H.Res. 789: H.R. 4954 - Security and Accountability For Every (SAFE) Port Act

COMMITTEE ACTION: REPORTED BY A RECORD VOTE OF 7-3, on Tuesday May 2, 2006. 
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 230-196 AFTER AGREEING TO THE PREVIOUS QUESTION BY THE YEAS AND NAYS 226-200, on Wednesday May 2, 2006.

MANAGERS: SESSIONS/HASTINGS (FL)

109th Congress
2nd Session

H.RES. 789

[Report No. 109-450]

 

 

H.R. 4954 - Security and Accountability For Every (SAFE) Port Act

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 Homeland Security and 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Transportation and Infrastructure.

3.  Waives all points of order against consideration of the bill.  

4.  Provides that the amendment in the nature of a substitute recommended by the Committee on Homeland Security now printed in the bill 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 the amendment in the nature of a substitute recommended by the Committee on Homeland Security.

6.  Makes in order only those amendments printed in the Rules Committee report accompanying the resolution.

7.  Provides that the amendments printed in the report accompanying the resolution 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 in the House or in the Committee of the Whole.

8.  Waives all points of order against the amendments printed in the report.

9. Provides one motion to recommit with or without instructions.

 

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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. 4954) to improve maritime and cargo security through enhanced layered defenses, 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. General debate shall be confined to the bill and shall not exceed one hour, with 40 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Homeland Security and 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Transportation and Infrastructure. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Homeland Security now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. All points of order against the committee amendment in the nature of a substitute are waived. Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute 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 in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. 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.

 

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SUMMARY OF AMENDMENTS TO BE MADE IN ORDER
(summaries derived from information provided by sponsors)

 

1.) King (NY) #33
REVISED page and line numbersManager’s Amendment. Makes technical changes, adds several new findings on the importance of maintaining vibrant international trade, clarifies that port security grant funds can be used to address vulnerabilities in vessel and facility plans in addition to maritime security plans, and clarifies that the Domestic Nuclear Detection Office is responsible for implementing Department of Homeland Security requirements under the Global Nuclear Architecture and that any private testing performed by DNDO will confidential. Additionally, the amendment removes two provisions accepted during full committee consideration: (1) establishing a pilot program for training Coast Guard reserve officers; and (2) funding for the acceleration of Deepwater. Finally, the manager’s amendment establishes a Director of Trade policy in the DHS Office of Policy. (10 minutes)

2.) Ruppersberger (MD) #9
Requires the Secretary of the Department of Homeland Security to submit to the appropriate congressional committees an assessment study of the National Targeting Center and recommendations to strengthen the center, six months after implementation of the Act. (10 minutes)

3.) Ruppersberger (MD) #10
REVISED page and line numbers. Requires the Secretary of the Department of Homeland Security to consult with the appropriate Federal, State and local entities when determining the establishment of maritime security centers. Currently the decision on where to locate the command centers resides solely with the Secretary of the Department of Homeland Security. (10 minutes)

4.) Ruppersberger (MD) #11
REVISED page and line numbers. Advises that the Secretary of the Department of Homeland Security should, in consultation with appropriate federal, state and local officials including the Captain of the Port from the United States Coast Guard and representatives from the maritime industry to determine protocols. Currently stated the protocols are determined solely by the Secretary of the Department of Homeland Security. (10 minutes)

5.) Cuellar (TX) #28
Directs the Secretary of Homeland Security to study the specific challenges faced by land ports when calling for greater security. (10 minutes)

6.) Ryun (KS) #31
Directs the Secretary of Homeland Security to analyze portable nuclear devices under the evaluation of emerging technologies. (10 minutes)

7.) Hooley (OR) #32
LATE. Amends the definition of a cargo container security device in Sec. 1816 from: “a mechanical or electronic device designed to, at a minimum, detect unauthorized intrusion of containers”, to “a mechanical or electronic device designed to, at a minimum, positively identify containers and detect and record unauthorized intrusion of containers. Such devices shall have false alarm rates that have been demonstrated to be below one percent.’’ (10 minutes)

8.) Stupak (MI) #30
REVISED page and line numbers. Ensures that communications equipment purchased, and mechanisms for sharing terrorism threat information established, under the new Port Security Grant program are interoperable with Federal, State, and local agencies. (10 minutes)

9.) Shays (CT) #20
Requires the Department of Homeland Security (DHS) to conduct a pilot project at an overseas port similar to the Integrated Container Inspection System (ICIS) in Hong Kong. (10 minutes)

10.) Bass (NH) #2
REVISED page and line numbers. Allows states and local agencies to petition to the Secretary of the Department of Homeland Security for approval to apply for grants under this section for any activity relating to prevention of, preparation for, response to, or recovery from acts of terrorism, that would otherwise be a Federal duty performed by Federal agencies and under agreement with a the State or local government and a Federal agency. (10 minutes)

11.) Millender-McDonald (CA) #5
REVISED page and line numbers. Makes eligible the construction or enhancement of truck inspection stations in seaport communities and trade corridors by authorizing up to $20 million annually in the Port Security Grant Program. Establishes or enhances truck inspection stations for seaports, communities and trade corridors where there is a high volume of truck container traffic. These truck inspection stations will be a consolidation and coordination of seaport, community and trade corridor security needs, by providing a security check point, safety inspections and emissions control check points. (10 minutes)

12.) Jackson-Lee (TX) #13
Provides for the community to be included in disaster awareness and preparation in the form of a “Neighborhood Watch.” (10 minutes)

13.) Weiner (NY) #22
REVISED page and line numbers. Requires each port security grant recipient to report each expenditure to the Secretary of Homeland Security, who will then publish each expenditure on a publicly available website. The revision creates an exception for national security. (10 minutes)

14.) Flake (AZ) #25
REVISED. Strikes the $400 million authorization for a new Port Security Program which would block the creation of an additional federal Homeland Security grant program. (10 minutes)

15.) Sanchez (CA) #26
Prohibits the current Customs and Border Protection (CBP) practice of granting automated targeting risk score reductions to Customs Trade Partnership Against Terrorism (C-TPAT) members that have not received CBP validation of the implementation and effectiveness of their security measures (10 minutes)

 

TEXT OF THE AMENDMENTS

1.)King (NY) #33

2.)Ruppersberger (MD) #9

3.)Ruppersberger (MD) #10

4.) Ruppersberger (MD) #11

5.)Cuellar (TX) #28

6.) Ryun (KS) #31

7.)Hooley (OR) #32

8.)Stupak (MI) #30

9.)Shays (CT) #20

10.)Bass (NH) #2

11.)Millender-McDonald (CA) #5

12.)Jackson-Lee (TX) #13

13.)Weiner (NY) #22

14.)Flake (AZ) #25

15.)Sanchez (CA) #26