[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 685 Engrossed in Senate (ES)]

111th CONGRESS
  2d Session
                                 S. 685

_______________________________________________________________________

                                 AN ACT


 
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 2010''.

SEC. 2. OIL FUEL TANK PROTECTION.

    Section 3306 of title 46, United States Code, is amended by adding 
at the end the following new subsection:
    ``(k)(1) Each vessel of the United States that is constructed under 
a contract entered into after the date of enactment of the Oil Spill 
Prevention Act of 2010, or that is 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) The Secretary may prescribe regulations to apply the 
requirements described in Regulation 12A to vessels described in 
paragraph (1) that are not otherwise subject to that convention.
    ``(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(b) of the Ports and Waterways Safety Act 
of 1972 (33 U.S.C. 1223(b)) is amended--
            (1) by striking ``operate or'' and inserting ``operate, 
        including direction to change the vessel's heading and speed, 
        or''; and
            (2) by inserting ``emergency or'' after ``other'' in 
        paragraph (3).
    (b) Revision of VTS Policy.--The Secretary of the department in 
which the Coast guard is operating shall--
            (1) provide guidance to all vessel traffic personnel that 
        clearly defines the use of authority to direct or control 
        vessel movement when such direction or control is justified in 
        the interest of safety; and
            (2) require vessel traffic personnel communications to 
        identify the vessel, rather than the pilot, when vessels are 
        operating in vessel traffic service pilotage areas.
    (c) 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.

SEC. 4. 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.

SEC. 5. DURATION OF CREDENTIALS.

    (a) Merchant Mariner's Documents.--Section 7302(f) of title 46, 
United States Code, is amended to read as follows:
    ``(f) Periods of Validity and Renewal of Merchant Mariners' 
Documents.--
            ``(1) In general.--Except as provided in subsection (g), a 
        merchant mariner's document issued under this chapter is valid 
        for a 5-year period and may be renewed for additional 5-year 
        periods.
            ``(2) Advance renewals.--A renewed merchant mariner's 
        document may be issued under this chapter up to 8 months in 
        advance but is not effective until the date that the previously 
        issued merchant mariner's document expires.''.
    (b) Duration of Licenses.--Section 7106 of such title is amended to 
read as follows:
``7106. Duration of licenses
    ``(a) In General.--A license issued under this part is valid for a 
5-year period and may be renewed for additional 5-year periods; except 
that the validity of a license issued to a radio officer is conditioned 
on the continuous possession by the holder of a first-class or second-
class radiotelegraph operator license issued by the Federal 
Communications Commission.
    ``(b) Advance Renewals.--A renewed license issued under this part 
may be issued up to 8 months in advance but is not effective until the 
date that the previously issued license expires.''.
    (c) Certificates of Registry.--Section 7107 of such title is 
amended to read as follows:
``7107. Duration of certificates of registry
    ``(a) In General.--A certificate of registry issued under this part 
is valid for a 5-year period and may be renewed for additional 5-year 
periods; except that the validity of a certificate issued to a medical 
doctor or professional nurse is conditioned on the continuous 
possession by the holder of a license as a medical doctor or registered 
nurse, respectively, issued by a State.
    ``(b) Advance Renewals.--A renewed certificate of registry issued 
under this part may be issued up to 8 months in advance but is not 
effective until the date that the previously issued certificate of 
registry expires.''.

SEC. 6. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, CERTIFICATES 
              OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.

    (a) Merchant Mariner Licenses and Documents.--Chapter 75 of title 
46, United States Code, is amended by adding at the end the following:
``7507. Authority to extend the duration of licenses, certificates of 
              registry, and merchant mariner documents
    ``(a) Licenses and Certificates of Registry.--Notwithstanding 
sections 7106 and 7107, the Secretary of the department in which the 
Coast Guard is operating may extend for up to one year an expiring 
license or certificate of registry issued for an individual under 
chapter 71 if the Secretary determines that extension is required--
            ``(1) to enable the Coast Guard to eliminate a backlog in 
        processing applications for those licenses or certificates of 
        registry;
            ``(2) because necessary records have been destroyed or are 
        unavailable due to a natural disaster; or
            ``(3) to align the expiration date of a license or 
        certificate of registry with the expiration date of a 
        transportation worker identification credential under section 
        70501.
    ``(b) Merchant Mariner Documents.--Notwithstanding section 7302(g), 
the Secretary may extend for one year an expiring merchant mariner's 
document issued for an individual under chapter 71 if the Secretary 
determines that extension is required--
            ``(1) to enable the Coast Guard to eliminate a backlog in 
        processing applications for those licenses or certificates of 
        registry;
            ``(2) because necessary records have been destroyed or are 
        unavailable due to a natural disaster; or
            ``(3) to align the expiration date of a license or 
        certificate of registry with the expiration date of a 
        transportation worker identification credential under section 
        70501.
    ``(c) Manner of Extension.--Any extensions granted under this 
section may be granted to individual seamen or a specifically 
identified group of seamen.
    ``(d) Expiration of Authority.--The authority for providing an 
extension under this section shall expire on December 31, 2011.''.
    (b) Clerical Amendment.--The chapter analysis for such chapter is 
amended by adding at the end the following:

``7507. Authority to extend the duration of licenses, certificates of 
                            registry, and merchant mariner 
                            documents.''.

SEC. 7. ELIMINATION OF CERTAIN REPORTS.

    Notwithstanding the direction of the House of Representatives 
Committee on Appropriations on page 60 of Report 109-79 (109th 
Congress, 1st Session) under the headings ``United States Coast Guard 
Operating Expenses'' and ``Area Security Maritime Exercise Program'', 
concerning the submission by the Coast Guard of reports to that 
Committee on the results of port security terrorism exercises, 
beginning with October, 2010, the Coast Guard shall submit only 1 such 
report each year.

SEC. 8. BUDGETARY EFFECTS

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the Senate September 29, 2010.

            Attest:

                                                             Secretary.
111th CONGRESS

  2d Session

                                 S. 685

_______________________________________________________________________

                                 AN ACT

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