[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 685 Referred in House (RFH)]
111th CONGRESS
2d Session
S. 685
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 15, 2010
Referred to the Committee on the Budget, and in addition to the
Committees on Transportation and Infrastructure and Homeland Security
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
AN ACT
To require new vessels for carrying oil fuel to have double hulls, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Spill Prevention Act of 2010''.
SEC. 2. OIL FUEL TANK PROTECTION.
Section 3306 of title 46, United States Code, is amended by adding
at the end the following new subsection:
``(k)(1) Each vessel of the United States that is constructed under
a contract entered into after the date of enactment of the Oil Spill
Prevention Act of 2010, or that is delivered after August 1, 2010, with
an aggregate capacity of 600 cubic meters or more of oil fuel, shall
comply with the requirements of Regulation 12A under Annex I to the
Protocol of 1978 relating to the International Convention for the
Prevention of Pollution from Ships, 1973, entitled `Oil Fuel Tank
Protection.'.
``(2) The Secretary may prescribe regulations to apply the
requirements described in Regulation 12A to vessels described in
paragraph (1) that are not otherwise subject to that convention.
``(3) In this subsection the term `oil fuel' means any oil used as
fuel in connection with the propulsion and auxiliary machinery of the
vessel in which such oil is carried.''.
SEC. 3. MARITIME EMERGENCY PREVENTION.
(a) In General.--Section 4(b) of the Ports and Waterways Safety Act
of 1972 (33 U.S.C. 1223(b)) is amended--
(1) by striking ``operate or'' and inserting ``operate,
including direction to change the vessel's heading and speed,
or''; and
(2) by inserting ``emergency or'' after ``other'' in
paragraph (3).
(b) Revision of VTS Policy.--The Secretary of the department in
which the Coast guard is operating shall--
(1) provide guidance to all vessel traffic personnel that
clearly defines the use of authority to direct or control
vessel movement when such direction or control is justified in
the interest of safety; and
(2) require vessel traffic personnel communications to
identify the vessel, rather than the pilot, when vessels are
operating in vessel traffic service pilotage areas.
(c) Adequacy of VTS Locations and Infrastructure.--
(1) In general.--The Secretary of the department in which
the Coast Guard is operating shall continue to conduct
individual port and waterway safety assessments under the Ports
and Waterways Safety Act of 1972 (33 U.S.C. 1221 et seq.) to
determine and prioritize the United States ports, waterways,
and channels that are in need of new, expanded, or improved
vessel traffic management risk mitigation measures, including
vessel traffic service systems, by evaluating--
(A) the nature, volume, and frequency of vessel
traffic;
(B) the risks of collisions, allisions, spills, and
other maritime mishaps associated with that traffic;
(C) the projected impact of installation,
expansion, or improvement of a vessel traffic service
system or other risk mitigation measures; and
(D) any other relevant data.
(2) Analyses.--Based on the results of the assessments
under paragraph (1), the Secretary shall identify the
requirements for necessary expansion, improvement, or
construction of buildings, networks, communications, or other
infrastructure to improve the effectiveness of existing vessel
traffic service systems, or necessary to support recommended
new vessel traffic service systems, including all necessary
costs for construction, reconstruction, expansion, or
improvement.
(3) Personnel.--The Secretary shall--
(A) review and validate the recruiting, retention,
training, and expansion of the vessel traffic service
personnel workforce necessary to maintain the
effectiveness of existing vessel traffic service
systems and to support any expansion or improvement
identified by the Secretary under this section; and
(B) require basic navigation training for vessel
traffic service watchstander personnel--
(i) to support and complement the existing
mission of the vessel traffic service to
monitor and assess vessel movements within a
vessel traffic service Area;
(ii) to exchange information regarding
vessel movements with vessel and shore-based
personnel; and
(iii) to provide advisories to vessel
masters.
(4) Report.--Within 1 year after the date of enactment of
this Act, the Secretary shall submit to the Congress a report
consolidating the results of the analyses under paragraph (2),
together with recommendations for implementing the study
results.
SEC. 4. TRAINED POLLUTION INVESTIGATORS.
To the extent practicable, the Commandant of the Coast Guard shall
ensure that there is at least 1 trained and experienced pollution
investigator on duty, or in an on-call status, at all times for each
Coast Guard Sector Command.
SEC. 5. DURATION OF CREDENTIALS.
(a) Merchant Mariner's Documents.--Section 7302(f) of title 46,
United States Code, is amended to read as follows:
``(f) Periods of Validity and Renewal of Merchant Mariners'
Documents.--
``(1) In general.--Except as provided in subsection (g), a
merchant mariner's document issued under this chapter is valid
for a 5-year period and may be renewed for additional 5-year
periods.
``(2) Advance renewals.--A renewed merchant mariner's
document may be issued under this chapter up to 8 months in
advance but is not effective until the date that the previously
issued merchant mariner's document expires.''.
(b) Duration of Licenses.--Section 7106 of such title is amended to
read as follows:
``7106. Duration of licenses
``(a) In General.--A license issued under this part is valid for a
5-year period and may be renewed for additional 5-year periods; except
that the validity of a license issued to a radio officer is conditioned
on the continuous possession by the holder of a first-class or second-
class radiotelegraph operator license issued by the Federal
Communications Commission.
``(b) Advance Renewals.--A renewed license issued under this part
may be issued up to 8 months in advance but is not effective until the
date that the previously issued license expires.''.
(c) Certificates of Registry.--Section 7107 of such title is
amended to read as follows:
``7107. Duration of certificates of registry
``(a) In General.--A certificate of registry issued under this part
is valid for a 5-year period and may be renewed for additional 5-year
periods; except that the validity of a certificate issued to a medical
doctor or professional nurse is conditioned on the continuous
possession by the holder of a license as a medical doctor or registered
nurse, respectively, issued by a State.
``(b) Advance Renewals.--A renewed certificate of registry issued
under this part may be issued up to 8 months in advance but is not
effective until the date that the previously issued certificate of
registry expires.''.
SEC. 6. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, CERTIFICATES
OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.
(a) Merchant Mariner Licenses and Documents.--Chapter 75 of title
46, United States Code, is amended by adding at the end the following:
``7507. Authority to extend the duration of licenses, certificates of
registry, and merchant mariner documents
``(a) Licenses and Certificates of Registry.--Notwithstanding
sections 7106 and 7107, the Secretary of the department in which the
Coast Guard is operating may extend for up to one year an expiring
license or certificate of registry issued for an individual under
chapter 71 if the Secretary determines that extension is required--
``(1) to enable the Coast Guard to eliminate a backlog in
processing applications for those licenses or certificates of
registry;
``(2) because necessary records have been destroyed or are
unavailable due to a natural disaster; or
``(3) to align the expiration date of a license or
certificate of registry with the expiration date of a
transportation worker identification credential under section
70501.
``(b) Merchant Mariner Documents.--Notwithstanding section 7302(g),
the Secretary may extend for one year an expiring merchant mariner's
document issued for an individual under chapter 71 if the Secretary
determines that extension is required--
``(1) to enable the Coast Guard to eliminate a backlog in
processing applications for those licenses or certificates of
registry;
``(2) because necessary records have been destroyed or are
unavailable due to a natural disaster; or
``(3) to align the expiration date of a license or
certificate of registry with the expiration date of a
transportation worker identification credential under section
70501.
``(c) Manner of Extension.--Any extensions granted under this
section may be granted to individual seamen or a specifically
identified group of seamen.
``(d) Expiration of Authority.--The authority for providing an
extension under this section shall expire on December 31, 2011.''.
(b) Clerical Amendment.--The chapter analysis for such chapter is
amended by adding at the end the following:
``7507. Authority to extend the duration of licenses, certificates of
registry, and merchant mariner
documents.''.
SEC. 7. ELIMINATION OF CERTAIN REPORTS.
Notwithstanding the direction of the House of Representatives
Committee on Appropriations on page 60 of Report 109-79 (109th
Congress, 1st Session) under the headings ``United States Coast Guard
Operating Expenses'' and ``Area Security Maritime Exercise Program'',
concerning the submission by the Coast Guard of reports to that
Committee on the results of port security terrorism exercises,
beginning with October, 2010, the Coast Guard shall submit only 1 such
report each year.
SEC. 8. BUDGETARY EFFECTS
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the Senate September 29, 2010.
Attest:
NANCY ERICKSON,
Secretary.