[House Report 110-899]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-899
======================================================================
HONORING THE HERITAGE OF THE COAST GUARD
_______
September 28, 2008.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H. Res. 1382]
The Committee on Transportation and Infrastructure, to whom
was referred the resolution (H. Res. 1382) honoring the
heritage of the Coast Guard, having considered the same, report
favorably thereon without amendment and recommend that the
resolution be agreed to.
PURPOSE OF THE RESOLUTION
H. Res. 1382 honors the long and proud heritage of the U.S.
Coast Guard and the men and women that serve in the Coast Guard
and have served in the Coast Guard and its many predecessor
agencies over the past 219 years. The Committee on
Transportation and Infrastructure honors the 41,873 officers
and enlisted members in the Coast Guard and the 7,057 civilians
employed by the Coast Guard and the proud and distinguished
legacy which they strive to carry out the many missions
established by Congress to protect our coast and waterways.
BACKGROUND AND NEED FOR RESOLUTION
The heritage of the Coast Guard begins in the very first
Congress of the United States that enacted, on August 7, 1789,
an Act to promote safety and protect commerce that required,
``That all expenses which shall accrue from and after the
fifteenth day of August, one thousand seven hundred and eighty-
nine, in the necessary support, maintenance and repairs of all
lighthouses, beacons, buoys and public piers erected, placed,
or sunk before the passage of this act, at the entrance of, or
within any bay, inlet, harbor, or port of the United States,
for rendering the navigation thereof easy and safe, shall be
defrayed out of the treasury of the United States.'' 1 Stat.
53. This federal responsibility became known as the U.S.
Lighthouse Service.
On September 1, 1789, Congress passed an act providing for
the registering and clearing of vessels and the regulation of
coastwise trade. Only American-built vessels could be
registered--the first cabotage law. 1 Stat. 55. Today, this
service is provided by the Coast Guard's National Vessel
Documentation Center.
The next year, Secretary of the Treasury Alexander
Hamilton, realizing that illegal importation of goods was
robbing the treasury of its only source of revenue, urged
Congress to adopt an act to create a maritime service to
enforce customs laws. 1 Stat. 145, 175. This service was known
by various names--``system of cutters'', ``Revenue Service'',
and ``Revenue-Marine''--and was finally officially named the
``Revenue Cutter Service'' in 1863. 12 Stat. 639.
In the early 1800s, Robert Fulton designed the first
commercially successful steamboat, the Claremont, which carried
passengers on the Hudson River from New York City and Albany.
This new mode of transportation would lead to speedier travel,
but it was not necessarily safer. Many steam boilers failed in
violent explosions taking many lives. In 1938, Congress passed
an act to ``provide better security of the lives of passengers
on board of vessels propelled in whole or in part by steam''
under the jurisdiction of the Justice Department giving the
U.S. District Courts the authority to appoint inspectors of
hulls and boilers. 5 Stat. 304. This ``service'', later to
become the Steamboat Inspection Service, did not have much
impact--explosions continued to increase with continued loss of
life.
It may be hard for 21st Century travelers to realize that
the quickest and most economical way to transport anything in
the early days of our nation was by water. Coastal packets--an
early form of ``short-sea shipping'' carried the vast majority
of raw materials, goods, and people up and down the coasts.
Sailing vessels and later steam-ships often found themselves
close to shore in violent storms.
Shipwrecks were common and loss of life was great. Many
private, local rescue organizations were established along the
coast--most just provided shelters where shipwrecked sailors
might find refuge. In 1848, Congress appropriated funds for
these volunteer organizations to purchase equipment. 9 Stat.
321, 322.
In 1852, to correct the inadequacies of the 1838 law,
Congress reorganized the Steamboat Inspection Service and
formally established it as part of the Treasury Department. The
Act established nine districts and nine supervising inspectors
who, ``shall be fully competent to make a reliable estimate of
the strength, seaworthiness, and other qualities of the hulls
of steamers and their equipment, deemed essential to safety of
life, when such vessels are employed in the carriage of
passengers'', and in the case of an inspector of boilers,
``shall be able to form a reliable opinion of the quality of
the material, the strength, form, workmanship, and suitableness
of such boilers and machinery to be employed in the carriage of
passengers, without hazard to life, from imperfections in the
material workmanship, or arrangement of any part of such
apparatus for steaming.'' This Act also established for the
first time certificates of inspection and the authority to
promulgate pilot rules. 10 Stat. 1852.
In that same year, Congress also established the Lighthouse
Board to administer the nation's lighthouse system. The Board
was made up of two officers of the Navy, two officers of the
Engineer Corps, and two civilians of high scientific
attainments whose services were at the disposal of the
President, and an officer of the Navy and of the Engineers as
secretaries. It was empowered under the Secretary of the
Treasury to ``discharge all the administrative duties''
relative to lighthouses and other aids to navigation. The
Secretary of the Treasury was president of the Board, and the
Board was authorized to elect a chairman and to divide the
coast of the United States into 12 lighthouse districts, and
the President would assign an army or navy officer as
lighthouse inspector to each district. 32 Stat. 112.
In 1871, Congress again amended the 1852 Act to correct the
inadequacies of the Act regarding steamboat safety and provide
centralized supervision of the Steamboat Inspection Service by
a ``Supervising Inspector General'' under the direct
supervision of the Secretary of the Treasury and a Board of
Supervising Inspectors who would establish rules and
regulations for the uniform administration of the inspection
laws. 16 Stat. 440.
In 1874, Congress adopted legislation establishing life-
saving stations, life-boat stations, and houses of refuge ``for
the better preservation of life and property from shipwreck''
at a series of locations along the coasts of the United States
and authorized the Secretary of the Treasury to appoint
Superintendents and keepers as necessary and to employ crews.
The Act also established the life-saving medals of the first
(gold) and the second (silver) class. The Secretary was
authorized to adopt regulations to carry out the provisions of
the Act. 43 Stat. 125.
In 1878, Congress authorized the Secretary of the Treasury
to establish life-saving stations at specific points along all
of the coasts of the United States and further authorized the
President, with the consent of the Senate, to appoint a General
Superintendent of the Life-Saving Service under the immediate
direction of the Secretary of the Treasury. Further, the
Secretary of the Treasury was authorized to appoint officers of
the Revenue Marine Service to act as inspectors and assistant
inspectors of life-saving stations. Whenever a shipwreck
occurred within the jurisdiction of one of the life-saving
stations, the General Superintendent was instructed to conduct
an investigation of ``all the circumstances connected with said
disaster and loss of life to be made, with a view of
ascertaining the cause of the disaster, and whether any of the
officers or employees of the service have been guilty of
neglect or misconduct in the premises . . .'' Keepers of life-
saving stations were paid $400 per year and were also empowered
to be inspectors of customs, but did not receive any additional
compensation for this additional responsibility. Members of
life-boat crews were compensated at a rate of $8 for each
rescue they participated in and $3 for each drill. 20 Stat.
163.
In 1884, Congress established the Bureau of Navigation as
part of the Treasury Department. ``The Commissioner of
Navigation, under the direction of the Secretary of the
Treasury, shall have general superintendence of all commercial
marine and merchant seamen of the United States . . .'' and
``shall be charged with the supervision of the laws relating to
the admeasurement of vessels, and the assigning of signal
letters thereto, and designating their official number . . .''
and ``shall annually prepare and publish a list of vessels of
the United States . . . and report annually to the Secretary of
the Treasury the increase in vessels of the United States. . .
. The Commissioner of Navigation shall be appointed by the
President . . . by and with the advise and consent of the
Senate, and shall receive a salary of four thousand dollars per
annum.'' 23 Stat. 118.
In 1903, Congress established the Department of Commerce
and Labor, ``to foster, promote, and develop the foreign and
domestic commerce, the mining, manufacturing, shipping, and
fisheries industries, the labor interests, and the
transportation facilities of the United States. The Light-House
Board, the Light-House Establishment, the Steamboat Inspection
Service, and the Bureau of Navigation were transferred from the
Department of the Treasury to the new Department. 32 Stat. 25.
In June 1904, 957 people died when the excursion steamer
General Slocum burned in the East River of New York City.
Reacting to this tragedy that killed many women and children,
Congress, in March 1905, amended section 4405 of the Revised
Statutes regarding the Steamboat Inspection Service, providing
the Board of Supervising Inspectors with the authority to
prescribe measures to prevent and extinguish fires, and
determine the amount and type of lifesaving equipment required
to be carried on board. The Secretary of Commerce and Labor was
empowered to form a regulations committee with the authority to
alter, amend, add to, or repeal rules and regulations made by
the Board of Supervising Inspectors, with such rules and
regulations to remain in effect until 30 days after the next
meeting of the Board of Supervising Inspectors. The legislation
established the right of appeal by a person to a board of local
inspectors to the supervising inspector of that district and
subsequently to the Supervising Inspector General. Further, the
assistant inspectors were placed under the direct supervision
of the local inspectors. 33 Stat. 1022.
Responding to the rising number of casualties and deaths
involving recreational motor boats, Congress enacted the Motor
Boat Act of 1910, which required the inspection of all steam-
propelled ``motor boats'' over 40 feet in length. The Act
required certain motor boats to be equipped with navigation
lights, fog horn, bell, life preservers, and fire extinguisher.
The operator of motor boats carrying passengers for hire was
required to be licensed, but no examination was required for
the license, which could be revoked or suspended by the local
board of inspectors. The Secretary was authorized to prescribe
regulations to implement the Act (some of which are still in
effect today), and the penalty for a violation of the Act was
$100. 36 Stat. 462.
In 1915, Congress passed the ``Seamen's Act'' implementing
many of the provisions of the first International Convention of
the Safety of Life at Sea, including establishing among other
provisions the two- and three-watch system on most vessels,
payment requirements for seamen, the accommodations for seamen
including bunk and washing spaces. The Act also established
punishment for seamen who violated their employment
``contract'', but prohibited corporal punishment such as
flogging. Further, the Act required that at least 75 percent of
the seamen be able to understand their orders, and established
minimum qualifications for able seamen on vessels over 100
gross tons, including decked fishing vessels, naval vessels and
coast guard vessels on oceans and the Great Lakes. The Act
contains detailed ``regulations'' for life-saving equipment,
including lifeboats, their davits and equipment, embarkation
arrangements, certification of lifeboat men, the manning of
lifeboats, life jackets and life buoys. 38 Stat. 1164.
In 1915, President Woodrow Wilson signed the ``Act to
Create the Coast Guard'', an Act passed by Congress on January
20, 1915, which combined the Life-Saving Service and Revenue
CutterService to form the U.S. Coast Guard. A major thrust of
this legislation was to provide pension and disability benefits to the
life-savers. At the time, there was no federal pension plan for
Treasury Department employees, and Congress did not want to create one
that would require benefits for the many tax clerks and others who
worked for the Department. The Revenue Cutter Service had a pension
system similar to that of the Navy. Thus, by merging the two
organizations, life-savers and their families would be afforded at
least minimal benefits. 38 Stat. 800.
In 1918, Congress enacted an Act to require the numbering
of all undocumented vessels propelled by machinery except
public vessels and vessels of less than 16 feet in length
propelled by an outboard motor. The numbers were to be not less
than three inches and affixed to each bow in contrasting color.
The same requirement prevails to this day for the display of
state registration numbers required for all vessels propelled
by machinery. 40 Stat. 602.
In 1929, Congress enacted the ``Load Line Act'', requiring
load lines on American vessels over 250 gross tons on a foreign
voyage, except the Great Lakes. The regulations to implement
the Act came into effect in September 1930. 45 Stat. 1492.
Between May 20, and June 10, 1931, delegates from 30 maritime
nations met in London to develop the International Load Line
Convention, which was ratified by the United States on June 10,
1931. The requirements of the Convention were incorporated into
the Load Line Regulations adopted in 1930. In 1935, Congress
further required load lines on merchant vessels of more than
150 gross tons on a coastwise voyage, meaning ``a voyage on
which a vessel in the usual course of her employment proceeds
from one port or place in the United States or her possessions
to another port or place in the United States or her
possessions and passes outside the line dividing inland waters
from the high seas . . .'' 49 Stat. 888. The 1935 Act was
further amended in 1936. 49 Stat. 1543.
The Act of June 30, 1932, ``authorized and directed the
Secretary of Commerce to consolidate and coordinate the
Steamboat Inspection Service and Bureau of Navigation into the
Bureau of Navigation and Steamboat Inspection'' with all the
duties and powers of each of the old bureaus transferred to the
new bureau. The positions of Supervising Inspector General and
Commissioner of Navigation were eliminated and a Director of
the Bureau of Marine Inspection and Navigation was established.
47 Stat. 415.
On June 13, 1933, Congress amended the statutes relative to
inspection of vessels, extending the inspection for ``steam
vessels'' to vessels ``propelled by mechanical or electrical
power'' and further amended the statutes to require the
promulgation of regulations regarding the testing and approval
of boilers, pressure vessels and the fitting thereof, including
the pre-approval of the materials for construction. 48 Stat.
125.
On September 8, 1934, the cruise ship Morro Castle burned
off the coast of New Jersey resulting in the death of 124
passengers and crew. On January 24, 1935, the passenger vessel
Mohawk collided with the Norwegian motorship Talisman, sinking
the Mohawk with the loss of 14 passengers and 31 crewmembers.
These two tragedies, plus several others, resulted in thorough
Congressional investigation that sought to provide greater
safety for passengers and crew. Senator Royal S. Copeland
convened a technical committee which drafted a report on the
state of maritime safety at the time and recommended specific
safety legislation most of which was later adopted as
regulation. S. Rept. 184.
On May 27, 1936, Congress adopted Public Law 74-622 (49
Stat. 1380), which reorganized and changed the name of the
Bureau of Navigation and Steamboat Inspection to the Bureau of
Marine Inspection and Navigation (``BMIN''). The number of
inspection districts and supervising inspectors was reduced
from 11 to seven. Ten principal traveling inspectors were
appointed to observe conditions onboard ships at sea to assure
that vessels were properly operated; crews well trained and
discipline maintained; that passengers were instructed
regarding lifeboat, fire, and abandon-ship procedures; and crew
morale was maintained.
The reorganization also established ``marine boards'' to
investigate marine casualties. ``A'' boards, which investigated
loss of life, consisted of a representative of the Department
of Justice, the Coast Guard, and the Department of Commerce.
These boards were required to investigate the fundamental
causes of a casualty and fix responsibility. Other casualties
were investigated by ``boards'' of one or two BMIN personnel
depending on the severity of the casualty.
The Act reorganizing BMIN had an important provision
requiring that members of the newly established ``technical
division'' be ``selected for their knowledge, skill, and
practical experience in designing and supervising the
construction and operation of vessels propelled by machinery,
and shall be competent judged of the character, strength,
stability and safety qualities of such vessels and their
equipment.''
In June 1936, Congress acted on several issues regarding
maritime safety. On June 19, 1936, the Senate ratified the 1929
Convention for Safety of Life at Sea (``SOLAS''). The following
day, June 20, Congress extended inspection laws to sea-going
motor vessels of 300 gross tons and over. 49 Stat. 1544. On
June 23, Congress passed an Act to provide that all tank
vessels carrying dangerous liquid cargos in bulk subject to
inspection, bringing an additional 2,500 vessels under
inspection. 49 Stat. 1889.
On June 25, 1936, Congress enacted the ``Personnel Bill''
to improve conditions on board ship and to protect seaman. The
Act established the eight-hour work day and three-watch system
for both deck and engine room departments for a majority of
seagoing vessels and required that a monthly inspection of
crews quarters on all United States vessels weighing more than
100 tons. The Act cancelled and required the reissue of all
documents for lifeboatman and able seaman and required that
members of the crew other than officers have a ``continuous
discharge book''. The Act further required that 75 percent of
the crew--below the grade of officers--be United States
citizens, and that U.S. citizens constitute 80 percent of the
crew of government-subsidized vessels. 49 Stat. 1930.
In addition, Congress enacted the Merchant Marine Act of
1936 establishing the Federal Maritime Commission.
In 1938, the President, with the advice and consent of the
Senate, ratified a number of draft conventions of the
International Labor Organization, including the Officers'
Competency Certificates Convention of 1936. Congress passed the
act of July 17, 1939 (53 Stat. 1049) to carry out the
provisions of the Convention. Provisions of this Act requiring
licensed officers on a vessel weighing more than 200 gross tons
operating beyond the boundary line remain in force today. 46
U.S.C. 8304.
As part of the Reorganization Act of 1939, the ``Bureau of
Lighthouses in the Department of Commerce and its functions are
hereby transferred to and shall be consolidated with and
administered as part of the Coast Guard in the Department of
the Treasury.'' 53 Stat. 1432.
On April 25, 1940, Congress adopted the Motor Boat Act of
1940 amending and adding to the Motor Boat Act of 1910.
``Motorboats'' were defined in the Act as ``every vessel
propelled by machinery and not more that sixty-five feet in
length except tugboats and towboats propelled by steam.'' The
Act established four classes of motorboats; prescribed
requirements for navigational lights and sound-signaling
devices; life-preservers (what today are called Personal
Flotation Devices); fireextinguishers, backfire flame arrestors
and bilge ventilation. The Act established licensing requirements for
the operator of a motorboat carrying passengers for hire and
specifically stated that, ``No person shall operate any motorboat or
any vessel in a reckless of negligent manner so as to endanger the
life, limb, or property of any person.'' 54 Stat. 163.
In 1940, Congress amended the Revised Statutes ``to provide
for the safe carriage of explosives or other dangerous or
semidangerous articles or substances on board vessels; to make
more effective the provisions of the International Convention
for the Safety of Life at Sea, 1929, relating to the carriage
of dangerous goods.'' 54 Stat. 1023.
In February 1942, the functions relating to safety of life
at sea, marine inspection, seamen's welfare and certain other
maritime activities carried out by the Bureau of Marine
Inspection and Navigation were temporarily transferred from the
Department of Commerce to the U.S. Coast Guard (by executive
order) for the duration of the war and until six months after
the end of hostilities. The Coast Guard was responsible for
those safety matters that had been regulated by BMIN: Approval
of plans for merchant ships and their equipment; inspection of
vessels to check stability, fire control or fireproofing, life-
saving and fire-fighting equipment; administration of load line
requirements; administration and enforcement of the laws
pertaining to the numbering of motor-boats and the issuance of
certificates of inspection; examination, licensing, and
certification of Merchant Marine personnel--masters, pilots,
engineers, staff officers; investigation of marine casualties;
preparation and publication of rules and regulations to protect
passengers, officers, and crews of American ships; Merchant
Marine Council activities; and the training of merchant
mariners.
In 1946, pursuant to Executive Order 9083 and
Reorganization Plan No. 3, the Bureau of Marine Inspection and
Navigation was abolished and became a permanent part of the
Coast Guard under the Treasury Department.
On May 10, 1956, Congress enacted the ``Ray Act'', now
referred to as the ``Small Passenger Vessel Act'', requiring
inspection of passenger vessels weighing less than 100 gross
tons and carrying more than six passengers, to ensure that the
vessel could be ``operated, and navigated with safety to life
in the proposed service and that all applicable requirements of
marine safety statutes and regulations are faithfully complied
with.'' 70 Stat. 151.
On September 1, 1958, Congress adopted the Federal Boating
Act of 1958, amending the Motor Boat Act of 1940 making it
applicable to all ``motor boats . . . on the navigable waters
of the United States . . .'' and requiring the numbering of all
vessels propelled by machinery of more than 10 horsepower and
established a system whereby individual States could adopt a
uniform numbering and certificate system. The Act further
required that accidents involving numbered vessels be reported
to the State in which the accident occurred and that the data
collected by the States be reported to the Coast Guard. 72
Stat. 1754. In 1961, Congress extended the requirements of the
Federal Boating Act of 1958 to Puerto Rico, the Virgin Islands,
and Guam. 75 Stat. 408.
On July 20, 1965, Congress ``exempted oceanographic
research vessels from the application of vessels inspection
laws'', and declared that ``scientific personnel'' were not
``passengers''. 79 Stat. 424.
In 1967, Executive Order 167-81 transferred the U.S. Coast
Guard from the Treasury Department to the newly-formed
Department of Transportation.
On August 10, 1971, Congress enacted the Federal Boat
Safety Act of 1971, establishing manufacturer and operator
requirements and the National Boating Safety Council to work
with the Coast Guard in the adoption of regulations affecting
recreational boating safety. The Federal Boat Safety Act of
1971 granted broad authority to the Secretary to establish
recreational boating safety standards that include
manufacturing requirements and mandatory requirements for
safety equipment. P.L. 92-75.
In 1972, Congress enacted the Ports and Waterways Safety
Act after finding that ``navigation and vessel safety,
protection of the marine environment, and safety and security
of United States port and waterways matters of major national
importance; that increased vessel traffic in the Nation's ports
and waterways creates substantial hazard to life, property, and
the marine environment; that increased supervision of vessel
and port operations is necessary; and that advanced planning is
critical in determining proper and adequate protective measures
for the Nation's ports and waterways and the marine
environment, with continuing consultation with other Federal
agencies, State representatives, affected users, and the
general public. . . .'' The Act greatly expanded the Coast
Guard's authority to regulate vessel activities in the
navigable waters of the United States. P.L. 95-474.
Nineteen years ago on March 24, 1989, the Exxon Valdez
grounded on Bligh Reef in Prince William Sound near Valdez,
Alaska and released 10.8 million gallons of Prudhoe Bay crude
oil. Congress enacted the Oil Pollution Act of 1990 (``OPA-
90'') (P.L. 101-380) in response to this environmental
disaster. It required that all vessels shipping oil into the
country have a detailed plan to prevent spills and to contain
and clean up a spill should one occur. OPA-90 also required the
phase-out of single-hull tank vessels and tank barges and the
development of Area Contingency Plans.
In November 2002, Congress adopted the Maritime
Transportation Security Act (P.L. 107-295) to provide for
enhanced security at the nation's 361 ports and waterfront
facilities, requiring the development and implementation of
national, port and individual/facility security plans. The Act
provided for port security grants to assist ports with physical
security infrastructure needs.
In 2003, Congress transferred the U.S. Coast Guard from the
Department of Transportation to the newly-created Department of
Homeland Security.
SUMMARY OF THE LEGISLATION
H. Res. 1382 honors the long and proud heritage of the U.S.
Coast Guard that begins in the very first Congress of the
United States that enacted, on August 7, 1789, an Act
establishing in the Treasury Department a lighthouse service to
promote safety and protect commerce. 1 Stat. 53. This federal
responsibility became known as the U.S. Lighthouse Service.
Today, the U.S. Coast Guard has many responsibilities
including: Search and Rescue; Marine Safety; Ports, Waterways,
and Coastal Security; Illegal Drug Interdiction; Undocumented
Migrant Interdiction; Defense Readiness; Marine Environmental
Protection; Living Marine Resources Law Enforcement; Aids-to-
Navigation and Waterways Management; Domestic and Polar Ice
Operations; and other Law Enforcement responsibilities. Each
day, the 41,873 officers and enlisted members in the Coast
Guard and the 7,057 civilians employed by the Coast Guard carry
out these missions to protect the coasts and waterways of the
United States. The Committee honors each and every one of them
and all those who were part of the many predecessor
organizations that now make up our Coast Guard.
LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION
On July 29, 2008, Chairman James L. Oberstar introduced H.
Res. 1382 to honor all the men and women of today's Coast
Guard, and all of the predecessor organization that have formed
its purpose of protecting the coast, protecting life and
property at sea, protecting the environment, and protecting the
nation's ports and waterways.
On July 31, 2008, the Committee on Transportation and
Infrastructure met in open session to consider H. Res. 1382,
and ordered the resolution reported favorably to the House by
voice vote with a quorum present.
RECORD VOTES
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each record vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no recorded votes taken in connection with consideration
of H. Res. 1382 or ordering the resolution reported. A motion
to order H. Res. 1382 reported favorably to the House was
agreed to by voice vote with a quorum present.
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
COST OF LEGISLATION
With respect to the requirements of clause 3(d)(2) of rule
XIII of the Rules of the House of Representatives, H. Res. 1382
is a resolution of the House of Representatives and therefore
does not have the force of law. As such, there is no cost
associated with this resolution for fiscal year 2008, or for
any fiscal year thereafter.
COMPLIANCE WITH HOUSE RULE XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
advises that the resolution contains no measure that authorizes
funding, so no comparison of the total estimated funding level
for the relevant programs to the appropriate levels under
current law is required.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
Committee advises that the resolution contains no measure that
authorizes funding, so no statement of general performance and
objectives for any measure that authorizes funding is required.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee advises that the resolution contains no measure that
authorizes funding. Neither a cost estimate nor comparison for
any measure that authorizes funding is required.
COMPLIANCE WITH HOUSE RULE XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, H. Res. 1382 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI
of the Rules of the House of Representatives.
CONSTITUTIONAL AUTHORITY STATEMENT
With respect to (3)(d)(1) of rule XIII of the Rules of the
House of Representatives, H. Res. 1382 is a resolution of the
House of Representatives and therefore does not have the force
of law. As such, clause (3)(d)(1) of rule XIII does not apply.
FEDERAL MANDATES STATEMENT
H. Res. 1382 contains no Federal mandates.
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H. Res. 1382 does not
preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
resolution.
APPLICABILITY TO THE LEGISLATIVE BRANCH
The Committee finds that the resolution does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H. Res. 1382 makes no changes in existing law.