[Congressional Record (Bound Edition), Volume 156 (2010), Part 12]
[Senate]
[Pages 17343-17348]
[From the U.S. 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
       (D) any other relevant data.
       (2) Analyses.--Based on the results of the assessments 
     under paragraph (1), the Secretary shall identify the 
     requirements for

[[Page 17344]]

     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

[[Page 17345]]

     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 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--

[[Page 17346]]

       ``(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. 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;

[[Page 17347]]

       ``(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 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--

[[Page 17348]]

       ``(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.
  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 Impacta        0        0        0        0        0        0        0        0        0        0        0         0          0
--------------------------------------------------------------------------------------------------------------------------------------------------------
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), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________