H7344 CONGRESSIONAL RECORD — HOUSE November 4, 2011 Payne Richardson Sanchez, Loretta bill makes significant steps and oceans, the Great Lakes, and inland Perlmutter Roskam Smith (WA) progress towards aligning the Coast waterways remain safe and efficient; Peterson Ross (FL) Stark Platts Ruppersberger Guard’s authorities with those granted and that our maritime industries con- Reed Rush by DOD. tinue to be vibrant sources of jobs and In addition to the parity issue, the b 1128 economic opportunity for the Amer- bill contains a title intended to reform ican people. Messrs. ROTHMAN of New Jersey, and improve Coast Guard administra- I want to thank Chairman LOBIONDO TIERNEY, and GEORGE MILLER of tion. The Coast Guard does an out- for his leadership in developing this California changed their vote from standing job for our Nation. However, legislation, H.R. 2838, the Coast Guard ‘‘nay’’ to ‘‘yea.’’ in the current budget environment, it and Maritime Transportation Act of Mr. AMASH changed his vote from is important for the Coast Guard to re- 2011, to reauthorize the activities of ‘‘nay’’ to ‘‘present.’’ view the services authorities and to the Coast Guard for fiscal year 2012 So (two-thirds being in the affirma- find ways to improve operations while through fiscal year 2014. tive) the rules were suspended and the reducing costs. I believe this bill will Although I have reservations that bill was passed. do just that. the authorized funding levels in this The result of the vote was announced The bill also amends shipping laws to bill are not sufficient to meet the as above recorded. improve safety and foster job growth many well-documented needs of the A motion to reconsider was laid on throughout the maritime sector and re- Coast Guard, at least this bill provides the table. authorizes the activities of the Federal for roughly level funding for the next 3 Stated for: Maritime Commission through 2015. years. We have had this discussion in Mr. FILNER. Mr. Speaker, on rollcall 831, I Included in the bill is the text of H.R. committee for the last several months was away from the Capitol due to prior com- 2840, the Commercial Vessel Discharge about the Coast Guard, Mr. Chairman, mitments to my constituents. Had I been Reform Act, which will improve cur- people wanting the Coast Guard to do present, I would have voted ‘‘yea.’’ rent regulation of ballast water and more with less. The greatest concern Mr. HIMES. Mr. Speaker, on Friday, Novem- other discharges incidental to the nor- that we have is that as we look at fund- ber 4, 2011, I was unable to be present for mal operation of a vessel. ing for the Coast Guard, we’re begin- rollcall vote 831 on H.R. 3321. Had I been Mr. Chairman, this provision is pret- ning to ask them to do less with less. present, I would have voted ‘‘yea.’’ ty simple. Currently, the Coast Guard And that is going to cause future prob- f and the EPA are making rules and lems for our Coast Guard. have authority to enforce ballast In general, Mr. Chairman, the legisla- COAST GUARD AND MARITIME water. There are currently 29 States tion includes several noncontroversial TRANSPORTATION ACT OF 2011 and tribes that have their own rules, provisions, especially title II, which The SPEAKER pro tempore (Mr. and it is a regulatory nightmare to be addresses issues of disparity in policy KINGSTON). Pursuant to House Resolu- able to do business in. We need one and authority between the Coast Guard tion 455 and rule XVIII, the Chair de- standard operation that reaches the and other armed services. I want to clares the House in the Committee of highest level of technology that is commend the chairman for his com- the Whole House on the state of the available to us. This also allows for us mitment to address this issue. Union for the consideration of the bill, to improve technology, and this is. If There are some provisions in this H.R. 2838. we’re talking about jobs, and we cer- bill, however, which remain problem- tainly are hearing an awful lot about atic, none more so than the provision b 1129 that these days, this is an opportunity that would sequentially decommission IN THE COMMITTEE OF THE WHOLE for us to be able to ensure that mari- the Coast Guard’s two heavy ice- Accordingly, the House resolved time jobs will be able to continue to breakers. The administration has ex- itself into the Committee of the Whole grow. pressed its strong opposition to this House on the state of the Union for the The current system is simply impos- provision in its statement of adminis- consideration of the bill (H.R. 2838) to sible, and it threatens our inter- tration policy. authorize appropriations for the Coast national maritime trade. At some point, we need to construc- Guard for fiscal years 2012 through 2015, This legislation eliminates this ridic- tively engage the Coast Guard in devel- and for other purposes, with Mr. ulous regulatory nightmare and estab- oping a sound, balanced path forward WOMACK in the chair. lishes a single uniform national stand- that realigns our expectations with a The Clerk read the title of the bill. ard. level of performance that we can rea- The CHAIR. Pursuant to the rule, the The EPA, the Coast Guard, the Na- sonably expect the Coast Guard to de- bill is considered read the first time. tional Academy of Sciences, the EPA liver, especially for its icebreakers and The gentleman from New Jersey (Mr. Science Advisory Board, the U.S. Flag its polar operations. LOBIONDO) and the gentleman from Industry, every national maritime With that, Mr. Chairman, I reserve Washington (Mr. LARSEN) each will labor union, manufacturers, farmers, the balance of my time. control 30 minutes. energy producers, and our largest and EXECUTIVE OFFICE OF THE PRESI- The Chair recognizes the gentleman most strategic international trading DENT, OFFICE OF MANAGEMENT from New Jersey. partners all endorse our approach to AND BUDGET, this legislation. It’s a commonsense Washington, DC, November 3, 2011. 1130 b way to be able to move forward, and it STATEMENT OF ADMINISTRATION POLICY Mr. LOBIONDO. Mr. Chairman, I helps us be able to accomplish our H.R. 2838—COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2011 yield myself such time as I may con- goals in the long run. sume. I would urge all of my colleagues to (Rep. LoBiondo, R–New Jersey, and Rep. Mica, R–Florida) H.R. 2838 will reauthorize the activi- support the legislation, and I reserve ties of the Coast Guard through 2014 at The Administration strongly opposes the balance of my time. House passage of H.R. 2838 because it in- levels which are consistent with the Mr. LARSEN of Washington. Mr. cludes a provision that would require the House-passed budget resolution. Chairman, I yield myself such time as Coast Guard to decommission the icebreaker This bill includes critical provisions I may consume. USCGC POLAR STAR. The administration that will give the Coast Guard, its The Coast Guard is a multi-mission has requeted, and Congress has appropriated, servicemembers and dependents great- agency responsible for a broad range of funds to reactivate the USCGC POLAR er parity with their counterparts in the activities including mariner licensing, STAR by December 2012 and extend that ves- Department of Defense, something that emergency oil spill response, vessel in- sel’s service life for seven to 10 years. This is critical and important for these pa- spections, and search and rescue oper- effort will stabilize the United States’ exist- ing polar fleet until long-term icebreaking triotic Americans. Ensuring parity ations. These and many other activi- capability requirements are finalized. By di- among the armed services has been a ties of the Coast Guard are indispen- recting the Commandant to decommission top priority for the committee for sable and ensure that our coasts and the USCGC POLAR STAR within three some time, and I am proud to say this ocean resources are protected; that our years, the bill would effectively reduce the

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00010 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7345 vessel’s service life to two years and create a and foreign commerce in such ways, if they are forced to operate from inad- significant gap in the Nation’s icebreaking particularly in more sensible, uniform, equate facilities and to utilize equip- capacity. The Administration supports Title and environmentally protective ap- ment that has long since passed its ex- II (Coast Guard and Servicemember Parity), proaches available under this bill. pected lifetime. If we expect our ports which would promote parity between the Coast Guard and the other branches of the Title VII of H.R. 2838 aims to address and waterways to remain safe and se- armed forces. The Administration looks for- both the needs for standards to reduce cure and if we want our maritime econ- ward to working with the Congress to im- the risk of introducing invasive species omy to be vibrant and growing, ade- prove H.R. 2838 as the bill moves through the in our Nation’s waters through dis- quate investment in the Coast Guard is legislative process. charges of ballast water, and the need not an option but a requirement. Mr. LOBIONDO. Mr. Chairman, I for vessels that navigate from one ju- I also wish to express my concern yield such time as he may consume to risdiction to another to have a uniform about the ballast water provisions, a the gentleman from Ohio (Mr. GIBBS). set of requirements to comply with. separate title—in fact, a wholly sepa- Mr. GIBBS. I rise in strong support of The bill establishes a commonsense rate bill—stitched into this legislation, H.R. 2838, the Coast Guard and Mari- approach for regulating ballast water, but not seamlessly and not without time Transportation Act of 2011 and, in which will protect the environment, consequence. particular, title VII of the bill, the grow maritime jobs, and promote the Numerous State and local economies Commercial Vessels Discharge Reform flow of maritime commerce. have had to deal with the immense Act of 2011. I urge passage of H.R. 2838. costs associated with the invasion of Ballast water, while a necessity to Mr. LARSEN of Washington. Mr. plants and animals that hitch a ride maintain the stability of large vessels Chairman, I yield such time as he may into our country through dumped bal- during water-borne navigation, has al- consume to the ranking member of the last water. Coastal States are spending ways been recognized as one of the full committee, the gentleman from millions each year to control invading ways invasive aquatic nuisance species West Virginia (Mr. RAHALL). species, and each year, more and more are transported globally and intro- Mr. RAHALL. I thank the sub- invaders threaten to become estab- duced into coastal waters where they committee ranking member, the gen- lished in our waters. did not live before. Numerous invasive tleman from Washington, for yielding For these reasons, I support the pro- species have been introduced in U.S. me the time. visions that call for the adoption of waters through ballast water dis- In recognition of the tradition of the stringent national standards for ballast charges. One of the most well-known is Committee on Transportation and In- water treatment technologies. These the zebra mussel in the Great Lakes, frastructure to annually move bills to advances would help to prevent the in- which has caused millions of dollars in reauthorize the Coast Guard and the troduction and spread of these invaders damage in infrastructure. indispensable services it provides to and ensure the efficient flow of critical Current efforts to reduce the risk of the Nation, I am inclined to support commodities through waterborne invasive species being introduced this effort if it will improve the condi- transportation. But, unfortunately, through ballast water discharges are tion and readiness of the Coast Guard. tucked within the appealing treatment haphazard, contradictory, and ineffec- My home State of West Virginia may technology provisions of this added tive. The management of ballast water not be a coastal State; but our many title lies a poison pill that this House currently is governed differently by the stakeholders who use our inland water- would be foolish to swallow. Coast Guard, the Environmental Pro- ways, such as shippers, tug and barge All this year, this Congress has been tection Agency, as well as an assort- operators, and recreational boaters, ap- advocating an enhanced role for the ment of international, State, and terri- preciate the services provided by the States in protecting their economies torial regulations. Coast Guard, our guardians of the sea. and environment. The mantra has As a result, vessels engaged in inter- For example, the Coast Guard’s Na- been: Back off the States. Remove the state and international commerce are tional Maritime Center in Martinsburg, heavy hand of the Federal Government required to meet several different West Virginia, handles the processing and allow the States the space to over- standards for the management of bal- and approval of all mariner credentials see their own programs. But now, last water, some of which are not tech- for roughly a quarter million mariners. tucked into the folds of this bill is a nologically achievable or verifiable. Additionally, the Coast Guard’s Marine complete about-face. Rather than re- Complying with this patchwork of reg- Safety Unit Huntington, located in specting State powers and allowing ulations is burdensome and unaccept- Barboursville, West Virginia, inspects them the freedom to, in limited cir- able. Commercial shippers are at the vessels, conducts casualty investiga- cumstances, set higher standards to heart of our Nation’s interstate and tions, and ensures port security along protect their own waters and their own foreign commerce. the Ohio River and other navigable wa- residents, this bill imposes a down- As we all know, interstate and for- terways. from-on-high, one-size-fits-all ap- eign commerce involving navigation is These and other vital services pro- proach. the heart of the Federal jurisdiction vided by the Coast Guard directly sup- I find it ironic that, on an issue on under the commerce clause of the Con- port our maritime commerce, which is which the States have taken a leading stitution. If we subject vessels visiting critical to the future economic health role in the absence of Federal action, ports in more than one State to dif- of our country. Yet despite widespread this legislation would prohibit States ferent permit requirements in each acknowledgment of its importance, the from having any role in protecting State that they visit, they will be Coast Guard has rarely received suffi- their local resources. So I say to my forced to either violate State laws or cient resources to accomplish its many colleagues that we have a choice to cease making port calls in those States complex missions. support the benefits provided by this with requirements that are incon- I am disappointed that the author- bill without also swallowing the bitter sistent with the technology that the ized funding levels in this legislation anti-States’ rights pill. vessel has installed in response to an again fall short of the services’ needs. An amendment offered by my col- earlier enacted regulation from an- Just this week, we learned during the league from New York (Mr. BISHOP) other State. Coast Guard and Maritime Transpor- would protect the States. The Bishop Vessels involved in interstate and tation Subcommittee’s hearing con- amendment represents a surgical fix foreign commerce are mobile and can- cerning the Deepwater Horizon disaster that enables the States to nominate not be expected to comply with poten- that the Coast Guard’s marine environ- ‘‘no discharge zones’’ to protect impor- tially scores of inconsistent State re- mental response capabilities have tant State waters. quirements as they navigate from one dwindled due to a lack of funding. Contrary to some claims, the amend- jurisdiction to the next. These incon- ment would not allow a State to shut sistent State requirements will impose b 1140 down vital shipping zones or exempt all serious economic burdens on interstate We cannot expect the men and its waters from ballast discharges. The and foreign commerce. There simply is women of the Coast Guard to put their amendment specifically addresses no reason to interfere with interstate lives at risk to save the lives of others these concerns, preventing a State

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00011 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7346 CONGRESSIONAL RECORD — HOUSE November 4, 2011 from taking such action. It provides for Unfortunately, in my view—and, I be- authority for States to establish ‘‘no limited exemptions just like those lieve, in the view of a great many of discharge zones,’’ which is similar to available to the States in section 312 of my colleagues—the bill before us does what my amendment would establish. the Clean Water Act for sanitary dis- not do enough to protect our commu- Another precedent is that section 312 charges—an exemption, I would point nities and businesses from the avoid- of the Clean Water Act, which is the out, that has been used only 26 times. able costs of dealing with invasive spe- closest analogy to ballast water dis- The Bishop amendment would restore cies. charges from commercial vessels, es- the historic balance between the States This week the State of California and the Federal Government intended sent Members of Congress a letter say- tablishes uniform standards for dis- by the Clean Water Act. ing that title VII of the underlying bill charges of marine sanitation devices. If the Members of this body believe ‘‘will set a Federal ballast water dis- Section 312 specifically reserves a role that States’ rights must be protected charge standard that does not provide for States to create ‘‘no discharge from Federal overreach, this bill begs a significant improvement over exist- zones’’ for important State waters, pro- the question: Are you with the States ing management strategies and would vided that these zones will not ad- or against the States? eliminate the ability of States to regu- versely impact vessels from operating I support the amendment offered by late vessel discharges in their own wa- within the States. In the past, ballast the gentleman from New York (Mr. ters.’’ I would like to enter into the water legislation has included a role BISHOP), and I urge its adoption as a RECORD the letter from the California for the States, and industry was on critical fix to an otherwise worthy bill. State Lands Commission to which I am board with those provisions. I urge my colleagues to join me in vot- referring. ing to make that critical fix and to In my home State of New York we’ve b 1150 pass this legislation. been working with Michigan and other Mr. LOBIONDO. Mr. Chairman, I States to develop standards that are There’s an irony to what we’re doing yield myself such time as I may con- achievable with the technology that is here today, and that is, during this sume. available today but that would still Congress, much of the debate has cen- I would just like to take a moment protect sensitive State waters more tered on how States should be allowed and reiterate our thanks to the men than would today’s underlying bill. Un- to take the lead on managing different and women of the Coast Guard—unsung fortunately, this bill does not incor- programs within their jurisdiction, be heroes who are underrecognized and porate these science-based suggestions they educational programs or environ- underappreciated, who put their lives nor the jurisdictional concerns of the mental protection programs or elimi- on the line every day. They’re a crit- States. nating regulations and so on; and yet, ical component of our armed services. I also want to enter into the RECORD, in this instance, we are saying the They conduct critical missions to Mr. Chairman, a letter from the Envi- exact opposite. We are saying that the ronmental Council of the States which interdict illegal drugs. They provide Federal Government knows best how to urges that the States be able to main- fishery law enforcement as well as the protect local waters, and States are Homeland Security component. We tain a role in making determinations not given any say in protecting their want to make sure that we recognize with respect to their water quality. waters. and appreciate their efforts on an ev- While I think that most parties—and eryday basis. I’m one of them—agree that a uniform Just a few months ago, this Congress I would also like to, once again, national standard is necessary to pro- passed H.R. 2018, the Cooperative Fed- thank Mr. LARSEN for his cooperation tect our water resources, one of my eralism Act of 2011, which eliminates overall on the committee and espe- largest concerns is that this bill com- any Federal role in setting baseline cially with this legislation. pletely erases any role for States to water quality standards, giving full I reserve the balance of my time. protect waters within their jurisdic- discretion for the setting of those Mr. LARSEN of Washington. Mr. tions. So, as the gentleman from West standards to the States. Title VII of to- Chairman, I yield such time as he may Virginia said, I will be offering an day’s bill says that States should have consume to the gentleman from New amendment later today that will allow no say in what happens in their waters York (Mr. BISHOP). States to petition the Federal Govern- whatsoever, the exact opposite of what Mr. BISHOP of New York. I thank ment under a set of criteria that pro- this Congress passed with pretty broad the ranking member for yielding. I also tects international and domestic com- support several months ago. thank both the ranking member and merce to identify and protect highly the chairman for their work on this sensitive water resources within a We also have heard a great deal from important bill. State’s existing jurisdiction. our friends in the Tea Party about the I have some concerns about the bill, My amendment does not add or 10th Amendment and how rights need but I’m going to focus my remarks on change any technological requirements to be reserved to the States under that title VII, which deals with commercial in the bill. This is an issue of extreme amendment. Well, I would contend that vessel discharge reform and deals, importance for the industry, under- the ability to protect waters of the more specifically, with ballast water standably so, and for that reason my State and to set standards for waters of discharge and the concern about non- amendment simply does not affect in the State would fall within at least the indigenous invasive species. These non- any way the technological require- spirit of the 10th Amendment, and I indigenous species cost taxpayers and ments. It also does not give States would hope that my colleagues would businesses hundreds of millions of dol- carte blanche to prevent ships from re- agree with that. lars every year. leasing ballast water, which is another So I just want to say that I believe In the Great Lakes alone, approxi- important issue for the industry. There my amendment, as the gentleman from mately $500 million is spent every year is ample precedent for the amendment West Virginia referred to it, is a sur- in dealing with invasive species that that I am offering and for the policy gical attempt to fix what I believe is a clog municipal water systems and that that my amendment would embody. significant problem for States. damage infrastructure, such as electric In 1996 the then-Republican-con- power plants, levees, and aqueducts. In trolled Congress amended the Clean The gentleman from New Jersey (Mr. California, over $7 million was spent to Water Act, requiring the Department LOBIONDO) and I worked very hard to eradicate the Mediterranean green sea- of Defense to work with the Environ- try to come up with a sweet spot where weed from two small embayments in mental Protection Agency to regulate we could agree. We were unable to get southern California, and $12 million ballast water from military vessels there. It was not for a lack of trying. I had to be spent in San Francisco Bay through the Uniform National Dis- am very grateful to the gentleman to control the Atlantic cordgrass. Most charge Standards program. Through from New Jersey for his willingness to of these invasive species arrive in our this program, the Republican Congress work with me on this; but later we will waters via the ballast water of com- acknowledged a deep respect for the be offering this amendment, and I hope mercial vehicles. rights of States, including a residual my colleagues will support it.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00012 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7347

CALIFORNIA STATE ters as a result of vessel discharges, but as THE ENVIRONMENTAL COUNCIL LANDS COMMISSION, drafted, H.R. 2840 will set a federal ballast OF THE STATES, Sacramento, CA, November 2, 2011. water discharge standard that does not pro- Washington, DC, November 2, 2011. Rep. JOHN MICA, vide a significant improvement over existing Hon. FRANK LOBIONDO, Chairman, House Committee on Transportation management strategies and would eliminate Chairman, Subcommittee on Coast Guard and and Infrastructure, Washingtion, DC. the ability of states to regulate vessel dis- Maritime Transportation, Washington, DC. Rep. NICK RAHALL, Hon. RICK LARSEN, charges in their own waters. Ranking Member, House Committee on Trans- Ranking Member, Subcommittee on Coast Guard portation and Infrastructure, Washington, Staff specifically object to the provisions and Maritime Transportation, Washington, DC. in the bill that: DC. Rep. DAVID DREIER, Would set the International Maritime Or- Hon. BOB GIBBS, Chairman, House Committee on Rules, Wash- ganization (IMO) ballast discharge standard Chairman, Subcommittee on Water Resources ington, DC. and Environment, Washington, DC. as the U.S. federal standard. Rep. LOUISE SLAUGHTER, Hon. TIM BISHOP, Ranking Member, House Committee on Rules, There is clear scientific evidence that the Ranking Member, Subcommittee on Water Re- Washington, DC. IMO ballast water discharge standard is not sources and Environment, Washington, DC. DEAR REPRESENTATIVES: The staff of the a significant improvement over ballast water DEAR CONGRESSMEN: I am writing on behalf California State Lands Commission (Com- exchange (the current management prac- of the members of the Environmental Coun- mission) is writing to express our concern tice). Studies have shown that some vessels cil of the States, the state and territorial en- with bill H.R. 2840, the Commercial Vessel could meet the IMO standards by simply con- vironmental agencies, about H.R. 2840, and Discharges Reform Act of 2011. We have re- ducting ballast water exchange, and some an amendment to it offered by Congressman cently learned that this bill may be consid- Bishop. could meet it without conducting exchange ered as an amendment to the U.S. Coast Our understanding is that the bill seeks to at all. Therefore, adoption of the IMO stand- Guard Reauthorization bill. Staff has strong address the regulation of ship ballast waters concerns that provisions of the H.R. 2840 ard does little to advance the protection of in order to suppress the spread of exotic spe- would cripple California’s ongoing efforts to U.S. waters from NIS introductions. cies, and that it pre-empts any state regu- prevent the release of nonindigenous species Preempts states from adopting ballast latory approaches. to state waters, and urge that members con- water discharge standards, including stand- With respect to the direction of the bill, sider these concerns before addressing this ards that are more stringent than those es- ECOS could agree that: bill. (1) national standards can help to achieve In addition to the ecological and human tablished in H.R. 2840. a level playing field for compliance; health impacts that nonindigenous species A central tenant of the Clean Water Act is (2) the states have a diversity of experience have had, they can also represent a signifi- that States have the ability to set water and varying desire for federal regulation in cant and ongoing economic burden once es- quality standards above and beyond those tablished in a new region. For example, the this area; set by the Federal government in order to European zebra mussel attaches to hard sur- (3) the states have a role in developing ad- faces so thickly in the Great Lakes and Lake ensure proper environmental protection of ditional requirements based on state-specific Mead (AZ), that they clog municipal water state waters. H.R. 2840, as currently drafted, conditions, and as a backstop to federal systems and electric generating plants, cost- removes ballast water discharges from Clean standards that are not yet proven. ing over a billion dollars a year to control. Water Act jurisdiction and will cripple state ECOS has long held that ‘‘expansion of en- In 2008, the mussel arrived in California. efforts to prevent species introductions from vironmental authority to the states is to be supported, while preemption of state author- Should it spread to areas such as Lake Tahoe vessel discharges. San Francisco Bay is the ity is to be opposed.’’ The bill as drafted pre- or the California Aqueduct, the resultant most highly invaded estuary in North Amer- empts state authority not only for ballast economic impact could be significant. Be- ica, and perhaps the world, and invasive spe- tween 2000 and 2006, over $7 million was spent discharges, but also for many other types of cies cost the state millions of dollars each to eradicate the Mediterranean green sea- vessel discharges. ECOS also ‘‘affirms its weed from two small embayments in south- year to control. In addition, recent research support for the concept of flexibility, i.e., ern California. At the end of 2010, over $12 shows that California serves as a first entry that the function of the federal environ- million had been spent in San Francisco Bay point ‘‘hotspot’’ of invasion on the west mental agency is, working with states, to set to control the Atlantic cordgrass. If left un- coast, and NIS subsequently spread north to goals for environmental accomplishment and controlled, the buildup of cordgrass can have Oregon up to Alaska. Thus, California must that, to the maximum extent possible, the a substantial impact on shoreline land val- retain the ability to implement stringent, means of achieving those goals should be left ues. protective ballast water discharge standards to the states; this is particularly important Since 1999, when California passed the Bal- in order to protect its own waters as well as in the development of new programs which last Water for Control of Nonindigenous Spe- the waters of the rest of the western North will impact both states and U.S. EPA.’’ [See cies Act (Chapter 849, Statutes of 1999; Public America. our resolution entitled Environmental Fed- Resources Code §§ 71200, et seq.), it has been eralism at www.ecos.org.] and remains a national and world leader in Preempts states from adopting any stand- We also encourage Congress to ensure that the development of effective science-based ards or management practices related to any the United States Coast Guard and the management strategies for preventing spe- discharge incidental to the normal operation United States Environmental Protection cies introductions through vessel vectors. of commercial vessels. Agency have the resources they need to en- The Commission’s Marine Invasive Species force the act, should it become law. H.R. 2840 not only preempts states from de- Program (MISP) pursues aggressive strate- It seems to us that the amendment offered veloping ballast water discharge standards, gies to limit the introduction and spread of by Congressman Bishop addresses some of nonindigenous species (NIS) via vessels, in- but also preempts states’ ability to address our concerns, and that the bill would be im- cluding establishing strict performance any of the 26 discharges included in the Ves- proved by its inclusion, although several of standards for the discharge of ballast water sel General Permit. The California State our other concerns would remain. in 2007. Lands Commission is a world leader in the Regards, The Commission’s staff works coopera- development of strategies to combat species R. STEVEN BROWN. tively with the U.S. Environmental Protec- introductions due to vessel biofouling (i.e. Mr. LOBIONDO. Mr. Chairman, I tion Agency (EPA), the United States Coast the attachment or association of organisms Guard (USCG), and other states in order to yield myself such time as I may con- to the underwater surfaces of vessels). There advance a strong, enforceable, funded, na- sume. tional effort that pushes technology develop- are currently no federal programs in place to I want to thank the gentleman from manage this important vector of species in- ment and the science of invasive species New York for dialoguing and for ar- management forward, while ensuring that troductions. Should H.R. 2840 pass as cur- rently drafted, California would be hobbled ticulating his point. We have tried very the state’s existing, world-leading program hard to reach an accommodation. We be allowed to continue. Additionally, Com- in its efforts to prevent biofouling introduc- mission staff has long worked closely with tions within its waters. are going to continue to try to reach an accommodation, and I guess this is scientific, government, nonprofit and ship- Due to the aforementioned Commission ping industry representatives through tech- what this process is all about. We have staff concerns, please oppose the legislation nical advisory groups during the develop- a difference of opinion about the im- in its present form. Thank you for consider- ment of its requirements. This is to ensure a pact of the gentleman from New York’s well-rounded, diverse array of perspectives ation of these comments. If you have any questions, please do not hesitate to contact amendment and a couple of these other are taken into account during the evolution amendments. We are looking to try to of initiatives to prevent species introduc- me at (916) 574–1800. tions to the state. Sincerely, find a way to make sure we have uni- We appreciate the House’s attention to the CURTIS L. FOSSUM, form standards, and I pledge we will challenge of NIS introductions in U.S. wa- Executive Officer. continue to work to try to do that.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00013 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7348 CONGRESSIONAL RECORD — HOUSE November 4, 2011 I reserve the balance of my time. In a normal year on the inland water- will continue to age, and the result will Mr. LARSEN of Washington. Mr. way system, between 500 and 700 mil- be a worn and decrepit waterfront, Chairman, I first would like to inquire lion tons of bulk commodities with a badly neglected locks and dams, and how much time is remaining. current approximate value of nearly harbors with inadequate drafts to ac- The CHAIR. The gentleman from $125 billion are moved an average of cept foreign, deep-draft tonnage. Washington has 141⁄2 minutes remain- roughly 500 miles to produce in excess Our local businesses are on the front ing. of 300 billion ton-miles of freight trans- lines of commerce every day, and they Mr. LARSEN of Washington. Thank portation. When given a choice, heavy know where the savings and effi- you, Mr. Chairman. bulk shippers often choose barge trans- ciencies are that could be improved. I would like to yield 2 minutes to the portation on our waterways. It is esti- We must work with our local busi- gentlewoman from California (Mrs. mated that barge shippers and their nesses who know business best. If gov- NAPOLITANO). customers save more than $7 billion an- ernment is going to be involved in im- Mrs. NAPOLITANO. I too am very nually by utilizing inland waterways. proving the business environment, it concerned about the serious threat As lawmakers, especially during only makes sense that government that the invasive species pose to non- these difficult economic times, we talks to the businesses that we’re try- native waters. As the ranking member of the Nat- must do everything in our power to fa- ing to help. ural Resources Water and Power Sub- cilitate trade and economic activity. In my coastal district of North Caro- committee, we have held various hear- That’s why this Coast Guard and Mari- lina, marine transportation and com- ings on the effects of the invasive time Transportation Reauthorization merce is the lifeblood of the Cape Fear quagga mussel, the zebra and quagga Act is so critical to get it right. But we region. In understanding the impor- mussel in western waterways. I have also see in this bill, as prior speakers tance of marine transportation and wa- even traveled to Colorado in order to have mentioned, the patchwork of bal- terway infrastructure, I sought the understand how they are looking at the last water regulations that have ham- input of local business leaders to de- R&D to be able to see how we can pered our inland waterways trade and velop the Seventh Congressional Dis- eradicate this invasive species. imposed unnecessary cost on business. trict Coastal Compact to outline key It was introduced into the West from I applaud the effort to create a na- priorities for our area’s coastal infra- the ballast water of vessels coming in tional minimum standard to protect structure, maritime commerce, and a from the Great Lakes. This mussel is a our environment while creating cer- way in which we can get the public and dime-sized mussel that clogs water in- tainty and stability for the industry. private sector and government agen- frastructure. The glue is so potent that But I do support Representative cies to work together. nothing can take it off. It’s in the BISHOP’s amendment that strikes the So this amendment that I have put pumps. It’s in the intake valves and right balance. It allows States’ rights forth builds on a proven model used to the pipelines, costing water agencies and unique interests to be protected develop our Coastal Compact and one hundreds of thousands—if not mil- within no-discharge zones. in which we believe that business lead- lions—of dollars to clean out to allow I hope that eventually we can work ers across this country would like to for the water flow. out a compromise. I applaud the efforts have a say and involvement and first- The Metropolitan Water District of of both sides in trying to reach that, hand knowledge to be involved with southern California spent $25 million and I hope that effort will continue. I our marine transportation system. hope this bill can find broad support on fighting quagga mussels since 2007. b 1200 The Bureau of Reclamation is having a that addresses the needs of the goods major problem with the mussels, as movement industry while still pro- This is an example for us in Congress, they are causing funds to be spent to tecting our environment. I think we an example that we must follow to im- scrape them off those major pipelines can and need to do both. prove not only our marine transpor- instead of on projects needing those I look forward to working with my tation system, but also to create jobs funds. colleagues on both sides of the aisle on and to sustain an environment in I have seen firsthand the damage the this important work and again urge my which American business can flourish. quagga has done to the dams and the colleagues to hit the right balance to Therefore, I urge my colleagues to sup- water supply plants in southern Cali- be sure we are taking care of the men port this amendment so we can bridge fornia. This invasive species will con- and women that serve us in the Coast a better partnership with our local tinue to have a devastating impact on Guard, to be sure they can continue to businesses to improve the maritime the water supply of the West, and we serve us and the entire country. transportation system and put our Na- must address the fact that discharges Mr. LOBIONDO. I continue to reserve tion back on a path of economic vital- of ballast water carrying invasive spe- the balance of my time. ity. cies can cause irreversible harm to our Mr. LARSEN of Washington. Mr. Mr. LOBIONDO. Mr. Chairman, I am Nation’s waters, as is already the case Chairman, I yield 3 minutes to the gen- pleased to yield 2 minutes to the gen- in some areas. tleman from North Carolina (Mr. MCIN- tlelady from Florida (Ms. ROS- We must allow our State regulatory TYRE). LEHTINEN), whom we affectionately agencies the ability to protect against Mr. MCINTYRE. I rise today in sup- refer to as Dr. Illie. invasive species, and I will continue to port of my amendment to the Coast Ms. ROS-LEHTINEN. I thank my oppose the bill if it includes provisions Guard and Maritime Transportation good friend from New Jersey for the that hinder the States from protecting Act of 2011 on which we are working to- time. their water quality. I hope the chair- gether to consider as part of the en I rise in strong support of this Coast man and the ranking member can come bloc amendments. This important and Guard reauthorization bill that is to some agreement that will help our timely amendment calls on the Com- being considered on the floor today. I States. mittee on the Marine Transportation have the unique pleasure of rep- Mr. LOBIONDO. I continue to reserve System to coordinate with local busi- resenting over 265 miles of pristine the balance of my time. nesses to promote an efficient marine coastline, ranging from Miami Beach Mr. LARSEN of Washington. Mr. transportation system. all of the way down to Key West. In Chairman, I yield 3 minutes to the gen- As many of us know, the marine fact, two of the largest Coast Guard tleman from Missouri (Mr. CARNAHAN). transportation system is essential to sectors in the United States, Sector Mr. CARNAHAN. I am honored to the American economy. It supports Miami, commanded by Captain Chris- represent a district in the St. Louis, millions of American jobs, facilitates topher Scraba, and Sector Key West Missouri, region near the confluence of trade, moves people and goods, and pro- commanded by Captain Pat DeQuattro, the mighty Mississippi and the Mis- vides a safe, secure, cost-effective, and are located in my congressional dis- souri Rivers, an area where inland wa- energy-efficient transportation system. trict. As such, ensuring that the brave terway commerce is vital to our eco- It’s a win-win-win. men and women of the Coast Guard nomic well-being as well as to recre- Yet, if there are not adequate main- have the tools they need to effectively ation, security, and safety. tenance resources in place, our MTS patrol our coast is of utmost concern

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00014 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7349 to me and to all of the residents in my to applaud the chairman and the rank- to discuss those. I just want to under- congressional district. ing member for bringing that about. score one of those from Mr. MCINTYRE This legislation before us is a fiscally I’m going to have an amendment a and the role that the marine transpor- responsible reauthorization of the U.S. little bit later on which addresses an tation system plays, or the MTS as we Coast Guard and will include practical issue which is important to me, and call it, which consists of waterways reforms which will ensure greater effi- that is the ombudsman. I’ve said many and ports and intermodal land-side ciency in the replacing of aging assets times that we put this in the last au- connections that allow our various and improved utilization of all of its thorization because a lot of the folks at modes of transportation to move peo- resources. the ports and a lot of our mariners ple and goods to and from and on the This is particularly important in my were complaining. They were saying water. district as our two sectors have been that the Coast Guard would come and The MTS is vitally important to our working day and night to stop drugs want to make changes and say their economy. It’s vitally important to wa- from being smuggled into our country. way or the highway. One of the things terborne cargo and the associated ac- These drug smugglers are becoming that we wanted to do so commerce tivities which contribute more than more sophisticated and more brazen in could freely flow, we wanted to have $649 billion annually to the U.S. gross their efforts to bring illicit drugs to somebody come along and actually sit domestic product, sustaining more our shores. Just last month alone, the down and reason so that things could than 13 million jobs. Section 401 of this U.S. Coast Guard seized and then un- be worked out in a way that would be underlying bill would codify the com- loaded over 2,300 pounds of marijuana less onerous to the mariner commu- mittee on the marine transportation and nearly 900 pounds of cocaine in nity. system, a Federal interdepartmental Sector Key West. Without providing The CHAIR. The time of the gen- committee chaired by the Secretary of upgrades to our aging assets, it will be- tleman has expired. Transportation. come more and more difficult to keep Mr. LARSEN of Washington. I yield And I think it is just important to pace with these drug smugglers as the gentleman 1 additional minute. underscore further about this MTS, the their technology attempts to surpass Mr. CUMMINGS. I’m hoping that marine transportation system, and the ours. amendment does pass because our Re- role that the Coast Guard plays in That is why I rise in strong support publican friends have constantly said maintaining that. It can be somewhat of this Coast Guard reauthorization that they want to do away with regula- invisible to folks if they’re not on the bill, and I thank Dr. FRANK for giving tions that might impede the flow of water a lot, but the role that the U.S. me the time. commerce, and I think that my amend- Coast Guard plays in maintaining that Mr. LARSEN of Washington. Mr. ment is a step in that direction. I know marine transportation system that Chairman, I would like to yield 3 min- that the Coast Guard may not like it, therefore underlies the economic utes to the gentleman from Maryland but I think an ombudsman would bring growth potential that we have from a (Mr. CUMMINGS). about a fair balance so that we can well-balanced and well-developed ma- Mr. CUMMINGS. I thank the gen- achieve the things that we need to rine transportation system is impor- tleman for yielding, and I want to achieve. tant and is one of the underlying rea- thank the chairman and our ranking With that, again I applaud the chair- sons why we even have a Coast Guard member for the great work that they man and the ranking member for authorization bill each year to support have done not only this time but over bringing this bill forward. the great work of the U.S. Coast Guard. the years. Mr. LOBIONDO. I reserve the balance As a member of the subcommittee, I of my time. b 1210 have had an opportunity to—and ear- Mr. LARSEN of Washington. Mr. I would encourage Members to take a lier in previous sessions as chairman of Chairman, I yield myself such time as hard look at this bill. We’ve got some the subcommittee—I’ve had an oppor- I may consume. amendments coming up that Members tunity to visit many Coast Guard fa- We have no more speakers on the will bring up, and we’ll have good de- cilities. I am so amazed by what I see general debate, so I will take a few bate on those. But certainly as far as when I see so many young people who minutes here to conclude on our side general debate goes, I’d like to take give their lives, their blood, sweat and for general debate, and I appreciate the this time now to yield back the balance tears to save other people and to make opportunity to close on general debate. of my time and urge people to support sure that our waterways are kept safe, The points that were made earlier, I the underlying bill. and to make sure that our coasts are do want to reemphasize a few points. Mr. LOBIONDO. Mr. Chairman, I guarded. I call them the thin blue line One is a concern we have about the de- would, again, like to thank the gen- at sea. commissioning process and the decom- tleman from Washington for his co- I do support this legislation because I missioning of the two icebreakers that operation and remind the Members I think it is very important. There are are in the U.S. Coast Guard fleet. The think this is, on balance, an excellent some concerns I have, but I do want to administration has a statement of ad- bipartisan effort that moves the Coast commend the chairman. I understand ministration policy, which you’ve al- Guard forward. that we have a manager’s amendment lowed to be entered into the RECORD. I I yield back the balance of my time. that adds a modified version of H.R. think a follow-up to that point would Ms. RICHARDSON. Mr. Chair, I rise today 2839, the Piracy Suppression Act, as a be that we certainly would want to in support of H.R. 2838, the Coast Guard and title to this bill, and I think that is hear from the administration sooner Marine Transportation Act. very, very important. The piracy provi- rather than later about a plan for what However, while I support the underlying leg- sions include those that require the De- some would call an organic capability islation, I have serious concerns that this bi- partment of Transportation to estab- of our icebreaker fleet. That is a U.S. partisan-supported bill is combined with the lish a training program for U.S. mari- Coast Guard-owned and -operated ice- Commercial Vessel Discharges Act. ners on the use of force against pirates breaker fleet, rather than being left The Commercial Vessel Discharges Act sets and require a report from DOD within with the potential and real possibility a single nationwide standard for the treatment 180 days on actions taken to protect of having to lease icebreakers from of ballast water by commercial vessels. This foreign-flag vessels from acts of piracy other countries to do the work that would prevent states, such as California from on the high seas. I will definitely sup- otherwise we would be doing. That con- enacting more stringent ballast water stand- port that because I think it is very, tinues to be a major concern. ards. very important. We have heard, as well, concerns California has stronger ballast water stand- We’ve seen, and I know the chairman about the ballast water title and are ards than what is found in the Commercial has spent a lot of time on this, what expecting amendments and further de- Vessel Discharges Act. This legislation will has happened with regard to these pi- bate on that as the afternoon pro- cause more invasive species to infiltrate the rates. They feel they can just board our gresses. waters in California and the Great Lakes. This ships and hold our folks hostage, and Certainly we are going to have an en will also increase costs associated with com- we cannot allow that to happen. I want bloc amendment, and we will have time bating invasive species.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00015 Fmt 0636 Sfmt 9920 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7350 CONGRESSIONAL RECORD — HOUSE November 4, 2011 Mr. Chair, the Coast Guard and Marine Assessment and Strategy was drafted it in- economic activity in region, and is home to Transportation Act would have been further cluded a plan to identify maritime projects of one of the largest petro-chemical complexes in improved had the Rules Committee made my national significance; the steps taken to imple- the world. Because of this, security on the wa- three amendments in order. Let me briefly ex- ment 100 percent container screening at ports, terway is critical, and the Coast Guard has plain what my amendments would have done. which was recommended by the 9/11 Com- been exceptional in providing that security. My first amendment would have simply al- mission; and develop a plan for fully utilizing The Coast Guard enforces the nation’s laws lowed grants provided under the Port Security the Harbor Maintenance Trust Fund. in U.S. waters and on the high seas, and pro- Grant Program to be used to pay a portion of The Committee on the Marine Transpor- tects the lives and property of those at sea. personnel costs. tation System is tasked with assessing the The Coast Guard’s missions include maritime The Maritime Transportation Security Act adequacy of the marine transportation system search and rescue, illegal drug and migrant and the SAFE Port Act authorize funds to including ports, waterways, channels, and their interdiction, oil spill prevention and response identify vulnerabilities in port security and in intermodal connections. in the marine environment, marine safety, order to ensure compliance with mandated Part of this Committee’s job is to draft the maintenance of aids to navigation, enforce- port security plans. Marine Transportation System Assessment ment of U.S. fisheries, and other marine envi- The grant funding is provided to port au- and Strategy one year after this bill’s enact- ronmental laws, and maritime defense readi- thorities, facility operators, and state and local ment. This assessment will evaluate the condi- ness. government agencies so they can provide se- tion of the marine transportation system and I know this bill is not perfect, but I support curity services to our ports. the challenges the system faces. it because it provides the Coast Guard with However, currently Port Security Grant Pro- My amendment would have asked the com- the resources they need to meet the security gram funds cannot be used to fund statutorily- mittee to take into consideration three things and environmental demands they are tasked mandated security personnel costs. when drafting its assessment. with. The measure authorizes programs of the My amendment simply would have cor- First, to identify maritime projects of national Coast Guard in FY 2012. rected this inconsistency between the Port Se- significance. I believe identifying these cor- Passage of the bill will continue today’s high curity Grant Program and other grant funding ridors are essential to the goods movement levels of offshore safety, ensure important programs. process in this country. Too often we fund projects are not delayed, and will protect the Our American ports should not have to bear projects because of political reasons and not lives and livelihood of those who live and work the burden of protecting our most vital stream because it is right for the country. Under the around American waterways, such as the of commerce and source of American jobs on advisement of the Marine Transportation Sys- Houston Ship Channel. their own. tem National Advisory Council, interested par- Mr. Chair, I again thank the Committee for Instead, ports should be allowed to utilize ties, the public, and the Committee should put their work on this bill and urge my colleagues Port Security Grant Program funds to hire and forth a list of maritime projects of national sig- to join me in supporting it. pay security personnel who are used to staff nificance so that the country can make smart Ms. JACKSON LEE of Texas. Mr. Chair, I fusion center, emergency operations, and investments that increase the flow of goods, rise today to support H.R. 2838, ‘‘Coast Guard counterterrorism posts. the flow of trade, and create jobs. and Maritime Transportation Act of 2011.’’ Also, in order to prevent waste, fraud, and Second, to report what steps are being This legislation authorizes funding for the abuse, my amendment would have placed a taken to keep our nation safe by ensuring that Coast Guard through fiscal year 2014, and au- cap on the amount of Port Security Grant Pro- our ports are secure and not a weak point for thorizes service strength of 47,000 active duty gram funding that can be used to pay security terrorists to exploit. Millions of containers are personnel. personnel costs. shipped into our country every year and the In 1787, Alexander Hamilton, in Federalist Payments would have been limited to 50% smallest percentage are thoroughly checked Paper Number 12 laid the foundation for the of the total amount awarded to grant recipients for potential threats against the United States. modern Coast Guard when he noted that ‘‘[a] in any fiscal year. My amendment would have simply asked the few armed vessels, judiciously stationed at the This is consistent with other grant programs, committee to report what is being done to se- entrances of our ports, might at a small ex- such as the Urban Area Security Initiative. cure our ports as recommended by the 9/11 pense, be made useful sentinels of our laws.’’ Last month, I had a similar amendment commission. As a senior Member on the Committee on adopted by unanimous consent by the Home- Finally my amendment asked the committee Homeland Security, and the Border and Mari- land Security Committee during the markup of to make recommendations that would make time Security Subcommittee, I understand the the Department of Homeland Security Author- the delivery of the Harbor Maintenance Trust importance of protecting our maritime borders. ization Act for Fiscal Year 2012. Fund more efficient to the users who pay into In our post-9/11 climate, homeland security My amendment would have allowed grant it. Recently in a T&I subcommittee, members continues to be a top priority for our nation. recipients the flexibility to use a portion of their of the port committee expressed their dis- I believe protecting our country by air, land, funds to pay for security personnel expenses. pleasure with the lack of return on the Harbor and sea to be critical to our national security In short, my amendment would have pro- Maintenance Tax. There are too many interests. The security mission of the Coast vided a simple, common-sense change to projects essential to our nation’s goods move- Guard is beneficial to our maritime interests, what has become a complex funding issue for ment infrastructure going under or unfunded and consequently, our national security. our American ports. by the Harbor Maintenance Trust Fund. I In the aftermath of September 11, 2001, the My second amendment would simply have along with the entire witness panel agreed it is role of many agencies, including the Coast allowed grant funds under the Port Security time for reform. Guard, began to focus on Homeland Security. Grant Program to be used to replace defective Rest assured, I will continue to be an advo- The Homeland Security Act of 2002 allocated security equipment. cate for our ports, including the Port of Long a number of security missions to the Coast Currently, the Port Security Grant Program Beach and the Port of Los Angeles. As a Guard, the first being the protection of ports, allows grant funds to be used for maintenance Member of both the Transportation and Infra- waterways and coastal security. There are of security equipment, but not the replacement structure Committee and the Homeland Secu- more than 350 major ports in the United of security equipment. rity Committee, ensuring the safety of our na- States, including 23 in Texas, where I rep- My amendment would have given grant re- tion’s ports is one of my top priorities. resent the 18th Congressional District. The cipients the flexibility in determining whether it Again, Mr. Chair while I support the Coast Port of Houston is one of the busiest in the is more cost-effective to replace or repair se- Guard and Marine Transportation Act, I do not nation. More than 220 million tons of cargo curity equipment. support prohibiting states, like California from moved through the Port of Houston in 2010, It doesn’t make any sense to require grant enacting more stringent ballast water protec- and the port ranked first in foreign waterborne recipients to fix security equipment when it tions. I also feel that had my amendments tonnage for the 15th consecutive year. The may be cheaper to replace it with newer, im- been made in order, the safety of our ports port links Houston with over 1,000 ports in 203 proved technology. would have been improved. countries, and provides 785,000 jobs through- My amendment didn’t increase spending, Mr. GENE GREEN of Texas. Mr. Chair, I out the state of Texas. Maritime ports are cen- but would have given Port Security Grant Pro- rise in support of this bill and urge my col- ters of trade, commerce, and travel along our gram recipients the flexibility in determining leagues to join me in supporting it. nation’s coastline, protected by the Coast the best use of their funds. The 29th District of Texas that I represent Guard. My third amendment would have ensured encompasses the Port of Houston—the largest As a Representative from Texas, a border that when the Marine Transportation System foreign tonnage port in the country. It drives state, I am extremely concerned with curtailing

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00016 Fmt 0636 Sfmt 9920 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7351 the flow of illegal drugs into the United States. ceive reports on fraudulent use of the Trans- can use those measures, the cost of the man- The Coast Guard is the lead federal agency portation Worker Identification Card, and work date would tend to be lower. At the same for maritime drug interdiction. Houston is clas- closely with our local enforcement and legal time, the bill would authorize the Coast Guard sified by the Office of National Drug Control agencies such as the Harris County District to require standby vessels to be located closer Policy (ONDCP) as a High Intensity Drug Traf- Attorney to ensure these cases are pros- than 3 or 12 nautical miles to offshore facilities ficking Area, and in a 2009 report, the ONDCP ecuted. if necessary to address delays caused by expressed concern that ‘‘the sheer volume of In recognition of the significance of Hous- weather or other conditions. Reducing the maritime traffic and foreign cargo that passes ton’s shipping activity, the State of Texas for- minimum distance from facilities would in- through the port offers another avenue for mally established the Houston Ship Channel crease the number of vessels necessary for drug smuggling.’’ The Coast Guard coordi- Security District (HSCSD) in 2010. The compliance and increase the cost of the man- nates closely with other federal, state, and HSCSD represents a unique public-private date for some operators. The Congressional local agencies and countries within the region partnership formed to improve security and Budget Office estimates that the aggregate to disrupt and deter the flow of illegal drugs safety for facilities, employees and commu- cost of the mandate would probably exceed into Houston and other ports, decreasing the nities surrounding the Houston Ship Channel. the annual threshold established in UMRA for supply of illicit substances being transported The Coast Guard played an instrumental role private-sector mandates ($142 million in 2011, all over the country. in the formation of the HSCSD, and continues adjusted annually for inflation). The Coast Guard protects the interests of to work closely with the HSCSD to ensure However, I do have some reservations American citizens and American commerce alignment of priorities and unity of effort. As about some of the provisions in this legisla- abroad. Last year, 73.2 million tons of exports Sector Commander, I am a member of the tion. At the request of President Obama’s Ad- left the Port of Houston to be sold to countries HSCSD Advisory Council and Sector Port Se- ministration, Congress has appropriated fund- around the world. These exports represented curity specialists attend HSCSD board meet- ing to reactivate the USGC Polar Star, a heavy icebreaking vessel. The ship is to be re- $70.8 billion dollars, and countless American ings. The district provides oversight of com- activated by December 2012 for 7 to 10 years jobs. The international counter-piracy efforts of prehensive and cost-effective security solu- of service. The Polar Star is deployed to assist the Coast Guard focus on preventing attacks tions, leveraging more than $30 million in Fed- researchers throughout the Polar Regions, of piracy that threaten American commercial eral Port Security grants along with $4 million and is essential to United States icebreaking vessels and cargo. The Coast Guard also per- in annual member assessments to install tech- capabilities. Ice breaking vessels create path- nology and security infrastructure and provide forms vital counter-terrorism measures in ports ways through which supply ships can travel, abroad to ensure the safety of Americans funds for specific security projects, mainte- facilitating important research. In its current across the globe. nance and operational services. form, the bill decommissions the Polar Star In Houston, the Coast Guard routinely con- The Port of Houston accommodates a large within 3 years, creating a gap in the nation’s ducts integrated operations with the city, coun- number of tankers carrying crude oil, refined icebreaking abilities. ty, state and Federal Law Enforcement part- products and chemical cargoes. With approxi- As a senior Member on the Homeland Se- ners. The joint agency Houston Area Maritime mately 9,600 deep draft ship arrivals each curity Committee, I have a deep commitment Operations Center is a prime example of the year, the Coast Guard maintains a very exten- to creating a stronger and more secure Amer- type of coordination directed in the Maritime sive Port State Control program in the Hous- ica. I have worked with my colleagues, on Operations Coordination Plan recently signed ton-Galveston area. The Port State Control both sides of the aisle, to pass legislation that by the U.S. Coast Guard, U.S. Customs and program ensures the safe carriage of haz- ensures that our nation is receiving the secu- Border Protection (CBP) and U.S. Immigration ardous materials in bulk. Because over 90 rity that our citizens deserve. As the potential and Customs Enforcement (ICE). percent of cargo bound for the United States threats and vulnerabilities along our coast line The Port of Houston is one of the world’s is carried by foreign-flagged ships, this na- may always exist, we rely upon Coast Guard busiest ports and the Coast Guard bears the tional program prevents operation of sub- and their active involvement with hundreds of ultimate responsibility for its smooth operation. standard foreign ships in U.S. waters. partners who are directly involved with or im- In terms of maritime traffic and cargo, the Port The Sector also makes excellent use of its pacted by the maritime industry in the Hous- of Houston ranks first in the United States for robust Vessel Traffic Service (VTS). The ton-Galveston area of responsibility. This sec- number of ship arrivals and second in total VTS’s primary role is facilitating safe vessel tor is committed to deterring incidents before cargo tonnage. Houston handles over 50 per- transits in the waterways and ports along the they happen and is well-prepared to respond cent of all containerized cargo arriving at Gulf Houston Ship Channel. The VTS cameras, to them should they occur. The Coast Guard of Mexico ports. Automatic Identification System (AIS) feeds, is vital to the protection of our national secu- Additionally, more than 50 percent of the remote radar observation capability, and radio rity. gasoline used in the United States is refined communications also provide an additional Both sides of the aisle have a strong re- in this area. With more than 100 petro- layer of security. In addition to the VTS re- spect for the Coast Guard as well as for the chemical waterfront facilities, Houston is the sources in the Houston Ship Channel, Sector men and women who work on manned sta- second largest such complex in the world. Houston-Galveston has access to feeds from tions off of our shores. I understand that Rep- Major corporations such as ExxonMobil, Shell, three AIS receivers mounted on offshore oil resentative MICA has agreed to honor the pur- Saudi ARAMCO, Stolt Nielson, Odfjell USA platforms, which provide heightened aware- pose of an amendment offered by Represent- Inc., Sea River and Kirby Marine have national ness of activities in the maritime domain. ative OLSON that would have required the or international headquarters in Houston. With a homeland security mission of this Commandant of the Coast Guard, in consulta- These operations typically involve the Harris magnitude, it is essential that the Coast Guard tion with appropriate representatives of indus- County Sheriffs Office and local city Police be fully funded. This bill will authorize $8.49 try, to conduct a feasibility study to determine Department marine divisions as well as CBP, billion in 2012, $8.6 billion in 2013, and $8.7 the capability, cost, and benefits of requiring ICE, Federal Bureau of Investigation, Bureau billion in 2014. It is certainly the duty of this the owner or operator of a manned facility, in- of Alcohol, Tobacco, Firearms, and Explosives Congress and the Administration to ensure the stallation, unit, or vessel to locate a standby and other Federal partners. Efforts are under- brave men and women who serve in the vessel nearby. I would have supported this way with The Coast Guards processes with Coast Guard have the resources necessary to amendment because although a properly de- neighboring sectors to align and streamline perform the wide range of duties assigned to signed and equipped standby vessel in the im- their operations across all jurisdictional bound- them. mediate vicinity of manned outer continental aries. They need funding to continue to serve This measure contains a private-sector shelf facilities may, in some cases, improve our country. mandate as defined in Unfunded Mandate Re- safety on the outer continental shelf. The Coast Guard relies on their port part- form Act (UMRA). The bill would require oper- In the event of a major casualty to an off- ners to act as both their eyes and ears on the ators to locate a standby vessel within 3 nau- shore installation, the immediate presence of a water. With an average of 350 daily tow move- tical miles of offshore oil and gas facilities properly designed and equipped standby ves- ments in the Houston Ship Channel and more when certain activities are being performed sel, manned by a specially trained crew, might than 100 waterfront facilities with a vigilant se- and within 12 nautical miles of facilities at all in some cases increase the chances of sur- curity presence, marine industry stakeholders other times. The cost of that mandate would vival of the installation’s crew members. We are well positioned to recognize when things depend on several factors. The bill would must not, however, forget the fact that histori- are out of the ordinary and serve as a valu- allow operators to share one standby vessel cally the main cause of rig and platform aban- able resource by diligently reporting breaches among multiple facilities and to use standby donment has been due to severe weather. Un- of security and suspicious activity. We also re- vessels for other purposes. For operators that less these standby vessels are designed to

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00017 Fmt 0636 Sfmt 9920 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7352 CONGRESSIONAL RECORD — HOUSE November 4, 2011 withstand those severe conditions, requiring Sec. 303. National security cutters. ability Trust Fund to carry out the purposes of them to remain on scene could place the ves- Sec. 304. Major acquisitions report. section 1012(a)(5) of the Oil Pollution Act of sels and their crews in jeopardy. In addition, it Sec. 305. Environmental compliance and res- 1990. toration backlog. (3) For the Coast Guard Reserve program, in- is severely risky to board a standby vessel in Sec. 306. Coast Guard auxiliarist enrollment eli- cluding personnel and training costs, equip- severe weather conditions. For these reasons gibility. ment, and services— I would support a feasibility study to determine Sec. 307. Decommissionings. (A) $136,778,000 for fiscal year 2012; the effectiveness of using standby vessels for Sec. 308. Assessment of needs for additional (B) $138,111,000 for fiscal year 2013; and manned stations. coast guard presence in high lati- (C) $139,311,000 for fiscal year 2014. In addition, I support the amendment offered tude regions. (4) For environmental compliance and restora- tion of Coast Guard vessels, aircraft, and facili- by Representative THOMPSON that would add Sec. 309. Limitation on expenditures. ties (other than parts and equipment associated a new section to the end of Title II in the bill Sec. 310. Restriction on the use of aircraft. TITLE IV—SHIPPING AND NAVIGATION with operation and maintenance)— to open admissions to the U.S. Coast Guard (A) $16,699,000 for fiscal year 2012; Academy to eligible candidates nominated by Sec. 401. Committee on the Marine Transpor- (B) $16,699,000 for fiscal year 2013; and Congress. tation System. (C) $16,700,000 for fiscal year 2014; Sec. 402. Report on determinations. Specifically, the amendment would require Sec. 403. Dockside examinations. to remain available until expended. (5) To the Commandant of the Coast Guard the U.S. Coast Guard to ensure that, begin- Sec. 404. Recourse for noncitizens. ning in academic year 2014, half of the incom- Sec. 405. Maritime liens on fishing permits. for research, development, test, and evaluation ing class is composed of eligible candidates Sec. 406. Short sea transportation. of technologies, materials, and human factors directly related to improving the performance of nominated by the Vice President or, if there is Sec. 407. Mission of the Maritime Administra- tion. the Coast Guard’s mission in search and rescue, no Vice President, by the President pro tem- aids to navigation, marine safety, marine envi- pore of the Senate; Senators; Representa- Sec. 408. Limitation on liability for non-Federal vessel traffic service operators. ronmental protection, enforcement of laws and tives; and Delegates to the House of Rep- treaties, ice operations, oceanographic research, resentatives. This will help to ensure that the TITLE V—FEDERAL MARITIME and defense readiness— COMMISSION Coast Guard has an even more diverse pool (A) $19,779,000 for fiscal year 2012; of candidate from across the United States. Sec. 501. Authorization of appropriations. (B) $19,848,000 for fiscal year 2013; and The Coast Guard has a proud legacy and TITLE VI—MISCELLANEOUS (C) $19,913,000 for fiscal year 2014; their role in our national strategy is vital to Sec. 601. Technical corrections. of which $650,000 for each of the fiscal years Sec. 602. Report on Coast Guard merchant mar- 2012, 2013, and 2014 shall be derived from the Oil keep our homeland secure. The safety and Spill Liability Trust Fund to carry out the pur- security of our nations and its citizens must be iner medical evaluation program. Sec. 603. Notice of arrival. poses of section 1012(a)(5) of the Oil Pollution our highest priority, despite difficult economic Sec. 604. Technical corrections to title 14. Act of 1990. circumstances. We need to make sure the Sec. 605. Distant water tuna fleet. SEC. 102. AUTHORIZED LEVELS OF MILITARY Coast Guard is fully funded, and have the re- Sec. 606. Waivers. STRENGTH AND TRAINING. sources they need. Sec. 607. Report on options to improve integra- (a) ACTIVE DUTY STRENGTH.—The Coast The CHAIR. All time for general de- tion of U.S. Coast Guard and Ca- Guard is authorized an end-of-year strength for bate has expired. nadian Coast Guard Great Lakes active duty personnel of 47,000 for each of the Pursuant to the rule, the bill shall be icebreaking operational informa- fiscal years 2012 through fiscal year 2014. (b) MILITARY TRAINING STUDENT LOADS.—The considered for amendment under the 5- tion. Sec. 608. Standby vessels. Coast Guard is authorized average military minute rule. Sec. 609. Cap on penalty wages. training student loads for the each of the fiscal In lieu of the amendment in the na- Sec. 610. Report on impediments to the U.S.-flag years 2012 through fiscal year 2014 as follows: ture of a substitute printed in the bill, registry. (1) For recruit and special training, 2,500 stu- it shall be in order to consider as an Sec. 611. Report on drug interdiction in the dent years. original bill for the purpose of amend- Caribbean basin. (2) For flight training, 165 student years. (3) For professional training in military and ment under the 5-minute rule an TITLE VII—COMMERCIAL VESSEL civilian institutions, 350 student years. DISCHARGES REFORM amendment in the nature of a sub- (4) For officer acquisition, 1,200 student years. stitute consisting of the text of the Sec. 701. Short title. TITLE II—COAST GUARD AND Sec. 702. Discharges from commercial vessels. Rules Committee Print dated October SERVICEMEMBER PARITY 28, 2011. That amendment in the nature Sec. 703. Discharges incidental to the normal operation of a covered vessel. SEC. 201. ACADEMY EMOLUMENTS. of a substitute shall be considered read. Section 195 of title 14, United States Code, is The text of the amendment in the na- Sec. 704. Conforming and technical amend- ments. amended— ture of a substitute is as follows: Sec. 705. Regulation of ballast water and inci- (1) in subsection (c)— H.R. 2838 dental discharges from a commer- (A) in the first sentence— SECTION 1. SHORT TITLE. cial vessel. (i) by striking ‘‘person’’ and inserting ‘‘for- (a) SHORT TITLE.—This Act may be cited as Sec. 706. Nonindigenous Aquatic Nuisance Pre- eign national’’; and the ‘‘Coast Guard and Maritime Transportation vention and Control Act of 1990. (ii) by striking ‘‘pay and allowances,’’ and in- serting ‘‘pay, allowances, and emoluments,’’; Act of 2011’’. TITLE I—AUTHORIZATION (b) TABLE OF CONTENTS.—The table of con- and SEC. 101. AUTHORIZATION OF APPROPRIATIONS. tents for this Act is as follows: (B) in the second sentence— Funds are authorized to be appropriated for (i) by striking ‘‘A person’’ and inserting ‘‘A Sec. 1. Short title. each of the fiscal years 2012, 2013, and 2014 for foreign national’’; and TITLE I—AUTHORIZATION necessary expenses of the Coast Guard as fol- (ii) by striking ‘‘pay and allowances,’’ and in- Sec. 101. Authorization of appropriations. lows: serting ‘‘pay, allowances, and emoluments,’’; Sec. 102. Authorized levels of military strength (1) For the operation and maintenance of the and and training. Coast Guard— (2) in subsection (d), by striking ‘‘A person’’ TITLE II—COAST GUARD AND (A) $6,819,505,000 for fiscal year 2012; and inserting ‘‘A foreign national’’. SERVICEMEMBER PARITY (B) $6,922,645,000 for fiscal year 2013; and SEC. 202. POLICY ON SEXUAL HARASSMENT AND Sec. 201. Academy emoluments. (C) $7,018,499,000 for fiscal year 2014; SEXUAL VIOLENCE. Sec. 202. Policy on sexual harassment and sex- of which $24,500,000 is authorized for each of (a) POLICY REQUIREMENT.—Chapter 9 of title ual violence. the fiscal years 2012, 2013, and 2014 to be derived 14, United States Code, is amended by adding at Sec. 203. Appointments of permanent commis- from the Oil Spill Liability Trust Fund to carry the end the following: sioned officers. out the purposes of section 1012(a)(5) of the Oil ‘‘§ 200. Policy on sexual harassment and sex- Sec. 204. Minor construction. Pollution Act of 1990 (33 U.S.C. 2712(a)(5)). ual violence Sec. 205. Treatment of reports of aircraft acci- (2) For the acquisition, construction, rebuild- ‘‘(a) REQUIRED POLICY.—The Commandant dent investigations. ing, and improvement of aids to navigation, shall direct the Superintendent of the Coast Sec. 206. Acquisition workforce expedited hiring shore and offshore facilities, vessels, and air- Guard Academy to prescribe a policy on sexual authority. craft, including related equipment thereto— harassment and sexual violence applicable to Sec. 207. Coast Guard housing report. (A) $1,503,980,000 for fiscal year 2012; the cadets and other personnel of the Coast Sec. 208. Advance procurement funding. (B) $1,505,312,000 for fiscal year 2013; and Guard Academy. TITLE III—COAST GUARD REFORM (C) $1,506,549,000 for fiscal year 2014; ‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.— Sec. 301. Repeals. to remain available until expended, of which The policy on sexual harassment and sexual vi- Sec. 302. Interference with Coast Guard trans- $20,000,000 for each of the fiscal years 2012, 2013, olence prescribed under this section shall in- missions. and 2014 shall be derived from the Oil Spill Li- clude specification of the following:

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00018 Fmt 0636 Sfmt 6333 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7353 ‘‘(1) Programs to promote awareness of the in- ‘‘(C) A plan for the actions that are to be report of the investigation shall be treated in ac- cidence of rape, acquaintance rape, and other taken in the following Academy program year cordance with this section. sexual offenses of a criminal nature that involve regarding prevention of and response to sexual ‘‘(b) PUBLIC DISCLOSURE OF CERTAIN ACCI- cadets or other Academy personnel. harassment and sexual violence involving cadets DENT INVESTIGATION INFORMATION.— ‘‘(2) Procedures that a cadet should follow in or other Academy personnel. ‘‘(1) Subject to paragraph (2), the Com- the case of an occurrence of sexual harassment ‘‘(3) Each report under paragraph (1) for an mandant, upon request, shall publicly disclose or sexual violence, including— Academy program year that begins in an odd- unclassified tapes, scientific reports, and other ‘‘(A) if the cadet chooses to report an occur- numbered calendar year shall include the re- factual information pertinent to an aircraft ac- rence of sexual harassment or sexual violence, a sults of the survey conducted in that program cident investigation. specification of the person or persons to whom year under subsection (c)(2). ‘‘(2) The Commandant shall not disclose the the alleged offense should be reported and the ‘‘(4)(A) The Commandant shall transmit to the information requested in paragraph (1) unless options for confidential reporting; Board of Visitors of the Academy each report re- the Commandant determines— ‘‘(B) a specification of any other person whom ceived by the Commandant under this sub- ‘‘(A) that such tapes, reports, or other infor- the victim should contact; and section, together with the Commandant’s com- mation would be included within and releasable ‘‘(C) procedures on the preservation of evi- ments on the report. with the final accident investigation report; and dence potentially necessary for proof of criminal ‘‘(B) The Commandant shall transmit each ‘‘(B) that release of such tapes, reports, or sexual assault. such report, together with the Commandant’s other information— ‘‘(3) Procedures for disciplinary action in comments on the report, to the Committee on ‘‘(i) would not undermine the ability of acci- cases of alleged criminal sexual assault involv- Commerce, Science, and Transportation of the dent or safety investigators to continue to con- ing a cadet or other Academy personnel. Senate and the Committee on Transportation duct the investigation; and ‘‘(4) Any other sanction authorized to be im- and Infrastructure of the House of Representa- ‘‘(ii) would not compromise national security. posed in a substantiated case of sexual harass- tives.’’. ‘‘(3) A disclosure under paragraph (1) may not ment or sexual violence involving a cadet or (b) CONFORMING REPEAL.—Section 217 of the be made by or through officials with responsi- other Academy personnel in rape, acquaintance Coast Guard Authorization Act of 2010 (14 bility for, or who are conducting, a safety inves- rape, or any other criminal sexual offense, U.S.C. 93 note), and the item relating to such tigation with respect to the accident. whether forcible or nonforcible. section in the table of contents in section 1(b) of ‘‘(c) OPINIONS REGARDING CAUSATION OF ACCI- ‘‘(5) Required training on the policy for all ca- such Act, are repealed. DENT.—Following an aircraft accident referred dets and other Academy personnel, including (c) TECHNICAL AND CLERICAL AMENDMENTS.— to in subsection (a)— the specific training required for personnel who The analysis at the beginning of such chapter is ‘‘(1) if the evidence surrounding the accident process allegations of sexual harassment or sex- amended by adding at the end the following: is sufficient for the investigators who conduct ual violence involving Academy personnel. the accident investigation to come to an opinion ‘‘(c) ANNUAL ASSESSMENT.— ‘‘200. Policy on sexual harassment and sexual ‘‘(1) The Commandant shall direct the Super- violence.’’. as to the cause or causes of the accident, the intendent of the Academy to conduct at the final report of the accident investigation shall SEC. 203. APPOINTMENTS OF PERMANENT COM- set forth the opinion of the investigators as to Academy during each Academy program year an MISSIONED OFFICERS. the cause or causes of the accident; and assessment to determine the effectiveness of the Section 211 of title 14, United States Code, is ‘‘(2) if the evidence surrounding the accident policies, training, and procedures of the Acad- amended by adding at the end the following: is not sufficient for the investigators to come to emy with respect to sexual harassment and sex- ‘‘(d) For the purposes of this section, the term an opinion as to the cause or causes of the acci- ual violence involving Academy personnel. ‘original’, with respect to the appointment of a dent, the final report of the accident investiga- ‘‘(2) For the assessment at the Academy under member of the Coast Guard refers to that mem- tion shall include a description of those factors, paragraph (1) with respect to an Academy pro- ber’s most recent appointment in the Coast if any, that, in the opinion of the investigators, gram year that begins in an odd-numbered cal- Guard that is neither a promotion nor a demo- substantially contributed to or caused the acci- endar year, the Superintendent shall conduct a tion.’’. dent. survey of Academy personnel— SEC. 204. MINOR CONSTRUCTION. ‘‘(A) to measure— ‘‘(d) USE OF INFORMATION IN CIVIL PRO- (a) IN GENERAL.—Section 656 of title 14, ‘‘(i) the incidence, during that program year, CEEDINGS.—For purposes of any civil or criminal United States Code, is amended by adding at the of sexual harassment and sexual violence proceeding arising from an aircraft accident re- end the following: events, on or off the Academy reservation, that ferred to in subsection (a), any opinion of the ‘‘(d) MINOR CONSTRUCTION AND IMPROVE- have been reported to officials of the Academy; accident investigators as to the cause of, or the MENT.— and factors contributing to, the accident set forth in ‘‘(ii) the incidence, during that program year, ‘‘(1) Subject to the reporting requirements set the accident investigation report may not be of sexual harassment and sexual violence forth in paragraph (2), the Secretary may ex- considered as evidence in such proceeding, nor events, on or off the Academy reservation, that pend not more than $1,500,000 from amounts may such report be considered an admission of have not been reported to officials of the Acad- available for the operating expenses of the Coast liability by the United States or by any person emy; and Guard for minor construction and improvement referred to in such report. ‘‘(B) to assess the perceptions of Academy per- projects at any location. ‘‘(e) REGULATIONS.—The Commandant shall sonnel of— ‘‘(2) No later than 90 days after the end of prescribe regulations to carry out this section. ‘‘(i) the policies, training, and procedures on each fiscal year, the Secretary shall submit, to ‘‘(f) DEFINITIONS.—For purposes of this sec- sexual harassment and sexual violence involving the Committee on Commerce, Science, and tion— Academy personnel; Transportation of the Senate and the Committee ‘‘(1) the term ‘accident investigation’ means ‘‘(ii) the enforcement of such policies; on Transportation and Infrastructure of the any form of investigation by Coast Guard per- ‘‘(iii) the incidence of sexual harassment and House of Representatives, a report on each sonnel of an aircraft accident referred to in sub- sexual violence involving Academy personnel; project undertaken during the course of the pre- section (a), other than a safety investigation; and ceding fiscal year, for which the amount ex- and ‘‘(iv) any other issues relating to sexual har- pended under paragraph (1) exceeded $500,000.’’. ‘‘(2) the term ‘safety investigation’ means an assment and sexual violence involving Academy (b) CLERICAL AMENDMENT.— investigation by Coast Guard personnel of an personnel. (1) Section 656 of title 14, United States Code, aircraft accident referred to in subsection (a), ‘‘(d) ANNUAL REPORT.— is further amended in the heading by adding at that is conducted solely to determine the cause ‘‘(1) The Commandant shall direct the Super- the end the following: ‘‘; use of moneys appro- of the accident and to obtain information that intendent of the Academy to submit to the Com- priated for operating expenses for minor con- may prevent the occurrence of similar acci- mandant a report on sexual harassment and struction and improvement’’. dents.’’. sexual violence involving cadets or other per- (2) The analysis at the beginning of chapter (b) CLERICAL AMENDMENT.—The analysis at sonnel at the Academy for each Academy pro- 17 of such title is amended in the item relating the beginning of such chapter is amended by gram year. to section 656 by striking ‘‘waters.’’ and insert- adding at the end the following: ‘‘(2) Each report under paragraph (1) shall in- ing ‘‘waters; use of moneys appropriated for op- ‘‘678. Treatment of reports of aircraft accident clude, for the Academy program year covered by erating expenses for minor construction and im- investigations.’’. the report, the following: provement.’’. ‘‘(A) The number of sexual assaults, rapes, SEC. 206. ACQUISITION WORKFORCE EXPEDITED SEC. 205. TREATMENT OF REPORTS OF AIRCRAFT HIRING AUTHORITY. and other sexual offenses involving cadets or ACCIDENT INVESTIGATIONS. other Academy personnel that have been re- Section 404 of the Coast Guard Authorization (a) IN GENERAL.—Chapter 17 of title 14, Act of 2010 (Public Law 111–281; 124 Stat. 2950) ported to Academy officials during the program United States Code, is amended by adding at the is amended— year and, of those reported cases, the number end the following: that have been substantiated. (1) in subsection (a)(1), by striking ‘‘as short- ‘‘(B) The policies, procedures, and processes ‘‘§ 678. Treatment of reports of aircraft acci- age category positions;’’ and inserting ‘‘as posi- implemented by the Commandant and the lead- dent investigations tions for which there exists a shortage of can- ership of the Academy in response to sexual ‘‘(a) IN GENERAL.—Whenever the Com- didates or there is a critical hiring need;’’; and harassment and sexual violence involving cadets mandant conducts an accident investigation of (2) in subsection (b)— or other Academy personnel during the program an accident involving an aircraft under the ju- (A) by striking ‘‘paragraph’’ and inserting year. risdiction of the Commandant, the records and ‘‘section’’; and

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00019 Fmt 0636 Sfmt 6333 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7354 CONGRESSIONAL RECORD — HOUSE November 4, 2011 (B) by striking ‘‘2012.’’ and inserting ‘‘2015.’’. broadcast or reception of a radio, microwave, or ‘‘(B) any changes to the costs of new assets SEC. 207. COAST GUARD HOUSING REPORT. other signal (including a signal from a global and legacy assets for that fiscal year, future fis- In conjunction with the transmittal by the positioning system) transmitted, retransmitted, cal years, or the total acquisition cost; President of the budget of the United States for or augmented by the Coast Guard for the pur- ‘‘(5) a justification for how any change to fiscal year 2013, the Commandant of the Coast pose of maritime safety is— such program fulfills the mission needs and per- Guard shall submit to the Committee on Com- ‘‘(1) guilty of a class E felony; and formance goals of the Coast Guard; merce, Science, and Transportation of the Sen- ‘‘(2) subject to civil penalty of not more than ‘‘(6) a description of how the Coast Guard is ate and the Committee on Transportation and $1,000 per day for each violation.’’. planning for the integration of each new asset Infrastructure of the House of Representatives a SEC. 303. NATIONAL SECURITY CUTTERS. acquired under such program into the Coast report on the status of Coast Guard servicemem- (a) IN GENERAL.—Subchapter I of chapter 15 Guard, including needs related to shore-based ber housing, including— of title 14, United States Code is amended by infrastructure and human resources; (1) a statement of the Coast Guard’s housing adding at the end the following new section: ‘‘(7) an identification of how funds in that fis- needs requirements; ‘‘§ 569a. National security cutters cal year’s budget request will be allocated, in- cluding information on the purchase of specific (2) an assessment of the condition of the Coast ‘‘(a) SIXTH NATIONAL SECURITY CUTTER.—The assets; Guard’s current housing inventory, including Commandant may not begin production of a ‘‘(8) a projection of the remaining operational both leased and owned property; sixth national security cutter on any date before lifespan and lifecycle cost of each legacy asset (3) an assessment of housing available for which the Commandant— that also identifies any anticipated resource Coast Guard use from surrounding communities ‘‘(1) has acquired a sufficient number of Long gaps; and other government agencies for all duty sta- Range Interceptor II and Cutter Boat Over the ‘‘(9) a detailed explanation of how the costs of tions; Horizon IV small boats for each of the first three the legacy assets are being accounted for within (4) a list of housing capacity shortfalls and national security cutters and has submitted to excess; and such program; the Committee on Commerce, Science, and ‘‘(10) an annual performance comparison of (5) a revised prioritized list of housing mainte- Transportation of the Senate and the Committee nance and recapitalization projects. new assets to legacy assets; and on Transportation and Infrastructure of the ‘‘(11) an identification of the scope of the an- SEC. 208. ADVANCE PROCUREMENT FUNDING. House of Representatives a plan to provide such ticipated acquisitions workload for the next fis- (a) IN GENERAL.—Subchapter II of chapter 15 boats upon the date of delivery of each subse- cal year; the number of officers, members, and of title 14, United States Code, is amended by quent national security cutter; employees of the Coast Guard currently as- ‘‘(2) has achieved the goal of 225 days away adding at the end the following: signed to positions in the acquisition workforce; from homeport for each of the first two national ‘‘§ 577. Advance procurement funding and a determination on the adequacy of the security cutters; and current acquisition workforce to meet that an- ‘‘With respect to any Coast Guard vessel for ‘‘(3) has submitted to the Committee on Com- ticipated workload, including the specific posi- which amounts are appropriated or otherwise merce, Science, and Transportation of the Sen- tions that are or will be understaffed, and ac- made available for vessels for the Coast Guard ate and the Committee on Transportation and tions that will be taken to correct such under- in any fiscal year, the Commandant, subject to Infrastructure of the House of Representatives a staffing. section 569a, may enter into a contract or place program execution plan detailing increased aer- ‘‘(c) CUTTERS NOT MAINTAINED IN CLASS.— an order, in advance of a contract or order for ial coverage to support national security cutter Each report under subsection (a) shall identify construction of a vessel, for— operations. which, if any, Coast Guard cutters that have ‘‘(1) materials, parts, components, and labor ‘‘(b) SEVENTH NATIONAL SECURITY CUTTER.— been issued a certificate of classification by the for the vessel; The Commandant may not begin production of American Bureau of Shipping have not been ‘‘(2) the advance construction of parts or com- a seventh national security cutter on any date maintained in class with an explanation detail- ponents for the vessel; before which the Commandant has selected an ing the reasons why they have not been main- ‘‘(3) protection and storage of materials, parts, offshore patrol cutter that meets at least the tained in class. or components for the vessel; and minimum operational requirements set out in the ‘‘(d) DEFINITION.—For the purposes of this ‘‘(4) production planning, design, and other Operational Requirements Document approved section, the term ‘major acquisition program’ related support services that reduce the overall by the department in which the Coast Guard is means an ongoing acquisition undertaken by procurement lead time of the vessel.’’. operating on October 20, 2010.’’. the Coast Guard with a life-cycle cost estimate (b) CLERICAL AMENDMENT.—The analysis at (b) CLERICAL AMENDMENT.—The analysis at the beginning of such chapter is amended by the beginning of such chapter is amended by greater than or equal to $300,000,000.’’. (b) CLERICAL AMENDMENT.—The analysis at adding at the end of the items relating to such adding at the end of the items relating to such the beginning of such chapter is further amend- subchapter the following: subchapter the following: ‘‘577. Advance procurement funding.’’. ed by adding at the end of the items relating to ‘‘569a. National security cutters.’’. such subchapter the following: TITLE III—COAST GUARD REFORM SEC. 304. MAJOR ACQUISITIONS REPORT. ‘‘569b. Major acquisitions report.’’. SEC. 301. REPEALS. (a) IN GENERAL.—Subchapter I of chapter 15 (c) REPEAL.— (a) DISTRICT OMBUDSMAN.—Section 55 of title of title 14, United States Code, is further amend- (1) Section 408 of the Coast Guard and Mari- 14, United States Code, and the item relating to ed by adding at the end the following: time Transportation Act of 2006 (120 Stat. 537) is such section in the analysis for chapter 3 of ‘‘§ 569b. Major acquisitions report amended by striking subsection (a). such title, are repealed. ‘‘(a) MAJOR ACQUISITION PROGRAMS IMPLE- (2) Title 14, United States Code, is amended— (b) FAA AIR AIDS TO NAVIGATION.—Section 82 MENTATION REPORT.—In conjunction with the (A) in section 562, by striking subsection (e) of title 14, United States Code, and the item re- transmittal by the President of the budget of the and redesignating subsections (f) and (g) as sub- lating to such section in the analysis for chapter United States for fiscal year 2013 and every two sections (e) and (f), respectively; and 5 of such title, are repealed. fiscal years thereafter, the Secretary shall sub- (B) in section 573(c)(3), by striking subpara- (c) OCEAN STATIONS.—Section 90 of title 14, mit to the Committee on Commerce, Science, and graph (B). United States Code, and the item relating to Transportation of the Senate and the Committee SEC. 305. ENVIRONMENTAL COMPLIANCE AND such section in the analysis for chapter 5 of on Transportation and Infrastructure of the RESTORATION BACKLOG. such title, are repealed. House of Representatives a report on the status (a) IN GENERAL.—Section 693 of title 14, (d) DETAIL OF MEMBERS TO ASSIST FOREIGN of all major acquisition programs. United States Code, is amended to read as fol- GOVERNMENTS.—Section 149(a) of title 14, ‘‘(b) INFORMATION TO BE INCLUDED.—The re- lows: United States Code, is amended by striking the port shall include for each major acquisition ‘‘§ 693. Annual report to Congress second and third sentences. program— (e) ADVISORY COMMITTEE.—Section 193 of title ‘‘(1) a statement of Coast Guard’s mission ‘‘The Commandant of the Coast Guard shall 14, United States Code, and the item relating to needs and performance goals for such program, submit to the Committee on Transportation and such section in the analysis for chapter 9 of including a justification for any change to those Infrastructure of the House of Representatives such title, are repealed. needs and goals from any report previously sub- and the Committee on Commerce, Science, and (f) HISTORY FELLOWSHIPS.—Section 198 of title mitted under this subsection; Transportation of the Senate the prioritized list 14, United States Code, and the item relating to ‘‘(2) a justification for how the projected num- of projects eligible for environmental compliance such section in the analysis for chapter 9 of ber and capabilities of each planned acquisition and restoration funding for each fiscal year such title, are repealed. program asset meets those mission needs and concurrent with the President’s budget submis- (g) ACQUISITION AWARDS.—Section 563 of title performance goals; sion for that fiscal year.’’. 14, United States Code, and the item relating to ‘‘(3) an identification of any and all mission (b) CLERICAL AMENDMENT.—The analysis for such section in the analysis for chapter 15 of hour gaps, accompanied by an explanation on chapter 19 of such title is amended by striking such title, are repealed. how and when the Coast Guard will close those the item for such section and inserting the fol- SEC. 302. INTERFERENCE WITH COAST GUARD gaps; lowing: TRANSMISSIONS. ‘‘(4) an identification of any changes to such ‘‘693. Annual report to Congress.’’. Section 88 of title 14, United States Code, is program, including— SEC. 306. COAST GUARD AUXILIARIST ENROLL- amended by adding the following: ‘‘(A) any changes to the timeline for the ac- MENT ELIGIBILITY. ‘‘(e) An individual who knowingly and will- quisition of each new asset and the phase out of Section 823 of title 14, United States Code, is fully operates a device that interferes with the legacy assets; and amended by striking ‘‘citizens of the United

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00020 Fmt 0636 Sfmt 6333 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7355 States and its territories and possessions,’’ and TITLE IV—SHIPPING AND NAVIGATION ed by inserting after the item relating to section inserting ‘‘nationals of the United States (as SEC. 401. COMMITTEE ON THE MARINE TRANS- 55501 the following: such term is defined in section 101(a)(22) of the PORTATION SYSTEM. ‘‘55502. Committee on the Marine Transpor- Immigration and Nationality Act (8 U.S.C. (a) IN GENERAL.—Chapter 555 of title 46, tation System.’’. 1101(a)(22)) and aliens lawfully admitted for United States Code, is amended by adding at the SEC. 402. REPORT ON DETERMINATIONS. permanent residence (as such term is defined in end the following: Not later than 180 days after the date of en- section 101(a)(20) of such Act (8 U.S.C. 1101 ‘‘§ 55502. Committee on the Marine Transpor- actment of this Act, the Secretary of the depart- (a)(20))),’’. tation System ment in which the Coast Guard is operating SEC. 307. DECOMMISSIONINGS. ‘‘(a) ESTABLISHMENT.—There is established a shall provide to the Committee on Transpor- (a) POLAR SEA.—Not later than 6 months after Committee on the Marine Transportation System tation and Infrastructure of the House of Rep- the date of enactment of this Act, the Com- (in this section referred to as the ‘Committee’). resentatives and the Committee on Commerce, mandant of the Coast Guard shall decommission ‘‘(b) PURPOSE.—The Committee shall— Science, and Transportation of the Senate a re- the USCGC POLAR SEA (WAGB 11). ‘‘(1) assess the adequacy of the marine trans- port on— (b) POLAR STAR.—Not later than 3 years after portation system (including ports, waterways, (1) the loss of United States shipyard jobs and the date of enactment of this Act, the Com- channels, and their intermodal connections); industrial base expertise as a result of rebuild, mandant of the Coast Guard shall decommission ‘‘(2) develop and implement policies to pro- conversion, and double-hull work on United the USCGC POLAR STAR (WAGB 10). mote an efficient marine transportation system; States-flag vessels eligible to engage in the SEC. 308. ASSESSMENT OF NEEDS FOR ADDI- and coastwise trade being performed in foreign ship- TIONAL COAST GUARD PRESENCE IN ‘‘(3) coordinate policies among Federal agen- yards; HIGH LATITUDE REGIONS. cies to promote an efficient marine transpor- (2) enforcement of the Coast Guard’s foreign Not later than 60 days after the date of enact- tation system. rebuild determination regulations; and ment of this Act, the Secretary of the depart- ‘‘(c) MEMBERSHIP.— (3) recommendations for improving the trans- ment in which the Coast Guard is operating ‘‘(1) IN GENERAL.—The Committee shall consist parency in the Coast Guard’s foreign rebuild de- shall submit a report to the Committee on Com- of the Secretary of Transportation, the Sec- termination process. retary of Defense, the Secretary of Homeland merce, Science, and Transportation of the Sen- SEC. 403. DOCKSIDE EXAMINATIONS. Security, the Secretary of Commerce, the Sec- ate and the Committee on Transportation and (a) IN GENERAL.—Section 4502(f) of title 46, retary of the Treasury, the Secretary of State, Infrastructure of the House of Representatives United States Code, is amended— the Secretary of the Interior, the Secretary of assessing the need for additional Coast Guard (1) in paragraph (2) by striking ‘‘at least once Agriculture, the Attorney General, the Secretary prevention and response capability in the high every 2 years’’ and inserting ‘‘at least once of Labor, the Secretary of Energy, the Adminis- latitude regions. The assessment shall address every 5 years’’; trator of the Environmental Protection Agency, needs for all Coast Guard mission areas, includ- (2) by striking ‘‘and’’ after the semicolon at the Chairman of the Federal Maritime Commis- ing search and rescue, marine pollution re- the end of paragraph (1); sion, and the head of any other Federal agency sponse and prevention, fisheries enforcement, (3) by striking the period at the end of para- that the Committee Chair, with the approval of and maritime commerce. The Secretary shall in- graph (2) and inserting ‘‘; and’’; and clude in the report— a majority of the voting members of the Com- (4) by adding at the end the following: (1) an assessment of the high latitude oper- mittee, determines can further the purpose and ‘‘(3) shall complete the first examination of a ating capabilities of all current Coast Guard as- activities of the Committee. dockside vessel under this section no later than ‘‘(2) EX-OFFICIO MEMBERS.—The Committee sets other than icebreakers, including assets ac- October 15, 2015.’’. may also consist of so many nonvoting members quired under the Deepwater program; (b) DATABASE.—Section 4502(g)(4) of title 46, as the Committee Chair, with the approval of a (2) an assessment of projected needs for Coast United States Code, is amended by striking ‘‘a majority of the voting members of the Com- Guard operations in the high latitude regions; publicly accessible’’ and inserting ‘‘an’’. mittee, determines is appropriate to further the and purpose and activities of the Committee. SEC. 404. RECOURSE FOR NONCITIZENS. (3) an assessment of shore infrastructure, per- ‘‘(3) CHAIRMAN.—The Chair of the Committee Section 30104 of title 46, United States Code, is sonnel, logistics, communications, and resources shall rotate each year among the Secretary of amended— requirements to support Coast Guard operations Transportation, the Secretary of Defense, the (1) by inserting ‘‘(a) IN GENERAL.—’’ before in the high latitude regions, including forward Secretary of Homeland Security, and the Sec- the first sentence; and operating bases and existing infrastructure in retary of Commerce. The order of rotation shall (2) by adding at the end the following new the furthest north locations that are ice free, or be determined with the approval of a majority of subsection: nearly ice free, year round. the voting members of the Committee. ‘‘(b) RESTRICTION ON RECOVERY FOR NON- SEC. 309. LIMITATION ON EXPENDITURES. ‘‘(d) SUPPORT.— RESIDENT ALIENS EMPLOYED ON FOREIGN PAS- Section 149(d) of title 14, United States Code, ‘‘(1) COORDINATING BOARD.—Each member of SENGER VESSELS.—A claim for damages or ex- is amended by adding at the end the following: the Committee may select a senior level rep- penses relating to personal injury, illness, or ‘‘(3) The amount of funds used under this resentative to serve on a coordinating board death of a seaman who is a citizen of a foreign subsection may not exceed $100,000 in any fiscal which shall assist the Committee in carrying out nation, arising during or from the engagement year.’’. its purpose and activities. of the seaman by or for a passenger vessel duly registered under the laws of a foreign nation, SEC. 310. RESTRICTION ON THE USE OF AIR- ‘‘(2) EXECUTIVE DIRECTOR.—The Secretary of CRAFT. Transportation, in consultation with the Sec- may not be brought under the laws of the United States if— (a) RESTRICTION.—Except as provided in sub- retary of Defense, the Secretary of Homeland ‘‘(1) such seaman was not a permanent resi- section (b), the Secretary of the department in Security, and the Secretary of Commerce, shall dent alien of the United States at the time the which the Coast Guard is operating and the select an executive director to assist the Com- claim arose; Commandant of the Coast Guard may not travel mittee in carrying out its purpose and activities. ‘‘(2) the injury, illness, or death arose outside aboard any Coast Guard owned or operated ‘‘(e) MARINE TRANSPORTATION SYSTEM ASSESS- the territorial waters of the United States; and fixed-wing aircraft if the Secretary has not pro- MENT AND STRATEGY.—Not later than one year ‘‘(3) the seaman or the seaman’s personal rep- vided the Committee on Transportation and In- after the date of enactment of this Act and resentative has or had a right to seek compensa- frastructure of the House of Representatives and every 5 years thereafter, the Committee shall tion for the injury, illness, or death in, or under the Committee on Commerce, Science, and provide a report to Congress which includes— ‘‘(1) steps taken to implement actions rec- the laws of— Transportation of the Senate all of the fol- ommended in the July 2008 ‘National Strategy ‘‘(A) the nation in which the vessel was reg- lowing: for the Marine Transportation System: A istered at the time the claim arose; or (1) A cost-constrained Fleet Mix Analysis. Framework for Action’; ‘‘(B) the nation in which the seaman main- (2) The study of Coast Guard current and ‘‘(2) an assessment of the condition of the ma- tained citizenship or residency at the time the planned cutters conducted by the Office of Pro- rine transportation system; claim arose.’’. gram Analysis and Evaluation of the Depart- ‘‘(3) a discussion of the challenges the system ment of Homeland Security at the request of the SEC. 405. MARITIME LIENS ON FISHING PERMITS. faces in meeting user demand; (a) IN GENERAL.—Subchapter I of chapter 313 Office of Management and Budget. ‘‘(4) a plan with recommended actions for im- (b) EXCEPTION.—The Secretary and the Com- of title 46, United States Code, is amended by proving the marine transportation system to adding at the end the following: mandant may travel aboard a Coast Guard meet current and future challenges; and owned and operated fixed-wing aircraft— ‘‘(5) steps taken to implement actions rec- ‘‘§ 31310. Limitation on maritime liens on fish- (1) to respond to a major disaster or emer- ommended in previous reports required under ing permit and permit description gency declared under section 401 of the Robert this subsection. ‘‘(a) IN GENERAL.—This chapter— T. Stafford Disaster Relief and Emergency As- ‘‘(f) CONSULTATION.—In carrying out its pur- ‘‘(1) does not establish a maritime lien on a sistance Act (42 U.S.C. 5170); pose and activities, the Committee may consult permit that— (2) to respond to a discharge classified as a with the Marine Transportation System Na- ‘‘(A) authorizes a person or use of a vessel to spill of national significance under part 300.323 tional Advisory Council, interested parties, and engage in fishing; and of title 40, Code of Federal Regulations; or the public.’’. ‘‘(B) is issued under State or Federal law; and (3) for evacuation purposes including for a (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(2) does not authorize any civil action to en- medical emergency. tions at the beginning of such chapter is amend- force a maritime lien on such a permit.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00021 Fmt 0636 Sfmt 6333 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7356 CONGRESSIONAL RECORD — HOUSE November 4, 2011

‘‘(b) FISHING PERMIT DESCRIBED.—A fishing son acting in accordance with operational pro- Seafarers, 1978, that enter into force on January permit— cedures approved by the Coast Guard at such a 1, 2012, will require changes to the Coast ‘‘(1) is governed solely by the State or Federal non-Federal service, shall not be liable for dam- Guard’s merchant mariner medical evaluation law under which it was issued; and ages caused by or related to information, advice, program. ‘‘(2) is not included in the whole of a vessel or or communication assistance provided by such SEC. 603. NOTICE OF ARRIVAL. as an appurtenance or intangible of a vessel for entity or person while so operating or acting un- The regulations required under section 109(a) any purpose. less the acts or omissions of such entity or per- of Public Law 109–347 (33 U.S.C. 1223 note) on ‘‘(c) LIMITATION ON STATUTORY CONSTRUC- son constitute gross negligence or willful mis- notice of arrival for foreign vessels on the Outer TION.—Nothing in subsections (a) and (b) shall conduct.’’. Continental Shelf shall not apply to a vessel be construed as imposing any limitation upon (b) CLERICAL AMENDMENT.—The analysis at documented under section 12105 of title 46, the authority of the Secretary of Commerce to the beginning of chapter 23 of such title is United States Code, unless such vessel arrives modify, suspend, revoke, or sanction any Fed- amended by striking the item relating to section from a foreign port or place. eral fishery permit issued by the Secretary of 2307 and inserting the following: SEC. 604. TECHNICAL CORRECTIONS TO TITLE 14. Commerce or to bring a civil action to enforce ‘‘2307. Limitation on liability for Coast Guard Chapter 1 of title 14, United States Code, is such modification, suspension, revocation, or Vessel Traffic Service pilots and amended to read as follows: sanction.’’. non-Federal vessel traffic service ‘‘CHAPTER 1—ESTABLISHMENT AND (b) CLERICAL AMENDMENT.—The table of sec- operators.’’. DUTIES tions at the beginning of such chapter is amend- TITLE V—FEDERAL MARITIME ed by inserting after the item relating to section ‘‘Sec. COMMISSION ‘‘1. Establishment of Coast Guard. 31309 the following: SEC. 501. AUTHORIZATION OF APPROPRIATIONS. ‘‘2. Primary duties. ‘‘31310. Limitation on maritime liens on fishing ‘‘3. Department in which the Coast Guard oper- Section 501 of the Coast Guard and Maritime permit and permit description.’’. ates. Transportation Act of 2004 (Public Law 108–293; ‘‘4. Secretary defined. SEC. 406. SHORT SEA TRANSPORTATION. 118 Stat. 1049) is amended by striking ‘‘Commis- (a) PURPOSE OF PROGRAM AND PROJECTS; RE- sion—’’ and all that follows through the period ‘‘§ 1. Establishment of Coast Guard AUTHORIZATION; TERMINATION.—Section 55601 of at the end of the section and inserting ‘‘Commis- ‘‘The Coast Guard shall be a military service title 46, United States Code, is amended— sion for each of the fiscal years 2012 through and a branch of the armed forces of the United (1) in subsection (a), by striking ‘‘landside 2015, $24,000,000.’’. States at all times. congestion.’’ and inserting ‘‘landside congestion TITLE VI—MISCELLANEOUS ‘‘§ 2. Primary duties and to promote increased use of the navigable ‘‘The Coast Guard shall— waters of the United States for transportation of SEC. 601. TECHNICAL CORRECTIONS. ‘‘(1) enforce or assist in the enforcement of all passengers or freight (or both).’’; (a) TITLE 14.—Title 14, United States Code, is applicable Federal laws on, under, and over the (2) in subsection (c), by inserting ‘‘and to pro- amended— high seas and waters subject to the jurisdiction mote waterborne transportation between ports (1) in section 564, by striking subsection (d); of the United States; within the United States’’ after ‘‘coastal cor- and ‘‘(2) engage in maritime air surveillance or ridors’’; (2) in section 569(a), by striking ‘‘and annu- interdiction to enforce or assist in the enforce- (3) in subsection (d), by striking ‘‘that the ally thereafter,’’. ment of the laws of the United States; project may—’’ and all that follows through the (b) STUDY OF BRIDGES.—Section 905 of the ‘‘(3) administer laws and promulgate and en- end of the subsection and inserting ‘‘that the Coast Guard Authorization Act of 2010 (Public force regulations for the promotion of safety of project uses documented vessels and— Law 111–281; 124 Stat. 3012) is amended to read life and property on and under the high seas ‘‘(1) mitigates landside congestion; or as follows: and waters subject to the jurisdiction of the ‘‘(2) promotes waterborne transportation be- ‘‘SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE United States covering all matters not specifi- tween ports of the United States.’’; WATERS. cally delegated by law to some other executive (4) by striking subsection (f) and redesig- ‘‘The Commandant of the Coast Guard shall department; nating subsection (g) as subsection (f); submit to the Committee on Commerce, Science, ‘‘(4) develop, establish, maintain, and operate, (5) in subsection (f), as so redesignated, by and Transportation of the Senate and the Com- with due regard to the requirements of national adding at the end the following— mittee on Transportation and Infrastructure of defense, aids to maritime navigation, ice-break- ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— the House of Representatives a comprehensive ing facilities, and rescue facilities for the pro- There is authorized to be appropriated not more study on the construction or alteration of any motion of safety on, under, and over the high than $5,000,000 for each of the fiscal years 2012 bridge, drawbridge, or causeway over the navi- seas and waters subject to the jurisdiction of the through fiscal year 2017 for grants under this gable waters of the United States with a chan- United States; subsection.’’; and nel depth of 25 feet or greater that may impede ‘‘(5) pursuant to international agreements, de- (6) by adding at the end the following: or obstruct future navigation to or from port fa- velop, establish, maintain, and operate ‘‘(g) TERMINATION OF AUTHORITY.—Authority cilities, for which a permit under the Act of icebreaking facilities on, under, and over waters granted to the Secretary under this section shall March 23, 1906 (chapter 1130; 33 U.S.C. 491 et other than the high seas and waters subject to terminate September 30, 2017.’’. seq.), popularly known as the Bridge Act of the jurisdiction of the United States; (b) SHORT SEA TRANSPORTATION DEFINITION.— 1906, was requested on or after January 1, 2006 ‘‘(6) engage in oceanographic research of the Section 55605 of title 46, United States Code, is and on or before August 3, 2011.’’. high seas and in waters subject to the jurisdic- amended by striking ‘‘means the carriage by SEC. 602. REPORT ON COAST GUARD MERCHANT tion of the United States; and vessel of cargo—’’ and inserting ‘‘means the car- MARINER MEDICAL EVALUATION ‘‘(7) maintain a state of readiness to function riage of passengers or freight (or both) by a ves- PROGRAM. as a specialized service in the Navy in time of sel documented under the laws of the United (a) IN GENERAL.—Not later than 180 days war, including the fulfillment of Maritime De- States—’’. after the date of enactment of this Act, the Com- fense Zone command responsibilities. SEC. 407. MISSION OF THE MARITIME ADMINIS- mandant of the Coast Guard shall submit to the ‘‘§ 3. Department in which the Coast Guard TRATION. Committee on Transportation and Infrastruc- operates Section 109(a) of title 49, United States Code, ture of the House of Representatives and the ‘‘(a) The Coast Guard shall be a service in the is amended— Committee on Commerce, Science, and Transpor- Department of Homeland Security, except when (1) in the subsection heading by striking ‘‘OR- tation of the Senate a report on the Coast Guard operating as a service in the Navy. GANIZATION’’ and inserting ‘‘ORGANIZATION AND National Maritime Center’s merchant mariner ‘‘(b) Upon the declaration of war if Congress MISSION’’; and medical evaluation program and alternatives to so directs in the declaration or when the Presi- (2) by inserting at the end the following: ‘‘The the program. dent directs, the Coast Guard shall operate as a mission of the Maritime Administration is to fos- (b) CONTENTS.—The report required under service in the Navy, and shall so continue until ter, promote, and develop the domestic merchant subsection (a) shall include the following: the President, by Executive order, transfers the maritime industry of the United States.’’. (1) An overview of the adequacy of the pro- Coast Guard back to the Department of Home- SEC. 408. LIMITATION ON LIABILITY FOR NON- gram for making medical certification deter- land Security. While operating as a service in FEDERAL VESSEL TRAFFIC SERVICE minations for issuance of merchant mariners’ the Navy, the Coast Guard shall be subject to OPERATORS. documents. the orders of the Secretary of the Navy, who (a) IN GENERAL.—Section 2307 of title 46, (2) An analysis of how a system similar to the may order changes in Coast Guard operations to United States Code, is amended— Federal Motor Carrier Safety Administration’s render them uniform, to the extent such Sec- (1) by inserting ‘‘(a) COAST GUARD VESSEL National Registry of Certified Medical Exam- retary deems advisable, with Navy operations. TRAFFIC SERVICE PILOTS’’ before ‘‘Any pilot’’; iners program, and the Federal Aviation Admin- ‘‘(c) Whenever the Coast Guard operates as a and istration’s Designated Aviation Medical Exam- service in the Navy: (2) by adding at the end the following: iners program, could be applied by the Coast ‘‘(1) applicable appropriations of the Navy ‘‘(b) NON-FEDERAL VESSEL TRAFFIC SERVICE Guard to make medical fitness determinations Department shall be available for the expense of OPERATORS.—An entity operating a non-Federal for issuance of merchant mariners’ documents. the Coast Guard; vessel traffic information service or advisory (3) An explanation of how the amendments to ‘‘(2) applicable appropriations of the Coast service pursuant to a duly executed written the International Convention on Standards of Guard shall be available for transfer to the agreement with the Coast Guard, and any per- Training, Certification and Watchkeeping for Navy Department;

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00022 Fmt 0636 Sfmt 6333 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7357 ‘‘(3) precedence between commissioned officers pire on the date of the sale of the vessel by the ‘‘(2) use of a standby vessel for other pur- of corresponding grades in the Coast Guard and owner of the vessel on the date of enactment of poses.’’. the Navy shall be determined by the date of this Act to a person who is not related by own- (b) CLERICAL AMENDMENT.—The table of rank stated by their commissions in those ership or control to such owner. chapters at the beginning of such subtitle is grades; (c) OPERATION OF A DRY DOCK.—A vessel amended by adding at the end the following: ‘‘(4) personnel of the Coast Guard shall be eli- transported in Dry Dock #2 (State of Alaska ‘‘807. Standby vessels ...... 80701’’. gible to receive gratuities, medals, and other in- registration AIDEA FDD–2) is not merchandise (c) EFFECTIVE DATE.—The amendments made for purposes of section 55102 of title 46, United signia of honor on the same basis as personnel by this section shall take effect one year after States Code, if, during such transportation, Dry in the naval service or serving in any capacity the date of enactment of this Act. with the Navy; and Dock #2 remains connected by a utility or other (d) REGULATIONS.— ‘‘(5) the Secretary may place on furlough any connecting line to pierside moorage. (1) IN GENERAL.—The Secretary of the depart- officer of the Coast Guard and officers on fur- SEC. 607. REPORT ON OPTIONS TO IMPROVE IN- ment in which the Coast Guard is operating lough shall receive one half of the pay to which TEGRATION OF U.S. COAST GUARD may promulgate regulations to implement the they would be entitled if on leave of absence, AND CANADIAN COAST GUARD GREAT LAKES ICEBREAKING OPER- amendments made by this section. but officers of the Coast Guard Reserve shall not (2) EXISTING REGULATIONS.—Until such time be so placed on furlough. ATIONAL INFORMATION. Within 180 days after the date of enactment of as the Secretary promulgates regulations to im- ‘‘§ 4. Secretary defined this Act, the Commandant of the Coast Guard plement the amendments made by this section, ‘‘In this title, the term ‘Secretary’ means the shall report to the Committee on Commerce, the requirements of subpart E of part 143 of title Secretary of the respective department in which Science, and Transportation of the Senate and 33, Code of Federal Regulations, as in effect on the Coast Guard is operating.’’. the Committee on Transportation and Infra- the date of enactment of this Act, including the SEC. 605. DISTANT WATER TUNA FLEET. structure of the House of Representatives on op- requirements that must be met by a standby ves- Section 421 of the Coast Guard and Maritime tions to improve the integration of the Great sel, shall apply to standby vessels required Transportation Act of 2006 (Public Law 109–241; Lakes icebreaking operational information of under the amendments. 120 Stat. 548) is amended— the United States Coast Guard and Canadian SEC. 609. CAP ON PENALTY WAGES. (1) by striking subsection (b) and inserting the Coast Guard to improve the safety, economic se- (a) FOREIGN AND INTERCOASTAL VOYAGES.— following: curity, and efficiency of Great Lakes Section 10313(g) of title 46, United States Code, ‘‘(b) LICENSING RESTRICTIONS.— icebreaking activities of both services. is amended— ‘‘(1) IN GENERAL.—Subsection (a)(1) only ap- SEC. 608. STANDBY VESSELS. (1) in paragraph (2)— plies to a foreign citizen that holds a credential (a) IN GENERAL.—Subtitle VIII of title 46, (A) by striking ‘‘all claims in a class action that is equivalent to the credential issued by the United States Code, is amended by adding at the suit by seamen’’ and inserting ‘‘each claim by a Coast Guard to a United States citizen for the end thereof the following new chapter: seaman’’; and position, with respect to requirements for experi- ‘‘CHAPTER 807—STANDBY VESSELS (B) by striking ‘‘the seamen’’ and inserting ence, training, and other qualifications. ‘‘Sec. ‘‘the seaman’’; and ‘‘(2) TREATMENT OF LICENSE.—An equivalent ‘‘80701. Standby vessels. (2) in paragraph (3), by striking ‘‘class ac- credential under paragraph (1) shall be consid- tion’’. ‘‘§ 80701. Standby vessels ered as meeting the requirements of section 8304 (b) COASTWISE VOYAGES.—Section 10504(c) of of title 46, United States Code, but only while a ‘‘(a) IN GENERAL.—The owner or operator of a such title is amended— person holding the credential is in the service of manned facility, installation, unit, or vessel (1) in paragraph (2)— the vessel to which this section applies.’’; and shall locate a standby vessel— (A) by striking ‘‘all claims in a class action (2) in subsection (d) by striking ‘‘on December ‘‘(1) not more than 3 nautical miles from such suit by seamen’’ and inserting ‘‘each claim by a 31, 2012’’ and inserting ‘‘on the date the Treaty manned facility, installation, unit, or vessel seaman’’; and on Fisheries Between the Governments of Cer- while it is performing drilling, plugging, aban- (B) by striking ‘‘the seamen’’ and inserting tain Pacific Island States and the Government doning, or workover operations; and ‘‘the seaman’’; and ‘‘(2) not more than 12 nautical miles from such of the United States of America ceases to have (2) in paragraph (3), by striking ‘‘class ac- manned facility, installation, unit, or vessel effect for any party under Article 12.6 or 12.7 of tion’’. while it is performing operations other than such treaty, as in effect on the date of enact- SEC. 610. REPORT ON IMPEDIMENTS TO THE U.S.- drilling, plugging, abandoning, or workover op- ment of the Coast Guard and Maritime Trans- FLAG REGISTRY. erations. portation Act of 2011’’. (a) REPORT.—Not later than 180 days after the ‘‘(b) IMPROVED STANDBY VESSEL RESPONSE date of enactment of this Act, the Commandant SEC. 606. WAIVERS. TIME.— of the Coast Guard shall submit to the Com- (a) IN GENERAL.—Notwithstanding sections ‘‘(1) IN GENERAL.—A Coast Guard District 12112 and 12132 and chapter 551 of title 46, Commander may reduce the distances prescribed mittee on Transportation and Infrastructure of United States Code, the Secretary of the depart- in subsection (a) for the area of command of the the House of Representatives and the Committee ment in which the Coast Guard is operating District Commander if the District Commander on Commerce, Science, and Transportation of may issue a certificate of documentation with a determines the reduction is necessary to address the Senate a report on factors under the author- coastwise endorsement for each of the following delays in standby vessel response times caused ity of the Coast Guard that impact the ability of vessels: by inclement weather, high seas, or other condi- vessels documented in the United States to effec- (1) M/V GEYSIR (United States official num- tions that prolong standby vessel response time tively compete in international transportation ber 622178). or lessen the time survivors of an accident can markets. (2) MACY-RENEE (United States official remain in the water. (b) CONTENT.—The report shall include— number 1107319) ‘‘(2) APPROXIMATION OF NORMAL RESPONSE (1) a review of differences in Coast Guard (3) OCEAN VERITAS (IMO number 7366805). TIME.—Any reduction under paragraph (1) shall policies and regulations governing the inspec- (4) LUNA (United States official number be made to a distance that, in weather condi- tion of vessels documented in the United States 280133). tions necessitating the reduction, ensures that a and the policies and regulations of the Inter- (5) IL MORO DI VENEZIA IV (United States standby vessel’s response time approximates that national Maritime Organization governing the official number 1028654) of a standby vessel covering the distance pre- inspection of vessels not documented in the (b) DOCUMENTATION OF LNG TANKERS.— scribed in subsection (a) during normal weather United States; (1) IN GENERAL.—Notwithstanding sections conditions. (2) a statement on the impact such differences 12112 and 12132 and chapter 551 of title 46, ‘‘(3) PREVENTION OF HYPOTHERMIA.—Any re- have on operating costs for vessels documented United States Code, the Secretary of the depart- duction under paragraph (1) made due to water in the United States; and ment in which the Coast Guard is operating temperature or other factors that reduce the (3) recommendations on whether to harmonize may issue a certificate of documentation with a time survivors of an accident can remain in the any differences in the policies and regulations coastwise endorsement for each of the following water shall be made to a distance at which a governing inspection of vessels by the Coast vessels: standby vessel can be assumed to reach the sur- Guard and the International Maritime Organi- (A) LNG GEMINI (United States official num- vivor before the onset of hypothermia. zation. ber 595752). ‘‘(4) NOTICE TO OWNERS AND OPERATORS.—Be- (c) CONSULTATION.—In preparing the report, (B) LNG LEO (United States official number fore exercising the authority in paragraph (1), a the Commandant may consider the views of rep- 595753). District Commander shall provide 72 hours no- resentatives of the owners or operators of vessels (C) LNG VIRGO (United States official num- tice to the owners and operators of standby ves- documented in the United States and the orga- ber 595755). sels and owners and operators of manned facili- nizations representing the employees employed (2) LIMITATION ON OPERATION.—Coastwise ties, installations, units, and vessels operating on such vessels. trade authorized under paragraph (1) shall be in the District Commander’s area of command. SEC. 611. REPORT ON DRUG INTERDICTION IN limited to carriage of natural gas, as that term ‘‘(c) MULTIPLE PLATFORMS AND USES.—Noth- THE CARIBBEAN BASIN. is defined in section 3(13) of the Deepwater Port ing in this section shall be construed to pro- (a) REPORT.—Not later than 180 days after the Act of 1974 (33 U.S.C. 1502(13)). hibit— date of enactment of this Act, the Commandant (3) TERMINATION OF EFFECTIVENESS OF EN- ‘‘(1) use of one standby vessel for more than of the Coast Guard shall submit to the Com- DORSEMENTS.—The coastwise endorsement one manned facility, installation, unit, or ves- mittee on Transportation and Infrastructure of issued under paragraph (1) for a vessel shall ex- sel; or the House of Representatives and the Committee

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00023 Fmt 0636 Sfmt 6333 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7358 CONGRESSIONAL RECORD — HOUSE November 4, 2011 on Commerce, Science, and Transportation of tation on water, that is engaged in commercial ‘‘(A) changes its ballast water capacity by 15 the Senate a report on drug interdiction in the service (as defined under section 2101 of title 46, percent or more; or Caribbean basin. United States Code). ‘‘(B) prolongs the life of the commercial vessel (b) CONTENT.—The report shall include— ‘‘(8) CONSTRUCTED.—The term ‘constructed’ by 10 years or more, as determined by the Sec- (1) a statement of the Coast Guard mission re- means a state of construction of a commercial retary. quirements for drug interdiction in the Carib- vessel at which— ‘‘(13) MANUFACTURER.—The term ‘manufac- bean basin; ‘‘(A) the keel is laid; turer’ means a person engaged in the manufac- (2) the number of maritime surveillance hours ‘‘(B) construction identifiable with the spe- turing, assembling, or importation of a ballast and Coast Guard assets used in each of fiscal cific vessel begins; water treatment technology. years 2009 through 2011 to counter the illicit ‘‘(C) assembly of the vessel has begun com- ‘‘(14) NAVIGABLE WATERS.—The term ‘navi- trafficking of drugs and other related threats prising at least 50 tons or 1 percent of the esti- gable waters’ includes the exclusive economic throughout the Caribbean basin; and mated mass of all structural material of the ves- zone, as defined in section 107 of title 46, United (3) a determination of whether such hours sel, whichever is less; or States Code. and assets satisfied the Coast Guard mission re- ‘‘(D) the vessel commences a major conversion. ‘‘(15) NONINDIGENOUS SPECIES.—The term quirements for drug interdiction in the Carib- ‘‘(9) DISCHARGE INCIDENTAL TO THE NORMAL ‘nonindigenous species’ means a species or other bean basin. OPERATION OF A COMMERCIAL VESSEL.— viable biological material that enters an eco- TITLE VII—COMMERCIAL VESSEL ‘‘(A) IN GENERAL.—The term ‘discharge inci- system beyond its historic range. DISCHARGES REFORM dental to the normal operation of a commercial ‘‘(16) OWNER OR OPERATOR.—The term ‘owner vessel’ means— or operator’ means a person owning, operating, SEC. 701. SHORT TITLE. ‘‘(i) a discharge into navigable waters from a or chartering by demise a commercial vessel. This title may be cited as the ‘‘Commercial commercial vessel of— ‘‘(17) SECRETARY.—The term ‘Secretary’ means Vessel Discharges Reform Act of 2011’’. ‘‘(I)(aa) graywater (except graywater referred the Secretary of the department in which the SEC. 702. DISCHARGES FROM COMMERCIAL VES- to in section 312(a)(6)), bilge water, cooling Coast Guard is operating. SELS. water, oil water separator effluent, anti-fouling ‘‘(18) VESSEL GENERAL PERMIT.—The term Title III of the Federal Water Pollution Con- hull coating leachate, boiler or economizer blow- ‘Vessel General Permit’ means the Vessel Gen- trol Act (33 U.S.C. 1311 et seq.) is amended by down, byproducts from cathodic protection, con- eral Permit for Discharges Incidental to the Nor- adding at the end the following: trollable pitch propeller and thruster hydraulic mal Operation of Vessels issued by the Adminis- ‘‘SEC. 321. DISCHARGES FROM COMMERCIAL VES- fluid, distillation and reverse osmosis brine, ele- trator under section 402 for ballast water and SELS. vator pit effluent, firemain system effluent, other discharges incidental to the normal oper- ‘‘(a) DEFINITIONS.—In this section, the fol- freshwater layup effluent, gas turbine wash ation of vessels, as in effect on December 19, lowing definitions apply: water, motor gasoline and compensating efflu- 2008, for all jurisdictions except Alaska and Ha- ‘‘(1) AQUATIC NUISANCE SPECIES.—The term ent, refrigeration and air condensate effluent, waii, and February 6, 2009, for Alaska and Ha- ‘aquatic nuisance species’ means a nonindige- seawater pumping biofouling prevention sub- waii. nous species (including a pathogen) that threat- stances, boat engine wet exhaust, sonar dome ‘‘(b) GENERAL PROVISIONS.— ens the diversity or abundance of native species effluent, exhaust gas scrubber washwater, or ‘‘(1) BALLAST WATER DISCHARGE REQUIRE- or the ecological stability of navigable waters or stern tube packing gland effluent; or MENTS FOR COMMERCIAL VESSELS.—An owner or commercial, agricultural, aquacultural, or rec- ‘‘(bb) any other pollutant associated with the operator may discharge ballast water from a reational activities dependent on such waters. operation of a marine propulsion system, ship- commercial vessel into navigable waters only ‘‘(2) BALLAST WATER.— board maneuvering system, habitability system, if— ‘‘(A) IN GENERAL.—The term ‘ballast water’ or installed major equipment, or from a protec- ‘‘(A) the discharge— means any water (including any sediment sus- tive, preservative, or absorptive application to ‘‘(i) meets the ballast water performance pended in such water) taken aboard a commer- the hull of a commercial vessel; standard; cial vessel— ‘‘(II) weather deck runoff, deck wash, aque- ‘‘(ii) is made pursuant to the safety exemption ‘‘(i) to control trim, list, draught, stability, or ous film forming foam effluent, chain locker ef- established by subsection (c)(2); stresses of the vessel; or fluent, non-oily machinery wastewater, under- ‘‘(iii) meets the requirements of an alternative ‘‘(ii) during the cleaning, maintenance, or water ship husbandry effluent, welldeck efflu- method of compliance established for the com- other operation of a ballast water treatment sys- ent, or fish hold and fish hold cleaning effluent; mercial vessel under subsection (f); or tem of the vessel. or ‘‘(iv) is made pursuant to a determination ‘‘(B) EXCLUSION.—The term ‘ballast water’ ‘‘(III) any effluent from a properly func- that the commercial vessel meets the require- does not include any pollutant that is added to tioning marine engine; or ments relating to geographically limited areas water described in subparagraph (A) that is not ‘‘(ii) a discharge of a pollutant into navigable under subsection (g); and directly related to the operation of a properly waters in connection with the testing, mainte- ‘‘(B) the owner or operator discharges the bal- functioning ballast water treatment technology nance, and repair of a system, equipment, or en- last water in accordance with a ballast water certified under subsection (e). gine described in subclause (I)(bb) or (III) of management plan approved under subsection ‘‘(3) BALLAST WATER PERFORMANCE STAND- clause (i) whenever the commercial vessel is wa- (i). ARD.—The term ‘ballast water performance terborne. ‘‘(2) APPLICABILITY.— standard’ or ‘performance standard’ means a ‘‘(B) EXCLUSION.—The term ‘discharge inci- ‘‘(A) COVERED VESSELS.—Paragraph (1) shall numerical ballast water performance standard dental to the normal operation of a commercial apply to the owner or operator of a commercial specified under subsection (c) or established vessel’ does not include— vessel that is designed, constructed, or adapted under subsection (d). ‘‘(i) a discharge into navigable waters from a to carry ballast water if the commercial vessel ‘‘(4) BALLAST WATER TREATMENT SYSTEM.— commercial vessel of— is— The term ‘ballast water treatment system’ means ‘‘(I) ballast water; ‘‘(i) documented under the laws of the United any equipment on board a commercial vessel (in- ‘‘(II) rubbish, trash, garbage, incinerator ash, States; or cluding all compartments, piping, spaces, tanks, or other such material discharged overboard; ‘‘(ii) operating in navigable waters on a voy- and multi-use compartments, piping, spaces, ‘‘(III) oil or a hazardous substance within the age to or from a point in the United States. and tanks) that is— meaning of section 311; or ‘‘(B) EXEMPTED VESSELS.—Paragraph (1) shall ‘‘(A) designed for loading, carrying, treating, ‘‘(IV) sewage within the meaning of section not apply to the owner or operator of— or discharging ballast water; and 312; or ‘‘(i) a commercial vessel that carries all of its ‘‘(B) installed and operated to meet a ballast ‘‘(ii) an emission of an air pollutant resulting ballast water in sealed tanks that are not sub- water performance standard. from the operation onboard a commercial vessel ject to discharge; ‘‘(5) BALLAST WATER TREATMENT TECH- of a vessel propulsion system, motor driven ‘‘(ii) a commercial vessel that continuously NOLOGY.—The term ‘ballast water treatment equipment, or incinerator. takes on and discharges ballast water in a flow- technology’ or ‘treatment technology’ means ‘‘(10) EXISTING COMMERCIAL VESSEL.—The through system; any mechanical, physical, chemical, or biologi- term ‘existing commercial vessel’ means a com- ‘‘(iii) any vessel in the National Defense Re- cal process used, either singularly or in com- mercial vessel constructed prior to January 1, serve Fleet that is scheduled to be disposed of bination, to remove, render harmless, or avoid 2012. through scrapping or sinking; the uptake or discharge of aquatic nuisance spe- ‘‘(11) GEOGRAPHICALLY LIMITED AREA.—The ‘‘(iv) a commercial vessel that discharges bal- cies within ballast water. term ‘geographically limited area’ means an last water consisting solely of water— ‘‘(6) BIOCIDE.—The term ‘biocide’ means a area— ‘‘(I) taken aboard from a municipal or com- substance or organism, including a virus or fun- ‘‘(A) with a physical limitation that prevents mercial source; and gus, that is introduced into, or produced by, a a commercial vessel from operating outside the ‘‘(II) that, at the time the water is taken ballast water treatment technology as part of area, as determined by the Secretary; or aboard, meets the applicable regulations or per- the process used to comply with a ballast water ‘‘(B) that is ecologically homogeneous, as de- mit requirements for such source under the Safe performance standard under this section. termined by the Administrator, in consultation Drinking Water Act (42 U.S.C. 300f et seq.) and ‘‘(7) COMMERCIAL VESSEL.—The term ‘commer- with the Secretary. section 402 of this Act; or cial vessel’ means every description of ‘‘(12) MAJOR CONVERSION.—The term ‘major ‘‘(v) a commercial vessel that is 3 years or watercraft, or other artificial contrivance used conversion’ means a conversion of a commercial fewer from the end of its useful life, as deter- or capable of being used as a means of transpor- vessel that— mined by the Secretary, on the date on which

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00024 Fmt 0636 Sfmt 6333 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7359

the regulations issued under paragraph (3) be- ‘‘(I) a process for the Secretary, in consulta- ‘‘(2) CONSIDERATIONS.—In conducting the re- come effective for the vessel pursuant to the im- tion with the Administrator, to issue an exten- view, the Administrator shall consider— plementation schedule issued under paragraph sion of a compliance deadline established under ‘‘(A) improvements in the scientific under- (3)(B). subparagraph (A) or (B) for a commercial vessel standing of biological and ecological processes ‘‘(C) LIMITATION.—An exemption under sub- (or class, type, or size of vessel); and that lead to the introduction or establishment of paragraph (B)(v) shall cease to be effective on ‘‘(II) a process for an owner or operator to aquatic nuisance species; the date that is 3 years after the date on which submit a petition to the Secretary for an exten- ‘‘(B) improvements in ballast water treatment the regulations under paragraph (3) become ef- sion of a compliance deadline established under technology, including— fective for the commercial vessel pursuant to the subparagraph (A) or (B) with respect to the ‘‘(i) the capability of such technology to implementation schedule issued under para- commercial vessel of the owner or operator. achieve a revised ballast water performance graph (3)(B). ‘‘(iii) PERIOD OF EXTENSIONS.—An extension standard; ‘‘(3) ISSUANCE OF REGULATIONS.— issued under this subparagraph shall— ‘‘(ii) the effectiveness and reliability of such ‘‘(A) IN GENERAL.—Not later than 180 days ‘‘(I) apply for a period of not to exceed 18 technology in the shipboard environment; ‘‘(iii) the compatibility of such technology after the date of enactment of this section, the months; and with the design and operation of commercial Secretary, in consultation with the Adminis- ‘‘(II) be renewable for an additional period of trator, shall issue final regulations to implement vessels by class, type, and size; not to exceed 18 months. ‘‘(iv) the commercial availability of such tech- the requirements of this section. ‘‘(iv) FACTORS.—In issuing an extension or re- nology; and ‘‘(B) PROPOSED RULE.—For the purposes of viewing a petition under this subparagraph, the chapter 5 of title 5, United States Code, the pro- ‘‘(v) the safety of such technology; Secretary shall consider, with respect to the ‘‘(C) improvements in the capabilities to de- posed rulemaking published by the Coast Guard ability of an owner or operator to meet a compli- on August 28, 2009 (74 Fed. Reg. 44632; relating tect, quantify, and assess the viability of aquat- ance deadline, the following factors: ic nuisance species at the concentrations under to standards for living organisms in ships’ bal- ‘‘(I) Whether the treatment technology to be last water discharged in U.S. waters), shall consideration; installed is available in sufficient quantities to ‘‘(D) the impact of ballast water treatment serve as a proposed rule for the purposes of meet the compliance deadline. issuing regulations under this section. technology on water quality; and ‘‘(II) Whether there is sufficient shipyard or ‘‘(E) the costs, cost-effectiveness, and impacts ‘‘(4) COMPLIANCE SCHEDULES.— other installation facility capacity. ‘‘(A) INITIAL PERFORMANCE STANDARD COMPLI- of— ‘‘(III) Whether there is sufficient availability ‘‘(i) a revised ballast water performance ANCE DEADLINES.— ‘‘(i) IN GENERAL.—An owner or operator shall of engineering and design resources. standard, including the potential impacts on comply with the performance standard estab- ‘‘(IV) Vessel characteristics, such as engine shipping, trade, and other uses of the aquatic lished under subsection (c) on or before the room size, layout, or a lack of installed piping. environment; and deadline that applies to the commercial vessel of ‘‘(V) Electric power generating capacity ‘‘(ii) maintaining the existing ballast water the owner or operator, as specified in clause (ii). aboard the vessel. performance standard, including the potential ‘‘(ii) DEADLINES.—The deadlines for compli- ‘‘(VI) Safety of the vessel and crew. impacts on water-related infrastructure, recre- ance with the performance standard established ‘‘(v) CONSIDERATION OF PETITIONS.— ation, the propagation of native fish, shellfish, under subsection (c) are as follows: ‘‘(I) DETERMINATIONS.—The Secretary shall and wildlife, and other uses of navigable wa- ‘‘(I) For a commercial vessel constructed on or approve or deny a petition for an extension of a ters. after January 1, 2012, the date of delivery of the compliance deadline submitted by an owner or ‘‘(3) REVISION OF PERFORMANCE STANDARD.— ‘‘(A) RULEMAKING.—If, pursuant to a review vessel. operator under this subparagraph. ‘‘(II) For an existing commercial vessel with a ‘‘(II) DEADLINE.—If the Secretary does not ap- conducted under paragraph (1), the Adminis- ballast water capacity of less than 1,500 cubic prove or deny a petition referred to in subclause trator, in consultation with the Secretary, deter- meters, the date of the first drydocking of the (I) on or before the last day of the 90-day period mines that revising the ballast water perform- vessel after January 1, 2016. beginning on the date of submission of the peti- ance standard would result in a scientifically ‘‘(III) For an existing commercial vessel with tion, the petition shall be deemed approved. demonstrable and substantial reduction in the a ballast water capacity of at least 1,500 cubic ‘‘(c) BALLAST WATER PERFORMANCE STAND- risk of the introduction or establishment of meters but not more than 5,000 cubic meters, the ARD FOR COMMERCIAL VESSELS.— aquatic nuisance species, the Administrator date of the first drydocking of the vessel after ‘‘(1) IN GENERAL.—To meet the ballast water shall undertake a rulemaking to revise the per- January 1, 2014. performance standard, an owner or operator formance standard. ‘‘(IV) For an existing commercial vessel with a shall— ‘‘(B) SPECIAL RULE.—The Administrator may ballast water capacity of greater than 5,000 ‘‘(A) conduct ballast water treatment before not issue a revised performance standard pursu- cubic meters, the date of the first drydocking of discharging ballast water from a commercial ant to this paragraph that applies to a commer- the vessel after January 1, 2016. vessel into navigable waters using a ballast cial vessel constructed prior to the date on which the revised performance standard is ‘‘(iii) REGULATIONS.—In issuing regulations water treatment technology certified for the ves- issued unless the revised performance standard under paragraph (3), the Secretary shall include sel (or class, type, or size of vessel) under sub- is at least 2 orders of magnitude more stringent a compliance schedule that sets forth the dead- section (e); and than the performance standard in effect on the lines specified in clause (ii). ‘‘(B) ensure that any ballast water so dis- date that the review is completed. ‘‘(B) REVISED PERFORMANCE STANDARD COM- charged meets, at a minimum, the numerical ‘‘(4) STATE PETITION FOR REVIEW OF PERFORM- PLIANCE DEADLINES.— ballast water performance standard set forth in ‘‘(i) IN GENERAL.—Upon revision of a perform- ANCE STANDARDS.— the International Convention for the Control ance standard under subsection (d), the Sec- ‘‘(A) IN GENERAL.—The Governor of a State and Management of Ships’ Ballast Water and retary, in consultation with the Administrator, may submit a petition requesting that the Ad- Sediments, as adopted on February 13, 2004, or shall issue a compliance schedule that estab- ministrator review a ballast water performance a revised numerical ballast water performance lishes deadlines for an owner or operator to standard if there is significant new information standard established under subsection (d). comply with the revised performance standard. that could reasonably indicate the performance ‘‘(2) SAFETY EXEMPTION.—Notwithstanding ‘‘(ii) FACTORS.—In issuing a compliance standard could be revised to result in a scientif- schedule under this subparagraph, the Sec- paragraph (1), an owner or operator may dis- ically demonstrable and substantial reduction in retary— charge ballast water without regard to a ballast the risk of the introduction or establishment of ‘‘(I) shall consider the factors identified in water performance standard if— aquatic nuisance species. subparagraph (C)(iv); and ‘‘(A) the discharge is done solely to ensure the ‘‘(B) TIMING.—A Governor may not submit a ‘‘(II) may establish different compliance dead- safety of life at sea; petition under subparagraph (A) during the 1- lines based on vessel class, type, or size. ‘‘(B) the discharge is accidental and the result year period following the date of completion of ‘‘(iii) VESSELS CONSTRUCTED AFTER ISSUANCE of damage to the commercial vessel or its equip- a review under paragraph (1). OF REVISED PERFORMANCE STANDARDS.—A com- ment and— ‘‘(C) REQUIRED INFORMATION.—A petition sub- pliance schedule issued under this subpara- ‘‘(i) all reasonable precautions to prevent or mitted to the Administrator under subparagraph graph with respect to a revised performance minimize the discharge have been taken; and (A) shall include the scientific and technical in- standard shall require, at a minimum, the owner ‘‘(ii) the owner or operator did not willfully or formation on which the petition is based. or operator of a commercial vessel that com- recklessly cause such damage; or ‘‘(D) REVIEW AND REPORTING.—Upon receipt mences a major conversion or is constructed on ‘‘(C) the discharge is solely for the purpose of of a petition from a Governor under subpara- or after the date of issuance of the revised per- avoiding or minimizing discharge from the vessel graph (A), the Administrator shall make pub- formance standard to comply with the revised of pollution that would otherwise violate an ap- licly available a copy of the petition, including performance standard. plicable Federal or State law. the scientific and technical information pro- ‘‘(C) EXTENSION OF COMPLIANCE DEADLINES.— ‘‘(d) REVIEW OF PERFORMANCE STANDARD.— vided by the Governor under subparagraph (C). ‘‘(i) IN GENERAL.—The Secretary may extend a ‘‘(1) IN GENERAL.—Not later than January 1, ‘‘(E) REVIEW AND REVISION OF PERFORMANCE compliance deadline established under subpara- 2016, and every 10 years thereafter, the Adminis- STANDARDS.— graph (A) or (B) on the Secretary’s own initia- trator, in consultation with the Secretary, shall ‘‘(i) IN GENERAL.—If, after receiving a petition tive or in response to a petition submitted by an complete a review to determine whether revising submitted by a Governor under subparagraph owner or operator. the ballast water performance standard would (A) for review of a performance standard, the ‘‘(ii) PROCESSES FOR GRANTING EXTENSIONS.— result in a scientifically demonstrable and sub- Administrator, in consultation with the Sec- In issuing regulations under paragraph (3), the stantial reduction in the risk of the introduction retary, determines that the petition warrants Secretary shall establish— or establishment of aquatic nuisance species. additional action, the Administrator may—

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00025 Fmt 0636 Sfmt 6333 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7360 CONGRESSIONAL RECORD — HOUSE November 4, 2011 ‘‘(I) in consultation with the Secretary, ini- Secretary has certified the treatment technology unless the technology has been certified under tiate a review of the performance standard under subparagraph (A). this subsection. under paragraph (1); and ‘‘(ii) EXCEPTIONS.— ‘‘(f) ALTERNATIVE METHODS OF COMPLI- ‘‘(II) in consultation with the Secretary, re- ‘‘(I) COAST GUARD SHIPBOARD TECHNOLOGY ANCE.— vise the performance standard through a rule- EVALUATION PROGRAM.—An owner or operator ‘‘(1) ESTABLISHMENT.—Not later than 180 days making under paragraph (3)(A), subject to the may use a ballast water treatment technology after the date of enactment of this section, the limitation in paragraph (3)(B). that has not been certified by the Secretary to Secretary, in consultation with the Adminis- ‘‘(ii) TREATMENT OF MORE THAN ONE PETITION comply with the requirements of this section if trator, shall establish an alternative method of AS A SINGLE PETITION.—The Administrator may the technology is being evaluated under the compliance with this section for a commercial treat more than one petition as a single petition Coast Guard Shipboard Technology Evaluation vessel having a maximum ballast water capacity for review. Program. of less than 8 cubic meters. ‘‘(e) TREATMENT TECHNOLOGY CERTIFI- ‘‘(II) BALLAST WATER TREATMENT TECH- ‘‘(2) FACTORS FOR CONSIDERATION.—In estab- CATION.— NOLOGIES CERTIFIED BY FOREIGN ENTITIES.—An lishing an alternative method of compliance ‘‘(1) CERTIFICATION REQUIRED.— owner or operator may use a ballast water treat- under paragraph (1), the Secretary shall con- ‘‘(A) CERTIFICATION PROCESS.— ment technology that has not been certified by sider— ‘‘(i) EVALUATION.—Upon application of a the Secretary to comply with the requirements of ‘‘(A) the effectiveness of the alternative meth- manufacturer, the Secretary shall evaluate a this section if the technology has been certified od in reducing the risk of the introduction or es- ballast water treatment technology with respect by a foreign entity and the certification dem- tablishment of aquatic nuisance species relative to— onstrates performance and safety of the treat- to the performance standard; and ‘‘(I) whether the treatment technology meets ment technology equivalent to the requirements ‘‘(B) any other factor the Secretary considers the ballast water performance standard when of this subsection, as determined by the Sec- appropriate. installed on a commercial vessel (or a class, retary. ‘‘(3) BEST MANAGEMENT PRACTICES.—The Sec- type, or size of commercial vessel); ‘‘(2) CERTIFICATION CONDITIONS.— retary may establish as an alternative method of ‘‘(II) the effect of the treatment technology on ‘‘(A) IMPOSITION OF CONDITIONS.—In certi- compliance appropriate ballast water best man- commercial vessel safety; and fying a ballast water treatment technology agement practices to minimize the introduction ‘‘(III) any other criteria the Secretary con- under this subsection, the Secretary, in con- or establishment of aquatic nuisance species. siders appropriate. sultation with the Administrator, may impose ‘‘(g) GEOGRAPHICALLY LIMITED AREAS.— ‘‘(ii) CERTIFICATION.—If, after conducting the any condition on the subsequent installation, ‘‘(1) IN GENERAL.—Subsections (c), (e), and (i) evaluation required by clause (i), the Secretary use, or maintenance of the treatment technology shall not apply to a commercial vessel that— determines the treatment technology meets the onboard a commercial vessel as is necessary ‘‘(A) operates exclusively within a geographi- criteria established under such clause, the Sec- for— cally limited area, as determined by the Sec- retary may certify the treatment technology for ‘‘(i) the safety of the vessel, the crew of the retary, in consultation with the Administrator; use on a commercial vessel (or a class, type, or vessel, and any passengers aboard the vessel; or size of commercial vessel). ‘‘(ii) the protection of the environment; and ‘‘(B) operates pursuant to a geographic re- ‘‘(iii) SUSPENSION AND REVOCATION OF CERTIFI- ‘‘(iii) the effective operation of the treatment striction issued for the commercial vessel under CATION.—The Secretary shall, by regulation, es- technology. section 3309 of title 46, United States Code. tablish a process to suspend or revoke a certifi- ‘‘(B) FAILURE TO COMPLY.—The failure of an ‘‘(2) PETITION FOR DETERMINATION BY THE cation issued under this subparagraph. owner or operator to comply with a condition SECRETARY.— ‘‘(B) CERTIFICATES OF TYPE APPROVAL.— imposed under subparagraph (A) is a violation ‘‘(A) SUBMISSION OF PETITIONS.—Following ‘‘(i) ISSUANCE OF CERTIFICATES TO MANUFAC- of this section. the date of issuance of final regulations under TURER.—If the Secretary certifies a ballast water ‘‘(3) USE OF BALLAST WATER TREATMENT TECH- subsection (b), an owner or operator may peti- treatment technology under subparagraph (A), NOLOGIES ONCE INSTALLED.— tion the Secretary for a determination under the Secretary shall issue to the manufacturer of ‘‘(A) IN GENERAL.—Subject to subparagraph paragraph (1). the treatment technology, in such form and (B), an owner or operator who installs a ballast ‘‘(B) DETERMINATIONS.—The Secretary shall manner as the Secretary determines appropriate, water treatment technology that the Secretary approve or deny a petition submitted by an a certificate of type approval for the treatment has certified under paragraph (1) may use the owner or operator under subparagraph (A). technology. treatment technology, notwithstanding any re- ‘‘(C) DEADLINE.—If the Secretary does not ap- ‘‘(ii) CONDITIONS TO BE INCLUDED IN CERTIFI- visions to a ballast water performance standard prove or deny a petition submitted by an owner CATES.—A certificate of type approval issued occurring after the installation so long as the or operator under subparagraph (A) on or be- under clause (i) shall include any conditions owner or operator— fore the last day of the 90-day period beginning that are imposed by the Secretary under para- ‘‘(i) maintains the treatment technology in on the date of submission of the petition, the pe- graph (2). proper working condition; and tition shall be deemed approved. ‘‘(iii) ISSUANCE OF COPIES OF CERTIFICATES TO ‘‘(ii) maintains and uses the treatment tech- ‘‘(3) NOTIFICATION.—The Secretary shall no- OWNERS AND OPERATORS.—A manufacturer that nology in accordance with— tify the Administrator and the Governor of each receives a certificate of type approval under ‘‘(I) the manufacturer’s specifications; and State the waters of which could be affected by clause (i) for a ballast water treatment tech- ‘‘(II) any conditions imposed by the Secretary the discharge of ballast water from a commercial nology shall furnish a copy of the certificate to under paragraph (2). vessel for which a petition has been granted any owner or operator of a commercial vessel on ‘‘(B) LIMITATION.—Subparagraph (A) shall under paragraph (2) of the granting of any such which the treatment technology is installed. cease to apply with respect to a commercial ves- petition. ‘‘(iv) INSPECTIONS.—An owner or operator sel after the first to occur of the following: ‘‘(4) BEST MANAGEMENT PRACTICES.—For a who receives a copy of a certificate under clause ‘‘(i) The expiration of the service life of the commercial vessel for which a petition is granted (iii) for a ballast water treatment technology in- ballast water treatment technology of the vessel, under paragraph (2), the Secretary shall require stalled on a commercial vessel shall retain a as determined by the Secretary. the owner or operator to implement appropriate copy of the certificate onboard the commercial ‘‘(ii) The expiration of service life of the ves- ballast water best management practices to min- vessel and make the copy of the certificate sel, as determined by the Secretary. imize the introduction or establishment of available for inspection at all times that such ‘‘(iii) The completion of a major conversion of aquatic nuisance species. owner or operator is utilizing the treatment the vessel. ‘‘(h) RECEPTION FACILITIES.— technology. ‘‘(4) TESTING PROTOCOLS.—Not later than 180 ‘‘(1) IN GENERAL.—An owner or operator shall ‘‘(C) TREATMENT TECHNOLOGIES THAT USE OR days after the date of enactment of this section, discharge ballast water in compliance with sub- GENERATE BIOCIDES.—The Secretary may not the Administrator, in consultation with the Sec- section (c) or (f) unless discharging ballast certify a ballast water treatment technology retary, shall issue guidelines specifying land- water into— that— based and shipboard testing protocols or criteria ‘‘(A) an onshore facility for the reception of ‘‘(i) uses a biocide or generates a biocide that for— ballast water that meets standards issued by the is a ‘pesticide’, as defined in section 2 of the ‘‘(A) certifying the performance of ballast Administrator, in consultation with the Sec- Federal Insecticide, Fungicide, and Rodenticide water treatment technologies under this sub- retary; or Act (7 U.S.C. 136), unless the biocide is reg- section; and ‘‘(B) an offshore facility for the reception of istered under such Act or the Administrator has ‘‘(B) certifying laboratories to evaluate such ballast water that meets standards issued by the approved the use of such biocide in such treat- treatment technologies. Secretary, in consultation with the Adminis- ment technology; or ‘‘(5) PROHIBITION.—Following the date on trator. ‘‘(ii) uses or generates a biocide the discharge which the requirements of subsection (b)(1) ‘‘(2) ISSUANCE OF STANDARDS.—Not later than of which causes or contributes to a violation of apply with respect to a commercial vessel pursu- 2 years after the date of enactment of this sec- a water quality standard under section 303 of ant to the implementation schedule issued under tion— this Act. subsection (b)(3)(B), no manufacturer of a bal- ‘‘(A) the Administrator, in consultation with ‘‘(D) PROHIBITION.— last water treatment technology shall sell, offer the Secretary, shall issue the standards referred ‘‘(i) IN GENERAL.—Except as provided by for sale, or introduce or deliver for introduction to in paragraph (1)(A); and clause (ii), an owner or operator may not use a into interstate commerce, or import into the ‘‘(B) the Secretary, in consultation with the ballast water treatment technology to comply United States for sale or resale, a ballast water Administrator, shall issue the standards referred with the requirements of this section unless the treatment technology for the commercial vessel to in paragraph (1)(B).

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00026 Fmt 0636 Sfmt 6333 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7361

‘‘(3) SOLE METHOD OF DISCHARGE.—The Sec- ‘‘(C) establish adequate procedures for report- shall not require any new permit or permit con- retary, in consultation with the Administrator, ing violations of this section; ditions under section 402 for any discharge inci- and upon petition by an owner or operator, may ‘‘(D) investigate and abate violations of this dental to the normal operation of a commercial issue to an owner or operator a certificate stat- section, including the imposition of civil and vessel; and ing that a commercial vessel is in compliance criminal penalties consistent with subsection ‘‘(B) a State or political subdivision thereof with the requirements of subsection (b)(1)(A) if (o); and shall not adopt or enforce any law or regulation discharging ballast water into a facility meeting ‘‘(E) ensure that the Secretary and the Ad- of the State or political subdivision with respect the standards issued under this subsection is the ministrator receive notice of each violation of to such a discharge. sole method by which the owner or operator dis- this section in an expeditious manner. ‘‘(m) EFFECT ON VESSEL GENERAL PERMIT.— charges ballast water from the commercial ves- ‘‘(3) COMPLIANCE.—Any State program ap- ‘‘(1) EXPIRATION.—Notwithstanding the expi- sel. proved under paragraph (2) shall at all times be ration date set forth in the Vessel General Per- ‘‘(4) BALLAST WATER MANAGEMENT PLANS.—An conducted in accordance with this subsection. mit, the Vessel General Permit shall expire as owner or operator discharging ballast water ‘‘(4) WITHDRAWAL OF APPROVAL.—Whenever follows: ‘‘(A) The terms and conditions of section 6 of under this subsection shall discharge such water the Secretary, in consultation with the Adminis- such permit or any law of a State regulating the in accordance with a ballast water management trator, determines, after providing notice and discharge of ballast water or any discharge inci- plan approved under subsection (i). the opportunity for a public hearing, that a dental to the normal operation of a commercial ‘‘(i) COMMERCIAL VESSEL BALLAST WATER State is not administering a program in accord- vessel, upon the date of enactment of this sec- MANAGEMENT PLAN.— ance with the terms of the program as approved tion. ‘‘(1) IN GENERAL.—An owner or operator shall under paragraph (2), the Secretary shall notify ‘‘(B) For each commercial vessel, the terms discharge ballast water in accordance with a the State, and, if appropriate corrective action and conditions of such permit (except the terms ballast water management plan that— is not taken within a period of time not to ex- and conditions referred to in subparagraph (A)) ‘‘(A) meets requirements prescribed by the Sec- ceed 90 days, the Secretary, with the concur- applicable to a discharge of ballast water— retary; and rence of the Administrator, shall withdraw ap- ‘‘(i) on the date on which— ‘‘(B) is approved by the Secretary. proval of the program. The Secretary shall not ‘‘(I) a ballast water treatment technology cer- ‘‘(2) FOREIGN COMMERCIAL VESSELS.—The Sec- withdraw approval of a program unless the Sec- tified under subsection (e) is installed on the retary may approve a ballast water management retary has first notified the State and made pub- commercial vessel; plan for a foreign commercial vessel on the basis lic, in writing, the reasons for the withdrawal. ‘‘(II) an alternative method of compliance es- of a certificate of compliance issued by the ‘‘(5) LIMITATION ON STATUTORY CONSTRUC- tablished for the commercial vessel under sub- country of registration of the commercial vessel TION.—Nothing in this subsection shall limit the section (f) is implemented for the commercial if the requirements of the government of that authority of the Administrator or the Secretary vessel; country for a ballast water management plan to carry out inspections of any commercial ves- ‘‘(III) a petition is granted for the commercial are substantially equivalent to regulations sel under subsection (n). vessel under subsection (g); or issued by the Secretary. ‘‘(6) STATE LAWS.—Notwithstanding any other ‘‘(IV) a certificate is issued for the commercial ‘‘(3) RECORDKEEPING.— provision of this section, a State may enact such vessel under subsection (h); or ‘‘(A) IN GENERAL.—Except as provided by sub- laws as are necessary to provide for the imple- ‘‘(ii) in any case not described in clause (i), on paragraph (B), an owner or operator shall mentation of the State ballast water inspection December 18, 2013. maintain in English and have available for in- and enforcement program provided under this ‘‘(2) DISCHARGES INCIDENTAL TO THE NORMAL spection by the Secretary a ballast water record subsection. The requirements for a ballast water OPERATION OF COMMERCIAL VESSELS.—Notwith- book in which each operation of the commercial inspection and enforcement program contained standing the expiration date set forth in the vessel involving a ballast water discharge is re- in such State law shall be substantively and Vessel General Permit, the terms and conditions corded in accordance with regulations issued by procedurally equivalent to those required in this of such permit (except the terms and conditions the Secretary. section, and any requirements relating to rec- referred to in paragraph (1)(A)) applicable to ‘‘(B) ALTERNATIVE MEANS OF RECORD- ordkeeping, reporting, and sampling or analysis discharges incidental to the normal operation of KEEPING.—The Secretary may provide for alter- contained in such State law shall be sub- a commercial vessel shall remain in effect. ‘‘(n) INSPECTIONS AND ENFORCEMENT.— native methods of recordkeeping, including elec- stantively and procedurally equivalent to the re- tronic recordkeeping, to comply with the re- ‘‘(1) IN GENERAL.— quirements of this section and its implementing ‘‘(A) COAST GUARD ENFORCEMENT.—The Sec- quirements of this paragraph. regulations and guidance. retary shall enforce the requirements of this sec- ‘‘(j) REGULATION OF BALLAST WATER DIS- ‘‘(l) DISCHARGES INCIDENTAL TO THE NORMAL tion and may utilize by agreement, with or with- CHARGES.—Effective on and after the date of en- OPERATIONS OF A COMMERCIAL VESSEL.— out reimbursement, law enforcement officers or actment of this section— ‘‘(1) EVALUATION OF INCIDENTAL DIS- other personnel and facilities of the Adminis- ‘‘(1) the Administrator (or a State in the case CHARGES.— of a permit program approved under section 402) trator, other Federal agencies, and the States. ‘‘(A) IN GENERAL.—Not later than 3 years ‘‘(B) ENVIRONMENTAL PROTECTION AGENCY AC- shall not require any new permit or permit con- after the date of enactment of this section, the TIONS.—Notwithstanding any enforcement deci- dition under section 402 for any discharge of Administrator, in consultation with the Sec- sions of the Secretary under subparagraph (A), ballast water from a commercial vessel into nav- retary, shall complete an evaluation of dis- the Administrator may use the authorities pro- igable waters; and charges incidental to the normal operation of a vided in sections 308, 309, 312, and 504 whenever ‘‘(2) except as provided by subsection (k), a commercial vessel. required to carry out this section. State or political subdivision thereof shall not ‘‘(B) FACTORS.—In carrying out the evalua- ‘‘(2) COAST GUARD INSPECTIONS.—The Sec- adopt or enforce any law or regulation of the tion, the Administrator shall analyze— retary may carry out inspections of any com- State or political subdivision with respect to ‘‘(i) the characterization of the various types mercial vessel at any time, including the taking such a discharge. and composition of discharges incidental to the of ballast water samples, to ensure compliance ‘‘(k) STATE AUTHORITY.— normal operation of a commercial vessel by dif- with this section. The Secretary shall use all ap- ‘‘(1) STATE PROGRAMS.—The Governor of a ferent classes, types, and sizes of commercial propriate and practical measures of detection State desiring to administer its own inspection vessels; and environmental monitoring of such commer- and enforcement authority for ballast water dis- ‘‘(ii) the volume of such discharges for rep- cial vessels and shall establish adequate proce- charges within its jurisdiction may submit to the resentative individual commercial vessels and by dures for reporting violations of this section and Secretary a complete description of the program classes, types, and sizes of commercial vessels in accumulating evidence regarding such viola- the Governor proposes to establish and admin- the aggregate; tions. ister under State law. In addition, the Governor ‘‘(iii) the availability and feasibility of imple- ‘‘(o) COMPLIANCE.— shall submit a statement from the State attorney menting technologies or best management prac- ‘‘(1) DETENTION OF COMMERCIAL VESSEL.—The general that the laws of the State provide ade- tices for the control of such discharges; Secretary, by notice to the owner or operator, quate authority to carry out the described pro- ‘‘(iv) the characteristics of the receiving wa- may detain the commercial vessel if the Sec- gram. ters of such discharges; retary has reasonable cause to believe that the ‘‘(2) APPROVAL.—The Secretary, with the con- ‘‘(v) the nature and extent of potential effects commercial vessel does not comply with a re- currence of the Administrator, may approve a of such discharges on human health, welfare, quirement of this section or is being operated in program of a State submitted under paragraph and the environment; violation of such a requirement. (1) providing for the State’s own inspection and ‘‘(vi) the extent to which such discharges are ‘‘(2) SANCTIONS.— enforcement authority for ballast water dis- currently subject to and addressed by regula- ‘‘(A) CIVIL PENALTIES.— charges within its jurisdiction, if the Secretary tions under existing Federal laws or binding ‘‘(i) IN GENERAL.—Any person who violates determines that the State possesses adequate re- international obligations of the United States; this section shall be liable for a civil penalty in sources to— and an amount determined under clause (ii). Each ‘‘(A) inspect, monitor, and board a commercial ‘‘(vii) any additional factor that the Adminis- day of a continuing violation constitutes a sepa- vessel at any time, including the taking and trator considers appropriate. rate violation. A commercial vessel operated in testing of ballast water samples, to ensure the ‘‘(2) REGULATION OF INCIDENTAL DIS- violation of this section is liable in rem for any commercial vessel’s compliance with this section; CHARGES.—Effective on and after the date of en- civil penalty assessed for that violation. ‘‘(B) ensure that any ballast water discharged actment of this section— ‘‘(ii) PENALTY AMOUNTS.—The amount of a within the waters subject to the jurisdiction of ‘‘(A) the Administrator (or a State in the case civil penalty assessed under clause (i) shall be the State meets the requirements of this section; of a permit program approved under section 402) determined as follows:

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00027 Fmt 0636 Sfmt 6333 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7362 CONGRESSIONAL RECORD — HOUSE November 4, 2011

‘‘(I) For vessels with a ballast water capacity ‘‘(B) DISCHARGE INCIDENTAL TO THE NORMAL any applicable best management practice meet- less than 1500 cubic meters, not to exceed $25,000 OPERATION OF A COVERED VESSEL.—The term ing standards established under this sub- for each violation. ‘discharge incidental to the normal operation of section.’’. ‘‘(II) For vessels with a ballast water capacity a covered vessel’ means a discharge incidental SEC. 704. CONFORMING AND TECHNICAL AMEND- of 1500 cubic meters but not more than 5,000 to the normal operation of a commercial vessel MENTS. cubic meters, not to exceed $28,750 for each vio- (as defined in section 321), insofar as the com- (a) EFFLUENT LIMITATIONS.—Section 301(a) of lation. mercial vessel is a covered vessel. the Federal Water Pollution Control Act (33 ‘‘(III) For vessels with a ballast water capac- ‘‘(2) DETERMINATION OF DISCHARGES SUBJECT U.S.C. 1311(a)) is amended by inserting ‘‘312, ity greater than 5,000 cubic meters, not to exceed TO BEST MANAGEMENT PRACTICES.— 321,’’ after ‘‘318,’’. $32,500 for each violation. ‘‘(A) DETERMINATION.— (b) REVIEW OF ADMINISTRATOR’S ACTIONS.— ‘‘(B) CRIMINAL PENALTIES.—Any person who ‘‘(i) IN GENERAL.—The Administrator, in con- The first sentence of section 509(b)(1) of such knowingly violates this section shall be pun- sultation with the Secretary of the department Act (33 U.S.C. 1369(b)(1)) is amended— ished by a fine of not less that $5,000 nor more in which the Coast Guard is operating, shall de- (1) by striking ‘‘and (G)’’ and inserting ‘‘(G)’’; than $50,000 per day of violation, or by impris- termine the discharges incidental to the normal and onment for not more than 3 years, or both. If a operation of a covered vessel for which it is rea- (2) by inserting after ‘‘section 304(l),’’ the fol- conviction of a person is for a violation com- sonable and practicable to develop best manage- lowing: ‘‘and (H) in issuing any regulation or mitted after a first conviction of such person ment practices to mitigate the adverse impacts of otherwise taking final agency action under sec- under this paragraph, punishment shall be by a such discharges on the waters of the United tion 312 or 321,’’. fine of not more than $100,000 per day of viola- States. SEC. 705. REGULATION OF BALLAST WATER AND tion, or imprisonment of not more than 6 years, ‘‘(ii) PROMULGATION.—The Administrator INCIDENTAL DISCHARGES FROM A or both. shall promulgate the determinations under COMMERCIAL VESSEL. ‘‘(C) REVOCATION OF CLEARANCE.—Upon re- clause (i) in accordance with section 553 of title (a) IN GENERAL.—Effective on the date of en- quest of the Secretary, the Secretary of Home- 5, United States Code. actment of this Act, the following discharges land Security shall withhold or revoke the clear- ‘‘(B) CONSIDERATIONS.—In making a deter- shall not be regulated in any manner other than ance of a commercial vessel required by section mination under subparagraph (A), the Adminis- as specified in section 312 or 321 of the Federal 60105 of title 46, United States Code, if the trator shall consider— Water Pollution Control Act (as added by this owner or operator is in violation of this section. ‘‘(i) the nature of the discharge; title): ‘‘(3) ENFORCEMENT ACTIONS.— (1) A discharge incidental to the normal oper- ‘‘(A) ADMINISTRATIVE ACTIONS.—If the Sec- ‘‘(ii) the environmental effects of the dis- retary finds that a person has violated this sec- charge, including characteristics of the receiv- ation of a commercial vessel. (2) A discharge of ballast water from a com- tion, the Secretary may assess a civil penalty for ing waters; the violation. In determining the amount of the ‘‘(iii) the effectiveness of the best management mercial vessel. (b) DEFINITIONS.—In this section, the terms civil penalty, the Secretary shall take into ac- practice in reducing adverse impacts of the dis- ‘‘ballast water’’, ‘‘commercial vessel’’, and ‘‘dis- count the nature, circumstances, extent, and charge on water quality; charge incidental to the normal operation of a gravity of the prohibited acts committed and, ‘‘(iv) the practicability of developing and commercial vessel’’ have the meanings given with respect to the violator, the degree of culpa- using a best management practice; bility, any history of prior violations, and such ‘‘(v) the effect that the use of a best manage- those terms in section 321(a) of the Federal other matters as justice may require. ment practice would have on the operation, Water Pollution Control Act (as added by this ‘‘(B) CIVIL ACTIONS.—At the request of the operational capability, or safety of the vessel; title). Secretary, the Attorney General may bring a ‘‘(vi) applicable Federal and State law; SEC. 706. NONINDIGENOUS AQUATIC NUISANCE civil action in an appropriate district court of ‘‘(vii) applicable international standards; and PREVENTION AND CONTROL ACT OF the United States to enforce this section. Any ‘‘(viii) the economic costs of the use of the best 1990. court before which such an action is brought management practice. (a) AQUATIC NUISANCE SPECIES IN WATERS OF may award appropriate relief, including tem- ‘‘(C) TIMING.—The Administrator shall— THE UNITED STATES.—Effective on the date of porary or permanent injunctions and civil pen- ‘‘(i) make initial determinations under sub- issuance of final regulations under section alties. paragraph (A) not later than 1 year after the 321(b) of the Federal Water Pollution Control ‘‘(4) EXCLUSION.—No person shall be found in date of enactment of this subsection; and Act (as added by this title), section 1101 of the violation of this section whose commission of ‘‘(ii) every 5 years thereafter— Nonindigenous Aquatic Nuisance Prevention prohibited acts is found by the Secretary to have ‘‘(I) review the determinations; and and Control Act of 1990 (16 U.S.C. 4711) is re- been in the interest of ensuring the safety of life ‘‘(II) if necessary, revise the determinations pealed. at sea. based on any new information available to the (b) RELATIONSHIP TO OTHER LAWS.—Effective ‘‘(p) REGULATION UNDER OTHER SECTIONS OF Administrator. on the date of enactment of this Act, section THIS ACT.—This section shall not affect the reg- ‘‘(3) REGULATIONS FOR THE USE OF BEST MAN- 1205 of the Nonindigenous Aquatic Nuisance ulation of discharges from a commercial vessel AGEMENT PRACTICES.— Prevention and Control Act of 1990 (16 U.S.C. pursuant to section 311 or 312.’’. ‘‘(A) IN GENERAL.—The Secretary of the de- 4725) is repealed. SEC. 703. DISCHARGES INCIDENTAL TO THE NOR- partment in which the Coast Guard is operating The CHAIR. No amendment to the MAL OPERATION OF A COVERED VES- shall promulgate regulations on the use of best amendment in the nature of a sub- SEL. management practices for discharges incidental (a) DISCHARGES INCIDENTAL TO THE NORMAL to the normal operation of a covered vessel that stitute made in order as original text OPERATION OF A COVERED VESSEL.— the Administrator determines are reasonable shall be in order except those printed (1) NO PERMIT REQUIRED.—Section 402 of the and practicable to develop under paragraph (2). in House Report 112–267 and amend- Federal Water Pollution Control Act (33 U.S.C. ‘‘(B) REGULATIONS.— ments en bloc described in section 3 of 1342) is amended by adding at the end the fol- ‘‘(i) IN GENERAL.—The Secretary shall promul- House Resolution 455. lowing: gate the regulations under this paragraph as Each amendment other than amend- ‘‘(s) DISCHARGES INCIDENTAL TO THE NORMAL soon as practicable after the Administrator OPERATION OF A COVERED VESSEL.—No permit ments en bloc may be offered only in makes determinations pursuant to paragraph the order printed in the report, by a shall be required under this Act by the Adminis- (2). Member designated in the report, shall trator (or a State, in the case of a permit pro- ‘‘(ii) CONSIDERATIONS.—In promulgating regu- gram approved under subsection (b)) for a dis- lations under this paragraph, the Secretary be considered as read, shall be debat- charge incidental to the normal operation of a may— able for the time specified in the re- covered vessel (as defined in section 312(p)).’’. ‘‘(I) distinguish among classes, types, and port, equally divided and controlled by (2) BEST MANAGEMENT PRACTICES FOR COV- sizes of vessels; the proponent and an opponent, shall ERED VESSELS.—Section 312 of the Federal Water ‘‘(II) distinguish between new and existing Pollution Control Act (33 U.S.C. 1342) is amend- not be subject to amendment, and shall vessels; and ed by adding at the end the following: not be subject to a demand for division ‘‘(III) provide for a waiver of the applicability ‘‘(p) BEST MANAGEMENT PRACTICES FOR COV- of the standards as necessary or appropriate to of the question. ERED VESSELS.— a particular class, type, age, or size of vessel. It shall be in order at any time for ‘‘(1) DEFINITIONS.—In this subsection, the fol- the chair of the Committee on Trans- lowing definitions apply: ‘‘(4) EFFECT OF OTHER LAWS.—This subsection ‘‘(A) COVERED VESSEL.—The term ‘covered shall not affect the application of section 311 to portation and Infrastructure or his des- vessel’ means every description of watercraft, or a covered vessel. ignee to offer amendments en bloc con- other artificial contrivance used or capable of ‘‘(5) PROHIBITION RELATING TO COVERED VES- sisting of amendments printed in being used as a means of transportation on SELS.—After the effective date of the regulations House Report 112–267 not earlier dis- water, that is engaged in commercial service (as promulgated by the Secretary of the department posed of. defined under section 2101 of title 46, United in which the Coast Guard is operating under Amendments en bloc offered pursu- paragraph (3), the owner or operator of a cov- States Code), and— ant to section 3 shall be considered ‘‘(i) is less than 79 feet in length; or ered vessel shall neither operate in, nor dis- ‘‘(ii) is a fishing vessel (as defined in section charge any discharge incidental to the normal read, shall be debatable for 10 minutes 2101 of title 46, United States Code), regardless operation of the vessel into navigable waters, if equally divided and controlled by the of length of the vessel. the owner or operator of the vessel is not using chair and ranking minority member of

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00028 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7363 the Committee on Transportation and Page 62, line 7, strike the period at the end mariners on the use of force against pirates. Infrastructure or their designees, shall and insert ‘‘; or’’. The program shall include— not be subject to amendment, and shall Page 62, after line 7, insert the following: ‘‘(1) information on waters designated as high-risk waters by the Commandant of the not be subject to a demand for division ‘‘(iii) a discharge into navigable waters from a commercial vessel when the commer- Coast Guard; of the question. cial vessel is operating in a capacity other ‘‘(2) information on current threats and The original proponent of an amend- than as a means of transportation on water. patterns of attack by pirates; ment included in such amendments en Page 64, line 3, strike ‘‘December 19, 2008,’’ ‘‘(3) tactics for defense of a vessel, includ- bloc may insert a statement in the and all that follows through the period at ing instruction on the types, use, and limita- CONGRESSIONAL RECORD immediately the end of line 5 and insert ‘‘February 6, tions of security equipment; before the disposition of the amend- 2009.’’. ‘‘(4) standard rules for the use of force for ments en bloc. Page 65, line 12, strike ‘‘point’’ and insert self defense as developed by the Secretary of ‘‘port or place’’. the department in which the Coast Guard is AMENDMENTS EN BLOC OFFERED BY MR. Page 65, line 22, insert ‘‘, if such system operating under section 912(c) of the Coast LOBIONDO does not introduce aquatic nuisance species Guard Authorization Act of 2010 (Public Law Mr. LOBIONDO. Mr. Chairman, I have into navigable waters, as determined by the 111–281; 46 U.S.C. 8107 note), including in- an en bloc amendment at the desk. Secretary in consultation with the Adminis- struction on firearm safety for crewmembers The CHAIR. The Clerk will designate trator’’ before the semicolon at the end. of vessels carrying cargo under section 55305 the amendments en bloc. Page 71, line 11, strike ‘‘this subparagraph’’ of this title; and Amendments en bloc consisting of and insert ‘‘clause (ii)(II)’’. ‘‘(5) procedures to follow to improve crew- amendment Nos. 1, 2, 11, 12, 14, 16, 17, Page 86, line 8, strike ‘‘guidelines speci- member survivability if captured and taken hostage by pirates.’’. and 18 printed in House Report 112–267: fying’’ and insert ‘‘requirements for’’. Page 87, beginning on line 6, strike ‘‘this (b) DEADLINE.—The Secretary of Transpor- AMENDMENT NO. 1 OFFERED BY MR. LOBIONDO section for’’ and all that follows through the tation shall establish the program required OF NEW JERSEY period at the end of line 8 and insert the fol- under the amendment made by subsection (a) by no later than 180 days after the date of en- Page 18, line 13, strike ‘‘section 569a’’ and lowing: ‘‘this section for— actment of this Act. insert ‘‘section 569a(a) for the sixth national ‘‘(A) a commercial vessel having a max- (c) CLERICAL AMENDMENT.—The analysis at security cutter and section 569a for the sev- imum ballast water capacity of less than 8 cubic meters; and the beginning of such chapter is amended by enth national security cutter’’. adding at the end the following new item: Page 40, before line 7, insert the following: ‘‘(B) a commercial vessel that is 3 years or fewer from the end of its useful life, as deter- ‘‘51705. Training program for use of force SEC. 409. AUTHORITY TO EXTEND THE DURATION against piracy.’’. OF MEDICAL CERTIFICATES. mined by the Secretary pursuant to sub- SEC. 804. SECURITY OF GOVERNMENT IMPELLED (a) IN GENERAL.—Chapter 75 of title 46, section (b)(2)(B)(v). Page 87, line 24, strike ‘‘Subsections (c), CARGO. United States Code, is amended by adding at Section 55305 of title 46, United States the end the following: (e), and (i)’’ and insert ‘‘Subsection (c)’’. Page 88, beginning on line 2, strike ‘‘, as Code, is amended by adding at the end the ‘‘§ 7508. Authority to extend the duration of determined by the Secretary, in consultation following new subsection: medical certificates ‘‘(e) SECURITY OF GOVERNMENT IMPELLED with the Administrator’’. CARGO.— ‘‘(a) GRANTING OF EXTENSIONS.—Notwith- Page 88, line 7, insert ‘‘, or an equivalent ‘‘(1) In order to assure the safety of vessels standing any other provision of law, the Sec- restriction, as determined by the Secretary, and crewmembers transporting equipment, retary may extend for not more than one issued by the country of registration of the materials, or commodities under this sec- year a medical certificate issued to an indi- commercial vessel’’ before the period. tion, the Secretary of Transportation shall vidual holding a license, merchant mariner’s Page 107, line 10, insert ‘‘, in consultation direct each department or agency (except document, or certificate of registry if the with the Administrator,’’ before ‘‘shall pro- the Department of Defense) responsible for Secretary determines that the extension is mulgate’’. the carriage of such equipment, materials, or required to enable the Coast Guard to elimi- Page 110, after line 18, add the following: nate a backlog in processing applications for commodities to provide armed personnel medical certificates or in response to a na- TITLE VIII—PIRACY aboard vessels of the United States carrying tional emergency or natural disaster. SEC. 801. SHORT TITLE. such equipment, materials, or commodities ‘‘(b) MANNER OF EXTENSION.—An extension This title may be cited as the ‘‘Piracy Sup- while transiting high-risk waters. under this section may be granted to indi- pression Act of 2011’’. ‘‘(2) The Secretary of Transportation shall vidual seamen or a specifically identified SEC. 802. REPORT ON ACTIONS TAKEN TO PRO- direct each such department or agency to re- group of seamen.’’. TECT FOREIGN-FLAGGED VESSELS imburse, subject to the availability or appro- (b) CLERICAL AMENDMENT.—The analysis at FROM PIRACY. priations, the owners or operators of such the beginning of such chapter is amended by Not later than 180 days after the date of vessels for the cost of providing armed per- adding at the end the following: enactment of this Act, the Secretary of De- sonnel. ‘‘7508. Authority to extend the duration of fense, in consultation with the Secretary of ‘‘(3) For the purposes of this subsection, medical certificates.’’. the department in which the Coast Guard is the term ‘high-risk waters’ means waters so operating, shall provide to the Committee on designated by the Commandant of the Coast Page 56, after line 3, insert the following: Armed Services and the Committee on Guard in the Port Security Advisory in ef- SEC. 612. REPORT ON SURVIVAL CRAFT. Transportation and Infrastructure of the fect on the date on which the voyage be- (a) REPORT.—Not later than 180 days after House of Representatives and the Committee gins.’’. the date of enactment of this Act, the Com- on Armed Service and the Committee on SEC. 805. GAO STUDY. mandant of the Coast Guard shall submit to Commerce, Science, and Transportation of Not later than 1 year after the date of en- the Committee on Transportation and Infra- the Senate a report on actions taken by the actment of this Act, the Comptroller General structure of the House of Representatives Secretary of Defense to protect foreign- of the United States shall report to the Com- and the Committee on Commerce, Science, flagged vessels from acts of piracy on the mittee on Transportation and Infrastructure and Transportation of the Senate a report on high seas. The report shall include— of the House of Representatives and the the carriage of survival craft that ensures no (1) the total number of incidents for each Committee on Commerce, Science, and part of an individual is immersed in water. of the fiscal years 2008 through 2011 in which Transportation of the Senate on efforts to (b) CONTENT.—The report shall include in- a member of the armed services or an asset track ransom payments paid to pirates oper- formation on— under the control of the Secretary of Defense ating in the waters off Somalia and improve (1) the number of casualties as the result of was used to interdict or defend against an the prosecution of such pirates. The report immersion in water by vessel type and area act of piracy directed against any vessel not shall include— of operation reported to the Coast Guard for documented under the laws of the United (1) the status of Working Group 5 of the each of fiscal years 1991 through 2011; States; and Contact Group on Piracy Off the Somali (2) the effect the carriage of such survival (2) the total cost for each of the fiscal Coast, any efforts undertaken by the Work- craft has on vessel safety, including stability years 2008 through 2011 for such incidents. ing Group, and recommendations for improv- and safe navigation; ing the Working Group’s effectiveness; SEC. 803. TRAINING PROGRAM FOR USE OF (2) efforts undertaken by the United States (3) the efficacy of alternative safety sys- FORCE AGAINST PIRACY. tems, devices, or measures; and Government to implement and enforce Exec- (a) IN GENERAL.—Chapter 517 of title 46, (4) the cost and cost-effectiveness of re- utive Order 13536, including recommenda- United States Code, is amended by adding at quiring the carriage of such survival craft on tions on how to better implement that order the end the following new section: vessels. to suppress piracy; Page 58, line 15, after ‘‘technology’’ insert ‘‘§ 51705. Training program for use of force (3) efforts undertaken by the United States ‘‘to reduce or eliminate aquatic invasive spe- against piracy Government to track ransom payments cies’’. ‘‘The Secretary of Transportation shall es- made to pirates operating off the coast of So- Page 62, line 2, strike ‘‘or’’ at the end. tablish a training program for United States malia, the effectiveness of those efforts, any

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00029 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7364 CONGRESSIONAL RECORD — HOUSE November 4, 2011 operational actions taken based off those ef- ‘‘(i) the reasons the waiver is necessary; ‘‘(3) A guarantee from the offeror that jobs forts, and recommendations on how to im- and created or retained in the United States as a prove such tracking; ‘‘(ii) the reasons actions referred to in result of the contract being awarded to the (4) actions taken by the United States Gov- paragraph (2)(A) are not feasible.’’. offeror will not be moved outside the United ernment to improve the international pros- AMENDMENT NO. 14 OFFERED BY MR. MCCAUL OF States after award of the contract. ecution of pirates captured off the coast of TEXAS ‘‘(c) USE IN EVALUATION.—The Secretary Somalia; and At the end of title IV of the committee may consider information in a jobs impact (5) an update on the United States Govern- print, add the following: statement in the evaluation of an offer relat- ing to a Coast Guard contracting oppor- ment’s efforts to implement the rec- SEC. 409. CLASSIFICATION SOCIETIES. ommendation contained in General Account- Section 3316 of title 46, United States Code, tunity and may request further information ability Office report GAO–10–856, entitled is amended— from the offeror in order to verify the accu- ‘‘Maritime Security: Actions Needed to As- (1) in subsection (b)(2)— racy of any such information submitted. sess and Update Plan and Enhance Collabo- (A) by striking ‘‘and’’ at the end of sub- ‘‘(d) ASSESSMENT.—With respect to a con- ration among Partners Involved in Coun- paragraph (A); tract awarded to an offeror that submitted a tering Piracy off the Horn of Africa’’, that (B) by striking the period at the end of jobs impact statement, the Secretary shall metrics should be established for measuring subparagraph (B) and inserting ‘‘; and’’; and track the number of jobs created or retained the effectiveness of counter piracy efforts. (C) by adding at the end the following: in the United States as a result of the con- AMENDMENT NO. 2 OFFERED BY MR. SHULER OF ‘‘(C) if the Secretary of State determines tract. If the number of jobs estimated to be NORTH CAROLINA that the foreign classification society does created or retained in the jobs impact state- ment significantly exceeds the number of Page 18, line 10, insert ‘‘(a) IN GENERAL.— not provide comparable services in or for a jobs created or retained as a result of the ’’ before ‘‘With respect to’’. state sponsor of terrorism.’’; Page 18, line 24, strike the closing (2) in subsection (d)(2)— contract, the Secretary may evaluate wheth- quotation marks and the final period. (A) by striking ‘‘and’’ at the end of sub- er the contractor should be proposed for de- Page 18, after line 24, insert the following: paragraph (A); barment. ‘‘(e) REPORTS.—Not later than 1 year after ‘‘(b) USE OF MATERIALS, PARTS, AND COMPO- (B) by striking the period at the end of the date of enactment of this section, and NENTS MANUFACTURED IN THE UNITED subparagraph (B) and inserting ‘‘; and’’; and annually thereafter, the Secretary shall sub- STATES.—In entering into contracts and (C) by adding at the end the following: mit to Congress a report describing the use placing orders under subsection (a), the Com- ‘‘(C) if the Secretary of State determines by the Secretary of jobs impact statements mandant shall give priority to persons that that the foreign classification society does in evaluating offers relating to Coast Guard manufacture materials, parts, and compo- not provide comparable services in or for a contracting opportunities.’’. nents in the United States.’’. state sponsor of terrorism.’’; and (b) CLERICAL AMENDMENT.—The analysis at AMENDMENT NO. 11 OFFERED BY MR. MCINTYRE (3) by adding at the end the following: the beginning of such chapter is further OF NORTH CAROLINA ‘‘(e) The Secretary shall revoke an existing delegation made to a foreign classification amended by adding at the end of the items Page 30, line 18, strike ‘‘; and’’ and insert a relating to such subchapter the following: semicolon. society under subsection (b) or (d) if the Sec- Page 30, line 21, strike the period and in- retary of State determines that the foreign ‘‘569c. Consideration of information relat- sert ‘‘; and’’. classification society provides comparable ing to employment when awarding con- Page 30, after line 21, insert the following: services in or for a state sponsor of ter- tracts.’’. (4) coordinate with local businesses to pro- rorism. AMENDMENT NO. 17 OFFERED BY MS. BROWN OF mote an efficient marine transportation sys- ‘‘(f) In this section, the term ‘state sponsor FLORIDA tem. of terrorism’ means any country the govern- At the end of title VI, add the following: ment of which the Secretary of State has de- AMENDMENT NO. 12 OFFERED BY MR. CUMMINGS termined has repeatedly provided support for SEC. 612. REQUIREMENT OF CORPS. OF MARYLAND acts of international terrorism pursuant to The Secretary of the Army, acting through At the end of title IV of the committee section 6(j) of the Export Administration Act the Chief of the Corps of Engineers, shall print, add the following: of 1979 (as continued in effect under the continue to study the project related to the SEC. 409. IDENTIFICATION OF ACTIONS TO EN- International Emergency Economic Powers Jacksonville Port Authority in Jacksonville, ABLE QUALIFIED UNITED STATES Act), section 620A of the Foreign Assistance Florida, without applying any additional FLAG CAPACITY TO MEET NATIONAL Act of 1961, section 40 of the Arms Export peer reviews described by section 2034 of the DEFENSE REQUIREMENTS. Control Act, or any other provision of law.’’. Water Resources Development Act of 2007 (33 (a) IDENTIFICATION OF ACTIONS.—Section U.S.C. 2343). 501(b) of title 46, United States Code, is AMENDMENT NO. 16 OFFERED BY MR. MURPHY OF CONNECTICUT AMENDMENT NO. 18 OFFERED BY MR. RIBBLE OF amended— WISCONSIN (1) by inserting ‘‘(1)’’ before ‘‘When the Page 56, after line 3, insert the following Page 58, strike lines 18 through 24 and in- head’’; and (and conform the table of contents accord- sert the following: (2) by adding at the end the following: ingly): ‘‘(2) The Administrator of the Maritime SEC. 612. CONSIDERATION OF INFORMATION RE- ‘‘(7) COMMERCIAL VESSEL.—The term ‘com- Administration shall— LATING TO EMPLOYMENT WHEN mercial vessel’ means every description of ‘‘(A) in each determination referred to in AWARDING CONTRACTS. watercraft, or other artificial contrivance paragraph (1), identify any actions that (a) IN GENERAL.—Subchapter I of chapter used or capable of being used as a means of could be taken to enable qualified United 15 of title 14, United States Code, is further transportation on water— States flag capacity to meet national de- amended by adding at the end the following: ‘‘(A) that is engaged in commercial service fense requirements; ‘‘§ 569c. Consideration of information relating (as defined under section 2101 of title 46, ‘‘(B) provide each such determination to to employment when awarding contracts United States Code); or the Secretary of Transportation and the ‘‘(a) JOBS IMPACT STATEMENTS.—The Sec- ‘‘(B) that is owned or operated by the head of the agency referred to in paragraph retary, in issuing a solicitation for competi- United States, other than a vessel of the (1) for which the determination is made; and tive proposals with respect to a Coast Guard Armed Forces (as defined under section 312 of ‘‘(C) publish each such determination on contracting opportunity, shall state in the this Act). the Internet site of the Department of Trans- solicitation that the Secretary may consider The CHAIR. Pursuant to House Reso- portation within 48 hours after it is provided information (in this section referred to as a lution 455, the gentleman from New to the Secretary of Transportation. ‘jobs impact statement’)— Jersey (Mr. LOBIONDO) and the gen- ‘‘(3)(A) The Administrator of the Maritime ‘‘(1) that the offeror may include in its tleman from Washington (Mr. LARSEN) Administration shall notify the Committees offer; and each will control 5 minutes. on Appropriations and Transportation and ‘‘(2) that relates to the effect of the con- Infrastructure of the House of Representa- tract on employment in the United States if The Chair recognizes the gentleman tives and the Committees on Appropriations the contract is awarded to the offeror. from New Jersey. and Commerce, Science, and Transportation ‘‘(b) CONTENTS.—The information that may Mr. LOBIONDO. Mr. Chairman, I urge of the Senate— be included in a jobs impact statement may all Members to support the en bloc ‘‘(i) of any request for a waiver of the navi- include the following: amendment, and I reserve the balance gation or vessel-inspection laws under this ‘‘(1) The number of jobs expected to be cre- of my time. section not later than 48 hours after receiv- ated in the United States, or the number of Mr. LARSEN of Washington. Mr. ing the request; and jobs to be retained in the United States that Chairman, I yield myself such time as otherwise would be lost, if the contract is ‘‘(ii) of the issuance of any waiver of com- I may consume. pliance of such a law not later than 48 hours awarded to the offeror. after such issuance. ‘‘(2) The number of jobs expected to be cre- I rise in support of Mr. LOBIONDO’s ‘‘(B) The Administrator shall include in ated or retained in the United States by the manager’s amendment and appreciate each notification under subparagraph (A)(ii) subcontractors expected to be used by the of- its consideration en bloc with other an explanation of— feror in the performance of the contract. amendments.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00030 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7365 In general, the amendment provides Mr. GENE GREEN of Texas. Mr. Chair, I mitment to diligent oversight that helpful technical and clarifying rise in support of the McCaul Amendment to characterizes his leadership of the sub- changes to the underlying committee the Coast Guard and Maritime Transportation committee. print which will improve the bill. In Act. I wish we had been able to reach an particular, the provision that grants For over 75 years, the Jones Act allowed agreement on the issue at hand, but as the Coast Guard discretionary author- only one non-governmental organization, the that has not been possible, I’m offering ity to extend the duration of medal American Bureau of Shipping (ABS), a not-for- this amendment to strike section 301(a) certificates is important because it profit marine classification society located in of the bill. Section 301(a) would elimi- will help ensure that mariners are not my district in Houston, the authority to review nate provisions included in the Coast left on the dock simply because of ad- and inspect U.S. flagged vessels on behalf of Guard authorization of 2010 that I au- ministrative backlogs within the Coast the U.S. Coast Guard. thored to establish an ombudsman in Guard preventing the timely issuance In 1996, Congress expanded this authority each Coast Guard district. The district of new certificates. to allow foreign-based classification societies ombudsmen are intended to serve as li- Also I support the inclusion of the to perform similar tasks. aisons between the Coast Guard and amended version of Chairman Today, five foreign classification societies ports, terminal operators, ship owners, LOBIONDO’s piracy legislation, H.R. act as Agents of our government on behalf of and labor representatives. The ombuds- 2039, the Piracy Suppression Act of the Coast Guard. men will enable these stakeholders to 2011, and expect that it will help to Unfortunately, four of these foreign organi- seek further review of disputes regard- strengthen our efforts abroad to ad- zations also act as Agents of the Islamic Re- ing the application of the Coast Guard dress the growing threat piracy poses public of Iran in the review and inspection of regulations. Iranian flagged vessels. to maritime commerce. Let me be clear that the provisions In regards to additional amendments These foreign-based classification societies creating the ombudsman specifically in the en bloc, Mr. SHULER’s Amend- also continue to have business interest with, provide that ‘‘the district ombudsman ment No. 2 is an important one and en- and often operate within, other rogue nations shall not provide assistance with re- courages all federal agencies certainly and state sponsors of terrorism. spect to a dispute unless it involves the to enter into contracts and buy prod- I support the McCaul Amendment, which impact of Coast Guard requirements on ucts produced in the U.S., creating jobs would close this loophole in our laws and send port business and the flow of com- for Americans, and the Coast Guard a clear message to foreign-based classifica- merce.’’ should be no exception. tion societies that you must choose to work With regards to Mr. CUMMINGS’ with the United States or work with state spon- The provisions further clarify that in amendment, I am certainly supportive sors of terrorism, such as Iran. providing such assistance, the district of that. It mirrors H.R. 3202. Waivers I ask my colleagues on both sides of the ombudsman shall give priority to com- granted by the Maritime Administra- aisle to support the word and spirit of the Ira- plaints brought by petitioners who be- tion this past summer to allow foreign- nian sanctions regime that this Chamber has lieve they will suffer a significant flagged vessels to transport oil from supported time and again, and vote in favor of hardship as a result of implementing the Strategic Petroleum Reserve to this amendment. the Coast Guard requirement. other areas in U.S. territorial waters The CHAIR. The question is on the raised legitimate concerns that the ad- amendments en bloc offered by the b 1220 gentleman from New Jersey (Mr. ministrative waiver process lacked I authored the provisions creating LOBIONDO). transparency and accountability. This the ombudsman at the request of the amendment would establish new notice The amendments en bloc were agreed to. port community, which approached me and justification requirements for seeking another mechanism to engage AMENDMENT NO. 3 OFFERED BY MR. CUMMINGS waivers of our Coast Guard’s laws and with the Coast Guard to ensure that The CHAIR. It is now in order to con- would help to ensure that our mer- the application of regulations achieves sider amendment No. 3 printed in chant fleet is not unnecessarily dis- critical safety and security objectives House Report 112–267. advantaged in the future. while having the least possible impact With regards to Mr. MURPHY’s Mr. CUMMINGS. Mr. Chairman, I on commerce. amendment, the gentleman from Con- have an amendment at the desk. necticut, I can think of no reason why The CHAIR. The Clerk will designate Many Members of Congress, and par- it would not be appropriate for the the amendment. ticularly those on the other side of the Coast Guard, when it is soliciting for The text of the amendment is as fol- aisle, profess that limiting the power of competitive proposals, to also seek op- lows: government and ensuring that busi- tional job impact statements from Page 19, beginning on line 7, strike sub- nesses are not burdened by inappro- these companies bidding on the con- section (a) (and redesignate the succeeding priate regulations are among their top tract. This will allow the contract offi- subsections accordingly). priorities. Given these priorities and cer to assess not only cost compari- The CHAIR. Pursuant to House Reso- given the need to ensure that regula- sons, but also job creation comparisons lution 455, the gentleman from Mary- tions do not threaten commerce or when making an award and would serve land (Mr. CUMMINGS) and a Member op- jobs, I am frankly quite deeply sur- the interests of both the Federal Gov- posed each will control 5 minutes. prised that the majority would seek to ernment and the offerer. This would The Chair recognizes the gentleman eliminate a provision that specifically appear to me to be a good way at little from Maryland. provides businesses with an avenue or not cost to better leverage the job- Mr. CUMMINGS. Mr. Chairman, I through which they can seek changes creating potential of contracts awarded yield myself such time as I may con- in regulatory decisions in an effort to by the Coast Guard. And certainly I sume. improve their businesses. want to thank the chairman for includ- I appreciate the work of Chairman Let me also be clear that I under- ing Mr. MURPHY’s amendment into the LOBIONDO and Chairman MICA and, of stand that the Coast Guard has not yet en bloc amendment. course, our ranking member, Mr. appointed any ombudsman—and I know Mr. Chair, certainly there are a few LARSEN, and the ranking member, Mr. that the service would probably prefer other amendments that folks can speak RAHALL. I appreciate the effort that never to appoint an ombudsman be- to at the time that they wish, but we they put into this Coast Guard reau- cause they would prefer that their reg- have no objection to the en bloc, and thorization. ulatory decisions not be challenged. we encourage its support and its pas- I also appreciate the close working That said, rather than eliminating the sage. relationship I have with the chairman, requirement that the Coast Guard ap- With that, I yield back the balance of Mr. LOBIONDO. During my tenure as point an ombudsman, I believe that my time. chairman of the Coast Guard and Mari- this authority should be implemented Mr. LOBIONDO. I urge support of the time Transportation Subcommittee, he quickly to give businesses the oppor- amendment, and I yield back the bal- served as my ranking member, and now tunity to improve the application of ance of my time. that he is chair, I appreciate the com- Coast Guard regulations.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00031 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7366 CONGRESSIONAL RECORD — HOUSE November 4, 2011 Finally, let me also explain that this man program to continue so that we such section 182 (as amended by subsection provision does not require any new per- might be better able to get a fair eval- (a) of this section). sonnel to be hired. The statutory lan- uation of the program in the future. The Secretary is hereby authorized to take guage is clear, and staff have recon- Mr. CUMMINGS. I yield back the bal- any additional action the Secretary believes firmed with the Coast Guard that the ance of my time. necessary and proper to provide for the tran- position of ombudsman could be a col- Mr. LOBIONDO. Mr. Chairman, I sition to the nomination, selection, and ap- lateral duty that a qualified staff mem- yield back the balance of my time. pointment process provided under this sec- tion. ber performs in addition to their other The CHAIR. The question is on the duties. This is not my ideal arrange- amendment offered by the gentleman The CHAIR. Pursuant to House Reso- ment, but I raise this point so that it is from Maryland (Mr. CUMMINGS). lution 455, the gentleman from Mis- clear that the implementation of this The question was taken; and the sissippi (Mr. THOMPSON) and a Member provision does not require the Coast Chair announced that the noes ap- opposed each will control 5 minutes. Guard to hire new staff members. peared to have it. The Chair recognizes the gentleman I urge all Members who are con- Mr. CUMMINGS. Mr. Chairman, I de- from Mississippi. cerned about the impact that undue mand a recorded vote. Mr. THOMPSON of Mississippi. Mr. regulatory burdens may have on com- The CHAIR. Pursuant to clause 6 of Chairman, I yield myself such time as merce to join me in supporting this rule XVIII, further proceedings on the I may consume. amendment. amendment offered by the gentleman My amendment would allow Members I reserve the balance of my time. from Maryland will be postponed. of Congress to nominate qualified can- Mr. LOBIONDO. Mr. Chairman, I AMENDMENT NO. 4 OFFERED BY MR. THOMPSON didates for admission to the U.S. Coast claim the time in opposition. OF MISSISSIPPI The CHAIR. The gentleman from Guard Academy. The CHAIR. It is now in order to con- Located in New London, Connecticut, New Jersey is recognized for 5 minutes. sider amendment No. 4 printed in Mr. LOBIONDO. I want to thank the the Coast Guard Academy is one of the House Report 112–267. gentleman from Maryland for his kind five prestigious U.S. service academies. Mr. THOMPSON of Mississippi. Mr. comments. And it is correct, we’ve had The others are the Military Academy Chairman, I have an amendment at the an outstanding working relationship. in West Point, New York; the Naval desk. We’ve been able to come together on Academy in Annapolis, Maryland; the The CHAIR. The Clerk will designate many issues and share a lot of informa- Air Force Academy in Colorado the amendment. tion that has helped us both come to a Springs, Colorado; and the Merchant The text of the amendment is as fol- better conclusion. Marine Academy in Kings Point, New Unfortunately, in even great rela- lows: York. tionships sometimes there is some dis- At the end of title II, add the following: These service academies provide 4- agreement. It’s an honest disagreement SEC. 2ll. ACADEMY NOMINATIONS. year undergraduate educations on a on how we should proceed. I understand (a) APPOINTMENT.—Subsection (a) of sec- tuition-free basis to help mold talented the gentleman’s argument, but I be- tion 182 of title 14, United States Code, is amended to read as follows: young people into the Nation’s future lieve that the provision is duplicative ‘‘(a) NOMINATIONS.— leaders. Upon graduation, service acad- and costly. The implementation of this ‘‘(1) Half of each incoming class, beginning emy cadets become commissioned offi- language I think will worsen the chal- with academic year 2014, shall be composed cers in active or reserve components of lenges for the Coast Guard at a time of cadets nominated by: the military, the Merchant Marines, or when they’re facing very difficult ‘‘(A) The Vice President or, if there is no the U.S. Coast Guard. money constraints. We’ve heard the Vice President, by the President pro tempore Under current law, Members of Con- of the Senate. talk about how they don’t have the re- gress are authorized to nominate can- sources to do what they need to do, and ‘‘(B) A Senator. ‘‘(C) A Representative in Congress. didates to all U.S. service academies we have to worry about their critical ‘‘(D) The Delegate to the House of Rep- except the U.S. Coast Guard Academy. missions being able to be conducted. resentatives from the District of Columbia, The Coast Guard Academy uses an ad- The Coast Guard does not support the the Delegate in Congress from the Virgin Is- missions process similar to the proc- adoption of this provision; they did not lands, the Resident Commissioner from esses used at traditional civilian col- last year. I, once again, want to thank Puerto Rico, the Delegate in Congress from leges and universities. the gentleman from Maryland for Guam, the Delegate in Congress from Amer- On an average, the Coast Guard ac- working so closely with me, but, unfor- ican Samoa, or the Resident Representative cepts almost 400 applicants each aca- tunately, I have to oppose this par- from the Commonwealth of the Northern demic year. Of those 400 applicants, a ticular amendment. Mariana Islands. disproportionate number hail from I reserve the balance of my time. Each Senator, Representative, and Delegate Mr. CUMMINGS. Mr. Chairman, I in Congress, including the Resident Commis- States that border the Atlantic and Pa- yield such time as he may consume to sioner and the Resident Representative, is cific Oceans. The rest of the country is the gentleman from Washington (Mr. entitled to nominate 3 persons each year. Ca- largely underrepresented. My amend- dets who do not graduate on time shall not ment seeks to foster greater geo- LARSEN), the ranking member of the count against the allocations pursuant to subcommittee. graphic diversity in the Coast Guard subparagraphs (A) through (D). Academy’s applicant pool by allowing Mr. LARSEN of Washington. I sup- ‘‘(2) An individual shall be qualified for port Mr. CUMMINGS’ amendment strik- nomination, selection, and appointment as a each Member of Congress to nominate ing the provision in the underlying bill cadet at the Academy only if the indi- up to three qualified candidates. Simi- that would eliminate the requirement vidual— lar language that I offered with the for the Coast Guard to establish om- ‘‘(A) is a citizen or national of the United gentleman from Maryland, Representa- budsmen in Coast Guard districts States; and tive CUMMINGS, was accepted by voice ‘‘(B) meets such minimum requirements around the country. vote during consideration of the 2012 that the Secretary may establish. Coast Guard authorization bill. I want In committee, Mr. CUMMINGS offered ‘‘(3) The Superintendent shall furnish to to recognize Representative CUMMINGS and subsequently withdrew his amend- any Member of Congress, upon the written ment in the hope that some com- request of such Member, the name of the as a cosponsor of my amendment and a promise could be reached. Because the Congressman or other nominating authority true partner in this effort. program is little more than a year old, responsible for the nomination of any named Under my amendment, for academic I suggest that it might be premature or identified person for appointment to the year 2013, the Coast Guard would be re- for Congress to repeal this new pro- Academy.’’ quired to allocate a quarter of the slots gram. But I certainly do want to recog- (b) TRANSITION.—With respect to the nomi- in the incoming class to qualified can- nation of individuals, pursuant to section 182 didates submitted through the congres- nize the work that Mr. CUMMINGS and of title 14, United States Code, who will ma- Mr. LOBIONDO did to try to find some triculate in academic program year 2013, not sional nomination process. In subse- accommodation. less than 25 percent of the class shall be from quent academic years, half of the slots But I do encourage people to support nominations made pursuant to subpara- would be filled through the congres- this amendment to allow the ombuds- graphs (A) through (D) of subsection (a)(1) of sional nomination process.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00032 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7367 My amendment does not require the ken, that we can draw from a wider the country from a wide variety of Coast Guard to alter or lower its selec- pool rather than just the bi-coastal communities and backgrounds simply tion criteria. To the contrary, it an- parts of the United States of America. were not made aware either of the edu- ticipates that the Coast Guard will uti- What I would just say, why I stand cation that they could receive for free lize its criteria to select the best can- today in opposition is just that the in- at the Coast Guard Academy or the didates from the pool of Member-nomi- coming class is also a small class. It’s unique service opportunities available nated candidates to fill half of the slots 288 cadets. If you sort of just try and do in the Coast Guard. in the incoming class, just as it will do the math in terms of a body of 435 I’m very proud to say that the Coast in filling the remaining slots in the Members of the House, 100 in the Sen- Guard has begun making that effort, other half of the class. ate, and even with the 25 percent safe- and they are now beginning to realize Additionally, my amendment does guard that Mr. THOMPSON thoughtfully the promise that our Nation’s diversity not require the Coast Guard to increase added to this amendment, I think it represents. As a result of what I know class sizes; that’s a decision for the really would just be a cumbersome add- has been a tremendous effort, 34 per- Coast Guard. At its essence, it seeks to on to a process that really, again, is ac- cent of the Coast Guard’s Academy’s ensure that the Coast Guard attracts tively engaged. class of 2015 is comprised of minority the best candidates from all over the Admiral Sandra Stotz is the new su- students, nearly triple the percentage country by increasing the applicant perintendent at the academy, the first of minorities in the class of 2012. pool. female superintendent of a military I believe that implementing a nomi- Each of us has experienced the dis- academy in American history. And I nations process at the Coast Guard appointment of having a talented can just attest to the fact, having met Academy, something that I proposed young person that we nominated to one with her on a number of occasions along with Mr. THOMPSON during our of the four other service academies re- since she just started this past fall, she consideration of previous Coast Guard jected. We all understand that it’s a is focused like a laser beam in terms of authorizations, will help continue and very competitive process and slots are making sure that the great work that advance the achievements of the Coast scarce. I, for one, would welcome the was started over the last 2 years or so Guard. opportunity to bring that person to the is going to continue. Mr. LOBIONDO. Mr. Chairman, I attention of the Coast Guard Academy And Members can be part of that. We yield back the balance of my time. and help put him or her on a path to can all, again, go out and talk to high Mr. LARSEN of Washington. Mr. Chair, I schools, put it on our Web sites, have accomplishing much for themselves, support Mr. THOMPSON’s amendment to insert their families, and the Nation. Coast Guard cadets act as interns in a congressional nomination process for admis- With that, I reserve the balance of our office, do what we can to make sion to the United States Coast Guard. my time. sure that this amazing institution This provision, which was included in Coast Mr. LOBIONDO. Mr. Chairman, I that, again, is just producing great Guard legislation that passed the House dur- claim time in opposition. leaders for the future of our country, ing the 111th Congress, would establish the The CHAIR. The gentleman from will draw on, again, the great diversity same process to allow Members of Congress New Jersey is recognized for 5 minutes. of our Nation, both geographical and the opportunity to nominate individuals for en- Mr. LOBIONDO. I appreciate what socially. trance into the Coast Guard Academy. So, again, I support the goal of this the gentleman from Mississippi is at- I realize that the Coast Guard does not sup- amendment. It’s just the mechanics tempting to do here; however, I don’t port the Congress imposing a nomination that, again, I would just respectfully think this is workable. Every Member process on the agency, but if it does result in rise in opposition and, again, pledge of Congress would, every 4 years, get to a more diverse workforce within the Coast that as someone who represents the nominate someone to the Coast Guard Guard, we will all be better for it, including the New London district, will continue to Academy. I send a number of qualified Coast Guard, too. young people in that direction every work with the proponents to make sure year. And the Coast Guard strongly op- that the good progress that’s been CONGRESSIONAL NOMINATIONS AT THE COAST GUARD ACADEMY poses this amendment. made over the last couple of years or so I yield such time as he may consume will continue. VOTE ‘‘YES’’ ON THE THOMPSON AMENDMENT TO H.R. 2838 to the gentleman from Connecticut Mr. THOMPSON of Mississippi. Mr. The following list is of States and Terri- (Mr. COURTNEY). Chairman, I yield such time as he may Mr. COURTNEY. Mr. Chairman, I consume to the gentleman from Mary- tories where no applicants were accepted for the incoming Coast Guard Academy Class of land (Mr. CUMMINGS). rise in opposition to this amendment. 2015—Arkansas, Delaware, Louisiana, Mis- First of all, I just want to salute the Mr. CUMMINGS. I want to thank the sissippi, Montana, North Dakota, Oregon, amazing effort by Representative gentleman from Mississippi. Thank you South Dakota, Vermont, American Samoa, CUMMINGS and Representative THOMP- for your leadership and thank you for Puerto Rico, U.S. Virgin Islands. SON over the last 4 or 5 years to really, your kind words. Prepared by the House Committee on I think, profoundly change behavior at I’m truly amazed by what the Coast Homeland Security, Democratic Staff, No- the Academy’s admissions office in Guard is able to accomplish, particu- vember 4, 2011. terms of forcing them to widen the larly given the limits of its budget. But The CHAIR. The question is on the scope of their search for qualified stu- I remain the Coast Guard’s biggest sup- amendment offered by the gentleman porter. dents all across America. In the incom- from Mississippi (Mr. THOMPSON). During my tenure as chairman, I also ing class this year, we have students The question was taken; and the had the opportunity to be the service’s who hail from 48 States. We have 31 Chair announced that the noes ap- most constructive critic. Among the percent female cadets starting this peared to have it. many areas where I pushed the Coast year and 21 percent minority. Mr. THOMPSON of Mississippi. Mr. Guard to set and achieve higher goals Chairman, I demand a recorded vote. b 1230 was the area of diversity. Data pre- As both of the gentlemen who are the sented to the subcommittee showed The CHAIR. Pursuant to clause 6 of proponents of this amendment know, that minorities comprised approxi- rule XVIII, further proceedings on the that is a stark contrast to the situa- mately 12 percent of the class of 2012 amendment offered by the gentleman tion that existed a short time ago. And and just 16 percent of the class of 2013. from Mississippi will be postponed. I think, again, it is partly due to their By comparison, approximately 35 per- AMENDMENT NO. 5 OFFERED BY MR. PALAZZO external pressure, but also the fact cent of the Naval Academy’s class of The CHAIR. It is now in order to con- that the Coast Guard Academy’s lead- 2013 is comprised of minorities. And the sider amendment No. 5 printed in ership took the challenge and has real- tremendous gains in diversity achieved House Report 112–267. ly been, I think, actively recruiting all by the United States Naval Academy Mr. PALAZZO. Mr. Chairman, I have across the country to achieve, again, suggested that the Coast Guard Acad- an amendment at the desk. what I think is a goal that the gen- emy’s outreach had been too limited. The CHAIR. The Clerk will designate tleman from Mississippi has well spo- And as a result, many students across the amendment.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00033 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7368 CONGRESSIONAL RECORD — HOUSE November 4, 2011 The text of the amendment is as fol- As you delay shipbuilding contracts, Our bipartisan amendment gives lows: labor costs and material costs go up as United States-flagged tuna vessels in Strike section 303 (and redesignate subse- a result of standard inflation. As these the western Pacific Ocean the option of quent sections, and conform the table of con- costs go up, the costs to the taxpayers using Guam in addition to American tents, accordingly). go up, called escalation. Samoa as their annual required port of Page 22, strike lines 10 through 14 and in- Simply put, by continuing steady sert the following: call in order to meet U.S. maritime production of this ship, we are saving SEC. 303. MAJOR ACQUISITIONS REPORT. regulations. (a) IN GENERAL.—Subchapter I of chapter the taxpayer money and creating a bet- This amendment would save the U.S. 15 of title 14, United States Code, is amended ter product for the Coast Guard. This tuna industry millions of dollars and by adding at the end the following: ship is extremely important to our Na- thousands of man-hours that are need- ‘‘§ 569a. Major acquisitions report tion’s industrial base which already lessly wasted being forced by the U.S. Page 25, strike line 12 and all that follows faces a serious challenge in a time of maritime regulations to travel 2,600 before line 16 and insert the following: tight budgets. miles out of their way to make port (b) CLERICAL AMENDMENT.—The analysis at National security cutters are respon- visits. the beginning of such chapter is amended by sible for 1,300 jobs in over 40 States adding at the end of the items relating to throughout the industrial base. In a The background is that the 2006 such subchapter the following: time of deep cuts, this means real Coast Guard Authorization Act allowed ‘‘569a. Major acquisitions report.’’. U.S.-flagged tuna vessels in the west- The CHAIR. Pursuant to House Reso- American jobs. We can’t afford for America to lose more in terms of eco- ern Pacific to use internationally li- lution 455, the gentleman from Mis- censed officers. sissippi (Mr. PALAZZO) and a Member nomic and national security. The con- tinued, uninterrupted production could opposed each will control 5 minutes. b 1240 The Chair recognizes the gentleman potentially save the taxpayers millions from Mississippi. of dollars per ship and approximately The international officer provision Mr. PALAZZO. Mr. Chairman, I yield 1,300 jobs across America. was created because maritime officers myself such time as I may consume. One of my greatest concerns remains in the western Pacific are primarily My amendment would strike section the purchase of long lead time mate- from western Pacific nations. U.S. 303 of the bill, which places harmful re- rials to ensure that we do not delay maritime unions were not opposed to strictions on the future contracting production in the future. I have spoken the provision. In order to meet the re- and construction of the United States with Mr. LOBIONDO today, and I believe quirements of that provision, the bill Coast Guard national security cutter. that we can find a solution to this has required tuna vessels to make an The national security cutter is a issue before or during the conference annual port call in American Samoa, much needed and extremely cost-effec- process. With the cooperation of the some 2,000 miles away. tive ship for the Coast Guard, and it Coast Guard and my friends on the In 2006, the tuna fleet in the region has actively proven its value through committee, I feel confident we can con- was very small at 12 boats. American highly successful counterdrug and tinue to deliver the best product to the Samoa had a market to process the fish other missions while replacing an Coast Guard at the best possible price for those boats. Since 2006, however, aging Coast Guard fleet. This is a ship to the taxpayer. the Coast Guard desperately needs and I am willing to withdraw my amend- the tuna fleet in the western Pacific replaces the 378-foot endurance cutters, ment. has grown to 38 vessels. most of which are 40 to 50 years old. Mr. LOBIONDO. Will the gentleman Mr. Chairman, approximately 25 of Just recently, the commandant of yield? those vessels supply fish to western Pa- the Coast Guard told the press, we Mr. PALAZZO. I yield to the gen- cific processors and then ship the fish can’t the get rest of those out soon tleman from New Jersey. product to California, to Georgia, to Il- enough. On average, the Coast Guard’s Mr. LOBIONDO. I want to thank the linois, to Puerto Rico for canning. legacy high-endurance cutters are able gentleman from Mississippi and assure These canneries provide thousands of to achieve approximately 140 of their him that we have discussed and we will U.S. jobs. These 25 vessels are still re- programmed 185 days under way a year. continue to work toward a common quired to travel over 2,600 miles to Maintenance costs continue to esca- goal which we both share. American Samoa and waste 7 days at late, and further delay of the transi- Mr. PALAZZO. Mr. Chairman, I ask sea. This costs each boat more than tion to national security cutters will unanimous consent to withdraw my half a million to make this unneces- only exacerbate challenges we are al- amendment. The CHAIR. Without objection, the sary trip. ready facing meeting fleet readiness gentleman’s amendment is withdrawn. The purpose of this amendment is to and mission requirements. This ship There was no objection. give these tuna boats the option of represents the centerpiece of the Coast AMENDMENT NO. 6 OFFERED BY MRS. stopping in Guam in order to meet the Guard fleet. NAPOLITANO requirement of visiting a U.S. port The first two national security cut- The CHAIR. It is now in order to con- once a year, while receiving marine in- ters are enabling the Coast Guard to sider amendment No. 6 printed in spection by the largest Coast Guard meet a wide range of missions now. House Report 112–267. sector station in the region. During initial deployment, the na- Mrs. NAPOLITANO. Mr. Chairman, I And, of course, Guam is very close to tional security cutters have netted have an amendment at the desk. the tuna fishing grounds. Guam’s Coast hundreds of millions of dollars in drug The CHAIR. The Clerk will designate Guard infrastructure and personnel are busts. In fact, the street value of co- the amendment. The text of the amendment is as fol- excellently equipped to provide these caine seized in the NSC’s first two de- tuna vessels with proper marine inspec- ployments alone exceeds the total cost lows: Page 47, line 10, strike ‘‘and’’ at the end. tion and safety review on a timely of building a national security cutter. basis. It is easy to see that this ship is an ex- Page 47, after line 10, insert the following: (2) in subsection (c) by inserting ‘‘or I urge all of my colleagues to support ceptional investment in our national Guam’’ before the period at the end; and security. this commonsense amendment which Page 47, line 11, strike ‘‘(2)’’ and insert will save our U.S. tuna industry mil- As it currently stands, H.R. 2838 ‘‘(3)’’. lions of dollars. The U.S. House of Rep- would prohibit the Coast Guard from The CHAIR. Pursuant to House Reso- resentatives is already on record sup- moving forward on NSC 6 and NSC 7. lution 455, the gentlewoman from Cali- porting this provision. The provision The $77 million pending in FY12 will fornia (Mrs. NAPOLITANO) and a Mem- was part of the Coast Guard authoriza- enable the Coast Guard to contract for ber opposed each will control 5 min- tion of 2009 that overwhelmingly long lead time materials and transition utes. to a planned construction contract in The Chair recognizes the gentle- passed this House. fiscal year ’13. This is the most cost-ef- woman from California. Mr. Chairman, I reserve the balance fective method of procuring and build- Mrs. NAPOLITANO. Mr. Chairman, I of my time. ing any ship, whether it’s for the Coast yield myself such time as I may con- Mr. LARSEN of Washington. I claim Guard, Navy or the Marine Corps. sume. the time in opposition.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00034 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7369 The CHAIR. The gentleman is recog- in foreign countries where workers Due to a shortage of licensed U.S. citizens nized for 5 minutes. there are paid only 60 cents an hour, as willing to serve as officers on U.S. tuna ves- Mr. LARSEN of Washington. I yield opposed to the only company that cur- sels, Mr. Burney and many of the individuals my time to the gentleman from Amer- now on the SPTC team sought my support rently buys the whole fish, which is for a provision which would allow the U.S.- ican Samoa (Mr. FALEOMAVAEGA). StarKist. They buy the whole fish, and flag distant water tuna fleet to employ inter- (Mr. FALEOMAVAEGA asked and it provides jobs for my district. nationally licensed personnel to serve as of- was given permission to revise and ex- Because of the global economic reces- ficers (except for the master). These individ- tend his remarks.) sion that we have experienced, and be- uals informed my office that this exemption Mr. FALEOMAVAEGA. I rise re- cause of the terrible tsunami and was necessary to keep American Samoa’s spectfully in opposition to the gentle- earthquake that was subjected to my economy stable and our canneries oper- lady’s proposed amendment. people 2 years ago, one of the proc- ational given that the Territory’s private Mr. Chairman, perhaps unknown to sector economy is more than 80% dependent, essing companies, Chicken of the Sea, directly or indirectly, on the U.S. fishing and many of my colleagues of the House, just took off after making billions of processing industries. for more than 50 years my little dis- dollars worth of canned tuna in my lit- I was also informed that this provision was trict of American Samoa has been the tle district, leaving the economy of my necessary to build up the fishing fleet which backbone of the U.S. tuna fishing and territory a disaster. had dwindled to about 12 or 14 boats. No processing industries, just like Puerto What has happened is that there is boats meant no fish to American Samoa’s Rico and the U.S. Virgin Islands have canneries and no fish meant no canneries. another added feature of this whole So, for the benefit of American Samoa, been the backbone of the rum industry. problem with the tuna industry. We language was inserted in the Senate to ac- Today, the U.S. tuna processing in- have what is now pending, the U.S. Re- commodate an exemption. However, because dustry includes three major brands of gional Tuna Fishing Treaty with 16 Congress intended the provision to help canned tuna, namely, Bumble Bee, other Pacific island countries. Part of American Samoa’s canneries and economy, Chicken of the Sea, and StarKist. the problem that came out of this trea- the provision stipulated that the exemption Bumble Bee was formerly owned by a ty arrangement was, because the tuna would only apply to tuna vessels home- Canadian company, then purchased by ported in American Samoa. fishing fleet at the time felt that be- Because of the uniqueness of the provision, U.S. investors and is now resold to an cause tuna was a highly migratory Congress also limited the provision to 48 investment group from Great Britain. fish, they could go anywhere in the months and set an expiration date of July 10, Chicken of the Sea continues and has world and fish regardless of what the 2010. Within that 48-month time period, it always been a subsidiary company of EEZ zones of these countries are. Well, was my understanding that the U.S. Tuna Thai Union, which currently is the they tried that in Latin America and Foundation and the individuals who are now world’s largest producer of canned we had our vessels confiscated. So what part of the SPTC team would work to estab- tuna. happens? Our tuna fishing fleet moved lish a program to train U.S. citizens and Na- StarKist was formerly a subsidiary tionals to serve as officers but this promise on to the western Pacific; and it was in was not kept. company of Heinz Foods Corporation that one incident that one of our ves- Also, last year, without consultation, out of Pittsburgh, Pennsylvania, then sels was confiscated by this little is- SPTC’s lobbyist sought to broaden the ex- was sold to Del Monte out of San Fran- land country called the Solomon Is- emption to allow tuna vessels home-ported cisco, and it was purchased by the lands, and the whole thing went up in in Guam or CNMI to receive the same crew Dongwon Company out of South Korea. the air. exemption as tuna vessels home-ported in All three of these major tuna proc- It was necessary that then-Secretary American Samoa. Although SPTC failed in essor companies have corporate offices of State George Shultz and Mr. its attempt, it called into question SPTC’s in Pittsburgh and in San Diego. How- motive for broadening an exemption since Negroponte came in and this was how neither CNMI nor Guam have a tuna indus- ever, their methods of processing and we started having this regional tuna try. I believe SPTC’s motive is easily ex- canning of tuna are quite different, fishing treaty for and on behalf of the plained by a brief overview of the U.S. tuna along with the manner in which our benefit of our tuna fishing fleet. And fishing fleet. U.S. tuna fishing fleet has been oper- this is how we tried to do to make sure The U.S. Tuna Fishing Fleet ating given the tremendous change that there is a constant supply of tuna The U.S. tuna fishing fleet is currently now taking place in the entire global that could be brought in to be proc- made up of about 39 vessels, with one license tuna industry. essed, the whole fish, by the two proc- still available. About 14 of these vessels are I want to say that I have the utmost essing plants that we have in American 100% U.S. owned. The other 25 tuna boats are respect for my good friend, the gentle- Samoa. This is no longer the case. newer vessels, built in foreign countries, with 51% U.S. ownership, and 49% foreign- lady from California, and out of prin- I respectfully ask my colleagues, ciple, I just want to respectfully say ownership. Most of the foreign-built boats vote down this proposed amendment. are part of a company known as the South there are some very unique features of CONGRESS OF THE UNITED STATES, Pacific Tuna Corporation (SPTC). the situation and why I respectfully HOUSE OF REPRESENTATIVES, Mr. Chris Lischewski, CEO and former oppose the amendment. Washington, DC, February 28, 2011. President of Bumble Bee, is a part-owner of Eighty percent of the entire economy Re Docket No. USCG–2010–1146 South Pacific Tuna Corporation. Chicken of of my district depends on the tuna in- DOCKET MANAGEMENT FACILITY (M–30) the Sea and/or its parent company, Thai dustry, and if something happens in U.S. Department of Transportation, West Build- Union, is also a part-owner of the foreign- terms of the balance between the proc- ing Ground Floor, New Jersey Avenue, SE, built tuna boats. Washington, DC. Whether U.S. or foreign-built, all 39 tuna essors and our fishing fleet, this is boats, or the entire U.S. tuna fishing fleet, DEAR SIR OR MADAM: I am writing in sup- where the problems and the complica- fishes under the auspices of the South Pa- tions have come about. port of the USCG’s Draft Policy Letter (CG– 543) on ‘‘Safety Requirements and Manning cific Tuna Treaty, a treaty between the To the extent that the South Pacific Exemption Eligibility on Distant Water United States and 16 Pacific Island nations. Tuna Corporation, which owns about 25 Tuna Fleet Vessels’’ published in the Federal Under the terms of the Treaty, the U.S. gov- of the 30 or 40 vessels that make up the Register on January 20, 2011. ernment pays out $18 million annually to the U.S. tuna fishing fleet, the problem I am also writing to rebut misinformation Pacific Island parties in return for the right here is that we’ve got a problem of out- put forward by the South Pacific Tuna Cor- of our U.S. tuna boats to fish in the exclu- sive economic zones (EEZ) of the 16 Pacific sourcing, where two of these compa- poration (SPTC) in response to USCG–2010– 1146. Island parties to the Treaty. The U.S. tuna nies, Chicken of the Sea and Bumble boats also pay the Pacific Island parties Bee, do not process the whole fish. Legislative Background about $3 million or more per year, depending As far as tuna is concerned, 90 per- In 2005, as a Member of Congress rep- on the amount of tuna they catch. cent of the value of the tuna comes in resenting the U.S. Territory of American According to the U.S. Department of the gutting and the processing. The Samoa, I was involved with the enactment of State, the landed value of the catch in 2008 canning is only about 10 percent. What the initial 2006 foreign officer provision. At was in excess of $200 million but the value of the time, I was visited by many of the indi- has happened is that Chicken of the the tuna as it moves through the processing viduals now on the (SPTC) team, as well as and distribution chain may be as much as Sea and Bumble Bee have chosen not to Mr. Dave Burney, now deceased, who served $400 to $500 million. buy the whole fish but to simply buy as the Executive Director of the U.S. Tuna Of the approximate 300,000 metric tons of the loins of the fish, as it was cleaned Foundation. tuna that is caught, which is referred to as

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00035 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7370 CONGRESSIONAL RECORD — HOUSE November 4, 2011 whole fish, about 120,000 metric tons is di- why the exemption was only granted to ves- is contrary to the principles upon which the rect-delivered to American Samoa per year. sels operating in and out of American Treaty was founded. Chicken of the Sea fol- Direct delivery means the tuna boats actu- Samoa. No other boats were provided this ex- lowed suit. Both Chicken of the Sea and ally pull into American Samoa’s port and emption and I am hopeful that the USCG Bumble Bee now have their fish cleaned by offload their catch. Given Chicken of the will hold to Congressional intent and move low-wage workers in Thailand, Fiji and Sea’s closure, the amount of tonnage direct- forward with its Draft Policy Letter. Papua New Guinea. Then they send their delivered to American Samoa is now less but Sincerely, pre-cleaned fish to canneries in California, with the presence of a new cannery, Tri-Ma- ENI F.H. FALEOMAVAEGA, Georgia and Puerto Rico where they hire rine, we expect to be operating again at full Member of Congress. skeletal crews to put the fish into cans as a capacity. means of taking advantage of U.S. duty-free Contrary to SPTC’s claims, American U.S. SENATE, laws. Samoa has the capacity to process up to HART SENATE OFFICE BUILDING, The USDA has caught on to this un-Amer- 280,000 metric tons with room for growth. Washington, DC, April 1, 2011. ican way of doing business and this is why Nonetheless, for purposes of this statement, Hon. ENI F.H. FALEOMAVAEGA, canned tuna processed by Bumble Bee and I want to point out what happens to the House of Representatives, Chicken of the Sea does not qualify for the other 180,000 metric tons which American Washington, DC. Buy America program. To date, StarKist is Samoa is not processing right now. DEAR CONGRESSMAN FALEOMAVAEGA: Thank the only remaining tuna company that What happens is that the foreign-built you for your letter regarding the U.S. Coast qualifies for the Buy America program be- tuna boats owned by SPTC, which Chicken of Guard’s draft policy on the ‘‘Safety Require- cause it is the only company that still cleans the Sea and/or Thai Union have part owner- ments and Manning Exemption Eligibility its tuna in the U.S.A., making StarKist the ship in, are transshipping their catch to for- on Distant Water Tuna Fleet Vessels.’’ I am only tuna company that upholds the intent eign nations where the tuna is cleaned, or in full agreement with you that our intent in of the Treaty which is in place to also pro- loined, by workers who are paid $0.75 cents passing the original exemption was to sup- vide tangible benefits to the U.S. and less per hour. port a U.S.-flag fleet that operated in and In other words, 25 members of our very own out of American Samoa. Accordingly, I am As a result of this transformational shift U.S. tuna fishing fleet sell off their catch to pleased the Coast Guard is making an effort which has taken place in the U.S. tuna in- foreign nations and then send the cleaned to define this requirement in a meaningful dustry during the past decade, foreign na- tuna loin back to Bumble Bee and Chicken of way. Please be assured that I will notify the tions like Thailand are making billions at the Sea so that these two tuna canneries can Coast Guard of my support for the proposed the expense of the U.S. taxpayer and Pacific maximize their corporate profits while off- policy. Island Parties. Thailand, which has no fish- shoring American jobs. These 25 members of Aloha, ing fleet of its own, has become the world’s the U.S. tuna fishing fleet do this despite the DANIEL K. INOUYE, largest producer of canned tuna and controls fact that they fly the U.S. flag and are sub- United States Senator. about 30% of the private-label canned tuna sidized by the American taxpayer to the tune business in the U.S.A. I attribute Thailand’s of $18 million per year to fish in the South HOUSE OF REPRESENTATIVES, success, in part, to a loophole in the South Pacific Tuna Treaty Area. And what does the COMMITTEE ON FOREIGN AFFAIRS, Pacific Tuna Treaty. American taxpayer get in return? We get a Washington, DC, June 28, 2011. When the Treaty was first negotiated, all depleted tuna stock not to mention the safe- Hon. DANIEL K. INOUYE, U.S. tuna boats off-loaded their fish in U.S. ty threat these new boats pose. Chairman, Senate Committee on Appropriations, ports. Today, tuna boats that are 51% U.S. In the time it takes to make 3 direct-deliv- Washington, DC. owned like those of the South Pacific Tuna DEAR MR. CHAIRMAN: I am writing to re- eries, the new SPTC foreign-built tuna boats Corporation trans-ship the majority of the quest your support in increasing funding for can make 5 transshipment deliveries by off- fish they catch in the Treaty Area to Thai- the South Pacific Tuna Treaty and for the loading their catch to a big mother ship land. Thailand then buys the tuna that Treaty to be renegotiated in a way that meaning that they can return more quickly comes out of the South Pacific Tuna Treaty would distinguish between U.S. tuna boats to the South Pacific Tuna Treaty fishing Area and puts workers in America out of that direct-deliver their fish to American grounds where they can catch more and jobs because Thailand’s fish cleaners, which Samoa, or another U.S. port, and those that more tuna at a more maddening pace, with are paid 75 cents and less per hour, directly do not. very little U.S. Coast Guard oversight be- compete against workers in American cause of SPTC’s unwillingness to pull into When the Treaty was first negotiated, it was negotiated for purposes of providing U.S. Samoa who are paid in accordance with fed- American Samoa’s port, once a year. eral minimum wage laws. Disregarding U.S. interests was never the foreign assistance to the Pacific Island Par- Congressional intent of a crew exemption ties while also providing a tangible benefit While it is true that boats from the South provision. to the U.S. By the time the Treaty was re- Pacific Tuna Corporation at one time indi- S. 3607 newed in 2002 until now, the U.S. provided rectly supplied tuna to Chicken of the Sea/ the Pacific Island Parties about $18 million Samoa Packing in American Samoa, this has While SPTC would have the USCG believe annually in exchange for our U.S. tuna boats not been the case since Chicken of the Sea that the U.S. House of Representatives sup- to fish in the Treaty area. The U.S. tuna left American Samoa and set up a skeletal ported a permanent exemption, this is not boats also paid a collective, not individual, crew in Lyons, Georgia. In fact, according to the case. What happened is SPTC had lan- fixed rate of about $3 million per year, and the Congressional Research Service, of the guage inserted in H.R. 3619 without the above that amount depending on the amount approximately 300,000 metric tons of tuna knowledge of Guam, CNMI or American of fish caught and the value of it. that is caught by the U.S. tuna fishing fleet Samoa. But, last year, during conference, We have since learned that according to in the South Pacific Tuna Treaty Area, more the U.S. House of Representatives and Sen- the Congressional Research Service (CRS) than 180,000 metric tons is transshipped and ate agreed with my position and put a halt the U.S. tuna boats harvest about $250 mil- outsourced to foreign nations, like Thailand, to SPTC’s request to make this provision lion worth of tuna annually but the value of and I believe this un-American practice of permanent. the tuna as it moves through the processing outsourcing U.S. and Pacific Island resources House and Senate also agreed to require and distribution chain may be as much as must stop. the DWTF to undergo a safety inspection in $500 million or more. Given that the PNA American Samoa once a year in order to ac- This is why I am hopeful that the U.S. controls about 25–30% of the world’s supply commodate my request for an annual call on State Department will make a distinction of tuna which is primarily in the Treaty the Territory’s port. between tuna boats that directly off-load in Area, I believe that the Pacific Island Par- On the evening before the bill went for a American Samoa, and those that do not. For ties to the Treaty deserve a more equitable vote, SPTC’s representatives visited my of- boats like those of the South Pacific Tuna distribution of this wealth. $18 million plus fice and begged for an as-is two-year exten- Corporation which outsource, I believe their the small contribution of the U.S. tuna boat sion conditioned on the promise that SPTC fishing days should be limited, that they owners is not enough. should pay increased fees to fish, and that would work to do right by American Samoa Regarding U.S. interests, when the Treaty they should be required to pull into U.S. and honor its original commitments. In first went into effect, all three major brands ports once a year for the privilege of the good-faith, I agreed to work with SPTC. of canned tuna in the U.S., including fishing in the Treaty Area. I also believe Conclusion StarKist, Chicken of the Sea and Bumble U.S. tuna boats that direct-deliver to U.S. Regrettably, I have reviewed SPTC’s state- Bee, purchased their tuna from U.S. tuna ports, including American Samoa, should be ment submitted to the USCG and I am dis- boats authorized to fish in the Treaty Area. given preferential treatment for licenses if appointed that once more, SPTC, has mis- The fish was then cleaned in the U.S., includ- the U.S. is not able to secure licenses for the represented the facts surrounding this man- ing American Samoa which was home to the entire fleet. ning provision or American Samoa’s capa- largest cannery in the world because of our bilities. close proximity to the fishing grounds. I would appreciate your support of these The original intent of a crew exemption About a decade ago, Bumble Bee adopted a changes, and I will do everything I can to provision was to bolster American Samoa’s new model of doing business and began out- also garner support from the U.S. Depart- economy, not increase SPTC profits. This is sourcing American resources and jobs, which ment of State. As always, I thank you for

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00036 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7371 the good work you are doing and continue to The CHAIR. The time of the gen- The CHAIR. The Clerk will designate wish you the very best. tleman from Washington has expired. the amendment. Sincerely, Ms. NAPOLITANO. Mr. Chairman, I The text of the amendment is as fol- ENI F.H. FALEOMAVAEGA, yield the balance of my time to the lows: Ranking Member, Subcommittee on Asia and gentlewoman from Guam (Ms. Page 95, after line 14, insert the following: the Pacific. BORDALLO). ‘‘(7) STATE OPERATIONAL REQUIREMENTS.— ‘‘(A) IN GENERAL.—If any State determines U.S. DEPARTMENT OF STATE, The CHAIR. The gentlewoman is rec- that the protection and enhancement of the Washington, DC, August 9, 2011. ognized for 11⁄2 minutes. quality of waters within the State require Hon. ENI. F.H. FALEOMAVAEGA, Ms. BORDALLO. I rise today in sup- port of the amendment offered by my greater environmental protection than House of Representatives. would be achieved through the application of DEAR MR. FALEOMAVAEGA: Thank you for colleague from California, GRACE a standard specified under subsection (c) or your letter of June 28 regarding the 1987 NAPOLITANO. established under subsection (d), the State South Pacific Tuna Treaty and for your in- While I am sympathetic to and recog- may impose operational requirements that terest in the ongoing negotiations to amend nize the concerns of my friend and col- are more protective than such standards, ex- and extend that arrangement. league from American Samoa, I have cept that a State operational requirement We recognize the vital importance of sus- received significant support from my imposed under this paragraph may not— tainable tuna fisheries to the Pacific and the constituents to include Guam as an eli- ‘‘(i) require the installation of a ballast significant contribution that the U.S. indus- water treatment technology that differs try supported by the Treaty makes to the gible port of call for annual safety in- from that required by the standard specified U.S. economy, particularly in American spections only to the U.S. distant under subsection (c) or established under Samoa. We also recognize that there have water tuna fleet. Permitting the fleet subsection (d); or been important changes in the Pacific since to call on Guam in addition to Amer- ‘‘(ii) apply until the Administrator and the the Treaty was last extended. Under these ican Samoa will create additional eco- Secretary determine that the waters of the circumstances, changes to the Treaty will be nomic opportunities for my constitu- State require greater environmental protec- necessary to ensure that it remains an effec- ents. tion and such greater environmental protec- tive and viable agreement that promotes re- tion can be achieved by the State oper- sponsible and sustainable tuna fisheries, pro- b 1250 ational requirement. vides satisfactory economic returns to the The fleet can utilize Guam’s Coast ‘‘(B) FACTORS FOR DETERMINATION.— Pacific Island Parties and contributes to the Guard sector, our port, our ship repair ‘‘(i) DETERMINATIONS BY ADMINISTRATOR.— development of the small-island developing In making the determination under subpara- States. We are currently working to address facilities, and can service their heli- graph (A)(ii), the Administrator shall con- these and other issues in the renegotiations, copters. It is a commonsense approach sider— including at our most recent meeting in to enforce the safety inspection re- ‘‘(I) whether the receiving waters have Samoa in July. quirements for the U.S. flag vessels. been afforded special protection under Fed- We appreciate your views on the issues of I want it to be very clear, Mr. Chair- eral or State law; off-loading and the allocation of days or li- man, that I would like better assurance ‘‘(II) the benefits to human health, welfare, censes among the U.S. fleet. We are sensitive from the administration, industry, and or the environment of the additional protec- to the need to negotiate an agreement that tion for the receiving waters; does not put the United States at a competi- stakeholders that this will not harm the tuna industry in American Samoa. ‘‘(III) the reduction in risk to human tive disadvantage. health, welfare, or the environment resulting As the negotiations proceed, we will con- That industry is critically important from the additional protection; tinue to keep you apprised of their progress. to their economy, and its competitive ‘‘(IV) the propagule pressure to be ad- Please do not hesitate to contact us if we advantages must not be undermined. dressed by the additional protection; may be of assistance in this or any other I am committed to working with my ‘‘(V) applicable Federal and State law; manner. friend to ensure that the American ‘‘(VI) applicable international standards; Sincerely, Samoa tuna industry remains strong. and DAVID S. ADAMS In fact, I am staunchly opposed to the ‘‘(VII) the costs and benefits of providing Assistant Secretary, Legislative Affairs. distant water tuna fleet fishing in the additional protection. Mrs. NAPOLITANO. Mr. Chairman, I Guam’s waters. The fleet is, in fact, ‘‘(ii) DETERMINATIONS BY SECRETARY.—In yield 1 minute to the gentleman from making the determination under subpara- prohibited from fishing in Guam’s eco- graph (A)(ii) the Secretary shall consider— California (Mr. BILBRAY). nomic zone, and if it were to do so, it Mr. BILBRAY. I’ve got to say, quite ‘‘(I) the effect that the use of the State would threaten the livelihoods of our frankly, I appreciate the gentleman operational requirement for additional pro- own local fishermen. tection would have on the operation, oper- from American Samoa and his position. If this amendment passes, I would ational capability, and safety of the crew If I represented that island, I would be strongly urge the Coast Guard, the Na- and vessel; wanting to defend the monopoly that tional Marine Fishery Services, and all ‘‘(II) the potential impacts on shipping, island has in the western Pacific today. relevant agencies to aggressively en- trade, and other uses of the aquatic environ- ment; But the fact is, as a Nation, we’ve got force existing regulations and to pre- to look at not only the great economic ‘‘(III) applicable Federal and State law; vent any illegal opportunist harvest in ‘‘(IV) applicable international standards; impact of this monopoly of forcing Guam’s waters. boats to travel for thousands of miles and Again, I support this amendment. ‘‘(V) the costs and benefits of providing the to get back to one centralized location The CHAIR. The question is on the additional protection. because of a political decision here in amendment offered by the gentle- ‘‘(C) DEADLINE.—Upon application of the Washington, but we’ve also got to look woman from California (Mrs. State, the Administrator and the Secretary at this fact that the lady from Cali- NAPOLITANO). shall make the determination within 180 fornia has an amendment that will ad- The question was taken; and the days of the date of the completed applica- dress not just the economic impact but Chair announced that the noes ap- tion. ‘‘(D) APPROVAL OF STATE OPERATIONAL RE- what about the environmental. peared to have it. QUIREMENTS.— And I would ask my colleagues on Mr. FALEOMAVAEGA. Mr. Chair- ‘‘(i) IN GENERAL.—If the Administrator and both sides of the aisle, consider the man, I demand a recorded vote. the Secretary determine upon application by fact that we talk about greenhouse The CHAIR. Pursuant to clause 6 of a State that the protection and enhancement gasses and emissions, but, as a law, rule XVIII, further proceedings on the of the quality of waters within that State re- we’re requiring these fishing boats to amendment offered by the gentle- quire more environmental protection and travel for 6 to 7 days over thousands of woman from California will be post- that such greater protection can be achieved miles because of our laws here. If we poned. by the operational requirement, the Admin- istrator and the Secretary shall approve the truly want to say we want to reduce AMENDMENT NO. 7 OFFERED BY MR. BISHOP OF application for the State operational re- emissions, we should reduce the emis- NEW YORK quirement. sions forced by regulation by sup- The CHAIR. It is now in order to con- ‘‘(ii) LIMITATION.—The Administrator and porting the gentlelady’s amendment. sider amendment No. 7 printed in the Secretary may not approve a State oper- Mr. LARSEN of Washington. Mr. House Report 112–267. ational requirement if the requirement— Chairman, is there any time left on Mr. BISHOP of New York. Mr. Chair- ‘‘(I) would have an unreasonable impact on this side? man, I have an amendment at the desk. the use of traditional shipping lanes; or

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00037 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7372 CONGRESSIONAL RECORD — HOUSE November 4, 2011 ‘‘(II) would prohibit the discharge of bal- mining if some of their State waters single uniform national ballast water last water in all the waters of the State. deserve additional protections while standard and that, if this amendment ‘‘(iii) REGULATIONS.—Following the ap- maintaining a uniform national stand- were to go forward, it would actually proval of a State operational requirement by ard, then you should vote for the gut this portion of it. the Administrator and the Secretary under this paragraph, the Secretary shall by regu- Bishop amendment. If, on the other So I urge all Members to oppose the lation implement the State operational re- hand, you believe that States should amendment, and I reserve the balance quirement for the waters of the State. have absolutely no say whatsoever in of my time. The CHAIR. Pursuant to House Reso- protecting particularly sensitive wa- Mr. BISHOP of New York. May I in- lution 455, the gentleman from New ters within their jurisdictions, then quire as to how much time I have left? York (Mr. BISHOP) and a Member op- you should oppose the Bishop amend- The CHAIR. The gentleman has 1 posed each will control 5 minutes. ment. Given what we’ve done thus far minute remaining. The Chair recognizes the gentleman in this Congress, I would hope that Mr. BISHOP of New York. Respect- from New York. Members would continue to assert that fully, I believe that my colleague and Mr. BISHOP of New York. Mr. Chair- States have a role. friend from New Jersey has man, my amendment amends title VII Earlier this year, we passed H.R. 2018, mischaracterized pieces of the amend- of the Coast Guard reauthorization bill the Cooperative Federalism Act of 2011. ment. to recognize the importance of both This bill would eliminate any Federal Let me be clear. I quote: Federal and State efforts to protect the role in setting baseline water quality The amendment would not allow waters of individual States by retain- standards, giving full discretion to the States to require the installation of ing a limited, surgical role for States States. The bill that is before us flips ballast water treatment technology to provide additional operational limi- that precisely. It would provide no role that differs from that required by the tations to protect important State re- for the States and give 100 percent of standards specified under subsection source waters from the introduction of the role to the Federal Government. (c)—in other words, what the under- invasive species and other pollutants. I would ask that the House continue lying bill provides—and they could not In concept, I agree with Chairman to recognize the role of States in set- impose standards until they had ap- LOBIONDO that we should enact a strin- ting standards for water quality in wa- plied to the administrator and the Sec- gent uniform national standard for bal- ters that they control, so I would urge retary, and they would have to deter- last water treatment technologies for the adoption of my amendment. mine that the waters of the State re- commercial vessels. It makes sense to Before I close, I do, though, want to quired greater environmental protec- set a high standard that is techno- thank Chairman LOBIONDO. We worked tion. logically achievable and reduces the very hard over the last several weeks So this would be a State request to likelihood of introducing invasive spe- in trying to come to a resolution of the EPA. cies into our native waters. this matter. We were unable to get Finally, the administrator and the My amendment does not add or there, but it was not for lack of trying. Secretary, by the language of this change any technological requirements I thank the chairman and the ranking in the bill. Let me say that again. My amendment, could not approve a State member for their efforts to bring this amendment does not add or change any operational requirement if that re- matter to a bipartisan resolution. I’m technological requirements in the bill. quirement, A, would have an unreason- This is an issue of extreme importance sorry we couldn’t get there, but as I able impact on the use of traditional to industry for understandable reasons. say, it was not for lack of trying. shipping lanes or, B, would prohibit the With that, I reserve the balance of Nor does it give States carte blanche to discharge of ballast waters in all wa- my time. prevent ships from releasing ballast ters of the State. Mr. LOBIONDO. I claim the time in water. It simply provides for the abil- This is a very narrowly crafted effort opposition. ity of States to petition the Federal to provide at least some role for the The CHAIR. The gentleman from Government, under a set of criteria States, subject to the approval of the New Jersey is recognized for 5 minutes. that protects international and domes- Federal Government. Mr. LOBIONDO. Mr. Chairman, I ap- tic commerce, to identify and protect With that, I yield back the balance of preciate what the gentleman from New highly sensitive water resources within my time. York is attempting to do. We did give a State’s existing jurisdiction. Mr. LOBIONDO. I yield 1 minute to My amendment is not without prece- a mighty effort in trying to reach an the gentleman from Indiana (Mr. dent. In 1996, Congress amended the agreement. It’s one of those situations BUCSHON). Clean Water Act to require the Depart- where we just have a different point of Mr. BUCSHON. I rise today in opposi- ment of Defense to work with the EPA view. tion to the amendment of the gen- to regulate ballast water from military It is my opinion that this amend- tleman of New York (Mr. BISHOP) and, vessels through the Uniform National ment would make the current situation subsequently, to that of the gentleman Discharge Standards program. In pro- even worse because it would allow from Michigan (Mr. DINGELL), which viding for these uniform national States to completely prohibit the dis- also affects the uniform national standards, the then-Republican-led charge of ballast water, if they chose, standard of ballast water discharge. Congress acknowledged a deep respect regardless of what technology was in- This legislation creates a national for the rights of States, including a re- stalled on a vessel. So here is the situa- standard that we desperately need. sidual authority for States to establish tion: Currently, each State is able to create ‘‘no discharge zones’’ similar to those You could have a vessel owner install its own rules and regulations for bal- that would be allowed under my technology worth millions of dollars, last water discharge. The State of New amendment if it were to pass. technology that would treat ballast York recently enacted extreme new Section 312 of the Clean Water Act, water to 1 million times the standard ballast water requirements that are 100 which is probably the closest analogy in the bill, and you could still have a times more stringent than inter- to the issue of ballast water discharges State come in and say, We’re going to national standards. After an extensive from commercial vessels, establishes prohibit the vessel from discharging. study, the Wisconsin Department of uniform standards for discharges of It completely undermines the uni- Natural Resources determined that the marine sanitation devices. Section 312 form standards that we are attempting technology does not exist to meet this specifically reserves a role for States to accomplish. The amendment would standard. If allowed to go into effect, to create ‘‘no discharge zones’’ for im- also allow States to dictate how much these regulations would cost Indiana portant State waters, provided that ballast water could be discharged, the approximately 8,800 jobs while doing those zones will not adversely impact depth of the water where the discharge little to protect the Great Lakes from vessels from operating within the is permitted, and even at what hours of invasive species. States. the day. The issue really boils down to this: I think—and, again, my opinion is— b 1300 If you believe that States have a role that this amendment would completely On September 7, Governor Daniels of to play, however limited, in deter- undermine our efforts to put in place a Indiana joined Wisconsin Governor

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00038 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7373 Walker and Ohio Governor Kasich in a Memorandum of Understanding with the invent something. But sadly for New submitting a letter to New York Gov- US Coast Guard to, when inspecting vessels, York, their vendor—the one that they ernor Cuomo opposing New York’s ex- ensure they are complying with the VGP. were counting on for this technology— treme new ballast requirements. We know the U.S. Environmental Protec- said they are not even willing to have I urge all my colleagues to save mari- tion Agency tasked its Science Advisory Board (SAB) to address the question of it be tested by a third party for verifi- time jobs not only in Indiana but whether ballast water treatment technology cation that it works. So this amend- across the Great Lakes and vote exists now, or in the foreseeable future, to ment and those proposals would basi- against these two amendments. meet a standard greater than IMO. In the cally shut down waterborne commerce SEPTEMBER 7, 2011. SAB’s recently issued final report, it em- in the United States of America. Hon. ANDREW CUOMO, phatically stated that no such technology Mr. BISHOP of New York. Will the Governor of New York State, NYS State Office exists. gentleman yield? Building, Albany, NY. The State of New York is now the only ju- DEAR GOVERNOR CUOMO: We are writing to risdiction in the Great Lakes that still regu- Mr. LATOURETTE. I will yield to share our concerns regarding regulations lates ballast water treatment technology you in just a second. adopted by the New York Department of En- more stringently than the IMO standard, and But here’s the skinny: New York’s vironmental Conservation (NYDEC) that New York’s standards are technologically regulations are more obnoxious be- could seriously impede maritime commerce impossible to meet. Unless the NYDEC regu- cause they cover just passage. You in the Great Lakes States to the west of New lations are amended, they will possibly force don’t have to take a drop of ballast York. the closure of the St. Lawrence Seaway, and water in if you’re in New York waters, In late 2008, NYDEC issued rules intended imperil thousands of maritime-related jobs to prevent the introduction of aquatic nui- in the Great Lakes States and Canada. For- and you don’t have to discharge a drop. sance species into New York waters via the tunately, the final USCG ballast water regu- Just the mere fact of sailing through ballast water of commercial vessels. While lations will be published in the next few New York waters—which you have to we share NYDEC’s concern regarding the im- months. We have always supported a strong, do in the Great Lakes—would cause pact of invasive species on the ecology of the consistent—standard that covers all U.S. wa- these regulations to come into effect. Great Lakes, we note that the International ters. Maritime Organization (IMO) has coordi- Now, I had to go to the extraordinary NYDEC regulations are already having an length of offering an amendment in the nated a global treaty to require all ships to effect on maritime commerce in the Great install environmental technology by 2016 to Lakes as shippers, ports, industry and labor Interior appropriations bill that said if clean ballast water to a specific water qual- unions look to establish long-term business New York continues on this crazy ity standard. The IMO is the maritime arm agreements and plan future investments. course, that they get no money out of of the United Nations and it coordinates Preventing the spread of invasive species the Interior appropriations bill. Now, international shipping policy. Many Great continues to be a top priority for all of us, that wasn’t designed to cheat our Lakes states have incorporated the IMO bal- but waterborne shipping is critical to our friends in New York out of funds. That last water treatment standard into their own economies, and we must work together to- rules. Likewise, the U.S. Coast Guard was designed to get their attention. We ward controlling invasive species while also have their attention. We have to work (USCG) has embraced these same require- protecting the commerce of our nation’s wa- ments for new federal regulations to be terways. We urge New York to take prompt together to solve this in a bipartisan issued later this year. action and amend its ballast water regula- way. This amendment and the next Under New York’s regulations, shipowners tions to align with the IMO and USCG stand- amendment are not going to do that. must install technology on existing vessels ards. I am happy to yield to my friend. by August 1, 2013, to treat ballast water to a Sincerely, Mr. BISHOP of New York. I appre- level 100 times more stringent than the IMO Gov. SCOTT WALKER, standard. Any vessels built after January 1, ciate my friend from Ohio for yielding. Wisconsin. I want to be clear. What the gen- 2013, must include technology to treat bal- Gov. MITCH DANIELS, last water to a level 1,000 times more strin- Indiana. tleman from Ohio is describing is the gent than the IMO standard. These rules not Gov. JOHN KASICH, current state of affairs. The underlying only apply to ships visiting New York ports, Ohio. bill would change the current state of but also extend to ships in passage through affairs. And the amendment that I’m New York waters destined for the ports of Mr. LOBIONDO. Mr. Chairman, I yield such time as he may consume to seeking to the underlying bill would neighboring states and provinces. The rules render the New York State standards apply to ships whether or not they discharge the gentleman from Ohio (Mr. ballast water. LATOURETTE). moot because it would accept the tech- Today, there is no technology approved by Mr. LATOURETTE. I thank the nological standards imposed in the un- the USCG to meet New York’s regulatory re- chairman for yielding. derlying bill. So the New York stand- quirements. In fact, the USCG has yet to es- I rise with great affection for my ards, as ambitious as they are, would tablish a ballast water treatment technology go away. approval process. Shipowners will not install friends from New York, both Mr. BISHOP and Ms. SLAUGHTER; but I have What this would simply say is that ballast water treatment systems unless New York and other States that are in- USCG approved, because they are unable to to set the table on what this is about. obtain insurance otherwise. The Coast Guard has been promul- terested—such as California, such as We also note that in February 2010, the gating a Federal standard in line with Michigan—could establish certain Wisconsin Department of Natural Resources the international maritime standard operational requirements subject to (WDNR) established ballast water treatment for the discharge of ballast water. And the approval of the EPA that would regulations similar to the NYDEC; i.e., 100 despite what people say—they say a allow for the protection of certain wa- times the IMO standard. Wisconsin’s ballast ters in the State. water discharge general permit required the new invasive species comes into the WDNR to conduct a feasibility determina- lakes every 28 days. That’s true; but The CHAIR. The time of the gen- tion of this standard, which it completed in they don’t come in in the ballast water tleman has expired. December 2010. After considerable analysis, of ships because industry, govern- Mr. LATOURETTE. I really had and in consultation with the Ballast Water ments—both American and Canadian— something pithy to say, but we will Collaborative, a group of leading environ- and the States have worked hard to continue this later. mental scientists, vendors, naval architects make sure that that does not occur. I thank the Chair. and other experts in the U.S. and Canada, in- But in the face of that, an organiza- The CHAIR. The question is on the cluding New York DEC staff, the WDNR con- amendment offered by the gentleman cluded that treatment technologies do not tion called the New York Department exist today to meet the 100 times IMO stand- of Environmental Conservation pro- from New York (Mr. BISHOP). ard. The WDNR ballast water general permit posed regulations, as Mr. BUCSHON said, The question was taken; and the was subsequently modified to require the that when fully implemented would be Chair announced that the noes ap- IMO standards. a thousand times more stringent than peared to have it. Ohio and Indiana employ the Vessel Gen- the IMO standards. And what that ef- Mr. BISHOP of New York. Mr. Chair- eral Permit (VGP) under the National Pol- fectively means is—and when you talk man, I demand a recorded vote. lutant Discharge Elimination System (NPDES)—which has gone through each to these folks they say, Well, that’s the The CHAIR. Pursuant to clause 6 of state’s 401 review process and includes condi- great mother of invention. If we put rule XVIII, further proceedings on the tions that do not exceed IMO standards to these standards out there, the great amendment offered by the gentleman regulate ballast waters. Further, USEPA has mother of invention, they’re going to from New York will be postponed.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00039 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7374 CONGRESSIONAL RECORD — HOUSE November 4, 2011 AMENDMENT NO. 8 OFFERED BY MS. SLAUGHTER nately, the ballast water provisions in onboard with what Ms. SLAUGHTER and The CHAIR. It is now in order to con- this measure protect the foreign ship- Mr. DINGELL are attempting to do. A sider amendment No. 8 printed in ping magnates rather than the Great July 2011 evaluation by the United House Report 112–267. Lakes and the people who live there. States Environmental Protection Ms. SLAUGHTER. Mr. Chair, as the The Dingell-Slaughter amendment Agency—so fresh off the charts—deter- designee of the gentleman from Michi- strikes title VII from this measure, mined that the technology does not gan (Mr. DINGELL), I offer an amend- which will remove the damaging bal- exist, does not exist. Even if a ship ment. last water language. This amendment owner had a gazillion dollars and want- The CHAIR. The Clerk will designate will allow us to pass the important ed to buy something off the shelf, it the amendment. Coast Guard reauthorization while giv- doesn’t exist to meet the water quality The text of the amendment is as fol- ing Congress an opportunity to come to level stipulated by New York. lows: a responsible and reasonable agree- b 1310 Strike title VII of the committee print. ment with respect to ballast water The CHAIR. Pursuant to House Reso- standards. For this reason, the maritime indus- lution 455, the gentlewoman from New I urge my colleagues to support the try, together with labor, believes that York (Ms. SLAUGHTER) and a Member Dingell-Slaughter amendment, and I these regulations are unworkable and opposed each will control 5 minutes. reserve the balance of my time. if left unchanged will cause economic The Chair recognizes the gentle- Mr. LOBIONDO. Mr. Chairman, I harm when they come into effect, re- woman from New York. claim the time in opposition. sulting in complete cessation of com- Ms. SLAUGHTER. Mr. Chair, I yield The Acting CHAIR (Mr. BISHOP of mercial maritime commerce in New myself such time as I may consume. Utah). The gentleman from New Jersey York waters. I rise today to offer an amendment is recognized for 5 minutes. Now, at a time when everybody with my distinguished colleague from Mr. LOBIONDO. I yield such time as around the country is screaming about Michigan (Mr. DINGELL), which would he may consume to the gentleman jobs, what are we going to do? All the remove a controversial measure that from Ohio (Mr. LATOURETTE). longshoremen, you don’t have to work has been inserted into the underlying Mr. LATOURETTE. Again, I rise with anymore. The guys that drive the Coast Guard reauthorization. The great affection for both Mr. DINGELL boats, you don’t need to work any- measure forces States to adopt a weak and Ms. SLAUGHTER, who are wonderful more. The folks that unload the boats, international ballast water standard as colleagues and friends in this House. no, you don’t need to work anymore. a ceiling for regulatory efforts. In But this amendment is the Bishop Why? Because one State out of the doing so, it preempts the right of amendment on steroids. So this amend- eight States that border the Great States to respond to emerging invasive ment, unlike the Bishop amendment, Lakes has decided to come up with species and provides no incentive for would go back and remove the require- something not passed by their legisla- future innovation in critical ballast ment that’s in the bill, and New York ture, passed by this New York environ- water technology. would be free to go about its business mental council. It’s crazy. Each minute 40,000 gallons of ballast and shut down waterborne commerce We, again, in a good bipartisan way water containing thousands and mil- in the Great Lakes. need to work together to fix this prob- lions of foreign bacteria, viruses, ani- Now, the sad thing for the State of lem. Let’s find the right way to keep mals, and plants are discharged into New York—and I know the people in the zebra mussel and the round goby U.S. waters. That’s 21 billion gallons of New York think that they are pretty and the sea lamprey and the Asian carp ballast water annually. Once intro- important and they run the whole out of the Great Lakes. But to allow duced, invasive species, such as the place, but they don’t. And, sadly, we New York to go down this path with Asian carp, are exceedingly difficult to have five Great Lakes that flow the passage of this amendment is de- control and are often impossible to through and touch a number of States, structive to jobs in the Great Lakes, eradicate. Ohio being included in that. And just a and I hope that the amendment is de- Having no natural predators, aquatic couple of observations. feated. invasive species easily feed on native You know, this isn’t a bunch of peo- Ms. SLAUGHTER. Mr. Chair, I am fish and other aquatic wildlife, foul ple that don’t like the Great Lakes pleased to yield 2 minutes to the gen- beaches, degrade fisheries, clog water versus a bunch of environmentalists tleman from Michigan, who cares as intake pipes and other infrastructure, that want to protect it. The very first much as anybody from New York, the disrupt the food chain, and contami- piece of legislation I had signed into dean of the House and the cosponsor of nate our drinking water. We spend law by President Clinton—and it’s the amendment, Mr. DINGELL. more than $1 billion a year simply try- tough to get a bill signed into law by a (Mr. DINGELL asked and was given ing to get rid of zebra mussels which to President of the other party—was the permission to revise and extend his re- date we have spent $5 million trying to reauthorization of the National marks.) eradicate and have not even come Invasive Species Act, coauthored by Mr. DINGELL. Mr. Chairman, this is close. John Glenn in the United States Sen- a very important question. The Great Ballast water is a serious matter, ate. Lakes are 20 percent of the world’s with far-reaching implications for this I know invasive species. But I am freshwater supply. It is endangered, Nation. We lose billions of taxpayer going to tell you, because of the work and the fish and the wildlife and the dollars every year trying to combat of John Glenn and because of the work whole ecosystem are endangered by the and contain the invasive species of a lot of good people, since 1995, I constant entry of imported species that brought into our waters by foreign challenge anybody offering this amend- come in in the ballast water of ships shipping vessels. Many of our Nation’s ment to come up with one invasive spe- entering the Great Lakes. What we’re communities and all around the Great cies that has gotten into the Great talking about here is protecting some- Lakes rely on these bodies of water for Lakes—and this notion that it’s 28 thing of enormous value that has been recreation, drinking, as well as their days—yes, they come in on boats; they here since geological times and which livelihoods. come in in people’s boots; they come in has provided enormous opportunity for The Great Lakes, which face signifi- swimming from other places. The big- our people—food and all manner of cant challenges from invasive species, gest threat that we’ve got is the Asian things, including recreation, transpor- contain 20 percent of the freshwater on carp. It’s not coming in ballast water. tation, fish and wildlife. the planet. And I think those of us on It’s swimming up the Mississippi, and This process of trying to give a few both sides of the aisle who live adja- we have got to fight with the President bones to a bunch of importers who are cent to those lakes have always felt an about whether or not we have an elec- bringing these things in from the Black obligation to try to protect that. And tronic barrier that keeps these awful Sea and other places in Europe is a we must also remember that those are fish out of the Great Lakes. shameful thing if permitted. The international waters, and our Canadian Now, the longshoremen don’t like United States and the Congress have friends also have a say here. Unfortu- what New York is doing. Labor is not not done the job that we should have

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00040 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7375 done to protect our Great Lakes. And themselves to hard surfaces including water We have to allow States, as we al- already we have a large number of intake pipes. Gradually these invasive species ways have, to have a voice in pro- things, including some nasty diseases build and build until they clog the pipes, risk- tecting their ecosystems and econo- such as viral hemorrhagic septicemia, ing shutdown of these facilities. mies. As long as we conform to the sort of the Ebola virus of fish. This is Other invasive species include the Spiny Federal law, we have always been able something we have to protect our Water Flea and the Fishhook Water Flea in States to enhance them. But if we Great Lakes against, and other waters which fish can’t digest. The viral hemorrhagic want to really truly solve this threat of the United States. septicemia (VHS) disease is like the ebola of invasive species in our waters, and I If foreign shippers are going to be virus for fish. While it’s mortality rate in the personally believe it is quite serious bringing in dirty ballast water, dis- Great Lakes is still relatively low, it has because both in my time in the State charging it into our Great Lakes, if the caused thousands of fish deaths, further pol- legislature and the Federal legislature, States want to spend the time pro- luting the waters and shorelines. that was certainly pointed out to me. tecting the States’ water and the inter- Invasive species are costing Federal, State, I urge my colleagues to support the est in the Great Lakes, or other bodies and local governments as well as businesses Dingell-Slaughter amendment, and I of water which are threatened by these billions of dollars every year. I ask that you yield back the balance of my time. practices, they want to do it, the Con- vote for this amendment to give states the Mr. LOBIONDO. Mr. Chairman, I gress should very well permit them to tools they need to fight invasive species. strongly, strongly, strongly oppose this do it because failure to do it is going to Mr. LOBIONDO. Mr. Chairman, how amendment. This current regulatory jeopardize 20 percent of the world’s much time remains? nightmare will shut down our shipping The Acting CHAIR. The gentleman freshwater. And more importantly, a lanes. It is unworkable, and I hope our from New Jersey has 2 minutes remain- resource which is recreational which colleagues understand the con- ing. The gentlewoman from New York relates to fish and wildlife values and sequences if this amendment were to has 30 seconds remaining. which provides us with opportunity for pass. I urge opposition to the amend- Mr. LOBIONDO. I yield such time as ment. transportation, drinking water, and a he may consume to the gentleman whole array of other precious and im- I yield back the balance of my time. from Ohio (Mr. LATOURETTE). Mr. LEVIN. Mr. Chair, I strongly support the portant things. If we don’t adopt this Mr. LATOURETTE. Again, I have Dingell/Slaughter amendment and urge its amendment, we’ll find we’re taking nothing but affection for Mr. DINGELL adoption by the House. care of a bunch of foreign ship owners and Ms. SLAUGHTER. instead of our people and the future of Mr. DINGELL. If the gentleman will This is not primarily a shipping issue, or a the United States. yield, let me express my great respect sportsman’s issue, or an issue for the environ- Support the amendment. and affection for the gentleman. mental community. For me, it’s a Great Lakes My home state of Michigan is blessed with Mr. LATOURETTE. I thank the gen- issue. I believe that all sides of this debate a vast and marvelous natural resource—our tleman. It’s mutual. And LOUISE likes support reasonable and achievable ballast Great Lakes. As a steadfast conservationist, I me too. water standards that are protective of our na- firmly believe that we owe it to future genera- But listen, here’s the deal: There’s tion’s aquatic ecosystems against the spread tions to restore and protect this national treas- not going to be anybody recreating on of invasive species. But we can do better than ure. In addition to that, however, we also must Great Lakes, fishing, and all the won- the standards that have been grafted onto this consider the economic value of our Lakes. derful things we get to do on Lake Coast Guard bill. Ballast water, which is used to stabilize Erie, Lake Michigan, Lake Superior, I represent Lake St. Clair, which is a small freighters, is taken on board before a voyage and Lake Huron, because nobody’s but important lake in the Great Lakes system. begins. It can often contain organisms which going to be working. And so without The lake is heavily used for fishing, boating, become invasive species when released in jobs, people are not going to have the and swimming, and it is a source of drinking non-native navigable waters. For the reasons opportunity to enjoy the splendor of 28 water for millions. Lake St. Clair is also ground outlined above, ballast water represents a sig- percent of the world’s freshwater. zero for the invasion of zebra mussels in the nificant threat to our Great Lakes. Again, sadly, people in New York United States. In the mid-1980s, a ship that The language in this bill would restrict states have decided they want to come up had come from a port in Europe dumped its like Michigan from enacting commonsense with a standard that nobody can meet. ballast water into Lake St. Clair. From that laws to protect our shores, local economies, Now, in 2013 when fully implemented, moment, we have fought a losing battle and recreation opportunities. The Dingell- what does that mean? That means a against the zebra mussels. They have spread Slaughter amendment would strike that lan- boat comes down the St. Lawrence Sea- throughout the Great Lakes and gone on to in- guage and allow Great Lakes and other coast- way and travels into New York, and if vade the Mississippi and Missouri Rivers and al states to make the necessary decisions that you can’t meet their standard, 1,000 beyond. The zebra mussels have literally are in their individual state’s best interest in times more stringent than the inter- changed the very ecology of the Great Lakes. order to keep these invasive species from de- national standard, guess what? You Millions of dollars are spent each year trying stroying our waters, fisheries, shorelines, and can’t sail. The people can’t sail on the to control them. economies. ship. The people can’t put goods on the Unfortunately, the zebra mussels are not an Among the invasive species affecting the ship. isolated incident. Hundreds of non-indigenous Great Lakes are the zebra and quagga mus- Now again, despite my affection for aquatic invaders have made their way into the sels. On the beaches of Lake Erie and Lake the authors of this amendment, I’ve Great Lakes in the ballast water of ships. At Michigan, we have seen fish and bird kills talked to the longshoremen. I’ve talked long last, it’s time for the United States to numbering in the thousands because zebra to the Canadians. I’ve talked to the adopt strong ballast water discharge stand- and quagga mussels have caused massive people on the St. Lawrence Seaway, ards. It is the failure of the federal government botulism outbreaks. Zebra and quagga mus- and they say that the problem with and this Congress to do so that has prompted sels concentrate nutrients along the bottom of invasive species today in the Great the states to take action. the nearshore area and make the water very Lakes isn’t ballast water, it’s the The proposed ballast water standards in the clear. The extra food and sunlight promotes Asian carp swimming up the Mis- bill before the House are inadequate and risk the growth of algae that coats the lake bottom sissippi River, and it’s things brought further damage to the Great Lakes and other in thick mats. As it dies, it becomes infected in from other sources. It’s not ballast aquatic ecosystems in the United States. I by botulism. The zebra and quagga mussels water. It’s not ballast water because cannot support them. I urge the House to eat the dead algae and the botulism, which Republicans and Democrats, since the adopt the Dingell/Slaughter amendment. has no effect on them, and in doing so create beginning of my time here, 18 years, Ms. MOORE. Mr. Chair, I understand that higher and more deadly concentrations of bot- have worked together to get this right. some are arguing that maintaining the ‘‘status ulism. When fish eat the zebra mussels, they This is wrong, and I urge it to be de- quo’’ in states can set disparate ballast stand- die of botulism poisoning and wash up on the feated. ards is better than moving any legislation es- beach. There, birds eat them, and they too die I thank the gentleman for yielding to tablishing a stronger national ballast water of botulism poisoning. me. standard, which is widely agreed upon as a Power and water treatment plants are also Ms. SLAUGHTER. Mr. Chair, I yield necessary tool in our fight against waterborne at risk. Zebra and quagga mussels attach myself the balance of my time. invasive species.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00041 Fmt 0636 Sfmt 9920 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7376 CONGRESSIONAL RECORD — HOUSE November 4, 2011 While I share their concerns about the need eral Permit, as in effect on November 1, 2011, Mr. PETRI. I thank my colleague for to address this issue, I cannot support that without regard to any expiration dates in offering the amendment, and I rise in stance. We need a national ballast water such permit. support of it. (b) DEFINITIONS.—In this section: standard and if the House does not take a po- Mr. Chair, this amendment recognizes the (1) QUALIFIED VESSEL.—A vessel is a quali- sition in this bill, I am afraid that this issue will fied vessel for purposes of subsection (a) if unique and special character of historic ships once again fall off the Congressional agenda. the vessel is, as of November 1, 2011— and would keep in place the current EPA ves- I feared a yes vote on the Slaughter-Dingell (A) on, or nominated for inclusion on, the sel discharge program for historic ferries. amendment—which would strip out the ballast list of National Historic Landmarks; and I am particularly interested in this because water section altogether—would take away the (B) subject to part 5.3 of the Vessel General the SS Badger, which operates on Lake Michi- last realistic chance for the House to consider Permit. gan between Ludington, Michigan, and this issue. This concern is relevant given that (2) VESSEL GENERAL PERMIT.—The term Manitowoc, Wisconsin, in my Congressional ‘‘Vessel General Permit’’ has the definition district, is believed to be the last coal fired the ‘‘Super Committee’’ is set to dominate the given such term in section 321(a) of the Fed- legislative agenda in both Chambers, and after eral Water Pollution Control Act, as added vessel in regular commercial service. that, the upcoming elections. by section 702. This 50-year-old ship is an important part of The House last passed legislation setting a The Acting CHAIR. Pursuant to our history, culture and tradition. It is currently national ballast water standard in 2007. We House Resolution 455, the gentleman on the National Register of Historic Places and has been nominated as a National History can’t wait another four years to even begin from Michigan (Mr. HUIZENGA) and a this discussion. I also recall, at that time, just Member opposed each will control 5 Landmark as an important part of our heritage. The economic impact on Manitowoc, a small like now, ballast water legislation was attached minutes. to Coast Guard reauthorization legislation. The Chair recognizes the gentleman city of only 34,000 people, is $14 million a I hear concerns about the need to protect from Michigan. year, and the Badger is responsible for pro- and improve states’ rights to protect their wa- Mr. HUIZENGA of Michigan. Mr. viding about 250 jobs on both sides of the ters and the citizens and industries that de- Chairman, I yield myself such time as lake. It attracts about 100,000 visitors to our pend on them. For this reason, I supported an I may consume. cities each year. amendment by Congressman TIM BISHOP that (Mr. HUIZENGA of Michigan asked Under this amendment, historic ferries would strengthen the provision of the ballast and was given permission to revise and would continue to operate under the param- water section of the bill to allow states’ to extend his remarks.) eters of the current general vessel permit. The enact stronger protections, with federal ap- Mr. HUIZENGA of Michigan. I rise Badger management has spent significant re- proval, to ensure they meet key standards. today in support of my amendment, sources over the last few years trying to find No legislation is perfect. However, we have along with the co-leads, Chairman TOM a way to convert the vessel to a more modern a legislative process by which we can work to PETRI from Wisconsin and Congress- propulsion system. But it is a difficult, com- improve and address concerns. I know that a man DAN BENISHEK of Michigan. plicated, and costly task. number of my colleagues spoke during the de- Today we’re talking about a par- Even with the passage of this amendment, bate about continuing to work together to im- ticular ship, the SS Badger located in the owners of the Badger will continue working prove the ballast water provision. I look for- Ludington, Michigan. It travels be- with the Maritime Administration and the Great ward to working with my colleagues and the tween Ludington and Manitowoc, Wis- Lakes Maritime Research Institute on a pro- Senate further on this issue. consin. This particular ship has been gram to repower steamships—with the Badger I cast my vote on this amendment reluc- operating on the Great Lakes for over serving as the model vessel for the study. tantly. I am concerned that simply sending the 50 years, most recently coming back Congress and the EPA have recognized the ballast water issue back to Committee, rather into service in 1991, using all private special nature of historic steamships before. than to the Senate, would have likely been a dollars to make that happen. Just a couple years ago, we exempted more death knell for further action in the 112th Con- Its uniqueness is recognized by the than 50 older and unique Great Lakes steam- gress. We have waited long enough. The designation of the National Register of ships from new air emission rules. (I might Great Lakes can’t wait. Wisconsin can’t wait Historic Places and by both the States add that effort was spearheaded by then- any further. of Wisconsin and Michigan. Its propul- Chairmen Dave Obey and Jim Oberstar.) This The Acting CHAIR. The question is sion system is recognized as a mechan- amendment follows that model, and I urge my on the amendment offered by the gen- ical engineering landmark by the colleagues to support it today. tlewoman from New York (Ms. SLAUGH- American Society of Mechanical Engi- The discharge from the Badger has been TER). neers. repeatedly tested and it is non-toxic and NOT The question was taken; and the Act- The Badger is currently operating hazardous. It uses high quality, low-sulfur ing Chair announced that the noes ap- under special rules developed by the coal. The Badger operators have taken many peared to have it. EPA in 2008. These rules are set to ex- steps over the years to reduce discharges and Ms. SLAUGHTER. Mr. Chair, I de- pire at the end of 2012. Without cer- coal use. Some act as if the Badger has been mand a recorded vote. tainty provided by this amendment, out of compliance for decades—but prior to The Acting CHAIR. Pursuant to the Badger could very easily, frankly, 2008, ‘‘discharges incidental to the normal op- clause 6 of rule XVIII, further pro- be forced off the Great Lakes at the eration of a vessel’’ were excluded from get- ceedings on the amendment offered by end of 2012. ting discharge permits. It was a 2006 court de- the gentlewoman from New York will cision that required the new permits. b 1320 be postponed. The Badger serves as an extension of Hwy. With an annual economic impact of 10 across Lake Michigan and carries semi- AMENDMENT NO. 9 OFFERED BY MR. HUIZENGA OF MICHIGAN roughly $35 million between two small trucks and large oversized vehicles and other The Acting CHAIR. It is now in order port cities both in Wisconsin and vehicles that otherwise would be driving to consider amendment No. 9 printed in Michigan, keeping the Badger oper- around the Lake and through the congested House Report 112–267. ational is absolutely vital to our com- Chicago area. By one estimate, that saves Mr. HUIZENGA of Michigan. I have munities. I urge all of my colleagues one million gallons of fuel each year and re- an amendment at the desk. today to join us in recognizing the his- duces air emissions. The Acting CHAIR. The Clerk will toric significance of these Great Lake The environment will not be saved by shut- designate the amendment. steamships by supporting the ting down the Badger, but you will kill jobs, our The text of the amendment is as fol- Huizenga-Petri-Benishek amendment. local economy and a bit of our history. Mr. HUIZENGA of Michigan. At this lows: I reserve the balance of my time. The Acting CHAIR. Who seeks time time, Mr. Chair, I yield to my fellow At the end of title VII, add the following: in opposition? Congressman from Michigan, Rep- SEC. 707. SPECIAL CONSIDERATION FOR VESSELS The Chair recognizes the gentleman resentative DAN BENISHEK. OF HISTORICAL SIGNIFICANCE. from Michigan. Mr. BENISHEK. I thank the gen- (a) IN GENERAL.—Notwithstanding any other provision of this title or the amend- Mr. HUIZENGA of Michigan. Thank tleman for yielding. ments made by this title, a qualified vessel you, Mr. Chair. I appreciate my fellow freshman and shall operate for the life of the vessel under At this time I yield to my colleague, colleague from Michigan for his leader- the terms and conditions of the Vessel Gen- Chairman TOM PETRI from Wisconsin. ship on this issue.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00042 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7377 Mr. Chairman, this is a simple more seriously than the companies op- [Roll No. 832] amendment that addresses a growing erating offshore. Since Deepwater Ho- AYES—174 problem with our friends at the EPA— rizon, multiple safeguards have been Ackerman Frank (MA) Moran their love of bureaucratic red tape. I put in place to ensure worker safety. I Altmire Fudge Nadler represent a district with more Great simply believe that the Coast Guard Andrews Garamendi Napolitano Baca Gonzalez Neal Lakes coastline than any other. Ship- should have an opportunity to assess a Baldwin Green, Al Olver ping and ferries are a part of the Great provision of this nature before we es- Barrow Green, Gene Pallone Lakes heritage. The USS Badger con- tablish an arbitrary mandate that Barton (TX) Grijalva Pascrell Bass (CA) Gutierrez Pastor (AZ) tinues this tradition, transporting they’ll have to comply with. Becerra Hahn Pelosi travelers, cars, trucks, and equipment This amendment does not—does Berkley Hanabusa Perlmutter across Lake Michigan. not—prevent us from implementing Berman Hastings (FL) Peters Don’t be confused. This amendment measures to ensure worker safety. It Bishop (NY) Himes Pingree (ME) Blumenauer Hinchey Polis does not make the Badger exempt from simply requires a 6-month study first Boren Hinojosa Price (NC) EPA regulations. The EPA will con- to allow the Coast Guard to analyze Boswell Hirono Quigley tinue to regulate discharge limits and the safety benefits so that we can pro- Brady (PA) Hochul Rahall other requirements. It simply keeps in vide the safest environment for our off- Braley (IA) Holden Rangel Brown (FL) Holt Reyes place the current regulations that rec- shore drilling workers. Butterfield Honda Richardson ognize the Badger as a unique and his- The Coast Guard may determine that Capuano Hoyer Richmond toric vessel. Keeping the Badger oper- standby vessels should be required. If Carnahan Inslee Ross (AR) Carney Israel Rothman (NJ) ational means saving 1 million gallons so, I will work to ensure that happens. Carson (IN) Jackson (IL) Roybal-Allard in fuel a year from vehicles driving I’m just asking that we review this Castor (FL) Jackson Lee Ryan (OH) around the lake. Passing this amend- issue thoroughly and prudently before Chandler (TX) Sa´ nchez, Linda ment is simple and common sense. It we rush to legislate. Chu Johnson (GA) T. Cicilline Johnson, E. B. Sarbanes allows a national historic place to con- However, at this time, I understand Clarke (MI) Kaptur Schakowsky tinue to function on the Great Lakes. the need to withdraw my amendment Clarke (NY) Keating Schiff I urge passage. and appreciate Chairman MICA’s will- Clay Kildee Schrader ingness to work with me to address my Cleaver Kind Schwartz Mr. HUIZENGA of Michigan. Mr. Clyburn Kissell Scott (VA) Chairman, I yield back the balance of concerns as we work through the legis- Cohen Kucinich Scott, David my time. lative process. I also appreciate the Connolly (VA) Langevin Serrano The Acting CHAIR. The question is gentleman from Louisiana, whose pro- Conyers Larsen (WA) Sewell Cooper Larson (CT) Sherman on the amendment offered by the gen- vision in the bill I sought to improve Costa Lee (CA) Shuler tleman from Michigan (Mr. HUIZENGA). with my amendment. I am grateful for Costello Levin Sires The amendment was agreed to. his commitment to work with me on Courtney Lewis (GA) Slaughter our differences. Critz Lipinski Speier AMENDMENT NO. 10 OFFERED BY MR. OLSON Crowley Loebsack Stark The Acting CHAIR. It is now in order With that, I ask unanimous consent Cuellar Lofgren, Zoe Thompson (CA) to consider amendment No. 10 printed to withdraw my amendment. Cummings Lowey Thompson (MS) in House Report 112–267. The Acting CHAIR. Without objec- Davis (CA) Luja´ n Tierney tion, the amendment is withdrawn. DeFazio Lynch Tonko Mr. OLSON. Mr. Chairman, I have an DeGette Maloney Towns amendment at the desk. There was no objection. DeLauro Markey Tsongas The Acting CHAIR. The Clerk will ANNOUNCEMENT BY THE ACTING CHAIR Deutch Matsui Van Hollen The Acting CHAIR. Pursuant to Dicks McCarthy (NY) Visclosky designate the amendment. Dingell McCollum Walz (MN) The text of the amendment is as fol- clause 6 of rule XVIII, proceedings will Doggett McDermott Wasserman lows: now resume on those amendments Donnelly (IN) McGovern Schultz Strike section 608 of the committee print printed in House Report 112–267, on Doyle McIntyre Waters Edwards McNerney Watt and insert the following: which further proceedings were post- Ellison Meeks Waxman SEC. 608. STANDBY VESSELS. poned, in the following order: Engel Michaud Welch (a) STUDY.—The Commandant of the Coast Amendment No. 3 by Mr. CUMMINGS Eshoo Miller (NC) Wilson (FL) Guard, in consultation with appropriate rep- of Maryland. Farr Miller, George Woolsey Fattah Moore Yarmuth resentatives of industry, shall conduct a fea- Amendment No. 4 by Mr. THOMPSON sibility study to determine the capability, of Mississippi. NOES—227 costs, and benefits of requiring the owner or Amendment No. 6 by Mrs. Adams Cassidy Garrett operator of a manned facility, installation, NAPOLITANO of California. Aderholt Chabot Gerlach unit, or vessel to locate a standby vessel— Amendment No. 7 by Mr. BISHOP of Akin Chaffetz Gibbs (1) not more than 3 nautical miles from Alexander Coffman (CO) Gibson such manned facility, installation, unit, or New York. Amash Cole Gingrey (GA) vessel while it is performing drilling, plug- Amendment No. 8 by Ms. SLAUGHTER Amodei Conaway Gohmert ging, abandoning, or workover operations; of New York. Bachus Cravaack Goodlatte The Chair will reduce to 2 minutes Barletta Crawford Gosar and Bartlett Crenshaw Gowdy (2) not more than 12 nautical miles from the time for any electronic vote after Bass (NH) Culberson Granger such manned facility, installation, unit, or the first vote in this series. Benishek Davis (KY) Graves (GA) vessel while it is performing operations AMENDMENT NO. 3 OFFERED BY MR. CUMMINGS Berg Denham Graves (MO) Biggert Dent Griffin (AR) other than drilling, plugging, abandoning, or The Acting CHAIR. The unfinished workover operations. Bilbray DesJarlais Griffith (VA) (b) REPORT TO CONGRESS.—Not later than business is the demand for a recorded Bilirakis Diaz-Balart Grimm 180 days after the date of enactment of this vote on the amendment offered by the Bishop (UT) Dold Guinta Black Dreier Guthrie Act, the Commandant shall submit to Con- gentleman from Maryland (Mr. Blackburn Duffy Hall gress a report on the results of the study CUMMINGS) on which further pro- Bonner Duncan (SC) Hanna conducted under subsection (a). ceedings were postponed and on which Bono Mack Duncan (TN) Harper The Acting CHAIR. Pursuant to the noes prevailed by voice vote. Boustany Ellmers Harris Brady (TX) Emerson Hartzler House Resolution 455, the gentleman The Clerk will redesignate the Brooks Farenthold Hastings (WA) from Texas (Mr. OLSON) and a Member amendment. Broun (GA) Fincher Hayworth opposed each will control 5 minutes. The Clerk redesignated the amend- Buchanan Fitzpatrick Heck ment. Bucshon Flake Hensarling The Chair recognizes the gentleman Buerkle Fleischmann Herger from Texas. RECORDED VOTE Burgess Fleming Herrera Beutler Mr. OLSON. Mr. Chairman, I yield The Acting CHAIR. A recorded vote Calvert Flores Huelskamp myself such time as I may consume. Camp Forbes Huizenga (MI) has been demanded. Campbell Fortenberry Hultgren I believe that issuing a mandate of A recorded vote was ordered. Canseco Foxx Hunter this nature without proper study to de- The vote was taken by electronic de- Cantor Franks (AZ) Hurt termine if it will increase safety would vice, and there were—ayes 174, noes 227, Capito Frelinghuysen Johnson (IL) be problematic. No one takes safety not voting 32, as follows: Carter Gardner Johnson (OH)

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00043 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7378 CONGRESSIONAL RECORD — HOUSE November 4, 2011 Johnson, Sam Miller, Gary Schilling The vote was taken by electronic de- Hall McCaul Rokita Jordan Mulvaney Schmidt vice, and there were—ayes 182, noes 218, Hanna McClintock Rooney Kelly Murphy (PA) Schweikert Harper McCotter Ros-Lehtinen King (IA) Myrick Scott (SC) not voting 33, as follows: Harris McHenry Roskam King (NY) Neugebauer Scott, Austin [Roll No. 833] Hartzler McKeon Royce Kingston Noem Sensenbrenner Hastings (WA) McKinley Runyan Kinzinger (IL) Nugent Sessions AYES—182 Hayworth McMorris Ryan (WI) Kline Nunes Hensarling Shimkus Ackerman Gibson Moran Rodgers Scalise Labrador Nunnelee Herger Meehan Schilling Shuster Alexander Gonzalez Mulvaney Lamborn Olson Herrera Beutler Mica Schmidt Simpson Altmire Goodlatte Napolitano Lance Palazzo Himes Miller (FL) Schock Smith (NE) Amodei Gowdy Neal Landry Paulsen Huelskamp Andrews Green, Al Olver Miller (MI) Schweikert Lankford Pearce Smith (NJ) Huizenga (MI) Baca Green, Gene Pallone Miller, Gary Scott (SC) Latham Petri Smith (TX) Hultgren Baldwin Grijalva Pascrell Murphy (PA) Scott, Austin LaTourette Pitts Southerland Hunter Barrow Gutierrez Pastor (AZ) Myrick Sessions Latta Platts Stearns Hurt Bartlett Hahn Paulsen Nadler Shimkus Lewis (CA) Poe (TX) Stivers Johnson (IL) Barton (TX) Hanabusa Pelosi Neugebauer Shuster LoBiondo Pompeo Stutzman Johnson (OH) Bass (CA) Hastings (FL) Peters Noem Simpson Long Posey Terry Johnson, Sam Becerra Heck Pingree (ME) Nugent Smith (NE) Lucas Price (GA) Jordan Thompson (PA) Berkley Hinchey Price (NC) Nunes Smith (NJ) Luetkemeyer Quayle Kelly Thornberry Berman Hinojosa Quigley Nunnelee Smith (TX) Lummis Reed Kind Tiberi Bishop (NY) Hirono Rahall Olson Stearns Lungren, Daniel Rehberg King (IA) Tipton Blumenauer Hochul Rangel Palazzo Stivers E. Reichert King (NY) Turner (NY) Bonner Holden Rehberg Pearce Stutzman Mack Renacci Kinzinger (IL) Turner (OH) Boren Holt Renacci Perlmutter Terry Manzullo Ribble Kline Upton Boswell Honda Reyes Petri Thompson (PA) Marchant Rigell Labrador Walberg Brady (PA) Hoyer Richardson Pitts Thornberry Marino Rivera Lamborn Platts Tiberi Walden Braley (IA) Inslee Richmond Matheson Roby Lance Poe (TX) Tipton Walsh (IL) Brown (FL) Israel Ross (AR) McCarthy (CA) Roe (TN) Landry Polis Turner (NY) Webster Butterfield Jackson (IL) Rothman (NJ) McCaul Rogers (AL) Lankford Pompeo Turner (OH) West Capuano Jackson Lee Roybal-Allard McClintock Rogers (KY) Larson (CT) Carnahan (TX) Ryan (OH) Posey Upton McCotter Rogers (MI) Westmoreland Latham Carson (IN) Johnson (GA) Sa´ nchez, Linda Price (GA) Walberg McHenry Rohrabacher Whitfield LaTourette Castor (FL) Johnson, E. B. T. Quayle Walden McKeon Rokita Wilson (SC) Latta Chandler Kaptur Sarbanes Reed Walsh (IL) McKinley Rooney Wittman Lewis (CA) Chu Keating Schakowsky Reichert West McMorris Ros-Lehtinen Wolf LoBiondo Cicilline Kildee Schiff Ribble Whitfield Rodgers Roskam Womack Long Clarke (MI) Kingston Schrader Rigell Wilson (SC) Meehan Royce Woodall Lucas Clarke (NY) Kissell Schwartz Rivera Wittman Mica Runyan Yoder Luetkemeyer Clay Kucinich Scott (VA) Roby Wolf Miller (FL) Ryan (WI) Young (AK) Mack Cleaver Langevin Scott, David Roe (TN) Womack Miller (MI) Scalise Young (IN) Manzullo Clyburn Larsen (WA) Sensenbrenner Rogers (AL) Woodall Marchant Cohen Lee (CA) Serrano Rogers (KY) Yoder NOT VOTING—32 Marino Connolly (VA) Levin Sewell Rogers (MI) Young (AK) McCarthy (CA) Austria Heinrich Ross (FL) Conyers Lewis (GA) Sherman Rohrabacher Young (IN) Bachmann Higgins Ruppersberger Costello Lipinski Shuler NOT VOTING—33 Bishop (GA) Issa Rush Critz Loebsack Sires Burton (IN) Jenkins Sanchez, Loretta Crowley Lofgren, Zoe Slaughter Austria Heinrich Ross (FL) Capps Jones Schock Cuellar Lowey Southerland Bachmann Higgins Ruppersberger Cardoza Murphy (CT) Smith (WA) Cummings Luja´ n Speier Bishop (GA) Issa Rush Coble Owens Sullivan Davis (CA) Lummis Stark Burton (IN) Jenkins Sanchez, Loretta Davis (IL) Paul Sutton DeFazio Lungren, Daniel Thompson (CA) Capps Jones Smith (WA) Filner Payne Vela´ zquez DeGette E. Thompson (MS) Cardoza Murphy (CT) Sullivan Gallegly Pence Young (FL) Deutch Lynch Tierney Coble Owens Sutton Giffords Peterson Dicks Maloney Tonko Davis (IL) Paul Van Hollen Filner Payne Vela´ zquez b 1350 Dingell Markey Towns Doggett Matheson Tsongas Gallegly Pence Westmoreland Messrs. FORTENBERRY and SCHIL- Donnelly (IN) Matsui Visclosky Giffords Peterson Young (FL) LING changed their vote from ‘‘aye’’ to Doyle McCarthy (NY) Walz (MN) ANNOUNCEMENT BY THE ACTING CHAIR ‘‘no.’’ Duncan (TN) McCollum Wasserman Edwards McDermott Schultz The Acting CHAIR (during the vote). Mr. DONNELLY of Indiana, Ms. ZOE Ellison McGovern Waters There is 1 minute remaining. LOFGREN of California, and Mr. GENE Engel McIntyre Watt GREEN of Texas changed their vote Eshoo McNerney Waxman b 1354 from ‘‘no’’ to ‘‘aye.’’ Farr Meeks Webster Fattah Michaud Welch Mr. ROTHMAN of New Jersey So the amendment was rejected. Fitzpatrick Miller (NC) Wilson (FL) changed his vote from ‘‘no’’ to ‘‘aye.’’ The result of the vote was announced Fudge Miller, George Woolsey So the amendment was rejected. as above recorded. Garamendi Moore Yarmuth The result of the vote was announced Stated for: NOES—218 as above recorded. Mr. FILNER. Mr. Chair, on rollcall 832, I was Stated for: away from the Capitol due to prior commit- Adams Cantor Emerson Aderholt Capito Farenthold Mr. FILNER. Mr. Chair, on rollcall 833, I was ments to my constituents. Had I been present, Akin Carney Fincher away from the Capitol due to prior commit- I would have voted ‘‘aye.’’ Amash Carter Flake ments to my constituents. Had I been present, AMENDMENT NO. 4 OFFERED BY MR. THOMPSON Bachus Cassidy Fleischmann Barletta Chabot Fleming I would have voted ‘‘aye.’’ OF MISSISSIPPI Bass (NH) Chaffetz Flores The Acting CHAIR. The unfinished AMENDMENT NO. 6 OFFERED BY MRS. Benishek Coffman (CO) Forbes NAPOLITANO business is the demand for a recorded Berg Cole Fortenberry The Acting CHAIR. The unfinished vote on the amendment offered by the Biggert Conaway Foxx Bilbray Cooper Frank (MA) business is the demand for a recorded gentleman from Mississippi (Mr. Bilirakis Costa Franks (AZ) vote on the amendment offered by the THOMPSON) on which further pro- Bishop (UT) Courtney Frelinghuysen gentlewoman from California (Mrs. ceedings were postponed and on which Black Cravaack Gardner Blackburn Crawford Garrett NAPOLITANO) on which further pro- the noes prevailed by voice vote. Bono Mack Crenshaw Gerlach The Clerk will redesignate the ceedings were postponed and on which Boustany Culberson Gibbs the noes prevailed by voice vote. amendment. Brady (TX) Davis (KY) Gingrey (GA) The Clerk redesignated the amend- Brooks DeLauro Gohmert The Clerk will redesignate the ment. Broun (GA) Denham Gosar amendment. Buchanan Dent Granger The Clerk redesignated the amend- RECORDED VOTE Bucshon DesJarlais Graves (GA) The Acting CHAIR. A recorded vote Buerkle Diaz-Balart Graves (MO) ment. has been demanded. Burgess Dold Griffin (AR) RECORDED VOTE Calvert Dreier Griffith (VA) The Acting CHAIR. A recorded vote A recorded vote was ordered. Camp Duffy Grimm The Acting CHAIR. This is a 2- Campbell Duncan (SC) Guinta has been demanded. minute vote. Canseco Ellmers Guthrie A recorded vote was ordered.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00044 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 4, 2011 CONGRESSIONAL RECORD — HOUSE H7379 The Acting CHAIR. This is a 2- Posey Schakowsky Thornberry RECORDED VOTE Price (GA) Schiff Tierney minute vote. Price (NC) Schilling Tipton The Acting CHAIR. A recorded vote The vote was taken by electronic de- Quayle Schock Tonko has been demanded. vice, and there were—ayes 364, noes 37, Quigley Schrader Tsongas A recorded vote was ordered. not voting 32, as follows: Rahall Schwartz Turner (NY) The Acting CHAIR. This is a 2- Reed Schweikert Turner (OH) [Roll No. 834] Rehberg Scott (SC) Upton minute vote. AYES—364 Reichert Scott (VA) Van Hollen The vote was taken by electronic de- Renacci Scott, Austin Visclosky vice, and there were—ayes 174, noes 225, Adams Dold Kingston Reyes Scott, David Walden Aderholt Donnelly (IN) Kinzinger (IL) Richardson Sensenbrenner Walz (MN) not voting 34, as follows: Akin Doyle Kissell Richmond Serrano Wasserman [Roll No. 835] Alexander Dreier Kline Rigell Sessions Schultz AYES—174 Altmire Duffy Kucinich Rivera Sewell Waters Amodei Duncan (SC) Labrador Roby Sherman Watt Ackerman Gibson Nadler Andrews Duncan (TN) Lamborn Roe (TN) Shimkus Waxman Amash Gonzalez Napolitano Baca Ellison Lance Rogers (KY) Shuler Webster Andrews Green, Al Neal Bachus Ellmers Landry Rogers (MI) Shuster Welch Baca Grijalva Olver Baldwin Emerson Langevin Rohrabacher Simpson West Baldwin Gutierrez Pallone Barletta Engel Lankford Rokita Sires Westmoreland Bass (CA) Hahn Pascrell Barrow Eshoo Larson (CT) Rooney Slaughter Whitfield Becerra Hanabusa Pastor (AZ) Bartlett Farenthold Latham Ross (AR) Smith (NE) Wilson (FL) Benishek Hastings (FL) Paulsen Barton (TX) Farr LaTourette Rothman (NJ) Smith (NJ) Wilson (SC) Berkley Hayworth Pelosi Bass (CA) Fattah Latta Roybal-Allard Smith (TX) Wittman Berman Himes Perlmutter Bass (NH) Fincher Lee (CA) Royce Southerland Wolf Bishop (NY) Hinchey Peters Becerra Fitzpatrick Levin Runyan Speier Womack Bishop (UT) Hinojosa Pingree (ME) Benishek Flake Lewis (CA) Ryan (OH) Stark Woodall Blumenauer Hirono Polis Berg Fleischmann Lewis (GA) Ryan (WI) Stearns Woolsey Boswell Hochul Price (NC) Berkley Fleming Lipinski Sa´ nchez, Linda Stutzman Yarmuth Brady (PA) Holden Quigley Biggert Flores LoBiondo T. Thompson (CA) Yoder Braley (IA) Holt Rahall Bilbray Forbes Loebsack Sarbanes Thompson (MS) Young (AK) Brown (FL) Honda Rangel Bilirakis Fortenberry Lofgren, Zoe Scalise Thompson (PA) Young (IN) Butterfield Hoyer Reyes Bishop (NY) Foxx Lowey Camp Huizenga (MI) Richardson Bishop (UT) Frank (MA) Lucas NOES—37 Campbell Inslee Rogers (MI) Black Franks (AZ) Luetkemeyer Ackerman Gutierrez Ribble Capuano Israel Ross (AR) ´ Blumenauer Frelinghuysen Lujan Amash Hastings (FL) Rogers (AL) Carnahan Jackson (IL) Rothman (NJ) Bono Mack Garamendi Lummis Berman Honda Ros-Lehtinen Carney Jackson Lee Roybal-Allard Boren Gardner Lungren, Daniel Blackburn Hultgren Roskam Carson (IN) (TX) Ryan (OH) Boswell Garrett E. ´ Bonner Johnson, E. B. Schmidt Castor (FL) Johnson (GA) Sanchez, Linda Boustany Gerlach Lynch Chandler Johnson, E. B. T. Brady (TX) Kildee Stivers Brady (PA) Gibbs Mack Chu Keating Sarbanes Brooks Larsen (WA) Terry Braley (IA) Gibson Maloney Cicilline Kildee Schakowsky Cantor Long Tiberi Broun (GA) Gingrey (GA) Marchant Clarke (NY) Manzullo Clarke (MI) Kind Schiff Towns Brown (FL) Gohmert Marino Crowley Meeks Clarke (NY) Kucinich Schrader Walberg Buchanan Gonzalez Markey Diaz-Balart Mulvaney Clay Langevin Schwartz Walsh (IL) Bucshon Goodlatte Matheson Edwards Olson Cleaver Larsen (WA) Scott (VA) Buerkle Gosar Matsui Fudge Rangel Clyburn Larson (CT) Scott, David Burgess Gowdy McCarthy (CA) Cohen Lee (CA) Serrano Butterfield Granger McCarthy (NY) NOT VOTING—32 Connolly (VA) Levin Sewell Calvert Graves (GA) McCaul Austria Grijalva Peterson Conyers Lewis (GA) Sherman Camp Graves (MO) McClintock Bachmann Heinrich Ross (FL) Courtney Lipinski Shuler Campbell Green, Al McCollum Bishop (GA) Higgins Ruppersberger Critz Loebsack Sires Canseco Green, Gene McCotter Burton (IN) Issa Rush Crowley Lofgren, Zoe Slaughter Capito Griffin (AR) McDermott Capps Jenkins Sanchez, Loretta Cummings Lowey Speier Capuano Griffith (VA) McGovern Davis (CA) Luja´ n Stark Cardoza Jones Smith (WA) Carnahan Grimm McHenry DeFazio Lynch Thompson (CA) Coble Murphy (CT) Sullivan Carney Guinta McIntyre DeGette Maloney Tierney Davis (IL) Owens Sutton Carson (IN) Guthrie McKeon Filner Paul DeLauro Markey Tonko Vela´ zquez Carter Hahn McKinley Gallegly Payne Deutch Matheson Towns Young (FL) Cassidy Hall McMorris Giffords Pence Dicks Matsui Tsongas Castor (FL) Hanabusa Rodgers Dingell McCarthy (NY) Upton Chabot Hanna McNerney ANNOUNCEMENT BY THE ACTING CHAIR Doggett McCollum Van Hollen Chaffetz Harper Meehan The Acting CHAIR (during the vote). Dold McCotter Walberg Chandler Harris Mica There are 30 seconds remaining. Doyle McDermott Walz (MN) Chu Hartzler Michaud Edwards McGovern Wasserman Cicilline Hastings (WA) Miller (FL) b 1401 Ellison McIntyre Schultz Clarke (MI) Hayworth Miller (MI) Engel McNerney Waters Clay Heck Miller (NC) Messrs. HONDA and GUTIERREZ Eshoo Meeks Watt Cleaver Hensarling Miller, Gary changed their vote from ‘‘aye’’ to ‘‘no.’’ Farr Miller (MI) Waxman Clyburn Herger Miller, George Mrs. BLACK and Messrs. JOHNSON Fattah Miller (NC) Welch Coffman (CO) Herrera Beutler Moore of Ohio, PALAZZO, and NUNES Frank (MA) Miller, George Wilson (FL) Cohen Himes Moran Fudge Moore Woolsey Cole Hinchey Murphy (PA) changed their vote from ‘‘no’’ to ‘‘aye.’’ Garamendi Moran Yarmuth Conaway Hinojosa Myrick So the amendment was agreed to. Connolly (VA) Hirono Nadler The result of the vote was announced NOES—225 Conyers Hochul Napolitano as above recorded. Adams Brooks Culberson Cooper Holden Neal Stated for: Aderholt Broun (GA) Davis (KY) Costa Holt Neugebauer Akin Buchanan Denham Costello Hoyer Noem Mr. FILNER. Mr. Chair, on rollcall 834, I was Alexander Bucshon Dent Courtney Huelskamp Nugent away from the Capitol due to prior commit- Altmire Buerkle DesJarlais Cravaack Huizenga (MI) Nunes ments to my constituents. Had I been present, Amodei Burgess Diaz-Balart Crawford Hunter Nunnelee I would have voted ‘‘aye.’’ Bachus Calvert Donnelly (IN) Crenshaw Hurt Olver Barletta Canseco Dreier Critz Inslee Palazzo AMENDMENT NO. 7 OFFERED BY MR. BISHOP OF Barrow Cantor Duffy Cuellar Israel Pallone NEW YORK Bartlett Capito Duncan (SC) Culberson Jackson (IL) Pascrell The Acting CHAIR. The unfinished Barton (TX) Carter Duncan (TN) Cummings Jackson Lee Pastor (AZ) business is the demand for a recorded Bass (NH) Chabot Ellmers Davis (CA) (TX) Paulsen Berg Chaffetz Emerson Davis (KY) Johnson (GA) Pearce vote on the amendment offered by the Biggert Coffman (CO) Farenthold DeFazio Johnson (IL) Pelosi gentleman from New York (Mr. BISHOP) Bilbray Cole Fincher DeGette Johnson (OH) Perlmutter on which further proceedings were Bilirakis Conaway Fitzpatrick DeLauro Johnson, Sam Peters postponed and on which the noes pre- Black Cooper Flake Denham Jordan Petri Blackburn Costa Fleischmann Dent Kaptur Pingree (ME) vailed by voice vote. Bonner Costello Fleming DesJarlais Keating Pitts The Clerk will redesignate the Bono Mack Cravaack Flores Deutch Kelly Platts Boren Crawford Forbes Dicks Kind Poe (TX) amendment. The Clerk redesignated the amend- Boustany Crenshaw Fortenberry Dingell King (IA) Polis Brady (TX) Cuellar Foxx Doggett King (NY) Pompeo ment.

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00045 Fmt 0636 Sfmt 0634 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7380 CONGRESSIONAL RECORD — HOUSE November 4, 2011

Franks (AZ) Lewis (CA) Roe (TN) RECORDED VOTE Gohmert LoBiondo Richmond Frelinghuysen LoBiondo Rogers (AL) Goodlatte Long Rivera Gardner Long Rogers (KY) The Acting CHAIR. A recorded vote Gosar Lucas Roby Garrett Lucas Rohrabacher has been demanded. Gowdy Luetkemeyer Roe (TN) Gerlach Luetkemeyer Rokita A recorded vote was ordered. Granger Lummis Rogers (AL) Gibbs Lummis Rooney Graves (GA) Lungren, Daniel Rogers (KY) Gingrey (GA) Lungren, Daniel Ros-Lehtinen The Acting CHAIR. This is a 2- Graves (MO) E. Rohrabacher Gohmert E. Roskam minute vote. Green, Al Lynch Rokita Goodlatte Mack Royce The vote was taken by electronic de- Green, Gene Mack Rooney Gosar Manzullo Griffin (AR) Manzullo Runyan vice, and there were—ayes 161, noes 237, Ros-Lehtinen Gowdy Marchant Ryan (WI) Griffith (VA) Marchant Roskam Granger Marino Scalise not voting 35, as follows: Grimm Marino Ross (AR) Graves (GA) McCarthy (CA) Schilling [Roll No. 836] Guinta Matheson Royce Graves (MO) McCaul Schmidt Guthrie McCarthy (CA) Runyan Green, Gene McClintock Schock AYES—161 Hall McCaul Ryan (WI) Griffin (AR) McHenry Hanna McClintock Schweikert Ackerman Gonzalez Paulsen Scalise Griffith (VA) McKeon Harper McHenry Scott (SC) Amash Grijalva Pelosi Schilling Grimm McKinley Harris McKeon Scott, Austin Andrews Gutierrez Perlmutter Schmidt Guinta McMorris Hartzler McKinley Sensenbrenner Baca Hahn Schock Guthrie Rodgers Peters Hastings (WA) McMorris Sessions Baldwin Hanabusa Schweikert Hall Meehan Polis Hayworth Rodgers Shimkus Bass (CA) Hastings (FL) Scott (SC) Hanna Mica Price (NC) Heck Meehan Shuster Becerra Himes Harper Michaud Quigley Hensarling Mica Scott, Austin Benishek Hinchey Harris Miller (FL) Simpson Rangel Herger Michaud Sensenbrenner Berkley Hinojosa Hartzler Miller, Gary Smith (NE) Reyes Herrera Beutler Miller (FL) Sessions Berman Hochul Hastings (WA) Mulvaney Smith (NJ) Richardson Hirono Miller, Gary Shimkus Bishop (NY) Holt Heck Murphy (PA) Smith (TX) Rigell Holden Moore Smith (NE) Blumenauer Honda Hensarling Myrick Southerland Rogers (MI) Huelskamp Mulvaney Smith (NJ) Boswell Hoyer Herrera Beutler Neugebauer Stearns Rothman (NJ) Hultgren Murphy (PA) Smith (TX) Brady (PA) Huizenga (MI) Huelskamp Noem Stivers Roybal-Allard Hunter Myrick Southerland Braley (IA) Inslee Hultgren Nugent Stutzman Hurt Neugebauer Stearns Butterfield Israel Ryan (OH) Hunter Nunes Thompson (MS) ´ Johnson (IL) Noem Stivers Camp Jackson (IL) Sanchez, Linda Hurt Nunnelee Thompson (PA) Johnson (OH) Nugent Stutzman Capuano Johnson (GA) T. Johnson (IL) Olson Thornberry Johnson, Sam Nunes Thompson (MS) Carnahan Johnson, E. B. Sarbanes Johnson (OH) Palazzo Tiberi Jordan Nunnelee Thompson (PA) Carney Keating Schakowsky Johnson, Sam Pearce Tipton Kaptur Olson Thornberry Carson (IN) Kildee Schiff Jordan Petri Turner (NY) Kelly Palazzo Tiberi Castor (FL) Kind Schrader Kaptur Pitts Turner (OH) King (IA) Pearce Tipton Chandler Langevin Schwartz Kelly Platts Visclosky King (NY) Petri Turner (NY) Chu Larsen (WA) Scott (VA) King (IA) Poe (TX) Walden Kingston Pingree (ME) Turner (OH) Cicilline Larson (CT) Scott, David King (NY) Pompeo Walsh (IL) Kinzinger (IL) Pitts Visclosky Clarke (MI) Lee (CA) Serrano Kingston Posey Webster Kissell Platts Walden Clarke (NY) Levin Sewell Kinzinger (IL) Price (GA) West Kline Poe (TX) Walsh (IL) Clay Lewis (GA) Sherman Kissell Quayle Westmoreland Kucinich Pompeo Webster Cleaver Lipinski Kline Reed Whitfield Shuler Labrador Posey West Clyburn Loebsack Labrador Rehberg Wilson (SC) Simpson Lamborn Price (GA) Westmoreland Connolly (VA) Lofgren, Zoe Lamborn Reichert Wittman Sires Lance Quayle Whitfield Conyers Lowey Lance Renacci Wolf Slaughter Landry Rahall Wilson (SC) Costello Luja´ n Landry Ribble Womack Speier Lankford Reed Womack Courtney Maloney Lankford Richmond Woodall Stark Latham Rehberg Woodall Crowley Markey Latham Rigell Yoder Thompson (CA) LaTourette Reichert Yoder Davis (CA) Matsui LaTourette Rivera Young (AK) Tierney Latta Renacci Young (AK) DeFazio McCarthy (NY) Latta Roby Young (IN) Tonko Lewis (CA) Ribble Young (IN) DeGette McCollum Towns DeLauro McCotter NOT VOTING—34 Tsongas NOT VOTING—35 Deutch McDermott Austria Heinrich Ross (FL) Dicks McGovern Upton Austria Heinrich Peterson Bachmann Herger Ruppersberger Dingell McIntyre Van Hollen Bachmann Higgins Ross (FL) Bishop (GA) Higgins Rush Doggett McNerney Walberg Berg Issa Ruppersberger Burton (IN) Issa Sanchez, Loretta Dold Meeks Walz (MN) Bishop (GA) Jackson Lee Rush Capps Jenkins Smith (WA) Doyle Miller (MI) Wasserman Burton (IN) (TX) Sanchez, Loretta Cardoza Jones Sullivan Edwards Miller (NC) Schultz Capps Jenkins Shuster Cardoza Jones Smith (WA) Cassidy Murphy (CT) Sutton Ellison Miller, George Waters Coble Murphy (CT) Sullivan Coble Owens Terry Engel Moran Watt Davis (IL) Paul Davis (IL) Owens Sutton Vela´ zquez Eshoo Nadler Waxman Filner Payne Farr Napolitano Welch Filner Paul Terry Young (FL) ´ Gallegly Pence Fattah Neal Wilson (FL) Gallegly Payne Velazquez Giffords Peterson Forbes Olver Wittman Giffords Pence Young (FL) Frank (MA) Pallone Wolf b 1409 Fudge Pascrell Woolsey b 1405 Garamendi Pastor (AZ) Yarmuth So the amendment was rejected. Mr. CHAFFETZ and Ms. KAPTUR NOES—237 The result of the vote was announced changed their vote from ‘‘aye’’ to ‘‘no.’’ as above recorded. Adams Bucshon Dent So the amendment was rejected. Aderholt Buerkle DesJarlais Stated for: The result of the vote was announced Akin Burgess Diaz-Balart Mr. FILNER. Mr. Chair, on rollcall 836, I was as above recorded. Alexander Calvert Donnelly (IN) away from the Capitol due to prior commit- Altmire Campbell Dreier ments to my constituents. Had I been present, Stated for: Amodei Canseco Duffy Mr. FILNER. Mr. Chair, on rollcall 835, I was Bachus Cantor Duncan (SC) I would have voted ‘‘aye.’’ Barletta Capito Duncan (TN) f away from the Capitol due to prior commit- Barrow Carter Ellmers ments to my constituents. Had I been present, Bartlett Cassidy Emerson PERSONAL EXPLANATION I would have voted ‘‘aye.’’ Barton (TX) Chabot Farenthold Bass (NH) Chaffetz Fincher Mr. HIGGINS. Mr. Chair, I was in my district AMENDMENT NO. 8 OFFERED BY MS. SLAUGHTER Biggert Coffman (CO) Fitzpatrick today to attend to matters concerning the The Acting CHAIR. The unfinished Bilbray Cohen Flake opening of a new federal courthouse in Buf- business is the demand for a recorded Bilirakis Cole Fleischmann Bishop (UT) Conaway Fleming falo. This is one of the largest federal projects vote on the amendment offered by the Black Cooper Flores completed in western New York in recent gentlewoman from New York (Ms. Blackburn Costa Fortenberry years, supporting hundreds of jobs. This strik- SLAUGHTER) on which further pro- Bonner Cravaack Foxx ing structure, standing at the center of Buf- ceedings were postponed and on which Bono Mack Crawford Franks (AZ) Boren Crenshaw Frelinghuysen falo’s business district, is symbolic of Buffalo’s the noes prevailed by voice vote. Boustany Critz Gardner rising opportunities in connection to our unique The Clerk will redesignate the Brady (TX) Cuellar Garrett architecture and history. amendment. Brooks Culberson Gerlach My presence in Buffalo caused me to miss Broun (GA) Cummings Gibbs The Clerk redesignated the amend- Brown (FL) Davis (KY) Gibson several votes in the House today. As a strong ment. Buchanan Denham Gingrey (GA) supporter of both maritime commerce and the

VerDate Mar 15 2010 00:36 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00046 Fmt 0636 Sfmt 9920 E:\RECORD11\RECFILES\H04NO1.REC H04NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE