H. Res. 853: H.R. 3619 - Coast Guard Authorization Act of 2010

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Wednesday October 21, 2009.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 213-192 AFTER AGREEING TO THE PREVIOUS QUESTION BY A RECORD VOTE OF 236-171 on Thursday, October 22, 2009.

MANAGERS: Matsui/Diaz-Balart
111th Congress 
1st Session

H.RES 853

[Report No. 111-311]
H.R. 3619 - Coast Guard Authorization Act of 2010

1.

Structured rule. 

2.

Provides one hour of general debate, with 40 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Transportation and Infrastructure and 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Homeland Security.

3.

Waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI.

4.

Provides that the amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as an original bill for the purpose of amendment and shall be considered as read. 

5.

Waives all points of order against provisions in the bill, as amended.

6.

No amendments shall be in order except those amendments printed in the Rules Committee report accompanying the resolution.  Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.

7.

Waives all points of order against the amendments printed in the report except those arising under clause 9 or 10 of rule XXI.  In the case of sundry amendments reported from the Committee, the question of their adoption shall be put to the House en gros and without division of the question.

8.

Provides one motion to recommit with or without instructions.

9.

Provides that the Chair may entertain a motion that the Committee rise only if offered by the chair of the Committee on Transportation and Infrastructure or his designee.

10.

Provides that the Chair may not entertain a motion to strike out the enacting words of the bill.

   
 
RESOLUTION
 

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3619) to authorize appropriations for the Coast Guard for fiscal year 2010, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. General debate shall be confined to the bill and shall not exceed one hour, with 40 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Transportation and Infrastructure and 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Homeland Security. After general debate the bill shall be considered for amendment under the five-minute rule. The amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read. All points of order against provisions in the bill, as amended, are waived. Notwithstanding clause 11 of rule XVIII, no further amendment to the bill, as amended, shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question. All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. In the case of sundry amendments reported from the Committee, the question of their adoption shall be put to the House en gros and without division of the question. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. The Chair may entertain a motion that the Committee rise only if offered by the chair of the Committee on Transportation and Infrastructure or his designee. The Chair may not entertain a motion to strike out the enacting words of the bill (as described in clause 9 of rule XVIII).

   

SUMMARY OF AMENDMENTS TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

1. Oberstar (MN)

Would (1) make a number of technical corrections to the bill; (2) add language regarding the delegation of authority by the Coast Guard to classification societies; (3) clarify language regarding the enforcement of Coast Guard-imposed security zones around hazardous materials terminals and tankers; and (4) address discharges incidental to the normal operation of vessels; (5) would provide for an alternative licensing program for operators of uninspected passenger vessels on Lake Texoma in Texas and Oklahoma upon request of the Texas or Oklahoma Governors; (6) would require the Coast Guard's study of biometric identification to include facial and iris scan technology, would require the Homeland Security Secretary to study the Coast Guard's use of the combination of facial and iris recognition to rapidly identify individuals for security purposes, and would state the purpose of the study is to facilitate the use of a combination of facial and iris recognition; (7) would require the secretary of the Department the Coast Guard is operating to report to Congress on the most common types of human errors that have led to oil spills from vessels, the most common types of “near miss” oil spill incidents, and includes recommendations to address these errors, and also require the secretary to use the findings of the report to take appropriate action domestically and at the International Maritime Organization to reduce the risk of oil spills caused by human error; (8) would provide that, in conducting mission analysis along the Rio Grande under section 1324, the Secretary shall work with all appropriate entities, as needed, to facilitate the collection of information; (9) would require the Great Lakes Maritime Institute to evaluate the employment base supported by the Great Lakes marine transportation system, including the number and types of jobs, and general demographics about the employees holding those jobs, such as their gender and age; (10) would require the secretary of the Department the Coast Guard is operating to assess whether the use of transponders or RFIDs can be used to mitigate the threat of small boat attacks in major ports; would encourage the Secretary of State to enter into negotiations with Canada to ensure that tugboat escorts are required for certain tank ships in the Strait of Juan de Fuca, Strait of Georgia, and in Haro Strait. The Secretary would consult with the Coast Guard, which shall consult with the State of Washington and affected tribal governments; (11) would require that the GAO report to Congress on the Coast Guard's efforts to recruit minority candidates to the Coast Guard Academy, which would include recommendations for enhancing such efforts; (12) would extend for two years, through December 31, 2011, an authorization to complete an in-kind exchange of certain Coast Guard property in Portland, Maine, to the Gulf of Maine Aquarium Development Corporation. It also would provide that a new building adjacent to the pier and bulkhead must comply with the waterfront provisions of the City of Portland Code of Ordinances; (13) would require the Secretary to allow any individual with a pending application for a transportation security card, who needs to work in secure area, to have access to such area for that purpose through an escort by another individual with a security card. It also contains timelines for reviews of transportation security card applications.  The Secretary shall develop a process for individuals to receive the cards at their residence.  The Secretary shall establish procedures for individuals who are to be fingerprinted for transportation security cards to be fingerprinted at facilities operated by or under contract with the relevant Federal agency that engages in fingerprinting the public for transportation security or other security purposes; (14) would direct the Secretary of the department in which the Coast Guard is operating to prohibit states or political subdivision thereof from requiring separate security background checks for transportation security cards. It also permits the Secretary to waive the application of the prohibition if a compelling homeland security reason necessitates a separate security background check.

(20 minutes)

2. Mica (FL)

Would require a GAO report on (1) the background checks and forms of identification required under State and local transportation security programs; (2) a determination of whether those requirements conflict with Federal programs; (3) a determination of whether those requirements assist in carrying out state and local government safety, security and law enforcement responsibilities; and (4) recommendations on ways to minimize redundant background checks and facilitate the sharing of data with state and local governments.  It would also prohibit the secretary of the Department the Coast Guard is in from preventing a State or local government from requiring a separate background check for entry into any area covered by a vessel or facility security plan. 

(10 minutes)

3. Hastings, Alcee (FL)

Would request a study and report examining the Coast Guard's ability to respond to effects resulting from changes in U.S. immigration policy toward Haiti.

(10 minutes)

4. LoBiondo (NJ), Coble (NC)

Would require the secretary of the Department the Coast Guard is operating in to study military family housing and military unaccompanied housing available to members and officers of the Coast Guard, would authorize the Coast Guard to spend funds on child development services, would authorize the Navy Secretary to provide support services to chaplain-led programs for Coast Guard members, would authorize the President to award a Coast Guard cross and silver star when a Coast Guard member distinguishes himself or herself in armed conflict.

(10 minutes)

5. LoBiondo (NJ), Michaud (ME)

Would require the Secretary of Homeland Security, in consultation with the Transportation Secretary, to study whether there is a continued need for a supplemental air and maritime navigation system as a backup to GPS.

(10 minutes)

6. Himes (CT)

Would establish within the Department of Homeland Security the America’s Waterway Watch Program, a citizen watch program that promotes voluntary reporting of suspected terrorist activity and suspicious behavior along our waterways.  It would authorize $3 million over the course of six years for the program.  The Secretary would coordinate with other watch programs.  The Secretary may also develop instructional materials on potential threats and to promote voluntary reporting of potential violations of law, and may distribute such materials.

(10 minutes)

7. Flake, Jeff (AZ)

Would prohibit earmarking the Fishing Safety Training Grants Program.

(10 minutes)

8. Flake, Jeff (AZ)

Would prohibit earmarking the Fishing Safety Research Training Grants Program.

(10 minutes)

9. Kirkpatrick (AZ)

Would require that the Secretary of the department in which the Coast Guard is operating to develop a comprehensive strategy to combat the illicit flow of narcotics, weapons, bulk cash, and other contraband through the use of submersible and semi-submersible vessels.

(10 minutes)

10. Kratovil (MD)

Would require the Coast Guard to study the facility infrastructure requirements needed to fulfill the Coast Guard's missions and capabilities, and ensure that the department in which the Coast Guard is operating maintains the ability to utilize the latest technologies.

(10 minutes)

11. Nye (VA)

Would state that the marine safety provisions of the bill shall not impair the Coast Guard's homeland security missions.

(10 minutes)

12. Stupak (MI)

Would require a study on the effects of the Coast Guard modifying the 2004 Agreement for Outgoing Loans with Presque Isle Township, Michigan, in order to provide for the return of the Historic Fresnel Lens to the lantern room atop the Presque Isle Light Station Lighthouse, Michigan.

(10 minutes)

13. LoBiondo (NJ), Coble (NC)

Would grant limits on liability for actions taken by an owner, operator, time charterer, master or mariner to defend a U.S. flagged vessel against attack by pirates.  It also requires the secretary of the Department the Coast Guard is in to work through the International Maritime Organization to establish agreements to promote coordinated action among flag- and port-states to protect against piracy.

(10 minutes)