179 
(D) any private entity, including engine 
and vessel manufacturers. 
(2) EVALUATION.—The study shall include an 
evaluation of— 
(A) the impact of blended fuel on the oper-
ation, durability and performance of rec-
reational and commercial marine engines, ves-
sels, and marine engine and vessel components 
and associated equipment; 
(B) the safety impacts of blended fuels on 
consumers that own and operate recreational 
and commercial marine engines and marine en-
gine components and associated equipment; and 
(C) fires and explosions on board vessels 
propelled by engines using blended fuels. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Homeland 
Security to carry out the survey and study under this sec-
tion $1,000,000. 
SEC. 621. RENEWAL OF ADVISORY COMMITTEES. 
(a) GREAT
LAKES
PILOTAGE
ADVISORY
COM-
MITTEE.—Section 9307(f)(1) of title 46, United States 
Code, is amended by striking ‘‘September 30, 2010.’’ and 
inserting ‘‘September 30, 2020.’’.
180 
(b) NATIONAL BOATING SAFETY ADVISORY COUN-
CIL.—Section 13110 of title 46, United States Code, is 
amended— 
(1) in subsection (d), by striking the first sen-
tence; and 
(2) in subsection (e), by striking ‘‘September 30, 
2010.’’ and inserting ‘‘September 30, 2020.’’. 
(c) HOUSTON-GALVESTON NAVIGATION SAFETY ADVI-
SORY COMMITTEE.—Section 18(h) of the Coast Guard Au-
thorization Act of 1991 (Public Law 102–241 as amended 
by Public Law 104–324) is amended by striking ‘‘Sep-
tember 30, 2010.’’ and inserting ‘‘September 30, 2020.’’. 
(d) LOWER MISSISSIPPI RIVER WATERWAY SAFETY 
ADVISORY COMMITTEE.—Section 19 of the Coast Guard Au-
thorization Act of 1991 (Public Law 102–241) is amend-
ed— 
(1) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘twenty-four’’ and inserting ‘‘twenty- 
five’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(12) One member representing the Associated 
Federal Pilots and Docking Masters of Louisiana.’’; 
and
181 
(2) in subsection (g), by striking ‘‘September 30, 
2010.’’ and inserting ‘‘September 30, 2020.’’. 
(e) TOWING SAFETY ADVISORY COMMITTEE.—The Act 
entitled ‘‘An Act To establish a Towing Safety Advisory 
Committee in the Department of Transportation’’, ap-
proved October 6, 1980, (33 U.S.C. 1231a) is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) There is established a Towing Safety Advisory 
Committee (hereinafter referred to as the ‘Committee’). The 
Committee shall consist of eighteen members with par-
ticular expertise, knowledge, and experience regarding shal-
low-draft inland and coastal waterway navigation and tow-
ing safety as follows: 
‘‘(1) Seven members representing the barge and 
towing industry, reflecting a regional geographic bal-
ance. 
‘‘(2) One member representing the offshore min-
eral and oil supply vessel industry. 
‘‘(3) One member representing holders of active 
licensed Masters or Pilots of towing vessels with expe-
rience on the Western Rivers and the Gulf Intra-
coastal Waterway.
182 
‘‘(4) One member representing the holders of ac-
tive licensed Masters of towing vessels in offshore serv-
ice. 
‘‘(5) One member representing Masters who are 
active ship-docking or harbor towing vessel. 
‘‘(6) One member representing licensed or unli-
censed towing vessel engineers with formal training 
and experience. 
‘‘(7) Two members representing each of the fol-
lowing groups: 
‘‘(A) Port districts, authorities, or terminal 
operators. 
‘‘(B) Shippers (of whom at least one shall 
be engaged in the shipment of oil or hazardous 
materials by barge). 
‘‘(8) Two members representing the general pub-
lic.’’; and 
(2) in subsection (e), by striking ‘‘September 30, 
2010.’’ and inserting ‘‘September 30, 2020.’’. 
(f) NAVIGATION SAFETY ADVISORY COUNCIL.—Section 
5 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 
2073) is amended— 
(1) by striking subsections (a) and (b) and in-
serting the following: 
‘‘(a) ESTABLISHMENT OF COUNCIL.—
183 
‘‘(1) IN GENERAL.—The Secretary of the depart-
ment in which the Coast Guard is operating shall es-
tablish a Navigation Safety Advisory Council (herein-
after referred to as the ‘Council’), consisting of not 
more than 21 members. All members shall have exper-
tise in Inland and International vessel navigation 
Rules of the Road, aids to maritime navigation, mar-
itime law, vessel safety, port safety, or commercial 
diving safety. Upon appointment, all non-Federal 
members shall be designated as representative mem-
bers to represent the viewpoints and interests of one 
of the following groups or organizations: 
‘‘(A) Commercial vessel owners or operators. 
‘‘(B) Professional mariners. 
‘‘(C) Recreational boaters. 
‘‘(D) The recreational boating industry. 
‘‘(E) State agencies responsible for vessel or 
port safety. 
‘‘(F) The Maritime Law Association. 
‘‘(2) PANELS.—Additional persons may be ap-
pointed to panels of the Council to assist the Council 
in performance of its functions. 
‘‘(3) NOMINATIONS.—The Secretary, through the 
Coast Guard Commandant, shall not less often than 
once a year publish a notice in the Federal Register
184 
soliciting nominations for membership on the Coun-
cil. 
‘‘(b) FUNCTIONS.—The Council shall advise, consult 
with, and make recommendations to the Secretary, through 
the Coast Guard Commandant, on matters relating to mar-
itime collisions, rammings, groundings, Inland Rules of the 
Road, International Rules of the Road, navigation regula-
tions and equipment, routing measures, marine informa-
tion, diving safety, and aids to navigation systems. Any 
advice and recommendations made by the Council to the 
Secretary shall reflect the independent judgment of the 
Council on the matter concerned. The Council shall meet 
at the call of the Coast Guard Commandant, but in any 
event not less than twice during each calendar year. All 
proceedings of the Council shall be public, and a record of 
the proceedings shall be made available for public inspec-
tion.’’; and 
(2) in subsection (d), by striking ‘‘September 30, 
2010.’’ and inserting ‘‘September 30, 2020.’’. 
(g) DELAWARE RIVER AND BAY OIL SPILL ADVISORY 
COMMITTEE.— 
(1) IN
GENERAL.—Section 607 of the Coast 
Guard and Maritime Transportation Act of 2006 
(Public Law 109–241; 120 Stat. 556) is amended—
185 
(A) in subsection (c)(2), by striking ‘‘Not 
later than 18 months after the date that the 
Commandant completes appointment of the 
members of the Committee,’’ and inserting ‘‘Not 
later than December 31, 2010,’’; 
(B) in subsection (h), by striking ‘‘2007’’ 
and inserting ‘‘2011’’; and 
(C) by striking subsection (i) and inserting 
the following: 
‘‘(i) TERMINATION.—The Committee shall terminate 
30 days after it transmits its report, pursuant to subsection 
(c)(2), but no later than December 31, 2010, whichever is 
earlier.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by this subsection are deemed to have taken effect as 
if they were enacted on July 11, 2006. 
(3) CHARTER.—Any charter pertaining to the 
Delaware River and Bay Oil Spill Advisory Com-
mittee is deemed not to have lapsed, and to have re-
mained in effect, and, notwithstanding any other pro-
vision of law or policy, shall terminate 30 days after 
the date the Committee transmits its report, pursuant 
to section 607(c)(2) of the Coast Guard and Maritime 
Transportation Act of 2006 (Public Law 109–241;
186 
120 Stat. 557), but not later than December 31, 2010, 
whichever is earlier. 
(4) APPOINTMENTS
TO
COMMITTEE.—Any ap-
pointment to the Delaware River and Bay Oil Spill 
Advisory Committee is deemed not to have lapsed, 
and to have remained in effect, and, notwithstanding 
any other provision of law or policy, shall terminate 
30 days after the Committee transmits its report, 
pursuant to section 607(c)(2) of the Coast Guard and 
Maritime Transportation Act of 2006 (Public Law 
109–241; 120 Stat. 557), but not later than December 
31, 2010, whichever is earlier. 
SEC. 622. DELEGATION OF AUTHORITY. 
(a) IN GENERAL.—Section 3316 of title 46, United 
States Code, is amended by adding at the end the following 
new subsection: 
‘‘(d)(1) The Secretary may delegate to the American 
Bureau of Shipping or another classification society recog-
nized by the Secretary as meeting acceptable standards for 
such a society, for a United States offshore facility, the au-
thority to— 
‘‘(A) review and approve plans required for 
issuing a certificate of inspection, a certificate of com-
pliance, or any other certification and related docu-
ments issued by the Coast Guard pursuant to regula-
187 
tions issued under section 30 of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1356); and 
‘‘(B) conduct inspections and examinations. 
‘‘(2) The Secretary may make a delegation under 
paragraph (1) to a foreign classification society only if— 
‘‘(A) the foreign society has offices and main-
tains records in the United States; and 
‘‘(B)(i) the government of the foreign country in 
which the foreign society is headquartered delegates 
that authority to the American Bureau of Shipping; 
or 
‘‘(ii) the Secretary has entered into an agreement 
with the government of the foreign country in which 
the foreign society is headquartered that— 
‘‘(I) ensures the government of the foreign 
country will accept plan review, inspections, or 
examinations conducted by the American Bureau 
of Shipping and provide equivalent access to in-
spect, certify, and provide related services to off-
shore facilities located in that country or oper-
ating under the authority of that country; and 
‘‘(II) is in full accord with principles of 
reciprocity in regards to any delegation con-
templated by the Secretary under paragraph (1).
188 
‘‘(3) If an inspection or examination is conducted 
under authority delegated under this subsection, the person 
to which the authority was delegated— 
‘‘(A) shall maintain in the United States com-
plete files of all information derived from or nec-
essarily connected with the inspection or examination 
for at least 2 years after the United States offshore fa-
cility ceases to be certified; and 
‘‘(B) shall permit access to those files at all rea-
sonable times to any officer, employee, or member of 
the Coast Guard designated— 
‘‘(i) as a marine inspector and serving in 
a position as a marine inspector; or 
‘‘(ii) in writing by the Secretary to have ac-
cess to those files. 
‘‘(4) For purposes of this subsection— 
‘‘(A) the term ‘offshore facility’ means any in-
stallation, structure, or other device (including any 
vessel not documented under chapter 121 of this title 
or the laws of another country), fixed or floating, that 
dynamically holds position or is temporarily or per-
manently attached to the seabed or subsoil under the 
sea; and 
‘‘(B) the term ‘United States offshore facility’ 
means any offshore facility, fixed or floating, that dy-
189 
namically holds position or is temporarily or perma-
nently attached to the seabed or subsoil under the ter-
ritorial sea of the United States or the outer Conti-
nental Shelf (as that term is defined in section 2 of 
the Outer Continental Shelf Lands Act (43 U.S.C. 
1331)), including any vessel, rig, platform, or other 
vehicle or structure subject to regulation under section 
30 of the Outer Continental Shelf Lands Act (43 
U.S.C. 1356).’’. 
(b) REVIEW AND APPROVAL OF CLASSIFICATION SOCI-
ETY REQUIRED.—Section 3316(c) of title 46, United States 
Code, is amended by striking so much as precedes para-
graph (2) and inserting the following: 
‘‘(c)(1) A classification society (including an employee 
or agent of that society) may not review, examine, survey, 
or certify the construction, repair, or alteration of a vessel 
in the United States unless the society has applied for ap-
proval under this subsection and the Secretary has reviewed 
and approved that society with respect to the conduct of 
that society under paragraph (2).’’. 
TITLE VII—OIL POLLUTION 
PREVENTION 
SEC. 701. RULEMAKINGS. 
(a) STATUS REPORT.—
190 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary of the 
department in which the Coast Guard is operating 
shall provide a report to the Senate Committee on 
Commerce, Science, and Transportation and the 
House of Representatives Committee on Transpor-
tation and Infrastructure on the status of all Coast 
Guard rulemakings required or otherwise being devel-
oped (but for which no final rule has been issued as 
of the date of enactment of this Act) under section 311 
of the Federal Water Pollution Control Act (33 U.S.C. 
1321). 
(2) INFORMATION
REQUIRED.—The Secretary 
shall include in the report required in paragraph 
(1)— 
(A) a detailed explanation with respect to 
each such rulemaking as to— 
(i) what steps have been completed; 
(ii) what areas remain to be addressed; 
and 
(iii) the cause of any delays; and 
(B) the date by which a final rule may rea-
sonably be expected to be issued. 
(b) FINAL RULES.—The Secretary shall issue a final 
rule in each pending rulemaking described in subsection (a)
191 
as soon as practicable, but in no event later than 18 months 
after the date of enactment of this Act. 
(c) TOWING VESSELS.—No later than 90 days after the 
date of enactment of this Act, the Secretary shall issue a 
notice of proposed rulemaking regarding inspection require-
ments for towing vessels required under section 3306(j) of 
title 46, United States Code. The Secretary shall issue a 
final rule pursuant to that rulemaking no later than 1 year 
after the date of enactment of this Act. 
SEC. 702. OIL TRANSFERS FROM VESSELS. 
(a) REGULATIONS.—Within 1 year after the date of 
enactment of this Act, the Secretary shall promulgate regu-
lations to reduce the risks of oil spills in operations involv-
ing the transfer of oil from or to a tank vessel. The regula-
tions— 
(1) shall focus on operations that have the high-
est risks of discharge, including operations at night 
and in inclement weather; 
(2) shall consider— 
(A) requirements for the use of equipment, 
such as putting booms in place for transfers, 
safety, and environmental impacts; 
(B) operational procedures such as man-
ning standards, communications protocols, and 
restrictions on operations in high-risk areas; or
192 
(C) both such requirements and operational 
procedures; and 
(3) shall take into account the safety of personnel 
and effectiveness of available procedures and equip-
ment for preventing or mitigating transfer spills. 
(b) APPLICATION WITH STATE LAWS.—The regula-
tions promulgated under subsection (a) do not preclude the 
enforcement of any State law or regulation the requirements 
of which are at least as stringent as requirements under 
the regulations (as determined by the Secretary) that— 
(1) applies in State waters; and 
(2) does not conflict with, or interfere with the 
enforcement of, requirements and operational proce-
dures under the regulations. 
SEC. 703. IMPROVEMENTS TO REDUCE HUMAN ERROR AND 
NEAR MISS INCIDENTS. 
(a) REPORT.—Within 1 year after the date of enact-
ment of this Act, the Secretary shall transmit a report to 
the Senate Committee on Commerce, Science, and Trans-
portation and the House Committee on Transportation and 
Infrastructure that, using available data— 
(1) identifies the types of human errors that, 
combined, could cause oil spills, with particular at-
tention to human error caused by fatigue, in the past 
10 years;
193 
(2) in consultation with representatives of indus-
try and labor and experts in the fields of marine cas-
ualties and human factors, identifies the most fre-
quent types of near-miss oil spill incidents involving 
vessels such as collisions, allisions, groundings, and 
loss of propulsion in the past 10 years; 
(3) describes the extent to which there are gaps 
in the data required under paragraphs (1) and (2), 
including gaps in the ability to define and identify 
fatigue, and explains the reason for those gaps; and 
(4) includes recommendations by the Secretary 
and representatives of industry and labor and experts 
in the fields of marine casualties and human factors 
to address the identified types of errors and any such 
gaps in the data. 
(b) MEASURES.—Based on the findings contained in 
the report required by subsection (a), the Secretary shall 
take appropriate action to reduce the risk of oil spills 
caused by human error. 
(c) CONFIDENTIALITY OF VOLUNTARILY SUBMITTED 
INFORMATION.—The identity of a person making a vol-
untary disclosure under this section, and any information 
obtained from any such voluntary disclosure, shall be treat-
ed as confidential.
194 
(d) DISCOVERY OF VOLUNTARILY SUBMITTED INFOR-
MATION.— 
(1) IN GENERAL.—Except as provided in this 
subsection, a party in a judicial proceeding may not 
use discovery to obtain information or data collected 
or received by the Secretary for use in the report re-
quired in subsection (a). 
(2) EXCEPTION.— 
(A) Notwithstanding paragraph (1), a court 
may allow discovery by a party in a judicial 
proceeding of data described in paragraph (1) if, 
after an in camera review of the information or 
data, the court decides that there is a compelling 
reason to allow the discovery. 
(B) When a court allows discovery in a ju-
dicial proceeding as permitted under this para-
graph, the court shall issue a protective order— 
(i) to limit the use of the data to the 
judicial proceeding; and 
(ii) to prohibit dissemination of the 
data to any person who does not need access 
to the data for the proceeding. 
(C) A court may allow data it has decided 
is discoverable under this paragraph to be ad-
mitted into evidence in a judicial proceeding
195 
only if the court places the data under seal to 
prevent the use of the data for a purpose other 
than for the proceeding. 
(3) APPLICATION.—Paragraph (1) shall not 
apply to— 
(A) any disclosure made with actual knowl-
edge that the disclosure was false, inaccurate, or 
misleading; or 
(B) any disclosure made with reckless dis-
regard as to the truth or falsity of that disclo-
sure. 
(e) RESTRICTION ON USE OF DATA.—Data that is vol-
untarily submitted for the purpose of the study required 
under subsection (a) shall not be used in an administrative 
action under chapter 77 of title 46, United States Code. 
SEC. 704. OLYMPIC COAST NATIONAL MARINE SANCTUARY. 
The Secretary of the Department in which the Coast 
Guard is operating and the Under Secretary of Commerce 
for Oceans and Atmosphere shall revise the area to be avoid-
ed off the coast of the State of Washington so that restric-
tions apply to all vessels required to prepare a response 
plan pursuant to section 311(j) of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1321(j)) (other than fishing or 
research vessels while engaged in fishing or research within 
the area to be avoided).
196 
SEC. 705. PREVENTION OF SMALL OIL SPILLS. 
(a) PREVENTION
AND EDUCATION PROGRAM.—The 
Under Secretary of Commerce for Oceans and Atmosphere, 
in consultation with the Secretary of the Department in 
which the Coast Guard is operating and other appropriate 
agencies, shall establish an oil spill prevention and edu-
cation program for small vessels. The program shall provide 
for assessment, outreach, and training and voluntary com-
pliance activities to prevent and improve the effective re-
sponse to oil spills from vessels and facilities not required 
to prepare a vessel response plan under the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.), including 
recreational vessels, commercial fishing vessels, marinas, 
and aquaculture facilities. The Under Secretary may pro-
vide grants to sea grant colleges and institutes designated 
under section 207 of the National Sea Grant College Pro-
gram Act (33 U.S.C. 1126) and to State agencies, tribal 
governments, and other appropriate entities to carry out— 
(1) regional assessments to quantify the source, 
incidence and volume of small oil spills, focusing ini-
tially on regions in the country where, in the past 10 
years, the incidence of such spills is estimated to be 
the highest; 
(2) voluntary, incentive-based clean marina pro-
grams that encourage marina operators, recreational 
boaters, and small commercial vessel operators to en-
197 
gage in environmentally sound operating and mainte-
nance procedures and best management practices to 
prevent or reduce pollution from oil spills and other 
sources; 
(3) cooperative oil spill prevention education 
programs that promote public understanding of the 
impacts of spilled oil and provide useful information 
and techniques to minimize pollution, including 
methods to remove oil and reduce oil contamination 
of bilge water, prevent accidental spills during main-
tenance and refueling and properly cleanup and dis-
pose of oil and hazardous substances; and 
(4) support for programs, including outreach 
and education to address derelict vessels and the 
threat of such vessels sinking and discharging oil and 
other hazardous substances, including outreach and 
education to involve efforts to the owners of such ves-
sels. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Under Secretary of 
Commerce for Oceans and Atmosphere to carry out this sec-
tion, $10,000,000 for each of fiscal years 2010 through 
2014.
198 
SEC. 706. IMPROVED COORDINATION WITH TRIBAL GOV-
ERNMENTS. 
(a) IN GENERAL.—Within 6 months after the date of 
enactment of this Act, the Secretary of the Department in 
which the Coast Guard is operating shall complete the devel-
opment of a tribal consultation policy, which recognizes and 
protects to the maximum extent practicable tribal treaty 
rights and trust assets in order to improve the Coast 
Guard’s consultation and coordination with the tribal gov-
ernments of federally recognized Indian tribes with respect 
to oil spill prevention, preparedness, response and natural 
resource damage assessment. 
(b) INCLUSION OF TRIBAL GOVERNMENT.—The Sec-
retary of the Department in which the Coast Guard is oper-
ating shall ensure that, as soon as practicable after identi-
fying an oil spill that is likely to have a significant impact 
on natural or cultural resources owned or directly utilized 
by a federally recognized Indian tribe, the Coast Guard 
will— 
(1) ensure that representatives of the tribal gov-
ernment of the affected tribes are included as part of 
the incident command system established by the Coast 
Guard to respond to the spill; 
(2) share information about the oil spill with the 
tribal government of the affected tribe; and
200 
gional response team co-chaired by the Coast Guard 
and the Environmental Protection Agency to establish 
policies for responding to oil spills; 
(4) arrangements for the Coast Guard to provide 
training of tribal incident commanders and spill re-
sponders for oil spill preparedness and response; 
(5) demonstration projects to assist tribal gov-
ernments in building the capacity to protect tribal 
treaty rights and trust assets from oil spills; and 
(6) such additional measures the Coast Guard 
determines to be necessary for oil pollution preven-
tion, preparedness, and response. 
(d) FUNDING FOR TRIBAL PARTICIPATION.—Subject to 
the availability of appropriations, the Commandant of the 
Coast Guard shall provide assistance to participating tribal 
governments in order to facilitate the implementation of co-
operative arrangements under subsection (c) and ensure the 
participation of tribal governments in such arrangements. 
There are authorized to be appropriated to the Com-
mandant $500,000 for each of fiscal years 2010 through 
2014 to be used to carry out this section. 
SEC. 707. REPORT ON AVAILABILITY OF TECHNOLOGY TO 
DETECT THE LOSS OF OIL. 
Within 1 year after the date of enactment of this Act, 
the Secretary of the Department in which the Coast Guard
201 
is operating shall submit a report to the Senate Committee 
on Commerce, Science, and Transportation and the House 
of Representatives Committee on Transportation and Infra-
structure on the availability, feasibility, and potential cost 
of technology to detect the loss of oil carried as cargo or 
as fuel on tank and non-tank vessels greater than 400 gross 
tons. 
SEC. 708. USE OF OIL SPILL LIABILITY TRUST FUND. 
(a) IN GENERAL.—Section 1012(a)(5) of the Oil Pollu-
tion Act of 1990 (33 U.S.C. 2712(a)(5)) is amended— 
(1) by redesignating subparagraphs (B) and (C) 
as subparagraphs (C) and (D), respectively; and 
(2) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) not more than $15,000,000 in each fis-
cal year shall be available to the Under Sec-
retary of Commerce for Oceans and Atmosphere 
for expenses incurred by, and activities related 
to, response and damage assessment capabilities 
of the National Oceanic and Atmospheric Ad-
ministration;’’. 
(b) AUDITS; ANNUAL REPORTS.—Section 1012 of the 
Oil Pollution Act of 1990 (33 U.S.C. 2712) is amended— 
(1) by striking subsection (g) and inserting the 
following:
202 
‘‘(g) AUDITS.— 
‘‘(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct an audit, including 
a detailed accounting of each disbursement from the 
Fund in excess of $500,000 that is— 
‘‘(A) disbursed by the National Pollution 
Fund Center and not reimbursed by the respon-
sible party; and 
‘‘(B) administered and managed by the re-
ceiving Federal agencies, including final pay-
ments made to agencies and contractors and, to 
the extent possible, subcontractors. 
‘‘(2) FREQUENCY.—The audits shall be con-
ducted— 
‘‘(A) at least once every 3 years after the 
date of enactment of the Coast Guard Authoriza-
tion Act of 2010 until 2016; and 
‘‘(B) at least once every 5 years after the 
last audit conducted under subparagraph (A). 
‘‘(3) SUBMISSION
OF
RESULTS.—The Comp-
troller shall submit the results of each audit conducted 
under paragraph (1) to— 
‘‘(A) the Senate Committee on Commerce, 
Science, and Transportation;
203 
‘‘(B) the House of Representatives Com-
mittee on Transportation and Infrastructure; 
and 
‘‘(C) the Secretary or Administrator of each 
agency referred to in paragraph (1)(B).’’; and 
(2) by adding at the end thereof the following: 
‘‘(l) REPORTS.— 
‘‘(1) IN GENERAL.—Within one year after the 
date of enactment of the Coast Guard Authorization 
Act of 2010, and annually thereafter, the President, 
through the Secretary of the Department in which the 
Coast Guard is operating, shall— 
‘‘(A) provide a report on disbursements for 
the preceding fiscal year from the Fund, regard-
less of whether those disbursements were subject 
to annual appropriations, to— 
‘‘(i) the Senate Committee on Com-
merce, Science, and Transportation; and 
‘‘(ii) the House of Representatives 
Committee on Transportation and Infra-
structure; and 
‘‘(B) make the report available to the public 
on the National Pollution Funds Center Internet 
website. 
‘‘(2) CONTENTS.—The report shall include—
204 
‘‘(A) a list of each disbursement of $250,000 
or more from the Fund during the preceding fis-
cal year; and 
‘‘(B) a description of how each such use of 
the Fund meets the requirements of subsection 
(a). 
‘‘(3) AGENCY
RECORDKEEPING.—Each Federal 
agency that receives amounts from the Fund shall 
maintain records describing the purposes for which 
such funds were obligated or expended in such detail 
as the Secretary may require for purposes of the re-
port required under paragraph (1).’’. 
SEC. 709. INTERNATIONAL EFFORTS ON ENFORCEMENT. 
The Secretary of the department in which the Coast 
Guard is operating, in consultation with the heads of other 
appropriate Federal agencies, shall ensure that the Coast 
Guard pursues stronger enforcement in the International 
Maritime Organization of agreements related to oil dis-
charges, including joint enforcement operations, training, 
and stronger compliance mechanisms. 
SEC. 710. HIGHER VOLUME PORT AREA REGULATORY DEFI-
NITION CHANGE. 
(a) IN GENERAL.—Within 1 year after the date of en-
actment of this Act, the Commandant shall initiate a rule-
making proceeding to modify the definition of the term
205 
‘‘higher volume port area’’ in section 155.1020 of the Coast 
Guard regulations (33 C.F.R. 155.1020) by striking ‘‘Port 
Angeles, WA’’ in paragraph (13) of that section and insert-
ing ‘‘Cape Flattery, WA’’. 
(b) VESSEL RESPONSE PLAN REVIEWS.—Within 5 
years after the date of enactment of this Act, the Coast 
Guard shall complete its review of any changes to vessel 
response plans under the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) resulting from the modification 
of the higher volume port area definition required by sub-
section (a). 
SEC. 711. TUG ESCORTS FOR LADEN OIL TANKERS. 
(a) COMPARABILITY ANALYSIS.— 
(1) IN GENERAL.—Within 1 year after the date 
of enactment of this Act, the Commandant, in con-
sultation with the Secretary of State, is strongly en-
couraged to enter into negotiations with the Govern-
ment of Canada to update the comparability analysis 
which serves as the basis for the Cooperative Vessel 
Traffic Service agreement between the United States 
and Canada for the management of maritime traffic 
in Puget Sound, the Strait of Georgia, Haro Strait, 
Rosario Strait, and the Strait of Juan de Fuca. The 
updated analysis shall, at a minimum, consider—
206 
(A) requirements for laden tank vessels to be 
escorted by tug boats; 
(B) vessel emergency response towing capa-
bility at the entrance to the Strait of Juan de 
Fuca; and 
(C) spill response capability throughout the 
shared water, including oil spill response plan-
ning requirements for vessels bound for one na-
tion transiting through the waters of the other 
nation. 
(2) CONSULTATION
REQUIREMENT.—In con-
ducting the analysis required under this subsection, 
the Commandant shall consult with the State of 
Washington and affected tribal governments. 
(3) RECOMMENDATIONS.—Within 18 months 
after the date of enactment of this Act, the Com-
mandant shall submit recommendations based on the 
analysis required under this subsection to the Senate 
Committee on Commerce, Science, and Transpor-
tation and the House of Representatives Committee 
on Transportation and Infrastructure. The rec-
ommendations shall consider a full range of options 
for the management of maritime traffic, including 
Federal legislation, promulgation of Federal rules, 
and the establishment of cooperative agreements for
207 
shared funding of spill prevention and response sys-
tems. 
(b) DUAL ESCORT VESSELS FOR DOUBLE HULLED 
TANKERS IN PRINCE WILLIAM SOUND, ALASKA.— 
(1) IN
GENERAL.—Section 4116(c) of the Oil 
Pollution Act of 1990 (46 U.S.C. 3703 note) is 
amended— 
(A) by striking ‘‘Not later than 6 months 
after the date of the enactment of this Act, the’’ 
and inserting ‘‘(1) IN GENERAL.—The’’; and 
(B) by adding at the end the following: 
‘‘(2) PRINCE WILLIAM SOUND, ALASKA.— 
‘‘(A) IN
GENERAL.—The requirement in 
paragraph (1) relating to single hulled tankers 
in Prince William Sound, Alaska, described in 
that paragraph being escorted by at least 2 tow-
ing vessels or other vessels considered to be ap-
propriate by the Secretary (including regulations 
promulgated 
in 
accordance 
with 
section 
3703(a)(3) of title 46, United States Code, as set 
forth in part 168 of title 33, Code of Federal 
Regulations (as in effect on March 1, 2009) im-
plementing this subsection with respect to those 
tankers) shall apply to double hulled tankers over
208 
5,000 gross tons transporting oil in bulk in 
Prince William Sound, Alaska. 
‘‘(B) 
IMPLEMENTATION
OF
REQUIRE-
MENTS.—The Secretary of the department in 
which the Coast Guard is operating shall pre-
scribe interim final regulations to carry out sub-
paragraph (A) as soon as practicable without 
notice and hearing pursuant to section 553 of 
title 5 of the United States Code.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by subsection (b) take effect on the date that is 90 
days after the date of enactment of this Act. 
(c) PRESERVATION OF STATE AUTHORITY.—Nothing 
in this Act or in any other provision of Federal law related 
to the regulation of maritime transportation of oil shall af-
fect, or be construed or interpreted as preempting, the au-
thority of any State or political subdivision thereof which 
require the escort by one or more tugs of laden oil tankers 
in the areas which are specified in section 4116(c) of the 
Oil Pollution Act of 1990 (46 U.S.C. 3703 note). 
(d) VESSEL TRAFFIC RISK ASSESSMENT.— 
(1) REQUIREMENT.—The Commandant of the 
Coast Guard, acting through the appropriate Area 
Committee established under section 311(j)(4) of the 
Federal Water Pollution Control Act, shall prepare a
209 
vessel traffic risk assessment for Cook Inlet, Alaska, 
within 1 year after the date of enactment of this Act. 
(2) CONTENTS.—The assessment shall describe, 
for the region covered by the assessment— 
(A) the amount and character of present 
and estimated future shipping traffic in the re-
gion; and 
(B) the current and projected use and effec-
tiveness in reducing risk, of— 
(i) traffic separation schemes and rout-
ing measures; 
(ii) long-range vessel tracking systems 
developed under section 70115 of title 46, 
United States Code; 
(iii) towing, response, or escort tugs; 
(iv) vessel traffic services; 
(v) emergency towing packages on ves-
sels; 
(vi) increased spill response equipment 
including equipment appropriate for severe 
weather and sea conditions; 
(vii) the Automatic Identification Sys-
tem developed under section 70114 of title 
46, United States Code;
210 
(viii) particularly sensitive sea areas, 
areas to be avoided, and other traffic exclu-
sion zones; 
(ix) aids to navigation; and 
(x) vessel response plans. 
(3) RECOMMENDATIONS.— 
(A) IN GENERAL.—The assessment shall in-
clude any appropriate recommendations to en-
hance the safety, or lessen potential adverse envi-
ronmental impacts, of marine shipping. 
(B) CONSULTATION.—Before making any 
recommendations under paragraph (1) for a re-
gion, the Area Committee shall consult with af-
fected local, State, and Federal government agen-
cies, representatives of the fishing industry, Alas-
ka Natives from the region, the conservation 
community, and the merchant shipping and oil 
transportation industries. 
(4) 
PROVISION
TO
CONGRESS.—The 
Com-
mandant shall provide a copy of the assessment to the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate.
211 
SEC. 712. EXTENSION OF FINANCIAL RESPONSIBILITY. 
Section 1016(a) of the Oil Pollution Act of 1990 (33 
U.S.C. 2716(a)) is amended— 
(1) by striking ‘‘or’’ after the semicolon in para-
graph (1); 
(2) by inserting ‘‘or’’ after the semicolon in 
paragraph (2); and 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) any tank vessel over 100 gross tons using 
any place subject to the jurisdiction of the United 
States;’’. 
SEC. 713. LIABILITY FOR USE OF SINGLE-HULL VESSELS. 
Section 1001(32)(A) of the Oil Pollution Act of 1990 
(33 U.S.C. 2701(32)(A)) is amended by inserting ‘‘In the 
case of a vessel, the term ‘responsible party’ also includes 
the owner of oil being transported in a tank vessel with 
a single hull after December 31, 2010 (other than a vessel 
described in section 3703a(b)(3) of title 46, United States 
Code).’’ after ‘‘vessel.’’. 
TITLE VIII—PORT SECURITY 
SEC. 801. AMERICA’S WATERWAY WATCH PROGRAM. 
(a) IN GENERAL.—Chapter 701 of title 46, United 
States Code, is amended by adding at the end thereof the 
following: