[Congressional Record Volume 144, Number 122 (Tuesday, September 15, 1998)]
[House]
[Pages H7753-H7758]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           OCEANS ACT OF 1998

  Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3445) to establish the Commission on Ocean Policy, and for 
other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3445

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Oceans Act of 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 
     Committees 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.

[[Page H7754]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Saxton) and the gentleman from American Samoa (Mr. 
Faleomavaega) each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Saxton).
  (Mr. SAXTON asked and was given permission to revise and extend his 
remarks.)
  Mr. SAXTON. Mr. Speaker, I ask unanimous consent to revise and extend 
my remarks.
  Mr. Speaker, today the House is considering H.R. 3445, a bill to 
establish a National Ocean Commission. Considerable effort has gone 
into producing the bill that is agreeable to a wide variety of parties 
that are interested in the conservation, management, and use of our 
natural, our rich and varied ocean and coastal resources.
  The bill reflects an agreement reached before the full committee 
markup by the gentleman from Alaska (Mr. Young), and the gentleman from 
California (Mr. Farr) and other Members, and further amendments were 
included to satisfy the concerns of gulf State Members.
  It also reflects the willingness of the Committee on Science and the 
Committee on Transportation and Infrastructure to allow us to move 
forward in a prompt manner and act on the measure this year, the 
International Year of the Ocean.
  Mr. Speaker, I would like to express my sincere appreciation to the 
Members of the Committee on Science and the Committee on Transportation 
and Infrastructure for their consideration.
  H.R. 3445 builds upon the foundation established more than 30 years 
ago with the enactment of the Marine Resources, Engineering and 
Development Act in the early 1960s. That historic legislation 
established a Commission on Marine Sciences, Engineering and Resources 
commonly referred to as the Stratton Commission, which encouraged 
development of a comprehensive national ocean policy.
  As a direct result of the Stratton Commission and their report, the 
National Oceanic and Atmospheric Administration was formed and created, 
and the Coastal Zone Management Act was passed by the Congress and 
established.
  By the year 2010, it has been estimated that 127 million people or 60 
percent of the American population will live along our coasts. As 
someone who is proud to represent a coastal district, I have dedicated 
myself to the health and vitality of our ocean ecosystems.
  H.R. 3445 will help assure that health and vitality through the work 
of the new ocean policy commission. This commission will inform 
Congress of our current ocean programs and whether or not they are on 
track, whether or not they need to be changed, and will presumably 
recommend some improvements.

[[Page H7755]]

  As a maritime nation, we have always been aware of how crucial oceans 
are to both our economic well-being and to the well-being of our 
environment. For instance, the commercial fishing industry alone 
contributes $111 billion per year to our national GDP. There is always 
a need to further invigorate our ocean and coastal programs.
  During the past 4 years, the Subcommittee on Fisheries Conservation, 
Wildlife and Oceans, which I chair, has invested a great deal of effort 
trying to improve U.S. coastal and ocean programs and dealing with 
persistent management problems facing our fishery resources.
  A formal review of all these policies by a group of independent 
nongovernmental experts will give us a fresh look at these problems, 
the problems our oceans face, and suggest the potential solutions for 
the 21st Century.
  The bill before us today establishes the National Ocean Commission 
consisting of 16 Members. Eight will be appointed from Republican 
nominations and eight from Democratic nominations, making it a true 
bipartisan commission.
  The bill requires extensive public input, including regional public 
hearings, public review of the draft report, and review of the draft 
report by the governors of coastal states.
  The bill also requires the commission to consider the effects of its 
recommendations on private property and local economies.
  H.R. 3445 is the product of hundreds of hours of deliberation by both 
Members and our fine staffs. It is an appropriate congressional 
initiative during 1998, the International Year of the Ocean, and I 
obviously hope that this bill will pass by a unanimous vote.
  Mr. Speaker, I would like to make a special note of the fine efforts 
of the gentleman from California (Mr. Farr), who together with several 
other Members have partnered to create a bill and an initiative which I 
believe is of great significance, and has gone through, frankly, a long 
and difficult process.
  So these bills that come about as a result of a long period of 
consideration and conversation and dialogue and debate oftentimes 
produce a very, very good product. I believe that that is the case with 
regard to this bill, and I would like to thank the gentleman from 
California (Mr. Farr) for the very important and forward looking role 
that he played.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I ask unanimous consent that the 
gentleman from California (Mr. Farr) be permitted to manage the 
legislation on this side of the aisle.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from American Samoa?
  There was no objection.
  Mr. FARR of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I appreciate very much the role and leadership that the 
gentleman from New Jersey (Mr. Saxton) has played in this. We are a 
Congress that oftentimes emphasizes our partisan differences, and I 
think on this bill we are emphasizing our bipartisan strengths on a 
common issue, which is the oceans.
  This is the International Year of the Ocean, and it is interesting 
how that international year has played out. I am joking but I think 
that we have to realize that in the International Year of the Ocean who 
knew that the Academy Awards would honor the oceans by granting the 
Oscar to the movie Titanic? Who would have known, when we began this 
year, that the New York Times bestseller's nonfiction list would be for 
a break in the all time record of a nonfiction book about weather, 
called The Perfect Storm? Who knew, when we began this year, that we 
were going to have on Larry King Live two talk shows about weather, the 
El Nino?
  So we are finishing this year with Congress responding to all of 
these issues by enacting a bill that really takes all of those issues 
into consideration, and that is a bill that puts together a commission 
that is to look at these Federal programs not as a single sector 
oriented, which is what we found in our committee discussions. Too much 
of what we do in the Federal Government over time ends up just trying 
to solve a single problem. We create a government to administer that 
problem. We fund the government to deal with that problem and as we 
grow more complex and more complicated in an area dealing with a body 
of water that really knows no political boundary, no State political 
boundary, local boundary, international boundary, these are issues 
where we have to take a holistic approach to dealing with the problems 
and that is what this commission is called upon to do. It is called 
upon to bring back to Congress the conflicts that are out there, the 
conflicts in our own law, the conflicts between State and local and 
Federal governments.
  So I think that Congress is really putting its best foot forward in 
enacting this legislation because it is doing something that everybody 
on each side of the aisle wants to do and that is do a better job with 
limited resources.
  So I really appreciate the bipartisan effort in this creation of this 
bill. I want to also thank the staff of the Committee on Resources and 
particularly the subcommittee of the gentleman from New Jersey (Mr. 
Saxton), because we have worked together and everybody shared all the 
information. It has not always been easy because there are some 
interests here that are very sensitive.
  So we are here on the floor with, I think, a good bill that everybody 
can be proud of.
  I just want to point out also that it has been an effort. I represent 
the coast of California and I have a special interest in it. We have a 
lot of marine institutions around the bay, 16 to 17 different 
institutions that relate to the ocean. We call ourselves the Kennedy 
Space Center of the ocean. A lot of other areas like to claim that 
title, too, whether it is Woods Hole, Massachusetts, or the San Diego 
area with Scripps, but we held in the Monterey Bay region the first-
ever Presidential Conference on the Oceans. It was attended by Members 
of both sides of the aisle and they got to speak and participate.
  I think we are really on a national realization that if we do not 
deal with the problems of the ocean, we are going to have a lot of 
detrimental effects for those of us who want to live on this planet. As 
far as economic security, national security, environmental security, 
food security and issues like that, this commission will bring us all 
together with some comprehensive recommendations to Congress of how we 
might move forward.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1545

  Mr. SAXTON. Mr. Speaker, I yield such time as he may consume to the 
distinguished gentleman from New York (Mr. Boehlert).
  (Mr. BOEHLERT asked and was given permission to revise and extend his 
remarks.)
  Mr. BOEHLERT. Mr. Speaker, 1998 is the Year of the Ocean. We have 
heard that mentioned several times. So, it is only fitting and proper 
that we focus on the ocean this year. And in doing so, I would like to 
commend the gentleman from New Jersey (Chairman Saxton) for the 
outstanding leadership he has provided. He is there every step of the 
way. It is his inspiration, his innovation that has gotten us to this 
juncture today.
  But, Mr. Speaker, he has not done it alone. The gentleman from 
California (Mr. Farr), the gentleman from Maryland (Mr. Gilchrest) and 
the gentleman from California (Mr. Bilbray) have all been very active 
participants in this process.
  I think this is very important legislation. We sometimes think that 
if it is not a major bill providing trillions of dollars of 
expenditures and a lot of controversy, it is not all that important. 
Let me suggest that this is very important.
  Two-thirds of the world's surface is covered by water, and we have to 
deal with that water. I was glad to hear the gentleman from California 
(Mr. Farr), give that recitation of all those things that people did 
not know about this year; that in 1998, nobody knew that Titanic would 
get the Oscar. I think that people are properly focusing on the ocean 
and I think a commission to study the issue and make recommendations to 
all of us for further action is something that is very right and very 
proper.
  Mr. Speaker, I am here as a colleague who was watching this debate, 
colloquy

[[Page H7756]]

more than a debate, in my office and said what they are doing over 
there is very important and I want to say that to them. I want to 
express to the gentleman from New Jersey (Chairman Saxton) and to the 
gentleman from California (Mr. Farr) and the others who have been 
involved, ``Thank you for what you are doing. I am proud of you.''
  Mr. Speaker, this is the type of work that day in and day out the 
House of Representatives is very actively engaged in. It is very 
important, not just for now but for future generations.
  Mr. FARR of California. Mr. Speaker, I yield 5 minutes to the 
gentleman from American Samoa (Mr. Faleomavaega) whose district is 
surrounded by water.
  (Mr. FALEOMAVAEGA asked and was given permission to revise and extend 
his remarks.)
  Mr. FALEOMAVAEGA. Mr. Speaker, I rise today in strong support of H.R. 
3445, a bill to establish a commission on ocean policy. Mr. Speaker, we 
all know that approximately two-thirds of the world's surface is 
covered by water. Our oceans should be our greatest resource, but for 
many years for many a number of reasons, oftentimes it has been nothing 
more than our greatest dumping ground.
  Decades ago, the United States and other progressive nations realized 
that to continue our then current policy would only lead to the 
destruction of a vital resource. In response, we began the process of 
establishing a more coherent policy on management of this resource. It 
was obvious to all those who were involved that the United States alone 
could not adequately address the problem and through the efforts of the 
United Nations and many other concerned countries, more aggressive 
actions were taken worldwide.
  Mr. Speaker, over the past 30 years, much progress has been made in 
the management and use of our oceans. International protocols continue 
to be developed to the benefit of all nations. This process has not 
gone smoothly, however, and there have been and continue to be nations 
which overfish dwindling stocks of fish or hunt species of whale to 
near extinction. But today the tides have changed, so to speak. A vast 
majority of the world opposes actions of this nature.
  The United States continues to address the problem of overfishing of 
local stocks off the coast of the eastern United States. This has been 
a particularly difficult issue because of the long history of fishing 
in communities which have relied on local stocks for generations. As 
the yields in these stocks have dwindled over the last decade, 
increased concern has risen to a sense of despair. This is an ongoing 
problem which needs continued attention and additional resources.
  Mr. Speaker, off the coast of the western United States, the issue of 
fishing for tuna and the associated killing of dolphins has been 
discussed for years. I have spoken on this topic at length in the past 
and do not have the time to go into detail today, but suffice it to say 
that we recently entered into a new international agreement in an 
effort to enlist the support of our neighbors to the south to protect 
dolphins, yet assist them in their economic development by permitting 
tuna caught in compliance with this international accord to enter the 
United States for commercial sale. The environmental community and the 
domestic fishing industry was split on this new law and we will not 
know for years how well this new arrangement will work. This is another 
area which could use additional study and resources and even more the 
reason why we should have a national commission on oceans.
  Mr. Speaker, I am most familiar with U.S. interests in the Pacific 
region. As the largest body of water in the world, the Pacific covers 
70 million square miles of the earth's surface and borders or surrounds 
many countries. It is the source of food for much of the world's 
population and a significant portion of the world's commerce is 
transported across its surface.
  The United States has considerable interest in this region. Our 
territory includes the State of Hawaii, the Territories of American 
Samoa, Guam, and the Northern Mariana Islands. Although now 
independent, we have continued close relationships with the Federated 
States of Micronesia, the Republic of the Marshall Islands, and the 
Republic of Palau. We also administer approximately a dozen other 
islands in the Pacific. While the total land area is relatively small, 
the area included in our Nation's Exclusive Economic Zone is hundreds 
of thousands of square miles in the Pacific Ocean.
  Mr. Speaker, our Nation alone controls some 2.3 million square 
nautical miles of Exclusive Economic Zones. Coming from a group of 
islands who have lived off this natural resource for thousands of 
years, I welcome this piece of legislation. It is in our national 
interest to devote additional resources to study of ocean policy.
  Mr. Speaker, I urge my colleagues to support this great legislation. 
I want to commend, again, the leadership and the service of the 
gentleman from New Jersey (Mr. Saxton) the chairman of the Subcommittee 
on Fisheries, Conservation, Wildlife and Oceans for his outstanding 
performance, not only for the management of this legislation, but 
certainly as a great friend.
  Mr. SAXTON. Mr. Speaker, I reserve the balance of my time.
  Mr. FARR of California. Mr. Speaker, how much time do we have 
remaining?
  The SPEAKER pro tempore (Mr. Shimkus). The gentleman from California 
(Mr. Farr) has 11\1/2\ minutes remaining.
  Mr. FARR of California. Mr. Speaker, I yield 4 minutes to the 
distinguished gentleman from Guam (Mr. Underwood).
  Mr. UNDERWOOD. Mr. Speaker, I thank the gentleman from California 
(Mr. Farr) for yielding me this time, and I certainly would like to 
begin by congratulating my colleague, the author of H.R. 3445, for his 
diligent work in bringing this important piece of legislation to 
fruition. Also, I would like to thank the gentleman from New Jersey 
(Mr. Saxton) of New Jersey, the distinguished chairman, for all of his 
efforts.
  Mr. Speaker, one would find themselves hard-pressed to refute the 
role that the oceans contribute to our daily lives. As has been stated 
here already, and in other legislative bodies, at conferences and 
seminars and symposiums, we depend on the oceans for our livelihood. 
Not just in an economic sense, but also for recreational purposes for 
tourism and even spiritual as well.
  Coastal cities and towns rely on the waters of the sea. Some use it 
for tourism, others for the transshipment of goods, while other retain 
a long history perhaps as fishing villages.
  As the delegate from the Island of Guam, an island community, our 
people and our leaders use the surrounding ocean for all these reasons 
and more. The ocean represents our historical ties with our ancestors 
and also provides us with an opportunity for future growth and 
maintaining and sustaining our way of life in the present.
  In all the attention that has been drawn to oceans this year, people 
have been fond of saying that over half of the country's population 
lives within 50 miles of the water. Mr. Speaker, I am proud to say that 
I come from a community where 100 percent of our people live within 4 
miles of the ocean. And so we fully recognize the impact and the 
importance of the ocean in our lifes.
  Often we overlook what benefits the oceans bring to our communities 
when we spend most of our time on land. I know, as the gentleman from 
American Samoa (Mr. Faleomavaega), my esteemed colleague here, and I go 
and crisscross the ocean and we see the great expanse of ocean, we also 
see the opportunities. We imagine the history of our own islands' 
peoples, but we also see the economic opportunities and the necessity 
to protect the resources and the opportunities that the Pacific 
provides this country and to the world.
  The Stratton Commission convened in the 1960s to assess the Nation's 
marine resources was a good beginning, because it helped bring about a 
policy that created the National Oceanic and Atmospheric 
Administration. It provided our country a method to use the ocean and 
its resources for our gain. However, in our pursuit to travel faster on 
ocean routes and establish economic advantages and to feed our Nation 
and the world, I think we have neglected a sound international policy 
to preserve and sustain the valued resources that the ocean provides.
  The formulation of this commission on ocean policy, patterned 
somewhat after the Stratton Commission, is an opportunity to step 
forward in the

[[Page H7757]]

right direction. It helps to establish a new ocean policy focused 
around properly managing the oceans to produce a healthy, abundant 
ecosystem. It is a serious approach to create a plan that will ensure 
the survival of a viable and abundant ocean in the 21st century.
  Mr. Speaker, I would also like to take this opportunity to express my 
support for ratification of the Convention of the Law of the Sea 
Treaty. This international arrangement, and collaboration with other 
developed nations that this treaty represents, goes hand in hand with 
the national policy we are seeking to create. It is possible to have 
one without the other, but to only develop a national policy and not 
address the need for international cooperation in our new global 
village is not quite responsible. The Law of the Sea helps to ensure 
economic prosperity and military security while preserving and 
sustaining ocean resources with the cooperation of other countries.
  As leaders for the Nation, we carry the burden providing for the 
present and planning for the future. H.R. 3445, the Oceans Act of 1998, 
ensures that this responsibility is met. I encourage all of my 
colleagues to support this measure.
  Mr. FARR of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I think that it is important to point out that there is 
some major overhaul of Federal law in this bill. This commission, which 
the President shall appoint with recommendations from Congress, is 
going to do some things that I think are absolutely essential to us 
positioning ourselves for the 21st century.
  The bill says, and I quote, ``A review of all existing or planned 
ocean or coastal activities of Federal entities and recommendations for 
changes in such activities necessary to reduce duplication of Federal 
efforts.''
  The bill also calls for, ``a review of the cumulative effect of 
Federal laws and regulations on the United States ocean policy and 
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 the 
inconsistencies.''
  This is a good way of setting some Federal policy that gets us away 
from just trying to administer item by item, as we have historically.
  Then, ``a review of all known and anticipated supply of and demand 
for ocean and coastal resources in the United States, and a review of 
the relationship between Federal, State, and local governments and the 
private sector in planning and carrying out ocean and coastal policy 
recommendations.''
  Probably even the most controversial area of all is to examine the 
relationship between the fisheries development and fisheries 
conservation responsibilities of the National Marine Fisheries so that 
we do not really just legislate in crisis. We can legislate sound 
management practices. All of these recommendations will come back to 
Congress for enactment in the future.
  Mr. Speaker, I want to also say that a person on my staff who was 
here as a Sea Grant Fellow and had to go back to school, but I wanted 
to point out that but for her work we would not be this far long: 
Jennifer Newton. Chris Mann on our committee staff, and also the 
minority staff of John Rayfield, Harry Burroughs, and Sharon McKenna 
all made this bill possible, and I want to thank them for their effort.
  Lastly, wholeheartedly my thanks and appreciation and professional 
respect goes out to the gentleman from New Jersey (Chairman Saxton). We 
have had a wonderful time working together on this bill because we 
mutually had a vision of where we ought to be going and we stuck with 
that vision and did whatever was necessary to try to bring it to 
fruition.

                              {time}  1600

  So I have a great deal of appreciation for the gentleman's leadership 
and he serves his district well.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SAXTON. Mr. Speaker, I yield myself the balance of my time and 
would like to thank the gentleman for his kind remarks.
  Mr. ORTIZ. Mr. Speaker, I appreciate the many efforts to bring an 
oceans policy bill before the House of Representatives today. This is 
certainly an issue which is extremely important to the future of the 
United States and deserves our attention.
  As H.R. 3445, the Oceans Act of 1998, comes to the floor of the House 
of Representatives, I am concerned there has not been adequate debate 
on provisions rejected for inclusion in this legislation which would 
protect the objective and fair consideration of all interests in 
offshore resources. It is my desire that we would continue to work to 
bring a compromise bill on ocean policy to the floor of the House. This 
is an extremely important issue with far ranging effects which Congress 
should address thoroughly.
  Since we initially considered this issue in the Committee on 
Resources, I have not heard anyone say that we should not protect our 
oceans. We all are aware of the inimitable role our oceans play in our 
future and know we must insure the sustainability of oceanic resources. 
At the same time, these resources contribute daily to the economies of 
our communities and support a large segment of our population, both 
directly and indirectly. While we work to protect the future of these 
resources, we must insure we adequately protect the diverse interests 
we have in our oceans.
  Mr. SHUSTER. Mr. Speaker, H.R. 3445, the Oceans Act of 1998, 
establishes a commission to help develop a national ocean policy.
  Through its jurisdiction over law and programs regarding the ocean, 
the Committee on Transportation and Infrastructure has a strong 
interest in this legislative proposal.
  In order to allow this legislation to be brought to the floor today, 
the Committee on Transportation and Infrastructure agreed to a 
sequential referral of very limited duration.
  However, this action should in no way be considered a waiver of the 
jurisdiction of the Committee on Transportation and Infrastructure over 
H.R. 3445.
  If this legislation goes to a House-Senate conference, the Committee 
on Transportation and Infrastructure reserves the right to request to 
be included as conferees.
  In addition, the chairman of the Resources Committee has assured me 
that he is willing to work with our committee on any differences the 
Committee on Transportation and Infrastructure may have with this bill 
in such a conference, or in the event that there is no formal House-
Senate conference on this bill.
  I would like to thank the leadership of the Resources Committee for 
these assurances and for their cooperation throughout the process.
  Mr. MILLER of California. Mr. Speaker, I rise in support of the 
substitute amendment for H.R. 3445. The amendment is, with minor 
changes, essentially the bill that was reported from the Resources 
Committee.
  It establishes a commission on ocean policy to assess the status of 
ocean and coastal resources and make recommendations on how we, as a 
nation, can make the best use of these resources while ensuring their 
availability to future generations. It calls for the President and 
Congress, after reviewing the commission's report, to develop a 
national policy to guide our ocean and coastal activities to those 
ends.
  While I support the bill before the House today, I remain concerned 
that restrictions placed on the scope of the commission's review may 
fetter the commission in making a comprehensive assessment of marine 
resources and the activities that affect them. If this is the result, 
then the ocean policy to be developed from the commission's 
recommendations will be the poorer for it. After all, the commission 
established by this bill will only make recommendations which Congress 
and the Administration are free to ignore.
  Yet up until the last minute there were attempts to further restrict 
the scope of review, thus restricting the intellectual freedom of the 
commissioners appointed, because of their expertise, to study our ocean 
and coastal resources. Particularly disturbing was an attempt to 
revisit issues dealt with unambiguously and decisively in Committee. 
Clearly there are those that would prefer that this bill not become 
law. Afraid to oppose it outright, they have tried to inflict the death 
of a thousand cuts.
  But as a result of the perseverance of Mr. Farr and the gentleman 
from New Jersey, Mr. Saxton, those attempts have so far failed. The 
compromise before the House today preserves the fundamental principles 
of the bill that was introduced, while going the extra mile to address 
the concerns of some members about the breadth of the commission's 
authority.
  1998 is the Year of the Ocean and this is bipartisan legislation to 
promote responsible use and stewardship of these resources. It's been 
30 years since the United States had a thorough review of the oceans 
and Congress should take the lead in establishing an oceans policy for 
the 21st century.
  Again, I commend Mr. Farr and Mr. Saxton for all their hard work 
trying to keep this bill on track against long odds.

[[Page H7758]]

  This is good legislation and I urge the House to support it.
  Mr. PALLONE. Mr. Speaker, I join my colleagues today in supporting 
the passage of H.R. 3445, the Oceans Act. As the world celebrates the 
International Year of the Ocean, we have an excellent opportunity to 
initiate a major review of ocean policies in this Nation and to take 
actions to improve our understanding of ocean systems and the ocean 
environment as a whole.
  As a coastal member and co-chair of the Coastal Caucus, I've always 
been supportive of protecting our oceans and coasts and realize the 
tremendous benefits they offer all Americans. Our oceans provide us 
with jobs, food, recreational as well as education opportunities, 
medicine, and transportation. Each year an estimated 180 million 
Americans visit the coast and nearly one third of our nation's Gross 
National Product is produced in coastal areas. Our oceans also play an 
important role in determining climate.
  But all is not well with our oceans. Today, more than half of all 265 
million Americans live within 50 miles of our shores. This has put 
tremendous pressure on our estuaries, coastal zone, and near and 
offshore areas. In 1996, nearly 2,200 health advisories were issued 
against the consumption of contaminated fish. In 1997, over 4,000 beach 
closings or warnings were issued due to pollution. Harmful algal 
blooms, like red tides and pfiesteria, have been responsible for over 
$1 billion in economic damages over the last decade. A 1997 National 
Marine Fisheries Service report to Congress stated that of the 
federally managed species for which sufficient data was available, 31% 
are ``overfished.'' The list goes on and on.
  H.R. 3445 attempts to rectify some of these problems by establishing 
a Commission on Ocean Policy. This Commission, which is similar to the 
original Stratton Commission of the late 1960's, will report to 
Congress and the President policy recommendations for how to do better 
with respect to our oceans, ultimately resulting in a coordinated 
National Ocean Policy.
  While I support H.R. 3445, I am deeply disappointed that the bill 
before us today is much weaker than what was passed unanimously by the 
Fisheries Conservation, Wildlife and Oceans subcommittee. Nevertheless, 
I applaud the efforts of Mr. Farr Mr. Saxton, and others for working so 
hard to bring this bill to the floor today.
  In closing, Mr. Speaker, I urge all Members to vote in favor of this 
legislation so that we can go to conference and have it signed into law 
before the end of the session. Cast a vote for the oceans! Vote yes on 
the Oceans Act!
  Mr. WELDON of Pennsylvania. Mr. Speaker, I rise today in support of 
H.R. 3445, the Oceans Act of 1998. In my capacity as chairman of the 
National Security R&D subcommittee, I have spent the last several years 
working to promote ocean protection. I have continued to address the 
issue of the protection of our seas at the international level through 
my work as the Chairman of the Global Legislators for a Balanced 
Environment (GLOBE) Task Force on Oceans, and as the U.S. Vice 
President for the Advisory Committee on Protection of the Seas.
  1998 has been declared the International Year of the Ocean in 
recognition of the importance of our ocean resources--the ocean's 
fundamental importance to our economic well being, safety, health, and 
quality of life. We must continue to work to discover and to learn more 
about our oceans in order to achieve the long-term goals of fostering 
an increased awareness of the criticality of the ocean environment and 
assuring the sustainable use of the ocean for our continued national 
vitality.
  It is clear that we need to get smarter about the ocean. For more 
than half of the American population, it is truly in our back yards. 
For the military, it is the primary platform for defense. For the 
economy, it produces one out of every three dollars of the Gross 
National Product. We can track the spread of cholera by understanding 
ocean circulation and we may find a cure for cancer in the biology of 
the sea. The seabed may be the next place for large-scale mining of 
precious ores.
  We are surrounded by a medium about which we know less than we know 
about the moon! It is time to change this, and to enlarge our view of 
the ocean. We have mapped the entire sphere of the moon at resolutions 
sufficient to reveal geographic characteristics the size of a football 
field, as well as objects the size of bicycles within those fields. 
Yet, we have mapped less than seven percent of the ocean floor. Such 
mapping has been done at resolutions as much as ten thousand times 
poorer than the precision used for the Moon and Mars. We have yet to 
image at any resolution vast mountain chains, earthquake faults, 
shipwrecks, and a multitude of other features that would help us 
understand major features of the 197 million square miles of planet on 
which we live.
  Clearly, the ocean is more than a beautiful vista for recreation. I 
urge my colleagues to join me in supporting H.R. 3445 to establish a 
Commission on Ocean Policy. In this way, we can be more committed to 
better understanding and protecting our interests in this incredible 
resource.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore (Mr. Shimkus). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Saxton) that the House 
suspend the rules and pass the bill, H.R. 3445, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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