[Congressional Record Volume 157, Number 174 (Tuesday, November 15, 2011)]
[House]
[Pages H7604-H7609]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1330
COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2011
Mr. LoBIONDO. Mr. Speaker, I ask unanimous consent that, during
further consideration of H.R. 2838 in the Committee of the Whole
pursuant to House Resolution 455, the amendment by Mr. Young of Alaska
now at the desk be considered as though printed as the last amendment
printed in the House Report 112-267 and be debatable for 10 minutes.
The SPEAKER pro tempore (Mr. Woodall). The Clerk will report the
amendment.
The Clerk read as follows:
Amendment offered by Mr. Young of Alaska:
Page 56, after line 3, insert the following (and conform
the table of contents accordingly):
SEC. 612. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER
STORIS.
(a) In General.--The Commandant of the Coast Guard shall
convey, without consideration, all right, title, and interest
of the United States in and to the decommissioned Coast Guard
Cutter STORIS (in this section referred to as the ``vessel'')
to the Storis Museum, a nonprofit entity of Juneau, Alaska,
if the Storis Museum agrees--
(1) to use the vessel as a historic memorial, make the
vessel available to the public as a museum, and work
cooperatively with other museums to provide education on and
memorialize the maritime heritage of the vessel and other
maritime activities in Alaska, the Pacific Northwest, the
Arctic Ocean, and adjacent oceans and seas;
(2) not to use the vessel for commercial transportation
purposes;
(3) to make the vessel available to the United States
Government if needed for use by the Commandant in time of war
or a national emergency or based on the critical needs of the
Coast Guard;
(4) to hold the Government harmless for any claims arising
from exposure to hazardous materials, including asbestos and
polychlorinated biphenyls (PCBs), except for claims arising
from the use of the vessel by the Government;
(5) to bear all costs of transportation and delivery of the
vessel;
(6) to bear all costs of vessel disposal in accordance with
Federal law when the vessel is no longer used as a museum;
and
(7) to any other conditions the Commandant considers
appropriate.
(b) Maintenance and Delivery of Vessel.--Before conveyance
of the vessel under this section, the Commandant shall make,
to the extent practical and subject to other Coast Guard
mission requirements, every effort to maintain the integrity
of the vessel and its equipment until the time of delivery.
(c) Other Excess Equipment.--The Commandant may convey to
the recipient of the vessel under this section any excess
equipment or parts from other decommissioned Coast Guard
vessels for use to enhance the vessel's operability and
function for purposes of a public museum and historical
display.
Mr. LoBIONDO (during the reading). Mr. Speaker, I ask unanimous
consent to dispense with the reading of the amendment.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
The SPEAKER pro tempore. Is there objection to the original request
of the gentleman from New Jersey?
There was no objection.
General Leave
Mr. LoBIONDO. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 2838.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 455 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 2838.
{time} 1334
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 2838) to authorize appropriations for the Coast Guard
for fiscal years 2012 through 2015, and for other purposes, with Mrs.
Emerson (Acting Chair) in the chair.
[[Page H7605]]
The Clerk read the title of the bill.
The Acting CHAIR. Pursuant to the order of the House of today, an
additional amendment has been made in order.
When the Committee of the Whole rose on Friday, November 4, 2011,
amendment No. 8 printed in House Report 112-267 offered by the
gentlewoman from New York (Ms. Slaughter) had been disposed of.
Amendment No. 13 Offered by Mr. Landry
The Acting CHAIR. It is now in order to consider amendment No. 13
printed in House Report 112-267.
Mr. LANDRY. Madam Chairwoman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of title IV of the committee print, insert the
following:
SEC. 409. ABILITY FOR U.S.-FLAGGED OFFSHORE SUPPLY VESSELS TO
WORK IN OTHER COUNTRIES.
Any offshore supply vessel that is in compliance with the
damage stability requirements of section 1.1.4 of the
Guidance on Implementation of IMO Resolution A.673(16) for
U.S. Offshore Supply Vessels may carry unlimited amounts of
Grade D and E cargoes in addition to the unlimited amounts of
drilling fluids outlined in such section 1.1.4 when such
vessel is operating seaward of the United States boundary
line.
The Acting CHAIR. Pursuant to House Resolution 455, the gentleman
from Louisiana (Mr. Landry) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Louisiana.
Mr. LANDRY. Thank you, Madam Chairman.
My amendment is simple. It says that if another country is fine with
having an offshore supply vessel carry a certain cargo in that
country's water, then Coast Guard cannot object to it.
I bring this amendment because a company in my district is trying to
get a vessel certified to operate in Mexico trying to preserve American
jobs. Mexico has okayed the vessel and the AVS has said it has no
objection. The only holdup is the Coast Guard. As a result, the company
in my district currently has my vessel sitting at the dock and workers
sitting at home and capital tied up fighting the regulation.
Again, my amendment is simple. It allows an offshore supply vessel to
carry as much oil as it does drilling fluids when that vessel is
operating outside of U.S. waters if that vessel is in compliance with
the international safety standards for that class vessel.
This is a commonsense change. Drilling fluids have the same flash
point as oil, as such, an equal risk. Thus, there should be a uniform
standard for how much of that type of cargo the vessel can carry
outside of U.S. waters.
Unfortunately, I don't believe that Congress needs to act on this
matter. I believe that the Coast Guard can easily make the necessary
changes by simply adopting commonsense language and listening to the
host country.
For this reason, I would offer to withdraw my amendment if the
chairman will promise to help me work with the Coast Guard to get this
commonsense approach made and American workers back at work.
I yield to the chairman.
Mr. LoBIONDO. I thank the gentleman from coastal Louisiana.
As we discussed previously, we will be very happy to work with the
gentleman to see if we can't figure out a way to do this, and I thank
him for his cooperative efforts.
Mr. LANDRY. Madam Chairman, I ask unanimous consent to withdraw my
amendment.
The Acting CHAIR. Without objection, the amendment is withdrawn.
There was no objection.
Amendment No. 15 Offered by Mr. Pierluisi
The Acting CHAIR. It is now in order to consider amendment No. 15
printed in House Report 112-267.
Mr. PIERLUISI. I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 56, after line 3, insert the following new section:
SEC. 612. TRANSPORTATION OF PASSENGERS BETWEEN PORTS IN
PUERTO RICO.
Notwithstanding chapter 551 of title 46, United States
Code, a vessel of 100 gross tons or more not qualified to
engage in the coastwise trade may transport passengers
between ports in Puerto Rico.
The Acting CHAIR. Pursuant to House Resolution 455, the gentleman
from Puerto Rico (Mr. Pierluisi) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Puerto Rico.
Mr. PIERLUISI. I yield 1 minute to the gentleman from Florida (Mr.
Mica).
Mr. MICA. I thank the gentleman for yielding, and I would like to
yield to the gentleman from Texas for the purpose of entering into a
colloquy.
Mr. OLSON. I thank the gentleman for yielding.
Chairman Mica, H.R. 2838 requires standby vessels near oil rigs.
Subsequent to Deepwater Horizon, five major ports have made numerous
recommendations for improvements in oil spill prevention and response.
{time} 1340
Do you agree that it would be preferable to review these
recommendations and then make comprehensive decisions on prevention and
response improvements rather than to act on a single, limited,
expensive response strategy--standby vessels?
Mr. MICA. I agree with the gentleman from Texas.
Mr. OLSON. Will the chairman work with me as the process moves
forward to look for oil spill prevention and response strategies that
are more effective and less expensive than standby vessels?
Mr. MICA. I understand the gentleman's concern. We will work with
him.
Mr. PIERLUISI. Madam Chair, I yield myself such time as I may
consume.
My amendment will make a narrow and carefully targeted modification
to the Passenger Vessel Services Act of 1886 as it applies to Puerto
Rico. This amendment would authorize foreign-flagged vessels--in
particular, large yachts and recreational vessels--to transport
tourists and other paying passengers between ports within Puerto Rico.
My amendment would remove an outdated obstacle that makes it
impossible for the United States to compete with foreign jurisdictions
in the Caribbean region when it comes to attracting investment in
nautical tourism. Puerto Rico has the highest unemployment rate in the
U.S., and increased nautical tourism has the potential to create new
American jobs and spur economic growth.
Current Federal law already allows foreign-flagged vessels to
transport tourists and other paying customers from a port in Puerto
Rico to any port in the Caribbean region outside of Puerto Rico,
including to ports in the neighboring U.S. Virgin Islands, where the
act does not apply at all. Yet, contrary to common sense, these very
same vessels cannot be used to transport tourists and other paying
passengers between Puerto Rico's own ports.
For example, individuals and businesses cannot charter larger,
foreign-flagged yachts or recreational vessels for tourists and other
customers who would like to sail between Puerto Rico's various marinas.
My amendment would allow this to happen.
Madam Chair, the status quo simply defies common sense. Puerto Rico
consists of multiple islands and is home to 3.7 million American
citizens. It has over 700 miles of coastline and over 150 beaches. It
is located in the heart of the Caribbean Sea, often recognized as the
yachting capital of the world. It is surrounded by island nations like
the Dominican Republic, Aruba, and the British Virgin Islands, all of
which have established thriving nautical tourism industries. Yet the
United States in general, and Puerto Rico in particular, have been
unable to participate in this growing market.
According to the U.S. Coast Guard, there are a mere 30 or so
recreational vessels now operating in the Caribbean that, under current
law, are authorized to transport tourists and other paying customers
between Puerto Rico ports. Nothing could better illustrate how the U.S.
jurisdiction of Puerto Rico is being disadvantaged by present law.
As noted, the purpose of my amendment is simple and straightforward.
Puerto Rico faces many economic challenges. The territory's current
unemployment rate exceeds 15 percent. While the increased nautical
tourism that my amendment would allow will not alone solve these
problems, it does
[[Page H7606]]
have the potential to make a meaningful difference for the communities
and constituencies I represent.
I hope my colleagues on both sides of the aisle will support this
narrow amendment, which simply enables the United States to compete
with foreign jurisdictions in the Caribbean's growing nautical tourism
market.
I reserve the balance of my time.
Mr. LARSEN of Washington. Madam Chair, I claim the time in
opposition.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. LARSEN of Washington. I reluctantly rise to object to the
amendment offered by the gentleman from Puerto Rico, which would
undermine the Jones Act.
The amendment would allow foreign-flagged, foreign-built, foreign-
owned, and foreign-manned vessels over 100 gross tons to carry
passengers within Puerto Rico. As such, this waiver would disadvantage
U.S. maritime operators and U.S. seafarers who might otherwise provide
such services. In its present form, we cannot support the amendment.
I commend the gentleman from Puerto Rico for his sincere efforts to
expand maritime commerce in Puerto Rico, but I cannot support the
amendment he has offered today.
With that, I reserve the balance of my time.
The Acting CHAIR. The gentleman from Puerto Rico has 1 minute
remaining, and the gentleman from Washington has 4\1/2\ minutes
remaining.
The gentleman from Washington has the right to close.
Mr. PIERLUISI. In closing, Madam Chair, I hear that there is some
opposition, but what frustrates me is that there are no specifics. I
haven't yet heard a specific way in which my proposed amendment would
harm any U.S.-flagged vessel or industry.
Indeed, the groups that are supposedly opposing have not been able to
articulate any specific amendment that I could make to my bill to take
care of their concerns. Rather, their concerns appear to be more of a
generalized and of a vague quality, namely that they are concerned that
allowing any modification or revision to the Passenger Vessel Services
Act will eventually lead to other requests for modifications down the
line.
I believe we have to be balanced. Puerto Rico has been economically
going through a recession now for 5 years in a row, and this could make
a difference. Helping Puerto Rico helps the U.S. We are talking, after
all, about an American territory, about American jobs, and about the
nautical tourism industry in Puerto Rico and the U.S.
I urge my colleagues to support my amendment.
I yield back the balance of my time.
Mr. LARSEN of Washington. Madam Chair, I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Puerto Rico (Mr. Pierluisi).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. LARSEN of Washington. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Puerto Rico
will be postponed.
Amendment Offered by Mr. Young of Alaska
The Acting CHAIR. Pursuant to the order of the House of today, it is
now in order to consider the amendment by Mr. Young of Alaska.
Mr. YOUNG of Alaska. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 56, after line 3, insert the following (and conform
the table of contents accordingly):
SEC. 612. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER
STORIS.
(a) In General.--The Commandant of the Coast Guard shall
convey, without consideration, all right, title, and interest
of the United States in and to the decommissioned Coast Guard
Cutter STORIS (in this section referred to as the ``vessel'')
to the Storis Museum, a nonprofit entity of Juneau, Alaska,
if the Storis Museum agrees--
(1) to use the vessel as a historic memorial, make the
vessel available to the public as a museum, and work
cooperatively with other museums to provide education on and
memorialize the maritime heritage of the vessel and other
maritime activities in Alaska, the Pacific Northwest, the
Arctic Ocean, and adjacent oceans and seas;
(2) not to use the vessel for commercial transportation
purposes;
(3) to make the vessel available to the United States
Government if needed for use by the Commandant in time of war
or a national emergency or based on the critical needs of the
Coast Guard;
(4) to hold the Government harmless for any claims arising
from exposure to hazardous materials, including asbestos and
polychlorinated biphenyls (PCBs), except for claims arising
from the use of the vessel by the Government;
(5) to bear all costs of transportation and delivery of the
vessel;
(6) to bear all costs of vessel disposal in accordance with
Federal law when the vessel is no longer used as a museum;
and
(7) to any other conditions the Commandant considers
appropriate.
(b) Maintenance and Delivery of Vessel.--Before conveyance
of the vessel under this section, the Commandant shall make,
to the extent practical and subject to other Coast Guard
mission requirements, every effort to maintain the integrity
of the vessel and its equipment until the time of delivery.
(c) Other Excess Equipment.--The Commandant may convey to
the recipient of the vessel under this section any excess
equipment or parts from other decommissioned Coast Guard
vessels for use to enhance the vessel's operability and
function for purposes of a public museum and historical
display.
The Acting CHAIR. Pursuant to House Resolution 455 and the order of
the House of today, the gentleman from Alaska (Mr. Young) and a Member
opposed each will control 5 minutes.
The Chair recognizes the gentleman from Alaska.
Mr. YOUNG of Alaska. Madam Chairman, this is well explained in the
unanimous consent by the gentleman from New Jersey.
I just urge the passage of the conveyance of the decommissioned Coast
Guard Cutter STORIS to the nonprofit organization in Juneau, Alaska,
for use as an historic memorial.
I reserve the balance of my time.
Mr. LARSEN of Washington. Madam Chair, I claim the time in
opposition, but I do not oppose the amendment.
The Acting CHAIR. Without objection, the gentleman is recognized for
5 minutes.
There was no objection.
Mr. LARSEN of Washington. I encourage my colleagues to support the
Young amendment, and I yield back the balance of my time.
Mr. YOUNG of Alaska. I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Alaska (Mr. Young).
The amendment was agreed to.
Amendment No. 15 Offered by Mr. Pierluisi
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, the unfinished
business is the request for a recorded vote on amendment No. 15 printed
in House Report 112-267 by the gentleman from Puerto Rico (Mr.
Pierluisi) on which further proceedings were postponed and on which the
ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 322,
noes 100, not voting 11, as follows:
[Roll No. 840]
AYES--322
Ackerman
Adams
Aderholt
Akin
Alexander
Amodei
Andrews
Austria
Baca
Bachus
Barletta
Barrow
Bartlett
Barton (TX)
Bass (CA)
Bass (NH)
Becerra
Benishek
Berg
Berkley
Biggert
Bilbray
Bilirakis
Blackburn
Bonner
Bono Mack
Boren
Boswell
Braley (IA)
Brooks
Brown (FL)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Butterfield
Calvert
Camp
Canseco
Cantor
Capito
Capps
Capuano
Carney
Carson (IN)
Carter
Castor (FL)
Chabot
Chu
Cicilline
Clarke (MI)
Clarke (NY)
Clyburn
Coble
Coffman (CO)
Cohen
Cole
Conaway
Conyers
Cooper
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Davis (CA)
Davis (IL)
Davis (KY)
Denham
Dent
DesJarlais
Deutch
Dingell
Dold
Dreier
Duffy
Duncan (SC)
Ellison
Ellmers
Engel
Eshoo
Farenthold
Fitzpatrick
Flake
Flores
Forbes
[[Page H7607]]
Fortenberry
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Green, Al
Griffin (AR)
Griffith (VA)
Grijalva
Grimm
Guinta
Guthrie
Gutierrez
Hall
Hanna
Harper
Harris
Hartzler
Hastings (FL)
Hayworth
Heck
Heinrich
Hensarling
Herger
Himes
Hinchey
Hinojosa
Holt
Hoyer
Huelskamp
Huizenga (MI)
Hultgren
Hurt
Israel
Issa
Jackson (IL)
Jackson Lee (TX)
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jones
Jordan
Kaptur
Keating
Kelly
Kildee
King (IA)
Kissell
Kline
Kucinich
Labrador
Lamborn
Lance
Landry
Lankford
Latta
Levin
Lewis (CA)
Loebsack
Lofgren, Zoe
Long
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Maloney
Manzullo
Marchant
Marino
Markey
Matheson
McCarthy (CA)
McCaul
McClintock
McGovern
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
Meeks
Mica
Miller (FL)
Miller (NC)
Miller, Gary
Moran
Mulvaney
Murphy (PA)
Myrick
Napolitano
Neal
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Olver
Palazzo
Pascrell
Paul
Paulsen
Pearce
Pelosi
Pence
Perlmutter
Peters
Petri
Pingree (ME)
Pitts
Platts
Poe (TX)
Polis
Pompeo
Posey
Price (GA)
Price (NC)
Quayle
Quigley
Rangel
Reed
Rehberg
Reichert
Renacci
Reyes
Ribble
Richardson
Richmond
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (AR)
Ross (FL)
Rothman (NJ)
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Sanchez, Linda T.
Sanchez, Loretta
Schakowsky
Schiff
Schmidt
Schock
Schrader
Schwartz
Schweikert
Scott (SC)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell
Shuler
Shuster
Simpson
Sires
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Southerland
Stark
Stearns
Stivers
Stutzman
Sullivan
Terry
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Tonko
Towns
Tsongas
Turner (NY)
Turner (OH)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden
Walsh (IL)
Walz (MN)
Wasserman Schultz
Waters
Watt
Webster
Welch
West
Westmoreland
Whitfield
Wilson (FL)
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yarmuth
Yoder
Young (FL)
Young (IN)
NOES--100
Altmire
Amash
Baldwin
Berman
Bishop (GA)
Bishop (NY)
Black
Blumenauer
Boustany
Brady (PA)
Broun (GA)
Campbell
Cardoza
Cassidy
Chaffetz
Chandler
Clay
Cleaver
Connolly (VA)
Costa
Courtney
Cravaack
Critz
Cummings
DeFazio
DeGette
DeLauro
Dicks
Doggett
Donnelly (IN)
Doyle
Duncan (TN)
Edwards
Emerson
Farr
Fattah
Filner
Fincher
Fleischmann
Fleming
Garamendi
Green, Gene
Hahn
Hanabusa
Hastings (WA)
Herrera Beutler
Higgins
Hirono
Hochul
Holden
Honda
Hunter
Inslee
Johnson (GA)
Kind
King (NY)
Kingston
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee (CA)
Lewis (GA)
Lipinski
LoBiondo
Lynch
Mack
Matsui
McCarthy (NY)
McCollum
McCotter
McDermott
McNerney
Meehan
Michaud
Miller (MI)
Miller, George
Moore
Nadler
Owens
Pallone
Pastor (AZ)
Peterson
Rahall
Roybal-Allard
Runyan
Sarbanes
Scalise
Schilling
Scott (VA)
Sherman
Shimkus
Speier
Sutton
Thompson (CA)
Tierney
Waxman
Woolsey
Young (AK)
NOT VOTING--11
Bachmann
Bishop (UT)
Brady (TX)
Carnahan
Costello
Diaz-Balart
Gardner
Giffords
Kinzinger (IL)
Murphy (CT)
Payne
{time} 1417
Mr. DUNCAN of Tennessee, Ms. WOOLSEY, Ms. McCOLLUM, Messrs. CUMMINGS,
LaTOURETTE, Ms. DeGETTE, Messrs. PASTOR of Arizona, CONNOLLY of
Virginia, LYNCH, Ms. SPEIER, Ms. EDWARDS, Mr. SCOTT of Virginia, Ms.
BALDWIN, Messrs. LEWIS of Georgia, McNERNEY, Ms. HIRONO, Mr. FLEMING,
Ms. MATSUI, Mr. BLUMENAUER, Ms. HERRERA BEUTLER, Messrs. FATTAH, KING
of New York, SARBANES, LANGEVIN, and LARSON of Connecticut changed
their vote from ``aye'' to ``no.''
Ms. BUERKLE, Messrs. NEUGEBAUER, McHENRY, Ms. JENKINS, Messrs.
PEARCE, CRENSHAW, SCHWEIKERT, GARRETT, Mrs. BLACKBURN, Ms. HAYWORTH,
Mrs. CAPPS, and Mr. BUCSHON changed their vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated against:
Mr. CICILLINE. Mr. Chair, during rollcall vote No. 840 on H.R. 2838,
I mistakenly recorded my vote as ``aye'' when I should have voted
``no.''
Mr. SMITH of Washington. Mr. Chair, today I recorded an erroneous
vote on agreeing to Mr. Pierluisi's amendment to H.R. 2838. I intended
to vote ``no'' on rollcall vote No. 840, on agreeing to Mr. Pierluisi's
amendment to H.R. 2838.
The Acting CHAIR (Mr. Poe of Texas). The question is on the amendment
in the nature of a substitute, as amended.
The amendment was agreed to.
The Acting CHAIR. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Chaffetz) having assumed the chair, Mr. Poe of Texas, Acting Chair of
the Committee of the Whole House on the state of the Union, reported
that that Committee, having had under consideration the bill (H.R.
2838) to authorize appropriations for the Coast Guard for fiscal years
2012 through 2015, and for other purposes, and, pursuant to House
Resolution 455, reported the bill back to the House with an amendment
adopted in the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment to the amendment
reported from the Committee of the Whole?
If not, the question is on the amendment in the nature of a
substitute, as amended.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Mr. LARSEN of Washington. Mr. Speaker, I have a motion to recommit at
the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. LARSEN of Washington. Mr. Speaker, I am opposed to the bill in
its current form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Larsen of Washington moves to recommit the bill H.R.
2838 to the Committee on Transportation and Infrastructure
with instructions to report the same back to the House
forthwith with the following amendment:
At the end of the bill, add the following:
TITLE VIII--PROHIBITION ON CONTRACTOR FRAUD, WASTE, AND ABUSE
SEC. 801. PROHIBITION ON CONTRACTOR FRAUD, WASTE, AND ABUSE.
(a) Prohibition.--The Secretary of the department in which
the Coast Guard is operating and the Secretary of the Army,
acting through the Chief of Engineers, are each prohibited
from awarding a contract or issuing a delivery order or task
order to a person that the Secretary finds has been convicted
of--
(1) fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a contract or
subcontract with the Federal Government; or
(2) embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion,
violating Federal criminal tax laws, or receiving stolen
property.
(b) Period of Debarment.--If a Secretary referred to in
subsection (a) finds that a person has been convicted of a
violation described in subsection (a), the person shall be
barred from being awarded a contract or being issued a
delivery order or task order from the Secretary for the 10-
year period beginning on the date of the conviction.
(c) Waiver Authority.--A Secretary referred to in
subsection (a) may waive the application of subsection (a) in
a specific instance if the Secretary determines that the
waiver is necessary in the national security interests of the
United States.
{time} 1420
Mr. LARSEN of Washington (during the reading). Mr. Speaker, I ask
unanimous consent that the amendment be considered as read.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
[[Page H7608]]
Mr. LoBIONDO. Mr. Speaker, I reserve a point of order.
The SPEAKER pro tempore. A point of order is reserved.
The gentleman from Washington is recognized for 5 minutes.
Mr. LARSEN of Washington. Mr. Speaker, this final amendment prohibits
the U.S. Coast Guard and U.S. Army Corps of Engineers from awarding
contracts to felons convicted of contract fraud, waste and abuse.
It was just 1 month ago, Mr. Speaker, that a Federal magistrate judge
indicted four individuals on an alleged bribery and kickback scheme
regarding U.S. Army Corps of Engineers' contracts that defrauded U.S.
taxpayers of a minimum of $20 million; taxpayer dollars wasted on BMWs,
Rolexes, flat-screen televisions, first-class airline tickets,
investment properties across the globe, and the list goes on. In
exchange for these kickbacks, the contractors were guaranteed millions
in sole-sourced, open-ended contracts with a total award potential of
more than $1.7 billion--that's billion with a ``B.'' They were sailing
high on taxpayer dollars while other Americans were struggling to stay
afloat.
When they were arrested, the coconspirators had their sights set on a
$780 million Corps of Engineers' contract. Fortunately, they were
apprehended before this very large contract was awarded.
Similarly, in August of this year, a Federal court grand jury in
Norfolk, Virginia indicted four coconspirators of multiple alleged
criminal charges, including conspiracy, theft of public money, wire
fraud, illegal gratuities, false statements and money laundering in
connection with a kickback scheme involving Coast Guard vessel repair
contracts.
Mr. Speaker, this August 2011 kickback scheme is particularly
striking because of the Coast Guard's spectacular contract failures in
recent history under the Deepwater program. We all may recall that
under Deepwater, the Coast Guard's most infamous failure was the effort
to lengthen the Coast Guard's existing 110-foot patrol boats to 123
feet and install new, upgraded information technology equipment. After
eight boats were delivered, the Coast Guard determined that the
lengthened hulls cracked and were unsafe.
We simply cannot afford to allow one more dollar of our limited
Federal resources--of the taxpayers' limited resources--to be wasted.
We can help root out these crony kickbacks with this final and
straightforward amendment. This is a plain and simple vote to eliminate
fraud, waste and abuse.
When you hear about contractors who engage in the largest corruption
scheme in modern history, like those in the Army Corps, it's clear they
need to be put in the penalty box. This final amendment simply says
that contractors who rip off taxpayers can't get more contracts.
Specifically, it prohibits the Coast Guard and the Corps of Engineers
from awarding a contract to a contractor convicted of fraud or a
criminal offense related to obtaining a contract or subcontract with
the Federal Government.
It also prohibits a contract for a contractor convicted of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, tax evasion, violating Federal
criminal tax laws, or receiving stolen property from participating.
This final amendment ensures that felons convicted of criminal
offenses related to receiving government contracts and abusing the
public trust will no longer stand to benefit from future Federal
contracts for at least 10 years. This amendment will not kill the bill.
It will simply immediately add this taxpayer safeguard, and then the
House will vote on final passage of the bill right here and right now.
So I urge my colleagues on both sides of the aisle to join me in
supporting this final amendment, which will ensure that we bust waste,
fraud, and abuse and throw those kickback cronies into the penalty box.
With that, I yield back the balance of my time.
Mr. LoBIONDO. Mr. Speaker, I withdraw the point of order and claim
the time in opposition.
The SPEAKER pro tempore. The reservation is withdrawn.
The gentleman from New Jersey is recognized for 5 minutes.
Mr. LoBIONDO. Mr. Speaker, we've had a very bipartisan effort in
coming to this point on this Coast Guard legislation in our
subcommittee and in our full committee. And I must say I'm disappointed
that, with all the cooperation and back and forth that we've had, this
is an issue that's never been raised. But not withstanding that,
bribery and kickbacks are illegal under any circumstances. This is
redundant. It's already illegal to do these things.
I urge everyone to vote ``no'' on the motion to recommit and ``yes''
on final passage.
I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. LARSEN of Washington. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule
XX, this 15-minute vote on the motion to recommit will be followed by
5-minute votes on passage of H.R. 2838, if ordered, and adoption of
House Resolution 463.
The vote was taken by electronic device, and there were--yeas 189,
nays 235, not voting 9, as follows:
[Roll No. 841]
YEAS--189
Ackerman
Altmire
Andrews
Baca
Baldwin
Barrow
Bass (CA)
Becerra
Berkley
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Brady (PA)
Braley (IA)
Brown (FL)
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castor (FL)
Chandler
Chu
Cicilline
Clarke (MI)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Critz
Crowley
Cuellar
Cummings
Davis (CA)
Davis (IL)
DeFazio
DeGette
DeLauro
Deutch
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Filner
Frank (MA)
Fudge
Garamendi
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanabusa
Hastings (FL)
Heinrich
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kildee
Kind
Kissell
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lynch
Maloney
Markey
Matheson
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNerney
Meeks
Michaud
Miller (NC)
Miller, George
Moore
Moran
Nadler
Napolitano
Neal
Olver
Owens
Pallone
Pascrell
Pastor (AZ)
Pelosi
Perlmutter
Peters
Pingree (ME)
Polis
Price (NC)
Quigley
Rahall
Rangel
Reyes
Richardson
Richmond
Ross (AR)
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schrader
Schwartz
Scott (VA)
Scott, David
Serrano
Sewell
Sherman
Shuler
Sires
Slaughter
Smith (WA)
Speier
Stark
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watt
Waxman
Welch
Wilson (FL)
Woolsey
Yarmuth
NAYS--235
Adams
Aderholt
Akin
Alexander
Amash
Amodei
Austria
Bachus
Barletta
Bartlett
Barton (TX)
Bass (NH)
Benishek
Berg
Biggert
Bilbray
Bilirakis
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boustany
Brooks
Broun (GA)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Carter
Cassidy
Chabot
Chaffetz
Coble
Coffman (CO)
Cole
Conaway
Cravaack
Crawford
Crenshaw
Culberson
Davis (KY)
Denham
Dent
DesJarlais
Dold
Dreier
Duffy
Duncan (SC)
Duncan (TN)
Ellmers
Emerson
Farenthold
Fincher
Fitzpatrick
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett
Gerlach
Gibbs
Gibson
Gingrey (GA)
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Guthrie
Hall
[[Page H7609]]
Hanna
Harper
Harris
Hartzler
Hastings (WA)
Hayworth
Heck
Hensarling
Herger
Herrera Beutler
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Issa
Jenkins
Johnson (IL)
Johnson (OH)
Johnson, Sam
Jordan
Kelly
King (IA)
King (NY)
Kingston
Kline
Labrador
Lamborn
Lance
Landry
Lankford
Latham
LaTourette
Latta
Lewis (CA)
LoBiondo
Long
Lucas
Luetkemeyer
Lummis
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marino
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McKeon
McKinley
McMorris Rodgers
Meehan
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mulvaney
Murphy (PA)
Myrick
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Palazzo
Paul
Paulsen
Pearce
Pence
Petri
Pitts
Platts
Poe (TX)
Pompeo
Posey
Price (GA)
Quayle
Reed
Rehberg
Reichert
Renacci
Ribble
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (FL)
Royce
Runyan
Ryan (WI)
Scalise
Schilling
Schmidt
Schock
Schweikert
Scott (SC)
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Southerland
Stearns
Stivers
Stutzman
Sullivan
Terry
Thompson (PA)
Thornberry
Tiberi
Tipton
Turner (NY)
Turner (OH)
Upton
Walberg
Walden
Walsh (IL)
Webster
West
Westmoreland
Whitfield
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yoder
Young (AK)
Young (FL)
Young (IN)
NOT VOTING--9
Bachmann
Brady (TX)
Diaz-Balart
Gardner
Giffords
Kinzinger (IL)
Murphy (CT)
Payne
Peterson
{time} 1444
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
The bill was passed.
A motion to reconsider was laid on the table.
____________________