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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1213 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  1st Session
                                S. 1213

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                                 AN ACT

 
 To establish a National Ocean Council, a Commission on Ocean Policy, 
                        and for other purposes.

    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.

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 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.

            Passed the Senate November 13, 1997.

            Attest:

                                                             Secretary.
105th CONGRESS

  1st Session

                                S. 1213

_______________________________________________________________________

                                 AN ACT

 To establish a National Ocean Council, a Commission on Ocean Policy, 
                        and for other purposes.
```