S. 2327

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

An Act

To establish 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 2000’’.

SEC. 2. PURPOSE AND OBJECTIVES.

The purpose of this Act is to establish a commission to make

recommendations for coordinated and comprehensive national ocean

policy that will promote—

(1) the protection of life and property against natural and

manmade hazards;

(2) responsible stewardship, including use, of fishery

resources and other ocean and coastal resources;

(3) the protection of the marine environment and prevention of marine pollution;

(4) the enhancement of marine-related commerce and

transportation, the resolution of conflicts among users of the

marine environment, and the engagement of the private sector

in innovative approaches for sustainable use of living marine

resources and responsible use of non-living marine resources;

(5) the expansion of human knowledge of the marine

environment including the role of the oceans in climate and

global environmental change and the advancement of education

and training in fields related to ocean and coastal activities;

(6) the continued investment in and development and

improvement of the capabilities, performance, use, and efficiency of technologies for use in ocean and coastal activities,

including investments and technologies designed to promote

national energy and food security;

(7) close cooperation among all government agencies and

departments and the private sector to ensure—

(A) coherent and consistent regulation and management of ocean and coastal activities;

(B) availability and appropriate allocation of Federal

funding, personnel, facilities, and equipment for such activities;

(C) cost-effective and efficient operation of Federal

departments, agencies, and programs involved in ocean

and coastal activities; and

(D) enhancement of partnerships with State and local

governments with respect to ocean and coastal activities,

including the management of ocean and coastal resources
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and identification of appropriate opportunities for policymaking and decision-making at the State and local level;

and

(8) the preservation of the role of the United States as

a leader in ocean and coastal activities, and, when it is in

the national interest, the cooperation by the United States

with other nations and international organizations in ocean

and coastal activities.

SEC. 3. COMMISSION ON OCEAN POLICY.

(a) ESTABLISHMENT.—There is hereby established the Commission on Ocean Policy. The Federal Advisory Committee Act (5

U.S.C. App.), except for sections 3, 7, and 12, does not apply

to the Commission.

(b) MEMBERSHIP.—

(1) APPOINTMENT.—The Commission shall be composed of

16 members appointed by the President from among individuals

described in paragraph (2) who are knowledgeable in ocean

and coastal activities, including individuals representing State

and local governments, ocean-related industries, academic and

technical institutions, and public interest organizations

involved with scientific, regulatory, economic, and environmental ocean and coastal activities. The membership of the

Commission shall be balanced by area of expertise and balanced

geographically to the extent consistent with maintaining the

highest level of expertise on the Commission.

(2) NOMINATIONS.—The President shall appoint the members of the Commission, within 90 days after the effective

date of this Act, including individuals nominated as follows:

(A) 4 members shall be appointed from a list of 8

individuals who shall be nominated by the Majority Leader

of the Senate in consultation with the Chairman of the

Senate Committee on Commerce, Science, and Transportation.

(B) 4 members shall be appointed from a list of 8

individuals who shall be nominated by the Speaker of

the House of Representatives in consultation with the

Chairmen of the House Committees on Resources,

Transportation and Infrastructure, and Science.

(C) 2 members shall be appointed from a list of 4

individuals who shall be nominated by the Minority Leader

of the Senate in consultation with the Ranking Member

of the Senate Committee on Commerce, Science, and

Transportation.

(D) 2 members shall be appointed from a list of 4

individuals who shall be nominated by the Minority Leader

of the House in consultation with the Ranking Members

of the House Committees on Resources, Transportation

and Infrastructure, and Science.

(3) CHAIRMAN.—The Commission shall select a Chairman

from among its members. The Chairman of the Commission

shall be responsible for—

(A) the assignment of duties and responsibilities among

staff personnel and their continuing supervision; and

(B) the use and expenditure of funds available to the

Commission.
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(4) VACANCIES.—Any vacancy on the Commission shall be

filled in the same manner as the original incumbent was

appointed.

(c) RESOURCES.—In carrying out its functions under this section,

the Commission—

(1) is authorized to secure directly from any Federal agency

or department any information it deems necessary to carry

out its functions under this Act, and each such agency or

department is authorized to cooperate with the Commission

and, to the extent permitted by law, to furnish such information

(other than information described in section 552(b)(1)(A) of

title 5, United States Code) to the Commission, upon the

request of the Commission;

(2) may enter into contracts, subject to the availability

of appropriations for contracting, and employ such staff experts

and consultants as may be necessary to carry out the duties

of the Commission, as provided by section 3109 of title 5,

United States Code; and

(3) in consultation with the Ocean Studies Board of the

National Research Council of the National Academy of Sciences,

shall establish a multidisciplinary science advisory panel of

experts in the sciences of living and non-living marine resources

to assist the Commission in preparing its report, including

ensuring that the scientific information considered by the

Commission is based on the best scientific information available.

(d) STAFFING.—The Chairman of the Commission may, without

regard to the civil service laws and regulations, appoint and terminate an Executive Director and such other additional personnel

as may be necessary for the Commission to perform its duties.

The Executive Director shall be compensated at a rate not to

exceed the rate payable for Level V of the Executive Schedule

under section 5136 of title 5, United States Code. The employment

and termination of an Executive Director shall be subject to confirmation by a majority of the members of the Commission.

(e) MEETINGS.—

(1) ADMINISTRATION.—All meetings of the Commission shall

be open to the public, except that a meeting or any portion

of it may be closed to the public if it concerns matters or

information described in section 552b(c) of title 5, United States

Code. Interested persons shall be permitted to appear at open

meetings and present oral or written statements on the subject

matter of the meeting. The Commission may administer oaths

or affirmations to any person appearing before it:

(A) All open meetings of the Commission shall be preceded by timely public notice in the Federal Register of

the time, place, and subject of the meeting.

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

contain a record of the people present, a description of

the discussion that occurred, and copies of all statements

filed. Subject to section 552 of title 5, United States Code,

the minutes and records of all meetings and other documents that were made available to or prepared for the

Commission shall be available for public inspection and

copying at a single location in the offices of the Commission.
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(2) INITIAL MEETING.—The Commission shall hold its first

meeting within 30 days after all 16 members have been

appointed.

(3) REQUIRED PUBLIC MEETINGS.—The Commission shall

hold at least one public meeting in Alaska and each of the

following regions of the United States:

(A) The Northeast (including the Great Lakes).

(B) The Southeast (including the Caribbean).

(C) The Southwest (including Hawaii and the Pacific

Territories).

(D) The Northwest.

(E) The Gulf of Mexico.

(f) REPORT.—

(1) IN GENERAL.—Within 18 months after the establishment

of the Commission, the Commission shall submit to Congress

and the President a final report of its findings and recommendations regarding United States ocean policy.

(2) REQUIRED MATTER.—The final report of the Commission

shall include the following assessment, reviews, and recommendations:

(A) An assessment of existing and planned facilities

associated with ocean and coastal activities including

human resources, vessels, computers, satellites, and other

appropriate platforms and technologies.

(B) A review of existing and planned ocean and coastal

activities of Federal entities, recommendations for changes

in such activities necessary to improve efficiency and

effectiveness and to reduce duplication of Federal efforts.

(C) A review of the cumulative effect of Federal laws

and regulations on United States ocean and coastal activities and resources and an examination of those laws and

regulations for inconsistencies and contradictions that

might adversely affect those ocean and coastal activities

and resources, and recommendations for resolving such

inconsistencies to the extent practicable. Such review shall

also consider conflicts with State ocean and coastal management regimes.

(D) A review of the known and anticipated supply

of, and demand for, ocean and coastal resources of the

United States.

(E) A review of and recommendations concerning the

relationship between Federal, State, and local governments

and the private sector in planning and carrying out ocean

and coastal activities.

(F) A review of opportunities for the development of

or investment in new products, technologies, or markets

related to ocean and coastal activities.

(G) A review of previous and ongoing State and Federal

efforts to enhance the effectiveness and integration of ocean

and coastal activities.

(H) Recommendations for any modifications to United

States laws, regulations, and the administrative structure

of Executive agencies, necessary to improve the understanding, management, conservation, and use of, and access

to, ocean and coastal resources.

(I) A review of the effectiveness and adequacy of

existing Federal interagency ocean policy coordination
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mechanisms, and recommendations for changing or

improving the effectiveness of such mechanisms necessary

to respond to or implement the recommendations of the

Commission.

(3) CONSIDERATION OF FACTORS.—In making its assessment

and reviews and developing its recommendations, the Commission shall give equal consideration to environmental, technical

feasibility, economic, and scientific factors.

(4) LIMITATIONS.—The recommendations of the Commission

shall not be specific to the lands and waters within a single

State.

(g) PUBLIC AND COASTAL STATE REVIEW.— (1) NOTICE.—Before submitting the final report to the Congress, the Commission shall—

(A) publish in the Federal Register a notice that a

draft report is available for public review; and

(B) provide a copy of the draft report to the Governor

of each coastal State, the Committees on Resources,

Transportation and Infrastructure, and Science of the

House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate.

(2) INCLUSION OF GOVERNORS’ COMMENTS.—The Commission shall include in the final report comments received from

the Governor of a coastal State regarding recommendations

in the draft report.

(h) ADMINISTRATIVE PROCEDURE FOR REPORT AND REVIEW.— Chapter 5 and chapter 7 of title 5, United States Code, do not

apply to the preparation, review, or submission of the report

required by subsection (e) or the review of that report under subsection (f).

(i) TERMINATION.—The Commission shall cease to exist 30 days

after the date on which it submits its final report.

(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section a total of $6,000,000

for the 3 fiscal-year period beginning with fiscal year 2001, such

sums to remain available until expended.

SEC. 4. NATIONAL OCEAN POLICY.

(a) NATIONAL OCEAN POLICY.—Within 120 days after receiving

and considering the report and recommendations of the Commission

under section 3, the President shall submit to Congress a statement

of proposals to implement or respond to the Commission’s recommendations for a coordinated, comprehensive, and long-range

national policy for the responsible use and stewardship of ocean

and coastal resources for the benefit of the United States. Nothing

in this Act authorizes the President to take any administrative

or regulatory action regarding ocean or coastal policy, or to implement a reorganization plan, not otherwise authorized by law in

effect at the time of such action.

(b) COOPERATION AND CONSULTATION.—In the process of developing proposals for submission under subsection (a), the President

shall consult with State and local governments and non-Federal

organizations and individuals involved in ocean and coastal activities.

SEC. 5. BIENNIAL REPORT.

Beginning in September, 2001, the President shall transmit

to the Congress biennially a report that includes a detailed listing
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of all existing Federal programs related to ocean and coastal activities, including a description of each program, the current funding

for the program, linkages to other Federal programs, and a projection of the funding level for the program for each of the next

5 fiscal years beginning after the report is submitted.

SEC. 6. DEFINITIONS.

In this Act:

(1) MARINE ENVIRONMENT.—The term ‘‘marine environment’’ includes—

(A) the oceans, including coastal and offshore waters;

(B) the continental shelf; and

(C) the Great Lakes.

(2) OCEAN AND COASTAL RESOURCE.—The term ‘‘ocean and

coastal resource’’ means any living or non-living natural, historic, or cultural resource found in the marine environment.

(3) COMMISSION.—The term ‘‘Commission’’ means the

Commission on Ocean Policy established by section 3.

SEC. 7. EFFECTIVE DATE.

This Act shall become effective on January 20, 2001.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.