NATIONAL OCEAN POLICY COMMISSION ACT OF 1983 - H.R. 2853/S. 1238

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP95B00895R000200040019-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 29
• Document Creation Date: December 22, 2016
• Document Release Date: April 22, 2009
• Sequence Number: 19
• Publication Date: June 6, 1983
• Content Type: MEMO

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1 SEC. 3. ESTABLISHMENT OF COMMISSION.
2 To carry out the purpose of this Act, there is hereby
3 established a Commission to be known as the National Ocean
4 Policy Commission (referred to in this Act as the "Commis-
5 sion").
6 SEC. 4. DUTIES OF THE COMMISSION.
7 (a) RECOMMENDATIONS.-(1) The Commission shall
8 develop recommendations on a comprehensive national ocean
9 policy to carry out the purpose of this Act.
10 (2) The Commission shall develop Recommendations on
11 the international and domestic ocean policies, laws, regula-
12 tions, and practices of the United States that are required to
13 define and implement the comprehensive national ocean
14 policy recommended pursuant to paragraph (1). Such recom-
15 mendations shall-
16 (A) address international ocean policy issues asso-
17 ciated with recent developments in international ocean
18 law, including those issues relating to:
19 (i) areas within coastal State resource juris-
20 diction; and
21 (ii) areas beyond national jurisdiction;
22 (B) include any necessary modifications in existing
23 United States policies, laws, regulations, and practices
24 to develop efficient long-range programs for research
25 on, and the conservation, management, and develop-
26 ment of, marine resources;
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1 (C) address the most equitable allocation of re-
2 sponsibilities for research on, and the conservation,
3 management, and development of, marine resources
4 among Federal departments and agencies, appropriate
5 levels of subnational government, and the private
6 sector; and
7 (D) address any other aspects of United States
8 marine-related policies, laws, regulations, and practices
9 deemed necessary by the Commission in carrying out
10 its duties pursuant to subsection (a).
11 (b) PREPARATORY ANALYSES.-In developing its rec-
12 ommendations for domestic and international ocean policy
13 under subsection (a), the Commission shall:
14 (1) take into account the Presidential Proclama-
15 tion of an exclusive Economic Zone on March 10,
16 1983;
17 (2) Consider the relationship of United States poli-
18 cies to the Convention on the Law of the Sea and the
19 range of actions available to the United States to influ-
20 ence favorably the practice of other nations so as to
21 promote the national interest identified under section
22 2(a);
23 (3) survey all significant ocean activities of Fed-
24 eral departments and agencies, including those relating
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1 to navigation, marine research, and the conservation,
2 management, and development of marine resources;
3 (4) assess the existing and projected research and
4 administrative requirements for conserving, managing,
5 and developing marine resources;
6 (5) evaluate the relationships among Federal de-
7 partments and agencies, appropriate levels of subna-
8 tional government, and the private sector for fulfilling
9 the research and administrative requirements identified
10 pursuant to paragraph (4); and
11 (6) engage in any other preparatory work deemed
12 necessary to carry out its duties pursuant to subsection
13 (a).
14 SEC. 5. MEMBERSHIP OF COMMISSION.
15 (a) NUMBER AND APPOINTMENT.-The Commission
16 shall consist of fifteen members who shall be appointed by the
17 President, within sixty days after the enactment of this Act,
18 in accordance with the provisions of this section.
19 (b) FEDERAL AGENCY MEMBERS.-Three members of
20 the Commission shall be employees of the Federal executive
21 branch:
22 (1) one such member shall be an employee of the
23 Department of State;
24 (2) one such member shall be an employee of the
25 Department of Commerce; and
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(3) one such member shall be an employee of the
2
Department of Transportation.
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(c) NONGOVERNMENTAL MEMBERS.-The
remaining
4 twelve members of the Commission shall be knowledgeable
5 and experienced in ocean policy and shall be appointed from
6 the following categories of qualifications:
7 (1) three members shall be from recognized envi-
8 ronmental and other nonprofit public interest organiza-
9 tions involved with national ocean policy;
10 (2) five members shall be from commercial organi-
11 zations (including, but not limited to, those with marine
12 transportation and living and nonliving marine resource
13 interests) involved with national ocean policy; and
14 (3) four members shall be recognized experts in
15 one or more ocean policy fields.
16 (d) METHOD OF APPOINTMENT.-
17 (1) The Speaker of the House of Representatives
18 (referred to in this Act as the "Speaker") shall prepare
19 a list of twelve nominees for appointment to the Com-
20 mission.
21 (2) The majority leader of the Senate (referred to
22 in this Act as the "majority leader") shall prepare a
23 list of twelve nominees for appointment to the Com-
24 mission.
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1 (3) The lists of nominees prepared by the Speaker
2 and the majority leader pursuant of paragraphs (1) and
3 (2), respectively, shall:
4 (A) not contain any of the same nominees;
5 (B) conform to the categories of qualifications
6 identified in subsection (c); and
7 (C) be submitted to the President within
8 thirty days after the date of enactment of this
9 Act.
10 (4) The President shall appoint six members of
11 the Commission from the list submitted by the Speaker
12 and six members from the list submitted by the major-
13 ity leader. No more than three members appointed
14 from each list may be members of the same political
15 party.
16 (e) CHAIRMAN AND VICE CHAIRMAN.-The President,
17 the Speaker, and the majority leader shall, by consensus, ap-
18 point a Chairman and Vice Chairman of the Commission
19 from members referred to in subsection (c).
20 (f) CONGRESSIONAL ADVISERS. -Congressional advis-
21 ers shall be composed of:
22 (1) two members of the House of Representatives,
23 appointed by the Speaker, who shall be from different
24 political parties; and
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1 (2) two members of the Senate, appointed by the
2 majority leader, who shall be from different political
3 parties.
4 (g) GUBERNATORIAL ADVISERS.-
5 (1) There shall be eight gubernatorial advisers ap-
6 pointed by the national organization that represents all
7 the Governors of the States, Commonwealths, and ter-
8 ritories of the United States.
9 (2) The advisers shall consist of two Governors
10 from each of the following regions, who have been
11 active on ocean and coastal issues:
12 (A) the North Atlantic region, consisting of
13 the States of Maine, New Hampshire, Massachu-
14 sets, Rhode Island, Connecticut, New York, New
15 Jersey, Delaware, Pennsylvania, Maryland, and
16 Virginia;
17 (B) the South Atlantic and gulf region, con-
18 sisting of the States of North Carolina, South
19 Carolina, Georgia, Florida, Alabama, Mississippi,
20 Louisiana, and Texas, the Commonwealth of
21 Puerto Rico, and the territory of the Virgin Is-
22 lands;
23 (C) the Great Lakes region, consisting of the
24 States of Minnesota, Wisconsin, Illinois, Indiana,
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1 Michigan, Ohio, Pennsylvania, and New York;
2 and
3 (D) the Pacific region, consisting of the
4 States of Alaska, Washington, Oregon, California,
5 and Hawaii, the Commonwealth of the Northern
6 Mariana Islands, and the territories of Guam and
7 American Samoa.
8 (3) No more than four of the gubernatorial advis-
9 ers may be from the same political party.
10 (4) Each gubernatorial adviser may designate an
11 officer or employee of his State to act in his place as a
12 member.
13 (5) The Commission shall consult regularly and
14 closely with the gubernatorial advisers and shall con-
15 sider their views carefully in developing its recommen-
16 dations.
17 (h) TERMS.-Members shall be appointed for the life of
18 the Commission.
19 (i) VACANCIES.-A vacancy shall be filled in the same
20 manner in which the original appointment was made. A va-
21 cancy in Federal members shall be filled by appointment in
22 accordance with subsection (b). A vacancy in nongovernmen-
23 tal members shall be filled by appointment by the President
24 in accordance with subsection (c). The new member shall
25 meet the same qualifications as the member who has vacated
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1 the position and shall be selected from a new list of at least
2 two nominees prepared by the Speaker or the majority
3 leader, as appropriate.
4 (j) PAY OF MEMBERS.-
5 (1) Except as provided in paragraph (2), members
6 of the Commission shall each be paid at a rate not to
7 exceed the rate of basic pay payable for grade 18 of
8 the General Schedule under section 5332 of title 5,
9 United States Code, for each day (including travel
10 time) during which they are engaged in the actual per-
11 formance of duties vested in the Commission.
12 (2) Members of the Commission who are officers
13 or employees of the United States may not receive pay
14 by reason of their service on the Commission.
15 (3) Members of the Commission may be allowed
16 travel expenses, including per diem in lieu of subsist-
17 ence, as may be authorized by law for persons in Gov-
18 ernment service employed intermittently, in accordance
19 with section 5703 of title 5, United States Code.
20 (k) MEETINGS.-The Commission shall meet at the call
21 of the Chairman or a majority of its members.
22 SEC. 6. DIRECTOR AND STAFF OF COMMISSION.
23 (a) DIRECTOR.-The Commission shall have a Director
24 who shall be appointed by the Chairman and who shall be
25 paid at a rate not to exceed the rate of basic pay payable for
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1 grade 18 of the General Schedule under section 5332 of title
2 5, United States Code. The Director shall be knowledgeable
3 in ocean policy and shall have administrative experience.
4 (b) STAFF.-Subject to such rules as may be prescribed
5 by the Commission and consistent with existing laws and
6 regulations, the Director may appoint such personnel as the
7 Director considers appropriate.
8 (c) EXPERTS AND CONSULTANTS.-Subject to such
9 rules as may be prescribed by the Commission, the Director
10 may procure temporary and intermittent services under sec-
11 tion 3109(b) of title 5, United States Code.
12 (d) STAFF OF FEDERAL AGENCIES.-Upon request of
13 the Commission, the head of any Federal agency shall detail
14 any of the personnel of such agency to the Commission to
15 assist the Commission in carrying out its duties under this
16 Act.
17 SEC. 7. POWERS OF COMMISSION.
18 (a) HEARINGS AND SESSIONS.-The Commission may,
19 for the purposes of carrying out this Act, hold hearings, con-
20 duct meetings, take testimony, and receive evidence, as the
21 Commission considers appropriate. The Commission may ad-
22 minister oaths or affirmations to witnesses appearing before
23 it.
24 (b) POWERS OF MEMBERS AND AGENTS.-Any
25 member or agent of the Commission may, if so authorized by
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1 the Commission, take any action which the Commission is
2 authorized to take by this section.
3 (c) OBTAINING OFFICIAL DATA.-The Commission
4 may request directly from any department or agency of the
5 United States information necessary to enable it to carry out
6 this Act. Upon.request;of the Chairman of the Commission,
7 the head of the department or agency shall furnish duch infor-
8 mation to the Commission, in accordance with any applicable
9 provision of 4aw.
10 (d) MAILS.-The Commission may use the United
11 States mails in the same manner and under the same condi-
12 tions as other departments and agencies of the United States.
13 (e) ADMINISTRATIVE SUPPORT SERVICES.-The Gen-
14 eral Services Administration shall provide to the Commission
15 on a reimbursable basis the administrative support services
16 that the Commission may request.
17 (f) CONTRACTS.-The Commission is authorized to
18 enter into contracts with Federal and State agencies, private
19 firms, institutions, and individuals for the conduct of surveys
20 or research, the preparation of reports, and for other activi-
21 ties that may be necessary to discharge its duties.
22 (g) SUBPENA POWER.-The Commission may issue
23 subpenas requiring the attendance and testimony of witnesses
24 and the production of any evidence that relates to any matter
25 which the Commission is required to review under section 4.
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1 SEC. 8. REPORTS BY COMMISSION.
2 (a) The Commission shall submit to the President and to
3 each House of the Congress within one year after the enact-
4 ment of this Act an interim report pursuant to its duties pro-
5 vided under section 4, giving special consideration to section
6 4(a)(2)(A)(i).
7 (b) The Commission shall submit a final report to the
8 President and to each House of the Congress not later than
9 two years after the date on which the Commission first
10 meets. The final report shall contain the recommendations
11 formulated by the Commission in accordance with section
12 4(a) (1) and (2) and may include the suggested legislative and
13 administrative actions that the Commission deems appropri-
14 ate, as well as a detailed statement of the findings and con-
15 clusions on which the recommendations are based.
16 SEC. 9. REPORTS BY FEDERAL AGENCIES.
17 The head of each Federal department, agency, or in-
18 strumentality that is responsible for any law or program that
19 relates to the Exclusive Economic Zone of the United States
20 shall submit a brief report to Congress, the President, and
21 the Commission describing such laws, regulations, or pro
22 grams within four months of enactment of this Act.
23 SEC. 10. TERMINATION OF COMMISSION.
24 The Commission shall cease to exist on the thirtieth day
25 after the day on which the final report is submitted under
26 section S.
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1 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
2 To carry out this Act, there is authorized to be appro-
3 priated to the Commission not to exceed $1,500,000 for
4 fiscal year 1984 and $1,500,000 for fiscal year 1985.
0
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98TH CONGRESS
1ST SESSION
. R. 2853
To establish a National Oceans Policy Commission to make recommendations to
Congress and the President on a comprehensive national oceans policy.
IN THE HOUSE OF REPRESENTATIVES
MAY 2, 1983
Mr. JONES of North Carolina (for himself, Mr. ZABLOCKI, Mr. FORSYTHE, Mr.
BREAUX, Mr. STUDDS, Mr. D'AMOURS, Mr. YOUNG of Alaska, Mr. PRITCH-
ARD, Mr. GILMAN, Mr. HUBBARD, Mr. LEACH of Iowa, Mr. YATRON, Mr.
HUGHES, Mr. BONKER, and Mrs. SCHNEIDER), introduced the following bill;
which was referred jointly to the Committees on Foreign Affairs and Mer-
chant Marine and Fisheries
A BILL
To establish a National Oceans Policy Commission to make
recommendations to Congress and the President on a com-
prehensive national oceans policy.
1 Be it enacted by the Senate and House of Representa-
2 tines of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the Ns ianal Own Policy
5 Comn"aian t., 1983'.
6 SEC. 2. FINDINGS AND PURPOSE.
7 (a) FINDINGS.-The Congress finds that it is in the na-
8 tional interest to:
STAT
(b)(2)
(b)(3)
(b)(5)
FOIA
(b)(2)
(b)(3)
(b)(5)
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1 (1) encourage the development of international
2 oceans law in a manner that will promote the peaceful
3 uses of the oceans and balance the interests of the
4 United States and all nations;
5 (2) encourage and promote the continued leader-
6 ship of the United States in conducting research on,
7 and in conserving, managing, and developing marine
8 resources (which includes living and nonliving re-
9 sources of the marine environment);
10 (3) promote the wise use and compatible develop-
11 ment of marine resources;
12 (4) encourage United States investments in the
13 exploration and development of marine resources and
14 technologies; and
15 (5) ensure the equitable allocation of the responsi-
16 bilities for marine resource research, conservation,
17 management, and development among various levels of
18 government and the private sector, and promote the ef-
19 ficient use of limited fiscal resources for such research,
20 conservation, management, and development.
21 (b) PURPOSE.-The purpose of this Act is to establish a
22 commission that will develop recommendations for Congress
23 and the President on a comprehensive national oceans policy
24 that is consistent with the national interest identified under
25 subsection (a).
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1 SEC. 3. ESTABLISHMENT OF COMMISSION.
2 To carry out the purpose of this Act, there is hereby
3 established a commission to be known as the National Oceans
4 Policy Commission (referred to in this Act as the "Commis-
5 sion").
6 SEC. 4. DUTIES OF THE COMMISSION.
7 (a) RECOMMENDATIONS.-(1) The Commission shall
8 develop recommendations on a comprehensive national
9 oceans policy to carry out the purpose of this Act.
10 (2) The Commission shall develop recommendations on
11 the international and domestic ocean policies, laws, regula-
12 tions, and practices of the United States that are required to
13 define and implement the comprehensive national ocean
14 policy recommended pursuant to paragraph (1). Such recom-
15 mendations shall-
16 (A) address international ocean policy issues asso-
17 ciated with recent developments in international oceans
18 law, including those issues relating to:
19 (i) areas within coastal state resource juris-
20 diction; and
21 (ii) areas beyond national jurisdiction;
22 (B) include any necessary modifications in existing
23 United States policies, laws, regulations, and practices
24 to develop efficient long-range programs for research
25 on, and the conservation, management, and develop-
26 ment of, marine resources;
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1 (C) address the most equitable allocation of re-
2 sponsibilities for research on, and the conservation,
3 management, and development of, marine resources
4 among Federal agencies, appropriate levels of subna-
5 tional government, and the private sector; and
6 (D) address any 'other aspects of United States
7 marine-related policies, laws, regulations, and practices
8 deemed necessary by the Commission in carrying out
9 its duties pursuant to subsection (a).
10 (b) PREPARATORY ANALYSES.-In developing its rec-
11 ommendations under subsection (a), the Commission shall:
12 (1) take into account the Presidential Proclama-
13 tion of an Exclusive Economic Zone on March 10,
14 1983;
15 (2) consider the relationship of United States poli-
16 cies to the Convention on the Law of the Sea and the
17 range of actions available to the United States to influ-
18 ence favorably the practice of other states so as to pro-
19 mote the national interest identified under section 2(a);
20 (3) survey all significant ocean activities of Feder-
21 al agencies and departments including those relating to
22 navigation, marine research, and the conservation,
23 management, and development of marine resources;
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1 (4) assess the existing and projected research and
2 administrative requirements for conserving, managing,
3 and developing marine resources;
4 (5) evaluate the relationships among Federal
5 agencies, and appropriate levels of subnational govern-
6 ment, and the private sector for fulfilling the research
7 and administrative requirements identified pursuant to
8 paragraph (4); and
9 (6) engage in any other preparatory work deemed
10 necessary to carry out its duties pursuant to subsection
11 (a).
12 SEC. 5. MEMBERSHIP OF COMMISSION.
13 (a) NUMBER AND APPOINTMENT.-The Commission
14 shall consist of fifteen members who shall be appointed by the
15 President, within sixty days after the enactment of this Act,
16 in accordance with the provisions of this section.
17 (b) FEDERAL AGENCY MEMBERS.-Three members of
18 the Commission shall be employees of the Federal executive
19 branch:
20 (1) one such member shall be an employee of the
21 Department of State;
22 (2) one such member shall be an employee of the
23 Department of Commerce; and
24 (3) one such member shall represent a Federal de-
25 partment, other than the Department of State or the
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1 Department of Commerce, with a direct interest in na-
2 tional oceans policy.
3 (c) NON-FEDERAL MEMBERS.-The remaining twelve
4 members of the Commission shall be knowledgeable and ex-
5 perienced in oceans policy and shall be appointed from the
6 following categories or qualifications:
7 (1) three members shall be from the private sector
8 and represent nonprofit organizations (including, but
9 not limited to, those with consumer and environmental
10 interests) involved with national oceans policy;
11 (2) five members shall be from the private sector
12 and represent commercial organizations (including, but
13 not limited to, those with marine transportation and
14 living and nonliving marine resource interests) involved
15 with national oceans policy;
16 (3) two members shall be Governors of coastal
17 States and shall be from different political parties;
18 (4) two members shall be specialists in ocean
19 policy from the academic community.
20 (d) METHOD OF APPOINTMENT.-
21 (1) The Speaker of the House of Representatives
22 (referred to in this Act as the "Speaker") shall prepare
23 a list of twelve nominees for appointment to the
24 Commission.
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1 (2) The majority leader of the Senate (referred to
2 in this Act as the "majority leader") shall prepare a
3 list of twelve nominees for appointment to the
4 Commission.
5 (3) The lists of nominees prepared by the Speaker
6 and the majority leader pursuant to paragraphs (1) and
7 (2), respectively, shall:
8 (A) not contain any of the same nominees;
9 (B) contain nominees that conform to the
10 categories of qualifications identified in subsection
11 (c); and
12 (C) be submitted to the President within
13 thirty days after enactment of this Act.
14 (4) The President shall appoint six members of
15 the Commission from the list submitted by the Speaker
16 and six members from the list submitted by the major-
17 ity leader. No more than three members appointed
18 from each list may be members of the same political
19 party.
20 (e) CHAIRMAN AND VICE-CHAIRMAN.-The President,
21 the Speaker, and the majority leader shall, by consensus, ap-
22 point a Chairman and Vice-Chairman of the Commission
23 from members referred to in subsection (c).
24 (f) CONGRESSIONAL ADVISORS.-Congressional advi-
25 sors shall be composed of:
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1 (1) two members of the House of Representatives,
2 appointed by the Speaker, who shall be from different
3 political parties; and
4 (2) two members of the Senate, appointed by the
5 majority leader, who shall be from different political
6 parties.
7 (g) DESIGNEES OF GOVERNORS.-Gubernational ap-
8 pointees may designate an officer or employee of their State
9 to act in their place as a member. The designee shall be
10 considered to have been appointed by the President.
11 (h) TERMS.-Members shall be appointed for the life of
12 the Commission.
13 (i) VACANCIES.-A vacancy shall be filled in the same
14 manner in which the original appointment was made. A va-
15 cancy in Federal members shall be filled by appointment in
16 accordance with subsection (b). A vacancy in non-Federal
17 members shall be filled by appointment by the President in
18 accordance with subsection (c). The new member shall meet
19 the same qualifications as the member who has vacated the
20 position and shall be selected from a new list of at least two
21 nominees prepared by the Speaker or the majority leader, as
22 appropriate.
23 0) PAY OF MEMBERS.-(1) Except as provided in para-
24 graph (2), members of the Commission shall each be paid at a
25 rate not to exceed the rate of basic pay payable for grade 18
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1 of the General Schedule for each day (including travel time)
2 during which they are engaged in the actual performance of
3 duties vested in the Commission.
4 (2) Members of the Commission who are officers or em-
5 ployees of the United States may not receive pay by reason
6 of their service on the Commission.
7 (3) Members of the Commission may be allowed travel
8 expenses, including per diem in lieu of subsistence, as may be
9 authorized by law for persons in Government service em-
10 ployed intermittently.
11 (k) MEETINGS.-The Commission shall meet at the call
12 of the Chairman or a majority of its members.
13 SEC. 6. DIRECTOR AND STAFF OF COMMISSION.
14 (a) DIRECTOR.-The Commission shall have a Director
15 who shall be appointed by the Chairman and who shall be
16 paid at a rate not to exceed the rate of basic pay payable for
17 grade 18 of the General Schedule. The Director shall be
18 knowledgeable in oceans policy and shall have administrative
19 experience.
20 (b) STAFF.-Subject to such rules as may be prescribed
21 by the Commission and consistent with existing laws and
22 regulations, the Director may appoint such personnel as the
23 Director considers appropriate.
24 (c) EXPERTS AND CONSULTANTS.-Subject to such
25 rules as may be prescribed by the Commission, the Director
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1 may procure temporary and intermittent services under sec-
2 tion 3109(b) of title 5, United States Code.
3 (d) STAFF OF FEDERAL AGENCYS.-Upon request of
4 the Commission, the head of any Federal agency shall detail
5 any of the personnel of such agency ? to the Commission to
6 assist the Commission. in carrying out its duties under this
7 Act.
8 SEC. 7. POWERS OF COMMISSION.
9 (a) HEARINGS AND SESSIONS.-The Commission may,
10 for the purposes of carrying out this Act, hold hearings, con-
11 duct meetings, take testimony, and receive evidence, as the
12 Commission considers appropriate. The Commission may ad-
13 minister oaths or affirmations to witnesses appearing before
14 it.
15 (b) POWERS OF MEMBERS AND AGENTS.-Any
16 member or agent of the Commission may, if so authorized by
17 the Commission, take any action which the Commission is
18 authorized to take by this section.
19 (c) OBTAINING OFFICIAL DATA.-The Commission
20 may secure directly from any department or agency of the
21 United States information necessary to enable it to carry out
22 this Act. Upon request of the Chairman of the Commission,
23 the head of the department or agency shall furnish such infor-
24 mation to the Oommisaion.
HR 2853 IH
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1 (d) MAILS.-The Commission may use the United
2 States mails in the same manner and under the same condi-
3 tions as other departments and agencies of the United States.
4 (e) ADMINISTRATIVE SUPPORT SERVICES.-The Gen-
5 eral Services Administration shall provide to the Commission
6 on a reimbursable basis the administrative support services
7 that the Commission may request.
8 (f) CONTRACTS.-The Commission is authorized to
9 enter into contracts with Federal and State agencies, private
10 firms, institutions and individuals for the conduct of surveys
11 or research, the preparation of reports, and for other activi-
12 ties that may be necessary to discharge its duties.
13 (g) SUBPENA POWER.-The Commission may issue
14 subpenas requiring the attendance and testimony of witnesses
15 and the production of any evidence that relates to any matter
16 which the Commission is required to review under section 4.
17 SEC. 8. REPORTS BY COMMISSION.
18 (a) The Commission shall submit to the President and to
19 each House of the Congress within one year after the enact-
20 ment of this Act an interim report pursuant to its duties pro-
21 vided under section 4, giving special consideration to section
22 4(a)(2)(A)(i).
23 (b) The Commission shall ' Anal, report to the
24 President and to each House of the Congress not later than
25 t~s after the date on which the Commission first
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1 meets. The final report shall contain the recommendations
2 formulated by the Commission in accordance with section
3 4(a) (1) and (2) and may include the suggested legislative and
4 administrative actions that the Commission deems appropri-
5 ate, as well as a detailed statement of the findings and con-
6 clusions on which the recommendations are based.
7 SEC. 9. REPORTS BY FEDERAL AGENCIES.
8 The head of each Federal department, agency, or in-
9 strumentality that is responsible for any law or program that
10 relates to the Exclusive Economic Zone of the United States
11 shall submit a brief report to Congress, the President, and
12 the Commission describing such laws, regulations, or pro-
13 grams within four months of enactment of this Act.
14 SEC. 10. TERMINATION OF COMMISSION.
15 The Commission shall cease to exist on the thirtieth day
16 after the day on which the final report is submitted under
17 section 8.
18 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
19 To carry out this Act, there is authorized to be appro-
20 priated to the Commission not to exceed $1,500,000 for
21 fiscal year 1984 and $1,500,000 for fiscal year 1985.
0
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(8) Subsection (e) of section 613 of such
Code is amended-
(A) by striking out "deposits" each place it
appears in paragraph (1) and inserting in
lieu thereof "properties", and
(B) by striking out "DsrosITs" in the sub-
section heading and inserting in lieu thereof
"PROPERTIES".
(9) Subsection (b) of section 614 of such
Code is amended-
(A) by striking out "geothermal deposits"
in the text and Inserting in lieu the f
"geothermal wells", and
(B) by striking out "GEOTHERMAL srrs"
in the subsection heading and rting in
lieu thereof "csoTHERMAL w .
(10) Paragraph (1) of on 614(c) of
such Code is amended striking out "oil
and gas wells and geot rmal deposits" each
United 4*''es in ocean policy, and for
other purposes; to the Committee on
Commerce, Science, and Transporta-
tion.
NATIONAL OCEAN POLICY COMMISSION ACT OF
1983
9 Mr. HOLLINGS. Mr. President,
today I am introducing a bill to create
a blue-ribbon panel whose purpose is
to develop a comprehensive set of rec-
ommendations for U.S. ocean policy,
based on an evaluation of our current
international and domestic ocean in-
terests. This panel would be known as
the National Ocean Policy Commis-
sion. It is patterned on the highly suc-
cessful Stratton Commission of the
mid-1960's which generated many of
the ideas and recommendations that
underlie our present-day network of
ocean law and policy. I am honored to
be joined on this bill by the distin-
guished senior Senator from Rhode
Island, Senator PELL, who has been a
loyal and vigorous defender of this Na-
tion's ocean interests throughout his
career in National Government.
The Stratton Commission, formally
named the Commission on Marine Sci-
ence, Engineering, and Resources, was
established by legislation enacted a
few months before my first days in the
Senate. I watched the work of that
Commission for the next 2 years, and
was impressed by the teamwork, esprit
de corps, and inspiration of its mem-
bers and staff. The recommendations
in the Commission's landmark report,
"Our Nation and the Sea," led to the
creation of a lead civilian ocean
agency (NOAA), the Coastal Zone
Management Act, the estuarine sanc-
tuaries program, the ocean dumping
research program, expanded sea grant
d 1- services and a variety
v
14 ~C/ "
T'j
May S, l dj
tions with an understanding of the po-
litical context.
In the foreword to "Our Nation and
the Sea" the Stratton Commission
made the following closing statement:
The Commission harbors no illusions that
it has provided final answers to the multi-
tude of questions that relate to the future
of the seas. Indeed, the legislation of 1966
itself was envisaged by the Congress only as
a first step, and we recognize that no report,
no program, can be valid for all time. But
we earnestly hope that the work of this
Commission will lead to constructive action
and a major advance for our Nation and the
Sea.
This is a modest statement by a
group that succeeded in producing a
genuine blueprint for action. I would
hope that the commission contemplat-
ed by this bill will produce recommen-
dations as effective in making further
advances for our Nation and the sea.?
9 Mr. PELL. Mr. President, today it is
with great pleasure that I join the dis-
tinguished Senator from South Caroli-
na, Senator HoLLixos, in introducing
legislation to create a new U.S. Ocean
Commission-a Commission to be
charged with analyzing, reviewing, and
formulating policy recommendations
concerning our myriad domestic and
international oceans interests. It is my
hope that with the creation of this
Commission, U.S. oceans policy will be
removed from the political morass into
which it has fallen.
I need not reiterate at length, at this
time, my well-known views on the ill-
conceived decisions by the President to
reject the Law of the Sea Treaty, fi-
nally negotiated after years of effort
and compromise; and to go ahead, pre-
cipitously in my view, to establish an
exclusive economic zone (EEZ) within
200 miles of our shores. However, I
will say that the price the President
has paid for all the rankling over
these decisions, both in and outside of
the administration, has been the cre-
ation of an environment in which
sound and well-informed policy formu-
latioi has become exceedingly diffi-
cult, it not imposible. This has led to a
vacuum in U.S. oceans policy, as it re-
lates to international affairs. In addi-
tion, U.S. oceans policy has suffered
domestically from lack of leadership
from the administration with regard
to the promotion of the wise use and
compatible development of our marine
resources.
In order to remove such an impor-
tant subject from this charged envi-
ronment, Senator HOLLINGS and I are
today proposing the establishment of
an Ocean Commission. The proposed
Commission will be made up of 15
members to be chosen from Federal
y
a
marine
of atmospheric programs like the body whose members are knowledgea- agencies, academia, industry, and
world weather watch. ble and experienced in ocean policy public interest groups involved in var-
Much has transpired since the Strat- matters and come from diverse back- ious ocean uses. Several Members
ton Commission published its report in grounds with consumer and environ- from the House and Senate as well as
January 1969. Only a few months ago mental groups, marine industries, and eight gubernatorial representatives
did we see a treaty emerge from the the academic community. In addition, representing various regions will also
exhausting and exhaustive Third we would have gubernatorial and con- serve as advisers to the Commission.
United Nations Conference on the Law gressional advisers to insure that the The President will select the non-Fed-
of the Sea. That event marked the be- Commission makes its recommenda- eral Government members of the
By MVHOLLINGS (for himself
forcement, drug interdiction, and
marine environmental protection.
These were responsibilities that the
Coast Guard, winding down its in-
volvement in Vietnam, would have had
difficulty predicting in 1969.
At the time of the Stratton Commis-
sion, there was an awareness of the
national value of programs that em-
ployed Federal funds to bring our
many levels of government together
on issues. This is the spirit of the
coastal zone management and sea
grant college programs. The coastal
zone program was not even in exist-
ence in 1969 and sea grant was just
getting started. Now some 26 coastal
States have coastal zone management
systems. And a collaborative network
of universities, industry, and State and
local governments has been forged
through sea grant matching funds, for
the advancement of the marine econo-
my and education and research in
fields of marine expertise. In 1983 we
face great budgetary pressures and the
administration has suggested that the
States and private sector can keep
these worthwhile activities going with-
out Federal help.
A National Ocean Policy Commis-
sion will present us with an opportuni-
ty to gain the insights of thoughtful,
dedicated individuals into the direc-
tion ocean policy should take amid
these rapidly changing circumstances.
The Commission can take a look at
U.S. international ocean policy, insu-
lated from the political controversy
surrounding the President's decision
not to sign the Law of the Sea Treaty.
It will also be able to make a fresh
evaluation of the appropriate function
and location of the National Oceanic
and Atmospheric Administration
within the executive branch. Such an
evaluation is especially important
since the President's decision to seek
creation of a Department of Trade has
been silent on plans for !NOAA if the
reorganization is accomplished. Fur-
thermore, the Commission can recom-
mend the proper balance of responsi-
bilities among Federal, State, local,
and private interests-an essential task
before a fair, reasoned judgment can
be made on how much of our ocean
programs should be borne by the
States.
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May 9, 1983 CONGRESSIONAL RECORD - SENATE
Commission from two bipartisan lists
of individuals representing oceans ex-
perts and interested parties submitted
to him by the Speaker of the House,
and the Senate majority leader. The
Commission will be broadly charged
with reviewing current laws, regula-
tions, and policies which effect U.S.
oceans interests, and making recom-
mendations to the Congress and the
President on a comprehensive national
est. The Commission will cease t
function after the 2-year schedule pro-
vided in the bill, following the submis-
sion of a written report on its findings
and recommendations. The costs to
the taxpayer will be modest, and the
potential benefits of a carefully
framed oceans policy immense.
As you probably are aware Mr. Presi-
dent, this is not the first time Con-
gress has created an oceans commis-
sion to review, analyze, and make rec-
ommendations concerning U.S. oceans
policy. In 1966, pursuant to the
Marine Resources and Engineering
Development Act, the U.S. Commis-
sion on Marine Science, Engineering,
and Resources was established. This
Commission which came to be known
as the Stratton Commission, after its
distinguished Chairman, Julius A.
Stratton of the Ford Foundation, la-
bored for 2 years, and in that time
very successfully fulfilled its mandate
to investigate and make recommenda-
tions on a vast array of marine prob-
lems.
The comprehensive final report of
the Stratton Commission provided an
in-depth examination of both current
and long-term developments with re-
spect to the future management and
development of the living and nonliv-
ing resources of the oceans; with re-
spect the necessity and possible meth-
ods for protection the marine environ-
ment; and with respect to the national
security and the economic imperative
for promoting the advancement of
marine science and technology. Fur-
ther, the Commission recognized the
need for a new international legal/po-
litical framework if the United States
is to successfully explore and exploit
the riches of the oceans beyond our
territorial waters. Last but by no
means least, the Commission recom-
mended that an independent agency be
created to act as the umbrella organi-
zation to rationalize our policy formu-
lation with respect to the vast and
often conflicting issues and overlap-
ping jurisdictions which have come to
characterize oceans matters. I am
speaking of the creation of the very
successful National Oceanic and At-
mospheric Administration (NOAA).
As you can see, the very fruitful
work of the Stratton Commission of
the 1960's provided an ambitious
agenda for U.S. policymakers to
pursue in the 1970's. It is my hope
that after the 2-year period of delib-
erations by our newly proposed Com-
mission, it will prove as successful as
the Stratton Commission in develop-
ing an ambitious, comprehensive, and
well-balanced agenda for the 1980's
and 1990's. I cannot stress too strongly
how important it is that the United
States adopt and pursue such an
agenda. Perhaps the words of the
Stratton Commission express it best:
How fully and wisely the United States
uses the sea in the decades ahead will affect
profoundly its security, its economy, its abil-
ity to meet increasing demands for food and
raw materials, its position and influence in
the world community, and the quality of
the environment in which its people live.*
velopment and implementation of pro-
grams for children and youth camp
safety; to the Committee on Labor and
Human Resources.
CHILDREN AND YOUTH CAMP SAFETY ACT
9 Mr. WEICKER. Mr. President,
today I am pleased to introduce the
Children and Youth Camp Safety Act.
For well over a decade my former col-
league from Connecticut, Senator Ri-
bicoff, and I have worked to provide
protection for youngsters who attend
our Nation's summer camps. We have
pointed out that while 8 to 10 million
boys and girls attend 10,000 summer
camps each year, only 10 States have
any type of agency responsible for
monitoring camp conditions and oper-
ations. We have urged this body to
pass legislation that establishes a Fed-
eral role in aiding States to develop
camp health and safety standards. Un-
fortunately, no affirmative steps have
yet been taken.
It is hard to believe, but most States
make no effort to safeguard our mil-
lions of camping youngsters by requir-
ing that any minimum safety stand-
ards be met. Each summer we see the
results: drownings, accidental shoot-
ings, blindings, and disabling injuries.
To an alarming extent, these are the
results of poorly trained camp staffs,
many of whom are juveniles them-
selves, and dilapidated facilities that
are somehow thought adequate for
camping youngsters under the guise of
roughing it.
In March of 1978 my constituent,
Mitch Kurman of Westport, Conn., ap-
peared before the Senate Subcommit-
tee on Child and Human Development
and forcefully presented the case for
Federal camp safety legislation. Mitch
lost his own son in a tragic camping
accident in Maine and he has devoted
many years to documenting camp acci-
dents and unsafe camp conditions
throughout the United States. He has
aroused the conscience of many
Americans and I commend him for his
tireless efforts on behalf of meaning-
ful camp safety standards.
States are well aware of the prob-
lem. Yet the protection necessary to
safeguard the health and well-being of
our Nation's youth has not yet materi-
alized. In an effort to prevent future
deaths or accidents, this bill would
provide for Federal financial and tech-
S 6321
nical aid to States to encourage them
to develop programs for implementing
youth camp safety standards. Further-
more, this measure would insure that
States and youth camps are not over-
burdened by necessary Federal regula-
tions. It would essentially direct any
Federal standard promulgated by the
Office of Youth Camp Safety to the
Congress for its approval within 60
days.
Now, let us work expeditiously, Mr.
President, to see that in this session of
Congress prompt and favorable action
will be taken to alleviate this persist-
ent problem of camp accidents. Early
passage will mean one less summer of
disability or death due to preventable
camping accidents.
Mr. President, I ask unanimous con-
sent that the text of the bill be print-
ed at this point in the RECORD.
There being no objection, the bill
was ordered to be printed in the
RECORD, as follows:
S. 1239
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "Children and
Youth Camp Safety Act".
STATEMENT OF PURPOSE
SEC. 2. (a) It is the purpose of this Act to
protect and safeguard the health and well-
being of the youth of the Nation attending
day camps, residential camps, short-term
group camps, travel camps, trip camps,
primitive or outpost camps, and Federal rec-
reational youth camps, by providing for es-
tablishment of Federal standards for safe
operation of youth camps, to provide Feder-
al financial and technical assistance to the
States in order to encourage them to devel-
op programs and plans for implementing
safety standards for youth camps, and to
provide for the Federal implementation of
safety standards for youth camps in States
which do not implement such standards and
for Federal recreational youth camps, there-
by providing assurance to parents and inter-
ested citizens that youth camps and Federal
recreational youth camps meet minimum
safety standards.
(b) In order to protect and safeguard ade-
quately the health and well-being of the
children and youth of the Nation attending
camps, it is the purpose of this Act that
youth camp safety standards be applicable
to intrastate as well as interstate youth
camp operators.
CONGRESSIONAL INTENT REGARDING STATE
INVOLVEMENT
SEC. 3. It is the intent of Congress that
the States assume responsibility for the de-
velopment and enforcement of effective
youth camp safety standards. The Secretary
shall provide, in addition to financial and
technical assistance, consultative services
necessary to assist in the development and
implementation of State youth camp safety
standards.
DEFINITIONS
SEC. 4. For purposes of this Act:
(1) The term "youth camp" means any
residential camp, day camp,' short-term
group camp, troop camp, travel camp, trip
camp, primitive or outpost camp, or Federal
recreational youth camp located on private
or public land, which-
(A) is conducted as a youth camp for the
same ten or more campers under eighteen
years of age;
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