[Congressional Record Volume 156, Number 133 (Wednesday, September 29, 2010)]
[Senate]
[Pages S7764-S7769]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
OIL SPILL PREVENTION ACT OF 2009
Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 77, S. 685.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 685) to require new vessels carrying oil fuel to
have double hulls, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with amendments; as follows:
(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italics.)
S. 685
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
2009''.
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 2009, 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
[[Page S7765]]
(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. 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; and
``(iv) medical research; and,
``(B) develop, as appropriate, specific courses and
materials to be used by 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) 4 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) Appointment.--The Secretary shall appoint the members
of the Committee, and each member shall serve at the pleasure
of the Secretary.
``(2) Term of office.--The members shall be appointed for a
term of 4 years, except that, of the members first appointed,
4 members shall be appointed for a term of 2 years and 4
members shall be appointed for a term of 1 year.
``(3) Vacancies.--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) Chairman; vice chairman.--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) Meetings.--No later than 6 months after the date of
enactment of the Oil Spill Prevention Act of 2009, the
Committee shall hold its first meeting and shall meet at
least once each fiscal year.
``(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; and
``(ii) requirements for periodic physical examinations of
such merchant mariners performed by a medical examiner 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 merchant mariner to have a current valid
physical examination;
``(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 submit all completed
medical examination reports as required under regulations
established by the Secretary; 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 evaluation by
medical examiners. If the Secretary finds that a medical
examiner has evaluated a merchant mariner as being fit for
seagoing service who fails otherwise 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
examinations 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 are qualified to perform
examinations;
``(2) shall accept as valid only examinations by persons on
the national registry of medical examiners;
``(3) 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;
``(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
credentials; and
``(5) may 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 registered in
accordance with the regulations issued by the Secretary as a
medical examiner.]
``(f) Use of Medical Examiners Not on the National
Registry.--The Secretary shall accept examinations of
merchant mariners conducted by medical examiners not listed
on the national registry if such examinations meet
specifications (including standards of review) established by
the Secretary in consultation with the Merchant Mariner
Medical Advisory Committee.
``(g) Medical Examiner Defined.--In this section, the term
`medical examiner' means a licensed physician, physician's
assistant, or nurse practitioner who complies with the
regulations issued by the Secretary for medical examiners
conducting examinations of merchant mariners.
``[(g)] (h) Coordination.--The Secretary, in coordination
with the Secretary of Transportation, shall utilize the
systems, processes, and procedures established for 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 where synergies exist between such systems,
processes, and procedures.
``[(h)] (i) 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
[[Page S7766]]
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 that will identify data requirements and collection
procedures, reports, and other measures that will improve the
department's ability--
(1) to determine the causes of, and contributing factors
(including fatigue) to, marine casualties;
(2) to prevent marine casualties and threats to the
environment;
(3) to minimize the impacts of marine casualties and
environmental threats;
(4) to maximize the lives and property saved and
environment protected in the event of a marine casualty;
(5) to evaluate future marine casualties;
(6) to monitor trends to identify causes and contributing
factors; and
(7) 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--] will help the department assess the
role that human factors, mechanical or equipment failure, and
environmental factors play in marine casualty causation.
Among other issues, the study 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 assess the efficacy of safety
management systems in preventing marine casualties;
[(4)] (5) 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)] (6) 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,
professional maritime associations, human factors
professionals, occupational medicine specialists, and
providers of medical review services to the maritime
industry;
(3) consult with Federal advisory committees, including the
Merchant Marine Personnel Advisory Committee and the Towing
Safety Advisory Committee;
[(3)] (4) 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;] environment
and safety management systems; and
[(4)] (5) review the relevant literature available on
previous studies from domestic and foreign sources.
(d) Comparison With NTSB.--The Secretary shall, in
cooperation with the Chairman of the National Transportation
Safety Board, compare and contrast the procedures and
processes employed by the Coast Guard and the National
Transportation Safety Board with particular attention to--
(1) preventing marine casualties and threats to the
environment;
(2) minimizing the impacts of marine casualties and
environmental threats; and
(3) maximizing the number of lives saved, the amount of
property saved, and the environment protected in the event of
a marine casualty.
(e) Public Comment.--The Secretary shall make available for
public comment information about the objectives, methodology,
implementation, findings, and other aspects of the study.
(f) 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 comprehensive review of existing studies 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 of petroleum product,
where the use of such tugs by those vessels is not otherwise
required by State law or Captain-of-the-Port order, identify
any gaps or other unaddressed issues, and conduct a study
that--
(1) consolidates the information contained in the existing
studies and addresses any such gaps or issues that need to be
addressed; and
(2) to the extent such issues are not satisfactorily
addressed in the existing studies, includes--
(A) an evaluation of the necessary power requirements of
such tractor tug escorts;
(B) an analysis of the appropriate passages for the use of
such tractor tug escorts;
(C) an inventory and analysis of the existing use of
tractor tug escorts in United States ports; and
(D) an analysis of which vessel types in the ports studied
should be required to have tractor tug escorts and a
statement of the reason for recommending such a requirement.
(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. 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. 8. 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. 9. 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.''.
[[Page S7767]]
(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. 10. PROTECTION AND FAIR TREATMENT OF SEAFARERS.
(a) In General.--Chapter 111 of title 46, United States
Code, is amended by adding at the end the following new
section:
`` 11113. Protection and fair treatment of seafarers
``(a) Purpose.--The purpose of this section is to ensure
the protection and fair treatment of seafarers.
``(b) Fund.--
``(1) Establishment.--There is established in the Treasury
a special fund known as the `Support of Seafarers Fund'.
``(2) Use of amounts in fund.--The amounts covered into the
Fund shall be available to the Secretary, without further
appropriation and without fiscal year limitation, to--
``(A) pay necessary support, pursuant to subsection
(c)(1)(A) of this section; and
``(B) reimburse a shipowner for necessary support, pursuant
to subsection (c)(1)(B) of this section.
``(3) Amounts credited to fund.--Notwithstanding any other
provision of law, the Fund may receive--
``(A) any moneys ordered to be paid to the Fund in the form
of community service pursuant to section [8B1.3 of the United
States Sentencing Guidelines or otherwise;] 3563(b) of title
18;
``(B) amounts reimbursed or recovered pursuant to
subsection (d) of this section;
``(C) amounts appropriated to the Fund pursuant to
subsection (g) of this section; and
``(D) appropriations available to the Secretary for
transfer.
``(4) Prerequisite for community service credits.--The Fund
may receive credits pursuant to paragraph (3)(A) of this
subsection only when the unobligated balance of the Fund is
less than $5,000,000.
``(5) Report required.--
``(A) Except as provided in subparagraph (B) of this
paragraph, the Secretary shall not obligate any amount in the
Fund in a given fiscal year unless the Secretary has
submitted to Congress, concurrent with the President's budget
submission for that fiscal year, a report that describes--
``(i) the amounts credited to the Fund, pursuant to
paragraph (3) of this subsection, for the preceding fiscal
year;
``(ii) a detailed description of the activities for which
amounts were charged; and
``(iii) the projected level of expenditures from the Fund
for the coming fiscal year, based on--
``(I) on-going activities; and
``(II) new cases, derived from historic data.
``(B) The limitation in subparagraph (A) of this paragraph
shall not apply to obligations during the first fiscal year
during which amounts are credited to the Fund.
``(6) Fund manager.--The Secretary shall designate a Fund
manager, who shall--
``(A) ensure the visibility and accountability of
transactions utilizing the Fund;
``(B) prepare the report required by paragraph (5); and
``(C) monitor the unobligated balance of the Fund and
provide notice to the Secretary and the Attorney General
whenever the unobligated balance of the Fund is less than
$5,000,000.
``(c) In General.--
``(1) Authority.--The Secretary is authorized--
``(A) to pay, in whole or in part, without further
appropriation and without fiscal year limitation, from
amounts in the Fund, necessary support of--
``(i) any seafarer who enters, remains, or has been paroled
into the United States and is involved in an investigation,
reporting, documentation, or adjudication of any matter that
is related to the administration or enforcement of any
treaty, law, or regulation by the Coast Guard; and
``(ii) any seafarer whom the Secretary finds to have been
abandoned in the United States; and
``(B) to reimburse, in whole or in part, without further
appropriation and without fiscal year limitation, from
amounts in the Fund, a shipowner, who has filed a bond or
surety satisfactory pursuant to subparagraph (A) and provided
necessary support of a seafarer who has been paroled into the
United States to facilitate an investigation, reporting,
documentation, or adjudication of any matter that is related
to the administration or enforcement of any treaty, law, or
regulation by the Coast Guard, for costs of necessary
support, when the Secretary deems reimbursement necessary to
avoid serious injustice.
``(2) Limitation.--Nothing in this section shall be
construed--
``(A) to create a right, benefit, or entitlement to
necessary support; or
``(B) to compel the Secretary to pay, or reimburse the cost
of, necessary support.
``(d) Reimbursements; Recovery.--
``(1) In general.--Any shipowner shall reimburse the Fund
an amount equal to the total amount paid from the Fund for
necessary support of the seafarer, plus a surcharge of 25
percent of such total amount if--
``(A)(i) the shipowner, during the course of an
investigation, reporting, documentation, or adjudication of
any matter that the Coast Guard referred to a United States
Attorney or the Attorney General, fails to provide necessary
support of a seafarer who has been paroled into the United
States to facilitate the investigation, reporting,
documentation, or adjudication; and
``(ii) a criminal penalty is subsequently imposed against
the shipowner; or
``(B) the shipowner, under any circumstance, abandons a
seafarer in the United States, as decided by the Secretary.
``(2) Enforcement.--If a shipowner fails to reimburse the
Fund as required under paragraph (1) of this subsection, the
Secretary may--
``(A) proceed in rem against any vessel of the shipowner in
the Federal district court for the district in which such
vessel is found; and
``(B) withhold or revoke the clearance, required by section
60105 of this title, of any vessel of the shipowner wherever
such vessel is found.
``(3) Whenever clearance is withheld or revoked pursuant to
paragraph (2)(B) of this subsection, clearance may be granted
if the shipowner reimburses the Fund the amount required
under paragraph (1) of this subsection.
``(e) Surety; Enforcement of Treaties, Laws, and
Regulations.--
``(1) Bond and surety authority.--The Secretary is
authorized to require a bond or surety satisfactory as an
alternative to withholding or revoking clearance required
under section 60105 of this title if, in the opinion of the
Secretary, such bond or surety satisfactory is necessary to
facilitate an investigation, reporting, documentation, or
adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or
regulation by the Coast Guard if the surety corporation
providing the bond is authorized by the Secretary of the
Treasury under section 9305 of title 31 to provide surety
bonds under section 9304 of that title.
``(2) Application.--The authority to require a bond or a
surety satisfactory or to request the withholding or
revocation of the clearance required under section 60105 of
this title applies to any investigation, reporting,
documentation, or adjudication of any matter that is related
to the administration or enforcement of any treaty, law, or
regulation by the Coast Guard.
``(f) Definitions.--In this section:
``(1) Abandons; abandoned.--The term `abandons' or
`abandoned' means a shipowner's unilateral severance of ties
with a seafarer or the shipowner's failure to provide
necessary support of a seafarer.
``(2) Bond or surety satisfactory.--The term `bond or
surety satisfactory' means a negotiated instrument, the terms
of which may, at the discretion of the Secretary, include
provisions that require the shipowner to--
``(A) provide necessary support of a seafarer who has or
may have information pertinent to an investigation,
reporting, documentation, or adjudication of any matter that
is related to the administration or enforcement of any
treaty, law, or regulation by the Secretary;
``(B) facilitate an investigation, reporting,
documentation, or adjudication of any matter that is related
to the administration or enforcement of any treaty, law, or
regulation by the Secretary;
``(C) stipulate to certain incontrovertible facts,
including, but not limited to, the ownership or operation of
the vessel, or the authenticity of documents and things from
the vessel;
``(D) facilitate service of correspondence and legal
papers;
``(E) enter an appearance in United States district court;
``(F) comply with directions regarding payment of funds;
``(G) name an agent in the United States for service of
process;
``(H) make stipulations as to the authenticity of certain
documents in United States district court;
``(I) provide assurances that no discriminatory or
retaliatory measures will be taken against a seafarer
involved in an investigation, reporting, documentation, or
adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or
regulation by the Secretary;
``(J) provide financial security in the form of cash, bond,
or other means acceptable to the Secretary; and
``(K) provide for any other appropriate measures as the
Secretary considers necessary to ensure the Government is not
prejudiced by granting the clearance required by section
60105 of title 46.
``(3) Fund.--The term `Fund' means the Support of Seafarers
Fund, established pursuant to this section.
``(4) Necessary support.--The term `necessary support'
means normal wages, lodging, subsistence, clothing, medical
care (including hospitalization), repatriation, and any other
expense the Secretary deems appropriate.
``(5) Seafarer.--The term `seafarer' means an alien crewman
who is employed or engaged in any capacity on board a vessel
subject to the jurisdiction of the United States.
``(6) Shipowner.--The term `shipowner' means the individual
or entity that owns, has an ownership interest in, or
operates a vessel subject to the jurisdiction of the United
States.
``(7) Vessel subject to the jurisdiction of the united
states.--The term `vessel subject to the jurisdiction of the
United
[[Page S7768]]
States' has the same meaning it has in section 70502(c) of
this title, except that it excludes a vessel owned or
bareboat chartered and operated by the United States, by a
State or political subdivision thereof, or by a foreign
nation, except when that vessel is engaged in commerce.
``(g) Regulations.--The Secretary may prescribe regulations
to implement this section.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to the Fund $1,500,000 for each
of fiscal years 2010, 2011, and 2012.''.
(b) Clerical Amendment.--The chapter analysis for chapter
111 of title 46, United States Code, is amended by adding at
the end the following new item:
``11113. Protection and fair treatment of seafarers.''.
Mr. DURBIN. Mr. President, I ask unanimous consent that the
committee-reported amendments be withdrawn, the substitute amendment
which is at the desk be agreed to, the bill, as amended, be read a
third time, the pay-go statement be read.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4688) was agreed to, as follows:
(Purpose: In the nature of a substitute)
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:
[[Page S7769]]
``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.
The PRESIDING OFFICER. The clerk will read the pay-go statement.
The assistant legislative clerk read as follows:
Mr. CONRAD. This is the Statement of Budgetary Effects of PAYGO
Legislation for S. 685, as amended.
Total Budgetary Effects of S. 685 for the 5-year Statutory
PAYGO Scorecard: $0.
Total Budgetary Effects of S. 685 for the 10-year Statutory
PAYGO Scorecard: $0.
Also submitted for the Record as part of this statement is a table
prepared by the Congressional Budget Office, which provides additional
information on the budgetary effects of this Act, as follows:
CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR S. 685, THE OIL SPILL PREVENTION ACT OF 2010, AS PROVIDED TO CBO BY THE SENATE BUDGET COMMITTEE
ON SEPTEMBER 28, 2010.
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------------------------------------------------------------------
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010-2015 2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact 0 0 0 0 0 0 0 0 0 0 0 0 0
a.............................
--------------------------------------------------------------------------------------------------------------------------------------------------------
a. Section 6 would authorize the Coast Guard to extend for one year certain expiring marine licenses, certificates of registry, and merchant mariner
documents. The authority to provide such extensions would apply through December 11, 2011. Because the extensions would delay the collection of fees
charged for renewal of such documents, enacting this provision could reduce offsetting receipts (an offset against direct spending) over the next year
or two. Some of those receipts may be spent without further appropriation, however, to cover collection expenses. CBO estimates that the net effect on
direct spending from enacting this provision would be less than $500,000 in each of fiscal years 2011 and 2012.
Mr. DURBIN. I ask unanimous consent that the bill, as amended, be
passed and any statements related to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 685) was ordered to be engrossed for a third reading,
was read the third time, and passed.
____________________