[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2699 Reported in Senate (RS)]






                                                      Calendar No. 1096
110th CONGRESS
  2d Session
                                S. 2699

                          [Report No. 110-513]

To require new vessels for carrying oil fuel to have double hulls, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 2008

 Mr. Lautenberg (for himself, Mrs. Boxer, and Ms. Cantwell) introduced 
the following bill; which was read twice and referred to the Committee 
                on Commerce, Science, and Transportation

           September 26 (legislative day, September 17), 2008

                 Reported by Mr. Inouye with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To require new vessels for carrying oil fuel to have double hulls, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oil Spill Prevention Act of 2008''.

SEC. 2. OIL FUEL TANK PROTECTION.

    Section 3306 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(k)(1) All new vessels of the United States with a building 
contract date after the date of enactment of the Oil Spill Prevention 
Act of 2008, or delivered after August 1, 2010, with an aggregate 
capacity of 600 cubic meters or more of oil fuel, shall comply with the 
requirements of Regulation 12A under Annex I to the Protocol of 1978 
relating to the International Convention for the Prevention of 
Pollution from Ships, 1973, entitled `Oil Fuel Tank Protection'.
    ``(2) Regulations.--The Secretary may prescribe regulations to 
amend or modify the requirements of this subsection. Any such 
regulation shall be considered to be an interpretive rule for the 
purposes of section 553 of title 5.
    ``(3) In this subsection, the term `oil fuel' means any oil used as 
fuel in connection with the propulsion and auxiliary machinery of the 
vessel in which such oil is carried.''.

SEC. 3. MARITIME EMERGENCY PREVENTION.

    (a) In General.--Section 4 of the Ports and Waterways Safety Act of 
1972 (33 U.S.C. 1223) is amended by striking ``operate or'' in 
subsection (b)(1) and inserting ``operate, including direction to 
change the vessel's heading and speed, or''.
    (b) Adequacy of VTS Locations and Infrastructure.--
            (1) In general.--The Secretary of the department in which 
        the Coast Guard is operating shall continue to conduct 
        individual port and waterway safety assessments under the Ports 
        and Waterways Safety Act of 1972 (33 U.S.C. 1221 et seq.) to 
        determine and prioritize the United States ports, waterways, 
        and channels that are in need of new, expanded, or improved 
        vessel traffic management risk mitigation measures, including 
        vessel traffic service systems, by evaluating--
                    (A) the nature, volume, and frequency of vessel 
                traffic;
                    (B) the risks of collisions, allisions, spills, and 
                other maritime mishaps associated with that traffic;
                    (C) the projected impact of installation, 
                expansion, or improvement of a vessel traffic service 
                system or other risk mitigation measures; and
                    (D) any other relevant data.
            (2) Analyses.--Based on the results of the assessments 
        under paragraph (1), the Secretary shall identify the 
        requirements for necessary expansion, improvement, or 
        construction of buildings, networks, communications, or other 
        infrastructure to improve the effectiveness of existing vessel 
        traffic service systems, or necessary to support recommended 
        new vessel traffic service systems, including all necessary 
        costs for construction, reconstruction, expansion, or 
        improvement.
            (3) Personnel.--The Secretary shall--
                    (A) review and validate the recruiting, retention, 
                training, and expansion of the vessel traffic service 
                personnel workforce necessary to maintain the 
                effectiveness of existing vessel traffic service 
                systems and to support any expansion or improvement 
                identified by the Secretary under this section; and
                    (B) require basic navigation training for vessel 
                traffic service watchstander personnel--
                            (i) to support and complement the existing 
                        mission of the vessel traffic service to 
                        monitor and assess vessel movements within a 
                        vessel traffic service Area;
                            (ii) to exchange information regarding 
                        vessel movements with vessel and shore-based 
                        personnel; and
                            (iii) to provide advisories to vessel 
                        masters.
            (4) Report.--Within 1 year after the date of enactment of 
        this Act, the Secretary shall submit to the Congress a report 
        consolidating the results of the analyses under paragraph (2), 
        together with recommendations for implementing the study 
        results.

<DELETED>SEC. 4. MERCHANT MARINER MEDICAL PROGRAM.</DELETED>

<DELETED>    (a) In General.--Chapter 71 of title 46, United States 
Code, is amended by adding at the end thereof the following:</DELETED>
<DELETED>``Sec. 7115. Merchant mariner medical program</DELETED>
<DELETED>    ``(a) Establishment.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall establish a 
        medical review board to provide the Coast Guard with medical 
        advice and recommendations on medical standards and guidelines 
        for the physical qualifications of merchant mariners holding 
        Coast Guard issued credentials, medical examiner education, and 
        medical research.</DELETED>
        <DELETED>    ``(2) Composition.--The medical review board shall 
        be appointed by the Secretary and shall consist of 5 members 
        selected from medical institutions and private practice. The 
        membership shall reflect expertise in marine related 
        occupational medicine and medical specialties relevant to 
        mariner fitness requirements of merchant mariners serving on 
        board vessels.</DELETED>
<DELETED>    ``(b) Chief Medical Examiner.--The Secretary shall appoint 
a chief medical examiner who shall be an employee of the Coast Guard 
and who shall hold a position under section 3104 of title 5 relating to 
employment of specially qualified scientific and professional 
personnel, and shall be paid under section 5376 of title 5, relating to 
pay for certain senior-level positions.</DELETED>
<DELETED>    ``(c) Medical Standards and Requirements.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary, with the advice 
        of the medical review board and the chief medical examiner, 
        shall--</DELETED>
                <DELETED>    ``(A) establish, review, and revise--
                </DELETED>
                        <DELETED>    ``(i) medical standards for 
                        merchant mariners that will ensure that the 
                        physical condition of merchant mariners is 
                        adequate to enable them to safely carry out 
                        their duties on board vessels; and</DELETED>
                        <DELETED>    ``(ii) requirements for periodic 
                        physical examinations of such merchant 
                        performed by a medical examiner (who shall be a 
                        license physician) who have, at a minimum, 
                        self-certified that they have completed 
                        training in physical and medical examination 
                        standards and are listed on a registry of 
                        medical examiners maintained in accordance with 
                        subsection (d) of this section;</DELETED>
                <DELETED>    ``(B) require each such merchant mariner 
                to have a current valid medical certificate;</DELETED>
                <DELETED>    ``(C) conduct periodic reviews of a select 
                number of medical examiners on the national registry to 
                ensure that proper examinations of such merchant 
                mariners are being conducted;</DELETED>
                <DELETED>    ``(D) develop, as appropriate, specific 
                courses and materials for medical examiners listed in 
                the national registry established under this section, 
                and require those medical examiners to, at a minimum, 
                self-certify that they have completed specific 
                training, including refresher courses, to be listed in 
                the registry;</DELETED>
                <DELETED>    ``(E) require medical examiners to 
                transmit the name of the applicant and numerical 
                identifier, as determined by the Coast Guard, for any 
                completed medical examination report required under 
                regulations established by the Secretary, 
                electronically to the chief medical examiner on monthly 
                basis; and</DELETED>
                <DELETED>    ``(F) periodically review a representative 
                sample of the medical examiners' reports associated 
                with the name and numerical identifiers of applicants 
                transmitted under subparagraph (E) for errors, 
                omissions, or other indications of improper 
                certification.</DELETED>
        <DELETED>    ``(2) Monitoring performance.--The Secretary shall 
        investigate patterns of errors or improper certification by 
        medical examiners. If the Secretary finds that an medical 
        examiner has issued a medical certificate to a merchant mariner 
        who fails to meet the applicable standards at the time of the 
        examination or that a medical examiner has falsely claimed to 
        have completed training in physical and medical examination 
        standards as required by this section, the Secretary may remove 
        such medical examiner from the registry and may void the 
        medical certificate of the applicant or holder.</DELETED>
<DELETED>    ``(d) National Registry of Medical Examiners.--The 
Secretary, acting through the Commandant of the Coast Guard--</DELETED>
        <DELETED>    ``(1) shall establish and maintain a current 
        national registry of medical examiners (who shall be license 
        physicians) who are qualified to perform examinations and issue 
        medical certificates;</DELETED>
        <DELETED>    ``(2) shall remove from the registry the name of 
        any medical examiner who fails to meet or maintain the 
        qualifications established by the Secretary for being listed in 
        the registry or otherwise does not meet the requirements of 
        this section or a regulation issued under this 
        section;</DELETED>
        <DELETED>    ``(3) shall accept as valid only medical 
        certificates issued by persons on the national registry of 
        medical examiners;</DELETED>
        <DELETED>    ``(4) may make participation of medical examiners 
        in the national registry voluntary if such a change will 
        enhance the safety of merchant mariners holding United States 
        Coast Guard issued credentials; and</DELETED>
        <DELETED>    ``(5) shall also include in the registry 
        established under paragraph (1) licensed physicians who are 
        certified by the Secretary of Transportation to perform medical 
        examinations of operators of commercial motor vehicles under 
        section 31149 of title 49 and airmen.</DELETED>
<DELETED>    ``(e) Regulations.--The Secretary shall issue such 
regulations as may be necessary to carry out this section.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The chapter analysis for chapter 
71 of title 46, United States Code, is amended by adding at the end the 
following:</DELETED>

<DELETED>``7115. Merchant mariner medical program.''.

</DELETED>SEC. 4. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE, MEDICAL 
              STANDARDS, AND MEDICAL REQUIREMENTS.

    (a) In General.--Chapter 71 of title 46, United States Code, is 
amended by adding at the end thereof the following:
``Sec. 7115. Merchant mariner medical advisory committee, medical 
              standards, and medical requirements
    ``(a) Establishment.--
            ``(1) In general.--There is established a Merchant Mariner 
        Medical Advisory Committee.
            ``(2) Functions.--The Committee shall--
                    ``(A) advise the Secretary on matters relating to--
                            ``(i) medical certification determinations 
                        for issuance of merchant mariner credentials;
                            ``(ii) medical standards and guidelines for 
                        the physical qualifications of operators of 
                        commercial vessels;
                            ``(iii) medical examiner education;
                            ``(iv) medical research; and,
                    ``(B) develop, as appropriate, specific courses and 
                materials for medical examiners listed in the national 
                registry established under this section.
            ``(3) Membership.--
                    ``(A) In general.--The Committee shall consist of 
                the chief medical examiner and--
                            ``(i) 10 individuals who are health-care 
                        professionals with particular expertise, 
                        knowledge, or experience regarding the medical 
                        examinations of merchant mariners or 
                        occupational medicine; and
                            ``(ii) 2 individuals who are professional 
                        mariners with knowledge and experience in 
                        mariner occupational requirements.
                    ``(B) Status of members.--Except for the chief 
                medical examiner, members of the Committee shall not be 
                considered Federal employees or otherwise in the 
                service or the employment of the Federal Government, 
                except that members shall be considered special 
                Government employees, as defined in section 202(a) of 
                title 18 and shall be subject to any administrative 
                standards of conduct applicable to the employees of the 
                department in which the Coast Guard is operating.
                    ``(C) Compensation; Reimbursement.--Except for the 
                chief medical examiner, members of the Committee shall 
                serve without compensation, except that, while engaged 
                in the performance of duties away from their homes or 
                regular places of business of the member, the member of 
                the Committee may be allowed travel expenses, including 
                per diem in lieu of subsistence, as authorized by 
                section 5703 of title 5.
    ``(b) Appointments; Terms; Vacancies; Organization.--
            ``(1) The Secretary shall appoint the members of the 
        Committee, and each member shall serve at the pleasure of the 
        Secretary.
            ``(2) The members shall be appointed for a term of 3 years, 
        except that, of the members first appointed, 3 members shall be 
        appointed for a term of 2 years and 3 members shall be 
        appointed for a term of 1 year.
            ``(3) Any member appointed to fill the vacancy prior to the 
        expiration of the term for which such member's predecessor was 
        appointed shall be appointed for the remainder of such term.
            ``(4) The Secretary shall designate 1 member other than the 
        chief medical examiner as the Chairman and 1 member other than 
        the chief medical examiner as the Vice Chairman. The Vice 
        Chairman shall act as Chairman in the absence or incapacity of, 
        or in the event of a vacancy in the office of, the Chairman.
            ``(5) Staff; services.--The Secretary shall furnish to the 
        Committee the personnel and services as are considered 
        necessary for the conduct of its business.
            ``(6) First meeting.--No later than 6 months after the date 
        of enactment of the Oil Spill Prevention Act of 2008, the 
        Committee shall hold its first meeting.
    ``(c) Chief Medical Examiner.--The Secretary shall appoint an 
employee of the Coast Guard who will serve as a chief medical examiner 
and who shall hold a position under section 3104 of title 5 relating to 
employment of specially qualified scientific and professional 
personnel, and shall be paid under section 5376 of title 5, relating to 
pay for certain senior-level positions.
    ``(d) Medical Standards and Requirements.--
            ``(1) In general.--The Secretary, with the advice of the 
        Committee , shall--
                    ``(A) establish, review, and revise--
                            ``(i) medical standards for merchant 
                        mariners that will ensure that the physical 
                        condition of merchant mariners is adequate to 
                        enable them to safely carry out their duties on 
                        board vessels;
                            ``(ii) requirements for periodic physical 
                        examinations of such merchant mariners 
                        performed by a medical examiner (who shall be a 
                        license physician) who has, at a minimum, self-
                        certified that he or she has completed training 
                        in physical and medical examination standards 
                        and is listed on a registry of medical 
                        examiners maintained in accordance with 
                        subsection (e) of this section;
                    ``(B) require each such merchant mariner to have a 
                current valid medical certificate;
                    ``(C) conduct periodic reviews of a select number 
                of medical examiners on the national registry to ensure 
                that proper examinations of merchant mariners are being 
                conducted;
                    ``(D) require each such medical examiner to, at a 
                minimum, self-certify that he or she has completed 
                specific training, including refresher courses, to be 
                listed in the registry;
                    ``(E) require medical examiners to transmit the 
                name of the applicant and numerical identifier, as 
                determined by the Coast Guard, for any completed 
                medical examination report required under regulations 
                established by the Secretary electronically to the 
                chief medical examiner on monthly basis; and
                    ``(F) periodically review a representative sample 
                of the medical examiners' reports associated with the 
                name and numerical identifiers of applicants 
                transmitted under subparagraph (E) for errors, 
                omissions, or other indications of improper 
                certification.
            ``(2) Monitoring performance.--The Secretary shall 
        investigate patterns of errors or improper certification by 
        medical examiners. If the Secretary finds that a medical 
        examiner has issued a medical certificate to a merchant mariner 
        who fails to meet the applicable standards at the time of the 
        examination or that a medical examiner has falsely claimed to 
        have completed training in physical and medical examination 
        standards as required by this section, the Secretary may remove 
        the name of such medical examiner from the registry and may 
        void the medical certificate of the applicant or holder.
    ``(e) National Registry of Medical Examiners.--The Secretary, 
acting through the Commandant of the Coast Guard--
            ``(1) shall establish and maintain a current national 
        registry of medical examiners (who shall be licensed 
        physicians) who are qualified to perform examinations and issue 
        medical certificates;
            ``(2) shall remove from the registry the name of any 
        medical examiner who fails to meet or maintain the 
        qualifications established by the Secretary for being listed in 
        the registry or otherwise does not meet the requirements of 
        this section or a regulation issued under this section;
            ``(3) shall accept as valid only medical certificates 
        issued by persons on the national registry of medical 
        examiners;
            ``(4) may make participation of medical examiners in the 
        national registry voluntary if such a change will enhance the 
        safety of merchant mariners holding United States Coast Guard 
        issued credentials; and
            ``(5) shall include in the registry established under 
        paragraph (1) licensed physicians who are certified by the 
        Secretary of Transportation to perform medical examinations of 
        operators of commercial motor vehicles under section 31149 of 
        title 49 and airmen.
    ``(f) Medical Examiner Defined.--In this section, the term `medical 
examiner' means an individual licensed, certified, or registered in 
accordance with the regulations issued by the Coast Guard as a medical 
examiner.
    ``(g) Coordination.--The Secretary shall coordinate, where 
appropriate, with the Secretary of Transportation to utilize existing 
systems, processes, and procedures where appropriate synergies exist in 
the administration of the Federal Motor Carrier Safety Administration's 
Medical Program authorized under section 31149 of title 49 and the 
Federal Aviation Administration's Office of Aerospace Medicine 
authorized under section 44702 of that title.
    ``(h) Regulations.--The Secretary may issue such regulations as may 
be necessary to carry out this section.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 71 of 
title 46, United States Code, is amended by adding at the end the 
following:

``7115. Merchant mariner medical advisory committee, medical standards, 
                            and medical requirements''.

SEC. 5. STUDY OF MARINE CASUALTY CAUSATION.

    (a) Objectives.--The Secretary of the department in which the Coast 
Guard is operating shall conduct a comprehensive study to determine the 
causes of, and contributing factors to, marine casualties. The study 
shall also identify data requirements and collection procedures, 
reports, and other measures that will improve the department's 
ability--
            (1) to evaluate future marine casualties;
            (2) to monitor trends to identify causes and contributing 
        factors; and
            (3) to develop effective safety improvement policies, 
        including workload, manning and medical review provisions, and 
        programs.
    (b) Design.--The study shall employ standard research methods and 
statistical analysis and be designed to yield information that will--
            (1) help the department assess the role that workload and 
        fatigue play in marine casualty causation;
            (2) help the department assess the role that manning, 
        particularly a one man bridge operation, plays in marine 
        casualty causation;
            (3) help the department assess the role that the medical 
        condition of merchant mariners plays in marine casualty 
        causation;
            (4) help the department to identify activities and other 
        measures likely to lead to significant reductions in the 
        frequency and severity of marine casualties; and
            (5) to the extent practicable, rank such activities and 
        measures by the reductions each would likely achieve if 
        implemented.
    (c) Consultation.--In designing and conducting the study, the 
Secretary shall--
            (1) consult with persons with expertise on marine casualty 
        causation and prevention;
            (2) consult with merchant mariners, ship managers, human 
        factors professionals, occupational medicine specialists, and 
        providers of medical review services to the maritime industry;
            (3) consult with academic institutions, domestic and 
        foreign, with particular experience and expertise in workload 
        and fatigue, safe manning, and the medical condition of 
        merchant mariners in the maritime environment; and
            (4) review the relevant literature available on previous 
        studies from domestic and foreign sources.
    (d) Public Comment.--The Secretary shall make available for public 
comment information about the objectives, methodology, implementation, 
findings, and other aspects of the study.
    (e) Reports.--
            (1) In general.--The Secretary shall promptly transmit to 
        Congress the results of the study, together with any 
        legislative recommendations.
            (2) Review and update.--The Secretary shall review the 
        study at least once every 5 years and update the study and 
        report as necessary.

SEC. 6. COAST GUARD STUDY ON USE OF TRACTOR TUGS.

    (a) Study.--The Commandant of the Coast Guard shall conduct a study 
of the need for tractor tug escorts to be used by vessels carrying 
petroleum products or with large supplies of fuel onboard in the 5 
largest United States ports, by volume, where the use of such tugs by 
those vessels is not otherwise required by State law or Captain-of-the-
Port order. The study shall include--
            (1) an evaluation of the necessary power requirements of 
        such tractor tug escorts;
            (2) an analysis of the appropriate passages for the use of 
        such tractor tug escorts; and
            (3) an inventory and analysis of the existing use of 
        tractor tug escorts in United States ports.
    (b) Report.--Within 1 year after the date of enactment of this Act, 
the Commandant shall submit the report, together with any findings, 
conclusions, and recommendations the Commandant deems appropriate, to 
the Senate Committee on Commerce, Science, and Transportation.

SEC. 7. NTSB TO SHARE INFORMATION WITH STATE INVESTIGATORS.

    Section 1131(a)(3) of title 49, United States Code, is amended by 
striking ``Government'' and inserting ``the Federal government or of a 
State government''.

SEC. 8. TRAINED POLLUTION INVESTIGATORS.

    To the extent practicable, the Commandant of the Coast Guard shall 
ensure that there is at least 1 trained and experienced pollution 
investigator on duty, or in an on-call status, at all times for each 
Coast Guard Sector Command.
                                                      Calendar No. 1096

110th CONGRESS

  2d Session

                                S. 2699

                          [Report No. 110-513]

_______________________________________________________________________

                                 A BILL

To require new vessels for carrying oil fuel to have double hulls, and 
                          for other purposes.

_______________________________________________________________________

           September 26 (legislative day, September 17), 2008

                        Reported with amendments