[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3892 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 3892

 To amend the Marine Protection, Research, and Sanctuaries Act of 1972 
to transfer to a Commission on Dredge Material Policy the authority to 
issue permits for transportation of dredged material for the purpose of 
                     dumping it into ocean waters.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2000

 Mr. Pallone introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend the Marine Protection, Research, and Sanctuaries Act of 1972 
to transfer to a Commission on Dredge Material Policy the authority to 
issue permits for transportation of dredged material for the purpose of 
                     dumping it into ocean waters.

    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 ``Safe and Healthy Oceanic Recovery 
and Enhancement Act''.

SEC. 2. TRANSFER OF AUTHORITY TO ISSUE PERMITS FOR TRANSPORTATION OF 
              DREDGED MATERIAL FOR OCEAN DUMPING.

    (a) Transfer.--The authority under section 103 of the Marine 
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) to 
issue permits for transportation of dredged material for the purpose of 
dumping it into ocean waters is transferred from the Secretary of the 
Army to the Commission on Dredge Material Policy established by the 
amendment made by section 3 of this Act (in this section referred to as 
the ``Commission'').
    (b) References.--Any reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or pertaining to a department or office from which authority is 
transferred by this section to the head of such department or office, 
or to such department or office, is deemed to refer to the Commission.
    (c) Exercise of Authorities.--Except as otherwise provided by law, 
the Commission may, for purposes of performing the authority 
transferred by this section, exercise all authorities under any other 
provision of law that were available with respect to the exercise of 
that authority to the Secretary of the Army immediately before the 
effective date of the transfer of the function under this section.
    (d) Savings Provisions.--
            (1) Legal documents.--All orders, determinations, rules, 
        regulations, permits, grants, loans, contracts, agreements, 
        certificates, licenses, and privileges--
                    (A) that have been issued, made, granted, or 
                allowed to become effective by the Secretary of the 
                Army or any other Government official, or by a court of 
                competent jurisdiction, in the exercise of any 
                authority that is transferred by this section, and
                    (B) that are in effect on the effective date of 
                such transfer (or become effective after such date 
                pursuant to their terms as in effect on such effective 
                date),
        shall continue in effect according to their terms until 
        modified, terminated, superseded, set aside, or revoked in 
        accordance with law by the President, the Commission, a court 
        of competent jurisdiction, or operation of law.
            (2) Proceedings.--This section shall not affect any 
        proceedings or any application for any benefits, service, 
        license, permit, certificate, or financial assistance pending 
        on the date of the enactment of this Act with respect to any 
        authority transferred by this section, but such proceedings and 
        applications shall be continued. Orders shall be issued in such 
        proceedings, appeals shall be taken therefrom, and payments 
        shall be made pursuant to such orders, as if this section had 
        not been enacted, and orders issued in any such proceeding 
        shall continue in effect until modified, terminated, 
        superseded, or revoked by a duly authorized official, by a 
        court of competent jurisdiction, or by operation of law. 
        Nothing in this paragraph shall be considered to prohibit the 
        discontinuance or modification of any such proceeding under the 
        same terms and conditions and to the same extent that such 
        proceeding could have been discontinued or modified if this 
        section had not been enacted.
            (3) Suits.--This section shall not affect suits commenced 
        before the date of the enactment of this Act, and in all such 
        suits, proceeding shall be had, appeals taken, and judgments 
        rendered in the same manner and with the same effect as if this 
        section had not been enacted.
            (4) Nonabatement of actions.--No suit, action, or other 
        proceeding commenced by or against any individual in the 
        official capacity of such individual as an officer or employee 
        responsible for exercising an authority transferred by this 
        section, shall abate by reason of the enactment of this Act.
            (5) Continuance of suits.--If any Government officer in the 
        official capacity of such officer is party to a suit with 
        respect to a function of the officer, and under this section 
        the authority to perform such function is transferred to any 
        other officer or office, then such suit shall be continued with 
        the other officer or the head of such other office, as 
        applicable, substituted or added as a party.
            (6) Administrative procedure and judicial review.--Except 
        as otherwise provided by this Act, any statutory requirements 
        relating to notice, hearings, action upon the record, or 
        administrative or judicial review that apply to the exercise of 
        any authority transferred by this section shall apply to the 
        exercise of such authority by the Commission.
    (e) Transfer of Assets.--Except as otherwise provided in this Act, 
so much of the personnel, property, records, and unexpended balances of 
appropriations, allocations, and other funds employed, used, held, 
available, or to be made available in connection with an authority 
transferred to the Commission by this section shall be available to the 
Commission at such time or times as the Director of the Office of 
Management and Budget directs for use in connection with the 
authorities transferred.
    (f) Delegation and Assignment.--Except as otherwise expressly 
prohibited by law or otherwise provided in this Act, the Commission may 
delegate any of the authorities transferred to the Commission by this 
section to such officers and employees of the Commission as the 
Commission may designate, and may authorize successive redelegations of 
such authority as may be necessary or appropriate. No delegation of 
functions under this subsection or under any other provision of this 
Act shall relieve the Commission of responsibility for the 
administration of the authority.
    (g) Authority of Director of the Office of Management and Budget 
With Respect to Functions Transferred.--
            (1) Determinations.--If necessary, the Director of the 
        Office of Management and Budget shall make any determination of 
        the authority that are transferred under this section.
            (2) Incidental transfers.--The Director of the Office of 
        Management and Budget, at such time or times as the Director 
        shall provide, may make such determinations as may be necessary 
        with regard to the authority transferred by this section, and 
        may make such additional incidental dispositions of personnel, 
        assets, liabilities, grants, contracts, property, records, and 
        unexpended balances of appropriations, authorizations, 
        allocations, and other funds held, used, arising from, 
        available to, or to be made available in connection with such 
        authority as may be necessary to carry out the provisions of 
        this Act. The Director shall provide for the termination of the 
        affairs of all entities terminated pursuant to this Act and for 
        such further measures and dispositions as may be necessary to 
        effectuate this Act.
    (h) Availability of Existing Funds.--Existing appropriations and 
funds available for the performance of functions, programs, and 
activities terminated pursuant to this Act shall remain available, for 
the duration of their period of availability, for necessary expenses in 
connection with the termination and resolution of such functions, 
programs, and activities.
    (i) Conforming Amendments.--The Marine Protection, Research, and 
Sanctuaries Act of 1972 (33 U.S.C. 1413) is amended--
            (1) in section 3 (33 U.S.C. 1402) by adding at the end the 
        following:
    ``(n) The term `Commission' means the Commission on Dredge Material 
Policy established by title IV.'';
            (2) in title I by striking ``Secretary'' each place it 
        appears in reference to the Secretary of the Army, other than 
        in section 106(d)(2)(C) (33 U.S.C. 1416(d)(2)(C)), and 
        inserting ``Commission'';
            (3) in section 103 (33 U.S.C. 1413) by striking the section 
        heading and inserting the following:

          ``permits for transportation of dredged material'';

        and
            (4) in section 106(d)(2)(C) (33 U.S.C. 1416(d)(2)(C)) by 
        striking ``Secretary of the Army'' and inserting 
        ``Commission''.

SEC. 3. ESTABLISHMENT OF COMMISSION ON DREDGE MATERIAL POLICY.

    The Marine Protection, Research, and Sanctuaries Act of 1972 (33 
U.S.C. 1401 et seq.) is amended by adding at the end the following:

           ``TITLE IV--COMMISSION ON DREDGED MATERIAL POLICY

``SEC. 401. ESTABLISHMENT.

    ``There is established a commission to be known as the `Commission 
on Dredged Material Policy'.

``SEC. 402. DUTIES OF COMMISSION.

    ``The Commission shall carry out the duties of the Commission under 
title I of this Act.

``SEC. 403. MEMBERSHIP.

    ``(a) Number and Appointment.--
            ``(1) In general.--The Commission shall be composed of 16 
        members appointed by the President by and with the advice and 
        consent of the Senate, from among individuals who are 
        knowledgeable in ocean and dredging 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 dredging 
        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) Recommendations.--Of the members of the Commission 
        appointed under this subsection--
                    ``(A) 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 Committee on Commerce, Science, and 
                Transportation of the Senate;
                    ``(B) 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 Committees on Resources, Transportation 
                and Infrastructure, and Science of the House;
                    ``(C) 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 
                minority party member of the Committee on Commerce, 
                Science, and Transportation of the Senate; and
                    ``(D) 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 minority party members of the 
                Committees on Resources, Transportation and 
                Infrastructure, and Science of the House.
    ``(b) Terms.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), each member shall be appointed for a term of 4 years.
            ``(2) Terms of initial appointees.--As designated by the 
        President at the time of appointment, of the members first 
        appointed--
                    ``(A) 4 shall be appointed for a term of 3 years; 
                and
                    ``(B) 2 shall be appointed for a term of 2 years.
            ``(3) Vacancies.--Any member appointed to fill a vacancy 
        occurring before the expiration of the term for which the 
        member's predecessor was appointed shall be appointed only for 
        the remainder of that term. A member may serve after the 
        expiration of that member's term until a successor has taken 
        office. A vacancy in the Commission shall be filled in the 
        manner in which the original appointment was made.
    ``(c) Basic Pay.--Members of the Commission shall each be entitled 
to receive the daily equivalent of the minimum annual rate of basic pay 
payable for grade GS-4 of the General Schedule for each day (including 
travel time) during which they are engaged in the actual performance of 
duties vested in the Commission.
    ``(d) Travel Expenses.--Each member shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code.
    ``(e) Quorum.--A majority of the members of the Commission shall 
constitute a quorum but a lesser number may hold hearings.
    ``(f) Chairperson.--The Chairperson of the Commission shall be 
elected by the members of the Commission. The term of office of the 
Chairperson shall be 2 years.
    ``(g) Meetings.--The Commission shall meet at the call of the 
Chairperson or a majority of its members, except that the first meeting 
of the Commission shall occur not later than 30 days after the 
completion of appointment of its members.

``SEC. 404. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    ``(a) Staff.--With the approval of the Chairperson, the Chairperson 
may appoint and fix the pay of personnel as the Chairperson considers 
appropriate.
    ``(c) Staff of Federal Agencies.--Upon request of the Chairperson, 
the head of any Federal department or agency may detail, on a 
reimbursable basis, any of the personnel of that department or agency 
to the Commission to assist it in carrying out its duties under this 
Act.

``SEC. 405. POWERS OF COMMISSION.

    ``(a) Hearings and Sessions.--The Commission may, for the purpose 
of carrying out this Act, hold hearings, sit and act at times and 
places, take testimony, and receive evidence as the Commission 
considers appropriate.
    ``(b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized to take by this section.
    ``(c) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information 
necessary to enable it to carry out this Act. Upon request of the 
Chairperson of the Commission, the head of that department or agency 
shall furnish that information to the Commission.
    ``(d) 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.
    ``(e) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this Act.
    ``(f) Contract Authority.--The Commission may contract with and 
compensate government and private agencies or persons for supplies and 
services.''.
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