Home > 106th Congressional Bills > S. 2327 (rs) To establish a Commission on Ocean Policy, and for other purposes. [Reported in Senate] ...S. 2327 (rs) To establish a Commission on Ocean Policy, and for other purposes. [Reported in Senate] ...
106th CONGRESS
2d Session
S. 2327
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IN THE HOUSE OF REPRESENTATIVES
June 26, 2000
Referred to the Committee on Resources
_______________________________________________________________________
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 and identification of appropriate
opportunities for policy-making 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.
(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.
(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
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
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