II

106TH CONGRESS

2D SESSION S. 2327

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

IN THE SENATE OF THE UNITED STATES

MARCH 29, 2000

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

BREAUX, Mr. INOUYE, Mr. CLELAND, Mr. WYDEN, Mr. AKAKA, Mrs.

BOXER, Mrs. MURRAY, Mr. LAUTENBERG, Mrs. FEINSTEIN, Mr.

LIEBERMAN, Mr. MOYNIHAN, Mr. REED, Mr. SARBANES, and Mr. SCHUMER) introduced the following bill; which was read twice and referred to

the Committee on Commerce, Science, and Transportation

A BILL

To establish 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 2000’’.

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 regu4 lating climate, sustain a large part of Earth’s bio5 diversity, provide an important source of food and a

6 wealth of other natural products, act as a frontier

7 to scientific exploration, are important for coastal

8 recreation and tourism, are critical to national secu9 rity, and provide a vital means of transportation.

10 Coastal areas, transition between land and open

11 ocean, are regions of remarkably high biological pro12 ductivity, contribute more than 30 percent of the

13 Gross Domestic Product, and are of considerable im14 portance for a variety of activities and uses.

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) It has been more than 30 years since the

2 Commission on Marine Science, Engineering, and

3 Resources (known as the Stratton Commission) con4 ducted a comprehensive examination of ocean and

5 coastal activities that led to enactment of major leg6 islation and the establishment of key oceanic and at7 mospheric institutions. Changes in United States

8 laws and policies since the Stratton Commission

9 have increased the role of the States in the manage10 ment of ocean and coastal resources.

11 (4) In 1998, ‘‘The Year of the Ocean,’’ national

12 attention focused on the value of the oceans to all

13 Americans and resulted in the preparation and

14 issuance of a number of coordinated reports on ma15 rine policy and science issues, including the 1998

16 ‘‘Year of the Ocean’’ reports and the 1999 Report

17 to the President on National Ocean Policy.

18 (5) An independent review of existing activities

19 that builds upon work begun in 1998 is essential to

20 respond to the changes that have occurred over the

21 past three decades and to develop an effective new

22 policy for the twenty-first century to conserve and

23 use, in a sustainable manner, ocean and coastal re24 sources, protect the marine environment, explore
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1 ocean frontiers, protect human safety, and create

2 marine technologies and economic opportunities.

3 (6) While significant Federal and State ocean

4 and coastal programs are underway, those Federal

5 programs would benefit from a coherent and con6 sistent national ocean and coastal policy that reflects

7 the need for cost-effective allocation of fiscal re8 sources, improved interagency coordination, and

9 strengthened partnerships with State, private, and

10 international entities engaged in ocean and coastal

11 activities.

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

13 Act is to establish a coordinated and comprehensive na14 tional ocean policy that will promote—

15 (1) the protection of life and property against

16 natural and manmade hazards;

17 (2) responsible stewardship, including use, of

18 fishery resources and other ocean and coastal re19 sources;

20 (3) the protection of the marine environment

21 and prevention of marine pollution;

22 (4) the enhancement of marine-related com23 merce and transportation, the resolution of conflicts

24 among users of the marine environment, and the en25 gagement of the private sector in innovative ap-
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1 proaches for sustainable use of living marine re2 sources;

3 (5) the expansion of human knowledge of the

4 marine environment including the role of the oceans

5 in climate and global environmental change and the

6 advancement of education and training in fields re7 lated to ocean and coastal activities;

8 (6) the continued investment in and develop9 ment and improvement of the capabilities, perform10 ance, use, and efficiency of technologies for use in

11 ocean and coastal activities;

12 (7) close cooperation among all government

13 agencies and departments and the private sector to

14 ensure—

15 (A) coherent and consistent regulation and

16 management of ocean and coastal activities;

17 (B) availability and appropriate allocation

18 of Federal funding, personnel, facilities, and

19 equipment for such activities;

20 (C) cost-effective and efficient operation of

21 Federal departments, agencies, and programs

22 involved in ocean and coastal activities; and

23 (D) enhancement of partnerships with

24 State and local governments with respect to

25 ocean and coastal activities, including the man-
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1 agement of ocean and coastal resources and

2 identification of appropriate opportunities for

3 policy-making and decision-making at the State

4 and local level; and

5 (8) the preservation of the role of the United

6 States as a leader in ocean and coastal activities,

7 and, when it is in the national interest, the coopera8 tion by the United States with other nations and

9 international organizations in ocean and coastal ac10 tivities.

11 SEC. 3. COMMISSION ON OCEAN POLICY.

12 (a) ESTABLISHMENT.—There is hereby established

13 the Commission on Ocean Policy. The Federal Advisory

14 Committee Act (5 U.S.C. App.), except for sections 3, 7,

15 and 12, does not apply to the Commission.

16 (b) MEMBERSHIP.—

17 (1) APPOINTMENT.—The Commission shall be

18 composed of 16 members appointed by the President

19 from among individuals described in paragraph (2)

20 who are knowledgeable in ocean and coastal activi21 ties, including individuals representing State and

22 local governments, ocean-related industries, aca23 demic and technical institutions, and public interest

24 organizations involved with scientific, regulatory,

25 economic, and environmental ocean and coastal ac-
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1 tivities. The membership of the Commission shall be

2 balanced geographically to the extent consistent with

3 maintaining the highest level of expertise on the

4 Commission.

5 (2) NOMINATIONS.—The President shall ap6 point the members of the Commission, within 90

7 days after the effective date of this Act, including in8 dividuals nominated as follows:

9 (A) 4 members shall be appointed from a

10 list of 8 individuals who shall be nominated by

11 the Majority Leader of the Senate in consulta12 tion with the Chairman of the Senate Com13 mittee on Commerce, Science, and Transpor14 tation.

15 (B) 4 members shall be appointed from a

16 list of 8 individuals who shall be nominated by

17 the Speaker of the House of Representatives in

18 consultation with the Chairmen of the House

19 Committees on Resources, Transportation and

20 Infrastructure, and Science.

21 (C) 2 members shall be appointed from a

22 list of 4 individuals who shall be nominated by

23 the Minority Leader of the Senate in consulta24 tion with the Ranking Member of the Senate
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1 Committee on Commerce, Science, and Trans2 portation.

3 (D) 2 members shall be appointed from a

4 list of 4 individuals who shall be nominated by

5 the Minority Leader of the House in consulta6 tion with the Ranking Members of the House

7 Committees on Resources, Transportation and

8 Infrastructure, and Science.

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

10 Chairman from among its members. The Chairman

11 of the Commission shall be responsible for—

12 (A) the assignment of duties and respon13 sibilities among staff personnel and their con14 tinuing supervision; and

15 (B) the use and expenditure of funds avail16 able to the Commission.

17 (4) VACANCIES.—Any vacancy on the Commis18 sion shall be filled in the same manner as the origi19 nal incumbent was appointed.

20 (c) RESOURCES.—In carrying out its functions under

21 this section, the Commission—

22 (1) shall give appropriate consideration to re23 ports and other documents prepared for the 1998

24 Year of the Ocean, as well as follow-on reports, in25 cluding the August 1999 Department of Transpor-
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1 tation Report on the Marine Transportation System

2 and the September 1999 President’s Report on Na3 tional Ocean Policy;

4 (2) is authorized to secure directly from any

5 Federal agency or department any information it

6 deems necessary to carry out its functions under this

7 Act. Each such agency or department is authorized

8 to cooperate with the Commission and, to the extent

9 permitted by law, to furnish such information to the

10 Commission, upon the request of the Commission;

11 and

12 (3) may enter into contracts, subject to the

13 availability of appropriations for contracting, and

14 employ such staff experts and consultants as may be

15 necessary to carry out the duties of the Commission,

16 as provided by section 3109 of title 5, United States

17 Code.

18 (4) STAFFING.—The Chairman of the Commis19 sion may, without regard to the civil service laws

20 and regulations, appoint and terminate an Executive

21 Director and such other additional personnel as may

22 be necessary for the Commission to perform its du23 ties. The Executive Director shall be compensated at

24 a rate not to exceed the rate payable for Level V of

25 the Executive Schedule under section 5136 of title
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1 5 United States Code. The employment and termi2 nation of an Executive Director shall be subject to

3 confirmation by a majority of the members of the

4 Commission.

5 (d) MEETINGS.—

6 (1) ADMINISTRATION.—All meetings of the

7 Commission shall be open to the public, except that

8 a meeting or any portion of it may be closed to the

9 public if it concerns matters or information de10 scribed in section 552b(c) of title 5, United States

11 Code. Interested persons shall be permitted to ap12 pear at open meetings and present oral or written

13 statements on the subject matter of the meeting.

14 The Commission may administer oaths or affirma15 tions to any person appearing before it.

16 (A) All open meetings of the Commission

17 shall be preceded by timely public notice in the

18 Federal Register of the time, place, and subject

19 of the meeting.

20 (B) Minutes of each meeting shall be kept

21 and shall contain a record of the people present,

22 a description of the discussion that occurred,

23 and copies of all statements filed. Subject to

24 section 552 of title 5, United States Code, the

25 minutes and records of all meetings and other
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1 documents that were made available to or pre2 pared for the Commission shall be available for

3 public inspection and copying at a single loca4 tion in the offices of the Commission.

5 (2) INITIAL MEETING.—The Commission shall

6 hold its first meeting within 30 days after all 16

7 members have been appointed.

8 (3) REQUIRED PUBLIC MEETINGS.—The Com9 mission shall hold at least one public meeting in

10 Alaska and each of the following regions of the

11 United States:

12 (A) The Northeast (including the Great

13 Lakes).

14 (B) The Southeast (including the Carib15 bean).

16 (C) The Southwest (including Hawaii and

17 the Pacific Territories).

18 (D) The Northwest.

19 (E) The Gulf of Mexico.

20 (e) REPORT.—

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

22 establishment of the Commission, the Commission

23 shall submit to Congress and the President a final

24 report of its findings and recommendations regard25 ing United States ocean policy.
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1 (2) REQUIRED MATTER.—The final report of

2 the Commission shall include the following assess3 ment, reviews, and recommendations:

4 (A) An assessment of existing and planned

5 facilities associated with ocean and coastal ac6 tivities including human resources, vessels, com7 puters, satellites, and other appropriate plat8 forms and technologies.

9 (B) A review of existing and planned ocean

10 and coastal activities of Federal entities, rec11 ommendations for changes in such activities

12 necessary to improve efficiency and effective13 ness and to reduce duplication of Federal ef14 forts.

15 (C) A review of the cumulative effect of

16 Federal laws and regulations on United States

17 ocean policy, an examination of those laws and

18 regulations for inconsistencies and contradic19 tions that might adversely affect the conduct of

20 ocean and coastal activities, and recommenda21 tions for resolving such inconsistencies to the

22 extent practicable. Such review shall also con23 sider conflicts with State ocean and coastal

24 management regimes.
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1 (D) A review of the known and anticipated

2 supply of, and demand for, ocean and coastal

3 resources of the United States.

4 (E) A review of the relationship between

5 Federal, State, and local governments and the

6 private sector in planning and carrying out

7 ocean and coastal activities, and recommenda8 tions for enhancing the role of State and local

9 governments if the Commission determines that

10 enhancement of that role is desirable.

11 (F) A review of opportunities for the devel12 opment of or investment in new products, tech13 nologies, or markets related to ocean and coast14 al activities.

15 (G) A review of previous and ongoing State

16 and Federal efforts to enhance the effectiveness

17 and integration of ocean and coastal activities.

18 (H) Recommendations for any modifica19 tions to United States laws, regulations, and

20 the administrative structure of Executive agen21 cies, necessary to improve the understanding,

22 management, conservation, and use of, and ac23 cess to, ocean and coastal resources.

24 (I) A review of the effectiveness and ade25 quacy of existing Federal interagency ocean pol-
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1 icy coordination mechanisms, and recommenda2 tions for changing or improving the effective3 ness of such mechanisms necessary to respond

4 to or implement the recommendations of the

5 Commission.

6 (3) CONSIDERATION OF FACTORS.—In making

7 its assessment and reviews and developing its rec8 ommendations, the Commission shall give equal con9 sideration to environmental, technical, economic, and

10 other relevant factors.

11 (4) LIMITATIONS.—The recommendations of

12 the Commission shall not be specific to the lands

13 and waters within a single State.

14 (f) PUBLIC AND COASTAL STATE REVIEW.—

15 (1) NOTICE.—Before submitting the final re16 port to the Congress, the Commission shall—

17 (A) publish in the Federal Register a no18 tice that a draft report is available for public

19 review; and

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

21 the Governor of each coastal state, the Commit22 tees on Resources, Transportation and Infra23 structure, and Science of the House of Rep24 resentatives, and the Committee on Commerce,

25 Science, and Transportation of the Senate.
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1 (2) INCLUSION OF GOVERNORS’ COMMENTS.—

2 The Commission shall include in the final report

3 comments received from the Governor of a coastal

4 state regarding recommendations in the draft report.

5 (g) ADMINISTRATIVE PROCEDURE FOR REPORT AND

6 REVIEW.—Chapter 5 and chapter 7 of title 5, United

7 States Code, do not apply to the preparation, review, or

8 submission of the report required by subsection (e) or the

9 review of that report under subsection (f).

10 (h) TERMINATION.—The Commission shall cease to

11 exist 30 days after the date on which it submits its final

12 report.

13 (i) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated to carry out this section

15 a total of $6,000,000 for the 3 fiscal-year period beginning

16 with fiscal year 2001, such sums to remain available until

17 expended.

18 SEC. 4. NATIONAL OCEAN POLICY.

19 (a) NATIONAL OCEAN POLICY.—Within 120 days

20 after receiving and considering the report and rec21 ommendations of the Commission under section 3, the

22 President shall submit to Congress a statement of pro23 posals to implement or respond to the Commission’s rec24 ommendations for a coordinated, comprehensive, and long25 range national policy for the responsible use and steward-
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1 ship of ocean and coastal resources for the benefit of the

2 United States. Nothing in this subsection authorizes the

3 President to take any administrative or regulatory action,

4 or to implement a reorganization plan, not otherwise au5 thorized by law in effect at the time of such action.

6 (b) COOPERATION AND CONSULTATION.—In the

7 process of developing proposals for submission under sub8 section (a), the President shall consult with State and

9 local governments and non-Federal organizations and indi10 viduals involved in ocean and coastal activities.

11 SEC. 5. BIENNIAL REPORT.

12 Beginning in January, 2001, the President shall

13 transmit to the Congress biennially a report that includes

14 a detailed listing of all existing Federal programs related

15 to ocean and coastal activities, including a description of

16 each program, the current funding for the program, link17 ages to other Federal programs, and a projection of the

18 funding level for the program for each of the next 5 fiscal

19 years beginning after the report is submitted.

20 SEC. 6. DEFINITIONS.

21 In this Act:

22 (1) COASTAL STATE.—The term ‘‘coastal state’’

23 means a State in, or bordering on, the Atlantic, Pa24 cific, or Arctic Ocean, the Gulf of Mexico, or one or

25 more Great Lakes.
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1 (2) MARINE ENVIRONMENT.—The term ‘‘ma2 rine environment’’ includes—

3 (A) the oceans, including coastal and off4 shore waters;

5 (B) the continental shelf; and

6 (C) the Great Lakes.

7 (3) OCEAN AND COASTAL RESOURCE.—The

8 term ‘‘ocean and coastal resource’’ means any living

9 or non-living natural, historic, or cultural resource

10 found in the marine environment.

11 (4) COMMISSION.—The term ‘‘Commission’’

12 means the Commission on Ocean Policy established

13 by section 3.

14 SEC. 7. EFFECTIVE DATE.

15 This Act shall become effective on December 31,

16 2000.

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