[House Report 108-378]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-378
======================================================================

 
                CONVEYANCE OF NOAA VESSEL TO UTROK ATOLL

                                _______
                                

 November 18, 2003.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 2584]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred 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, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2584 is to provide for the conveyance 
to the Utrok Atoll local government of a decommissioned 
National Oceanic and Atmospheric Administration ship.

                  BACKGROUND AND NEED FOR LEGISLATION

    The National Oceanic and Atmospheric Administration (NOAA) 
oceanographic research vessel that is likely to be transfer 
under this legislation is the McArthur, which was 
decommissioned on May 20, 2003. This ship is: 175 feet in 
length, has a draft of 12 feet, a displacement of more than 
1,000 tons, a cruising range of 6,600 nautical miles and 
cruising speed of ten knots. It was constructed by the Norfolk 
Shipbuilding and Drydock Company in Virginia. This vessel was 
commissioned in December of 1966 and was used by NOAA for more 
than 35 years to conduct chemical, meteorological and 
biological sampling for several large scale programs. The 
majority of the McArthur's work was performed in several 
National Marine Sanctuaries on the West Coast of the United 
States.
    The Utrok Atoll is one of the 29 low coral atolls that 
comprise the Republic of the Marshall Islands. It has a current 
population of about 600 people, and the atoll is slightly 
smaller than 1 square mile. During the period of nuclear bomb 
testing, the residents of the Utrok Atoll were exposed to the 
effects of radiation caused by a miscalculation of the effects 
of the March 1954 Bravo Hydrogen bomb test on Bikini Island. 
Regrettable, the fallout from this test drifted to several 
neighboring islands including Utrok which is approximately 255 
miles from the bomb site. Since that time, Utrok residents have 
suffered increased rates of thyroid cancer and birth defects.
    This vessel will provide an essential means of 
transportation to those living on the atoll and the 3,000 
residents living throughout the Marshall Islands to the 
Department of Energy's Whole Body Counting Facility in the city 
of Majuro. This city is the capital of the Marshall Islands and 
it is more than 250 miles from the Utrok Atoll. This facility 
was dedicated on July 19, 2003, and it is designed to monitor 
radioactivity in the people of Utrok. It is currently difficult 
to provide access to these medical facilities because of not 
only its location but the cost and infrequency of airline 
transportation. In addition, the transferred vessel will be 
used for any resettlement of residents, to transport tons of 
potassium fertilizer and equipment required for radiation 
cleanup and environmental monitoring and to periodically ship 
U.S. Department of Agriculture food to Utrok. This food is 
necessary to supplement the diet of the residents of Utrok 
because the food grown on the island is contaminated with 
radioactive Cesium-137.
    H.R. 2584 stipulates that the Secretary of Commerce may 
convey to the Utrok Atoll government all rights, title and 
interests to a decommissioned NOAA vessel. In addition, the 
legislation requires that the vessel be in operable condition 
at the time of transfer and that any responsibility or 
liability for maintaining the vessel in the future is conveyed 
to the Utrok government.

                            COMMITTEE ACTION

    H.R. 2584 was introduced on June 24, 2003, by Congressman 
Eni Faleomavaega (D-AS). The legislation was referred to the 
Committee on Resources and within the Committee to the 
Subcommittee on Fisheries Conservation, Wildlife and Oceans. On 
October 29, 2003, the Full Resources Committee met to consider 
the bill. The Subcommittee was discharged from further 
consideration of the bill by unanimous consent. No amendments 
were offered and the bill was ordered favorably reported to the 
House of Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(d)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources; oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the Committee of the costs which would be incurred in 
carrying out this bill. However, clause 3(d)(3)(B) of the rule 
provides that this requirement does not apply when the 
Committee has included in its report at timely submitted cost 
estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House Representatives 
and section 403 of the Congressional Budget act of 1974, the 
Committee has received the following cost estimate for this 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 13, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for 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.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                     Elizabeth M. Robinson,
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

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

    H.R. 2584 would authorize the Department of Commerce to 
convey without consideration a decommissioned ship to the 
government of Utrok Atoll in the Marshall Islands. Based on 
information provided by the National Oceanic and Atmospheric 
Administration, CBO estimates that implementing this bill would 
have no significant effect on the federal budget.
    The legislation would impose no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act and would impose no costs on state, local, or tribal 
governments. Under the bill, the government of the Utrok Atoll 
would be responsible for any transportation or rehabilitation 
costs associated with the conveyance.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

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

    H.R. 2584 would authorize the Department of Commerce to 
convey without consideration a decommssioned ship to the 
government of Utrok Atoll in the Marshall Islands. Based on 
information provided by the National Oceanic and Atmospheric 
Administration, CBO estimates that implementing this bill would 
have no significant effect on the federal budget.
    The legislation would impose no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act and would impose no costs on state, local, or tribal 
governments. Under the bill, the government of the Utrok Atoll 
would be responsible for any transportation or rehabilitation 
costs associated with the conveyance.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                        COMMITTEE CORRESPONDENCE

                     U.S. House of Representatives,
                                    Committee on Resources,
                                 Washington, DC, November 18, 2003.
Hon. Sherwood Boehlert,
Chairman, Committee on Science,
Rayburn House Office Building, Washington, DC.
    Dear Mr. Chairman: I ask your assistance in not seeking a 
sequential referral of H.R. 2584, to provide for the conveyance 
to the Utrok Atoll local government of a decommissioned 
National Oceanic and Atmospheric Administration ship. This 
noncontroversial bill was referred to the Committee on 
Resources, which ordered it reported without amendment by 
unanimous consent on October 29, 2003. Based on discussions 
with the Parliamentarian, the Committee on Science would be 
entitled to a sequential referral of this bill.
    By not seeking a sequential referral of H.R. 2584, I agree 
that the Committee on Science has not waived its jurisdiction 
over the measure, nor should this action be taken as precedent 
for other bills. In addition, in the unlikely event that a 
conference on H.R. 2584 becomes necessary, I would support the 
Committee on Science's request to be represented on that 
conference for those matters within its jurisdiction. Finally, 
I would be pleased to include this letter and your response in 
the bill report for H.R. 2584.
    Thank you for your consideration of my request, and I look 
forward to seeing H.R. 2584 enacted soon.
            Sincerely,
                                          Richard W. Pombo,
                                                          Chairman.
                                ------                                

                     U.S. House of Representatives,
                                      Committee on Science,
                                 Washington, DC, November 18, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources, U.S. House of Representatives, 
        Longworth House Office Building, Washington, DC.
    Dear Mr. Chairman: Thank you for your November 18, 2003 
letter concerning H.R. 2584, to provide for the conveyance to 
the Utrok Atoll local government of a decommissioned National 
Oceanic and Atmospheric Administration ship. As you state in 
your letter, the Parliamentarian agreed that the Committee on 
Science would receive a sequential referral of this bill.
    Recognizing your wish that the House of Representatives 
consider the bill as soon as possible, I will not exercise the 
Committee's right to a referral of H.R. 2584. Of course, 
waiving the Committee's right to a referral in this case does 
not waive the committee's jurisdiction over any provision in 
H.R. 2584 or similar provisions in other bills.
    I appreciate and accept your offer to support a request 
from the Committee on Science to be represented on any 
conference on H.R. 2584 or a companion bill, in the unlikely 
event one becomes necessary. Further, please include a copy of 
our exchange of letters on this matter in the Committee Report 
on H.R. 2584.
    Thank you for your consideration regarding this matter.
            Sincerely,
                                      Sherwood L. Boehlert,
                                                          Chairman.

                              
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