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# Legislative Bulletin....................................................June 26, 2006

**Contents:**

> **S.Con.Res. 103** --- A concurrent resolution to correct the
> enrollment of the bill H.R. 889\
> **Conference Report on H.R. 889** --- Coast Guard and Maritime
> Transportation Act of 2006\
> **H.R. 4843** --- Veterans' Compensation Cost-of-Living Adjustment Act
> of 2006\
> **H.Res. 887---**- Congratulating the Miami Heat for winning the 2006
> NBA Championship
>
> **H.Res. 881** --- Congratulating the National Hockey League
> Champions, the Carolina Hurricanes, on their victory in the 2006
> Stanley Cup Finals\
> **H.R. 4416** --- To reauthorize permanently the use of penalty and
> franked mail in efforts relating to the location and recovery of
> missing children

S.Con.Res. 103---A concurrent resolution to correct the enrollment of
the bill H.R. 889---*as received* (Sen. Stevens, R-AK)

**[Order of Business]{.underline}**: The resolution is scheduled to be
considered on Monday, June 26^th^, under a motion to suspend the rules
and pass the resolution. It is possible that the resolution will instead
be considered by unanimous consent. On June 22, 2006, the Senate passed
the resolution by unanimous consent.

**[Summary]{.underline}**: S.Con.Res. 103 would amend section 414 of the
Conference Report for H.R. 889 (Coast Guard Authorization).
Specifically, the resolution would direct the Clerk of the House, before
finalizing the enrollment of H.R. 889, to strike the provision
prohibiting an offshore wind energy facility from being constructed in
Nantucket Sound, Massachusetts, without approval from the Commandant of
the Coast Guard, and replace it with language directing the Coast Guard
to specify the "reasonable terms and conditions" necessary to provide
for navigational safety with respect to a lease, easement, or
right-of-way for an offshore wind energy facility in Nantucket Sound
(and to incorporate such terms and conditions into the lease, easement,
or right-of-way).

**[Additional Background]{.underline}**: Post-conference disagreements
about this provision have delayed the consideration of the Conference
Report for H.R. 889 for nearly three months

**[Committee Action]{.underline}**: The Senate-passed resolution is
being held at the desk in the House and thus was not referred to any
committee.

**[Administration Position]{.underline}**: An Administration position on
this resolution is not known.

**[Cost to Taxpayers]{.underline}**: The resolution would not have any
implications for federal spending.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[Constitutional Authority]{.underline}**: A committee report citing
constitutional authority is unavailable.

**[RSC Staff Contact]{.underline}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718

H.R. 889---Coast Guard and Maritime Transportation Act Conference Report
(Young, R-AK)

**[Order of Business]{.underline}**: The conference report is scheduled
to be considered on Monday, June 26^th^, under a motion to suspend the
rules and pass the bill. On September 15, 2005, the House passed H.R.
889 by a unanimous vote of 415-0:
<http://clerk.house.gov/evs/2005/roll474.xml>. On October 27, 2005, the
Senate amended and passed H.R. 889 by unanimous consent. The Conference
Report was filed on April 6, 2006, but was held up because of the issue
addressed in S.Con.Res. 103 (see other RSC Legislative Bulletin).

**[Summary]{.underline}**: The Conference Report for H.R. 889 would
authorize appropriations, provide for marine safety, and make other
adjustments to Coast Guard policy and management. Highlights are below.

***Authorization of Appropriations***

Coast Guard Authorizations

(Millions of Dollars)

  ------------------------------- ---------------------------------------
  **Account**                     **FY2006**

  Operations & Maintenance        5,633.9

  Acquisition & Construction      1,903.8

  Research & Development          24.0

  Retired Pay                     1,014.1\*

  Bridge Alteration               37.4

  Environmental Compliance        12.0

  Coast Guard Reserve             119.0

  **TOTAL**                       **8,744.2**
  ------------------------------- ---------------------------------------

> \*Not subject to appropriation.

[]{.mark}

-   Authorizes the hiring of 45,500 (same as last year) active-duty
    Coast Guard personnel for the end of FY2006. At the end of FY2003,
    approximately 37,000 active-duty personnel were serving in the Coast
    Guard.

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-   Authorizes an additional \$60 million in FY2005 for the Coast Guard
    for emergency disaster relief for Hurricane Katrina.

***Coast Guard Management***

[]{.mark}

-   Codifies the expansion of U.S. territorial waters from three
    nautical miles to twelve nautical miles from shore that was
    originally established by Presidential Proclamation Number 5928 on
    December 27, 1988.

-   Authorizes the Coast Guard, in coordination with the Secretary of
    State, to provide international training and other such technical
    assistance to international navies, coast guards, and maritime
    authorities during regular Coast Guard operations, without requiring
    specific approval.

-   Authorizes the Secretary of Homeland Security to award consolidated,
    fixed-price, single-proposal, design-and-build contracts on the
    basis of price and other such evaluation criteria.

-   Authorizes the Secretary to order Coast Guard Reservists to active
    duty, for not more than sixty days in any four-month period and not
    more than one hundred twenty days in any two-year period, to augment
    Coast Guard active duty forces.

-   Provides certain liability protections for members of the Coast
    Guard Auxiliary when a member uses his own vehicle to tow his own
    boat or auxiliary equipment that has been designated for Coast Guard
    use.

-   Directs the Commandant of the Coast Guard to develop regulations to
    award fellowships in Coast Guard history to graduate students who
    agree to prepare their doctoral dissertations on issues related to
    the history of the Coast Guard.

[]{.mark}

***Shipping and Navigation***

[]{.mark}

-   Provides that **[all]{.underline}** ferries (not just ferries that
    charge fees) are treated as passenger vessels for the purpose of
    Coast Guard regulations, inspections, and fees. CBO estimates that
    this provision should yield the Coast Guard an additional \$200,000
    each year in offsetting receipts.

-   Requires that pilotage ratemaking for the Great Lakes occur annually
    (instead of the current multi-year ratemaking, which can lead to
    large changes in rates) and devotes four full-time equivalent
    employees to this annual process. Full rule-making would have to
    occur every five years.

-   Replaces the requirement that the United States, in drug-smuggling
    cases, receive a [denial]{.underline} of a vessel's claim of
    registry from a foreign country before asserting jurisdiction over a
    vessel with the requirement that the U.S. receive only a certified
    [response]{.underline} in any medium from the foreign government.

-   Directs the Secretary of Transportation to implement a new program
    to promote the transportation of liquefied natural gas (LNG) to the
    United States on U.S.-flag vessels. The Secretary would have to
    prioritize the processing of licenses for LNG facilities that would
    be supplied by these U.S.-flagged vessels.

-   Enhances civil penalties for violations of the Maritime
    Transportation Security Act.

-   Authorizes the use of foreign citizens who are not considered seamen
    and who do not carry out watch-standing functions aboard a vessel to
    carry out certain repair work on U.S.-flag vessels while underway
    when U.S. citizens or residents are unavailable to complete the work
    (for not more than 60 days in each calendar year).

***Miscellaneous***

[]{.mark}

-   Prohibits the construction of an offshore wind energy facility in
    Nantucket Sound, unless approved by the Commandant of the Coast
    Guard. (See RSC Legislative Bulletin for S.Con.Res. 103.)

-   Authorizes such sums in FY2006, FY2007, and FY2008 for a pilot
    program for long-range tracking of up to 2,000 vessels using
    satellite systems (with the assistance of an existing non-profit
    maritime organization).

-   Directs the Secretary to report to Congress on the adequacy of air
    and surface assets in three specific locations in Louisiana,
    Michigan, and Puerto Rico to carry out the Coast Guard's missions of
    search and rescue, illegal drug and migrant interdiction, and
    fisheries law enforcement.

-   Authorizes the Secretary to carry out a pilot program to establish a
    Coast Guard junior reserve officers training program in cooperation
    with Camden County High School in Camden County, North Carolina.

-   Instructs the Secretary to submit (within 30 days of enactment of
    this legislation) a complete implementation plan to Congress for the
    Integrated Deepwater Program. (The Deepwater Program will replace or
    modernize more than 90 ships and 200 aircraft used in the Coast
    Guard's deepwater missions, which generally occur more than 50 miles
    offshore.)

-   Directs the Coast Guard to study and report to Congress on the
    pollution of Newtown Creek in New York City caused by oil seepage
    from Greenpoint, Brooklyn.

-   Authorizes the Secretary to transfer \$1 million to the Department
    of Commerce for the purposes of awarding a competitive grant to
    design, develop, and prototype a device that integrates a Class B
    Automatic Identification System (AIS) transponder with an
    FCC-approved wireless maritime data device.

-   Directs the Coast Guard to report to Congress on the costs and
    benefits of carriage of a voice data recorder aboard ferries that
    carry 400 or more passengers.

-   Authorizes \$400,000 for the Coast Guard to carry out an assessment
    of and planning for the impact of an Arctic Sea Route on the
    indigenous people of Alaska.

***Lighthouses***

[]{.mark}

-   Transfers the authority for various lighthouses from the Department
    of Agriculture to the Coast Guard.

***Delaware River Protection***

-   Includes the entire text of Rep. LoBiondo's Delaware River
    Protection Act (H.R. 1412), which passed the House on June 27, 2005,
    with just a few minor amendments. See summary here:
    [http://johnshadegg.house.gov/rsc/LB%206-27-05.pdf](http://johnshadegg.house.gov/rsc/LB 6-27-05.pdf).

***Hurricane Response***

-   Provides for reimbursements (subject to appropriations) of federal
    employees who were connected with Coast Guard stations in Louisiana,
    Mississippi, or Alabama for 85% of the fair market value of their
    destroyed residences or 100% of their remaining mortgages. An owner
    receiving this reimbursement would have to transfer to the Secretary
    all right, title, and interest of the owner in the relevant
    property.

-   Authorizes one-year extensions for licenses, certificates of
    registry, and Merchant Mariners' documents for residents of
    Louisiana, Mississippi, or Alabama, or for individuals whose records
    were destroyed in the Coast Guard facility in New Orleans
    (regardless of residence). Extension authority expires April 1,
    2007.

-   Authorizes six-month extensions for inspection certificates for
    vessels inspected by a Coast Guard Marine Safety Office located in
    Alabama, Mississippi, or Louisiana. Extension authority expires
    April 1, 2007.

-   Preserves up to 90 days of accumulated leave that would otherwise be
    lost for Coast Guardsmen who were stationed in, or assisted with,
    operations in the areas that were affected by Hurricane Katrina.

-   Directs the Coast Guard to analyze the impacts of Hurricane Katrina
    on Coast Guard assets and operations, the Coast Guard's preparedness
    for such a storm, the Coast Guard's capabilities to communicate
    during and after the storm, and the financial impacts that increases
    in fuel prices had on Coast Guard operations in FY2005 and FY2006.

-   Directs the Coast Guard to report to Congress on the impacts that
    Hurricane Katrina had on navigable waterways and on the response of
    the Coast Guard to such impacts.

***Ocean Commission Recommendations***

-   Directs the Secretary of the department in which the Coast Guard is
    operating to work with responsible officials and agencies of other
    nations to accelerate efforts at the International Maritime
    Organization (IMO) to enhance flag-state oversight and enforcement
    of security, environmental, and other agreements adopted within the
    IMO.

-   Directs the Coast Guard to, in consultation with appropriate
    federal, state, and local government agencies, undertake outreach
    programs for educating the owners and operators of boats using
    two-stroke engines about the pollution associated with such engines,
    and to support voluntary programs to reduce such pollution and
    encourage the early replacement of older two-stroke engines.

-   Directs the Coast Guard to integrate vessel monitoring system data
    into its maritime operations databases for the purpose of improving
    monitoring and enforcement of federal fisheries laws and to work
    with the Undersecretary of Commerce for Oceans and Atmosphere to
    ensure effective use of such data for monitoring and enforcement.

-   Requires the Coast Guard to report on steps that it will take to
    improve its detection and interdiction of illegal incursions into
    the U.S. exclusive economic zone (and the Bering Sea) by foreign
    fishing vessels.

***Technical Corrections***

-   Makes dozens of truly technical corrections.

**[Additional Background]{.underline}**: The Transportation and
Infrastructure Committee provided the following background on the Coast
Guard:

> The United States Coast Guard was established on January 28, 1915,
> through the consolidation of the Revenue Cutter Service (established
> in 1790) and the Lifesaving Service (established in 1848). The Coast
> Guard later assumed the duties of three other agencies: the Lighthouse
> Service (established in 1789), the Steamboat Inspection Service
> (established in 1838), and the Bureau of Navigation (established in
> 1884).
>
> Under section 2 of title 14, United States Code, the Coast Guard has
> primary responsibility to enforce or assist in the enforcement of all
> applicable Federal laws on, under, and over the high seas and waters
> subject to the jurisdiction of the United States; to ensure safety to
> life and property at sea; to protect the marine environment; to carry
> out domestic and international icebreaking activities; and to ensure
> the safety and security of vessels, ports, waterways, and related
> facilities.
>
> As the fifth armed force of the United States, the Coast Guard also
> maintain defense readiness to operate as a specialized service in the
> Navy upon the declaration of war on when the President directs. The
> Coast Guard is composed of approximately 40,000 active duty military
> personnel, 8,100 reservists, 6,100 civilian employees, and 37,000
> volunteers of the Coast Guard Auxiliary. The Coast Guard has defended
> the Nation in every war since 1790.

To read the RSC Legislative Bulletin on H.R. 889, as it first came
before the House last year, visit this webpage:
[http://www.house.gov/pence/rsc/doc/LB%2009-15-05.pdf](http://www.house.gov/pence/rsc/doc/LB 09-15-05.pdf).

**[Committee Action]{.underline}**: On April 13, 2005, the Subcommittee
on Coast Guard and Maritime Transportation marked up and forwarded the
bill to the full Transportation and Infrastructure Committee by voice
vote. On May 18, 2005, the full committee marked up and, by voice vote,
ordered the bill reported to the full House.

**[Administration Position]{.underline}**: Although a Statement of
Administration Policy (SAP) for the Conference Report is not available,
the SAP for the House version of H.R. 889 expressed strong support for
the legislation:
<http://www.whitehouse.gov/omb/legislative/sap/109-1/hr889sap-h.pdf>.

**[Cost to Taxpayers]{.underline}**: A CBO estimate for the Conference
Report is unavailable. The Conference Report would authorize \$7.730
billion in FY2006. The \$1.014 billion for retired pay (see table above)
is considered to be an entitlement and thus is not subject to
appropriation. CBO previously estimated that this legislation's ferries
provision would yield the Coast Guard an additional \$200,000 a year in
offsetting receipts (a credit against mandatory spending).

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, it would expand the regulatory reach of
the Coast Guard (to ferries that don't charge passengers a fee) and
would create at least four new federal programs.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: Yes. CBO reported previously
that "subjecting ferries that do not charge passengers a fee to Coast
Guard regulation would constitute an intergovernmental mandate."

**[Constitutional Authority]{.underline}**: The Transportation and
Infrastructure Committee, in House Report 109-204, cites constitutional
authority in Article I, Section 8, but fails to cite a specific clause.
Clause 3 of House Rule XIII, Section d(1), requires that all committee
reports contain "a statement citing the *specific* powers granted to
Congress in the Constitution to enact the law proposed by the bill or
joint resolution." *\[emphasis added\]*

**[RSC Staff Contact]{.underline}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718.

**H.R. 4843** --- **Veterans Compensation Cost-of-Living Adjustment Act
of 2006**

--- *as amended* (Miller, R-FL)

**[Order of Business]{.underline}**: The bill is scheduled for
consideration on Monday, June 26, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}**: H.R. 4843 provides a cost-of-living
adjustment (COLA) for disability compensation for veterans with
service-connected disabilities and for dependency and indemnity
compensation for survivors of certain service-connected disabled
veterans. The COLA is equal to the increase provided under the Social
Security Act (based on changes in the Consumer Price Index), effective
December 1, 2006. H.R. 4843 also increases the COLA for payments to
surviving spouses with dependent children under age 18. According CBO,
"Under current law, surviving spouses who are eligible for Dependency
and Indemnity Compensation (DIC) and have one or more children under age
18 have their monthly DIC payment increased by \$250 for up to two years
from the date that the survivor

becomes eligible for DIC. \[This Act\] would increase the \$250 benefit
by the same cost-of living

adjustment payable to Social Security recipients on December 1, 2006."

**[Committee Action]{.underline}**: On March 2, 2006, the bill was
introduced and referred to the House Committee on Veterans' Affairs,
which considered it, held a mark-up, and reported it to the full House,
as amended, by voice vote on June 23, 2005.

**[Cost to Taxpayers]{.underline}**: According to CBO, "Because the COLA
is assumed in CBO's baseline, the COLA provision would have no budgetary
effect relative to that baseline. \[However,\] relative to current law,
CBO estimates that enacting this bill would increase spending for these
programs by \$530 million in 2007. (The annualized cost would be about
\$710 million in subsequent years.)" In addition, CBO estimates that
enacting the DIC provision will increase direct spending by less than
\$200,000

in 2007, and by \$1 million over the 2007-2011 period.

[]{.mark}

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[Constitutional Authority]{.underline}**: The Committee finds
authority in Article I, Section 8 (provides for the common defense and
general welfare) of the United States Constitution. House Rule XIII,
Section 3(d)(1), requires that all committee reports contain "a
statement citing the *specific* powers granted to Congress in the
Constitution to enact the law proposed by the bill or joint resolution"
*(emphasis added).*

**[RSC Staff Contact]{.underline}**: Joelle Cannon;
<joelle.cannon@mail.house.gov>, (202) 226-0718

H. Res. 887 --- Congratulating the Miami Heat for winning the 2006 NBA
Championship --- *as introduced* (Ros-Lehtinen, R-FL)

**[Order of Business]{.underline}**: The resolution is scheduled for
consideration on Monday, June 26, 2006, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H. Res. 887 resolves that Congress:

-   "congratulates the Miami Heat for winning the 2006 National
    Basketball Association (NBA) World Championship and for their
    outstanding performance during the 2005-2006 NBA season;

-   "congratulates Miami Heat guard Dwyane Wade for winning the 2006 NBA
    Finals Most Valuable Player Award;

-   "recognizes and praises the achievements of the Miami Heat players,
    coaches, management, and support staff whose hard work, dedication,
    and resilience proved instrumental throughout the Miami Heat's
    championship season; and

-   "commends the south Florida community and the Miami Heat fans for
    their dedication

[]{.mark}

The resolution also lists a number of findings, including the following:

-   "on June 20, 2006, the Miami Heat defeated the Dallas Mavericks, the
    Western Conference Champions, in 6 games to win the 2006 National
    Basketball Association (NBA) Championship;

-   "the Miami Heat defeated the Chicago Bulls in 6 games in the first
    round of the NBA playoffs;

-   "the Miami Heat defeated the New Jersey Nets in 5 games in the
    second round of the NBA playoffs;

-   "in the third round of the NBA playoffs, the Miami Heat defeated the
    Detroit Pistons, their archrival and the defending Eastern
    Conference Champions, in 6 games;

-   "the Miami Heat are the first team since 1977 to win 4 NBA Finals
    games consecutively after losing the first two games, and in doing
    so, the Miami Heat made one of the most stunning turnarounds in NBA
    history;

-   "this is the first NBA championship title for the Miami Heat, which
    has long been one of the most outstanding basketball programs in the
    Nation; and

-   "in game 3 of the NBA Finals, the Miami Heat were losing by 13
    points on their home floor with only 6 minutes 30 seconds left."

Finally, H. Res. 887 directs the Clerk of the House to give a copy of
this resolution to each player of the Miami Heat and several individuals
associated with the team, including Head Coach Pat Riley.

**[Committee Action]{.underline}**: H. Res. 887 was introduced on June
22, 2006, and referred to the Committee on Government Reform, which took
no official action.

**[Cost to Taxpayers]{.underline}**: The resolution authorizes no
expenditure.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[RSC Staff Contact]{.underline}**: Marcus Kelley;
<marcus.kelley@mail.house.gov>; 202-226-9717

H. Res. 881 --- Congratulating the National Hockey League Champions, the
Carolina Hurricanes, on their victory in the 2006 Stanley Cup Finals ---
*as introduced (Price, D-NC)*

**[Order of Business]{.underline}**: The resolution is scheduled for
consideration on Monday, June 26, 2006, under a motion to suspend the
rules and pass the resolution.

**[Summary]{.underline}**: H. Res. 881 resolves "that the House of
Representatives congratulates the National Hockey League Champions, the
Carolina Hurricanes, on their victory in the 2006 Stanley Cup Finals."

[]{.mark}

The resolution lists a number of findings, including the following:

-   "on Monday, June 19, 2006, in Raleigh, North Carolina, the Carolina
    Hurricanes won the National Hockey League (NHL) Stanley Cup with a
    3-1 victory over the Edmonton Oilers in the decisive seventh game of
    the championship series;

-   "the Edmonton Oilers proved worthy opponents and should be
    congratulated for a hard-fought Stanley Cup series;

-   "the Hurricanes' win marked their first Stanley Cup title in
    franchise history; and

-   "the Hurricanes' win marked the first major professional sports
    championship won by a team from the State of North Carolina."

**[Committee Action]{.underline}**: H. Res. 881 was introduced on June
20, 2006, and referred to the Committee on Government Reform, which took
no official action.

**[Cost to Taxpayers]{.underline}**: The resolution authorizes no
expenditure.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: No.

**[RSC Staff Contact]{.underline}**: Marcus Kelley;
<marcus.kelley@mail.house.gov>; 202-226-9717

H.R. 4416 --- To reauthorize permanently the use of penalty and franked
mail in efforts relating to the location and recovery of missing
children --- *as reported* (*Millender-McDonald, D-CA*)

**[Order of Business]{.underline}:** The bill is scheduled for
consideration on Monday, June 26, 2006, under a motion to suspend the
rules and pass the bill.

**[Summary]{.underline}:** H.R. 4416 would repeal the termination of
authority to use penalty and franked mail to locate and recover missing
children. Public Law 99-87 (enacted August of 1985) authorized federal
agencies and Members of Congress to use franked mail and penalty mail
(mail that does not require postage prepayment) to include notices about
missing children. H.R. 4416 would permanently extend this authority by
striking section 5 of P.L. 99-87 (39 U.S.C. 3220 note). CBO states that
this authority was terminated in 1988, but has been used since then.

**[Committee Action]{.underline}:** H.R. 4416 was introduced on November
18, 2005, and referred to the Committee on House Government Reform. The
bill was marked-up on June 8, and it was reported to the House by voice
vote the same day.

**[Cost to Taxpayers]{.underline}:** CBO estimates that implementing
H.R. 4416 would have no significant impact on federal spending "because
the bill would codify current practice and would not affect the amount
of franked mail or penalty mail."

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}:** No.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}:** No.

**[Constitutional Authority]{.underline}:** A committee report citing
constitutional authority is unavailable.

House Rule XIII, Section 3(d)(1), requires that all committee reports
contain "a statement citing the *specific* powers granted to Congress in
the Constitution to enact the law proposed by the bill or joint
resolution." *\[emphasis added\]*

**[RSC Staff Contact]{.underline}:** Derek V. Baker;
[derek.baker@mail.house.gov](mailto:Derek.baker@mail.house.gov);
202-226-8585

\###