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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oceans Act of 1998''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Commission.--The term ``Commission'' means the 
        Commission on Ocean Policy established under section 4.
            (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) 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.
            (4) 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.
            (5) 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.
            (6) 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. EXECUTIVE RESPONSIBILITIES.

    (a) National Ocean and Coastal Policy.--The Congress and the 
President, after receiving and considering 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 requirements of Federal ocean and 
coastal programs.
    (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. 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 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) Chairman.--The Commission shall elect one of its 
        members as Chair.
    (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.
            (6) Limitation on recommendations.--The Commission shall 
        not make any specific recommendations 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 provisions 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 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 Chair 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 
        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 Chair 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.--(A) 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 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.
            (B) The Commission shall have at least one meeting in each 
        of the following 6 geographic regions 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 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 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.
            (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 $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.

            Passed the House of Representatives September 15, 1998.

            Attest:

                                                                 Clerk.
Oceans Act of 1998 - Requires that the Congress and the President, after considering the Commission report under this Act, develop a coordinated, comprehensive, and long-range national policy for the 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 requirements of Federal ocean and coastal programs.  Mandates a biennial report by the President to the Congress listing all existing Federal programs relating to ocean and coastal activities.  Requires each agency or department involved in ocean and coastal activities to include with its annual appropriations request a report identifying elements of its budget relating to ocean and coastal activities. 
Establishes the Commission on Ocean Policy and requires it to report to the Congress and the President regarding U.S. ocean policy. Requires opening the draft report for public comment before submitting the final report.  Prohibits Commission recommendations regarding lands and waters within:  (1) the boundary of any State north of 51 degrees North latitude; or (2) the State of Idaho.  Terminates the Commission after submission of its final report.  Authorizes appropriations.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secret Service Protective Privilege 
Act of 1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) The physical safety of the Nation's top elected 
        officials is a public good of transcendent importance.
            (2) By virtue of the critical importance of the Office of 
        the President, the President and those in direct line of the 
        Presidency are subject to unique and mortal jeopardy--jeopardy 
        that in turn threatens profound disruption to our system of 
        representative government and to the security and future of the 
        Nation.
            (3) The physical safety of visiting heads of foreign states 
        and foreign governments is also a matter of paramount 
        importance. The assassination of such a person while on 
        American soil could have calamitous consequences for our 
        foreign relations and national security.
            (4) Given these grave concerns, Congress has provided for 
        the Secret Service to protect the President and those in direct 
        line of the Presidency, and has directed that these officials 
        may not waive such protection. Congress has also provided for 
        the Secret Service to protect visiting heads of foreign states 
        and foreign governments.
            (5) The protective strategy of the Secret Service depends 
        critically on the ability of its personnel to maintain close 
        and unremitting physical proximity to the protectee.
            (6) Secret Service personnel must remain at the side of the 
        protectee on occasions of confidential conversations and, as a 
        result, may overhear top secret discussions, diplomatic 
        exchanges, sensitive conversations, and matters of personal 
        privacy.
            (7) The necessary level of proximity can be maintained only 
        in an atmosphere of complete trust and confidence between the 
        protectee and his or her protectors.
            (8) If a protectee has reason to doubt the confidentiality 
        of actions or conversations taken in sight or hearing of Secret 
        Service personnel, the protectee may seek to push the 
        protective envelope away or undermine it to the point at which 
        it could no longer be fully effective.
            (9) The possibility that Secret Service personnel might be 
        compelled to testify against their protectees could induce 
        foreign nations to refuse Secret Service protection in future 
        state visits, making it impossible for the Secret Service to 
        fulfill its important statutory mission of protecting the life 
        and safety of foreign dignitaries.
            (10) A privilege protecting information acquired by Secret 
        Service personnel while performing their protective function in 
        physical proximity to a protectee will preserve the security of 
        the protectee by lessening the incentive of the protectee to 
        distance Secret Service personnel in situations in which there 
        is some risk to the safety of the protectee.
            (11) Recognition of a protective function privilege for the 
        President and those in direct line of the Presidency, and for 
        visiting heads of foreign states and foreign governments, will 
        promote sufficiently important interests to outweigh the need 
        for probative evidence.
            (12) Because Secret Service personnel retain law 
        enforcement responsibility even while engaged in their 
        protective function, the privilege must be subject to a crime/
        treason exception.
    (b) Purposes.--The purposes of this Act are--
            (1) to facilitate the relationship of trust and confidence 
        between Secret Service personnel and certain protected 
        officials that is essential to the ability of the Secret 
        Service to protect these officials, and the Nation, from the 
        risk of assassination; and
            (2) to ensure that Secret Service personnel are not 
        precluded from testifying in a criminal investigation or 
        prosecution about unlawful activity committed within their view 
        or hearing.

SEC. 3. ESTABLISHMENT OF PROTECTIVE FUNCTION PRIVILEGE.

    (a) Admissibility of Information Acquired by Secret Service 
Personnel While Performing Their Protective Function.--Chapter 203 of 
title 18, United States Code, is amended by inserting after section 
3056 the following:
``Sec. 3056A. Testimony by Secret Service personnel; protective 
              function privilege
    ``(a) Definitions.--In this section:
            ``(1) Protectee.--The term `protectee' means--
                    ``(A) the President;
                    ``(B) the Vice President (or other officer next in 
                the order of succession to the Office of President);
                    ``(C) the President-elect;
                    ``(D) the Vice President-elect; and
                    ``(E) visiting heads of foreign states or foreign 
                governments who, at the time and place concerned, are 
                being provided protection by the United States Secret 
                Service.
            ``(2) Secret service personnel.--The term `Secret Service 
        personnel' means any officer or agent of the United States 
        Secret Service.
    ``(b) General Rule of Privilege.--Subject to subsection (c), 
testimony by Secret Service personnel or former Secret Service 
personnel regarding information affecting a protectee that was acquired 
during the performance of a protective function in physical proximity 
to the protectee shall not be received in evidence or otherwise 
disclosed in any trial, hearing, or other proceeding in or before any 
court, grand jury, department, officer, agency, regulatory body, or 
other authority of the United States, a State, or a political 
subdivision thereof.
    ``(c) Exceptions.--There is no privilege under this section--
            ``(1) with respect to information that, at the time the 
        information was acquired by Secret Service personnel, was 
        sufficient to provide reasonable grounds to believe that a 
        crime had been, was being, or would be committed; or
            ``(2) if the privilege is waived by the protectee or the 
        legal representative of a protectee or deceased protectee.
    ``(d) Concurrent Privileges.--The proximity of Secret Service 
personnel to a protectee engaged in a privileged communication with 
another shall not, by itself, defeat an otherwise valid claim of 
privilege.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
203 of title 18, United States Code, is amended by inserting after the 
item relating to section 3056 the following:

``3056A. Testimony by Secret Service personnel; protective function 
                            privilege.''.

SEC. 4. APPLICATION.

    This Act and the amendments made by this Act shall apply to any 
proceeding commenced on or after the date of enactment of this Act.
Secret Service Protective Privilege Act of 1999 - Amends the Federal criminal code to prohibit testimony by Secret Service personnel or former personnel regarding information affecting a protectee (defined as the President, Vice President, and specified other officials) that was acquired during the performance of a protective function in physical proximity to the protectee from being received in evidence or otherwise disclosed in any proceeding in or before any court, grand jury, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof. 
Makes exceptions: (1) with respect to information that, at the time it was acquired by Secret Service personnel, was sufficient to provide reasonable grounds to believe that a crime had been, was being, or would be committed; or (2) if the privilege is waived by the protectee or the legal representative of a protectee or deceased protectee. 
Specifies that the proximity of Secret Service personnel to a protectee engaged in a privileged communication with another shall not, by itself, defeat an otherwise valid claim of privilege.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Park System Reform Act of 
1994''.

                   TITLE I--NATIONAL PARK SYSTEM PLAN

SEC. 101. PREPARATION OF NATIONAL PARK SYSTEM PLAN.

    (a) Preparation of Plan.--The Secretary of the Interior 
(hereinafter in this Act referred to as the ``Secretary''), acting 
through the Director of the National Park Service, shall prepare a 
National Park System Plan (hereinafter in this Act referred to as the 
``plan'') to guide the direction of the National Park System into the 
next century. The plan shall include each of the following:
            (1) A statement of goals and objectives for use in defining 
        the mission and role of the National Park Service in preserving 
        our national natural and cultural heritage, relative to other 
        efforts at the Federal, State, local, and private levels.
            (2) Detailed criteria to be used in determining which 
        natural and cultural resources are appropriate for inclusion as 
        units of the National Park System.
            (3) Identification of what constitutes adequate 
        representation of a particular resource type and which aspects 
        of the national heritage are adequately represented in the 
        existing National Park System or in other protected areas.
            (4) Identification of appropriate aspects of the national 
        heritage not currently represented in the National Park System.
            (5) Priorities of the themes and types of resources which 
        should be added to the National Park System in order to provide 
        more complete representation of our Nation's heritage.
            (6) A statement of the role of the National Park Service 
        with respect to such topics as preservation of natural areas 
        and ecosystems, preservation of industrial America, 
        preservation of nonphysical cultural resources, and provision 
        of outdoor recreation opportunities.
            (7) A statement of what areas constitute units of the 
        National Park System and the distinction between units of the 
        system, affiliated areas, and other areas within the system.
    (b) Consultation.--During the preparation of the plan under 
subsection (a), the Secretary shall consult with other Federal land 
managing agencies, State and local officials, the National Park System 
Advisory Board, resource management, recreation and scholarly 
organizations and other interested parties as the Secretary deems 
advisable. These consultations shall also include appropriate 
opportunities for public review and comment.
    (c) Transmittal to Congress.--Prior to the end of the third 
complete fiscal year commencing after the date of enactment of this 
Act, the Secretary shall transmit the plan developed under this section 
to the Committee on Natural Resources of the United States House of 
Representatives and the Committee on Energy and Natural Resources of 
the United States Senate.

SEC. 102. MANAGEMENT REVIEW OF NATIONAL PARK SYSTEM.

    (a) Review.--(1) Using the National Park System Plan prepared 
pursuant to section 101 as a guide, the Secretary shall review the 
existing National Park System to determine whether there are more 
appropriate alternatives for managing specific units or portions of 
units within the system, including partnerships or direct management by 
States, local governments, other agencies and the private sector. The 
Secretary shall develop a report which contains a list of areas within 
the National Park System where National Park Service management should 
be modified or terminated.
    (2) In developing the list under paragraph (1), the Secretary shall 
consider such factors as duplication within the National Park System, 
better representation of a particular resource type under management of 
another entity, lack of significance, lack of management feasibility, 
cost, lack of visitor accessibility, modifications that change the 
character of the resource, lack of collaboration to protect resources, 
suitability for management by another agency, and the compatibility of 
the resource with the present mission and role of the National Park 
Service.
    (3) For any areas for which termination of National Park Service 
management is recommended, the Secretary shall make recommendations 
regarding management by an entity or entities other than the National 
Park Service. For any area determined to have national significance, 
prior to including such area on the list under paragraph (1) the 
Secretary shall identify feasible alternatives to National Park Service 
management which will protect the resources thereof and assure 
continued public access thereto.
    (b) Consultation.--In developing the list referred to in subsection 
(a), the Secretary shall consult with other Federal land managing 
agencies, State and local officials, the National Park System Advisory 
Board, resource management, recreation and scholarly organizations and 
other interested parties as the Secretary deems advisable. These 
consultations shall also include appropriate opportunities for public 
review and comment.
    (c) Transmittal to Congress.--Not later than 1 year after the 
Secretary completes the plan referred to in section 101 of this Act, 
the Secretary shall transmit the report developed under this section 
simultaneously to the Natural Resources Committee of the United States 
House of Representatives and the Committee on Energy and Natural 
Resources of the United States Senate. The report shall contain the 
recommendations of the Secretary concerning modifications or 
termination of National Park Service management for any areas within 
the National Park System and the recommendations regarding alternative 
management by an entity or entities other than the National Park 
Service.

SEC. 103. NATIONAL PARK SYSTEM REVIEW COMMISSION.

    (a) Establishment of Commission.--If the Secretary fails to 
transmit the report developed under section 102 within the 1-year 
period specified in section 102, a National Park System Review 
Commission shall be established to review existing National Park System 
units to determine whether there are more appropriate alternatives for 
managing specific units or portions thereof. Within one year after the 
date of its establishment, the Commission shall prepare and transmit to 
the Natural Resources Committee of the United States House of 
Representatives and the Committee on Energy and Natural Resources of 
the United States Senate a report containing a list of National Park 
System units or portions thereof where National Park Service management 
should be modified or terminated. In developing the list, the 
Commission shall consider the factors referred to in section 102(a)(2). 
For any listed areas, the Commission shall suggest alternative 
management by an entity or entities other than the National Park 
Service, and for any area determined to have national significance, 
prior to including such area on the list the Commission shall identify 
feasible alternatives to National Park Service management which will 
protect the resources of the area and assure continued public access to 
thereto. In developing the list, the Commission shall consult with 
other Federal land managing agencies, State and local officials, the 
National Park System Advisory Board, resource management, recreation 
and scholarly organizations and other interested parties as the 
Secretary deems advisable. These consultations shall also include 
appropriate opportunities for public review and comment.
    (b) Membership and Appointment.--The Commission shall consist of 7 
members each of whom shall have substantial familiarity with, and 
understanding of, the National Park System. Three members of the 
Commission, one of whom shall be the Director of the National Park 
Service, shall be appointed by the Secretary. Two members shall be 
appointed by the Speaker of the United States House of Representatives 
and two shall be appointed by the President Pro Tem of the United 
States Senate. Each member shall be appointed within 3 months after the 
expiration of the 1-year period specified in section 102(c).
    (c) Chair.--The Commission shall elect a chair from among its 
members.
    (d) Vacancies.--Vacancies occurring on the Commission shall not 
affect the authority of the remaining members of the Commission to 
carry out the functions of the Commission. Any vacancy in the 
Commission shall be promptly filled in the same manner in which the 
original appointment was made.
    (e) Quorum.--A simple majority of Commission members shall 
constitute a quorum.
    (f) Meetings.--The Commission shall meet at least quarterly or upon 
the call of the chair or a majority of the members of the Commission.
    (g) Compensation.--Members of the Commission shall serve without 
compensation as such. Members of the Commission, when engaged in 
official Commission business, shall be entitled to travel expenses, 
including per diem in lieu of subsistence, in the same manner as 
persons employed intermittently in government service under section 
5703 of title 5, United States Code.
    (h) Termination.--The Commission established pursuant to this 
section shall terminate 90 days after the transmittal of the report to 
Congress as provided in subsection (a).
    (i) Limitation on National Park Service Staff.--The Commission may 
hire staff to carry out its assigned responsibilities. Not more than 
one-half of the professional staff of the Commission shall be made up 
of current employees of the National Park Service.
    (j) Staff of Other Agencies.--Upon the request of the Commission, 
the head of any Federal agency may detail, on a reimbursable basis, any 
of the personnel of such agency to the Commission to assist the 
Commission.
    (k) Experts and Consultants.--Subject to such rules as may be 
adopted by the Commission, the Commission may procure temporary and 
intermittent services to the same extent as authorized by section 
3109(b) of title 5, United States Code, but at rates determined by the 
Commission to be advisable.
    (l) Powers of the Commission.--(1) The Commission shall for the 
purpose of carrying out this title hold such public hearings, sit and 
act at such times and places, take such testimony, and receive such 
evidence as the Commission deems advisable.
    (2) The Commission may make such bylaws, rules, and regulations, 
consistent with this title, as it considers necessary to carry out its 
functions under this title.
    (3) When so authorized by the Commission any member or agent of the 
Commission may take any action which the Commission is authorized to 
take by this section.
    (4) The Commission may use the United States mails in the same 
manner and upon the same conditions as other departments and agencies 
of the United States.
    (5) The Secretary shall provide to the Commission any information 
available to the Secretary and requested by the Commission regarding 
the plan referred to in section 101 and any other information requested 
by the Commission which is relevant to the duties of the Commission and 
available to the Secretary.

                    TITLE II--NEW AREA ESTABLISHMENT

SEC. 201. STUDY OF NEW PARK SYSTEM AREAS.

    Section 8 of the Act of August 18, 1970, entitled ``An Act to 
improve the administration of the national park system by the Secretary 
of the Interior, and to clarify the authorities applicable to the 
system, and for other purposes'' (16 U.S.C. 1a-1 and following) is 
amended as follows:
            (1) By inserting ``General Authority.--'' after ``(a)''.
            (2) By striking the second through the seventh sentences of 
        subsection (a).
            (3) By redesignating the last sentence of subsection (a) as 
        subsection (e) and inserting in such sentence before the words 
        ``For the purposes of carrying'' the following: ``(e) 
        Authorization of Appropriations.--''.
            (4) By striking subsection (b).
            (5) By inserting the following after subsection (a):
    ``(b) Studies of Areas for Potential Addition.--(1) At the 
beginning of each calendar year, along with the annual budget 
submission, the Secretary shall submit to the Committee on Natural 
Resources of the House of Representatives and to the Committee on 
Energy and Natural Resources of the United States Senate a list of 
areas recommended for study for potential inclusion in the National 
Park System.
    ``(2) In developing the list to be submitted under this subsection, 
the Secretary shall give consideration to those areas that have the 
greatest potential to meet the established criteria of national 
significance, suitability, and feasibility. The Secretary shall give 
special consideration to themes, sites, and resources not already 
adequately represented in the National Park System as identified in the 
National Park System Plan to be developed under section 101 of the 
National Park System Reform Act of 1994. No study of the potential of 
an area for inclusion in the National Park System may be initiated 
after the date of enactment of this section, except as provided by 
specific authorization of an Act of Congress. Nothing in this Act shall 
limit the authority of the National Park Service to conduct preliminary 
resource assessments, gather data on potential study areas, provide 
technical and planning assistance, prepare or process nominations for 
administrative designations, update previous studies, or complete 
reconnaissance surveys of individual areas requiring a total 
expenditure of less than $25,000. Nothing in this section shall be 
construed to apply to or to affect or alter the study of any river 
segment for potential addition to the national wild and scenic rivers 
system or to apply to or to affect or alter the study of any trail for 
potential addition to the national trails system.
    ``(c) Report.--The Secretary shall complete the study for each area 
for potential inclusion into the National Park System within 3 complete 
fiscal years following the date of enactment of specific legislation 
providing for the study of such area. Each study under this section 
shall be prepared with appropriate opportunity for public involvement, 
including at least one public meeting in the vicinity of the area under 
study, and reasonable efforts to notify potentially affected landowners 
and State and local governments. In conducting the study, the Secretary 
shall consider whether the area under study--
            ``(1) possesses nationally significant natural or cultural 
        resources, or outstanding recreational opportunities, and that 
        it represents one of the most important examples of a 
        particular resource type in the country; and
            ``(2) is a suitable and feasible addition to the system.
Each study shall consider the following factors with regard to the area 
being studied: the rarity and integrity of the resources, the threats 
to those resources, whether similar resources are already protected in 
the National Park System or in other Federal, state or private 
ownership, the public use potential, the interpretive and educational 
potential, costs associated with acquisition, development and 
operation, the socioeconomic impacts of any designation, the level of 
local and general public support and whether the unit is of appropriate 
configuration to ensure long term resource protection and visitor use. 
Each such study shall also consider whether direct National Park 
Service management or alternative protection by other agencies or the 
private sector is appropriate for the area. Each such study shall 
identify what alternative or combination of alternatives would in the 
professional judgment of the Director of the National Park Service, be 
most effective and efficient in protecting significant resources and 
providing for public enjoyment. The letter transmitting each completed 
study to Congress shall contain a recommendation regarding the 
Administration's preferred management option for the area.
    ``(d) List of Areas.--At the beginning of each calendar year, along 
with the annual budget submission, the Secretary shall submit to the 
Committee on Natural Resources of the House of Representatives and to 
the Committee on Energy and Natural Resources of the United States 
Senate a list of areas which have been previously studied which contain 
primarily cultural or historical resources and a list of areas which 
have been previously studied which contain primarily natural resources 
in numerical order of priority for addition to the National Park 
System. In developing the list, the Secretary should consider threats 
to resource values, cost escalation factors and other factors listed in 
subsection (c) of this section.''.

            Passed the House of Representatives September 28, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

TABLE OF CONTENTS:      Title I:  National Park System Plan      Title II:  New Area Establishment National Park System Reform Act of 1994 - Title I:  National Park System Plan - Requires the Secretary of the Interior, acting through the Director of the National Park Service, to prepare and submit to specified congressional committees a National Park System Plan to guide the direction of the System into the next century. Directs the Secretary to review the existing System to determine whether there are more appropriate alternatives for managing specific units within the System and to develop a report containing a list of areas where National Park Service management should be modified or terminated.  Establishes a National Park System Review Commission to make and report such determinations if the Secretary fails to transmit the report within a specified time period. Title II:  New Area Establishment - Removes certain reporting requirements concerning additional areas for the National Park System. Directs the Secretary to submit an annual list of areas recommended for study for potential inclusion in the System to specified congressional committees.  Bars the initiation of any study of the potential of an area for inclusion in the System after this Act's enactment, except by specific authorization by an Act of the Congress. Requires studies to be completed within three fiscal years of the enactment date of legislation providing for study. Directs the Secretary to submit an annual list of areas which have been studied previously which contain primarily cultural or historical resources and areas which contain primarily natural resources in numerical order of priority for addition to the System.