Madam Chairman, I have an amendment at the desk that has been made in order by the rule. Madam Chairman, I yield myself such time as I may consume. I am offering this amendment because I am concerned about the intent and the function of…
Madam Chairman, I have an amendment at the desk that has been made in order by the rule.
Madam Chairman, I yield myself such time as I may consume.
I am offering this amendment because I am concerned about the intent and the function of title X and title XI. I would like to seek some clarification from the chairman of the Committee on Transportation and Infrastructure, my friend from Minnesota (Mr. Oberstar), if he would join me in a discussion.
Mr. Oberstar, with respect to title X, I'm concerned that if we transfer 80 percent of the funding for the Coast Guard Administrative Law Judge functions to the National Transportation Safety Board, the Coast Guard will not be able to manage the appeals process of any of the truck, rail, and port workers who might be denied the Transportation Worker Identification Credential, or TWIC, card. My concern is that we will create a bottleneck in the appeals process, effectively slowing TWIC appeals and preventing American workers from gainful employment while appeals are adjudicated.
Can you assure us that when this bill emerges from conference that you will make sure that the Coast Guard retains sufficient resources to address the expected TWIC appeal workload resulting from the million workers that are applying?
I yield to the gentleman from Minnesota.
I thank you for that assurance. It's certainly a huge issue, as far as I'm concerned, as we deal with Homeland Security and TWIC cards. So I greatly appreciate the chairman's assurance of that, and I'm looking forward to that bipartisan effort. We, unfortunately, don't have enough bipartisanship and bipartisan effort here; so I thank the chairman for that.
Reclaiming my time, Madam Chairman, with respect to title XI, I'm concerned that the current language might give the appearance of elevating the Coast Guard's marine safety mission above its other critical missions, such as search and rescue, national defense, and port security.
Can you confirm for me, Mr. Chairman, that it is not your intent to elevate this one mission above other missions that are critical for the Coast Guard?
I yield to the gentleman from Minnesota.
Certainly that's important.
And reclaiming my time, I thank the gentleman for his assurances, and I appreciate his willingness to engage in this dialogue to clarify the intent of these two titles and his commitment to work with me in conference to ensure that the Coast Guard has the authorities and resources it needs to secure our homeland.
I yield to the gentleman from Maryland.
Will the gentleman yield?
My concern was that the GAO is going to investigate any improprieties within the current Administrative Law Judge System, and that GAO report hasn't been completed. This just seems premature. That is what drew my concern, and I appreciate the chairman's assurances.
With that, I have got one more statement.
Madam Chairman, I submit for the Record two letters, a statement from the Commandant of the Coast Guard, as well as the letter from TSA stating their concern on these titles.
U.S. Department of Homeland Security, United States Coast
Guard,
Washington, DC, April 23, 2008.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Chairman Oberstar: On April 18, the Committee filed
with the Rules Committee an amendment in the nature of a
substitute to H.R. 2830, that would be retitled the ``Coast
Guard Authorization Act of 2008.'' During numerous meetings
and staff-level discussions over several months, we have
described how a number of provisions that appear in this
amendment would compromise organizational efficiency and
operational effectiveness, diminish my command and control,
and ultimately reduce the Coast Guard's effectiveness in
carrying out its safety, security, and stewardship missions.
We have expressed these and other concerns in Department of
Homeland Security views letters concerning earlier bill
language. The amendment also contains provisions neither
previously shared nor discussed with the Coast Guard.
One provision requiring that the Coast Guard provide
security around liquefied natural gas terminals and tankers
is contrary to the existing assistance framework, at odds
with accepted risk management practices, and would divert
finite Coast Guard assets from other high-priority missions.
I recommend a broader discussion of security measures for all
extremely hazardous cargoes. In the Statement of
Administration Policy on H.R. 2830, the Administration has
stated that, if the bill is presented to the President with
this provision, his senior advisors would recommend that he
veto the bill.
Among the others is one that, while similar to the
Administration's proposal, fails to authorize the President
to appoint officers to positions of importance and
responsibility to accommodate organizational change in the
future (Admirals and Vice Admirals). Others, primarily
involving our important marine safety mission, would
statutorily fix the designation and duties of other senior
Coast Guard officials and officials at all levels of command,
and prescribe inflexible personnel qualification
requirements. Still other provisions would diminish the Coast
Guard's capacity to adjudicate merchant mariner licensing
matters efficiently and effectively and support other vital
security adjudications of the Department of Homeland Security
(Appeals to National Transportation Safety Board). Still more
provisions would prescribe contracting and acquisition
practices for the Deepwater program, thereby increasing the
cost of, and adding delay to, the Deepwater acquisition
process, as well as circumventing the review and approval
authority of Coast Guard technical authorities (Coast Guard
Integrated Deepwater Program).
Among the new provisions is one that dramatically alters
admission procedures for the U.S. Coast Guard Academy. While
I have discussed Academy admissions several times with
Chairman Cummings and we agree that our process should yield
successful cadets and reflect our diverse society, the
proposed Congressional nomination process deserves full
discussion and deliberate consideration. Other new provisions
that affect how we execute our missions deserve similar
scrutiny. Conversely, the bill omits the Administration
proposal for much needed enhanced authority to prosecute
those who would smuggle undocumented aliens into the United
States by sea (Maritime Alien Smuggling Law Enforcement Act)
and the Administration's proposal to protect seafarers who
participate in investigations and adjudication of
environmental crimes or who have been abandoned in the United
States (Protection of and fair treatment of seafarers).
Over the last year in the course of hearings, personal
meetings with you, and regional forums with industry, as well
as in my public statements, I have assured you and the public
that we share a common objective: a robust marine safety
program suited to meet the evolving demands of industry and
the marine public. I am already taking aggressive steps to
right the balance between our marine safety mission and our
other vital responsibilities, and improve the effectiveness,
consistency, and responsiveness of our marine safety program,
consistent with the framework I presented to you last
September. Legislation such as the provisions I describe
above was unnecessary to start this process. As I have stated
on several occasions, I am the Commandant and am accountable
to you to produce the changes needed to improve program
performance.
Including these provisions and others in an Authorization
Act that would otherwise be welcome compels me to strongly
oppose the bill.
Sincerely,
T.W. Allen,
Admiral, U.S. Coast Guard Commandant.