I
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 Con-
necticut, 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. THOMP-
SON 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 Representa-
tives 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 Atlan-
tic, 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 ‘‘ma-
rine environment’’ includes—
(A) the oceans, including coastal and off-
shore 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 activi-
ties 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 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. 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, com-
prehensive, and long-range national policy with re-
spect 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, accom-
plishments, and infrastructure requirements;
(B) plan and implement an integrated and
cost-effective program of ocean and coastal ac-
tivities including, but not limited to, oceanog-
raphy, stewardship of ocean and coastal re-
sources, protection of the marine environment,
maritime transportation safety and efficiency,
marine recreation and tourism, and marine as-
pects of weather, climate, and natural hazards;
(C) designate responsibility for funding
and conducting ocean and coastal activities; and
(D) ensure cooperation and resolve dif-
ferences arising from laws and regulations ap-
plicable to ocean and coastal activities which re-
sult in conflicts among participants in such ac-
tivities.
(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. 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 Foun-
dation;
(10) the Director of the Office of Science and
Technology Policy;
(11) the Chairman of the Council on Environ-
mental 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 CHAIR-
PERSON.—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 Coun-
cil 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 sec-
retary shall be appointed by the Chairperson of the
Council, with the approval of the Council. The exec-
utive 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 pur-
poses 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 employ-
ees detailed to the Council.
(c) FUNCTIONS.—The Council shall—
(1) assist the Commission in completing its re-
port under section 5;
(2) serve as the forum for developing an imple-
mentation plan for a national ocean and coastal pol-
icy and program, taking into consideration the Com-
mission report;
(3) improve coordination and cooperation, and
eliminate duplication, among Federal agencies and
departments with respect to ocean and coastal activi-
ties; 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
RESPONSIBIL-
ITIES.—Council activities are not intended to super-
sede or interfere with other Executive Branch mech-
anisms 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 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
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 es-
tablished.
(4) CHAIRPERSON.—The Commission shall elect
one of its members as Chairperson of the Commis-
sion.
(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.
(c) DUTIES OF THE CHAIRPERSON.—In carrying out
the provisions of this section, the Chairperson of the Com-
mission 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 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 exec-
utive 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 Chair-
person may fix the compensation of other personnel
without regard to the provisions of chapter 51 and