10 U.S.C. § 8932 — Ocean Policy Committee

Page 3420 TITLE 10—ARMED FORCES § 8932 and industry. These entities often have similar re- quirements for research facilities, data, and other re- sources (such as oceanographic research vessels). ‘‘(5) The need exists for a formal mechanism to co- ordinate existing partnerships and establish new partnerships for the sharing of resources, intellectual talent, and facilities in the ocean sciences and edu- cation, so that optimal use can be made of this most important natural resource for the well-being of all Americans.’’ § 8932. Ocean Policy Committee (a) COMMITTEE.—There is established an Ocean Policy Committee (hereinafter referred to as the ‘‘Committee’’). The Committee shall retain broad and inclusive membership. (b) RESPONSIBILITIES.—The Committee shall— (1) continue the activities of that Committee as it was in existence on the day before the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021; (2) engage and collaborate, pursuant to ex- isting laws and regulations, with stakeholders, including regional ocean partnerships, to ad- dress ocean-related matters that may require interagency or intergovernmental solutions; (3) facilitate coordination and integration of Federal activities in ocean and coastal waters to inform ocean policy and identify priority ocean research, technology, and data needs; (4) prescribe policies and procedures to im- plement the National Oceanographic Partner- ship Program, including developing guidelines for review, selection, identification, and ap- proval of partnership projects, in conjunction with Federal agencies participating in the pro- gram, for implementation under the program, based on— (A) whether the project addresses impor- tant research objectives or operational goals; (B) whether the project has, or is designed to have, appropriate participation or support from public, academic, commercial, and pri- vate entities within the oceanographic com- munity; (C) whether the partners have a long-term commitment to the objectives of the project; (D) whether the resources supporting the project are shared among the partners; (E) whether the project has been subjected to adequate scientific and technical merit review according to each participating agen- cy; and (F) the approval of such guidelines by a consensus of the members of the Committee; and (5) for projects under the purview of the Committee, establish or designate one or more systems for ocean-related and ocean-mapping- related documents prepared under the Na- tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), in accordance with sub- section (h). (c) SUBCOMMITTEES.—(1) The Committee shall include— (A) a subcommittee to be known as the ‘‘Ocean Science and Technology Sub- committee’’; and (B) a subcommittee to be known as the ‘‘Ocean Resource Management Sub- committee’’. (2) In discharging its responsibilities in sup- port of agreed-upon scientific needs, and to as- sist in the execution of the responsibilities de- scribed in subsection (b), the Committee may delegate responsibilities to the Ocean Science and Technology Subcommittee, the Ocean Re- source Management Subcommittee, or another subcommittee of the Committee, as the Com- mittee determines appropriate. (d) ANNUAL REPORT AND BRIEFING.—(1) Not later than March 1 of each year, the Committee shall— (A) make publicly available on an appro- priate website a report on the National Ocean- ographic Partnership Program; and (B) provide to the appropriate congressional committees a briefing on the contents of the report. (2) Not later than 30 days after providing a briefing under paragraph (1)(B), the Committee shall make publicly available on an appropriate website the briefing materials covered by the briefing. (3) Each report and briefing shall include the following: (A) A description of activities of the Na- tional Oceanographic Partnership Program carried out during the fiscal year preceding the fiscal year during which the report is pub- lished. (B) A general outline of the activities planned for the program during the fiscal year during which the report is published. (C) A summary of projects, partnerships, and collaborations, including the Federal and non- Federal sources of funding, continued from the fiscal year preceding the fiscal year during which the report is published and projects ex- pected to begin during the fiscal year during which the report is published and any subse- quent fiscal year, as required under subsection (e)(4)(C). (D) The amounts requested in the budget submitted to Congress pursuant to section 1105(a) of title 31 for the fiscal year following the fiscal year during which the report is pub- lished, for the programs, projects, activities and the estimated expenditures under such programs, projects, and activities, to execute the National Oceanographic Partnership Pro- gram. (E) A summary of national ocean research priorities informed by the Ocean Research Ad- visory Panel, as required under section 8933(b)(4) of this title. (F) A list of the members of the Ocean Re- search Advisory Panel established under sec- tion 8933(a) of this title and any working groups described in subsection (e)(4)(A) in ex- istence during the fiscal years covered by the report. (e) PARTNERSHIP PROGRAM OFFICE.—(1) The Secretary of the Navy and Administrator of the National Oceanic and Atmospheric Administra- tion shall jointly establish a partnership pro- gram office for the National Oceanographic Partnership Program. (2) The Secretary of the Navy and Adminis- trator of the National Oceanic and Atmospheric Administration shall use competitive procedures Page 3421 TITLE 10—ARMED FORCES § 8932 to select a non-Government entity to manage the partnership program office. (3) The Committee shall monitor the manage- ment of the partnership program office. (4) The partnership program office shall per- form the following duties: (A) Supporting working groups established by the Committee or subcommittee and re- porting to the Committee and to any Federal agency that has contributed amounts to the National Oceanographic Partnership Program on the activities of such working groups, in- cluding the proposals of such working groups for partnership projects. (B) Supporting the process for proposing partnership projects to the Committee and to the agencies referred to in subparagraph (A), including, where appropriate, managing re- view of such projects. (C) Submitting to the appropriate congres- sional committees, and making publicly avail- able, an annual report on the status of all partnership projects, including the Federal and non-Federal sources of funding for each project, and activities of the office. (D) Performing such additional duties for the administration of the National Oceano- graphic Partnership Program that the Com- mittee and the agencies referred to in subpara- graph (A) consider appropriate. (f) CONTRACT AND GRANT AUTHORITY.—The Committee may authorize one or more of the de- partments or agencies represented on the Com- mittee to enter into contracts and make grants, using funds appropriated pursuant to an author- ization of appropriations for the National Oceanographic Partnership Program, for the purpose of implementing the program and car- rying out the responsibilities of the Committee. (g) ESTABLISHMENT AND FORMS OF PARTNER- SHIP PROJECTS.—(1) A partnership project under the National Oceanographic Partnership Pro- gram may be established by any instrument that the Committee considers appropriate, in- cluding a memorandum of understanding, a co- operative research and development agreement, and any similar instrument. (2) Projects under the program may include demonstration projects. (h) ELEMENTS OF DOCUMENT SYSTEM.—The sys- tems established or designated under subsection (b)(5) may include the following: (1) A publicly accessible, centralized digital archive of documents described in subsection (b)(5) that are finalized after the date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, including— (A) environmental impact statements; (B) environmental assessments; (C) records of decision; and (D) other relevant documents as deter- mined by the lead agency on a project. (2) Geospatially referenced data, if any, con- tained in the documents under paragraph (1). (3) A mechanism to retrieve information through geo-information tools that can map and integrate relevant geospatial information, such as— (A) Ocean Report Tools; (B) the Environmental Studies Program Information System; (C) Regional Ocean Partnerships; and (D) the Integrated Ocean Observing Sys- tem. (4) Appropriate safeguards on the public ac- cessibility of data to protect national security equities. (i) APPROPRIATE CONGRESSIONAL COMMIT- TEES.—In this section, the term ‘‘appropriate congressional committees’’ means— (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Armed Services of the Senate; (3) the Committee on Appropriations of the Senate; (4) the Committee on Natural Resources of the House of Representatives; (5) the Committee on Science, Space, and Technology of the House of Representatives; (6) the Committee on Armed Services of the House of Representatives; and (7) the Committee on Appropriations of the House of Representatives. (Added Pub. L. 104–201, div. A, title II, § 282(a)(1), Sept. 23, 1996, 110 Stat. 2470, § 7902; amended Pub. L. 105–85, div. A, title II, § 241(a), title X, § 1073(a)(64), Nov. 18, 1997, 111 Stat. 1665, 1903; Pub. L. 106–65, div. A, title X, § 1066(a)(30), Oct. 5, 1999, 113 Stat. 772; Pub. L. 107–296, title XVII, § 1713, Nov. 25, 2002, 116 Stat. 2320; renumbered § 8932, Pub. L. 115–232, div. A, title VIII, § 807(d)(14), Aug. 13, 2018, 132 Stat. 1837; Pub. L. 116–283, div. A, title X, § 1055(b)(1), (2)(A), Jan. 1, 2021, 134 Stat. 3851–3853; Pub. L. 117–263, div. J, title CIII, § 10303, Dec. 23, 2022, 136 Stat. 3967.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, referred to in subsec. (b)(1), is the date of enactment of Pub. L. 116–283, which was approved Jan. 1, 2021. The National Environmental Policy Act of 1969, re- ferred to in subsec. (b)(5), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, referred to in subsec. (h)(1), is the date of enact- ment of Pub. L. 117–263, which was approved Dec. 23, 2022. AMENDMENTS 2022—Subsec. (b)(5). Pub. L. 117–263, § 10303(b)(1), added par. (5). Subsec. (c). Pub. L. 117–263, § 10303(a), amended subsec. (c) generally. Prior to amendment, text read as follows: ‘‘In discharging its responsibilities in support of agreed-upon scientific needs, and to assist in the execu- tion of the responsibilities described in subsection (b), the Committee may delegate responsibilities to a sub- committee of the Committee, as the Committee deter- mines appropriate.’’ Subsecs. (h), (i). Pub. L. 117–263, § 10303(b)(2), added subsec. (h) and redesignated former subsec. (h) as (i). 2021—Pub. L. 116–283, § 1055(b)(2)(A), substituted ‘‘Ocean Policy Committee’’ for ‘‘National Ocean Re- search Leadership Council’’ in section catchline. Page 3422 TITLE 10—ARMED FORCES § 8933 Subsecs. (a) to (e). Pub. L. 116–283, § 1055(b)(1)(A), (B), added subsecs. (a) to (e) and struck out former subsecs. (a) to (e) which related to establishment, membership, chairman and vice chairman, responsibilities, and an- nual reports of the National Ocean Research Leader- ship Council. Subsec. (f). Pub. L. 116–283, § 1055(b)(1)(A), (C), (D), re- designated subsec. (g) as (f), substituted ‘‘Committee’’ for ‘‘Council’’ wherever appearing, and struck out former subsec. (f) which related to establishment of a partnership program office for the National Oceano- graphic Partnership Program. Subsec. (g). Pub. L. 116–283, § 1055(b)(1)(C), (D), redes- ignated subsec. (h) as (g) and substituted ‘‘Committee’’ for ‘‘Council’’. Former subsec. (g) redesignated (f). Subsec. (h). Pub. L. 116–283, § 1055(b)(1)(E), added sub- sec. (h). Former subsec. (h) redesignated (g). 2018—Pub. L. 115–232 renumbered section 7902 of this title as this section. 2002—Subsec. (b)(13), (14). Pub. L. 107–296 added pars. (13) and (14). 1999—Subsec. (e)(5). Pub. L. 106–65 struck out ‘‘, United States Code,’’ after ‘‘title 31’’. 1997—Subsec. (b)(8). Pub. L. 105–85, § 1073(a)(64), in- serted ‘‘United States’’ before ‘‘Geological Survey’’. Subsec. (b)(11) to (13). Pub. L. 105–85, § 241(a)(1), redes- ignated pars. (12) and (13) as (11) and (12), respectively, and struck out former par. (11) which read as follows: ‘‘The President of the National Academy of Sciences, the President of the National Academy of Engineering, and the President of the Institute of Medicine.’’ Subsec. (b)(14) to (17). Pub. L. 105–85, § 241(a)(1)(A), struck out pars. (14) to (17) which read as follows: ‘‘(14) One member appointed by the chairman from among individuals who will represent the views of ocean industries. ‘‘(15) One member appointed by the chairman from among individuals who will represent the views of State governments. ‘‘(16) One member appointed by the chairman from among individuals who will represent the views of aca- demia. ‘‘(17) One member appointed by the chairman from among individuals who will represent such other views as the chairman considers appropriate.’’ Subsecs. (d) to (i). Pub. L. 105–85, § 241(a)(2), (3), redes- ignated subsecs. (e) to (i) as (d) to (h), respectively, and struck out former subsec. (d) which read as follows: ‘‘(d) TERM OF OFFICE.—The term of office of a member of the Council appointed under paragraph (14), (15), (16), or (17) of subsection (b) shall be two years, except that any person appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–85, div. A, title II, § 241(d), Nov. 18, 1997, 111 Stat. 1666, provided that: ‘‘The amendments made by subsections (a) and (b) [amending this section, section 7903 of this title, and provisions set out as a note under section 7903 of this title] shall be effective as of Sep- tember 23, 1996, as if included in section 282 of Public Law 104–201.’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. The Minerals Management Service was abolished and functions divided among the Office of Natural Re- sources Revenue, the Bureau of Ocean Energy Manage- ment, and the Bureau of Safety and Environmental En- forcement. See Secretary of the Interior Orders No. 3299 of May 19, 2010, and No. 3302 of June 18, 2010, and chap- ters II, V, and XII of title 30, Code of Federal Regula- tions, as revised by final rules of the Department of the Interior at 75 F.R. 61051 and 76 F.R. 64432. INITIAL APPOINTMENTS OF COUNCIL MEMBERS Pub. L. 104–201, div. A, title II, § 282(b), Sept. 23, 1996, 110 Stat. 2473, directed Secretary of the Navy to make appointments required by subsec. (b) of this section, not later than Dec. 1, 1996, prior to repeal by Pub. L. 105–85, div. A, title II, § 241(c)(1), Nov. 18, 1997, 111 Stat. 1666. FIRST ANNUAL REPORT OF COUNCIL Pub. L. 104–201, div. A, title II, § 282(c), formerly § 282(d), Sept. 23, 1996, 110 Stat. 2473, as renumbered by Pub. L. 105–85, div. A, title II, § 241(c)(2), Nov. 18, 1997, 111 Stat. 1666, provided that the first annual report re- quired by former subsec. (f) of this section was to be submitted to Congress not later than Mar. 1, 1997. § 8933. Ocean Research Advisory Panel (a) ESTABLISHMENT.—(1) The Ocean Policy Committee shall establish an Ocean Research Advisory Panel (in this section referred to as the ‘‘Advisory Panel’’). The Advisory Panel shall consist of not fewer than 10 and not more than 18 members appointed by the co-chairs of the Committee, including each of the following: (A) Three members who represent the Na- tional Academies of Sciences, Engineering, and Medicine. (B) Members selected from among individ- uals who represent the views of ocean indus- tries, State, tribal, territorial or local govern- ments, academia, and such other views as the co-chairs consider appropriate. (C) Members selected from among individ- uals eminent in the fields of marine science, marine technology, and marine policy, or re- lated fields. (2) The Committee shall ensure that an appro- priate balance of academic, scientific, industry, and geographical interests and gender and racial diversity are represented by the members of the Advisory Panel. (b) RESPONSIBILITIES.—The Committee shall assign the following responsibilities to the Advi- sory Panel: (1) To advise the Committee on policies and procedures to implement the National Oceano- graphic Partnership Program. (2) To advise the Committee on matters re- lating to national oceanographic science, engi- neering, facilities, or resource requirements. (3) To advise the Committee on improving diversity, equity, and inclusion in the ocean sciences and related fields.