§ 857-19. — Biennial report.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC857-19]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 17--NATIONAL OCEAN SURVEY
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 857-19. 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.
(Pub. L. 106-256, Sec. 5, Aug. 7, 2000, 114 Stat. 648.)
National Ocean Policy
Pub. L. 107-77, title V, Nov. 28, 2001, 115 Stat. 792, as amended by
Pub. L. 107-117, div. B, Sec. 207, Jan. 10, 2002, 115 Stat. 2298,
provided in part: ``That the Commission [on Ocean Policy] shall present
to the Congress within 18 months of the first meeting of the Commission
its recommendations for a national ocean policy.''
Similar provisions were contained in section 3(f)(1) of Pub. L. 106-
256, set out below, and in the following prior appropriation act:
Pub. L. 106-553, Sec. 1(a)(2) [title V], Dec. 21, 2000, 114 Stat.
2762, 2762A-98.
Pub. L. 106-256, Aug. 7, 2000, 114 Stat. 644, as amended by Pub. L.
107-206, title I, Sec. 206, Aug. 2, 2002, 116 Stat. 833; Pub. L. 107-
372, title III, Sec. 306, Dec. 19, 2002, 116 Stat. 3096, provided that:
``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.
``(2) Notice; Minutes; Public Availability of Documents.--
``(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.
``(3) Initial meeting.--The Commission shall hold its first meeting within
30 days after all 16 members have been appointed.
``(4) 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.--By June 20, 2003, 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 90 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 $8,500,000 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 90 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.
``[Enacted this section.]
``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.''
[Pub. L. 107-206, title I, Sec. 206, Aug. 2, 2002, 116 Stat. 833,
which directed the amendment of section (3)(f)(1) of Pub. L. 106-256,
set out above, by striking ``within 18 months of the establishment of
the Commission'' and inserting ``by June 20, 2003'', was executed by
striking ``Within 18 months after the establishment of the Commission''
and inserting ``By June 20, 2003'', to reflect the probable intent of
Congress.]
