H.Res. 1126: H.R. 2830 - Coast Guard Authorization Act of 2007

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Tuesday April 22, 2008.
FLOOR ACTION: RULE ADOPTED BY RECORD VOTE 223-183 AFTER AGREEING TO THE PREVIOUS QUESTION BY RECORD VOTE 220-187 on Wednesday April 23, 2008.

MANAGERS: Arcuri/Sessions 

110th Congress 
2nd Session

H.RES. 1126

[Report No. 110-604]

 

H.R. 2830 – Coast Guard Authorization Act of 2007

  1. Structured rule.
  1. 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.
  1. Waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI.
  1. Provides that, in lieu of the amendments in the nature of a substitute recommended by the Committees on Transportation and Infrastructure, Homeland Security, and the Judiciary now printed in the bill, the amendment in the nature of a substitute printed in part A of the Rules Committee report accompanying the resolution shall be considered as an original bill for the purpose of amendment and shall be considered as read.
  1. Waives all points of order against the amendment in the nature of a substitute printed in part A of the Rules Committee report accompanying the resolution except those arising under clause 10 of rule XXI.  This does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).
  1. Makes in order only those further amendments printed in part B of the Rules Committee report accompanying the resolution.
  1. 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 in the House or in the Committee of the Whole.
  1. Waives all points of order against the amendments printed in part B of the Rules Committee report except for those arising under clause 9 or 10 of rule XXI.
  1. Provides one motion to recommit with or without instructions.
  1. Provides that in the engrossment of H.R. 2830, the text of H.R. 2399, as passed the House, shall be added at the end of H.R. 2830.
  1. Provides that, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to a time designated by the Speaker.
  2. Authorizes the chairman of the Committee on the Judiciary to file a supplemental report on H.R. 2830.

—————

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. 2830) to authorize appropriations for the Coast Guard for fiscal year 2008, 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 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.  After general debate the bill shall be considered for amendment under the five-minute rule.  In lieu of the amendments in the nature of a substitute recommended by the Committees on Transportation and Infrastructure, Homeland Security, and the Judiciary now printed in the bill, 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 printed in part A of the report of the Committee on Rules accompanying this resolution.  That amendment in the nature of a substitute shall be considered as read.  All points of order against that amendment in the nature of a substitute are waived except those arising under clause 10 of rule XXI. Notwithstanding clause 11 of rule XVIII, no amendment to that amendment in the nature of a substitute shall be in order except those printed in part B of the report of the Committee on Rules. Each 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 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 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 amendment in the nature of a substitute made in order as original text. 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. In the engrossment of H.R. 2830, the Clerk shall--

            (a) add the text of H.R. 2399, as passed by the House, as new matter at the end of H.R. 2830;

            (b) conform the title of H.R. 2830 to reflect the addition to the engrossment of H.R. 2399;

            (c) assign appropriate designations to provisions within the engrossment; and

            (d) conform provisions for short titles within the engrossment.

            Sec. 3.  During consideration in the House of H.R. 2830 pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to such time as may be designated by the Speaker.

            Sec. 4.  The chairman of the Committee on the Judiciary is authorized, on behalf of the Committee, to file a supplemental report to accompany H.R. 2830.

SUMMARY OF AMENDMENT IN PART A TO BE MADE IN ORDER AS ORIGINAL TEXT

            The amendment in the nature of a substitute increases FY08 funding to the Coast Guard to $8.4 billion.  It increases the authorized number of Coast Guard personnel by 1,500 members, to 47,000.  The amendment in the nature of a substitute increases maritime security response teams.  It mandates protection and enforcement of security zones encompassing all Liquefied Natural Gas (LNG) areas by the Coast Guard.  It requires certification that the Coast Guard has adequate resources to provide such protection.  It directs the Department of Homeland Security to provide an analysis of the threat and consequences of a terrorist attack on gasoline and chemical shipments and report the findings to Congress.  The amendment in the nature of a substitute establishes an Assistant Commandant for Port and Waterways Security responsible for overseeing all regulations dealing with security in ports and waterways.  It eliminates Lead System Integrators for the Deepwater Program, establishing instead a civilian Chief Acquisitions Officer reporting directly to the Coast Guard Commandant.  It increases safety requirements on commercial fishing vessels and mandates training for operators.  It requires lower emissions of sulfur oxide and nitrogen oxide so that ships meet EPA standards and the complies with an international maritime pollution convention.  It requires double hulls on ships carrying more than 600 cubic meters of oil.  It requires ships to begin installing ballast water treatment systems to protect against the introduction of invasive species into ports and waterways.  The amendment would consider all Coast Guard vessels homeported in Guam as ineligible to receive repairs at foreign shipyards.  It would require the Coast Guard Academy to establish a policy on sexual harassment.  It would authorize the Coast Guard to issue regulations requiring licensed pilots to carry portable electronic devices for navigation.  Finally, it would require the EPA to study the underground petroleum spill on the Brooklyn shoreline.

Text of Amendment in the Nature of a Substitute

SUMMARY OF AMENDMENTS IN PART B TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

*select the name of the amendment sponsor to retrieve amendment text in .pdf format 

1. Oberstar (MN):

The amendment in the nature of a substitute increases FY08 funding to the Coast Guard to $8.4 billion.  It increases the authorized number of Coast Guard personnel by 1,500 members, to 47,000.  The amendment in the nature of a substitute increases maritime security response teams.  It mandates protection and enforcement of security zones encompassing all Liquefied Natural Gas (LNG) areas by the Coast Guard.  It requires certification that the Coast Guard has adequate resources to provide such protection.  It directs the Department of Homeland Security to provide an analysis of the threat and consequences of a terrorist attack on gasoline and chemical shipments and report the findings to Congress.  The amendment in the nature of a substitute establishes an Assistant Commandant for Port and Waterways Security responsible for overseeing all regulations dealing with security in ports and waterways.  It eliminates Lead System Integrators for the Deepwater Program, establishing instead a civilian Chief Acquisitions Officer reporting directly to the Coast Guard Commandant.  It increases safety requirements on commercial fishing vessels and mandates training for operators.  It requires lower emissions of sulfur oxide and nitrogen oxide so that ships meet EPA standards and the complies with an international maritime pollution convention.  It requires double hulls on ships carrying more than 600 cubic meters of oil.  It requires ships to begin installing ballast water treatment systems to protect against the introduction of invasive species into ports and waterways.  The amendment would consider all Coast Guard vessels homeported in Guam as ineligible to receive repairs at foreign shipyards.  It would require the Coast Guard Academy to establish a policy on sexual harassment.  It would authorize the Coast Guard to issue regulations requiring licensed pilots to carry portable electronic devices for navigation.  Finally, it would require the EPA to study the underground petroleum spill on the Brooklyn shoreline.

 (10 minutes)

2. LaTourette (OH)/Boustany (LA):

Would amend section 720 of the substitute (regarding waterside security around liquified natural gas tankers and terminals) to state that the Coast Guard may consider security assets and personnel provided by state and local officials contracted or otherwise made available to an LNG terminal operator in determining whether security resources are available to carry out necessary waterside security measures.

 (10 minutes)

3. Matsui (CA)/Poe (TX)/Maloney (NY)/Shays (CT):

Would require the Secretary of the department in which the Coast Guard is operating to maintain on an Internet site a numerical accounting of missing persons and alleged crimes committed on cruise ships.  The database would be updated quarterly and aggregated by cruise line.  The amendment would require cruise lines to include a link to this database on their public websites.

 (10 minutes)

4. Poe (TX):

Would state the findings of Congress that stateless submersible or semi-submersible vessels on international voyages are a serious international problem, facilitate international crimes, and are a threat to the safety and security of the .  The amendment would make it a federal criminal offense subject to fines, imprisonment, or both for the operation and embarkation of any stateless submersible or semi-submersible vessel.

 (10 minutes)

5. McNerney (CA):

States that the marine safety provisions of the bill shall not impair the legal authority of the Coast Guard to carry out its homeland security mission, including protecting ports and waterways, stopping human smuggling, and preventing terrorist organizations from attacking the .

 (10 minutes)

6. Bilirakis (FL):

Would strike section 708 of the substitute amendment (maritime biometric identification) and replace it with a requirement that the Commandant of the Coast Guard, within one year of enactment, conduct a program for the mobile biometric identification of suspected individuals, including terrorists, to enhance border security.  It also would require a cost analysis of expanding these capabilities to other Coast Guard and DHS vessels.  The analysis may include a plan to give priority to vessels and units more likely to encounter those suspected of making illegal border crossings through the maritime environment.

 (10 minutes)

7. Markey (MA):

Would direct the Secretary of Homeland Secretary to notify the Federal Energy Regulatory Commission (FERC) of any determination by the Secretary that a proposed waterside liquefied natural gas (LNG) facility is suitable or unsuitable for the marine traffic associated with the LNG facility.  Within 90 days of such notification, FERC must respond to the Secretary's determination with what action the Commission has taken regarding a proposal to construct and operate a waterside LNG.

 (10 minutes)

8. Lofgren (CA):

Would allow the Secretary of Homeland Security to use a secondary authentication system for individuals applying for transportation security cards when fingerprints are not able to be taken or read to enhance transportation security.

 (10 minutes)

9. Bishop, Tim (NY):

Would require the Secretary of the department in which the Coast Guard is operating to study, within 180 days of enactment, the role of state and local law enforcement in augmenting Coast Guard resources by enforcing Coast Guard-imposed security zones around vessels transiting to, through, or from ports and conducting port security patrols.

 (10 minutes)

10. Broun (GA):

Would strike title X (appeals to national transportation safety board) and title XI (marine safety) from the bill.

 (10 minutes)

11. Cuellar (TX):

Would direct the Secretary of the department in which the Coast Guard is operating, within 90 days of enactment, to conduct a mission requirement analysis for the navigable portions of the Rio Grande River, Texas, international water boundary.  The analysis would identify what resources would be needed to further the Coast Guard's mission along the Rio Grande River .

 (10 minutes)

12. Kirk (IL):

Would include vessels that operate exclusively in the Great Lakes ecosystem amongst vessels that would be required to have a ballast water treatment system, at the request of the Secretary of Agriculture.

 (10 minutes)

13. Smith, Lamar (TX):

Would add a new title to the bill to enhance federal criminal penalties for alien smuggling.

 (10 minutes)

14. Jackson-Lee (TX):

Directs the Secretary of Homeland Security to assess, within 30 days of enactment, the enrollment sites for transportation security cards, including the feasibility of keeping them open for longer durations and the quality of their customer service and application processing times.

 (10 minutes)

15. Stupak (MI):

Would permit the Commandant of the Coast Guard to convey, without consideration, the Coast Guard Station Marquette and Lighthouse Point in Marquette County, Michigan , to the City of Marquette, Michigan.  The conveyance could not occur until the Coast Guard has relocated to a newly constructed station, any environmental remediation required under federal law has been completed, and the Commandant of the Coast Guard determines that retention of the lighthouse is not needed for Coast Guard missions.

 (10 minutes)