II

105TH CONGRESS

1ST SESSION S. 1213

To establish a National Ocean Council, a Commission on Ocean Policy,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 24, 1997

Mr. HOLLINGS (for himself, Mr. STEVENS, Mr. KERRY, Ms. SNOWE, Mr.

INOUYE, Mr. BREAUX, Mr. MCCAIN, Mr. KENNEDY, Mrs. BOXER, Mr.

BIDEN, Mr. LAUTENBERG, Mr. AKAKA, and Mr. MURKOWSKI) introduced

the following bill; which was read twice and referred to the Committee

on Commerce, Science, and Transportation

A BILL

To establish a National Ocean Council, a Commission on

Ocean Policy, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Oceans Act of 1997’’.

5 SEC. 2. CONGRESSIONAL FINDINGS; PURPOSE AND OBJEC6 TIVES.

7 (a) FINDINGS.—The Congress makes the following

8 findings:
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1 (1) Covering more than two-thirds of the

2 Earth’s surface, the oceans and Great Lakes play a

3 critical role in the global water cycle and in regulat4 ing climate, sustain a large part of Earth’s biodiver5 sity, provide an important source of food and a

6 wealth of other natural products, act as a frontier

7 to scientific exploration, are critical to national secu8 rity, and provide a vital means of transportation.

9 The coasts, transition between land and open ocean,

10 are regions of remarkably high biological productiv11 ity, contribute more than 30 percent of the Gross

12 Domestic Product, and are of considerable impor13 tance for recreation, waste disposal, and mineral ex14 ploration.

15 (2) Ocean and coastal resources are susceptible

16 to change as a direct and indirect result of human

17 activities, and such changes can significantly impact

18 the ability of the oceans and Great Lakes to provide

19 the benefits upon which the Nation depends.

20 Changes in ocean and coastal processes could affect

21 global climate patterns, marine productivity and bio22 diversity, environmental quality, national security,

23 economic competitiveness, availability of energy, vul24 nerability to natural hazards, and transportation

25 safety and efficiency.
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1 (3) Ocean and coastal resources are not infi2 nite, and human pressure on them is increasing. One

3 half of the Nation’s population lives within 50 miles

4 of the coast, ocean and coastal resources once con5 sidered inexhaustible are now threatened with deple6 tion, and if population trends continue as expected,

7 pressure on and conflicting demands for ocean and

8 coastal resources will increase further as will vulner9 ability to coastal hazards.

10 (4) Marine technologies hold tremendous prom11 ise for expanding the range and increasing the util12 ity of products from the oceans and Great Lakes,

13 improving the stewardship of ocean and coastal re14 sources, and contributing to business and manufac15 turing innovations and the creation of new jobs.

16 (5) Marine research has uncovered the link be17 tween oceanic and atmospheric processes and im18 proved understanding of world climate patterns and

19 forecasts. Important new advances, including avail20 ability of military technology, have made feasible the

21 exploration of large areas of the ocean which were

22 inaccessible several years ago. In designating 1998

23 as ‘‘The Year of the Ocean’’, the United Nations

24 highlights the value of increasing our knowledge of

25 the oceans.
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1 (6) It has been 30 years since the Commission

2 on Marine Science, Engineering, and Resources

3 (known as the Stratton Commission) conducted a

4 comprehensive examination of ocean and coastal ac5 tivities that led to enactment of major legislation

6 and the establishment of key oceanic and atmos7 pheric institutions.

8 (7) A review of existing activities is essential to

9 respond to the changes that have occurred over the

10 past three decades and to develop an effective new

11 policy for the twenty-first century to conserve and

12 use sustainable ocean and coastal resources, protect

13 the marine environment, explore ocean frontiers,

14 protect human safety, and create marine tech15 nologies and economic opportunities.

16 (8) While significant Federal ocean and coastal

17 programs are underway, those programs would bene18 fit from a coherent national ocean and coastal policy

19 that reflects the need for cost-effective allocation of

20 fiscal resources, improved interagency coordination,

21 and strengthened partnerships with State, private,

22 and international entities engaged in ocean and

23 coastal activities.

24 (b) PURPOSE AND OBJECTIVES.—The purpose of this

25 Act is to develop and maintain a coordinated, comprehen-
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1 sive, and long-range national policy with respect to ocean

2 and coastal activities that will assist the Nation in meeting

3 the following objectives:

4 (1) The protection of life and property against

5 natural and manmade hazards.

6 (2) Responsible stewardship, including use, of

7 fishery resources and other ocean and coastal re8 sources.

9 (3) The protection of the marine environment

10 and prevention of marine pollution.

11 (4) The enhancement of marine-related com12 merce, transportation, and national security, and the

13 resolution of conflicts among users of the marine en14 vironment.

15 (5) The expansion of human knowledge of the

16 marine environment including the role of the oceans

17 in climate and global environmental change and the

18 advancement of education and training in fields re19 lated to ocean and coastal activities.

20 (6) The continued investment in and develop21 ment and improvement of the capabilities, perform22 ance, use, and efficiency of technologies for use in

23 ocean and coastal activities.

24 (7) Close cooperation among all government

25 agencies and departments to ensure—
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1 (A) coherent regulation of ocean and coast2 al activities;

3 (B) availability and appropriate allocation

4 of Federal funding, personnel, facilities, and

5 equipment for such activities; and

6 (C) cost-effective and efficient operation of

7 Federal departments, agencies, and programs

8 involved in ocean and coastal activities.

9 (8) The preservation of the role of the United

10 States as a leader in ocean and coastal activities,

11 and, when it is in the national interest, the coopera12 tion by the United States with other nations and

13 international organizations in ocean and coastal ac14 tivities.

15 SEC. 3. DEFINITIONS.

16 As used in this Act—

17 (1) The term ‘‘Commission’’ means the Com18 mission on Ocean Policy.

19 (2) The term ‘‘Council’’ means the National

20 Ocean Council.

21 (3) The term ‘‘marine research’’ means sci22 entific exploration, including basic science, engineer23 ing, mapping, surveying, monitoring, assessment,

24 and information management, of the oceans, coasts,

25 and Great Lakes—
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1 (A) to describe and advance understanding

2 of—

3 (i) the role of the oceans, coasts and

4 Great Lakes in weather and climate, natu5 ral hazards, and the processes that regu6 late the marine environment; and

7 (ii) the manner in which such role,

8 processes, and environment are affected by

9 human actions;

10 (B) for the conservation, management and

11 sustainable use of living and nonliving re12 sources; and

13 (C) to develop and implement new tech14 nologies related to sustainable use of the ma15 rine environment.

16 (4) The term ‘‘marine environment’’ includes—

17 (A) the oceans, including coastal and off18 shore waters and the adjacent shore lands;

19 (B) the continental shelf;

20 (C) the Great Lakes; and

21 (D) the ocean and coastal resources there22 of.

23 (5) The term ‘‘ocean and coastal activities’’ in24 cludes activities related to marine research, fisheries

25 and other ocean and coastal resource stewardship
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1 and use, marine aquaculture, energy and mineral re2 source extraction, national security, marine trans3 portation, recreation and tourism, waste manage4 ment, pollution mitigation and prevention, and natu5 ral hazard reduction.

6 (6) The term ‘‘ocean and coastal resource’’

7 means, with respect to the oceans, coasts, and Great

8 Lakes, any living or non-living natural resource (in9 cluding all forms of animal and plant life found in

10 the marine environment, habitat, biodiversity, water

11 quality, minerals, oil, and gas) and any significant

12 historic, cultural or aesthetic resource.

13 SEC. 4. NATIONAL OCEAN AND COASTAL POLICY.

14 (a) EXECUTIVE RESPONSIBILITIES.—The President,

15 with the assistance of the Council and the advice of the

16 Commission, shall—

17 (1) develop and maintain a coordinated, com18 prehensive, and long-range national policy with re19 spect to ocean and coastal activities; and

20 (2) with regard to Federal agencies and depart21 ments—

22 (A) review significant ocean and coastal

23 activities, including plans, priorities, accom24 plishments, and infrastructure requirements;
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1 (B) plan and implement an integrated and

2 cost-effective program of ocean and coastal ac3 tivities including, but not limited to, marine re4 search, stewardship of ocean and coastal re5 sources, protection of the marine environment,

6 maritime transportation safety and efficiency,

7 the marine aspects of national security, marine

8 recreation and tourism, and marine aspects of

9 weather, climate, and natural hazards;

10 (C) designate responsibility for funding

11 and conducting ocean and coastal activities; and

12 (D) ensure cooperation and resolve dif13 ferences arising from laws and regulations ap14 plicable to ocean and coastal activities which re15 sult in conflicts among participants in such ac16 tivities.

17 (b) COOPERATION AND CONSULTATION.—In carrying

18 out responsibilities under this Act, the President and the

19 Council may use such staff, interagency, and advisory ar20 rangements as they find necessary and appropriate and

21 shall consult with non-Federal organizations and individ22 uals involved in ocean and coastal activities.

23 SEC. 5. NATIONAL OCEAN COUNCIL.

24 (a) ESTABLISHMENT.—The President shall establish

25 a National Ocean Council which shall consist of—
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1 (1) the Secretary of Commerce, who shall be

2 Chairman of the Council;

3 (2) the Secretary of the Navy;

4 (3) the Secretary of State;

5 (4) the Secretary of Transportation;

6 (5) the Secretary of the Interior;

7 (6) the Administrator of the Environmental

8 Protection Agency;

9 (7) the Director of the National Science Foun10 dation;

11 (8) the Director of the Office of Science and

12 Technology Policy;

13 (9) the Chairman of the Council on Environ14 mental Quality;

15 (10) the Chairman of the National Economic

16 Council;

17 (11) the Director of the Office of Management

18 and Budget; and

19 (12) such other Federal officers and officials as

20 the President considers appropriate.

21 (b) ADMINISTRATION.—

22 (1) The President or the Chairman of the

23 Council may from time to time designate one of the

24 members of the Council to preside over meetings of
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1 the Council during the absence or unavailability of

2 such Chairman.

3 (2) Each member of the Council may designate

4 an officer of his or her agency or department ap5 pointed with the advice and consent of the Senate to

6 serve on the Council as an alternate in the event of

7 the unavoidable absence of such member.

8 (3) An executive secretary shall be appointed by

9 the Chairman of the Council, with the approval of

10 the Council. The executive secretary shall be a per11 manent employee of one of the agencies or depart12 ments represented on the Council and shall remain

13 in the employ of such agency or department.

14 (4) For the purpose of carrying out the func15 tions of the Council, each Federal agency or depart16 ment represented on the Council shall furnish nec17 essary assistance to the Council. Such assistance

18 may include—

19 (A) detailing employees to the Council to

20 perform such functions, consistent with the pur21 poses of this section, as the Chairman of the

22 Council may assign to them; and

23 (B) undertaking, upon request of the

24 Chairman of the Council, such special studies
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1 for the Council as are necessary to carry out its

2 functions.

3 (5) The Chairman of the Council shall have the

4 authority to make personnel decisions regarding any

5 employees detailed to the Council.

6 (c) FUNCTIONS.—The Council shall—

7 (1) serve as the forum for developing an ocean

8 and coastal policy and program, taking into consid9 eration the Commission report, and for overseeing

10 implementation of such policy and program;

11 (2) improve coordination and cooperation, and

12 eliminate duplication, among Federal agencies and

13 departments with respect to ocean and coastal activi14 ties;

15 (3) work with academic, State, industry, public

16 interest, and other groups involved in ocean and

17 coastal activities to provide for periodic review of the

18 Nation’s ocean and coastal policy;

19 (4) cooperate with the Secretary of State in—

20 (A) providing representation at inter21 national meetings and conferences on ocean and

22 coastal activities in which the United States

23 participates; and
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1 (B) coordinating the Federal activities of

2 the United States with programs of other na3 tions; and

4 (5) report at least biennially on Federal ocean

5 and coastal programs, priorities, and accomplish6 ments and provide budgetary advice as specified in

7 section 7.

8 SEC. 6. COMMISSION ON OCEAN POLICY.

9 (a) ESTABLISHMENT.—

10 (1) The President shall, within 90 days of the

11 enactment of this Act, establish a Commission on

12 Ocean Policy. The Commission shall be composed of

13 15 members including individuals drawn from Fed14 eral and State governments, industry, academic and

15 technical institutions, and public interest organiza16 tions involved with ocean and coastal activities.

17 Members shall be appointed for the life of the Com18 mission as follows:

19 (A) 7 shall be appointed by the President

20 of the United States, no more than 3 of whom

21 may be from the executive branch of the Gov22 ernment.

23 (B) 2 shall be appointed by the Majority

24 Leader of the Senate in consultation with the
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1 Chairman of the Senate Committee on Com2 merce, Science, and Transportation.

3 (C) 2 shall be appointed by the Minority

4 Leader of the Senate in consultation with the

5 Ranking Member of the Senate Committee on

6 Commerce, Science, and Transportation.

7 (D) 2 shall be appointed by the Speaker of

8 the House of Representatives in consultation

9 with the Chairman of the House Committee on

10 Resources and the Chairman of the House

11 Committee on Science.

12 (E) 2 shall be appointed by the Minority

13 Leader of the House of Representatives in con14 sultation with the Ranking Member of the

15 House Committee on Resources and the Rank16 ing Member of the House Committee on

17 Science.

18 (2) CHAIRMAN.—The President shall select a

19 Chairman and Vice Chairman from among such 15

20 members.

21 (3) ADVISORY MEMBERS TO THE COMMIS22 SION.—The President shall appoint 4 advisory mem23 bers from among the Members of the Senate and

24 House of Representatives as follows:
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1 (A) Two Members, one from each party,

2 selected from the Senate.

3 (B) Two Members, one from each party,

4 selected from the House of Representatives.

5 (b) FINDINGS AND RECOMMENDATIONS.—The Com6 mission shall report to the President and the Congress on

7 a comprehensive national ocean and coastal policy to carry

8 out the purpose and objectives of this Act. In developing

9 the findings and recommendations of the report, the Com10 mission shall—

11 (1) review and suggest any necessary modifica12 tions to United States laws, regulations, and prac13 tices necessary to define and implement such policy;

14 (2) assess the condition and adequacy of invest15 ment in existing and planned facilities and equip16 ment associated with ocean and coastal activities in17 cluding human resources, vessels, computers, sat18 ellites, and other appropriate technologies and plat19 forms;

20 (3) review existing and planned ocean and

21 coastal activities of Federal agencies and depart22 ments, assess the contribution of such activities to

23 development of an integrated long-range program for

24 marine research, ocean and coastal resource man25 agement, and protection of the marine environment,
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1 and identify any such activities in need of reform to

2 improve efficiency and effectiveness;

3 (4) examine and suggest mechanisms to address

4 the interrelationships among ocean and coastal ac5 tivities, the legal and regulatory framework in which

6 they occur, and their inter-connected and cumulative

7 effects on the marine environment, ocean and coast8 al resources, and marine productivity and biodiver9 sity;

10 (5) review the known and anticipated demands

11 for ocean and coastal resources, including an exam12 ination of opportunities and limitations with respect

13 to the use of ocean and coastal resources within the

14 exclusive economic zone, projected impacts in coastal

15 areas, and the adequacy of existing efforts to man16 age such use and minimize user conflicts;

17 (6) evaluate relationships among Federal,

18 State, and local governments and the private sector

19 for planning and carrying out ocean and coastal ac20 tivities and address the most appropriate division of

21 responsibility for such activities;

22 (7) identify opportunities for the development

23 of or investment in new products, technologies, or

24 markets that could contribute to the objectives of

25 this Act;
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1 (8) consider the relationship of the ocean and

2 coastal policy of the United States to the United Na3 tions Convention on the Law of the Sea and other

4 international agreements, and actions available to

5 the United States to effect collaborations between

6 the United States and other nations, including the

7 development of cooperative international programs

8 for marine research, protection of the marine envi9 ronment, and ocean and coastal resource manage10 ment; and

11 (9) engage in any other preparatory work

12 deemed necessary to carry out the duties of the

13 Commission pursuant to this Act.

14 (c) DUTIES OF CHAIRMAN.—In carrying out the pro15 visions of this subsection, the Chairman of the Commis16 sion shall be responsible for—

17 (1) the assignment of duties and responsibilities

18 among staff personnel and their continuing super19 vision; and

20 (2) the use and expenditures of funds available

21 to the Commission.

22 (d) COMPENSATION OF MEMBERS.—Each member of

23 the Commission who is not an officer or employee of the

24 Federal Government, or whose compensation is not pre25 cluded by a State, local, or Native American tribal govern-
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1 ment position, shall be compensated at a rate equal to the

2 daily equivalent of the annual rate payable for Level IV

3 of the Executive Schedule under section 5315 of title 5,

4 United States Code, for each day (including travel time)

5 during which such member is engaged in the performance

6 of the duties of the Commission. All members of the Com7 mission who are officers or employees of the United States

8 shall serve without compensation in addition to that re9 ceived for their services as officers of employees of the

10 United States.

11 (e) STAFF.—

12 (1) The Chairman of the Commission may,

13 without regard to the civil service laws and regula14 tions, appoint and terminate an executive director

15 who is knowledgeable in administrative management

16 and ocean and coastal policy and such other addi17 tional personnel as may be necessary to enable the

18 Commission to perform its duties. The employment

19 and termination of an executive director shall be

20 subject to confirmation by a majority of the mem21 bers of the Commission.

22 (2) The executive director shall be compensated

23 at a rate not to exceed the rate payable for Level

24 V of the Executive Schedule under section 5316 of

25 title 5, United States Code. The Chairman may fix
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1 the compensation of other personnel without regard

2 to the provisions of chapter 51 and subchapter III

3 of chapter 53 of title 5, United States Code, relating

4 to classification of positions and General Schedule

5 pay rates, except that the rate of pay for such per6 sonnel may not exceed the rate payable for GS–15,

7 step 7, of the General Schedule under section 5332

8 of such title.

9 (3) Upon request of the Chairman of the Com10 mission, the head of any Federal Agency shall detail

11 appropriate personnel of the agency to the Commis12 sion to assist the Commission in carrying out its

13 functions under this Act. Federal Government em14 ployees detailed to the Commission shall serve with15 out reimbursement from the Commission, and such

16 detailee shall retain the rights, status, and privileges

17 of his or her regular employment without interrup18 tion.

19 (4) The Commission may accept and use the

20 services of volunteers serving without compensation,

21 and to reimburse volunteers for travel expenses, in22 cluding per diem in lieu of subsistence, as authorized

23 by section 5703 of title 5, United States Code. Ex24 cept for the purposes of chapter 81 of title 5, United

25 States Code, relating to compensation for work inju-
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1 ries, and chapter 171 of title 28, United States

2 Code, relating to tort claims, a volunteer under this

3 section may not be considered to be an employee of

4 the United States for any purpose.

5 (5) The Commission is authorized to procure

6 the temporary and intermittent services of experts

7 and consultants in accordance with section 3109 of

8 title 5, United States Code, but at rates not to ex9 ceed the daily rate payable for GS–15, step 7, of the

10 General Schedule under section 5332 of title 5,

11 United States Code.

12 (f) ADMINISTRATION.—

13 (1) All meetings of the Commission shall be

14 open to the public, except when the Chairman of the

15 Commission or a majority of the members of the

16 Commission determine that the meeting or any por17 tion of it may be closed to the public. Interested per18 sons shall be permitted to appear at open meetings

19 and present oral or written statement on the subject

20 matter of the meeting. The Commission may admin21 ister oaths or affirmations to any person appearing

22 before it.

23 (2) All open meetings of the Commission shall

24 be preceded by timely public notice in the Federal
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1 Register of the time, place, and subject of the meet2 ing.

3 (3) Minutes of each meeting shall be kept and

4 shall contain a record of the people present, a de5 scription of the discussion that occurred, and copies

6 of all statements filed. Subject to section 552 of title

7 5, United States Code, the minutes and records of

8 all meetings and other documents that were made

9 available to or prepared for the Commission shall be

10 available for public inspection and copying at a sin11 gle location in the offices of the Commission.

12 (4) The Federal Advisory Committee Act (5

13 U.S.C. App.) does not apply to the Commission.

14 (g) COOPERATION WITH OTHER AGENCIES.—

15 (1) The Commission is authorized to secure di16 rectly from any Federal agency or department any

17 information it deems necessary to carry out its func18 tions under this Act. Each such agency or depart19 ment is authorized to cooperate with the Commis20 sion and, to the extent permitted by law, to furnish

21 such information to the Commission, upon the re22 quest of the Chairman of the Commission.

23 (2) The Commission may use the United States

24 mails in the same manner and under the same con-
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1 ditions as other departments and agencies of the

2 United States.

3 (3) The General Services Administration shall

4 provide to the Commission on a reimbursable basis

5 the administrative support services that the Commis6 sion may request.

7 (4) The Commission may enter into contracts

8 with Federal and State agencies, private firms, insti9 tutions, and individuals to assist the Commission in

10 carrying out its duties. The Commission may pur11 chase and contract without regard to sections 303 of

12 the Federal Property and Administration Services

13 Act of 1949 (41 U.S.C. 253), section 18 of the Of14 fice of Federal Procurement Policy Act (41 U.S.C.

15 416), and section 8 of the Small Business Act (15

16 U.S.C. 637), pertaining to competition and publica17 tion requirements, and may arrange for printing

18 without regard to the provisions of title 44, United

19 States Code. The contracting authority of the Com20 mission under this Act is effective only to the extent

21 that appropriations are available for contracting

22 purposes.

23 (h) REPORT.—The Commission shall submit to the

24 President, via the Council, and to the Congress not later

25 than 18 months after the establishment of the Commis-
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1 sion, a final report of its findings and recommendations.

2 The Commission shall cease to exist 30 days after it has

3 submitted its final report.

4 (i) AUTHORIZATION OF APPROPRIATIONS.— There

5 are authorized to be appropriated to support the activities

6 of the Commission a total of $6,000,000 for fiscal years

7 1998 and 1999. Any sums appropriated shall remain

8 available remain available without fiscal year limitation

9 until expended.

10 SEC. 7. REPORT AND BUDGET COORDINATION.

11 (a) BIENNIAL REPORT.—Beginning in January,

12 1999, the President, through the Council, shall transmit

13 to the Congress biennially a report, which shall include—

14 (1) a comprehensive description of the ocean

15 and coastal activities and related accomplishments of

16 all agencies and departments of the United States

17 during the preceding two fiscal years; and

18 (2) an evaluation of such activities and accom19 plishments in terms of the purpose and objectives of

20 this Act. Reports made under this section shall con21 tain such recommendations for legislation as the

22 President may consider necessary or desirable.

23 (b) BUDGET COORDINATION.—

24 (1) Each year the Council shall provide general

25 guidance to each Federal agency or department in-
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1 volved in ocean or coastal activities with respect to

2 the preparation of requests for appropriations.

3 (2) Working in conjunction with the Council,

4 each agency or department involved in such activi5 ties shall include with its annual request for appro6 priations a report which—

7 (A) identifies significant elements of the

8 proposed agency or department budget relating

9 to ocean and coastal activities; and

10 (B) specifies how each such element con11 tributes to the implementation of a national

12 ocean and coastal policy.

13 (3) Each agency or department that submits a

14 report under paragraph (1) shall submit such report

15 simultaneously to the Council.

16 (4) The President shall, in a timely fashion,

17 provide the Council with an opportunity to review

18 and comment on the budget estimate of each such

19 agency or department.

20 (5) The President shall identify in each annual

21 budget submitted to the Congress under section

22 1105 of title 31, United States Code, those elements

23 of each agency or department budget that contribute

24 to the implementation of a national ocean and coast25 al policy.
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1 SEC. 8. REPEAL OF 1966 STATUTE.

2 The Marine Resources and Engineering Development

3 Act of 1966 (33 U.S.C. 1101 et seq.) is repealed.

Æ