H. Rept. 112-267 - 112th Congress (2011-2012)
November 03, 2011, As Reported by the Rules Committee

Report text available as:

Formatting necessary for an accurate reading of this legislative text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.




House Report 112-267 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2838) TO AUTHORIZE APPROPRIATIONS FOR THE COAST GUARD FOR FISCAL YEARS 2012 THROUGH 2015, AND FOR OTHER PURPOSES




[House Report 112-267]
[From the U.S. Government Printing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-267

======================================================================



 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2838) TO AUTHORIZE 
APPROPRIATIONS FOR THE COAST GUARD FOR FISCAL YEARS 2012 THROUGH 2015, 
                         AND FOR OTHER PURPOSES
                                _______
                                

  November 3, 2011.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Webster, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 455]

    The Committee on Rules, having had under consideration 
House Resolution 455, by a record vote of 8-4, report the same 
to the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2838, the 
Coast Guard and Maritime Transportation Act of 2011, under a 
structured rule. The resolution provides one hour of general 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Transportation and 
Infrastructure. The resolution waives all points of order 
against consideration of the bill. The resolution makes in 
order as original text for the purpose of amendment an 
amendment in the nature of a substitute consisting of the text 
of the Rules Committee Print of H.R. 2838 dated October 28, 
2011 and provides that it shall be considered as read. The 
resolution waives all points of order against the amendment in 
the nature of a substitute made in order as original text.
    The resolution makes in order only those amendments printed 
in this report and en bloc amendments described in section 3 of 
the resolution. Amendments printed in this report may be 
offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole. The resolution waives 
all points of order against the amendments printed in this 
report.
    Section 3 of the resolution permits the chairman of the 
Committee on Transportation and Infrastructure or his designee 
to offer amendments en bloc if those amendments have been 
printed in this report and not earlier disposed of. Section 4 
of the resolution provides one motion to recommit with or 
without instructions.
    Finally, section 5 of the resolution provides that it shall 
be in order at any time on the legislative day of November 4, 
2011, for the Speaker to entertain motions that the House 
suspend the rules relating to a measure addressing the 
applicability of the coastwise trade laws.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of H.R. 2838, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    The waiver of all points of order against the Rules 
Committee Print includes a waiver of Clause 7 of rule XVI, 
which prohibits the consideration of nongermane measures. The 
waiver is necessary because the Rules Committee Print 
incorporates the text of H.R. 2840 as reported by the Committee 
on Transportation and Infrastructure, which is not germane to 
H.R. 2838 as reported.
    Although the rule waives all points of order against the 
amendments printed in this report and amendments en bloc 
consisting of such amendments, the Committee is not aware of 
any points of order. The waiver is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 146

    Motion by Ms. Slaughter to report an open rule. Defeated: 
4-8.


----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 147

    Motion by Ms. Slaughter to amend the rule to make in order 
en bloc and provide the necessary waivers for amendment #24, 
offered by Rep. Baldwin (WI), which would prohibit funds from 
being used to design, develop or procure Coast Guard Offshore 
Patrol Cutter ships unless the main diesel engines are 
manufactured in the United States and made by American workers; 
amendment #21, offered by Rep. Brown (FL), which would 
authorize the Corp of Engineer to construct projects critical 
to navigation safety; amendment #23, offered by Rep. Dingell 
(MI) and Rep. Slaughter (NY), which would allow a state to 
enact and enforce such laws as the states deems necessary to 
develop, implement, and enforce ballast water standards and 
programs established by the state; amendment #7, offered by 
Rep. Farr (CA), which would reauthorize the Marine Debris 
Programs within the United States Coast Guard and the National 
Oceanic Atmospheric Administration; amendment #5, offered by 
Rep. Kissell (NC), which would prohibit the U.S. Coast Guard 
from procuring items classified as textiles and apparel that 
are not grown, reprocessed, reused, or produced in the United 
States; amendment #33, offered by Rep. Lipinski (IL), which 
would require a report on the country of origin for goods and 
supplies and to promote acquisitions from domestic suppliers 
when possible; amendment #25, offered by Rep. Richardson (CA), 
which would give Port Security Grant recipients the flexibility 
to use Port Security Grant funds for personnel expenses, which 
are currently prohibited from being used to fund statutorily-
mandated security personnel costs; amendment #26, offered by 
Rep. Richardson (CA), which would allow recipients of the Port 
Security Grant program the ability to choose whether it is more 
cost effective to fix or replace defective security equipment; 
amendment #27, offered by Rep. Richardson (CA), which would 
ensure that when the Marine Transportation System Assessment 
and Strategy is drafted it includes a plan to identify maritime 
projects of national significance, steps taken to implement 
actions recommended by the 9/11 Commission regarding 100 
percent screening at ports, and a plan with recommended actions 
for fully utilizing the Harbor Maintenance Trust Fund; 
amendment #1, offered by Rep. Sanchez (CA), which would require 
the Commandant to report to Congress about the threat of, 
vulnerability to, and consequence of an act of terrorism using 
a small vessel to attack United States vessels, ports, or 
maritime interests; amendment #15, offered by Rep. Thompson 
(MS), which would add a new section to the end of Title IV to 
allow Port Security Grant Program recipients for fiscal years 
2007 to 2009 to hold off on expending funds for procurement and 
installation of biometric readers, as required under 46 U.S.C. 
70105, until a year after the regulation for the Transportation 
Worker Identification Credential biometric readers is issued by 
the Coast Guard; and amendment #16, offered by Rep. Thompson 
(MS), which would modify Section 310 to allow the Secretary of 
Homeland Security to access Coast Guard fixed-wing aircraft in 
the event of a terrorist incident and would add the Committee 
on Homeland Security to the list of recipients for the Fleet 
Mix Analysis and Coast Guard Cutter study required under the 
section. Defeated: 4-8.


----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Ms. Slaughter.....................          Yea
Ms. Foxx........................................          Nay   Mr. McGovern......................          Yea
Mr. Bishop of Utah..............................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................          Yea
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 148

    Motion by Mr. Sessions to report the rule. Adopted: 8-4.


----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Yea   Ms. Slaughter.....................          Nay
Ms. Foxx........................................          Yea   Mr. McGovern......................          Nay
Mr. Bishop of Utah..............................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Woodall.....................................          Yea   Mr. Polis.........................          Nay
Mr. Nugent......................................          Yea
Mr. Scott of South Carolina.....................          Yea
Mr. Webster.....................................          Yea
Mr. Dreier, Chairman............................          Yea
----------------------------------------------------------------------------------------------------------------

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. LoBiondo (NJ): Would add a new section providing the 
Secretary authority to extend the duration of medical 
certificates issued to merchant mariners, requires the Coast 
Guard to study the efficacy of requiring the carriage of 
certain survival craft, makes several technical and clarifying 
changes, and adds a new title providing new authorities to 
suppress the threat of piracy and protect U.S. vessels and 
mariners transiting high risk waters. (10 minutes)
    2. Shuler (NC): Would require the Coast Guard to give 
priority to persons that manufacture materials, parts, and 
components in the United States when entering into contracts 
and placing orders under Sec. 208(a). (10 minutes)
    3. Cummings (MD): Would strike a provision that would 
eliminate an existing statutory requirement that the Coast 
Guard appoint an ombudsman in each Coast Guard District. (10 
minutes)
    4. Thompson, Bennie (MS): Would add a new section to the 
end of title II of H.R. 2838 to open admissions to the U.S. 
Coast Guard Academy to eligible candidates nominated by 
Congress. Specifically, the amendment would require the U.S. 
Coast Guard to ensure that, beginning in academic year 2014, 
half of the incoming class is composed of eligible candidates 
nominated by the Vice President or, if there is no Vice 
President, by the President pro tempore of the Senate; 
Senators; Representatives; and Delegates to the House of 
Representatives. (10 minutes)
    5. Palazzo (MS): Would strike section 303 of the bill which 
places unneeded and harmful restrictions on the future 
contracting and construction of the United States Coast Guard 
National Security Cutter. The National Security Cutter is a 
much needed and extremely cost effective ship for the Coast 
Guard and is actively proving its value through highly 
successful counter drug and other missions while replacing a 
aging coast guard fleet. (10 minutes)
    6. Napolitano (CA): Would give distant water tuna vessels 
in the Western Pacific Ocean the option of using Guam as their 
required port of call in order to meet U.S. maritime 
regulations. (10 minutes)
    7. Bishop, Tim (NY): Would provide states the authority to 
impose more protective operational requirements on the 
discharge of ballast water within state resource waters. (10 
minutes)
    8. Dingell (MI), Slaughter (NY): Would strike Title VII. 
(10 minutes)
    9. Huizenga (MI), Petri (WI), Benishek (MI): Would freeze 
the Environmental Protection Agency's current vessel discharge 
regulatory framework for certain vessels of historic 
significance. (10 minutes)
    10. Olson (TX): Would require the Commandant of the Coast 
Guard in consultation with appropriate representatives of 
industry to conduct a feasibility study to determine the 
capability, cost, and benefits of requiring the owner or 
operator of a manned facility, installation, unit, or vessel to 
locate a standby vessel nearby. (10 minutes)
    11. McIntyre (NC): Would add to the purpose section of the 
establishment of the Committee on the Marine Transportation 
System (Section 401) that it coordinate with local businesses 
to promote an efficient marine transportation system. (10 
minutes)
    12. Cummings (MD), Landry (LA): Would expand the 
information the Maritime Administration is required to include 
in the determinations it makes of the availability of qualified 
United States flag capacity to carry cargo between two points 
in the United States when a waiver of Jones Act requirements 
pertaining to such carriage is sought. (10 minutes)
    13. Landry (LA): Would clarify Coast Guard guidance 
regarding the ability of U.S. flagged offshore supply vessels 
to carry unlimited amounts of Grade D and Grade E cargo 
(combustible liquid) when said vessel is operating outside of 
U.S. waters, provided the vessel meets the safety requirements 
of the International Maritime Organization. (10 minutes)
    14. McCaul (TX): Would prohibit the U.S. Coast Guard from 
delegating vessel inspections from organizations that also 
provide these services on behalf of any State Sponsor of 
Terrorism--such as Iran, Sudan and Syria. Companion language 
has been introduced in the Senate version of this same bill. 
(10 minutes)
    15. Pierluisi (PR): Would clarify the application of the 
Passenger Vessel Services Act to vessels operating in Puerto 
Rico that are not otherwise qualified to transport passengers 
for hire and that are more than 100 gross tons. Would allow 
such vessels to transport passengers between ports in Puerto 
Rico--a non-contiguous jurisdiction of multiple islands. (10 
minutes)
    16. Murphy, Christopher (CT): Would give manufacturers the 
opportunity to provide information to contracting officers 
regarding how their bid for a contract will affect domestic 
employment. Would allow the Coast Guard to take this 
information into consideration, but would not mandate that the 
Coast Guard consider this information when awarding the 
contract. Information regarding the impact on domestic 
employment is called a ``Jobs Impact Statement.'' (10 minutes)
    17. Brown, Corrine (FL): Would prohibit the Army Corp of 
Engineers from applying any additional peer review studies to 
the Jacksonville Port dredging project. (10 minutes)
    18. Ribble (WI): Would change the legislative description 
of a commercial vessel to include all federally owned and 
operated vessels, exempting military, Department of Defense, 
and Coast Guard vessels. This amendment would require all 
federal government vessels, except for those exempted as 
previously mentioned, to comply with the same ballast water 
rules and regulations with which the private sector must 
comply. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative LoBiondo of New Jersey 
               or His Designee, Debatable for 10 Minutes

  Page 18, line 13, strike ``section 569a'' and insert 
``section 569a(a) for the sixth national security cutter and 
section 569a for the seventh national security cutter''.

  Page 40, before line 7, insert the following:

SEC. 409. AUTHORITY TO EXTEND THE DURATION OF MEDICAL CERTIFICATES.

  (a) In General.--Chapter 75 of title 46, United States Code, 
is amended by adding at the end the following:

``Sec. 7508. Authority to extend the duration of medical certificates

  ``(a) Granting of Extensions.--Notwithstanding any other 
provision of law, the Secretary may extend for not more than 
one year a medical certificate issued to an individual holding 
a license, merchant mariner's document, or certificate of 
registry if the Secretary determines that the extension is 
required to enable the Coast Guard to eliminate a backlog in 
processing applications for medical certificates or in response 
to a national emergency or natural disaster.
  ``(b) Manner of Extension.--An extension under this section 
may be granted to individual seamen or a specifically 
identified group of seamen.''.
  (b) Clerical Amendment.--The analysis at the beginning of 
such chapter is amended by adding at the end the following:

``7508. Authority to extend the duration of medical certificates.''.

  Page 56, after line 3, insert the following:

SEC. 612. REPORT ON SURVIVAL CRAFT.

  (a) Report.--Not later than 180 days after the date of 
enactment of this Act, the Commandant of the Coast Guard shall 
submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
carriage of survival craft that ensures no part of an 
individual is immersed in water.
  (b) Content.--The report shall include information on--
          (1) the number of casualties as the result of 
        immersion in water by vessel type and area of operation 
        reported to the Coast Guard for each of fiscal years 
        1991 through 2011;
          (2) the effect the carriage of such survival craft 
        has on vessel safety, including stability and safe 
        navigation;
          (3) the efficacy of alternative safety systems, 
        devices, or measures; and
          (4) the cost and cost-effectiveness of requiring the 
        carriage of such survival craft on vessels.

  Page 58, line 15, after ``technology'' insert ``to reduce or 
eliminate aquatic invasive species''.

  Page 62, line 2, strike ``or'' at the end.

  Page 62, line 7, strike the period at the end and insert ``; 
or''.

  Page 62, after line 7, insert the following:

                          ``(iii) a discharge into navigable 
                        waters from a commercial vessel when 
                        the commercial vessel is operating in a 
                        capacity other than as a means of 
                        transportation on water.

  Page 64, line 3, strike ``December 19, 2008,'' and all that 
follows through the period at the end of line 5 and insert 
``February 6, 2009.''.

  Page 65, line 12, strike ``point'' and insert ``port or 
place''.

  Page 65, line 22, insert ``, if such system does not 
introduce aquatic nuisance species into navigable waters, as 
determined by the Secretary in consultation with the 
Administrator'' before the semicolon at the end.

  Page 71, line 11, strike ``this subparagraph'' and insert 
``clause (ii)(II)''.

  Page 86, line 8, strike ``guidelines specifying'' and insert 
``requirements for''.

  Page 87, beginning on line 6, strike ``this section for'' and 
all that follows through the period at the end of line 8 and 
insert the following: ``this section for--

                  ``(A) a commercial vessel having a maximum 
                ballast water capacity of less than 8 cubic 
                meters; and
                  ``(B) a commercial vessel that is 3 years or 
                fewer from the end of its useful life, as 
                determined by the Secretary pursuant to 
                subsection (b)(2)(B)(v).

  Page 87, line 24, strike ``Subsections (c), (e), and (i)'' 
and insert ``Subsection (c)''.

  Page 88, beginning on line 2, strike ``, as determined by the 
Secretary, in consultation with the Administrator''.

  Page 88, line 7, insert ``, or an equivalent restriction, as 
determined by the Secretary, issued by the country of 
registration of the commercial vessel'' before the period.

  Page 107, line 10, insert ``, in consultation with the 
Administrator,'' before ``shall promulgate''.

  Page 110, after line 18, add the following:

                           TITLE VIII--PIRACY

SEC. 801. SHORT TITLE.

  This title may be cited as the ``Piracy Suppression Act of 
2011''.

SEC. 802. REPORT ON ACTIONS TAKEN TO PROTECT FOREIGN-FLAGGED VESSELS 
                    FROM PIRACY.

  Not later than 180 days after the date of enactment of this 
Act, the Secretary of Defense, in consultation with the 
Secretary of the department in which the Coast Guard is 
operating, shall provide to the Committee on Armed Services and 
the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Armed Service and the 
Committee on Commerce, Science, and Transportation of the 
Senate a report on actions taken by the Secretary of Defense to 
protect foreign-flagged vessels from acts of piracy on the high 
seas. The report shall include--
          (1) the total number of incidents for each of the 
        fiscal years 2008 through 2011 in which a member of the 
        armed services or an asset under the control of the 
        Secretary of Defense was used to interdict or defend 
        against an act of piracy directed against any vessel 
        not documented under the laws of the United States; and
          (2) the total cost for each of the fiscal years 2008 
        through 2011 for such incidents.

SEC. 803. TRAINING PROGRAM FOR USE OF FORCE AGAINST PIRACY.

  (a) In General.--Chapter 517 of title 46, United States Code, 
is amended by adding at the end the following new section:

``Sec. 51705. Training program for use of force against piracy

  ``The Secretary of Transportation shall establish a training 
program for United States mariners on the use of force against 
pirates. The program shall include--
          ``(1) information on waters designated as high-risk 
        waters by the Commandant of the Coast Guard;
          ``(2) information on current threats and patterns of 
        attack by pirates;
          ``(3) tactics for defense of a vessel, including 
        instruction on the types, use, and limitations of 
        security equipment;
          ``(4) standard rules for the use of force for self 
        defense as developed by the Secretary of the department 
        in which the Coast Guard is operating under section 
        912(c) of the Coast Guard Authorization Act of 2010 
        (Public Law 111-281; 46 U.S.C. 8107 note), including 
        instruction on firearm safety for crewmembers of 
        vessels carrying cargo under section 55305 of this 
        title; and
          ``(5) procedures to follow to improve crewmember 
        survivability if captured and taken hostage by 
        pirates.''.
  (b) Deadline.--The Secretary of Transportation shall 
establish the program required under the amendment made by 
subsection (a) by no later than 180 days after the date of 
enactment of this Act.
  (c) Clerical Amendment.--The analysis at the beginning of 
such chapter is amended by adding at the end the following new 
item:

``51705. Training program for use of force against piracy.''.

SEC. 804. SECURITY OF GOVERNMENT IMPELLED CARGO.

  Section 55305 of title 46, United States Code, is amended by 
adding at the end the following new subsection:
  ``(e) Security of Government Impelled Cargo.--
          ``(1) In order to assure the safety of vessels and 
        crewmembers transporting equipment, materials, or 
        commodities under this section, the Secretary of 
        Transportation shall direct each department or agency 
        (except the Department of Defense) responsible for the 
        carriage of such equipment, materials, or commodities 
        to provide armed personnel aboard vessels of the United 
        States carrying such equipment, materials, or 
        commodities while transiting high-risk waters.
          ``(2) The Secretary of Transportation shall direct 
        each such department or agency to reimburse, subject to 
        the availability or appropriations, the owners or 
        operators of such vessels for the cost of providing 
        armed personnel.
          ``(3) For the purposes of this subsection, the term 
        `high-risk waters' means waters so designated by the 
        Commandant of the Coast Guard in the Port Security 
        Advisory in effect on the date on which the voyage 
        begins.''.

SEC. 805. GAO STUDY.

  Not later than 1 year after the date of enactment of this 
Act, the Comptroller General of the United States shall report 
to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate on efforts to track 
ransom payments paid to pirates operating in the waters off 
Somalia and improve the prosecution of such pirates. The report 
shall include--
          (1) the status of Working Group 5 of the Contact 
        Group on Piracy Off the Somali Coast, any efforts 
        undertaken by the Working Group, and recommendations 
        for improving the Working Group's effectiveness;
          (2) efforts undertaken by the United States 
        Government to implement and enforce Executive Order 
        13536, including recommendations on how to better 
        implement that order to suppress piracy;
          (3) efforts undertaken by the United States 
        Government to track ransom payments made to pirates 
        operating off the coast of Somalia, the effectiveness 
        of those efforts, any operational actions taken based 
        off those efforts, and recommendations on how to 
        improve such tracking;
          (4) actions taken by the United States Government to 
        improve the international prosecution of pirates 
        captured off the coast of Somalia; and
          (5) an update on the United States Government's 
        efforts to implement the recommendation contained in 
        General Accountability Office report GAO-10-856, 
        entitled ``Maritime Security: Actions Needed to Assess 
        and Update Plan and Enhance Collaboration among 
        Partners Involved in Countering Piracy off the Horn of 
        Africa'', that metrics should be established for 
        measuring the effectiveness of counter piracy efforts.


----------


    2. An Amendment To Be Offered by Representative Shuler of North 
           Carolina or His Designee, Debatable for 10 Minutes

  Page 18, line 10, insert ``(a) In General.--'' before ``With 
respect to''.

  Page 18, line 24, strike the closing quotation marks and the 
final period.

  Page 18, after line 24, insert the following:

  ``(b) Use of Materials, Parts, and Components Manufactured in 
the United States.--In entering into contracts and placing 
orders under subsection (a), the Commandant shall give priority 
to persons that manufacture materials, parts, and components in 
the United States.''.


----------


3. An Amendment To Be Offered by Representative Cummings of Maryland or 
                 His Designee, Debatable for 10 Minutes

  Page 19, beginning on line 7, strike subsection (a) (and 
redesignate the succeeding subsections accordingly).


----------


4. An Amendment To Be Offered by Representative Thompson of Mississippi 
               or His Designee, Debatable for 10 Minutes

  At the end of title II, add the following:

SEC. 2__. ACADEMY NOMINATIONS.

  (a) Appointment.--Subsection (a) of section 182 of title 14, 
United States Code, is amended to read as follows:
  ``(a) Nominations.--
          ``(1) Half of each incoming class, beginning with 
        academic year 2014, shall be composed of cadets 
        nominated by:
                  ``(A) The Vice President or, if there is no 
                Vice President, by the President pro tempore of 
                the Senate.
                  ``(B) A Senator.
                  ``(C) A Representative in Congress.
                  ``(D) The Delegate to the House of 
                Representatives from the District of Columbia, 
                the Delegate in Congress from the Virgin 
                Islands, the Resident Commissioner from Puerto 
                Rico, the Delegate in Congress from Guam, the 
                Delegate in Congress from American Samoa, or 
                the Resident Representative from the 
                Commonwealth of the Northern Mariana Islands.
        Each Senator, Representative, and Delegate in Congress, 
        including the Resident Commissioner and the Resident 
        Representative, is entitled to nominate 3 persons each 
        year. Cadets who do not graduate on time shall not 
        count against the allocations pursuant to subparagraphs 
        (A) through (D).
          ``(2) An individual shall be qualified for 
        nomination, selection, and appointment as a cadet at 
        the Academy only if the individual--
                  ``(A) is a citizen or national of the United 
                States; and
                  ``(B) meets such minimum requirements that 
                the Secretary may establish.
          ``(3) The Superintendent shall furnish to any Member 
        of Congress, upon the written request of such Member, 
        the name of the Congressman or other nominating 
        authority responsible for the nomination of any named 
        or identified person for appointment to the Academy.''
  (b) Transition.--With respect to the nomination of 
individuals, pursuant to section 182 of title 14, United States 
Code, who will matriculate in academic program year 2013, not 
less than 25 percent of the class shall be from nominations 
made pursuant to subparagraphs (A) through (D) of subsection 
(a)(1) of such section 182 (as amended by subsection (a) of 
this section).
The Secretary is hereby authorized to take any additional 
action the Secretary believes necessary and proper to provide 
for the transition to the nomination, selection, and 
appointment process provided under this section.


----------


5. An Amendment To Be Offered by Representative Palazzo of Mississippi 
               or His Designee, Debatable for 10 Minutes

  Strike section 303 (and redesignate subsequent sections, and 
conform the table of contents, accordingly).

  Page 22, strike lines 10 through 14 and insert the following:

SEC. 303. MAJOR ACQUISITIONS REPORT.

  (a) In General.--Subchapter I of chapter 15 of title 14, 
United States Code, is amended by adding at the end the 
following:

``Sec. 569a. Major acquisitions report

  Page 25, strike line 12 and all that follows before line 16 
and insert the following:

  (b) Clerical Amendment.--The analysis at the beginning of 
such chapter is amended by adding at the end of the items 
relating to such subchapter the following:

``569a. Major acquisitions report.''.


----------


     6. An Amendment To Be Offered by Representative Napolitano of 
          California or Her Designee, Debatable for 10 Minutes

  Page 47, line 10, strike ``and'' at the end.

  Page 47, after line 10, insert the following:

          (2) in subsection (c) by inserting ``or Guam'' before 
        the period at the end; and

  Page 47, line 11, strike ``(2)'' and insert ``(3)''.


----------


 7. An Amendment To Be Offered by Representative Bishop of New York or 
                 His Designee, Debatable for 10 Minutes

  Page 95, after line 14, insert the following:

          ``(7) State operational requirements.--
                  ``(A) In general.--If any State determines 
                that the protection and enhancement of the 
                quality of waters within the State require 
                greater environmental protection than would be 
                achieved through the application of a standard 
                specified under subsection (c) or established 
                under subsection (d), the State may impose 
                operational requirements that are more 
                protective than such standards, except that a 
                State operational requirement imposed under 
                this paragraph may not--
                          ``(i) require the installation of a 
                        ballast water treatment technology that 
                        differs from that required by the 
                        standard specified under subsection (c) 
                        or established under subsection (d); or
                          ``(ii) apply until the Administrator 
                        and the Secretary determine that the 
                        waters of the State require greater 
                        environmental protection and such 
                        greater environmental protection can be 
                        achieved by the State operational 
                        requirement.
                  ``(B) Factors for determination.--
                          ``(i) Determinations by 
                        administrator.--In making the 
                        determination under subparagraph 
                        (A)(ii), the Administrator shall 
                        consider--
                                  ``(I) whether the receiving 
                                waters have been afforded 
                                special protection under 
                                Federal or State law;
                                  ``(II) the benefits to human 
                                health, welfare, or the 
                                environment of the additional 
                                protection for the receiving 
                                waters;
                                  ``(III) the reduction in risk 
                                to human health, welfare, or 
                                the environment resulting from 
                                the additional protection;
                                  ``(IV) the propagule pressure 
                                to be addressed by the 
                                additional protection;
                                  ``(V) applicable Federal and 
                                State law;
                                  ``(VI) applicable 
                                international standards; and
                                  ``(VII) the costs and 
                                benefits of providing the 
                                additional protection.
                          ``(ii) Determinations by secretary.--
                        In making the determination under 
                        subparagraph (A)(ii) the Secretary 
                        shall consider--
                                  ``(I) the effect that the use 
                                of the State operational 
                                requirement for additional 
                                protection would have on the 
                                operation, operational 
                                capability, and safety of the 
                                crew and vessel;
                                  ``(II) the potential impacts 
                                on shipping, trade, and other 
                                uses of the aquatic 
                                environment;
                                  ``(III) applicable Federal 
                                and State law;
                                  ``(IV) applicable 
                                international standards; and
                                  ``(V) the costs and benefits 
                                of providing the additional 
                                protection.
                  ``(C) Deadline.--Upon application of the 
                State, the Administrator and the Secretary 
                shall make the determination within 180 days of 
                the date of the completed application.
                  ``(D) Approval of state operational 
                requirements.--
                          ``(i) In general.--If the 
                        Administrator and the Secretary 
                        determine upon application by a State 
                        that the protection and enhancement of 
                        the quality of waters within that State 
                        require more environmental protection 
                        and that such greater protection can be 
                        achieved by the operational 
                        requirement, the Administrator and the 
                        Secretary shall approve the application 
                        for the State operational requirement.
                          ``(ii) Limitation.--The Administrator 
                        and the Secretary may not approve a 
                        State operational requirement if the 
                        requirement--
                                  ``(I) would have an 
                                unreasonable impact on the use 
                                of traditional shipping lanes; 
                                or
                                  ``(II) would prohibit the 
                                discharge of ballast water in 
                                all the waters of the State.
                          ``(iii) Regulations.--Following the 
                        approval of a State operational 
                        requirement by the Administrator and 
                        the Secretary under this paragraph, the 
                        Secretary shall by regulation implement 
                        the State operational requirement for 
                        the waters of the State.


----------


8. An Amendment To Be Offered by Representative Dingell of Michigan or 
                 His Designee, Debatable for 10 Minutes

  Strike title VII of the committee print.


----------


9. An Amendment To Be Offered by Representative Huizenga of Michigan or 
                 His Designee, Debatable for 10 Minutes

  At the end of title VII, add the following:

SEC. 707. SPECIAL CONSIDERATION FOR VESSELS OF HISTORICAL SIGNIFICANCE.

  (a) In General.--Notwithstanding any other provision of this 
title or the amendments made by this title, a qualified vessel 
shall operate for the life of the vessel under the terms and 
conditions of the Vessel General Permit, as in effect on 
November 1, 2011, without regard to any expiration dates in 
such permit.
  (b) Definitions.--In this section:
          (1) Qualified vessel.--A vessel is a qualified vessel 
        for purposes of subsection (a) if the vessel is, as of 
        November 1, 2011--
                  (A) on, or nominated for inclusion on, the 
                list of National Historic Landmarks; and
                  (B) subject to part 5.3 of the Vessel General 
                Permit.
          (2) Vessel general permit.--The term ``Vessel General 
        Permit'' has the definition given such term in section 
        321(a) of the Federal Water Pollution Control Act, as 
        added by section 702.


----------


10. An Amendment To Be Offered by Representative Olson of Texas or His 
                   Designee, Debatable for 10 Minutes

  Strike section 608 of the committee print and insert the 
following:

SEC. 608. STANDBY VESSELS.

  (a) Study.--The Commandant of the Coast Guard, in 
consultation with appropriate representatives of industry, 
shall conduct a feasibility study to determine the capability, 
costs, and benefits of requiring the owner or operator of a 
manned facility, installation, unit, or vessel to locate a 
standby vessel--
          (1) not more than 3 nautical miles from such manned 
        facility, installation, unit, or vessel while it is 
        performing drilling, plugging, abandoning, or workover 
        operations; and
          (2) not more than 12 nautical miles from such manned 
        facility, installation, unit, or vessel while it is 
        performing operations other than drilling, plugging, 
        abandoning, or workover operations.
  (b) Report to Congress.--Not later than 180 days after the 
date of enactment of this Act, the Commandant shall submit to 
Congress a report on the results of the study conducted under 
subsection (a).


----------


  11. An Amendment To Be Offered by Representative McIntyre of North 
           Carolina or His Designee, Debatable for 10 Minutes

  Page 30, line 18, strike ``; and'' and insert a semicolon.

  Page 30, line 21, strike the period and insert ``; and''.

  Page 30, after line 21, insert the following:

          (4) coordinate with local businesses to promote an 
        efficient marine transportation system.


----------


 12. An Amendment To Be Offered by Representative Cummings of Maryland 
               or His Designee, Debatable for 10 Minutes

  At the end of title IV of the committee print, add the 
following:

SEC. 409. IDENTIFICATION OF ACTIONS TO ENABLE QUALIFIED UNITED STATES 
                    FLAG CAPACITY TO MEET NATIONAL DEFENSE 
                    REQUIREMENTS.

  (a) Identification of Actions.--Section 501(b) of title 46, 
United States Code, is amended--
          (1) by inserting ``(1)'' before ``When the head''; 
        and
          (2) by adding at the end the following:
  ``(2) The Administrator of the Maritime Administration 
shall--
          ``(A) in each determination referred to in paragraph 
        (1), identify any actions that could be taken to enable 
        qualified United States flag capacity to meet national 
        defense requirements;
          ``(B) provide each such determination to the 
        Secretary of Transportation and the head of the agency 
        referred to in paragraph (1) for which the 
        determination is made; and
          ``(C) publish each such determination on the Internet 
        site of the Department of Transportation within 48 
        hours after it is provided to the Secretary of 
        Transportation.
  ``(3)(A) The Administrator of the Maritime Administration 
shall notify the Committees on Appropriations and 
Transportation and Infrastructure of the House of 
Representatives and the Committees on Appropriations and 
Commerce, Science, and Transportation of the Senate--
          ``(i) of any request for a waiver of the navigation 
        or vessel-inspection laws under this section not later 
        than 48 hours after receiving the request; and
          ``(ii) of the issuance of any waiver of compliance of 
        such a law not later than 48 hours after such issuance.
  ``(B) The Administrator shall include in each notification 
under subparagraph (A)(ii) an explanation of--
          ``(i) the reasons the waiver is necessary; and
          ``(ii) the reasons actions referred to in paragraph 
        (2)(A) are not feasible.''.


----------


13. An Amendment To Be Offered by Representative Landry of Louisiana or 
                 His Designee, Debatable for 10 Minutes

  At the end of title IV of the committee print, insert the 
following:

SEC. 409. ABILITY FOR U.S.-FLAGGED OFFSHORE SUPPLY VESSELS TO WORK IN 
                    OTHER COUNTRIES.

  Any offshore supply vessel that is in compliance with the 
damage stability requirements of section 1.1.4 of the Guidance 
on Implementation of IMO Resolution A.673(16) for U.S. Offshore 
Supply Vessels may carry unlimited amounts of Grade D and E 
cargoes in addition to the unlimited amounts of drilling fluids 
outlined in such section 1.1.4 when such vessel is operating 
seaward of the United States boundary line.


----------


14. An Amendment To Be Offered by Representative McCaul of Texas or His 
                   Designee, Debatable for 10 Minutes

  At the end of title IV of the committee print, add the 
following:

SEC. 409. CLASSIFICATION SOCIETIES.

  Section 3316 of title 46, United States Code, is amended--
          (1) in subsection (b)(2)--
                  (A) by striking ``and'' at the end of 
                subparagraph (A);
                  (B) by striking the period at the end of 
                subparagraph (B) and inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(C) if the Secretary of State determines that the 
        foreign classification society does not provide 
        comparable services in or for a state sponsor of 
        terrorism.'';
          (2) in subsection (d)(2)--
                  (A) by striking ``and'' at the end of 
                subparagraph (A);
                  (B) by striking the period at the end of 
                subparagraph (B) and inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(C) if the Secretary of State determines that the 
        foreign classification society does not provide 
        comparable services in or for a state sponsor of 
        terrorism.''; and
          (3) by adding at the end the following:
  ``(e) The Secretary shall revoke an existing delegation made 
to a foreign classification society under subsection (b) or (d) 
if the Secretary of State determines that the foreign 
classification society provides comparable services in or for a 
state sponsor of terrorism.
  ``(f) In this section, the term `state sponsor of terrorism' 
means any country the government of which the Secretary of 
State has determined has repeatedly provided support for acts 
of international terrorism pursuant to section 6(j) of the 
Export Administration Act of 1979 (as continued in effect under 
the International Emergency Economic Powers Act), section 620A 
of the Foreign Assistance Act of 1961, section 40 of the Arms 
Export Control Act, or any other provision of law.''.


----------


 15. An Amendment To Be Offered by Representative Pierluisi of Puerto 
             Rico or His Designee, Debatable for 10 Minutes

  Page 56, after line 3, insert the following new section:

SEC. 612. TRANSPORTATION OF PASSENGERS BETWEEN PORTS IN PUERTO RICO.

  Notwithstanding chapter 551 of title 46, United States Code, 
a vessel of 100 gross tons or more not qualified to engage in 
the coastwise trade may transport passengers between ports in 
Puerto Rico.


----------


16. An Amendment To Be Offered by Representative Murphy or Connecticut 
               or His Designee, Debatable for 10 Minutes

  Page 56, after line 3, insert the following (and conform the 
table of contents accordingly):

SEC. 612. CONSIDERATION OF INFORMATION RELATING TO EMPLOYMENT WHEN 
                    AWARDING CONTRACTS.

  (a) In General.--Subchapter I of chapter 15 of title 14, 
United States Code, is further amended by adding at the end the 
following:

``Sec. 569c. Consideration of information relating to employment when 
                    awarding contracts

  ``(a) Jobs Impact Statements.--The Secretary, in issuing a 
solicitation for competitive proposals with respect to a Coast 
Guard contracting opportunity, shall state in the solicitation 
that the Secretary may consider information (in this section 
referred to as a `jobs impact statement')--
          ``(1) that the offeror may include in its offer; and
          ``(2) that relates to the effect of the contract on 
        employment in the United States if the contract is 
        awarded to the offeror.
  ``(b) Contents.--The information that may be included in a 
jobs impact statement may include the following:
          ``(1) The number of jobs expected to be created in 
        the United States, or the number of jobs to be retained 
        in the United States that otherwise would be lost, if 
        the contract is awarded to the offeror.
          ``(2) The number of jobs expected to be created or 
        retained in the United States by the subcontractors 
        expected to be used by the offeror in the performance 
        of the contract.
          ``(3) A guarantee from the offeror that jobs created 
        or retained in the United States as a result of the 
        contract being awarded to the offeror will not be moved 
        outside the United States after award of the contract.
  ``(c) Use in Evaluation.--The Secretary may consider 
information in a jobs impact statement in the evaluation of an 
offer relating to a Coast Guard contracting opportunity and may 
request further information from the offeror in order to verify 
the accuracy of any such information submitted.
  ``(d) Assessment.--With respect to a contract awarded to an 
offeror that submitted a jobs impact statement, the Secretary 
shall track the number of jobs created or retained in the 
United States as a result of the contract. If the number of 
jobs estimated to be created or retained in the jobs impact 
statement significantly exceeds the number of jobs created or 
retained as a result of the contract, the Secretary may 
evaluate whether the contractor should be proposed for 
debarment.
  ``(e) Reports.--Not later than 1 year after the date of 
enactment of this section, and annually thereafter, the 
Secretary shall submit to Congress a report describing the use 
by the Secretary of jobs impact statements in evaluating offers 
relating to Coast Guard contracting opportunities.''.
  (b) Clerical Amendment.--The analysis at the beginning of 
such chapter is further amended by adding at the end of the 
items relating to such subchapter the following:

``569c. Consideration of information relating to employment when 
          awarding contracts.''.


----------


 17. An Amendment To Be Offered by Representative Brown of Florida or 
                 Her Designee, Debatable for 10 Minutes

  At the end of title VI, add the following:

SEC. 612. REQUIREMENT OF CORPS.

  The Secretary of the Army, acting through the Chief of the 
Corps of Engineers, shall continue to study the project related 
to the Jacksonville Port Authority in Jacksonville, Florida, 
without applying any additional peer reviews described by 
section 2034 of the Water Resources Development Act of 2007 (33 
U.S.C. 2343).


----------


18. An Amendment To Be Offered by Representative Ribble of Wisconsin or 
                 His Designee, Debatable for 10 Minutes

  Page 58, strike lines 18 through 24 and insert the following:

          ``(7) Commercial vessel.--The term `commercial 
        vessel' means every description of watercraft, or other 
        artificial contrivance used or capable of being used as 
        a means of transportation on water--
                  ``(A) that is engaged in commercial service 
                (as defined under section 2101 of title 46, 
                United States Code); or
                  ``(B) that is owned or operated by the United 
                States, other than a vessel of the Armed Forces 
                (as defined under section 312 of this Act).