[Congressional Record Volume 151, Number 114 (Tuesday, September 13, 2005)]
[House]
[Pages H7823-H7825]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SPORTFISHING AND RECREATIONAL BOATING SAFETY AMENDMENTS ACT OF 2005

  Mr. SHUSTER. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 3649) to ensure funding for sportfishing and boating safety 
programs funded out of the Highway Trust Fund through the end of fiscal 
year 2005, and for other purposes.
  The Clerk read as follows:

                               H.R. 3649

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Sportfishing and 
     Recreational Boating Safety Amendments Act of 2005''.

   TITLE I--CORRECTIONS TO THE SPORTFISHING AND RECREATIONAL BOATING 
                           SAFETY ACT OF 2005

     SEC. 101. EFFECTIVE DATE OF AMENDMENTS.

       (a) In General.--The Sportfishing and Recreational Boating 
     Safety Act of 2005 (Public Law 109-59) is amended--
       (1) by striking section 10112(b)(2); and
       (2) by inserting after section 10101 the following:

     ``SEC. 10102. EFFECTIVE DATE.

       ``The amendments made by this subtitle shall take effect 
     October 1, 2005.''.
       (b) Temporary Preservation of Existing Law.--Except as 
     provided by the amendments made by title II of this Act, 
     during the period beginning on the date of the enactment of 
     the Sportfishing and Recreational Boating Safety Act of 2005, 
     and ending upon the expiration of fiscal year 2005, the 
     provisions of law amended by the Sportfishing and 
     Recreational Boating Safety Act of 2005 (as amended by this 
     Act) shall be considered to read as such laws read 
     immediately before the enactment of that Act.

[[Page H7824]]

     SEC. 102. RECREATIONAL BOATING SAFETY FUNDS.

       Section 10143 of the Sportfishing and Recreational Boating 
     Safety Act of 2005 (Public Law 109-59) is amended--
       (1) in paragraph (1) by striking ``under section 10119 of 
     the Sportfishing and Recreational Boating Safety Act of 
     2005'' and inserting ``under section 15 of the Dingell-
     Johnson Sport Fish Restoration Act'';
       (2) in paragraph (2) by striking ``subsection (a)(2) of 
     section 4 of the Dingell-Johnson Sport Fish Restoration Act 
     (16 U.S.C. 777c(a)(2))'' and inserting ``subsections (a)(2) 
     and (f) of section 4 of the Dingell-Johnson Sport Fish 
     Restoration Act (16 U.S.C. 777c(a)(2) and (f))'';
       (3) in paragraph (4)--
       (A) in subparagraph (B) by inserting a closed parenthesis 
     after ``(16 U.S.C. 777c(a)(2)''; and
       (B) by striking subparagraphs (C) and (D) and inserting the 
     following:
       ``(C) by striking `$5,000,000' and inserting `$5,500,000'; 
     and
       ``(D) by inserting `not less than' before `$2,000,000'; 
     and''; and
       (4) in paragraph (5) by striking ``unexpected'' and 
     inserting ``unexpended''.

     SEC. 103. EXPENDITURE OF REMAINING BALANCE IN BOAT SAFETY 
                   ACCOUNT.

       Section 10119 of the Sportfishing and Recreational Boating 
     Safety Act of 2005 (Public Law 109-59) is amended in the text 
     proposed to be inserted as section 15 of the Dingell-Johnson 
     Sport Fish Restoration Act--
       (1) in paragraph (2)(A)(v) of such text by striking ``of 
     this Act'' and inserting ``of that section'';
       (2) in paragraphs (1) through (4) of such text by striking 
     ``subsection (b) of that section'' each place it appears in 
     such text and inserting ``subsection (c) of that section''; 
     and
       (3) in paragraph (5)--
       (A) in subparagraph (A) by striking ``subsection (b)'' and 
     inserting ``subsection (a)(2) of that section''; and
       (B) in subparagraph (B) by striking ``subsection (h)'' and 
     inserting ``subsection (c) of that section''.

TITLE II--EXTENSION OF RECREATIONAL BOATING FUNDING THROUGH THE END OF 
                            FISCAL YEAR 2005

     SEC. 201. NATIONAL OUTREACH AND COMMUNICATIONS PROGRAM 
                   FUNDING.

       Section 4(c)(7) of the Dingell-Johnson Sport Fish 
     Restoration Act (16 U.S.C. 777c(c)(7)) is amended to read as 
     follows:
       ``(7) $10,000,000 for fiscal year 2005;''.

     SEC. 202. CLEAN VESSEL ACT FUNDING.

       Section 4(b)(4) of the Dingell-Johnson Sport Fish 
     Restoration Act (16 U.S.C. 777c(b)(4)) is amended--
       (1) in the section heading by striking ``First 303 days of 
     fiscal'' and inserting ``Fiscal'';
       (2) by striking ``July 30, 2005'' and inserting ``September 
     30, 2005'';
       (3) by striking ``$68,071,233'' and inserting 
     ``$82,000,000'';
       (4) in subparagraph (A), by striking ``$8,301,370'' and 
     inserting ``$10,000,000''; and
       (5) in subparagraph (B), by striking ``$6,641,096'' and 
     inserting ``$8,000,000''.

     SEC. 203. COAST GUARD EXPENSES.

       Section 13106(c)(1) of title 46, United States Code, is 
     amended--
       (1) by striking ``$4,150,685'' and inserting 
     ``$5,000,000''; and
       (2) by striking ``$1,660,274'' and inserting 
     ``$2,000,000''.

 TITLE III--EXTENSION OF AUTHORIZATION FOR USE OF FUNDS IN BOAT SAFETY 
                                ACCOUNT

     SEC. 301. EXTENSION OF AUTHORIZATION FOR USE OF FUNDS IN BOAT 
                   SAFETY ACCOUNT FOR OBLIGATIONS BEFORE OCTOBER 
                   1, 2005.

       (a) Boat Safety Account.--Subsection (c) of section 9504 of 
     the Internal Revenue Code of 1986 (relating to expenditures 
     from boat safety account) is amended--
       (1) by striking ``August 15, 2005'' and inserting ``October 
     1, 2005'', and
       (2) by striking ``Surface Transportation Extension Act of 
     2005, Part VI'' and inserting ``Sportfishing and Recreational 
     Boating Safety Amendments Act of 2005''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Shuster) and the gentlewoman from the District of 
Columbia (Ms. Norton) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Shuster).


                             General Leave

  Mr. SHUSTER. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks, and include extraneous material on H.R. 3649.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. SHUSTER. Madam Speaker, I yield myself such time as I may 
consume.
  H.R. 3649, the Sportfishing and Recreational Boating Safety 
Amendments Act of 2005 makes several amendments to current law to 
ensure that funding is made available for States' recreational boating 
programs for the remainder of fiscal year 2005.
  The bill designates approximately $14 million in funding from the 
Aquatic Resources Trust Fund to support recreational boating safety 
programs for the current fiscal year. The bill also makes funding 
available for education, outreach and communications programs to 
promote safe and responsible boating and fishing practices nationwide.
  Recreational boating and fishing are some of the Nation's most 
popular pastimes and in many areas are critical components of our local 
economies, and that includes my own district in Central Pennsylvania, 
which is home to Raystown Lake, which is a key element to the economy 
of Huntingdon County, Pennsylvania.
  The Coast Guard and the Coast Guard Auxiliary have taken the lead 
Federal role in promoting boating safety in conjunction with State and 
local authorities. As a result, recreational boating fatalities have 
declined by more than half over the past 30 years.
  The Federal and State recreational boating programs that are 
supported by the funding in this bill help educate the public on the 
proper use of boating, safety equipment and on the responsible use of 
our Nation's sportfishing resources.
  Lastly, the bill also makes several technical and clarifying 
corrections to the Sportfishing and Recreational Boating Safety Act of 
2005. This Act created a simpler and more equitable formula for Federal 
sportfishing restoration and recreational boating safety funding.
  I thank my colleagues for their support on this important legislation 
and for their work to improve access and safety on our Nation's 
waterways. I would like to thank the sponsor of the legislation, the 
Chairman of the full Committee on Transportation and Infrastructure, 
the gentleman from Alaska (Mr. Young), the Chairman of the Subcommittee 
on Coast Guard and Maritime Transportation, the gentleman from New 
Jersey (Mr. LoBiondo), for his hard work on this legislation, and the 
House leadership for bringing this bill to the floor in an expedited 
manner.
  I would also like to thank the gentleman from California (Chairman 
Thomas) and the gentleman from California (Chairman Pombo) for clearing 
the provisions in their jurisdiction of their committees so quickly. I 
am sure that recreational fishermen and boaters in California 
appreciate their efforts.
  I urge my colleagues to join me in supporting this important 
legislation.
  Madam Speaker, I reserve the balance of my time.
  Ms. NORTON. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today to voice my support for H.R. 3649, the 
Sportfishing and Recreational Boating Safety Amendments Act of 2005, 
and to thank all concerned for clearing this matter up.
  Madam Speaker, the purpose of this bill is, of course, very simple, 
as you have heard. When Congress passed H.R. 3, SAFETEA-LU, in July, 
there was a small disconnect between that bill and the short-term 
highway funding extension that was passed separately.
  The short-term extension extended the highway program and the funding 
of the recreational boat safety program until August 15th. However, 
SAFETEA-LU provided for long-term reauthorization and funding of the 
recreational boating safety program beginning October 1, the new fiscal 
year. As a result, the gas taxes that are collected between August 15 
and October 1 from recreational boaters cannot be given to the State 
boating law administrators to fund their recreational boating programs.
  H.R. 3649 corrects this problem by extending the old Recreational 
Boat Safety and Sportfish Programs until October 1, 2005, when the new 
funding formulas take effect.
  Madam Speaker, the Recreational Boat Safety and Grant Program 
provides a 50/50 matching fund to the States for their recreational 
boating

[[Page H7825]]

safety and educational programs. These programs save lives. It is our 
responsibility to see to it that there is no interruption of this 
program, and we are fulfilling this responsibility today.
  Madam Speaker, I urge my colleagues to pass H.R. 3649 to ensure that 
our States receive the necessary matching funds for their recreational 
boating safety programs between August 15, 2005, and October 1, 2005.
  Madam Speaker, I yield back the balance of my time.
  Mr. SHUSTER. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I include for the Record an exchange of letters 
between the gentleman from Alaska (Chairman Young) and the gentleman 
from California (Chairman Thomas) regarding H.R. 3649.

                                  Committee on Ways and Means,

                                Washington, DC, September 6, 2005.
     Hon. Don Young,
     Chairman, Committee on Transportation and Infrastructure, 
         Washington, DC.
       Dear Chairman Young: I am writing concerning H.R. 3649, the 
     ``Sportfishing and Recreational Boating Safety Amendments Act 
     of 2005,'' which is scheduled for floor consideration under 
     suspension of the rules on Wednesday, September 7, 2005.
       As you know, the Committee on Ways and Means has 
     jurisdiction over the Internal Revenue Code. Title III of 
     this bill amends the Internal Revenue Code by making 
     technical and conforming corrections, and thus falls within 
     the jurisdiction of the Committee on Ways and Means. However, 
     in order to expedite this legislation for floor 
     consideration, the Committee will forgo action on this bill. 
     This is being done with the understanding that it does not in 
     any way prejudice the Committee with respect to the 
     appointment of conferees or its jurisdictional prerogatives 
     on this or similar legislation.
       I would appreciate your response to this letter, confirming 
     this understanding with respect to H.R. 3649, and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the Congressional Record during floor 
     consideration.
           Best regards,
                                                      Bill Thomas,
     Chairman.
                                  ____

                                       Committee on Transportation


                                           and Infrastructure,

                                Washington, DC, September 6, 2005.
     Hon. William M. Thomas,
     Chairman, Committee on Ways and Means, Longworth Building, 
         Washington, DC.
       Dear Mr. Chairman: Thank you for your letter of September 
     6, 2005 regarding H.R. 3649, the Sportfishing and 
     Recreational Boating Safety Amendments Act of 2005 . Your 
     assistance in expediting House consideration of the bill is 
     very much appreciated.
       I agree that there are certain provisions in the bill that 
     are of jurisdictional interest to the Committee on Ways and 
     Means and I agree that by foregoing action on the bill, the 
     Committee on Ways and Means is not waving its jurisdiction. 
     Be assured that I will support your request to be represented 
     in a conference on those provisions in the jurisdiction of 
     the Ways and Means Committee in this bill or similar 
     legislation.
       As you have requested, I will include this exchange of 
     letters in the Record when the bill is on the Floor. Thank 
     you for your cooperation and your continued leadership and 
     support in sportfishing and boating safety matters.
           Sincerely,
                                                        Don Young,
                                                         Chairman.

  Mr. SHUSTER. Madam Speaker, I urge my colleagues to join me in 
supporting this important legislation, H.R. 3649, the Sportfishing and 
Recreational Boating Safety Act of 2005.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Shuster) that the House suspend the 
rules and pass the bill, H.R. 3649.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. SHUSTER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________