I
106TH CONGRESS
2D SESSION
H. R. 4410
To establish a Commission on Ocean Policy, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 9, 2000
Mr. SAXTON (for himself, Mr. FARR of California, and Mr. GREENWOOD) in-
troduced the following bill; which was referred to the Committee on Re-
sources
A BILL
To establish a Commission on Ocean Policy, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives 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. CONGRESSIONAL FINDINGS; PURPOSE AND OBJEC-
TIVES.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Covering more than two-thirds of the
Earth’s surface, the oceans and Great Lakes play a
critical role in the global water cycle and in regu-
lating climate, sustain a large part of Earth’s bio-
diversity, provide an important source of food and a
wealth of other natural products, act as a frontier
to scientific exploration, are important for coastal
recreation and tourism, are critical to national secu-
rity, and provide a vital means of transportation.
Coastal areas, transition between land and open
ocean, are regions of remarkably high biological pro-
ductivity, contribute more than 30 percent of the
Gross Domestic Product, and are of considerable im-
portance for a variety of activities and uses.
(2) Ocean and coastal resources are susceptible
to change as a direct and indirect result of human
activities, and such changes can significantly impact
the ability of the oceans and Great Lakes to provide
the benefits upon which the Nation depends.
Changes in ocean and coastal processes could affect
global climate patterns, marine productivity and bio-
diversity, environmental quality, national security,
economic competitiveness, availability of energy, vul-
nerability to natural hazards, and transportation
safety and efficiency.
(3) It has been more than 30 years since the
Commission on Marine Science, Engineering, and
Resources (known as the Stratton Commission) con-
ducted a comprehensive examination of ocean and
coastal activities that led to enactment of major leg-
islation and the establishment of key oceanic institu-
tions. Changes in United States laws and policies
since the Stratton Commission have increased the
role of the States in the management of ocean and
coastal resources.
(4) In 1998, ‘‘The Year of the Ocean,’’ national
attention focused on the value of the oceans to all
Americans and resulted in the preparation and
issuance of a number of coordinated reports on ma-
rine policy and oceanographic issues, including the
1998 ‘‘Year of the Ocean’’ reports and the 1999 Re-
port to the President on National Ocean Policy.
(5) An independent review of existing activities
that builds upon work begun in 1998 is essential to
respond to the changes that have occurred over the
past three decades and to develop an effective new
policy for the twenty-first century to conserve and
use, in a sustainable manner, ocean and coastal re-
sources, protect the marine environment, explore
ocean frontiers, protect human safety, and create
marine technologies and economic opportunities.
(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 coopera-
tion by the United States with other nations and
international organizations in ocean and coastal ac-
tivities.
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 activi-
ties, including individuals representing State and
local governments, ocean-related industries, aca-
demic and technical institutions, and public interest
organizations involved with oceanographic, regu-
latory, economic, and environmental ocean and
coastal activities. The membership of the Commis-
sion shall be balanced geographically to the extent
consistent with maintaining the highest level of ex-
pertise on the Commission.
(2) NOMINATIONS.—The President shall ap-
point the members of the Commission, within 90
days after the effective date of this Act, including in-
dividuals 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 consulta-
tion with the Chairman of the Senate Com-
mittee on Commerce, Science, and Transpor-
tation.
(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 Chairman of the House
Committee on Resources.
(C) 2 members shall be appointed from a
list of 4 individuals who shall be nominated by
the Minority Leader of the Senate in consulta-
tion with the Ranking Member of the Senate
Committee on Commerce, Science, and Trans-
portation.
(D) 2 members shall be appointed from a
list of 4 individuals who shall be nominated by
the Minority Leader of the House in consulta-
tion with the Chairman and ranking minority
member of the House Committee on Resources.
(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 respon-
sibilities among staff personnel and their con-
tinuing supervision; and
(B) the use and expenditure of funds avail-
able to the Commission.
(4) VACANCIES.—Any vacancy on the Commis-
sion shall be filled in the same manner as the origi-
nal incumbent was appointed.
(c) RESOURCES.—In carrying out its functions under
this section, the Commission—
(1) shall give appropriate consideration to re-
ports and other documents prepared for the 1998
Year of the Ocean;
(2) is authorized to secure directly from any
Federal agency or department any information it
deems necessary to carry out its functions under this
Act. Each such agency or department is authorized
to cooperate with the Commission and, to the extent
permitted by law, to furnish such information to the
Commission, upon the request of the Commission;
and
(3) 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.
(4) STAFFING.—The Chairman of the Commis-
sion 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 du-
ties. 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 termi-
nation of an Executive Director shall be subject to
confirmation by a majority of the members of the
Commission.
(d) 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 de-
scribed in section 552b(c) of title 5, United States
Code. Interested persons shall be permitted to ap-
pear at open meetings and present oral or written
statements on the subject matter of the meeting.
The Commission may administer oaths or affirma-
tions 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 pre-
pared for the Commission shall be available for
public inspection and copying at a single loca-
tion in the offices of the Commission.
(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 Com-
mission 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 Carib-
bean).
(C) The Southwest (including Hawaii and
the Pacific Territories).
(D) The Northwest.
(E) The Gulf of Mexico.
(e) 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 regard-
ing United States ocean policy.
(2) REQUIRED MATTER.—The final report of
the Commission shall include the following assess-
ment, reviews, and recommendations:
(A) An assessment of existing and planned
facilities associated with ocean and coastal ac-
tivities including human resources, vessels, com-
puters, satellites, and other appropriate plat-
forms and technologies.
(B) A review of existing and planned ocean
and coastal activities of Federal entities, rec-
ommendations for changes in such activities
necessary to improve efficiency and effective-
ness and to reduce duplication of Federal ef-
forts.
(C) A review of the cumulative effect of
Federal laws and regulations on United States
ocean policy, an examination of those laws and
regulations for inconsistencies and contradic-
tions that might adversely affect the conduct of
ocean and coastal activities, and recommenda-
tions for resolving such inconsistencies to the
extent practicable. Such review shall also con-
sider 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 the relationship between
Federal, State, and local governments and the
private sector in planning and carrying out
ocean and coastal activities, and recommenda-
tions for enhancing the role of State and local
governments if the Commission determines that
enhancement of that role is desirable.
(F) A review of opportunities for the devel-
opment of or investment in new products, tech-
nologies, or markets related to ocean and coast-
al 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 modifica-
tions to United States laws, regulations, and
the administrative structure of Executive agen-
cies, necessary to improve the understanding,
management, conservation, and use of, and ac-
cess to, ocean and coastal resources.
(I) A review of the effectiveness and ade-
quacy of existing Federal interagency ocean pol-
icy coordination mechanisms, and recommenda-
tions for changing or improving the effective-
ness 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 rec-
ommendations, the Commission shall give equal con-
sideration to environmental, technical, economic, and
other relevant factors.
(4) LIMITATIONS.—The recommendations of
the Commission shall not be specific to the lands
and waters within a single State.
(f) PUBLIC AND COASTAL STATE REVIEW.—
(1) NOTICE.—Before submitting the final re-
port to the Congress, the Commission shall—
(A) publish in the Federal Register a no-
tice 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 Com-
mittee on Resources of the House of Represent-
atives, 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.
(g) 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).
(h) TERMINATION.—The Commission shall cease to
exist 30 days after the date on which it submits its final
report.
(i) 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 rec-
ommendations of the Commission under section 3, the
President shall submit to Congress a statement of pro-
posals to implement or respond to the Commission’s rec-
ommendations for a coordinated, comprehensive, and long-
range national policy for the responsible use and steward-
ship of ocean and coastal resources for the benefit of the
United States. Nothing in this subsection authorizes the
President to take any administrative or regulatory action,
or to implement a reorganization plan, not otherwise au-
thorized by law in effect at the time of such action.
(b) COOPERATION
AND
CONSULTATION.—In the
process of developing proposals for submission under sub-
section (a), the President shall consult with State and
local governments and non-Federal organizations and indi-
viduals involved in ocean and coastal activities.
SEC. 5. BIENNIAL REPORT.
Beginning in January, 2001, the President shall
transmit to the Congress biennially a report that includes
a detailed listing of all existing Federal programs related
to ocean and coastal activities, including a description of
each program, the current funding for the program, link-
ages 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) COASTAL STATE.—The term ‘‘coastal state’’
means a State in, or bordering on, the Atlantic, Pa-
cific, or Arctic Ocean, the Gulf of Mexico, or one or
more Great Lakes.
(2) MARINE
ENVIRONMENT.—The term ‘‘ma-
rine environment’’ includes—
(A) the oceans, including coastal and off-
shore waters;
(B) the continental shelf; and
(C) the Great Lakes.
(3) 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.
(4) COMMISSION.—The term ‘‘Commission’’
means the Commission on Ocean Policy established
by section 3.
SEC. 7. EFFECTIVE DATE.
This Act shall become effective on December 31,
2000.
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