[Congressional Record Volume 142, Number 58 (Wednesday, May 1, 1996)]
[House]
[Pages H4329-H4335]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING FOR CONSIDERATION OF H.R. 2149, OCEAN SHIPPING REFORM ACT OF
1995
Mr. QUILLEN. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 419 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 419
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 2149) to reduce regulation, promote
efficiencies, and encourage competition in the international
ocean transportation system of the United States, to
eliminate the Federal Maritime Commission, and for other
purposes. The first reading of the bill shall be dispensed
with. General debate shall be confined to the bill and shall
not exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Committee on
Transportation and Infrastructure. After general debate the
bill shall be considered for amendment under the five-minute
rule. Before consideration of any other amendment it shall be
in order to consider the amendment printed in part 1 of the
report of the Committee on Rules accompanying this
resolution, if offered by Representative Shuster of
Pennsylvania or his designee. That amendment shall be
considered as read, may amend portions of the bill not yet
read for amendment, shall be debatable for 10 minutes equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment, and shall not be subject
to a demand for division of the question in the House or in
the Committee of the Whole. Points of order against that
amendment for
[[Page H4330]]
failure to comply with clause 7 of rule XVI are waived. If
that amendment is adopted, the bill, as amended, shall be
considered as the original bill for the purpose of further
amendment. The bill, as amended, shall be considered by title
rather than by section. The first section and each title
shall be considered as read. During further consideration
of the bill for amendment, the Chairman of the Committee
of the Whole may accord priority in recognition on the
basis of whether the Member offering an amendment has
caused it to be printed in the portion of the
Congressional Record designated for that purpose in clause
6 of rule XXIII. Amendments so printed shall be considered
as read. The amendment printed in part 2 of the report of
the Committee on Rules shall be considered as read, may
amend portions of the bill not yet read for amendment,
shall not be subject to an amendment, and shall not be
subject to a demand for division of the question in the
House or in the Committee of the Whole. At the conclusion
of consideration of the bill for amendment the Committee
shall rise and report the bill to the House with such
amendments as may have been adopted. The previous question
shall be considered as ordered on the bill and amendments
thereto to final passage without intervening motion except
one motion to recommit with or without instructions.
The SPEAKER pro tempore. The gentleman from Tennessee [Mr. Quillen]
is recognized for 1 hour.
Mr. QUILLEN. Mr. Speaker, for purposes of debate only, I yield the
customary 30 minutes to the gentleman from Massachusetts [Mr. Moakley],
pending which I yield myself such time as I may consume. During
consideration of this resolution, all time yielded is for the purpose
of debate only.
AMENDMENT OFFERED BY MR. QULLLEN
Mr. QUILLEN. Mr. Speaker, I ask unanimous consent that the pending
resolution be amended in the form of the amendment at the desk.
The SPEAKER pro tempore. The Clerk will report the amendment.
The Clerk read as follows:
Amendment offered by Mr. Quillen: Page 3, line 12, strike
``an amendment'' and insert in lieu thereof ``amendment
(except pro forma amendments)''.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
Mr. MOAKLEY. Mr. Speaker, reserving the right to object, and I will
not object, I want to inform my dear friend from Tennessee that this
side has read the amendment and we perfectly concur with it and we have
no objection to the unanimous-consent request.
Mr. QUILLEN. Mr. Speaker, I thank the gentleman from Massachusetts.
Mr. MOAKLEY. Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
The SPEAKER pro tempore. The amendment is agreed to.
Mr. QUILLEN. Mr. Speaker, House Resolution 419 is an open rule,
providing 1 hour of general debate divided equally between the chairman
and ranking minority member of the Committee on Transportation.
The rule provides for the consideration of a manager's amendment
printed in part 1 of the report of the Committee on Rules accompanying
this resolution.
The amendment may amend portions of the bill not yet read for
amendment and is debatable for 10 minutes equally divided between the
proponent and an opponent. It shall not be subject to amendment or to a
demand for division of the question. If adopted, the amendment is
considered as part of the base text for further amendment purposes.
Additionally, the germaneness rule is waived against the manager's
amendment printed in part 1 of the report.
The rule provides that the bill, as amended, shall be considered by
title rather than by section, and that the first section and each title
shall be considered as read.
Members who have preprinted their amendments in the Record prior to
their consideration will be given priority in recognition to offer
their amendments.
The rule further provides that the amendment printed in part 2 of the
report may amend portions of the bill not yet read for amendment, shall
not be subject to amendment, and shall not be subject to a demand for
division of the question.
Finally, the rule provides for one motion to recommit, with or
without instructions.
Mr. Speaker, I have always believed that the merchant marine was
vital to national security and very necessary for the economic well
being of this country. They have played a vital role in every major
conflict this country has been in. I am a strong champion for any bill
that aids our ocean shippers. That is why I am a strong supporter of
H.R. 2149, the Ocean Shipping Reform Act.
H.R. 2149 is a bipartisan plan to deregulate the last area of
regulated transportation and the bill would permit carriers and
shippers to develop transportation arrangements to meet their specific
needs.
Mr. Speaker, as strongly as I support the Ocean Shipping Reform Act,
I oppose the Oberstar amendment and urge its defeat.
Mr. Speaker, this is an open rule for a good bill. I urge all Members
to support the rule and the bill.
Mr. Speaker, I include the following material for the Record.
THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,\1\ 103D CONGRESS V. 104TH CONGRESS
[As of May 1, 1996]
----------------------------------------------------------------------------------------------------------------
103d Congress 104th Congress
Rule type ---------------------------------------------------------------------------
Number of rules Percent of total Number of rules Percent of total
----------------------------------------------------------------------------------------------------------------
Open/Modified-open \2\.............. 46 44 64 60
Modified Closed \3\................. 49 47 26 24
Closed \4\.......................... 9 9 17 16
---------------------------------------------------------------------------
Total......................... 104 100 107 100
----------------------------------------------------------------------------------------------------------------
\1\ This table applies only to rules which provide for the original consideration of bills, joint resolutions or
budget resolutions and which provide for an amendment process. It does not apply to special rules which only
waive points of order against appropriations bills which are already privileged and are considered under an
open amendment process under House rules.
\2\ An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A
modified open rule is one under which any Member may offer a germane amendment under the five-minute rule
subject only to an overall time limit on the amendment process and/or a requirement that the amendment be
preprinted in the Congressional Record.
\3\ A modified closed rule is one under which the Rules Committee limits the amendments that may be offered only
to those amendments designated in the special rule or the Rules Committee report to accompany it, or which
preclude amendments to a particular portion of a bill, even though the rest of the bill may be completely open
to amendment.
\4\ A closed rule is one under which no amendments may be offered (other than amendments recommended by the
committee in reporting the bill).
SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS
[As of May 1, 1996]
----------------------------------------------------------------------------------------------------------------
Disposition of
H. Res. No. (Date rept.) Rule type Bill No. Subject rule
----------------------------------------------------------------------------------------------------------------
H. Res. 38 (1/18/95)........... O................ H.R. 5........... Unfunded Mandate A: 350-71 (1/19/
Reform. 95).
H. Res. 44 (1/24/95)........... MC............... H. Con. Res. 17.. Social Security....... A: 255-172 (1/25/
H.J. Res. 1...... Balanced Budget Amdt.. 95).
H. Res. 51 (1/31/95)........... O................ H.R. 101......... Land Transfer, Taos A: voice vote (2/
Pueblo Indians. 1/95).
H. Res. 52 (1/31/95)........... O................ H.R. 400......... Land Exchange, Arctic A: voice vote (2/
Nat'l. Park and 1/95).
Preserve.
H. Res. 53 (1/31/95)........... O................ H.R. 440......... Land Conveyance, Butte A: voice vote (2/
County, Calif. 1/95).
H. Res. 55 (2/1/95)............ O................ H.R. 2........... Line Item Veto........ A: voice vote (2/
2/95).
H. Res. 60 (2/6/95)............ O................ H.R. 665......... Victim Restitution.... A: voice vote (2/
7/95).
H. Res. 61 (2/6/95)............ O................ H.R. 666......... Exclusionary Rule A: voice vote (2/
Reform. 7/95).
H. Res. 63 (2/8/95)............ MO............... H.R. 667......... Violent Criminal A: voice vote (2/
Incarceration. 9/95).
H. Res. 69 (2/9/95)............ O................ H.R. 668......... Criminal Alien A: voice vote (2/
Deportation. 10/95).
H. Res. 79 (2/10/95)........... MO............... H.R. 728......... Law Enforcement Block A: voice vote (2/
Grants. 13/95).
H. Res. 83 (2/13/95)........... MO............... H.R. 7........... National Security PQ: 229-100; A:
Revitalization. 227-127 (2/15/
95).
H. Res. 88 (2/16/95)........... MC............... H.R. 831......... Health Insurance PQ: 230-191; A:
Deductibility. 229-188 (2/21/
95).
H. Res. 91 (2/21/95)........... O................ H.R. 830......... Paperwork Reduction A: voice vote (2/
Act. 22/95).
H. Res. 92 (2/21/95)........... MC............... H.R. 889......... Defense Supplemental.. A: 282-144 (2/22/
95).
[[Page H4331]]
H. Res. 93 (2/22/95)........... MO............... H.R. 450......... Regulatory Transition A: 252-175 (2/23/
Act. 95).
H. Res. 96 (2/24/95)........... MO............... H.R. 1022........ Risk Assessment....... A: 253-165 (2/27/
95).
H. Res. 100 (2/27/95).......... O................ H.R. 926......... Regulatory Reform and A: voice vote (2/
Relief Act. 28/95).
H. Res. 101 (2/28/95).......... MO............... H.R. 925......... Private Property A: 271-151 (3/2/
Protection Act. 95).
H. Res. 103 (3/3/95)........... MO............... H.R. 1058........ Securities Litigation .................
Reform.
H. Res. 104 (3/3/95)........... MO............... H.R. 988......... Attorney A: voice vote (3/
Accountability Act. 6/95).
H. Res. 105 (3/6/95)........... MO............... ................. ...................... A: 257-155 (3/7/
95).
H. Res. 108 (3/7/95)........... Debate........... H.R. 956......... Product Liability A: voice vote (3/
Reform. 8/95).
H. Res. 109 (3/8/95)........... MC............... ................. ...................... PQ: 234-191 A:
247-181 (3/9/
95).
H. Res. 115 (3/14/95).......... MO............... H.R. 1159........ Making Emergency Supp. A: 242-190 (3/15/
Approps. 95).
H. Res. 116 (3/15/95).......... MC............... H.J. Res. 73..... Term Limits Const. A: voice vote (3/
Amdt. 28/95).
H. Res. 117 (3/16/95).......... Debate........... H.R. 4........... Personal A: voice vote (3/
Responsibility Act of 21/95).
1995.
H. Res. 119 (3/21/95).......... MC............... ................. ...................... A: 217-211 (3/22/
95).
H. Res. 125 (4/3/95)........... O................ H.R. 1271........ Family Privacy A: 423-1 (4/4/
Protection Act. 95).
H. Res. 126 (4/3/95)........... O................ H.R. 660......... Older Persons Housing A: voice vote (4/
Act. 6/95).
H. Res. 128 (4/4/95)........... MC............... H.R. 1215........ Contract With America A: 228-204 (4/5/
Tax Relief Act of 95).
1995.
H. Res. 130 (4/5/95)........... MC............... H.R. 483......... Medicare Select A: 253-172 (4/6/
Expansion. 95).
H. Res. 136 (5/1/95)........... O................ H.R. 655......... Hydrogen Future Act of A: voice vote (5/
1995. 2/95).
H. Res. 139 (5/3/95)........... O................ H.R. 1361........ Coast Guard Auth. FY A: voice vote (5/
1996. 9/95).
H. Res. 140 (5/9/95)........... O................ H.R. 961......... Clean Water Amendments A: 414-4 (5/10/
95).
H. Res. 144 (5/11/95).......... O................ H.R. 535......... Fish Hatchery-- A: voice vote (5/
Arkansas. 15/95).
H. Res. 145 (5/11/95).......... O................ H.R. 584......... Fish Hatchery--Iowa... A: voice vote (5/
15/95).
H. Res. 146 (5/11/95).......... O................ H.R. 614......... Fish Hatchery-- A: voice vote (5/
Minnesota. 15/95).
H. Res. 149 (5/16/95).......... MC............... H. Con. Res. 67.. Budget Resolution FY PQ: 252-170 A:
1996. 255-168 (5/17/
95).
H. Res. 155 (5/22/95).......... MO............... H.R. 1561........ American Overseas A: 233-176 (5/23/
Interests Act. 95).
H. Res. 164 (6/8/95)........... MC............... H.R. 1530........ Nat. Defense Auth. FY PQ: 225-191 A:
1996. 233-183 (6/13/
95).
H. Res. 167 (6/15/95).......... O................ H.R. 1817........ MilCon Appropriations PQ: 223-180 A:
FY 1996. 245-155 (6/16/
95).
H. Res. 169 (6/19/95).......... MC............... H.R. 1854........ Leg. Branch Approps. PQ: 232-196 A:
FY 1996. 236-191 (6/20/
95).
H. Res. 170 (6/20/95).......... O................ H.R. 1868........ For. Ops. Approps. FY PQ: 221-178 A:
1996. 217-175 (6/22/
95).
H. Res. 171 (6/22/95).......... O................ H.R. 1905........ Energy & Water A: voice vote (7/
Approps. FY 1996. 12/95).
H. Res. 173 (6/27/95).......... C................ H.J. Res. 79..... Flag Constitutional PQ: 258-170 A:
Amendment. 271-152 (6/28/
95).
H. Res. 176 (6/28/95).......... MC............... H.R. 1944........ Emer. Supp. Approps... PQ: 236-194 A:
234-192 (6/29/
95).
H. Res. 185 (7/11/95).......... O................ H.R. 1977........ Interior Approps. FY PQ: 235-193 D:
1996. 192-238 (7/12/
95).
H. Res. 187 (7/12/95).......... O................ H.R. 1977........ Interior Approps. FY PQ: 230-194 A:
1996 #2. 229-195 (7/13/
95).
H. Res. 188 (7/12/95).......... O................ H.R. 1976........ Agriculture Approps. PQ: 242-185 A:
FY 1996. voice vote (7/18/
95).
H. Res. 190 (7/17/95).......... O................ H.R. 2020........ Treasury/Postal PQ: 232-192 A:
Approps. FY 1996. voice vote (7/18/
95).
H. Res. 193 (7/19/95).......... C................ H.J. Res. 96..... Disapproval of MFN to A: voice vote (7/
China. 20/95).
H. Res. 194 (7/19/95).......... O................ H.R. 2002........ Transportation PQ: 217-202 (7/21/
Approps. FY 1996. 95).
H. Res. 197 (7/21/95).......... O................ H.R. 70.......... Exports of Alaskan A: voice vote (7/
Crude Oil. 24/95).
H. Res. 198 (7/21/95).......... O................ H.R. 2076........ Commerce, State A: voice vote (7/
Approps. FY 1996. 25/95).
H. Res. 201 (7/25/95).......... O................ H.R. 2099........ VA/HUD Approps. FY A: 230-189 (7/25/
1996. 95).
H. Res. 204 (7/28/95).......... MC............... S. 21............ Terminating U.S. Arms A: voice vote (8/
Embargo on Bosnia. 1/95).
H. Res. 205 (7/28/95).......... O................ H.R. 2126........ Defense Approps. FY A: 409-1 (7/31/
1996. 95).
H. Res. 207 (8/1/95)........... MC............... H.R. 1555........ Communications Act of A: 255-156 (8/2/
1995. 95).
H. Res. 208 (8/1/95)........... O................ H.R. 2127........ Labor, HHS Approps. FY A: 323-104 (8/2/
1996. 95).
H. Res. 215 (9/7/95)........... O................ H.R. 1594........ Economically Targeted A: voice vote (9/
Investments. 12/95).
H. Res. 216 (9/7/95)........... MO............... H.R. 1655........ Intelligence A: voice vote (9/
Authorization FY 1996. 12/95).
H. Res. 218 (9/12/95).......... O................ H.R. 1162........ Deficit Reduction A: voice vote (9/
Lockbox. 13/95).
H. Res. 219 (9/12/95).......... O................ H.R. 1670........ Federal Acquisition A: 414-0 (9/13/
Reform Act. 95).
H. Res. 222 (9/18/95).......... O................ H.R. 1617........ CAREERS Act........... A: 388-2 (9/19/
95).
H. Res. 224 (9/19/95).......... O................ H.R. 2274........ Natl. Highway System.. PQ: 241-173 A:
375-39-1 (9/20/
95).
H. Res. 225 (9/19/95).......... MC............... H.R. 927......... Cuban Liberty & Dem. A: 304-118 (9/20/
Solidarity. 95).
H. Res. 226 (9/21/95).......... O................ H.R. 743......... Team Act.............. A: 344-66-1 (9/27/
95).
H. Res. 227 (9/21/95).......... O................ H.R. 1170........ 3-Judge Court......... A: voice vote (9/
28/95).
H. Res. 228 (9/21/95).......... O................ H.R. 1601........ Internatl. Space A: voice vote (9/
Station. 27/95).
H. Res. 230 (9/27/95).......... C................ H.J. Res. 108.... Continuing Resolution A: voice vote (9/
FY 1996. 28/95).
H. Res. 234 (9/29/95).......... O................ H.R. 2405........ Omnibus Science Auth.. A: voice vote (10/
11/95).
H. Res. 237 (10/17/95)......... MC............... H.R. 2259........ Disapprove Sentencing A: voice vote (10/
Guidelines. 18/95).
H. Res. 238 (10/18/95)......... MC............... H.R. 2425........ Medicare Preservation PQ: 231-194 A:
Act. 227-192 (10/19/
95).
H. Res. 239 (10/19/95)......... C................ H.R. 2492........ Leg. Branch Approps... PQ: 235-184 A:
voice vote (10/
31/95).
H. Res. 245 (10/25/95)......... MC............... H. Con. Res. 109. Social Security PQ: 228-191 A:
H.R. 2491........ Earnings Reform. 235-185 (10/26/
Seven-Year Balanced 95).
Budget.
H. Res. 251 (10/31/95)......... C................ H.R. 1833........ Partial Birth Abortion A: 237-190 (11/1/
Ban. 95).
H. Res. 252 (10/31/95)......... MO............... H.R. 2546........ D.C. Approps.......... A: 241-181 (11/1/
95).
H. Res. 257 (11/7/95).......... C................ H.J. Res. 115.... Cont. Res. FY 1996.... A: 216-210 (11/8/
95).
H. Res. 258 (11/8/95).......... MC............... H.R. 2586........ Debt Limit............ A: 220-200 (11/10/
95).
H. Res. 259 (11/9/95).......... O................ H.R. 2539........ ICC Termination Act... A: voice vote (11/
14/95).
H. Res. 261 (11/9/95).......... C................ H.J. Res. 115.... Cont. Resolution...... A: 223-182 (11/10/
95).
H. Res. 262 (11/9/95).......... C................ H.R. 2586........ Increase Debt Limit... A: 220-185 (11/10/
95).
H. Res. 269 (11/15/95)......... O................ H.R. 2564........ Lobbying Reform....... A: voice vote (11/
16/95).
H. Res. 270 (11/15/95)......... C................ H.J. Res. 122.... Further Cont. A: 229-176 (11/15/
Resolution. 95).
H. Res. 273 (11/16/95)......... MC............... H.R. 2606........ Prohibition on Funds A: 239-181 (11/17/
for Bosnia. 95).
H. Res. 284 (11/29/95)......... O................ H.R. 1788........ Amtrak Reform......... A: voice vote (11/
30/95).
H. Res. 287 (11/30/95)......... O................ H.R. 1350........ Maritime Security Act. A: voice vote (12/
6/95).
H. Res. 293 (12/7/95).......... C................ H.R. 2621........ Protect Federal Trust PQ: 223-183 A:
Funds. 228-184 (12/14/
95).
H. Res. 303 (12/13/95)......... O................ H.R. 1745........ Utah Public Lands.....
H. Res. 309 (12/18/95)......... C................ H.Con. Res. 122.. Budget Res. W/ PQ: 230-188 A:
President. 229-189 (12/19/
95).
H. Res. 313 (12/19/95)......... O................ H.R. 558......... Texas Low-Level A: voice vote (12/
Radioactive. 20/95).
H. Res. 323 (12/21/95)......... C................ H.R. 2677........ Natl. Parks & Wildlife Tabled (2/28/96).
Refuge.
H. Res. 366 (2/27/96).......... MC............... H.R. 2854........ Farm Bill............. PQ: 228-182 A:
244-168 (2/28/
96).
H. Res. 368 (2/28/96).......... O................ H.R. 994......... Small Business Growth. .................
H. Res. 371 (3/6/96)........... C................ H.R. 3021........ Debt Limit Increase... A: voice vote (3/
7/96).
H. Res. 372 (3/6/96)........... MC............... H.R. 3019........ Cont. Approps. FY 1996 PQ: voice vote A:
235-175 (3/7/
96).
H. Res. 380 (3/12/96).......... MC............... H.R. 2703........ Effective Death A: 251-157 (3/13/
Penalty. 96).
H. Res. 384 (3/14/96).......... MC............... H.R. 2202........ Immigration........... PQ: 233-152 A:
voice vote (3/21/
96).
H. Res. 386 (3/20/96).......... C................ H.J. Res. 165.... Further Cont. Approps. PQ: 234-187 A:
237-183 (3/21/
96).
H. Res. 388 (3/20/96).......... C................ H.R. 125......... Gun Crime Enforcement. A: 244-166 (3/22/
96).
H. Res. 391 (3/27/96).......... C................ H.R. 3136........ Contract w/America PQ: 232-180 A:
Advancement. 232-177, (3/28/
96).
H. Res. 392 (3/27/96).......... MC............... H.R. 3103........ Health Coverage PQ: 229-186 A:
Affordability. Voice Vote (3/29/
96).
H. Res. 395 (3/29/96).......... MC............... H.J. Res. 159.... Tax Limitation Const. PQ: 232-168 A:
Amdmt.. 234-162 (4/15/
96).
H. Res. 396 (3/29/96).......... O................ H.R. 842......... Truth in Budgeting Act A: voice vote (4/
17/96).
H. Res. 409 (4/23/96).......... O................ H.R. 2715........ Paperwork Elimination A: voice vote (4/
Act. 24/96).
H. Res. 410 (4/23/96).......... O................ H.R. 1675........ Natl. Wildlife Refuge. A: voice vote (4/
24/96).
H. Res. 411 (4/23/96).......... O................ H.J. Res. 175.... Further Cont. Approps. A: voice vote (4/
FY 1996. 24/96).
H. Res. 418 (4/30/96).......... O................ H.R. 2641........ U.S. Marshals Service. PQ: 219-203 A:
voice vote (5/1/
96).
H. Res. 419 (4/30/96).......... O................ H.R. 2149........ Ocean Shipping Reform. .................
----------------------------------------------------------------------------------------------------------------
Codes: O-open rule; MO-modified open rule; MC-modified closed rule; C-closed rule; A-adoption vote; D-defeated;
PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.
Mr. QUILLEN. Mr. Speaker, I reserve the balance of my time.
Mr. MOAKLEY. Mr. Speaker, I thank my colleague from Tennessee, Mr.
Quillen, for yielding me the customary half hour, and I yield myself
such time as I may consume.
Mr. Speaker, I am pleased that this bill is being considered under an
open rule, but I am sorry to hear that it was not the subject of a
single congressional hearing in the House.
Mr. Speaker, this rule provides for the consideration of a bill
that's in serious need of an amendment.
Lucky for thousands of American workers, it's an open rule and we
have a good chance of making the necessary improvements.
[[Page H4332]]
Because unless we fix this bill, it will lead to increased prices for
consumers by eliminating the public disclosure of shipping rates. It
will prevent small shippers from competing with the largest, most
powerful shippers and remove the enforcement of contracts with workers.
Mr. Speaker, a lot of people depend on these jobs including
longshoremen, warehousing workers, trucking employees, and rail
employees in addition to the thousands of people who work in and around
port communities. If this bill is not fixed, their wages could go down,
or they could lose their jobs.
Like the bill, Mr. Oberstar's amendment will lighten some of the
regulatory burden and eliminate the Federal Maritime Commission.
However, the Oberstar amendment will also ensure a level playing field
for all shippers; continue worker protections, and keep costs down for
consumers.
I have always supported the Federal Maritime Commission. I believe
they have done excellent work, and served the country well. I am
pleased that although the time may have come to transfer their
responsibilities elsewhere the good work they started on behalf of
American workers and American consumers can continue.
Mr. Speaker, I urge my colleagues to support this rule and to vote to
improve this bill with the Oberstar amendment.
Mr. Speaker, I reserve the balance of my time.
Mr. QUILLEN. Mr. Speaker, I yield 5 minutes to the gentleman from
North Carolina [Mr. Coble].
Mr. COBLE. Mr. Speaker, I thank the gentleman from Tennessee for
yielding me this time.
Mr. Speaker, I have no problem coming to this floor to engage in open
debate. This is, after all, our reason for being, to debate issues
openly and notoriously in the hope of improving it. I do, however, Mr.
Speaker, have problems when Members assure me that they are with me,
then, as a result of what I call political intimidation, conclude that
they are not only not with me but against me.
Oh, I am not angry. I am not that thin-skinned. I am disappointed,
because we changed our position in reliance upon their assurances that
they were supportive of this good legislation only to learn at the last
minute that their support had vanished like the morning dew.
This bill, I say to my colleagues, promotes a sound fiscal approach
by dismantling the Federal Maritime Commission and saving taxpayers
approximately $20 million per year. The Federal Maritime Commission, my
friends, is a vestige of the Federal bureaucracy whose usefulness, if
any, has been served.
Just yesterday, at the House Committee on Rules meeting, the
gentleman from Massachusetts [Mr. Moakley] asked the gentleman from
Minnesota [Mr. Oberstar] why he was going about his dismantling FMC,
and here I am paraphrasing, and the gentleman from Minnesota replied to
the gentleman from Massachusetts, its time has come.
And, folks, the time has come. It is time for us to move along and
this is an excellent way to dismantle big Government.
This bill, secondly, promotes and encourages competition. It has the
support, and, Mr. Speaker, I hope the Members are listening to this, it
has the support of these groups: The American Farm Bureau. And I would
say to the gentleman from Tennessee that I am told that they represent
4.5 million farm families.
{time} 1445
The National Retail Federation, the American Forest and Paper
Association, the American Automobile Association, Sea-Land Service,
American President Lines, the two largest carriers in this country, the
National Broiler Council, the National Turkey Federation, and I could
to on and on.
But as evidenced by the aforementioned support, Mr. Speaker, this
bill affects America. The title, Ocean Shipping Reform Act, might imply
to the uninformed that this affects only ports and only coastal
communities. This bill, Mr. Speaker and my friends, affects people,
individuals and corporations across this land who produce goods and/or
services, Americans who live in New England, who live in Dixie, who
live on the Great Plains, the Pacific Northwest, the scenic Southwest.
Americans all will benefit, directly or indirectly, with the passage of
this bill without any amendments.
This bill could be labeled, Mr. Speaker, America's bill. It is a good
bill. I urge passage of this rule.
Mr. MOAKLEY. Mr. Speaker, I yield 7 minutes to the gentleman from
Minnesota [Mr. Oberstar], the ranking minority member.
Mr. OBERSTAR. Mr. Speaker, I thank the gentleman from Massachusetts
[Mr. Moakley], for yielding me the time.
Mr. Speaker, I do support this rule. I appreciate very much your
comments about the amendment that I will offer in accordance with the
rule. It is an open rule. It does provide us with 1 hour of general
debate, makes in order my amendment. That is fair.
The rule inadvertently made a mistake on debate on my amendment. That
has been corrected, and I appreciate that gesture on the part of the
floor manager for the Republican side.
I have come to this floor many times in support of deregulation of
aviation, of trucking, of bus, of railroad industries, and I stand here
in support of deregulation of ocean shipping with some adjustments.
The goals in most of the provisions of H.R. 2149, the bill we will be
considering this afternoon, are basically good goals and good
provisions. They eliminate the Federal Maritime Commission, prohibit
ocean carrier conferences from restricting the rights of individual
carriers to make contracts with shippers, eliminate the requirement
that tariffs have to be filed with a government agency. But it does not
go far enough, or perhaps it goes too far.
My first concern is that the bill allows carriers and conferences, 85
percent of whom fly a foreign flag, to enter into secret contracts with
shippers. Under existing law, the essential terms of those contracts
must be disclosed. That is what we do in the airline industry today.
Nothing wrong with that.
Allowing secret contracts would lead to contracts that would
discriminate against small shippers and disadvantage smaller carriers
and smaller ports. They have raised concerns about this legislation.
That is why I have an amendment to require these be open contracts, as
current law requires.
Secret agreements would also permit foreign carriers to set the
market price for U.S. exports, while U.S. carriers would have no
ability to learn the essential terms of the secret contracts and offer
competitive rates.
My other concern focuses on the agency that will take over the
residual functions of the Federal Maritime Commission. The bill would
vest that authority to the Secretary of Transportation.
Well, I may trust this Secretary. I do not necessarily want to have
confidence in every Secretary. I do not believe that major authority
should be placed in a department that is subject to the ever-changing
political winds or whims of any particular Secretary. My amendment
would address those concerns by requiring public disclosure of the
essential terms of carrier conference contracts.
Second, it will vest the remaining enforcement responsibilities of
the Federal Maritime Commission in the Surface Transportation Board, an
independent transportation agency that already oversees water carriers
transporting goods to certain destinations.
My amendment leaves in place the objectives, major objectives of this
legislation. The Federal Maritime Commission is eliminated.
Restrictions on the contents of contracts between shippers and carriers
would be eliminated. Laws related to unfair trade practices of foreign
carriers and foreign governments would be strengthened.
But I must say, my colleagues, and I am sorry that I do not see the
gentleman on the floor right now, the chairman of the subcommittee, who
said certain people were subjected to political intimidation. I am sure
that those words were directed to our side of the aisle and possibly to
this Member, and I just wanted to ask the gentleman, since when do
citizens of this country not have the right, provided in our
Constitution, to petition their government for redress of grievances?
Since when do we say to people who will be adversely affected by
legislation, you have no voice, you have no
[[Page H4333]]
way to express yourself, you have no opportunity to come before the
body of this country that makes policy and express your dismay and ask
for redress of grievances?
That is not political intimidation. That is the right of every
citizen of this country to walk into our offices and to say, ``I do not
like the way things are happening, I do not like this law, I do not
like this bill. Please correct it for me.'' We do that time and again,
and that is right and that is fair, and my amendment is not being
subjected to any kind of secret process. It is being debated right here
openly on that floor, and I resent that kind of language. It is
inappropriate.
We did have hearings on the concept of deregulation. There was a bill
drafted by the committee at the conclusion, and a markup was held.
There were no hearings on that bill, and I am not faulting that
process. I am just saying that people have come since then and said 8
months later, after this bill was considered in committee, ``We find
fault with the bill. We do not think that it is appropriate to proceed
in this manner. We want redress of our grievances.'' Small ports, small
shippers, maritime labor, who have concerns.
Those concerns are going to be addressed in my amendment in an open,
fair debate, no political intimidation. That is sheer nonsense and
inappropriate and I resent it.
Mr. QUILLEN. Mr. Speaker, I yield 5 minutes to the gentleman from
Pennsylvania [Mr. Shuster], the distinguished chairman of the Committee
on Transportation.
Mr. SHUSTER. Mr. Speaker, I did not realize we would be debating the
substance of this bill in the rule, but since my good friend from
Minnesota is, then I think that I need to respond.
I cannot tell you how deeply disappointed I am that I believed we had
a deal. We had a very delicate compromise in which everybody gave up
something: the shippers, the carriers, all interested parties.
In fact, while the shippers were very much opposed to retaining
antitrust immunity, this is in the bill. They swallowed hard. On the
other hand, in exchange for their swallowing hard, private contracts
were permitted, private contracts which are at the heart of the
Staggers Act, in the railroad industry, are permitted with rail;
private contracts between shippers and carriers which are permitted in
the trucking industry.
Indeed, one of the essential parts of deregulation is to permit
private contracts between shippers and carriers, and indeed, that was
part of the deal. In fact I must particularly remind my good friend
from Minnesota, who indeed is a good friend, in fact I am reminded of
something that somebody told me earlier today about a chaplain saying
the prayer in the Louisiana State legislature when he prayed, ``O Lord,
help us make our words sweet today because we might have to eat them
tomorrow.''
Well, I must remind my good friend from Minnesota that this
legislation was passed overwhelmingly by voice vote out of our
committee; that my good friend from Minnesota said and I quote him:
I am a strong supporter of the legislation that we consider
today, as are my fellow committee Democrats. The basis for
this legislation has been the strong bipartisan, cooperative
manner in which the bill has been developed.
Then he went on to say:
The bill accomplishes preservation of the committee carrier
system, which is important to the carriers, but it also
injects a very healthy and significant dose of flexibility
and competitive opportunity.
And then he said:
Most importantly, Mr. Chairman, prior to the bipartisanship
that we developed on the committee on this bill, it enjoys
the support of carriers, of labor, and of the shipping
community, without which we could not move the legislation.
We'd have a room full of people buzzing around and all sorts
of conflicts. But because we've come to this--as we are fond
of saying in this committee over and over again--a delicate
balance, we've got a good compromise of different interests.
Indeed, just less than a month ago my dear friend from Minnesota, in
a speech, also said:
Our committee has reported the Ocean Shipping Reform Act of
1995 to the House and proposed that we deregulate the ocean
transportation industry in ways that are similar to what we
have already done in the trucking, rail, and airline
industries. We would eliminate tariff filings and allow for
confidential service contracts.
Let me repeat that: ``We would eliminate tariff filings and allow for
confidential service contracts.'' That was part of the deal. That was
the compromise. Now to be told a few days ago that, ``Well, we really
did not mean it when we make a deal, we do not stick to the deal, but
at the last minute we try to change the deal,'' I find that extremely
disappointing.
My good friend went on to say:
As we deregulate transportation industries carefully over
the years, each time the result has been lower rates and
greater cargo and passengers movement.
So if we decrease the cost of international shipping
through deregulation of the ocean transportation system, and
at the same time expand our port access infrastructure,
everyone can and will win.
So I cannot tell you how deeply disappointed I am that after we
crafted a very, very delicate compromise, after management, labor,
carriers, shippers, all came to the table, all gave up something and we
passed this out by voice vote, with nary a ``nay'' expressed, with, as
my good friend from Minnesota says, strong bipartisan support from the
Democrats and the Republicans, now at the last minute to be told that
``Well, the deal really was not a deal, now we want changes.''
So I am very disappointed by this, and if the gentleman has time on
his own time, I would be happy to address him. My time has expired, I
understand.
Mr. MOAKLEY. Mr. Speaker, I yield 5 minutes to the gentleman from
Ohio [Mr. Traficant].
(Mr. TRAFICANT asked and was given permission to revise and extend
his remarks.)
Mr. TRAFICANT. Mr. Speaker, I want to start out by commending the
gentleman from Pennsylvania, Chairman Shuster, and the ranking member,
the gentleman from Minnesota, Mr. Oberstar, and the gentleman from
North Carolina, Mr. Coble, the subcommittee chairman, who worked hard.
He is a friend of mine.
I was the ranking member at the time this bill was approved, and I
remember much the things now being rehashed except to say that there
was always one little asterisk in this whole process, and that was
labor's concern over the secret opportunities of these contracts and
certain antitrust considerations right from the beginning.
{time} 1500
We went along, and there was supposedly a mild-mannered agreement,
gentleman's agreement, but there was never total confirmation of
support from those people who were concerned.
I will yield to the gentleman when I conclude this because I would
like to make this statement:
The Oberstar amendment and the original bill are not far apart. The
Federal Maritime Commission has done a great job; it will be
eliminated, as will all of the other salient points that are brought up
in the legislation before us. Where the bill currently stands and the
Oberstar amendment currently fits deals with the issue of repealing the
requirement that the essential terms of contracts between ocean
carriers and shippers be disclosed to the public. They would not be
allowed to be disclosed to the public, and on the surface it does not
seem to be a problem. That is the way it was some time ago, especially
when we look at the way rail and highway shipping industries operate.
But unlike rail and highway industries, in ocean shipping most of the
carriers are a part of conferences that are immune from U.S. antitrust
laws.
This combination, I say to my colleagues, of antitrust immunity and
secret contracts, in our opinion, and in the opinion of many in the
industry now, would greatly compromise the competitive balance between
ocean carriers and shippers.
I am of the conclusion, as is the gentleman from Minnesota [Mr.
Oberstar] and many others in labor, that the only way to fully protect
small carriers and shippers as well as small- to mid-sized ports is to
preserve the requirements in existing law for disclosure of the
essential terms of ocean shipping contracts. With that, that is the
issue that separates us.
But I started out, I said I wanted to compliment the gentleman from
Pennsylvania [Mr. Shuster]. Three of my amendments are included in this
bill and are included in the Oberstar substitute as well which would
broaden the authority of the Secretary of Transportation to take action
against
[[Page H4334]]
foreign governments and entities that take actions that are unfair,
predatory, or anticompetitive, and disadvantageous to all carriers. The
original Tranficant language in the bill was criticized because it
focused solely on the impact on U.S. carriers. It has been broadened,
and it affects both domestic and foreign carriers.
The second amendment clarifies the manner in which regulations shall
be issued by the Secretary on making determinations that prices charged
by carriers are unfair, predatory, and anticompetitive. It ensures
that, if a carrier is investigated by the Secretary and found not to
have violated the law, the information will not be made public.
Congress would have access to the information.
Finally, it would require the Secretary of Transportation to report
to the Congress annually on any action taken to enforce U.S. laws
prohibiting unfair, predatory, and anticompetitive foreign trade
practices and the effect of U.S. maritime labor on the actions of
foreign governments and carriers.
I do not know about all the small detail between the two heavyweights
on our committee, but we have been truly a bipartisan committee from
the day that I have first been elected and served on this committee. I
do not know of any two finer Members that serve. But I do know this as
the ranking member at the time, not knowing the words that were
repeated by the ranking member, the gentleman from Minnesota [Mr.
Oberstar], but there was always that element of doubt and concern from
labor over that issue of disclosure/nondisclosure. With that, I would
urge all to support the Oberstar amendment.
Mr. SHUSTER. Mr. Speaker, will the gentleman yield?
Mr. TRAFICANT. I yield to the gentleman from Pennsylvania.
Mr. SHUSTER. My good friend said in the committee, and I am quoting
him now: Mr. Chairman, I am in strong support of this legislation. The
bill was developed in a bipartisan manner, et cetera.
Mr. Speaker, I would further say I am sure my good friend would not
want to mislead the body and certainly would not do that on purpose. I
am sure the gentleman would not intentionally mislead the body.
Talk about antitrust immunity here in ocean shipping, well antitrust
immunity continues to exist in rail and trucking as well, and in fact
in rail and in trucking the right to enter into these private contracts
exists.
So the Staggers Act, which has been extraordinarily successful in
revitalizing the rail industry, has the very provision in it that we
have in this bill and which was supported not only in the committee by
the gentleman and the Democratic side, but in a speech less than a
month ago by my good friend from Minnesota.
So I find it extraordinary that we have this disagreement.
Mr. TRAFICANT. Reclaiming my time, if we went back into the archives
and looked at all the memorializations of any speeches made by every
Member, I am sure we would find some unusual trespasses.
Let me say this before I would yield. There is one thing that I do
recall, and there was one great concern over this bill. That is the
issue that was brought forth in the Oberstar language. I think it is at
the right place where the deliberative body here shall make that
decision, in the Congress here, the whole House, and I support the
Oberstar language. I think it clarifies it, it stabilizes it, and in
fact solidifies what we do here today for small ports, small business
and for labor.
Mr. OBERSTAR. Mr. Speaker, will the gentleman yield?
Mr. TRAFICANT. I yield to the distinguished gentleman from Minnesota.
Mr. OBERSTAR. Mr. Speaker, I am sure the chairman would not want to
mislead people either into thinking that labor was at the table, as he
said, because in the list of witnesses on the one hearing we had, there
was no representation from labor. There was no testimony from labor. So
they were not part of the deal. Those maritime interests that are
concerned about this issue were not part of any deal.
Mr. SHUSTER. Mr. Speaker, will the gentleman yield?
Mr. TRAFICANT. Reclaiming my time, Mr. Speaker, I yield to the
distinguished gentleman from Pennsylvania.
Mr. SHUSTER. I would say to my friend I was quoting my friend from
Minnesota who said, and I quote, on this bill it enjoys the support of
carriers, of labor, of labor, and of the shipping community. I was
quoting my good friend from Minnesota.
Mr. QUILLEN. Mr. Speaker, I advise the gentleman from Massachusetts
[Mr. Moakley] that I have no further requests for time at this time.
Mr. MOAKLEY. I would like to inform the gentleman from Tennessee that
I do not have any requests for time either, and I yield back the
balance of my time.
Mr. QUILLEN. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The previous question was ordered.
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. SHUSTER. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas 422,
nays 0, not voting 11, as follows:
[Roll No. 142]
YEAS--422
Abercrombie
Ackerman
Allard
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Beilenson
Bentsen
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Bono
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Brownback
Bryant (TN)
Bunn
Bunning
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clayton
Clement
Clinger
Clyburn
Coble
Coburn
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Condit
Conyers
Cooley
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Davis
de la Garza
Deal
DeFazio
DeLauro
DeLay
Dellums
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Ensign
Eshoo
Evans
Everett
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Ford
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Graham
Green (TX)
Greene (UT)
Greenwood
Gunderson
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoekstra
Hoke
Holden
Horn
Hostettler
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klink
Klug
Knollenberg
Kolbe
LaFalce
LaHood
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Lincoln
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCollum
McCrery
McDade
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
Meehan
Meek
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
[[Page H4335]]
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quillen
Quinn
Radanovich
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sanford
Sawyer
Saxton
Scarborough
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Souder
Spence
Spratt
Stark
Stearns
Stenholm
Stockman
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Tiahrt
Torkildsen
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--11
Berman
Bryant (TX)
Clay
Danner
Ewing
Goss
Kaptur
McCarthy
McNulty
Molinari
Myers
{time} 1526
So the resolution, as amended, was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________