[Congressional Record Volume 150, Number 41 (Monday, March 29, 2004)]
[House]
[Pages H1598-H1600]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     UTROK ATOLL VESSEL CONVEYANCE

  Mr. GILCHREST. Mr. Speaker, I move to suspend the rules and concur in 
the Senate amendments to the bill (H.R. 2584) to provide for the 
conveyance to the Utrok Atoll local government of a decommissioned 
National Oceanic and Atmospheric Administration ship, and for other 
purposes.
  The Clerk read as follows:
       Senate amendments:
      (1)Page 2, after line 17, insert:
       (c) Within 120 days after the date of enactment of this 
     Act, the Utrok Atoll local government, in consultation with 
     the Government of the Republic of the Marshall Islands, shall 
     submit a plan for the use of the vessel to be conveyed under 
     subsection (a) to the House of Representatives Committee on 
     Resources, the House of Representatives Committee on Science, 
     the Senate Committee on Energy and Natural Resources, and the 
     Senate Committee on Commerce, Science, and Transportation.

      (2)Page 4, after line 6, insert:

     SEC. 305. REBUILDING FISH STOCKS.

       Section 105 of division H of the Consolidated 
     Appropriations Act, 2004, is repealed.

      (3)Page 4, after line 6, insert:

                 TITLE IV--PACIFIC ALBACORE TUNA TREATY

     SEC. 401. IMPLEMENTATION.

       (a) In General.--Notwithstanding anything to the contrary 
     in section 201, 204, or 307(2) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1821, 
     1824, and 1857(2)), foreign fishing may be conducted pursuant 
     to the Treaty between the Government of the United States of 
     America and the Government of Canada on Pacific Coast 
     Albacore Tuna Vessels and Port Privileges, signed at 
     Washington May 26, 1981, including its Annexes and any 
     amendments thereto.
       (b) Regulations.--The Secretary of Commerce, with the 
     concurrence of the Secretary of State, may--
       (1) promulgate regulations necessary to discharge the 
     obligations of the United States under the Treaty and its 
     Annexes; and
       (2) provide for the application of any such regulation to 
     any person or vessel subject to the jurisdiction of the 
     United States, wherever that person or vessel may be located.
       (c) Enforcement.--
       (1) In general.--The Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1801 et seq.) shall be enforced 
     as if subsection (a) were a provision of that Act. Any 
     reference in the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.) to ``this Act'' or to 
     any provision of that Act, shall be considered to be a 
     reference to that Act as it would be in effect if subsection 
     (a) were a provision of that Act.
       (2) Regulations.--The regulations promulgated under 
     subsection (b), shall be enforced as if--
       (A) subsection (a) were a provision of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1801 et 
     seq.); and
       (B) the regulations were promulgated under that Act.

     SEC. 402. SOUTH PACIFIC TUNA TREATY ACT AMENDMENT.

       Section 6 of the South Pacific Tuna Act of 1988 (16 U.S.C. 
     973d(a)) is amended by striking ``outside of the 200 nautical 
     mile fisheries zones of the Pacific Island Parties.'' and 
     inserting ``or to fishing by vessels using the longline 
     method in the high seas areas of the Treaty area.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Maryland (Mr. Gilchrest) and the gentleman from New Mexico (Mr. Udall) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Maryland (Mr. Gilchrest).
  Mr. GILCHREST. Mr. Speaker, I yield myself such time as I may 
consume.
  H.R. 2584 passed the House on November 11, 2003, by voice vote. The 
bill, as passed by the House, included a number of important provisions 
including the transfer of a decommissioned NOAA vessel to the local 
government of the Utrok Atoll, the reauthorization of the Yukon River 
Salmon Act of 2000, the reauthorization of the Fishermen's Protective 
Act of 1967, and a provision to correct and ratify certain promotions 
within the National Oceanic and Atmospheric Administration Commissioned 
Corps.
  The Senate has made several additions to the legislation which make 
it a stronger conservation measure. These additions include language to 
implement the Pacific Albacore Tuna Treaty, a measure which will help 
ensure the sustainable conservation and management of the albacore tuna 
fishery shared by the United States and Canada; and language to allow 
certain U.S. fishing vessels access to South Pacific tuna stocks 
consistent with revisions to the 1988 South Pacific Tuna

[[Page H1599]]

Treaty. The bill was further amended to strike a provision of the 
Consolidated Appropriations Act of 2004, which would have delayed the 
implementation of important conservation and management measures in the 
Northeast multispecies fishery management plan. This provision is 
important to the continued rebuilding process for New England 
groundfish stocks and to meet court-ordered timetables.
  Finally, the amendments include a requirement that a plan for the use 
of the decommissioned vessel be submitted to Congress by the local 
government of the Utrok Atoll in consultation with the government of 
the Republic of the Marshall Islands.
  I urge Members to support these important provisions by voting 
``aye'' on the legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. UDALL of New Mexico. Mr. Speaker, I yield myself such time as I 
may consume.
  (Mr. UDALL of New Mexico asked and was given permission to revise and 
extend his remarks.)
  Mr. UDALL of New Mexico. Mr. Speaker, let me thank the gentleman from 
Maryland for his hard work and his leadership on this bill.
  H.R. 2584 is a noncontroversial piece of legislation previously 
passed by the House on November 21, 2003, that would convey a 
decommissioned National Oceanic and Atmospheric Administration, or 
NOAA, research vessel, to the local government of Utrok Atoll located 
in the Republic of the Marshall Islands. The conveyance of this vessel 
will allow more convenient transportation for the residents of Utrok 
Atoll who have to make a 265-mile trip to the neighboring island of 
Majuro to receive testing and critical medical treatments as a result 
of the U.S. nuclear testing program we conducted in the Northern 
Marshall Islands between 1946 and 1958.
  I commend the Delegate from American Samoa for introducing this 
legislation to help alleviate the burden shared by the residents of 
this very remote atoll in the Pacific Ocean.
  H.R. 2584 also contains an important provision to address procedural 
lapses in promotions and appointments within NOAA's commissioned 
officer corps. It is important not to disrupt the NOAA corps chain of 
command while our Nation is at war against terrorism. This provision 
should prevent any future operational or command dysfunctions from 
arising, and we should act expeditiously to pass it.
  This legislation as amended by the other body also contains 
provisions passed last year by the House in H.R. 2408 to reauthorize 
the Fishermen's Protective Act and the Yukon River Salmon Act, and two 
amendments to reauthorize and clarify fisheries management agreements 
concerning tuna in the Pacific Ocean. None of these are controversial.
  I urge Members on both sides to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GILCHREST. Mr. Speaker, I yield myself such time as I may 
consume.
  I would like to thank the gentleman from American Samoa (Mr. 
Faleomavaega), the gentleman from New Mexico (Mr. Udall), and the staff 
on both sides of the aisle for helping to bring this measure to the 
floor. I hope for a unanimous vote later on this afternoon.
  Mr. Speaker, I include for the Record an exchange of letters between 
the chairman of the Committee on Science and the chairman of the 
Committee on Resources regarding this legislation.

                                         House of Representatives,


                                         Committee on Science,

                                   Washington, DC, March 26, 2004.
     Hon. Richard W. Pombo,
     Chairman, Committee on Resources, House of Representatives, 
         Longworth House Office Building, Washington, DC.
       Dear Mr. Chairman: I understand that the House plans to 
     take up H.R. 2584 as amended by the Senate. Thank you for 
     your support in having the Committee on Science added to the 
     list of Committees to which the Utrok Atoll local government 
     must report after receipt and use of the decommissioned 
     National Oceanic and Atmospheric Administration ship.
       The Committee on Science supports passage of this bill as 
     amended, but wishes to clarify the Committee's jurisdiction 
     over the NOAA Corps. Based on conversations with the Office 
     of the Parliamentarian, the Committee on Science understands 
     it would receive a sequential referral of legislation 
     involving the NOAA Corps.
       Recognizing your wish that the House of Representatives 
     consider this bill as soon as possible, I will not exercise 
     the Committee's right to a sequential referral of H.R. 2584 
     based on the Committee's jurisdiction over the NOAA Corps. 
     This decision to forgo a sequential referral does not waive 
     the Committee's future jurisdiction over the NOAA Corps.
       I ask that you include our exchange of letters on this 
     matter in Congressional Record during floor consideration of 
     H.R. 2584.
       Thank you for your consideration regarding this matter.
           Sincerely,
                                             Sherwood L. Boehlert,
     Chairman.
                                  ____

                                         House of Representatives,


                                       Committee on Resources,

                                   Washington, DC, March 26, 2004.
     Hon. Sherwood Boehlert,
     Chairman, Committee on Science,
     Rayburn HOB, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding H.R. 
     2584, a bill to provide for the conveyance to the Utrok Atoll 
     local government of a decommissioned National Oceanic and 
     Atmospheric Administration ship, and for other purposes. The 
     Senate has returned the bill to us with additional provisions 
     and I appreciate your cooperation in allowing it to be 
     considered expeditiously by the House of Representatives.
       Based on discussions with the Office of the 
     Parliamentarian, the Committee on Science would be entitled 
     to a sequential referral of the portion of the bill 
     containing the text of S. 886, which was added to H.R. 2584 
     during the original Floor consideration of the bill on 
     November 21, 2003. Because the Committee on Resources plans 
     to consider S. 886 only in the context of H.R. 2584, I 
     appreciate your willingness not to seek a referral of the 
     amended bill. By doing so, I agree that the Committee on 
     Science does not waive jurisdiction over this provision, nor 
     does it serve as precedent for any future referrals. In 
     addition, I will be happy to include our exchange of letters 
     on this issue in the Congressional Record at the appropriate 
     time.
       Thank you again for your cooperation on this and many other 
     issues between our committees.
           Sincerely,
                                                 Richard W. Pombo.

  Mr. FALEOMAVAEGA. Mr. Speaker, again, I rise in support of H.R. 2584, 
a bill I introduced to assist our friends from Utrok Atoll as they 
continue efforts to resettle and rehabilitate their islands as a result 
of the effects of the United States nuclear testing in the Republic of 
the Marshall Islands (RMI).
  At this time, I would like to thank Chairman Richard Pombo and 
Ranking Member Nick Rahall of the Resources Committee for their 
continued support of Pacific Island issues. I would also like to thank 
my distinguished colleagues and co-sponsors--Congressmen Anibal 
Acevedo-Vila, Dan Burton, John Doolittle, Elton Gallegly, Jeff Flake, 
and Congresswoman Madeleine Bordallo.
  I would also like to thank members of the Senate for voting in favor 
of this legislation. The purpose of this legislation is to authorize 
the Secretary of Commerce to convey a decommissioned, operable NOAA 
vessel to the Government of Utrok. The vessel will be used to provide 
support for radiological monitoring, rehabilitation and resettlement of 
Utrok, an atoll that is part of the Republic of the Marshall Islands.
  During the 1940s and 50s, many of the Marshall Island atolls were 
devastated by the effects of U.S. nuclear testing activities. From 1946 
to 1958, the United States detonated 67 nuclear weapons in the Marshall 
Islands, representing nearly 80 percent of all atmospheric tests ever 
conducted by the United States. If one were to calculate the net yield 
of these tests, it would be equivalent to the detonation of 1.7 
Hiroshima bombs every day for 12 years.
  On March 1, 1954, at 6:45 a.m. at the Bikini Atoll in the Marshall 
Islands, the United States detonated the Bravo shot, a 15 megaton 
hydrogen bomb 1,000 times more powerful than the bomb dropped on 
Hiroshima. Acknowledged as the greatest nuclear explosion ever 
detonated, the Bravo test vaporized 6 islands and created a mushroom 
cloud 25 miles in diameter.
  Residents of Utrok atoll were forced to evacuate 72 hours after the 
miscalculated Bravo shot. Two months later, the U.S. assured the people 
of Utrok that it was safe to return home. The U.S. now acknowledges 
that it was a grave mistake to return the people to Utrok only 2 months 
after the detonation of Bravo.
  Utrok residents have since suffered severe health problems and 
genetic anomalies. Today, the people of Utrok are seeking to 
rehabilitate their home island so that it is a safe place to live. Last 
year, a comprehensive scientific report recommended a potassium 
fertilizer treatment to accompany the ongoing resettlement process on 
Utrok, a treatment which would suppress the remaining radioactive 
Cesium-137 in the soil and prevent its further uptake in the food 
supply.

[[Page H1600]]

  In addition, the U.S. Department of Energy (DOE) concluded a 
Memorandum of Understanding (MOU) with Utrok that committed the DOE to 
build a Whole Body Counting (WBC) facility in order to monitor 
radioactivity levels in the people of Utrok. This new facility is 
located about 265 miles away in Majuro and will be used to ensure that 
the potassium fertilizer regime is effective and the administration of 
the fertilizer treatment is done properly.
  However, Utrok residents are responsible for their own transportation 
to Majuro. Transportation by plane is expensive and available only once 
per week. Air service is also unreliable as the Utrok runway is in 
disrepair and the airline often declines to land. Travel by commercial 
ships, although less expensive, is infrequent.
  One solution to help facilitate transport between Utrok and Majuro is 
to transfer a decommissioned NOAA vessel to the Utrok Atoll Local 
Government. In addition to transport of Utrok residents to the WBC 
facility, the vessel will be used for moving several tons of potassium 
fertilizer, transporting equipment and materials for radiological 
remediation, and transporting USDA food supplies. Because of the 
Cesium-137 contamination in locally grown food, at least 50 percent of 
the diet of Utrok residents must be imported to limit the risk of 
radiological poisoning.
  The Utrok Atoll Local Government fully supports this measure and 
adopted a resolution (022-03) on July 4th 2003 stating that the NOAA 
vessel transfer would be ``one of the crucial needs that will fully 
support our future goals to develop, rehabilitate and resettle the 
atoll after the aftermath of the Bravo fallout.'' The Utrok Government 
also expects the ship to be available for use by other atolls for their 
respective communities, who will help pay for the ongoing maintenance 
of the vessel.
  As the Ranking Member of the House International Relations 
Subcommittee on Asia and the Pacific, I am hopeful that this bill will 
remind Congress of our ongoing responsibility to the people of RMI for 
the mistakes the United States made regarding its nuclear testing 
activities in the Asia Pacific region. Once again, I thank my 
colleagues in the House and Senate for their support and I urge final 
passage of this important legislation.
  Mr. UDALL of New Mexico. Mr. Speaker, I yield back the balance of my 
time.
  Mr. GILCHREST. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Maryland (Mr. Gilchrest) that the House suspend the 
rules and concur in the Senate amendments to the bill, H.R. 2584.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. GILCHREST. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________