[Congressional Record Volume 143, Number 105 (Wednesday, July 23, 1997)]
[Senate]
[Pages S7946-S7947]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1998

  Mr. McCAIN. Mr. President, H.R. 1119, the House-passed version of the 
National Defense Authorization Act, includes several maritime 
provisions which are within the jurisdiction of the Senate Committee on 
Commerce, Science, and Transportation. Of particular interest are 
section 1021(b) and title XXXVI of that bill. The House National 
Security Committee, which has jurisdiction over certain maritime 
matters in that body, has chosen to attach these maritime 
authorizations to H.R. 1119 rather than include them in a separate 
bill. If the Senate amends and passes H.R. 1119, the Commerce Committee 
will not have the opportunity to consider those maritime provisions 
which are within its jurisdiction.
  As both the chairman of the Commerce Committee and a member of the 
Armed Services Committee, I do not wish to either slow the progress we 
are making on the National Defense Authorization Act or relinquish the 
Commerce Committee's right to consider maritime authorizations under 
its jurisdiction. Therefore, I'd like to take this opportunity to 
discuss these provisions, and the process for addressing similar 
jurisdictional issues in the future, with Senator Hollings, ranking 
member of the Commerce Committee; Senator Hutchison, chairman of the 
Surface Transportation and Merchant Marine Subcommittee; and Senator 
Inouye, ranking member of the Surface Transportation and Merchant 
Marine Subcommittee.
  First, I would like to summarize the maritime authorization 
provisions of H.R. 1119. Section 1021(b) of the bill would amend title 
46, United States Code, to facilitate the scrapping of excess National 
Defense Reserve Fleet [NDRF] vessels that contain hazardous materials 
and would amend the National Maritime Heritage Act to extend the 
authorization for this program an additional 2 years to 2001 to account 
for the delay in scrapping the NDRF vessels. Section 3601 of the bill 
would authorize appropriations for the Maritime Administration's 
expenses for operations and training and under the loan guarantee 
program authorized by title XI of the Merchant Marine Act, 1936, at the 
levels requested by the President for fiscal year 1998. Section 3602 
would repeal the requirement for a

[[Page S7947]]

now obsolete annual report by the Maritime Administration on regional 
shipbuilding costs. Section 3603 would amend the Maritime Security Act 
of 1996 by clarifying that the noncontiguous domestic trade 
restrictions of that act do not apply to self-propelled tanker 
operations of Maritime Security Program [MSP] contractors. Also, 
section 3603 would relieve foreign-built MSP vessels from the 3-year 
delay in eligibility for certain cargo preference programs. Section 
3604 would amend the Maritime Security Act to allow vessel operators 
that participate in military sealift readiness agreements with the 
Department of Defense, but that are not MSP contractors, to temporarily 
use foreign-flag vessels as replacements for any vessel activated under 
those agreements. Section 3605 would convey an NDRF vessel to the 
Artship Foundation in Oakland, CA. Section 3606 would enforce the 
single-hull tank vessel phase-out schedule of the Oil Pollution Act of 
1990 by eliminating a loophole that would otherwise allow single hull 
tank vessel lives to be extended by reducing their cargo capacity.
  These provisions are clearly within the jurisdiction of the Commerce 
Committee. I ask that the Armed Services Committee not accept them for 
inclusion in the final National Defense Authorization Act for fiscal 
year 1998 so that the Commerce Committee may consider these provisions 
as separate legislation this year. I ask Senators Hollings, Hutchison, 
and Inouye if they agree with this position.
  Mr. HOLLINGS. Mr. President, I agree that these provisions are 
clearly within the jurisdiction of the Commerce Committee, that the 
Armed Services Committee should not accept them for inclusion in the 
final National Defense Authorization Act for fiscal year 1998, and that 
the Commerce Committee should consider these provisions as separate 
legislation this year.
  Mrs. HUTCHISON. Mr. President, I agree with this proposed course of 
action. I intend to introduce separate legislation including these 
provisions so that they may be considered by the Commerce Committee 
this year.
  Mr. INOUYE. Mr. President, I intend to work with Senator Hutchison on 
separate authorizing legislation, and also agree with this proposed 
course of action.
  Mr. McCAIN. Mr. President, I also intend to work with the members of 
the Commerce Committee and the Armed Services Committee to ensure full 
Commerce Committee consideration of maritime issues that may be 
included in future national defense bills initiated by the other body.
  Mr. HOLLINGS. Mr. President, I share the Commerce Committee 
chairman's interest in working with the Armed Services Committee to 
ensure that the future inclusion of maritime provisions in House-passed 
national defense bills does not impair the Commerce Committee's ability 
to carry out its jurisdictional responsibility over issues affecting 
the Maritime Administration and the merchant marine.

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