[Congressional Record (Bound Edition), Volume 157 (2011), Part 12]
[House]
[Pages 17330-17335]
[From the U.S. 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.
  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

[[Page 17331]]

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 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.

[[Page 17332]]

  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
     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

[[Page 17333]]


     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.
  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

[[Page 17334]]

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
     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)

[[Page 17335]]


     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.

                          ____________________