUTCHINSON submitted an amendment intended to be proposed by him 
to the bill, H.R. 4577, supra; as follows:

       On page 77, line 14, insert before the period the 
     following: ``: Provided further, That of the amount made 
     available under this heading, $10,721,000 shall be 
     transferred to the Secretary of Health and Human Services to 
     carry out the Social Services Block Grant program under title 
     XX of the Social Security Act (42 U.S.C. 1397 et seq.)''.

                          ____________________