Madam Chair, I yield myself 4 minutes in strong support of H.R. 3619, the Coast Guard Authorization Act of 2010, the annual authorization for the Coast Guard, which we have several times passed in…
Madam Chair, I yield myself 4 minutes in strong support of H.R. 3619, the Coast Guard Authorization Act of 2010, the annual authorization for the Coast Guard, which we have several times passed in the House, but which the other body has not acted upon.
It's unfortunate that the Coast Guard has gone so many years without a formal authorization bill. The appropriation committees, which I applaud, in both previous Republican management and the past 2 years under Democratic leadership, the appropriation committees have continued authority for Coast Guard programs and provided funding to previously established levels. But the Coast Guard needs the legislative framework. It needs the policy framework that we provide in the authorizing legislation.
We have passed essentially this bill in the 110th Congress. We are now going to do it again, I am quite confident. We have wonderful bipartisan support, and I am very earnestly hoping and working, talking to our colleagues in the other body, to get their action so we can send this bill to the President for his signature.
And to that end, I express my very great appreciation to the gentleman from Florida (Mr. Mica) who is the senior Republican on the committee and who has been a partner in working, not only this legislation, but many, many other bills that we have brought through committee to the House floor and through to signature by the President, including even an occasion where we had to override a Presidential veto.
I express great appreciation to the gentleman from Maryland (Mr. Cummings) who has taken on the responsibility of chairing the Coast Guard Subcommittee. The gentleman has applied himself diligently and vigorously to understand the workings of the Coast Guard, the issues of their mission, the needs of the various Coast Guard districts and of headquarters and has spent enormous amounts of time in chairing subcommittee hearings on the needs and issues of the Coast Guard and those maritime activities that depend upon or are regulated by the Coast Guard.
And I express appreciation to the gentleman from New Jersey (Mr. LoBiondo), who in a previous Congress has chaired this subcommittee and was fair-minded, evenhanded and very diligent and has been a splendid partner in shaping the bill that we bring to the House, to the Committee of the Whole, today.
Our bill authorizes $10 billion for the Coast Guard for fiscal 2010. It will increase the total end strength of the Coast Guard by 1,500 service personnel to a level of 47,000. Now that, I just have to point out, that compares to 39,000 authorized personnel in 1975, my first year in Congress, my first year in which I also served on the then- Merchant Marine and Fisheries Committee and on the Coast Guard Subcommittee. But since that time, Congress has added 27 new missions and responsibilities for the Coast Guard without substantially increasing the personnel or the funding for the Coast Guard to carry out those missions.
Now, the men and women who wear that unique color of blue uniform have prided themselves on being a multi-mission agency, and they have prided themselves on being able to carry out all these many responsibilities. But they are working shorthanded, they are working underfunded and they need this authorization bill, and they need this increased service personnel strength that we provide in the bill before us.
We authorized $153 million for the design and construction of a new replacement icebreaker for the Great Lakes.
I yield myself an additional 2 minutes.
Last year, we had the situation where ships were moving in the upper lake, Lake Superior, and through the Sioux Locks beset with heavy ice cover, while the icebreaker Mackinaw was in the lower lakes on icebreaking mission. The Coast Guard has been provided funding for and have operated harbor icebreakers. Well, fine, they can operate in the harbor, they can move slush ice around, but they can't break the big ice. And when our iron ore needs to move from the upper lake to the lower lakes steel mills, it's got to get through that heavy ice. And we need an icebreaker on duty in both the upper lake and the lower lakes. And this legislation will provide funding for a second major Mackinaw- class icebreaker.
Last year, U.S.-flag vessels that were moving coal, critical for lower lakes power plants, coal that comes all the way by train from the Powder River Basin to the lake head of Duluth-Superior, those ships and our iron ore vessels sustained one plus--1\1/2\ to a larger million dollars in damages to hulls because of a decreased icebreaking capability of the Coast Guard. Five of the Coast Guard's smaller size, 1,200-horsepower capability vessels are at the end of their service life. We need a Mackinaw-class vessel on the Great Lakes in addition to the one that is now operating.
We, in this bill, respond to the many shortcomings in Coast Guard acquisition efforts over the past several years and require the Coast Guard to develop lifecycle cost estimates for assets that will cost more than $10 million, have a service life of at least 10 years, will prohibit contractors self-certification, an issue that arose in a 10- hour hearing Chairman Cummings conducted, Mr. LoBiondo was a part of this hearing.
I yield myself 1 additional minute.
We went until late in the night to address this extraordinary failure of arm's length contractual relationship between the Coast Guard and its contractors. So the legislation takes the lessons learned in that intensive hearing and months-long investigation to establish the appointment of a chief acquisition officer as a qualified acquisition professional.
We held a hearing on mariner education and workforce in the Coast Guard Subcommittee, and we heard concerns that there will be a shortage of qualified and experienced personnel as the Coast Guard oversees expansion of industry import and export activities over the next decade. We will establish a recruitment and training and loan program so that we'll be able to establish a robust labor pool in the maritime industry.
I yield myself an additional 15 seconds.
There are a number of other items in this bill that Mr. Cummings will further detail in his remarks.
I reserve the balance of my time.
I yield such time as he may consume to the distinguished chairman of the Subcommittee on the Coast Guard, the gentleman from Maryland (Mr. Cummings).
Certainly. The gentleman has the time.
The gentleman has correctly stated the intention of the provision, that the delegation can be made to a foreign classification society if the government of the foreign country in which the foreign society is headquartered delegates the authority to the ABS, or if the Secretary enters into agreement with that foreign government to provide for reciprocal treatment of ABS.
I thank the gentleman for bringing this to our attention and for his advocacy for this issue.
Madam Chair, I yield 2 minutes to the gentleman from Maryland (Mr. Ruppersberger).
(Mr. RUPPERSBERGER asked and was given permission to revise and extend his remarks.)
May I inquire of the time remaining on both sides?
I thank the Chair.
I yield myself 10 seconds to thank the gentleman from New Jersey.
I like the slogan, ``It's good for the Coast Guard and it's good for the country.'' I think that's all we need to say about this bill.
I yield 2 minutes to the distinguished gentleman from Texas (Mr. Cuellar).
Madam Chairman, we have only one speaker left, which is myself. Does the gentleman from New Jersey have any time remaining?
Madam Chairman, I yield myself such time as I may consume.
I want to assure the gentleman from New Jersey and the gentleman from Michigan that the issue of ballast water will be dealt with. We are proceeding already. We have had staff-level discussions with both the Coast Guard Subcommittee staff and the Water Resources staff on the Committee on Transportation and Infrastructure, Madam Chairman.
And I believe we can reach an agreement on setting a strong national standard and language that will establish that standard to override States' individual standards, as we have discussed in our several meetings, and I'm hopeful that we'll be able to do that within the month and bring that bill through committee to the floor on suspension if the product is acceptable on both sides of the aisle, and I'm confident we'll get there.
I'd consume the balance of my time to emphasize just a couple of points. One, which the gentleman from Maryland has already addressed, the Chair of the Subcommittee on Coast Guard, and that is diversity in the Coast Guard. It was a shock to me to see the appallingly low level of minority participation in the Coast Guard Academy and at the officer level within the Coast Guard.
I visited the Coast Guard Academy. I had lunch with the Commandant and with the head of the academic program and with a very, very astute, learned, talented young woman, African American cadet. But she was also not only distinguished by her caliber of academic performance and Coast Guard career performance, but she was practically the only one. And we have to change that. And we have included language inspired by Mr. Cummings to give Members of Congress the same authority in nominating candidates for the Coast Guard as we do for the other service academies. I think that will make a major step toward diversifying the Coast Guard and reflecting America in all of its variations.
We also reorganize the senior leadership and overall structure of the Coast Guard. We spent a great deal of time in negotiations with the Commandant. I admire Commandant Allen. He's done a superb job for the Coast Guard. He resurrected FEMA during Katrina and put that agency back on a stable footing, and he, too, wants to restructure the Coast Guard.
Madam Chairman, I will include in the Record the balance of my remarks.
Madam Chairman, I rise today in strong support of H.R. 3619, the ``Coast Guard Authorization Act of 2010''. This is the annual authorization for the Coast Guard and is largely based on H.R. 2830, which passed the House on April 24, 2008. Unfortunately, the budget
for the Coast Guard was last authorized in 2006. It is time for us to work together to ensure this Service gets what it needs to serve the American people.
I applaud Subcommittee on Coast Guard and Maritime Chairman Cummings for his extensive oversight and support of the Coast Guard. Through his leadership, H.R. 3619 is a comprehensive bill that will enable the Coast Guard to carry out the Service's many missions with additional funding, new resources, and increased training standards. In addition, the safety provisions included in H.R. 3619 will reduce marine casualties and loss of life.
H.R. 3619 authorizes $10 billion for the Coast Guard for fiscal year 2010 and increases the Service's total end strength by an additional 1,500 service members to a total of 47,000 personnel.
H.R. 3619 also authorizes $153 million for the design and construction of a new replacement icebreaker for the Great Lakes. Last year, U.S.-flagged ships operating on the Great Lakes sustained $1.3 million in damages to their hulls due to the Coast Guard's decreased ice breaking capabilities. Five of the Service's Great Lakes ice breakers are nearing the end of their service life.
H.R. 3619 responds directly to the many shortcomings in Coast Guard acquisition efforts, developed over the last couple of years. It also requires the Coast Guard to develop life-cycle cost estimates for assets that are expected to cost more than $10 million and to have a service life of at least 10 years. It prohibits contractor self- certification and requires the appointment of a Chief Acquisition Officer who is a qualified acquisition professional.
In 2007, the Subcommittee on Coast Guard and Maritime held a hearing on Mariner Education and Workforce. Industry personnel expressed concern that, as the nation's volume of imports and exports increase over the next 10 years, there will be a shortage of qualified and experienced personnel. H.R. 3619 authorizes $10 million for the Secretary of Transportation to establish a maritime career recruitment, training and loan program to ensure a robust labor pool in the maritime industry.
H.R. 3619 also authorizes the Coast Guard to implement a reorganization of its senior leadership and overall structure. The Vice Commandant is promoted to full Admiral, and the Coast Guard's previous Atlantic and Pacific Area Commanders and Chief of Staff positions are eliminated. These positions will be replaced with four three-star positions, including: the Deputy Commandant for Mission Support; Deputy Commandant for Operations; Commander of Force Readiness Command; and Commander of Operations.
In August 2007, the Subcommittee held a hearing on the challenges facing the Coast Guard's marine safety program. H.R. 3619 will alleviate the concerns of industry and Congress that the Coast Guard's marine inspectors have diminished technical expertise and that the Coast Guard has overall lost its focus on marine safety in response to its increased security responsibilities since September 11, 2001. H.R. 3619 establishes marine safety as a core mission of the Coast Guard. It sets minimum qualifications and training standards for personnel within the marine safety workforce to ensure that marine inspectors are technical experts, and have an established career path to succeed in the Coast Guard.
Commercial fishing has a high rate of injuries and death, and is noted as one of the most dangerous jobs in the United States. From 1994 to 2004, more than 641 fishermen lost their lives and approximately 1,400 fishing vessels were lost. H.R. 3619 requires training for fishing vessel operators, and enhances and clarifies the equipment requirements for these commercial fishing vessels.
H.R. 3619 also enhances the safety and security of cruise vessel passengers. Currently, there are no Federal statutes that explicitly require foreign-flagged cruise vessels to report alleged crimes to U.S. government officials, with the exception of foreign-flagged vessels operating in areas subject to the direct jurisdiction of the United States. For cruise vessels to which H.R. 3619 applies, owners will be required to keep a log book of certain crimes and theft of property valuing more than $1000, and will have to make that information readily accessible to law enforcement personnel. Owners will be required to modify the design and construction standards of applicable cruise vessels to increase the length of their railings to help prevent passengers from falling overboard. Also, vessel owners will be required to provide appropriate medical treatment to the victims of sexual assaults.
I urge my colleagues to join me in supporting H.R. 3619.
House of Representatives,
Committee on Homeland Security,
Washington, DC, October 20, 2009.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Rayburn House Office Building,
Washington, DC.
Dear Mr. Chairman: I am writing you regarding H.R.3619, the
``Coast Guard Authorization Act of 2010,'' introduced on
September 22, 2009. This legislation was initially referred
to the Committee on Transportation and Infrastructure and
sequentially referred to the Committee on Homeland Security
on October 16, 2009.
In the interest of permitting this important legislation to
proceed expeditiously to floor consideration, I have waived
further consideration of H.R. 3619. I have done so with the
understanding that waiving consideration of the bill should
not be construed as the Committee on Homeland Security
waiving, altering, or otherwise affecting its jurisdiction
over subject matters contained in the bill which fall within
its Rule X jurisdiction.
Further, I request your support for the appointment of
Homeland Security conferees during any House-Senate
conference convened on this or similar legislation. I also
ask that a copy of this letter and your response be placed in
the Congressional Record during floor consideration of this
bill.
I look forward to working with you on this legislation and
other matters of great importance to this nation.
Sincerely,
Bennie G. Thompson,
Chairman.
Will the gentleman yield?
I ran out of time under our allocation to express my great appreciation to the chairman for the splendid cooperation we've had, one-on-one and staff-to-staff, in fashioning those portions of the bill that come under the jurisdiction of the Homeland Security Committee. It's been a pleasure working with the chairman and his staff and to get this language fashioned, and appreciate the splendid cooperation that we've had. I thank the gentleman.
Madam Chair, I have an amendment at the desk.
Thank you, Madam Chair.
This amendment makes a number of improvements to the bill, some of which have been already alluded to by other speakers this evening.
First, we improve the enforcement of Coast Guard-imposed security zones around hazardous materials terminals and tankers. The Coast Guard will be required to coordinate, to be responsible for enforcing Federal security zones established by the Coast Guard around vessels containing certain dangerous cargo.
It specifies that the Coast Guard may not approve of a facility security plan for a new facility built after date of enactment of the act that will receive or ship certain dangerous cargo unless there are sufficient resources available to ensure compliance of the facility security plant.
It establishes an alternative licensing program for operators of uninspected passenger vessels on Lake Texoma. The States of Oklahoma and Texas bisect this lake, and there has been a great concern because of the long distance of this lake from the nearest Coast Guard facility and concerns of boaters on both sides of the border, and they have expressed those concerns to me, to the Republican members of the committee, and to Mr. Cummings.
So what we have provided for in this amendment is an authorization for the Coast Guard upon the request of the Governor of the State of Texas or the Governor of the State of Oklahoma to enter into an agreement with the requesting State in which that State will license operators of uninspected passenger vessels operating on Lake Texoma in lieu of the Coast Guard if the State's plan meets the equivalent standards of environmental protection.
The State's plan must provide equivalent safety to a Coast Guard- issued license and include drug testing, criminal background checks, and physical standards for operators. It must also provide for the suspension and revocation of State licenses for negligent operation of the vessel and safety standards.
I want to be very clear about the provisions. I think it's very important; but this is, I think, a very beneficial agreement that we've reached to resolve the concerns of parties on both sides of the border of Lake Texoma.
We authorize delegation of authority by the Coast Guard to classification societies and have already had an ample discussion of that matter with the gentleman from Wisconsin (Mr. Petri).
We require the Coast Guard to conduct a study on the combination of facial and iris recognition for a nonintrusive collection of biometrics to assist the Coast Guard in its homeland security mission. We've had some discussion already of that aspect of the manager's amendment. I won't elaborate further.
We require the Government Accountability Office to investigate and report on the Coast Guard's efforts to recruit minority candidates to the Coast Guard's academy. The gentleman from Maryland (Mr. Cummings) has discussed this, and I alluded to it in my general remarks. But we also want that assessment to include a report on geographic diversity at the academy and recommendations for increasing geographic diversity as well as minority diversity.
And we establish a process in this amendment for access to secure areas for individuals with a pending application for a transportation security card, which the gentleman from California has adequately discussed, and a uniform national standard for background checks for transportation security cards, which also has previously been discussed.
That is the sum of the manager's amendment, and I reserve the balance of my time.
Madam Chair, how much time remains on our side?
I yield 3 minutes to the gentleman from Maryland (Mr. Cummings), the chairman of the subcommittee.
I yield myself such time as I may consume to acknowledge the concerns raised by the gentleman from New Jersey. They are proper and properly expressed.
Madam Chair, on the piracy issue, we had reached an agreement in committee, which I thought was done in a fair and equitable way, but there are other committees that have pieces of jurisdiction over this bill, and other concerns were expressed and accommodated. However, I continue to believe that the gentleman had the right approach. Mr. Cummings, Mr. LoBiondo and I had reached an agreement, and I still believe that is the better approach.
We had a discussion earlier about ballast water. I need not repeat what I said except to reaffirm that we will proceed vigorously in the pursuit of an accommodation of the concerns of the gentleman from New Jersey and of those of the gentleman from Michigan, which are almost identical to mine. We will reach agreement, and we will bring a bill to the floor in this session of Congress.
Madam Chair, this amendment makes a number of improvements to the bill, as reported by the Committee on Transportation and Infrastructure.
Improves the enforcement of Coast Guard imposed security zones around
hazardous materials terminals and tankers
Requires the Coast Guard to coordinate and be responsible for enforcing Federal security zones established by the Service around a vessel containing certain dangerous cargo.
If a security arrangement has been made with a State or local government to enforce a Coast Guard imposed security zone, the Coast Guard must ensure the waterborne patrols have the training, resources, personnel and experience necessary to carry out the security responsibilities to the maximum extent practicable to deter and respond to a transportation security incident.
Specifies that the Coast Guard may not approve a facility security plan for a new facility constructed after the date of enactment of this Act that will receive or ship certain dangerous cargo on the water unless there are sufficient resources available to ensure compliance of the facility security plan.
Establishes an alternative licensing program for operators of
uninspected passenger vessels on Lake Texoma
Authorizes the Coast Guard upon the request of the Governor of the State of Texas or the Governor of the State of Oklahoma to enter into an agreement with the requesting State, whereby the State will license operators of uninspected passenger vessels operating on Lake Texoma in lieu of the Coast Guard if the State's plan meets equivalent standards of safety and environmental protection. The State's plan must provide equivalent safety to a Coast Guard issued license and include drug testing, criminal background checks, and
physical standards for operators. It also must provide for the suspension and revocation for State licenses for the negligent operation of the vessel and safety standards.
Authorizes the delegation of authority by the Coast Guard to
classification societies
Authorizes the Secretary to delegate the Coast Guard's authority to review and approve offshore facility plans and conduct inspections and examinations of offshore facilities to the American Bureau of Shipping (ABS) or another classification society that meets acceptable standards.
The delegation can be made to a foreign classification society if the government of the foreign country in which the foreign society is headquartered delegates the authority to the ABS, or if the Secretary enters into an agreement with that foreign government that provides for reciprocal treatment of ABS.
Requires the Coast Guard to conduct a study on the combination of
facial and iris recognition
The study requires an assessment of the capability of a non-intrusive collection of biometrics in an accurate and expeditious manner to assist the Coast Guard in its homeland security mission.
Requires the Government Accountability Office to investigate and report on Coast Guard's efforts to recruit minority candidates to the Coast
Guard Academy
The report shall include the status of the Coast Guard's minority recruitment program and assessment of the program's effectiveness. The study should include the following statistics on minority applicants: the number of applicants that were contacted by the Academy; the number who completed applications; the number that were offered appointments; and the number of applicants that accepted appointments.
The report should also include an assessment of the geographic diversity at the Academy and should make recommendations for increasing geographic diversity.
Provides a process for access to secure areas for individuals with a
pending application for a transportation security card
Requires the Coast Guard to coordinate with owners and operators subject to the Maritime Transportation Security Act of 2002 to allow an individual who has applied for, but has not received, a transportation security card to be escorted into secure areas to work by another worker who has a transportation security card.
Establishes procedures for workers to submit fingerprints for the
purpose of obtaining transportation security cards at facilities
operated by, or under contract with, the relevant Federal agencies
Establishes a uniform, national standard for background checks for transportations security cards.
Directs the Secretary of the department in which the Coast Guard is operating to prohibit States or political subdivisions of States from requiring separate background checks for transportation security cards unless there is a compelling reason for the separate background checks.
I urge my colleagues to join me in supporting this amendment.
I yield back the balance of my time, and I ask for a vote of approval of the manager's amendment.
I thank the gentleman for yielding.
Mr. Chair, I share the frustration of the gentleman from Florida about the reader equipment, about the lack of continuity and about a number of other issues that he raised.
The problem I have is that the State of Florida requires one standard for truckdrivers with hazardous material, and it requires a different standard for those truckdrivers who enter ports. The State was moving in the direction of unifying those requirements, and if the State would do that, then I think we wouldn't have this kind of dichotomy and this problem. Therefore, I think the position of the Committee on Homeland Security has merit, and we should accept their position.
Mr. Chairman, as the designee of the gentleman from Florida (Mr. Hastings), I have an amendment at the desk.
Mr. Chairman, the amendment of the very distinguished gentleman from Florida (Mr. Hastings), who has a large constituency of persons of Haitian origin in his district, requires the Coast Guard to submit a report within 180 days after enactment to examine the Coast Guard's short- and long-term ability to respond to a possible mass migration resulting from changes in U.S.-Haitian immigration policy. There was an increase in the number of Haitians attempting to enter the U.S. in the first quarter of this fiscal year, and every year thousands try to make unauthorized entries by water into the United States.
In 1992, President George H.W. Bush issued Executive Order 12807, which directed the Coast Guard to prevent undocumented migrants from entering the U.S. by stopping them at sea and sending them back to their country of origin. Well, there was one standard for Haitians and a different standard for Cubans.
Mr. Chairman, I lived 3\1/2\ years in Haiti. I have a great number of friends and students to whom I taught English during that year. I just recently visited Haiti for the 50th anniversary of the officers of the Haitian military academy, who were my English students.
Conditions in Haiti are wretched; 9 million people in a land of 10,000 square miles. That's land about one-third the size of my district with three times the population of the entire State of Minnesota.
These people, who are trying to leave Haiti for an opportunity in America are being exploited by unsavory ship captains who charge them $5,000 to get on board a vessel that can accommodate 100 people. They will put 200 people on the ship, and then they will throw some of them overboard before they get into U.S. waters if they think that the overpopulation of the boat is endangering its passageway. This is awful.
This study will help the Congress, the U.S. Government better understand the problems of the people of Haiti and the challenges to the Coast Guard. It's an important amendment.
I reserve the balance of my time.
Mr. Chairman, I yield the balance of my time to the gentleman from Maryland (Mr. Cummings).
Mr. Chairman, I yield back the balance of my time.