[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3445 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3445

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 1998

Mr. Saxton (for himself, Mr. Gilchrest, and Mr. Bilbray) introduced the 
    following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To establish the 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 1998''.

SEC. 2. FINDINGS.

    The Congress finds that the understanding, use, and protection of 
ocean and coastal resources and the marine environment are critical to 
the economy, national security, and environmental quality of the United 
States.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) The term ``Commission'' means the Commission on Ocean 
        Policy.
            (2) The term ``marine environment'' includes--
                    (A) the oceans, including coastal and offshore 
                waters and the adjacent shore lands;
                    (B) the continental shelf; and
                    (C) the Great Lakes.
            (3) The term ``ocean and coastal activities'' includes 
        activities consisting of, affecting, or otherwise related to 
        oceanography, fisheries, or the management or use of any ocean 
        and coastal resource.
            (4) The term ``ocean and coastal resource'' means any 
        living or nonliving natural, historic, or cultural resource 
        found in the marine environment.
            (5) The term ``oceanography'' means scientific exploration, 
        including marine scientific research, engineering, mapping, 
        surveying, monitoring, assessment, and information management 
        of the oceans, coasts, and Great Lakes.

SEC. 4. EXECUTIVE RESPONSIBILITIES.

    (a) National Ocean and Coastal Policy.--
            (1) In general.--The President, after receiving the report 
        of the Commission under section 5, shall develop and maintain a 
        coordinated, comprehensive, and long-range national policy with 
        respect to ocean and coastal activities, including a plan to 
        meet the infrastructure requirements of Federal ocean and 
        coastal programs.
            (2) Content and objectives.--The policy shall take into 
        account the findings and recommendations contained in the 
        report of the Commission under section 5, and shall be designed 
        to achieve the following objectives:
                    (A) The expansion of human knowledge of the marine 
                environment and ocean and coastal resources.
                    (B) The responsible and economically beneficial use 
                and stewardship of ocean and coastal resources.
                    (C) The protection of ocean and coastal resources 
                and the marine environment and the prevention of marine 
                pollution.
                    (D) The protection of life and property against 
                natural and manmade hazards.
                    (E) The development and improvement of technologies 
                for use in ocean and coastal activities.
                    (F) Consistency and cooperation between Federal 
                departments and agencies and State and local 
                governments involved in ocean and coastal activities.
                    (G) 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.
    (b) Budget Coordination.--
            (1) Biennial report.--Beginning in January 1999, the 
        President shall transmit to the Congress biennially a report on 
        the relationship between Federal programs and the achievement 
        of the objectives set forth in subsection (a)(2). The report 
        shall include the following:
                    (A) A detailed listing of all existing Federal 
                programs relating to ocean and coastal activities, 
                including a description of each program, the current 
                funding for the program, and a projection of the 
                funding level for the program for each of the following 
                5 fiscal years.
                    (B) An evaluation of whether or not each of those 
                programs is contributing to the achievement of the 
                objectives set forth in subsection (a)(2).
            (2) Budget coordination.--Each agency or department 
        involved in ocean and coastal activities shall include with its 
        annual request for appropriations a report that--
                    (A) identifies significant elements of the proposed 
                agency or department budget relating to ocean and 
                coastal activities; and
                    (B) specifies how each such element contributes to 
                the implementation of the national ocean and coastal 
                policy maintained under subsection (a).
    (c) Cooperation and Consultation.--In carrying out responsibilities 
under this Act, the President may use such staff, interagency, and 
advisory arrangements as the President finds necessary and appropriate 
and shall consult with non-Federal organizations and individuals 
involved in ocean and coastal activities.

SEC. 5. COMMISSION ON OCEAN POLICY.

    (a) Establishment.--
            (1) In general.--The President shall, within 90 days after 
        the date of the enactment of this Act, establish a Commission 
        on Ocean Policy. The Commission shall be composed of 16 members 
        who are knowledgeable in ocean and coastal activities, 
        including individuals drawn from State and local governments, 
        industry, academic and technical institutions, and public 
        interest organizations involved with ocean and coastal 
        activities. Members shall be appointed for the life of the 
        Commission as follows:
                    (A) 4 shall be appointed by the President of the 
                United States.
                    (B) 4 shall be appointed by the President chosen 
                from a list of 8 proposed members submitted by the 
                Majority Leader of the Senate in consultation with the 
                Chairman of the Senate Committee on Commerce, Science, 
                and Transportation.
                    (C) 4 shall be appointed by the President chosen 
                from a list of 8 proposed members submitted by the 
                Speaker of the House of Representatives in consultation 
                with the Chairman of each of the Committee on 
                Resources, the Committee on Science, and the Committee 
                on Transportation and Infrastructure of the House of 
                Representatives.
                    (D) 2 shall be appointed by the President chosen 
                from a list of 4 proposed members submitted by the 
                Minority Leader of the Senate in consultation with the 
                Ranking Member of the Senate Committee on Commerce, 
                Science, and Transportation.
                    (E) 2 shall be appointed by the President chosen 
                from a list of 4 proposed members submitted by the 
                Minority Leader of the House of Representatives in 
                consultation with the Ranking Member of each of the 
                Committee on Resources, the Committee on Science, and 
                the Committee on Transportation and Infrastructure of 
                the House of Representatives.
            (2) First meeting.--The Commission shall hold its first 
        meeting within 30 days after it is established.
            (3) Chairman.--The Commission shall elect one of its 
        members as Chairman.
            (4) Advisory members.--(A) In addition to the members of 
        the Commission appointed under paragraph (1), the Commission 
        shall have advisory members who are Members of Congress. Of the 
        advisory members--
                    (i) one shall be appointed by the Speaker of the 
                House of Representatives;
                    (ii) one shall be appointed by the Minority Leader 
                of the House of Representatives;
                    (iii) one shall be appointed by the Majority Leader 
                of the Senate; and
                    (iv) one shall be appointed by the Minority Leader 
                of the Senate.
                    (B) The advisory members shall not participate, 
                except in an advisory capacity, in the formulation of 
                the findings and recommendations of the Commission.
    (b) Report.--The Commission shall submit to the President and the 
Congress, by not later than 18 months after the date of the 
establishment of the Commission, a final report of its findings and 
recommendations. The report shall include the following:
            (1) Recommendations for a national ocean and coastal policy 
        to achieve the objectives set forth in section 4(a)(2).
            (2) Recommendations for any modifications to United States 
        laws and regulations necessary to define and implement such 
        policy.
            (3) An assessment of the condition and adequacy of existing 
        and planned facilities associated with ocean and coastal 
        activities, including human resources, vessels, computers, 
        satellites, and other appropriate platforms and technologies, 
        and recommendations for investments and improvements in 
        facilities necessary to carry out such policy.
            (4) A review of existing and planned ocean and coastal 
        activities of Federal entities, and recommendations for changes 
        in such activities necessary to reduce duplication of Federal 
        efforts and achieve the objectives set forth in section 
        4(a)(2).
            (5) A review of the cumulative effect of Federal laws and 
        regulations on achievement of the objectives set forth in 
        section 4(a)(2), an examination of those laws and regulations 
        for inconsistencies and contradictions that might adversely 
        affect achievement of those objectives, and recommendations for 
        resolving any such inconsistencies. In particular, this portion 
        of the report shall include an examination of the relationship 
        between the fisheries development and fisheries conservation 
        responsibilities of the National Marine Fisheries Service.
            (6) A review of the known and anticipated supply of and 
        demand for ocean and coastal resources of the United States.
            (7) 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 the most appropriate division of responsibility for such 
        activities.
            (8) A review of opportunities for the development of or 
        investment in new products, technologies, or markets that could 
        contribute to achievement of the objectives set forth in 
        section 4(a)(2).
            (9) Any other matters relating to the marine environment, 
        ocean and coastal resources, or ocean and coastal activities 
        that the Commission considers appropriate.
    (c) Duties of Chairman.--In carrying out the provisions of this 
section, the Chairman of the Commission shall be responsible for--
            (1) the assignment of duties and responsibilities among 
        staff personnel and their continuing supervision; and
            (2) the use and expenditures of funds available to the 
        Commission.
    (d) Compensation.--Members of the Commission appointed from outside 
the Government shall, when engaged in the actual performance of duties 
of the Commission, receive reimbursement of travel expenses, including 
per diem in lieu of subsistence as authorized for persons employed 
intermittently in the Government service under section 3109 of title 5, 
United States Code. Members of the Commission appointed from within the 
Government shall serve without additional compensation to that received 
for their services to the Government, but shall be reimbursed for 
travel expenses, including per diem in lieu of subsistence.
    (e) Staff.--
            (1) Executive director.--The Chairman of the Commission 
        may, without regard to the civil service laws and regulations, 
        appoint and terminate an executive director who is 
        knowledgeable in administrative management and ocean and 
        coastal policy and such other additional personnel as may be 
        necessary to enable the Commission to perform its duties.
            (2) Compensation.--The executive director shall be 
        compensated at a rate not to exceed the rate payable for Level 
        V of the Executive Schedule under section 5316 of title 5, 
        United States Code. The Chairman may fix the compensation of 
        other personnel without regard to the provisions of chapter 51 
        and subchapter III of chapter 53 of title 5, United States 
        Code, relating to classification of positions and General 
        Schedule pay rates, except that the rate of pay for such 
        personnel may not exceed the rate payable for GS-15, step 7, of 
        the General Schedule under section 5332 of such title.
            (3) Detailees.--Upon a request of the Chairman of the 
        Commission made after consulting with the head of the Federal 
        agency concerned, the head of any Federal agency shall detail 
        appropriate personnel of the agency to the Commission to assist 
        the Commission in carrying out its functions under this Act. 
        Federal Government employees detailed to the Commission shall 
        serve without reimbursement from the Commission, and such 
        detailee shall retain the rights, status, and privileges of his 
        or her regular employment without interruption.
            (4) Volunteers.--The Commission may accept and use the 
        services of volunteers serving without compensation, and may 
        reimburse volunteers for travel expenses, including per diem in 
        lieu of subsistence, as authorized by section 5703 of title 5, 
        United States Code. Except for the purposes of chapter 81 of 
        title 5, United States Code, relating to compensation for work 
        injuries, and chapter 171 of title 28, United States Code, 
        relating to tort claims, a volunteer under this section may not 
        be considered to be an employee of the United States for any 
        purpose.
            (5) Experts and consultants.--To the extent that funds are 
        available, and subject to such rules as may be prescribed by 
        the Commission, the executive director of the Commission may 
        procure the temporary and intermittent services of experts and 
        consultants in accordance with section 3109 of title 5, United 
        States Code, but at rates not to exceed the daily rate payable 
        for GS-15, step 7, of the General Schedule under section 5332 
        of title 5, United States Code.
    (f) Administration.--
            (1) Meetings.--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 of meetings.--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.
            (3) Minutes and other records.--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.
            (4) Relationship to other law.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) does not apply to the Commission.
    (g) Cooperation With Other Federal Entities.--
            (1) Other federal agencies and departments.--The Commission 
        may secure directly from any Federal agency or department any 
        information it considers necessary to carry out its functions 
        under this Act. Each such agency or department may cooperate 
        with the Commission and, to the extent permitted by law, to 
        furnish such information to the Commission, upon the request of 
        the Chairman of the Commission.
            (2) Mails.--The Commission may use the United States mails 
        in the same manner and under the same conditions as other 
        departments and agencies of the United States.
            (3) Administrative support services.--The Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis any administrative support services that the 
        Commission requests.
            (4) Acquisitions.--The Commission may enter into contracts 
        with Federal and State agencies, private firms, institutions, 
        and individuals to assist the Commission in carrying out its 
        duties. The Commission may purchase and contract without regard 
        to sections 303 of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 253), section 18 of the Office 
        of Federal Procurement Policy Act (41 U.S.C. 416), and section 
        8 of the Small Business Act (15 U.S.C. 637), pertaining to 
        competition and publication requirements, and may arrange for 
        printing without regard to the provisions of title 44, United 
        States Code. The contracting authority of the Commission under 
        this Act is effective only to the extent that appropriations 
        are available for contracting purposes.
    (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 support the activities of the Commission a total of 
$1,000,000 for fiscal year 1998, $2,000,000 for fiscal year 1999, and 
$1,000,000 for fiscal year 2000. Any sums appropriated may remain 
available without fiscal year limitation until the Commission ceases to 
exist.

SEC. 6. REPEAL.

    The Act entitled ``An Act to provide for a comprehensive, long-
range, and coordinated national program in marine science, to establish 
a National Council on Marine Resources and Engineering Development, and 
a Commission on Marine Science, Engineering, and Resources, and for 
other purposes'' (Public Law 89-454; 80 Stat. 203) is amended--
            (1) by striking sections 1 through 9 (33 U.S.C. 1101-1108); 
        and
            (2) by striking the heading for title I.
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