Amendment Text: H.Amdt.472 — 111th Congress (2009-2010)

There is one version of the amendment.

Shown Here:
Amendment as Offered (10/23/2009)

This Amendment appears on page H11718-11719 in the following article from the Congressional Record.


[Pages H11717-H11724]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 COAST GUARD AUTHORIZATION ACT OF 2010

  The SPEAKER pro tempore (Ms. Chu). Pursuant to House Resolution 853 
and rule XVIII, the Chair declares the House in the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill, H.R. 3619.

                              {time}  0915


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 3619) to authorize appropriations for the Coast Guard 
for fiscal year 2010, and for other purposes, with Mr. Pastor of 
Arizona (Acting Chair) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIR. When the Committee of the Whole rose on Thursday, 
October 22, 2009, amendment No. 6 offered by the gentleman from 
Connecticut (Mr. Himes) had been disposed of.


                  Amendment No. 7 Offered by Mr. Flake

  The Acting CHAIR. It is now in order to consider amendment No. 7 
printed in House Report 111-311.
  Mr. FLAKE. I have an amendment at the desk designated No. 7.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 7 offered by Mr. Flake:
       Page 182, after line 14, insert the following:
       (g) Prohibition on Earmarks.--None of the funds 
     appropriated for the Fishing Safety Training Grants Program 
     pursuant to section 4502(i) of title 46, United States Code, 
     as amended by this section, may be used for a Congressional 
     earmark as defined in clause 9(d) of rule XXI of the Rules of 
     the House of Representatives.

  The Acting CHAIR. Pursuant to House Resolution 853, the gentleman 
from Arizona (Mr. Flake) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. This amendment is straightforward and, I believe, 
noncontroversial. It should be familiar to those of us here. The 
underlying bill establishes a new competitive grant program called the 
Fishing Safety Training Grants program. This amendment would simply 
prevent the new grant program from being a vehicle for earmarking.
  I try to offer this amendment as often as I can when new grant 
programs are established. The reason I do this is because, 
unfortunately, we have a history now of these grant programs being 
established and, even if the underlying legislation says that they are 
to be awarded on the basis of merit or on a competitive basis, then, 
oftentimes, a little down the road, many of these grant programs are 
earmarked, some of them, we have learned through sad experience, almost 
completely earmarked.
  Competitive grant programs earmarked by Members of this body, we 
simply can't have that. Now, I question why the Federal Government is 
using taxpayer dollars to fund training for individuals who operate 
commercial fishing vessels. I think that that's something that 
commercial fishing organizations ought to do themselves. However, if we 
are going to do this, then we should at least ensure that these grants 
are awarded on a competitive basis and aren't earmarked.
  And so I hope that this can be adopted. I should note that in the 
110th Congress, this similar amendment was adopted to H.R. 2357, the 
Beach Protection Act. It was approved by a roll call vote of 263-117. 
And in the 111th Congress, this amendment was accepted on three 
separate occasions, each time by voice vote.
  I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I rise to claim the time in opposition, 
though I do not intend to oppose the gentleman.
  The Acting CHAIR. Without objection, the gentleman from Minnesota is 
recognized.
  There was no objection.
  Mr. OBERSTAR. I want to compliment the House's own version of 
Survivor Man, not only on surviving on a desert island and doing so 
very skillfully and astutely. Most of the time when Members of our body 
wind up with a story in The Washington Post, it's for some misdeed or 
misappropriation of funds. This was a remarkable story of personal 
strength and courage that I suspect derives from the gentleman's own 
upbringing and mission abroad for the church, and for his ability to 
survive under difficult conditions.
  He's also been a survivor on his campaign, Mr. Chairman, to limit 
earmarks. And this is one case in which our committee agrees with the 
gentleman. On Page 177, Lines 4 and 5, the bill reads: the Secretary 
shall award grants under this subsection on a competitive basis. But 
also, as the gentleman has pointed out, notwithstanding such language 
in other bills,

[[Page H11718]]

there have been deviations from the programmatic language, often by the 
other body, but also, on occasion, in this body.
  We feel that these grants ought to be awarded competitively and, for 
that reason, very specifically wrote this language into the bill. I 
suspect that after the vigorous hearings that Chairman Cummings has 
held over the past 2\1/2\ years, exposing failures of the Coast Guard 
contracting program, that this language will be honored and will be 
adhered to.
  As to the reason for the training grants, this is the deadliest 
industry by a great many measures. In fact, there is a program on 
television on fishing entitled ``The Deadliest Catch,'' and it tracks 
those who put out to sea to earn their living in dangerous 
circumstances. The safety training grants will deal with those and 
other similar situations. So on the policy side, I simply want to 
defend the provision.
  But I concur with the gentleman on his concern, and we will accept 
the amendment.
  At this point, I would yield to the gentleman from Maryland, Chair of 
the subcommittee.
  Mr. CUMMINGS. Thank you, Mr. Oberstar, for your comments. Thank you 
for yielding. I agree with you. We've already done basically what the 
gentleman wants done. And I just want to add something, Mr. Oberstar, 
and that is that this has been something that our subcommittee has--
this fishing problem, and safety is something that we've taken 
extremely seriously. The Bureau of Labor Statistics names commercial 
fishing as the most hazardous occupation in the United States. For the 
11-year period from 1994 through 2004, 641 fishermen and -women lost 
their lives on fishing vessels, and so we take it very seriously.
  I also want to thank the gentleman for constantly making sure that we 
do what you're hoping that we would do. We did it. Congratulations. And 
so, therefore, I support the gentleman's amendment.
  Mr. OBERSTAR. I reserve the balance of my time.
  Mr. FLAKE. I thank the Chair, and I thank the chairmen of the 
committee and subcommittee for their vigilance here to make sure that 
these awards, these grants, are awarded out on a competitive basis. 
That's what we're seeking here. I'm glad that's going to happen.
  For the record, I found no earmarks on Jabonwod, the island that I 
stayed on. It was an incredible experience. Thanks for mentioning it.
  I yield to the gentleman from New Jersey (Mr. LoBiondo).
  Mr. LoBIONDO. I'd like to rise in support of amendment, thank Mr. 
Flake, and say that the Republicans on the committee are supportive of 
the amendment.
  Mr. FLAKE. I yield back the balance of my time.
  Mr. OBERSTAR. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).
  The amendment was agreed to.


                  Amendment No. 8 Offered by Mr. Flake

  The Acting CHAIR. It is now in order to consider amendment No. 8 
printed in House Report 111-311.
  Mr. FLAKE. I have an amendment at the desk designated as No. 8.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 7 offered by Mr. Flake:
       Page 182, after line 14, insert the following:
       (g) Prohibition on Earmarks.--None of the funds 
     appropriated for the Fishing Safety Research Grant Program 
     pursuant to section 4502(j) of title 46, United States Code, 
     as amended by this section, may be used for a Congressional 
     earmark as defined in clause 9(d) of rule XXI of the Rules of 
     the House of Representatives.

  The Acting CHAIR. Pursuant to House Resolution 853, the gentleman 
from Arizona (Mr. Flake) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. Mr. Chairman, this amendment is identical. It simply deals 
with a separate grant program established by the underlying bill. This 
one would refer to the Fishing Safety Grant, the fishing Safety 
Research Grant program, whereas the last one was the Fishing Safety 
Training Grants program. So I believe the same arguments apply here.
  And with that, if the gentleman will agree to accept the amendment 
again, then I'll be prepared to yield back the balance of my time. But 
for now, I'll reserve.
  Mr. OBERSTAR. I rise to claim time in opposition, though I do not 
oppose the amendment
  The Acting CHAIR. Without objection, the gentleman from Minnesota is 
recognized.
  There was no objection.
  Mr. OBERSTAR. The language of this provision is similar to the 
previous: to establish a Fishing Safety Research Grant program for 
academia, members of nonprofit organizations, businesses involved in 
fishing and maritime, to conduct research on methods of improving the 
safety of commercial fishing industry, vessel design, survival 
equipment.
  The gentleman ought to be very concerned about survival equipment. 
He's a survivor himself. Vessel monitoring systems, de-icing technology 
and severe weather detection, the gentleman had none of those on the 
island. He didn't have any equipment to detect severe weather or 
absence of water. He didn't have a water finder; he had to create his 
own water using the sun. So he's the antithesis of this language.
  But the issue is not the underlying policy. The issue really is 
competitive basis award of grants. I think the gentleman's language 
will reinforce the purpose of the committee.
  Does the gentleman from Maryland wish to be heard?
  Mr. CUMMINGS. Once again, I thank you, Mr. Chairman, for laying that 
out. And I thank the gentleman for his vigilance with regard to these 
types of issues. Similar to the previous amendment offered by Mr. 
Flake, which prohibits earmarking of the grants to be awarded under the 
Fishing and Safety Training Grant program, this amendment would 
prohibit earmarking of the grants authorized by H.R. 3619. The Fishing 
Safety Research grant is a complement of the Fishing Safety Training 
program. The research grant program would provide funding to 
individuals in academia, members of nonprofit organizations and 
businesses involved in fishing and other maritime matters and other 
persons with expertise in the fishing industry to support research to 
identify measures that will improve safety in this industry. And of 
course these would be bid on a competitive basis.
  But the one thing I did want to say, and I know that the chairman of 
the committee will agree with me, I must give a lot of credit to 
Congressman Barney Frank, who worked tirelessly on these issues. And I 
know I've had at least 10 to 12 conversations with him. I know he's met 
with the chairman, and I just wanted to make sure that we gave him 
credit because he has championed this like nobody I've ever known, and 
I just wanted to say that.
  Mr. OBERSTAR. I thank the gentleman for pointing that out, that the 
gentleman from Massachusetts (Mr. Frank) has been a vigorous advocate 
for his fishing community, which is largely a Portuguese immigrant 
community of long ancestry; and he really has been a strong advocate, 
along with Mr. Young of Alaska.
  I reserve the balance of my time.
  Mr. FLAKE. I yield back the balance of my time.
  Mr. OBERSTAR. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).
  The amendment was agreed to.

                              {time}  0930


         Amendment No. 9 Offered by Mrs. Kirkpatrick of Arizona

  The Acting CHAIR. It is now in order to consider amendment No. 9 
printed in House Report 111-311.
  Mrs. KIRKPATRICK of Arizona. I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 9 offered by Mrs. Kirkpatrick of Arizona:
       Page 312, after line 22, add the following new section:

     SEC. __. STRATEGY REGARDING DRUG TRAFFICKING VESSELS.

       Within 180 days after the date of enactment of this Act, 
     the Secretary of the department in which the Coast Guard is 
     operating, acting through the Commandant of

[[Page H11719]]

     the Coast Guard, shall 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. The strategy shall be developed in 
     coordination with other Federal agencies engaged in 
     detection, interdiction, or apprehension of such vessels. At 
     a minimum, the strategy shall include the following:
       (1) An assessment of the threats posed by submersible and 
     semi-submersible vessels, including the number of such 
     vessels that have been detected or interdicted.
       (2) Information regarding the Federal personnel, technology 
     and other resources available to detect and interdict such 
     vessels.
       (3) An explanation of the Coast Guard's plan, working with 
     other Federal agencies as appropriate, to detect and 
     interdict such vessels.
       (4) An assessment of additional personnel, technology, or 
     other resources necessary to address such vessels.

  The Acting CHAIRMAN. Pursuant to House Resolution 853, the 
gentlewoman from Arizona (Mrs. Kirkpatrick) and a Member opposed each 
will control 5 minutes.
  Mrs. KIRKPATRICK of Arizona. Mr. Chairman, I offer this amendment 
today because, while I speak about securing our borders to stop the 
illegal crossings of drugs, weapons, and people, it is important to 
remember that our physical border is just one line of defense.
  Our fight against the drug cartels--which operate the smuggling 
routes--actually begins in the jungles of South America. Much of the 
cocaine that enters the United States today originates in South America 
before working its way north. For years, the United States, Colombian, 
and Mexican governments have increasingly cracked down on the major 
smuggling routes.
  As these paths have been squeezed, the cartels have found new and 
innovative ways to move their product. Recently, the traffickers have 
begun resorting to semi-submersibles, which are submarine-like boats 
that skim just below the surface of the water.
  To further avoid detection, these boats incorporate advanced 
technology, including a design that reduces their ability to be 
detected by radar and utilizing water-cooled exhaust mufflers to reduce 
their heat signal. They can travel up to 3,000 miles without stopping 
for refueling, allowing crews to move cocaine from secret shipyards 
along the Colombian coast to safe harbors in Mexico where they join the 
land trafficking routes that take the drugs across the land border and 
into the United States.
  With these advances, semi-submersibles are extremely difficult for 
authorities to track or even locate once they take to sea.
  With an estimated 70 boats being deployed this year alone with the 
sustaining cargo capabilities of up to 10 tons, it is not surprising 
that over one-third of the cocaine reaching the United States is 
shipped this way. Even worse, these boats can just as easily be used to 
smuggle weapons or potential terrorists into the country.
  Although the Coast Guard does an excellent job with the resources 
available to stop these vessels, the fact remains that it is a tough 
task, and only a small percentage of semi-submersibles are captured.
  My amendment calls on the Coast Guard to establish a comprehensive 
strategy to combat the illegal flow of narcotics, weapons, bulk cash, 
and other contraband through the use of semi-submersible and 
submersible vessels.
  Mr. OBERSTAR. Will the gentlewoman yield?
  Mrs. KIRKPATRICK of Arizona. Yes, I'll yield.
  Mr. OBERSTAR. Even as we discussed this amendment, the U.S. Coast 
Guard has interdicted a self-propelled semi-submersible vessel in the 
Eastern Pacific with a multi-ton load of narcotics on board. Smuggling 
using submersible and semi-submersibles have become a part of the 
increasingly sophisticated smuggling operation.
  We accept the gentlewoman's amendment.
  Mrs. KIRKPATRICK of Arizona. Thank you.
  As part of this plan, the Coast Guard will address what additional 
resources they need to get the job done so we can make sure they get 
the help they need. Our fight against the cartels is constantly 
evolving, and we must continue to support those on the front line in 
adapting new strategies.
  Therefore, I hope my colleagues will join me in supporting this 
amendment.
  I reserve the balance of my time.
  Mr. LoBIONDO. Mr. Chairman, I rise to claim time in opposition 
although I am not in opposition.
  The Acting CHAIR. Without objection, the Chair recognizes the 
gentleman from New Jersey for 5 minutes.
  There was no objection.
  Mr. LoBIONDO. As the gentlelady stated and the chairman stated, this 
is something that the Coast Guard plays a critical role in their 
interdiction. We have dealt with the issue of submersibles and semi-
submersibles to combat the growing drug threat. We need to give the 
Coast Guard the authority to do this.
  We're happy to support the amendment.
  I reserve the balance of my time.
  Mrs. KIRKPATRICK of Arizona. I reserve the balance of my time.
  Mr. CUMMINGS. Will the gentlelady yield?
  Mrs. KIRKPATRICK of Arizona. Yes, I'll yield.
  Mr. CUMMINGS. Thank you very much.
  I'll be very brief, Mr. Chairman.
  First of all, I want to congratulate Mrs. Kirkpatrick for this 
outstanding amendment. As our ranking member said, this is something 
the committee has been addressing for a while. But what we now want to 
do is make sure that the efforts of the Coast Guard are most effective 
and efficient, and the study and looking into this is what this is all 
about. And I think this will allow us to accomplish a lot more with 
regard to the equipment that we have.
  I've actually seen these submersibles many times. As a matter of 
fact, I was just in Colombia and Mexico and actually saw them and saw 
they had been used to get around the Coast Guard.
  And I know for a fact that they welcome this amendment, and I want to 
thank you very much because basically what you've done, Mrs. 
Kirkpatrick, is you've made a very good bill even better.
  Mrs. KIRKPATRICK of Arizona. I yield back the balance of my time.
  Mr. LoBIONDO. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlelady from Arizona (Mrs. Kirkpatrick).
  The amendment was agreed to.


                Amendment No. 10 Offered by Mr. Kratovil

  The Acting CHAIR. It is now in order to consider amendment No. 10 
printed in House Report 111-311.
  Mr. KRATOVIL. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 10 offered by Mr. Kratovil:
       Page 312, after line 22, add the following new section:

     SEC. ___. REPORT ON THE EFFECT OF FACILITIES INFRASTRUCTURE 
                   ON MISSION FULFILLMENT.

       (a) Study.--The Commandant of the Coast Guard shall conduct 
     a national study on the facility infrastructure requirements 
     needed to fulfill the Coast Guard's prescribed missions and 
     capabilities, and ensure that the department in which the 
     Coast Guard is operating maintains the ability to utilize the 
     latest technologies.
       (b) Report.--Within 180 days after the date of enactment of 
     this Act, the Commandant shall submit a report on the results 
     of the study conducted under subsection (a) to the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate. The report shall include--
       (1) an assessment of any current shortfalls in facility 
     infrastructure, including the extent of the use of temporary 
     trailers and an inventory of the number and type of new 
     facilities needed to meet the Coast Guards's mission needs; 
     and
       (2) a plan for how the Commandant will develop the 
     appropriate facility infrastructure, including timelines, 
     budgets, and any additional legislative authority the 
     Commandant determines is required to implement such plan.

  The Acting CHAIR. Pursuant to House Resolution 853, the gentleman 
from Maryland (Mr. Kratovil) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Maryland.
  Mr. KRATOVIL. Mr. Chairman, I rise in support of my amendment to H.R. 
3619 because I believe it is our duty to ensure the Coast Guard has 
top-notch facilities and infrastructure in order to

[[Page H11720]]

effectively play its part in keeping America safe.
  My amendment requires the Commandant of the Coast Guard to conduct a 
national study on the facility infrastructure requirements needed to 
fulfill the Coast Guard's prescribed mission and capabilities. This 
amendment is needed to assess the prevalence and effects of the Coast 
Guard operating out of temporary facilities and buildings.
  In Maryland's First District, my district, as an example, the Coast 
Guard is operating out of a double-wide temporary trailer shared with 
NOAA operations in Oxford, Maryland. The Oxford Coast Guard does not 
own its own pier and must lease space from a commercial pier nearly 1 
mile away from the temporary trailer. This temporary arrangement could 
be, obviously, affecting operations and mission capability.
  My amendment requires a report to Congress that must include an 
assessment of any shortfalls in facility infrastructure, including the 
extent of the use of temporary trailers, an inventory of the number and 
type of new facilities needed to meet the service's mission, and a plan 
for how the Commandant of the Coast Guard will develop the appropriate 
facility infrastructure, including timelines, budgets, and additional 
legislative authority the Commandant determines is required to 
implement the plan.
  Mr. Chairman, my amendment is a commonsense means towards ensuring 
those entrusted with protecting our coasts and shorelines are being 
given the right tools and facilities to do so effectively.
  I urge my colleagues to support the amendment.
  I reserve the balance of my time.
  Mr. LoBIONDO. Mr. Chairman, I claim time in opposition although I am 
not in opposition.
  The Acting CHAIRMAN. Without objection, the gentleman from New Jersey 
is recognized for 5 minutes.
  There was no objection.
  Mr. LoBIONDO. Mr. Chairman, we have no objection to the gentleman's 
amendment. The Committee on Transportation and Infrastructure has 
repeatedly requested information on the condition and the need for 
additional Coast Guard shoreside facilities. The gentleman's amendment 
would require the service to submit a report detailing current 
shortfalls and future shoreside needs.
  We congratulate the gentleman. We fully support the amendment.
  I yield back the balance of my time.
  Mr. OBERSTAR. Will the gentleman yield?
  Mr. KRATOVIL. The gentleman will yield.
  Mr. OBERSTAR. I compliment the gentleman on this amendment. As Mr. 
LoBiondo said just a moment ago, there are serious needs, a $1 billion 
backlog in the Coast Guard's shore construction program, and the 
gentleman's amendment is right on point, and I commend him for offering 
it.
  And if the gentleman would yield to the Chair of the subcommittee, 
I'd appreciate it.
  Mr. KRATOVIL. I will yield.
  Mr. CUMMINGS. I rise in very strong support of the amendment offered 
by my colleague from Maryland (Mr. Kratovil). This amendment will 
require the Coast Guard to develop a national inventory of its office 
buildings and other facilities to assess its facilities' shortfalls. 
However, we realize there is a service backlog, as the chairman just 
said, of $1 billion, a shore facility repair backlog, that is.
  So basically what this will do is allow the Coast Guard to more 
effectively and efficiently address this backlog.
  And again, this is a very thoughtful amendment. I want to 
congratulate the Congressman and sponsor for submitting it. And again, 
I strongly support it and would urge our colleagues to vote for it.
  Mr. KRATOVIL. Mr. Chairman, I want to thank the chairmen of the 
committee and the subcommittee for their leadership. I appreciate and 
also thank the other side of the aisle for their support and urge my 
colleagues to support this amendment.
  I yield back my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Maryland (Mr. Kratovil).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. KRATOVIL. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Maryland 
will be postponed.


                  Amendment No. 11 Offered by Mr. Nye

  The Acting CHAIR. It is now in order to consider amendment No. 11 
printed in House Report 111-311.
  Mr. NYE. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 11 offered by Mr. Nye:
       Page 312, after line 22, insert the following new section:

     SEC. __. AUTHORITY OF THE COAST GUARD TO CARRY OUT ITS 
                   HOMELAND SECURITY MISSIONS.

        The provisions of this Act that relate to the Coast 
     Guard's marine safety mission shall not impair the authority 
     of the Coast Guard to carry out its homeland security 
     missions, including--
       (1) protecting ports, waterways, and marine transportation 
     systems in the United States from acts of terrorism;
       (2) safeguarding the United States' international borders 
     from maritime intrusions by aliens seeking unlawful entry 
     into the United States, and from individuals who aim to 
     traffic in illegal drugs, firearms, and weapons of mass 
     destruction in the United States;
       (3) maintaining defense readiness, as one of the armed 
     forces, to rapidly mobilize and deploy defensive security 
     personnel during a national emergency;
       (4) coordinating efforts with Federal, State, and local 
     intelligence agencies to deter, detect, and take action 
     against acts of terrorism;
       (5) preventing human smuggling operations at ports, on 
     waterways, and throughout the marine transportation system; 
     and
       (6) enhancing stability in the United States in support of 
     the national security strategy of the United States as 
     referred to in section 108 of the National Security Act of 
     1947 (50 U.S.C. 404a).

  The Acting CHAIR. Pursuant to House Resolution 853, the gentleman 
from Virginia (Mr. Nye) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Virginia.
  Mr. NYE. Mr. Chairman, today I rise to urge my colleagues to support 
a commonsense, yet necessary, amendment which will make clear the Coast 
Guard's critical role in the homeland security of America.
  The Coast Guard security mission is not new. Since 1790, the Coast 
Guard has served as America's principal law-of-the-sea entity with a 
maritime responsibility of 6 million square miles. However, today the 
Coast Guard must manage multiple security responsibilities as it faces 
the extremely difficult challenge of enforcing increasingly complex 
laws against highly sophisticated adversaries.
  Since 9/11, the U.S. has expanded dramatically its port security 
activities to the more than 300 U.S. ports and millions of Americans 
who live, work, or recreate near them. This is especially important to 
my constituents in Hampton Roads. I represent one of the largest ports 
in the United States, the Port of Virginia. The Port of Virginia is the 
deepest, newest, and biggest port on the east coast, capable of 
handling ships loaded 26 containers across.
  Last month alone, Virginia's Norfolk International Terminal processed 
89,359 container units. With the expanded reopening of the Panama Canal 
in 2014, the port will only grow, and it will be the mission of the 
Coast Guard to ensure the safety of all of those affected by its 
commerce.
  The purpose of this amendment is simple. The Coast Guard is a 
multiple-mission armed force that must have uninhibited freedom to flex 
its military and security powers and respond to numerous concerns and 
threats in the maritime domain. This amendment makes clear that this is 
the most important mission of the Coast Guard, and nothing shall hinder 
that responsibility.
  It is important to note that this amendment does not create new 
authorizations. It simply makes clear the continued importance of 
protecting our waterways and ports, maintaining defense readiness and 
coastal security, and securing our borders against aliens seeking to 
unlawfully enter the United States.
  Americans deserve to know that they will continue to be safe from 
maritime threats. This amendment does just that by clarifying the Coast 
Guard's homeland security missions.

[[Page H11721]]

  I commend to all of my colleagues this commonsense amendment, and I 
urge its support.
  With that, I reserve the balance of my time.
  Mr. LoBIONDO. Mr. Chairman, we accept the gentleman's amendment.
  Mr. CUMMINGS. Will the gentleman yield?
  Mr. NYE. I will yield.
  Mr. CUMMINGS. I want to thank the gentleman for yielding.
  Mr. Chairman, I rise to support the amendment offered by the 
gentleman from Virginia (Mr. Nye). It's an outstanding amendment. This 
amendment states that none of the provisions relating to marine safety 
included in H.R. 3619 would impair the authority of the Coast Guard to 
carry out its homeland security missions.
  I support the amendment and its intention, and I urge its adoption.
  That said, the Transportation Committee and the Coast Guard 
Subcommittee have examined the Coast Guard's performance of its marine 
safety mission in great detail and have significant concerns that the 
service has assigned inexperienced and unqualified individuals to 
conduct casualty investigations, vessel inspections, and other marine-
safety functions.
  The shortcomings in the program have been well documented by the 
Homeland Security's inspector general, by retired Coast Guard Vice 
Admiral James C. Card, and by the committee's own examination of the 
Cosco Busan allision in San Francisco. And so certainly the provisions 
of this amendment will be extremely helpful in helping us again help 
the Coast Guard be most effective and efficient in its efforts, and it 
can only improve the bill and improve an already great organization, 
the United States Coast Guard, our thin blue line at sea.
  Mr. OBERSTAR. Mr. Chair, I support the amendment offered by the 
gentleman from Virginia (Mr. Nye) for the following reasons:
  The amendment specifies that the marine safety provisions in H.R. 
3619 shall not impair the authority of the Coast Guard to carry out its 
homeland security missions.
  The Coast Guard constantly monitors maritime transit zones and the 
Service's law enforcement authority enables it to apprehend foreign 
fishing vessels engaged in poaching and interdict vessels carrying 
illegal drugs, firearms and undocumented migrants.
  The Committee has held several hearings regarding the Coast Guard's 
marine safety program over the past three years. Commandant Thad Allen 
was very concerned about the condition of the marine safety program, so 
he asked retired Admiral Jim Card to conduct a thorough analysis of the 
program. Admiral Card confirmed all of the problems that had been 
raised by industry and mariners during these hearings. H.R. 3619 
addresses these programmatic shortfalls in the marine safety program.
  The Coast Guard is a multi-mission agency and it is important that it 
carries out all of its missions in an effective manner--from marine 
safety and search and rescue, to homeland security.
  Therefore, I support the gentleman's amendment that clarifies that 
nothing in the marine safety portions of H.R. 3619 will affect the 
Coast Guard's legal authority to execute its homeland security mission.
  I urge my colleagues to join me in supporting this amendment.

                              {time}  0945

  Mr. NYE. I thank the chairmen of the committee and the subcommittee 
for their support, and I yield back the balance my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Virginia (Mr. Nye).
  The amendment was agreed to.


                Amendment No. 12 Offered by Mr. Oberstar

  The Acting CHAIR. It is now in order to consider amendment No. 12 
printed in House Report 111-311.
  Mr. OBERSTAR. I rise as the designee of Mr. Stupak to offer the 
amendment on his behalf.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 12 offered by Mr. Oberstar:
       At the end of title 11, add the following new section:
       Sec. __. The Commandant of the Coast Guard shall conduct a 
     study and analysis of the feasibility of the restoring the 
     Fresnel Lens in the Presque Isle Light House in Presque Isle, 
     Michigan to operating condition to meet the safety needs of 
     commerce and submit within 180 days the report to the 
     Transportation & Infrastructure Committee after the date of 
     enactment of this Act.

  The Acting CHAIR. Pursuant to House Resolution 853, the gentleman 
from Minnesota (Mr. Oberstar) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Minnesota.
  Mr. OBERSTAR. Mr. Chairman, the Presque Isle Lighthouse at Presque 
Isle Township on the Upper Peninsula of Michigan is very important, has 
served a very important navigational purpose over many, many years on 
those stormy waters of Lake Superior. Those are treacherous waters. 
Unlike the ocean where waves have a long distance, hundreds of miles to 
play themselves out, the waters of the Great Lakes, and particularly of 
Lake Superior, even with a surface of 33,000 square miles, are short 
and choppy and harsh and brutal in the coming months of November, 
December, January, February.
  The Presque Isle Lighthouse has saved many a mariner. It continues to 
operate, but its light has been replaced by one of more modern quality 
and capability with much greater candle power, much greater visibility, 
and longer distance than the Fresnel lens that the Coast Guard has used 
for probably 150 years; not only the Coast Guard, but other marine 
navigation services. Fresnel lenses are treasured historical pieces, 
but they are not navigational pieces any longer.
  The gentleman's amendment would require the Coast Guard to do a study 
of the feasibility of reinstalling the Fresnel lens in the lighthouse 
in a condition so that it can provide safe navigation to commercial 
vessels on Lake Huron or at the juncture point of the upper waters and 
also serve as a supplement to the existing light.
  I support the gentleman's amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. LoBIONDO. We are happy to support the gentleman's amendment.
  Mr. OBERSTAR. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Minnesota (Mr. Oberstar).
  The amendment was agreed to.


                Amendment No. 13 Offered by Mr. Oberstar

  The Acting CHAIR. It is now in order to consider amendment No. 13 
printed in House Report 111-311.
  Mr. LoBIONDO. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 13 offered by Mr. LoBiondo:
       Page 312, after line 22, add the following new section:

     SEC. __. USE OF FORCE AGAINST PIRACY.

       (a) In General.--Notwithstanding title X of this Act, 
     chapter 81 of title 46, United States Code, is amended by 
     adding at the end the following new section:

     ``Sec. 8107. Use of force against piracy

       ``(a) Limitation on Liability.--An owner, operator, time 
     charterer, master, or mariner who uses force, or authorizes 
     the use of force, to defend a vessel of the United States 
     against an act of piracy shall not be liable for any injury 
     or death caused by such force to any person participating in 
     the act of piracy.
       ``(b) Promotion of Coordinated Action.--To carry out the 
     purpose of this section, the Secretary of the department in 
     which the Coast Guard is operating shall work through the 
     International Maritime Organization to establish agreements 
     to promote coordinated action among flag-and port-states to 
     deter, protect against, and rapidly respond to acts of piracy 
     against the vessels of, and in the waters under the 
     jurisdiction of, those nations, and to ensure limitations on 
     liability similar to those established by subsection (a).''.
       (b) Clerical Amendment.--The analysis at the beginning of 
     such chapter is amended by adding at the end the following 
     new item:

``8107. Use of force against piracy''.

  The Acting CHAIR. Pursuant to House Resolution 853, the gentleman 
from New Jersey (Mr. LoBiondo) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. LoBIONDO. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, earlier this year, pirates attacked two American-flag 
vessels transiting waters off the Horn of Africa. If it were not for 
the heroic actions of our Special Forces, the bravery

[[Page H11722]]

of the captain and the crew of these vessels, a terrible tragedy would 
have been at hand. Just yesterday we got reports that a Panamanian-
flagged vessel had been seized by pirates with hostages being taken. We 
cannot allow this to continue.
  Knowing this would be an ongoing problem, the bill, as it was 
reported from the Transportation and Infrastructure Committee, included 
a very carefully worked out bipartisan agreement that we worked with 
Mr. Oberstar, Mr. Cummings, Mr. Mica, and myself that would shield U.S. 
merchant mariners, ship owners, operators, and captains from 
liabilities in U.S. courts following any action taken to defend a U.S.-
flagged vessel, for instance, taken to defend the United States of 
America against a pirate attack.
  Unfortunately, the Judiciary Committee objected and requested 
Chairman Oberstar add language to his recently adopted manager's 
amendment that appears to be an entanglement for getting the right 
thing done. The way the Judiciary Committee has worded this in the 
manager's amendment, a crewmember would be forced to go through a 
checklist in his mind or her mind of what legal entanglements could 
occur because of this.
  The language in the manager's amendment only grants relief liability 
to the crew owner, meaning the vessel owners or operators and captains 
would still be sued. They would not be held without harm. They would 
have monetary damages, possibly.
  Our amendment restores this bipartisan agreement. It's a commonsense 
agreement, something that the people on the committee worked out. It 
makes no sense in the heat of an attack, when you have got pirates 
coming at a U.S.-flagged vessel with automatic machine gunfire, with 
rocket-propelled grenades, or whatever else may happen, to suggest that 
a crewmember is going to be able to take the time to check through what 
is substantially or in excess or whatever the case is. We need to 
protect American interests.
  Under our amendment, an American crewmember would only need to prove 
that the person attacking the vessel was a pirate in order to receive 
liability relief.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Chairman, I claim the time in opposition.
  The Acting CHAIR. The gentleman from Virginia is recognized for 5 
minutes.
  Mr. SCOTT of Virginia. Mr. Chairman, I fully share the desire of the 
sponsor of the amendment to effectively combat piracy on the high seas, 
but I hope this amendment will not be adopted.
  As he has pointed out, the manager's amendment does address this 
issue and does so consistently with well-established, long-observed 
legal traditions which go back to the ancient civilizations of Rome and 
Babylon. The language in the bill, now with the manager's amendment, 
incorporated language of the Transportation and Infrastructure and the 
Judiciary Committee in place of what was in the introduced bill.
  Now this amendment, unfortunately, goes too far. It grants absolute 
immunity within the United States on our lakes and rivers to violence 
against our own citizens. Now, the difference in the two provision, one 
carefully crafted by the Judiciary Committee and now the one being 
offered on the floor, is not about enabling ship's crews to respond to 
piracy. Both do that fine. The difference is that this amendment would 
eliminate all legal restraints. There will be no legal accountability, 
not even under criminal law. When they say no liability, the way the 
bill is drafted, it would be you could commit crimes against people and 
still be exempt.
  Now, I can't imagine that the sponsor actually meant to do this. I 
think he is talking about civil liability. But when he says--the 
language in the bill, with the manager's amendment, says that you are 
totally immune unless you knew what you were doing was substantially in 
excess of what was necessary.
  The language in the amendment, however, is not even limited to a 
civil liability. It's not even limited to during the attack. It could 
be after the attack when no one is under any danger, and there is no 
limit on what crimes can be committed at that point.
  I would hope, whether this amendment is adopted or not, if there are 
still concerns about the amendment, that we would work together 
cooperatively as we go forward to make sure that we give the 
crewmembers all of the flexibility they need in these situations 
without going too far and allowing crime and torture and everything 
else under criminal law.
  Mr. Chairman, I reserve the balance of my time.
  Mr. LoBIONDO. Mr. Chairman, I yield such time as he may consume to 
the ranking member of the committee, Mr. Mica.
  Mr. MICA. Mr. Chairman, while I know the Judiciary Committee may be 
well-intended--the Judiciary Committee has the responsibility to make 
certain and ensure that citizens' rights are protected--we are not 
talking about any act that is committed within waters of the United 
States. In fact, there are laws and definitions that rule enforcement 
and legal proceedings. We are talking about an act of piracy on the 
high seas.
  We are talking about the way the Judiciary Committee has constructed 
this language that we now have a piracy or a pirate protection 
provision in the bill that we worked so hard on in a bipartisan manner 
to make certain that we give every tool possible to those who man our 
vessels, American-flagged vessels on the high seas, to take on pirates 
with whatever force they need. We don't need to have a test and read 
them their Miranda rights and a whole host of normal, civil procedures.
  What we need to do is give those who are being attacked, when we see 
murder and mayhem on the high seas, give them the tools to respond 
adequately. Just like a citizen would defend their own home or their 
own property, we have American-flagged vessels that deserve the 
protection of the amendment offered by the gentleman from New Jersey 
(Mr. LoBiondo).
  I urge its adoption.
  Mr. SCOTT of Virginia. Mr. Chairman, I would like to pose a couple of 
questions to the sponsor of the amendment, if he would respond.
  My first question would be whether it's his intent, because the 
language under the amendment does not limit it to the high seas, is it 
your intent to limit this application to high seas?
  I yield to the gentleman.
  Mr. LoBIONDO. Well, under title 18, an act of piracy is defined as 
happening on the high seas. The intention is to defend against an act 
of piracy and, as defined by law, it has to be on the high seas.
  Mr. SCOTT of Virginia. Reclaiming my time, I would ask another 
question, Mr. Chairman.
  Is it your intent to limit this to the application of civil law and 
not criminal law? Would you exempt owners and operators from criminal 
acts?
  Mr. LoBIONDO. Yes.
  Mr. SCOTT of Virginia. Yes, you do exempt them from criminal acts?
  Mr. LoBIONDO. For civil.
  Mr. SCOTT of Virginia. Just civil.
  Mr. LoBIONDO. Just civil.
  Mr. SCOTT of Virginia. Reclaiming my time, Mr. Chairman, I think the 
wording, as it is, says that an owner-operator who uses force or 
authorized the use of force to defend a vessel of the United States 
against an act of piracy shall not be liable for any injury or death 
caused by such force.
  That does not limit it, in its present version, to civil. It would 
actually exempt him from any liability, that would include criminal. I 
would hope that the gentleman, whatever happens to the amendment, would 
work cooperatively so that we would limit it to the intent as he has 
articulated today.
  Mr. LoBIONDO. We certainly would be happy to work with you to make 
sure that we are in synchronization with what we are all understanding.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield back the balance of my 
time.
  Mr. LoBIONDO. Just to close, again, the manager's amendment, the 
crewmember of the vessel would have to prove in court that he knew at 
the time, she knew at the time, that the defensive actions were not 
substantially in excess of what is reasonable. That's not what's going 
to happen if a piracy attack occurs.

[[Page H11723]]

  I don't think any Members are going to even want to be close to 
voting for a piracy protection provision in line with what's going on. 
What does substantially in excess of reasonable mean? A crewmember is 
going to have to think through this checklist as a pirate attack is 
happening?
  That's not what we have in mind. I don't think it's the right way to 
go. I would urge all of our Members to vote in favor of this amendment 
to make sure that U.S. interests are protected.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. LoBiondo).
  The amendment was agreed to.


                    Announcement by the Acting Chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on the amendment printed in House Report 111-311 on 
which further proceedings were postponed:

       Amendment No. 10 by Mr. Kratovil of Maryland.


                Amendment No. 10 Offered by Mr. Kratovil

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Maryland 
(Mr. Kratovil) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 398, 
noes 0, not voting 40, as follows:

                             [Roll No. 812]

                               AYES--398

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Becerra
     Berkley
     Berman
     Berry
     Bilbray
     Bilirakis
     Bishop (NY)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Flake
     Fleming
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Hoyer
     Hunter
     Inglis
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Sablan
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                             NOT VOTING--40

     Abercrombie
     Baca
     Barrett (SC)
     Bean
     Biggert
     Bishop (GA)
     Bishop (UT)
     Braley (IA)
     Buyer
     Calvert
     Capuano
     Cardoza
     Culberson
     Davis (AL)
     Davis (TN)
     Dreier
     Engel
     Faleomavaega
     Forbes
     Gohmert
     Higgins
     Hinojosa
     Honda
     Inslee
     Jones
     Lofgren, Zoe
     Maffei
     Maloney
     McCaul
     Melancon
     Nadler (NY)
     Price (NC)
     Richardson
     Rogers (MI)
     Rush
     Thornberry
     Walden
     Wamp
     Wexler
     Young (AK)

                              {time}  1040

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. ROGERS of Michigan. Mr. Chairman, on rollcall No. 812 I was not 
able to vote on the House floor on the amendment to H.R. 3619, the 
Coast Guard Authorization Act offered by Representative Kratovil due to 
a family matter. Had I been present, I would have voted ``yea.''
  Mr. CALVERT. Mr. Chairman, on rollcall No. 812 the amendment offered 
by Representative Kratovil from Maryland, which requires the USCG to 
conduct a study on the facility infrastructure requirements needed to 
fulfill the Coast Guard's missions and capabilities and report the 
findings within 180 days. Had I been present, I would have voted 
``aye.''
  The Acting CHAIR. No further amendments being in order, under the 
rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Weiner) having assumed the chair, Mr. Pastor of Arizona, Acting Chair 
of the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 
3619) to authorize appropriations for the Coast Guard for fiscal year 
2010, and for other purposes, pursuant to House Resolution 853, he 
reported the bill, as amended pursuant to that resolution, back to the 
House with sundry further amendments adopted by the Committee of the 
Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Pursuant to House Resolution 853, the question on adoption of the 
further amendments will be put en gros.
  The question is on the amendments.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. OBERSTAR. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 385, 
nays 11, not voting 36, as follows:

[[Page H11724]]

                             [Roll No. 813]

                               YEAS--385

     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Becerra
     Berkley
     Berman
     Berry
     Bilbray
     Bilirakis
     Bishop (NY)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Brady (PA)
     Brady (TX)
     Bright
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Crenshaw
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hill
     Himes
     Hinchey
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paulsen
     Payne
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     Perlmutter
     Perriello
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Sestak
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                                NAYS--11

     Broun (GA)
     Courtney
     Flake
     Franks (AZ)
     King (IA)
     Paul
     Royce
     Ryan (WI)
     Sensenbrenner
     Shadegg
     Tiahrt

                             NOT VOTING--36

     Abercrombie
     Baca
     Barrett (SC)
     Bean
     Biggert
     Bishop (GA)
     Bishop (UT)
     Boyd
     Braley (IA)
     Buyer
     Calvert
     Capuano
     Cardoza
     Culberson
     Davis (AL)
     Davis (TN)
     Dreier
     Forbes
     Gohmert
     Higgins
     Hinojosa
     Inslee
     Jones
     Lofgren, Zoe
     Maffei
     Maloney
     McCaul
     Melancon
     Richardson
     Rogers (MI)
     Rush
     Thornberry
     Walden
     Wamp
     Wexler
     Young (AK)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). One minute is left in the 
vote.

                              {time}  1057

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. ROGERS of Michigan. Mr. Speaker, on rollcall No. 813 I was not 
able to vote on the House floor on the passage of H.R. 3619, the Coast 
Guard Authorization Act due to a family matter. Had I been present, I 
would have voted ``aye.''
  Mr. CALVERT. Mr. Speaker, on rollcall No. 813, final passage of the 
Fiscal Year 2010 U.S. Coast Guard Authorization Act, had I been 
present, I would have voted ``yea.''

                          ____________________