(6) STATE.—The term ‘‘State’’ means any
State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Is-
lands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and any other ter-
ritory or possession of the United States.
SEC. 3. EXECUTIVE RESPONSIBILITIES.
(a) NATIONAL OCEAN AND COASTAL POLICY.—The
Congress and the President, after receiving and consider-
ing the report of the Commission under section 4, shall
develop and propose 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, including a plan to meet the resource
monitoring and assessment facilities and equipment re-
quirements of Federal ocean and coastal programs.
(b) BIENNIAL
REPORT.—Beginning in January
1999, the President shall transmit to the Congress bienni-
ally a report that shall include a detailed listing of all ex-
isting Federal programs relating to ocean and coastal ac-
tivities, including a description of each program, the cur-
rent 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 de-
partment involved in ocean and coastal activities shall in-
clude with its annual request for appropriations a report
that identifies significant elements of the proposed agency
or department budget relating to ocean and coastal activi-
ties.
(d) COOPERATION AND CONSULTATION.—In carrying
out responsibilities under this Act, the President—
(1) may use such staff, interagency, and advi-
sory arrangements as the President finds necessary
and appropriate; and
(2) shall consult with State and local govern-
ments and non-Federal organizations and individuals
involved in ocean and coastal activities.
SEC. 4. 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 Presi-
dent from among individuals who are knowledgeable
in ocean and coastal activities, including individuals
representing State and local governments, ocean-re-
lated industries, academic and technical institutions,
and public interest organizations involved with sci-
entific, 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 ap-
pointed under this paragraph—
(i) 4 shall be appointed from a list of 8 in-
dividuals who shall be recommended by the ma-
jority 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 in-
dividuals who shall be recommended by the
Speaker of the House of Representatives in con-
sultation with the Chairmen of the Committee
on Resources, Transportation and Infrastruc-
ture, 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 Com-
mittee on Commerce, Science, and Transpor-
tation; and
(iv) 2 shall be appointed from a list of 4
individuals who shall be recommended by the by
the minority leader of the House of Representa-
tives in consultation with the ranking members
of the Committees on Resources, Transpor-
tation 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 es-
tablished.
(4) CHAIRMAN.—The Commission shall elect
one of its members as Chair.
(b) REPORT.—
(1) IN GENERAL.—The Commission shall sub-
mit 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 pol-
icy.
(2) PUBLIC AND STATE REVIEW.—Before sub-
mitting the final report to the Congress, the Com-
mission shall—
(A) publish in the Federal Register a no-
tice 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 Com-
mittees on Resources, Transportation and In-
frastructure, and Science of the House of Rep-
resentatives, 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 modifica-
tions to United States laws and regulations,
and the administrative structure of the Execu-
tive agencies, that are necessary to improve the
understanding, management, and conservation
and use of, and access to, ocean and coastal re-
sources.
(B) An assessment of the condition and
adequacy of existing and planned facilities asso-
ciated with ocean and coastal activities, includ-
ing human resources, vessels, computers, sat-
ellites, and other appropriate platforms and
technologies, and recommendations for invest-
ments 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 ef-
forts.
(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 contradic-
tions that might adversely affect the conduct of
ocean and coastal activities, and recommenda-
tions for resolving any such inconsistencies. In
particular, this portion of the report shall in-
clude an examination of the relationship be-
tween 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 re-
sources 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 recommenda-
tions for enhancing the role of State and local
governments.
(G) A review of opportunities for the devel-
opment of or investment in new products, tech-
nologies, or markets related to ocean and coast-
al 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 near-
shore saltwater estuaries.
(4) STATE COMMENTS.—The Commission shall
include in the final report comments received from
the Governor of any coastal State regarding rec-
ommendations 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 rec-
ommendations, 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 rea-
sonable case for unbiased consideration by the Com-
mission. 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.
(6) LIMITATION ON RECOMMENDATIONS.—The
Commission shall not make any specific rec-
ommendations with respect to lands and waters
within the boundary of any State located north of 51
degrees North latitude, or with respect to lands and
waters within the State of Idaho.
(c) DUTIES OF THE CHAIR.—In carrying out the pro-
visions of this section, the Chair of the Commission shall
be responsible for—
(1) the assignment of duties and responsibilities
among staff personnel and their continuing super-
vision; 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 Com-
mission, receive reimbursement of travel expenses, includ-
ing per diem in lieu of subsistence as authorized for per-
sons employed intermittently in the Government service
under section 3109 of title 5, United States Code.
(e) STAFF.—
(1) EXECUTIVE DIRECTOR.—The Chair of the
Commission may, with the consent of the Commis-
sion and without regard to the civil service laws and
regulations, appoint and terminate an executive di-
rector who is knowledgeable in administrative man-
agement 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 Chairman
may fix the compensation of other personnel without
regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and Gen-
eral 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 Chair
of the Commission made after consulting with the
head of any Federal agencies responsible for manag-
ing ocean and coastal resources, the head of any
such Federal agency may detail appropriate person-
nel 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 ex-
tent 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 ex-
ceed 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 Commis-
sion shall be open to the public, except that a meet-
ing 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. Inter-
ested 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.—(A) Min-
utes 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 state-
ments filed. Subject to restrictions set forth in sec-
tion 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.
(B) The Commission shall have at least one
meeting in each of the following 6 geographic re-
gions of the United States:
(i) The Northeast.
(ii) The Southeast.
(iii) The Southwest.
(iv) The Northwest.
(v) The Great Lakes States.
(vi) The Gulf of Mexico States.
(g) COOPERATION WITH OTHER FEDERAL ENTI-
TIES.—
(1) OTHER FEDERAL AGENCIES AND DEPART-
MENTS.—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 ex-
tent permitted by law, furnish such information to
the Commission, upon the request of the Chair 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.