[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2327 Reported in Senate (RS)]






                                                       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 
                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, 
        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 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.
    (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 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 subsection authorizes 
the President to take any administrative or regulatory action, 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 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, 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) Coastal state.--The term ``coastal state'' means a 
        State in, or bordering on, the Atlantic, Pacific, or Arctic 
        Ocean, the Gulf of Mexico, or one or more Great Lakes.
            (2) Marine environment.--The term ``marine environment'' 
        includes--
                    (A) the oceans, including coastal and offshore 
                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.
                                                       Calendar No. 568

106th CONGRESS

  2d Session

                                S. 2327

                          [Report No. 106-301]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              May 23, 2000

                       Reported without amendment