[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2327 Enrolled Bill (ENR)]

        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 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 
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 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.