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Calendar No. 568
106th CONGRESS
2d Session
S. 2327
[Report No. 106-301]
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
May 23, 2000
Reported by Mr. McCain, without amendment
_______________________________________________________________________
A BILL
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. CONGRESSIONAL FINDINGS; PURPOSE AND OBJECTIVES.
(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 regulating climate, sustain a large part of
Earth's biodiversity, 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 security, and provide a
vital means of transportation. Coastal areas, transition
between land and open ocean, are regions of remarkably high
biological productivity, contribute more than 30 percent of the
Gross Domestic Product, and are of considerable importance 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 biodiversity,
environmental quality, national security, economic
competitiveness, availability of energy, vulnerability 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) conducted a comprehensive examination of
ocean and coastal activities that led to enactment of major
legislation and the establishment of key oceanic and
atmospheric institutions. 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 marine policy and science issues,
including the 1998 ``Year of the Ocean'' reports and the 1999
Report 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
resources, protect the marine environment, explore ocean
frontiers, protect human safety, and create marine technologies
and economic opportunities.
(6) While significant Federal and State ocean and coastal
programs are underway, those Federal programs would benefit
from a coherent and consistent national ocean and coastal
policy that reflects the need for cost-effective allocation of
fiscal resources, improved interagency coordination, and
strengthened partnerships with State, private, and
international entities engaged in ocean and coastal activities.
(b) Purpose and Objectives.--The purpose of this Act is to
establish a 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;
(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;
(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 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) shall give appropriate consideration to reports and
other documents prepared for the 1998 Year of the Ocean, as
well as follow-on reports, including the August 1999 Department
of Transportation Report on the Marine Transportation System
and the September 1999 President's Report on National Ocean
Policy;
(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 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.
(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 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.
(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 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 policy, an
examination of those laws and regulations for
inconsistencies and contradictions that might adversely
affect the conduct of ocean and coastal activities, 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 the relationship between Federal,
State, and local governments and the private sector in
planning and carrying out ocean and coastal activities,
and recommendations 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 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
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