[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2425 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2425

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 1, 1999

 Mr. Farr of California (for himself, Mr. Greenwood, Ms. Woolsey, Mr. 
  Gilchrest, Mr. Blumenauer, Mrs. Capps, Mrs. Johnson of Connecticut, 
   Mrs. Morella, Mr. Kennedy of Rhode Island, Ms. Pelosi, Mr. George 
 Miller of California, Mr. Abercrombie, Mr. Olver, Mrs. Tauscher, Mr. 
  DeFazio, Mr. Pallone, Mr. Delahunt, Mr. Thompson of California, Mr. 
 Romero-Barcelo, Mrs. Mink of Hawaii, Ms. Eshoo, Mr. Faleomavaega, Mr. 
   Gutierrez, Mr. Underwood, Mr. Lantos, Mr. Ortiz, Mr. Pickett, Mr. 
 Bilbray, Mr. Meehan, Mr. Markey, Mr. Baird, Ms. Hooley of Oregon, Mr. 
 Houghton, Mrs. Kelly, Ms. Lofgren, Ms. Waters, Mr. Kasich, Mr. Hoyer, 
  Mr. Moran of Virginia, and Ms. Schakowsky) 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 1999''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Commission.--The term ``Commission'' means the 
        Commission on Ocean Policy established under section 5.
            (2) Coastal state.--The term ``coastal State'' means a 
        State in, or bordering on, the Atlantic, Pacific, or Arctic 
        Ocean, the Gulf of Mexico, Long Island Sound, or one or more of 
        the Great Lakes.
            (3) Council.--The term ``Council'' means the National Ocean 
        Council established under section 4.
            (4) Marine environment.--The term ``marine environment'' 
        includes--
                    (A) the oceans, including coastal and offshore 
                waters and nearshore saltwater estuaries;
                    (B) the continental shelf; and
                    (C) the Great Lakes.
            (5) Ocean and coastal activities.--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. The 
        term does not include military operations and training.
            (6) Ocean and coastal resource.--The term ``ocean and 
        coastal resource'' means any living or nonliving natural, 
        historic, or cultural resource or mineral found in the marine 
        environment.
            (7) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        territory or possession of the United States.

SEC. 3. NATIONAL OCEAN AND COASTAL POLICY.

    (a) Executive Responsibilities.--The President, with the assistance 
of the Council and the advice of the Commission, shall--
            (1) develop and maintain a coordinated, comprehensive, and 
        long-range national policy with respect to ocean and coastal 
        activities consistent with obligations of the United States 
        under international law; and
            (2) with regard to Federal agencies and departments--
                    (A) review significant ocean and coastal 
                activities, including plans, priorities, 
                accomplishments, and infrastructure requirements;
                    (B) plan and implement an integrated and cost-
                effective program of ocean and coastal activities 
                including, but not limited to, oceanography, 
                stewardship of ocean and coastal resources, protection 
                of the marine environment, maritime transportation 
                safety and efficiency, marine recreation and tourism, 
                and marine aspects of weather, climate, and natural 
                hazards;
                    (C) designate responsibility for funding and 
                conducting ocean and coastal activities; and
                    (D) ensure cooperation and resolve differences 
                arising from laws and regulations applicable to ocean 
                and coastal activities which result in conflicts among 
                participants in such activities.
    (b) Biennial Report.--Beginning in January 1999, the President 
shall transmit to the Congress biennially a report that shall include 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.
    (c) Budget Coordination.--Each agency or department involved in 
ocean and coastal activities shall include with its annual request for 
appropriations a report that identifies significant elements of the 
proposed agency or department budget relating to ocean and coastal 
activities.
    (d) Cooperation and Consultation.--In carrying out responsibilities 
under this Act, the President--
            (1) may use such staff, interagency, and advisory 
        arrangements as the President finds necessary and appropriate; 
        and
            (2) shall consult with State and local governments and non-
        Federal organizations and individuals involved in ocean and 
        coastal activities.

SEC. 4. NATIONAL OCEAN COUNCIL.

    (a) Establishment.--The President shall establish a National Ocean 
Council and appoint a Chairperson of the Council from among its 
members. The Council shall consist of--
            (1) the President;
            (2) the Secretary of Commerce;
            (3) the Secretary of Defense;
            (4) the Secretary of State;
            (5) the Secretary of Transportation;
            (6) the Secretary of the Interior;
            (7) the Attorney General;
            (8) the Administrator of the Environmental Protection 
        Agency;
            (9) the Director of the National Science Foundation;
            (10) the Director of the Office of Science and Technology 
        Policy;
            (11) the Chairman of the Council on Environmental Quality;
            (12) the Chairman of the Council of Economic Advisers;
            (13) the Director of the Office of Management and Budget; 
        and
            (14) such other Federal officers and officials as the 
        President considers appropriate.
    (b) Administration.--
            (1) Absence or unavailability of chairperson.--The 
        President or the Chairperson of the Council may from time to 
        time designate one of the members of the Council to preside 
        over meetings of the Council during the absence or 
        unavailability of such Chairperson.
            (2) Alternates.--Each member of the Council may designate 
        an officer of his or her agency or department appointed with 
        the advice and consent of the Senate to serve on the Council as 
        an alternate in the event of the unavoidable absence of such 
        member.
            (3) Executive secretary.--An executive secretary shall be 
        appointed by the Chairperson of the Council, with the approval 
        of the Council. The executive secretary shall be a permanent 
        employee of one of the agencies or departments represented on 
        the Council and shall remain in the employ of such agency or 
        department.
            (4) Federal agency assistance.--For the purpose of carrying 
        out the functions of the Council, each Federal agency or 
        department represented on the Council shall furnish necessary 
        assistance to the Council. Such assistance may include--
                    (A) detailing employees to the Council to perform 
                such functions, consistent with the purposes of this 
                section, as the Chairperson of the Council may assign 
                to them; and
                    (B) undertaking, upon request of the Chairperson of 
                the Council, such special studies for the Council as 
                are necessary to carry out its functions.
            (5) Decisions regarding detailees.--The Chairperson of the 
        Council shall have the authority to make personnel decisions 
        regarding any employees detailed to the Council.
    (c) Functions.--The Council shall--
            (1) assist the Commission in completing its report under 
        section 5;
            (2) serve as the forum for developing an implementation 
        plan for a national ocean and coastal policy and program, 
        taking into consideration the Commission report;
            (3) improve coordination and cooperation, and eliminate 
        duplication, among Federal agencies and departments with 
        respect to ocean and coastal activities; and
            (4) assist the President in the preparation of the first 
        report required by section 3(a).
    (d) Sunset.--The Council shall cease to exist one year after the 
Commission has submitted its final report under section 5.
    (e) Savings Provision.--
            (1) Other mechanisms and responsibilities.--Council 
        activities are not intended to supersede or interfere with 
        other Executive Branch mechanisms and responsibilities.
            (2) Officers and agencies.--Nothing in this Act has any 
        effect on the authority or responsibility of any Federal 
        officer or agency under any other Federal law.

SEC. 5. COMMISSION ON OCEAN POLICY.

    (a) Establishment.--
            (1) In general.--There is hereby established the Commission 
        on Ocean Policy.
            (2) Membership.--(A) The Commission shall be composed of 16 
        members appointed by the President from among individuals 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.
            (B) Of the members of the Commission appointed under this 
        paragraph--
                    (i) 4 shall be appointed from a list of 8 
                individuals who shall be recommended by the majority 
                leader of the Senate in consultation with the Chairman 
                of the Senate Committee on Commerce, Science, and 
                Transportation;
                    (ii) 4 shall be appointed from a list of 8 
                individuals who shall be recommended by the Speaker of 
                the House of Representatives in consultation with the 
                Chairmen of the Committee on Resources, Transportation 
                and Infrastructure, and Science;
                    (iii) 2 shall be appointed from a list of 4 
                individuals who shall be recommended by the minority 
                leader of the Senate in consultation with the ranking 
                member of the Senate Committee on Commerce, Science, 
                and Transportation; and
                    (iv) 2 shall be appointed from a list of 4 
                individuals who shall be recommended by the minority 
                leader of the House of Representatives in consultation 
                with the ranking members of the Committees on 
                Resources, Transportation and Infrastructure, and 
                Science.
            (C) The members of the Commission shall be appointed for 
        the life of the Commission by not later than 90 days after the 
        date of the enactment of this Act.
            (3) First meeting.--The Commission shall hold its first 
        meeting within 30 days after it is established.
            (4) Chairperson.--The Commission shall elect one of its 
        members as Chairperson of the Commission.
    (b) Report.--
            (1) In general.--The Commission shall submit to the 
        Congress and the President, by not later than 18 months after 
        the date of the establishment of the Commission, a final report 
        of its findings and recommendations regarding United States 
        ocean policy.
            (2) Public and state review.--Before submitting the final 
        report to the Congress, the Commission shall--
                    (A) publish in the Federal Register a notice that 
                the 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.
            (3) Final report contents, generally.--Subject to paragraph 
        (4), the final report of the Commission shall include 
        recommendations for the responsible use and stewardship of 
        ocean and coastal resources, including the following:
                    (A) Recommendations for any modifications to United 
                States laws and regulations, and the administrative 
                structure of the Executive agencies, that are necessary 
                to improve the understanding, management, and 
                conservation and use of, and access to, ocean and 
                coastal resources.
                    (B) 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 those facilities.
                    (C) 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.
                    (D) 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 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.
                    (E) A review of the known and anticipated supply of 
                and demand for ocean and coastal resources of the 
                United States.
                    (F) 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.
                    (G) A review of opportunities for the development 
                of or investment in new products, technologies, or 
                markets related to ocean and coastal activities.
                    (H) A review of previous and ongoing State efforts 
                and Federal efforts to enhance the effectiveness and 
                integration of ocean activities, including those 
                occurring offshore and in nearshore saltwater 
                estuaries.
            (4) State comments.--The Commission shall include in the 
        final report comments received from the Governor of any coastal 
        State regarding recommendations in the draft report that apply 
        to areas within the boundaries of that coastal State.
            (5) Consideration of factors.--In making its assessments 
        and reviews and developing its recommendations, the Commission 
        shall give full and balanced consideration to environmental, 
        technical, economic, and other relevant factors, with an equal 
        opportunity for all parties to present a fair and reasonable 
        case for unbiased consideration by the Commission. All 
        recommendations should consider effects on private property. To 
        the greatest extent possible, no recommendations shall have a 
        negative impact on local economies that are dependent on ocean 
        and coastal resources. Any data used by the Commission in 
        making its recommendations for regulations shall be peer 
        reviewed.
    (c) Duties of the Chairperson.--In carrying out the provisions of 
this section, the Chairperson 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 shall, subject to the 
availability of appropriations, 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.
    (e) Staff.--
            (1) Executive director.--The Chairperson of the Commission 
        may, with the consent of the Commission and 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, subject to 
        the availability of appropriations, 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 
        Chairperson 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 Chairperson of the 
        Commission made after consulting with the head of any Federal 
        agencies responsible for managing ocean and coastal resources, 
        the head of any such Federal agency may 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 shall 
        retain the rights, status, and privileges of his or her regular 
        employment without interruption.
            (4) 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 written statements or oral statements at 
        the discretion of the Commission 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, including 
        notice in the Federal Register, of the time, place, and subject 
        of the meeting.
            (3) Minutes and other records.--Minutes of each meeting of 
        the Commission 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 restrictions set 
        forth in 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) Meeting locations.--The Commission shall have at least 
        one meeting in each of the following 6 geographic regions of 
        the United States:
                    (A) The Northeast.
                    (B) The Southeast.
                    (C) The Southwest.
                    (D) The Northwest.
                    (E) The Great Lakes States.
                    (F) The Gulf of Mexico States.
            (5) Federal advisory committee act.--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, 
        furnish such information to the Commission, upon the request of 
        the Chairperson of the Commission.
            (2) Mails.--The Commission may use the United States mails 
        in the same manner and under the same conditions as departments 
        and agencies of the United States.
            (3) 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 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 up 
to $6,000,000 for fiscal years 2001 and 2002. Any sums appropriated may 
remain available without fiscal year limitation until the Commission 
ceases to exist.
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