CRS Report: 98-640 - Oceans Act in the 105th Congress: Bills Relating to a U.S. Oceans Policy

Oceans Act in the 105th Congress:
Bills Relating to a U.S. Oceans Policy

Eugene H. Buck
Senior Analyst, Natural Resources Policy
Environment. and Natural Resources Policy Division

Summary

Legislation introduced in the l05th Congress seeks to undertake a process similar to the comprehensive review of ocean and coastal policy conducted by the Stratton Commission in the late 1960s. This short report provides historical background on the Stratton Commission and discusses proposed Oceans Act legislation, S. 1213, H.R. 2547, and HR. 3445 It provides a comparison of specific provisions of S. 1213 and H.R. 3445 and reviews pro and con arguments relating to this issue. This report will be updated as needed.

The Marine Resources and Engineering Development Act of 1966 (P.L 89-454) stated U. S. marine policy and objectives, created a National Council on Marine Resources and Engineering Development, and initiated work by a presidential bipartisan Commission on Marine Science, Engineering, and Resources. This 15-member Commission came to be known as the "Stratton Commission" after Dr. Julius A. Stratton, retired President of Massachusetts Institute of Technology and Chairman of the Board of the Ford Foundation, who was appointed its Chairman in 1967 by President Lyndon Johnson. Although many Commission members had little involvement with ocean issues prior to their appointment, the Commission's more than 120 formal recommendations led directly, within several years, to the formation of the National Sea Grant College Program and federal government reorganization including the creation of the National Oceanic and Atmospheric Administration (NOAA) as well as laying the groundwork for coastal zone management legislation. In addition, Congress established the National Advisory Council on the Ocean and Atmosphere and legislation on estuarine reserves and national marine sanctuaries reflected Commission recommendations. However, action was less forthcoming on Commission recommendations relating to undersea technology. More than 30 years later, legislation has been introduced in the 105th Congress to conduct a similar in-depth assessment of ocean policy.

Three bills have been introduced in the 105th Congress - S. 1213, HR. 2547, and H.R. 3445 - to undertake a similar process to review, develop, and coordinate a comprehensive and long-range oceans policy to prepare for the 21st Century.1 Table I provides a comparison of the major provisions of HR. 3445 and S. 1213, the two bills receiving action. The Senate bill provides for an interagency Cabinet-level National Ocean Council as well as a 16-member independent Commission on Ocean Policy. The Commission would be authorized to develop and report findings and recommendations on a comprehensive national ocean and coastal policy, while the Council would advise the President on developing a national oceans program and coordinating its implementation among federal agencies. Thus, the Commission would serve an advisory function, while the Council would coordinate implementation of specific policy initiatives.

The House bills would establish a Commission on Ocean Policy, but no National Ocean Council. The Commission on Ocean Policy would be authorized at $4 million (H.R. 3445) to $6 million (S. 1213) and given 18 months to report its recommendations and findings. (For the current legislative status on these bills, see CRS Issue Brief 10010, Fishery, Aquaculture, and Marine Mammal Legislation, the 106th Congress.)

The United Nations has designated 1998 as the International Year of the Ocean. Some individuals suggest that enactment of Oceans Act legislation would be an appropriate and helpful way for the United States to participate. Proponents of Oceans Act legislation suggest that use of the oceans and coastal areas has expanded and evolved substantially since the 1969 Stratton Commission report and that a comprehensive review of the policy framework to address change is timely and useful. Many ocean and coastal resources, considered inexhaustible at the time of the Stratton Commission report, are now stressed, depleted, polluted, threatened, or overused. In addition, the legal framework for managing ocean and coastal resources is far more complex today than it was in the late 1960s, when the international community was debating a basic Law of the Sea treaty.

Others, however, consider existing marine and ocean policy to be adequate to the task and feel that additional efforts would be duplicative and not cost-effective. These individuals remind us that fiscal resources are limited and must be spent efficiently and wisely. Critics of the National Ocean Council provisions in the Senate bill question the logic of creating an executive Council prior to completion of the comprehensive study and report by the National Ocean Commission. They express concerns that the existence of such a Council might constrain the Commission's policy recommendations.

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U.S. Commission on Marine Science, Engineering, and Resources. Our Nation and the Sea: A Plan for National Action. Washington, DC: U.S. Govt. Print. Off, 1969. 305 p.

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S.1213, as passed by the Senate		H.R. 3445, as introduced
Commission on Ocean Policy	Sec. 6 would establish a 16-member Commission with 4 members appointed by the President unilaterally, 4 from a list of 8 proposed by the Senate Majority leader, 4 from 8 proposed by the Speaker of the house, 2 from 4 proposed by the Senate Minority Leader and 2 from 4 proposed by the House Minority Leader. A final report of findings and recommendations to the President would be required within 18 months The President would select the Commission's Chairman. The Commission would have four members of Congress in an advisory capacity.	Sec. 5 would establish a 16 member Commission with 4 members appointed by the President unilaterally, 4 from a list of 8 proposed by the Senate Majority Leader 4 from 8 proposed by the Speaker of the House 2 from 4 proposed by the Senate Minority Leader and 2 from 4 proposed by the House Minority Leader. A final report of findings and recommendations to the President would be required within 18 months. The Commission would elect its own Chairman, and have four Members of' Congress participating in an advisory capacity.
National Ocean Council	Sec. 5 would create a Council of the Secretaries of Commerce, Transportation, State Defense, and the Interior; the Attorney General; the chief officials of the Environmental Protection Agency, the National Science Foundation, tile Office of Science and Technology Policy, the Council on Environmental Quality, the National Economic Council. and the Office of Management and Budget; and other appropriate federal officials. The Council would assist in completing die Commission's report, assist the President in preparing the 1st report to Congress and improve the coordination among federal agencies. The Council would cease to exist 1 year after the Commission submitted its final report.	No Council would be established.
Executive responsibilities	Sec. 4 would direct the President to develop and maintain a coordinated and long-range national policy with respect to ocean and coastal activities. See. 7 would direct the President to submit a biannual report to Congress describing all federal programs relating to ocean and coastal activities and their funding.	Sec. 4 would direct the President to develop and maintain a coordinated, comprehensive, and long-range national ocean and coastal policy, including a plan to meet infrastructure requirements. This would take Commission recommendations and findings into account to achieve certain objectives. A biennial report to Congress would describe all federal programs relating to ocean and coastal activities and their funding.

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