H. Res. 455: H.R. 2838 - Coast Guard and Maritime Transportation Act of 2011

COMMITTEE ACTION: REPORTED BY A RECORD VOTE OF 8-4 on Thursday, November 3, 2011.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 245-166 AFTER AGREEING TO THE PREVIOUS QUESTION BY A RECORD VOTE OF 234-177 on November 4, 2011.

MANAGERS: Slaughter/Bishop

112th Congress 
1st Session

H.RES 455

[Report No. 112-267]

 

H.R. 2838 - Coast Guard and Maritime Transportation Act of 2011

1. Structured rule.

2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Transportation and Infrastructure.

3. Waives all points of order against consideration of the bill

4. Makes in order as original text for purpose of amendment the Rules Committee Print of H.R. 2838 dated October 28, 2011 and provides that the print shall be considered as read.

5. Waives all points of order against the Rules Committee Print.

6. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report 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.

7. Waives all points of order against the amendments printed in the report.

8. Provides that the chairman of the Committee on Transportation and Infrastructure or his designee may offer amendments en bloc consisting of amendments printed in the Rules Committee report not earlier disposedof Amendments en bloc shall be considered as read, shall be debatable for 10 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Transportation and Infrastructure or their designee, shall not be subject to amendment, and shall not be subject to a demand for division of the question. The original proponent of an amendment included in such amendments may insert a statement in the Congressional Record immediately before the disposition of the amendments en bloc.

9. Provides one motion to recommit with or without instructions.

10. Provides that it shall be in order at any time on the legislative day of November 4, 2011, for the Speaker to entertain motions that the House suspend the rules relating to a measure addressing the applicability of the coastwise trade laws.

RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration ofthe bill (H.R. 2838) to authorize appropriations for the Coast Guard for fiscal years 2012 through 2015, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and amendments specified in this resolution and shall not exceed one hour equally divided and controlled by the chair 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.

Sec. 2. (a) In lieu of the amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of the Rules Committee Print dated October 28, 2011. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. (b) No amendment to the amendment in the nature of a substitute made in order as original text shall be in order except those printed in the report of the Committee on Rules accompanying this resolution and amendments en bloc described in section 3 of this resolution. (c) Each amendment printed in the report of the Committee on Rules shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report 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. (d) All points of order against amendments printed in the report of the Committee on Rules or amendments en bloc described in section 3 of this resolution are waived.

Sec. 3. It shall be in order at any time for the chair of the Committee on Transportation and Infrastructure or his designee to offer amendments en bloc consisting of amendments printed in the report of the Committee on Rules accompanying this resolution not earlier disposed of. Amendments en bloc offered pursuant to this section shall be considered as read, shall be debatable for 10 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Transportation and Infrastructure or their designees, 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. The original proponent of an amendment included in such amendments en bloc may insert a statement in the Congressional Record immediately before the disposition of the amendments en bloc.

Sec. 4 .. 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. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recol!lmit with or without instructions.

Sec. 5. It shall be in order at any time on the legislative day of November 4, 2011, for the Speaker to entertain motions that the House suspend the rules relating to a measure addressing the applicability of the coastwise trade laws.

SUMMARY OF AMENDMENTS PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

# Description

Debate Time

1. LoBiondo (NJ)

#31 Manager's Amendment. (LATE) Would add a new
section providing the Secretary authority to extend the
duration of medical certificates issued to merchant
mariners, requires the Coast Guard to study the
efficacy of requiring the carriage of certain survival
craft, makes several technical and clarifying changes,
and adds a new title providing new authorities to
suppress the threat of piracy and protect U.S. vessels
and mariners transiting high risk waters.

(10 Minutes)

2. Shuler (NC)

#18 Would require the Coast Guard to give priority to
persons that manufacture materials, parts, and
components in the United States when entering into contracts and placing orders under Sec. 208 (a).

(10 Minutes)

3. Cummings (MD)

#4 Would strike a provision that would eliminate an
existing statutory requirement that the Coast Guard
appoint an ombudsman in each Coast Guard District.

(10 Minutes)

4. Thompson, Bennie (MS)

#14 Would add a new section to the end of title II of H.R. 2838 to open admissions to the U.S. Coast Guard
Academy to eligible candidates nominated by
Congress. Specifically, the amendment would require
the U.S. Coast Guard to ensure that, beginning in
academic year 2014, half of the incoming class is
composed of eligible candidates nominated by the Vice
President or, if there is no Vice President, by the
President pro tempore of the Senate; Senators;
Representatives; and Delegates to the House of
Representatives.

(10 Minutes)

5. Palazzo (MS)

#3 Would strike section 303 of the bill which places
unneeded and harmful restrictions on the future
contracting and construction of the United States Coast
Guard National Security Cutter. The National Security
Cutter is a much needed and extremely cost effective
ship for the Coast Guard and is actively proving its
value through highly successful counter drug and other
missions while replacing a aging coast guard fleet.

(10 Minutes)

6. Napolitano (CA)

#17 Would give distant water tuna vessels in the Western Pacific Ocean the option of using Guam as their required port of call in order to meet U.S; maritime regulations.

(10 Minutes)

7. Bishop, Tim (NY)

#10 Would provide states the authority to impose more
protective operational requirements on the discharge of
ballast water within state resource waters.

(10 Minutes)

8. Dingell (MI), Slaughter (NY)

#22 Would strike Title VII.

(10 Minutes)

9. Huizenga (MI), Petri (WI), Benishek (MI)

#11 Would freeze the Environmental Protection Agency's current vessel discharge regulatory framework for certain vessels of historic significance.

(10 Minutes)

10. Olson (TX)

#34 (LATE) Would require the Commandant of the Coast Guard in consultation with appropriate representatives of industry to conduct a feasibility study to determine the capability, cost, and benefits of requiring the owner or operator of a manned facility, installation, unit, or vessel to locate a standby vessel nearby.

(10 Minutes)

11. McIntyre (NC)

#29 Would add to the purpose section of the establishment of the Committee on the Marine Transportation System (Section 401) that it coordinate with local businesses to promote an efficient marine transportation system.

(10 Minutes)

12. Cummings (MD, Landry (LA)

#6 Would expand the information the Maritime
Administration is required to include in the
determinations it makes of the availability of qualified
United States flag capacity to carry cargo between two
points in the United States when a waiver of Jones Act
requirements pertaining to such carriage is sought.

(10 Minutes)

13. Landry (LA)

#30 (LATE) Would clarify Coast Guard guidance
regarding the ability of U.S. flagged offshore supply
vessels to carry unlimited amounts of Grade D and
Grade E cargo (combustible liquid) when said vessel is operating outside of U.S. waters, provided the vessel
meets the safety requirements of the International
Maritime Organization.

(10 Minutes)

14. McCaul (TX)

#28 Would prohibit the U.S. Coast Guard from delegating
vessel inspections from organizations that also provide
these services of behalf of any State Sponsor of
Terrorism-such as Iran, Sudan and Syria. Companion
language has been introduced in the Senate version of
this same bill.

(10 Minutes)

15. Pierluisi (PR)

#9 Would clarify the application of the Passenger Vessel
Services Act to vessels operating in Puerto Rico that
are not otherwise qualified to transport passengers for
hire and that are more than 100 gross tons. Would
allow such vessels to transport passengers between
ports in Puerto Rico-a non-contiguous jurisdiction of
multiple islands.

(10 Minutes)

16. Murphy, Christopher (CT)

#8 Would give manufacturers the opportunity to provide
information to contracting officers regarding how their
bid for a contract will affect domestic employment.
Would allow the Coast Guard to take this information
into consideration, but would not mandate that the
Coast Guard consider this information when awarding the contract. Information regarding the impact on
domestic employment is called a "Jobs Impact
Statement."

(10 Minutes)

17. Brown, Corrine (FL)

#20 Would prohibit the Army Corp of Engineers from
applying any additional peer review studies to the
Jacksonville Port dredging project.

(10 Minutes)

18. Ribble (WI)

#2 Would change the legislative description of a
commercial vessel to include all federally owned and
operated vessels, exempting military, Department of
Defense, and Coast Guard vessels. This amendment
would require all federal government vessels, except
for those exempted as previously mentioned, to comply
with the same ballast water rules and regulations with
which the private sector must comply.

(10 Minutes)