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‘‘(2) Paragraph (1) applies to an offshore supply vessel 
of at least 6,000 gross tons as measured under section 14302 
of this title if the individuals engaged on the vessel are in 
compliance with hours of service requirements (including 
recording and record-keeping of that service) as prescribed 
by the Secretary.’’. 
(e) OIL FUEL TANK PROTECTION.— 
(1) APPLICATION.—An offshore supply vessel of 
at least 6,000 gross tons as measured under section 
14302 of this title that is constructed under a contract 
entered into after the date of enactment of this Act, 
or that is delivered after August 1, 2010, with an ag-
gregate 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, regardless of whether such vessel is en-
gaged in the coastwise trade or on an international 
voyage. 
(2) DEFINITION.—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. 
(f) REGULATIONS.—
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(1) IN GENERAL.—Not later than January 1, 
2012, the Secretary of the department in which the 
Coast Guard is operating shall promulgate regula-
tions to implement the amendments and authorities 
enacted by this section for offshore supply vessels of 
at least 6,000 gross tons as measured under section 
14302 of title 46, United States Code, and to ensure 
the safe carriage of oil, hazardous substances, and in-
dividuals in addition to the crew on such vessels. The 
final rule issued pursuant to such rulemaking may 
supersede the interim final rule promulgated under 
paragraph (2) of this subsection. In promulgating 
regulations under this subsection, the Secretary shall 
take into consideration the characteristics of offshore 
supply vessels, their methods of operation, and their 
service in support of exploration, exploitation, or pro-
duction of offshore mineral or energy resources. 
(2) INTERIM FINAL RULE AUTHORITY.—As soon 
as is practicable and without regard to the provisions 
of chapters 5 and 6 of title 5, United States Code, the 
Secretary shall issue an interim final rule as a tem-
porary regulation implementing this section (includ-
ing the amendments made by this section) for offshore 
supply vessels of at least 6,000 gross tons as measured 
under section 14302 of title 46, United States Code,
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and to ensure the safe carriage of oil, hazardous sub-
stances, and individuals in addition to the crew on 
such vessels. 
(3) INTERIM PERIOD.—After the effective date of 
this Act, prior to the effective date of the regulations 
prescribed by paragraph (2) of this subsection, and 
without regard to the provisions of chapters 5 and 6 
of title 5, United States Code, and the offshore supply 
vessel tonnage limits of applicable regulations and 
policy guidance promulgated prior to the date of en-
actment of this Act, the Secretary may— 
(A) issue a certificate of inspection under 
section 3309 of title 46, United States Code, to 
an offshore supply vessel of at least 6,000 gross 
tons as measured under section 14302 of this 
title if the Secretary determines that such vessel’s 
arrangements and equipment meet the current 
Coast Guard requirements for certification as a 
cargo and miscellaneous vessel; and 
(B) authorize a master, mate or engineer 
who possesses an ocean or near coastal license 
under part 10 of subchapter B of title 46, Code 
of Federal Regulations, (or any successor regula-
tion) which qualifies the licensed officer for serv-
ice on offshore supply vessels of more than 3,000
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gross tons, as measured under section 14302 of 
title 46, United States Code, to operate offshore 
supply vessels of 6,000 gross tons or greater, as 
measured under such section. 
SEC. 905. ASSESSMENT OF CERTAIN AIDS TO NAVIGATION 
AND TRAFFIC FLOW. 
(a) INFORMATION ON USAGE.—Within 60 days after 
the date of enactment of this Act, the Commandant of the 
Coast Guard shall— 
(1) determine the types and numbers of vessels 
typically transiting or utilizing that portion of the 
Atlantic Intracoastal Waterway beginning at a point 
that is due East of the outlet of the Cutler Drain 
Canal C–100 in Dade County, Florida, and ending at 
the Dade County line, during a period of 30 days; 
and 
(2) provide the information on usage compiled 
under this subsection to the Senate Committee on 
Commerce, Science, and Transportation and the 
House of Representatives Committee on Transpor-
tation and Infrastructure. 
(b) ASSESSMENT OF CERTAIN AIDS TO NAVIGATION.— 
Within 90 days after the date of enactment of this Act, the 
Commandant of the Coast Guard shall—
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(1) review and assess the buoys, markers, and 
other aids to navigation in and along that portion of 
the Atlantic Intracoastal Waterway specified in sub-
section (a), to determine the adequacy and sufficiency 
of such aids, and the need to replace such aids, install 
additional aids, or both; and 
(2) submit a report on the assessment required 
by this section to the committees. 
(c) SUBMISSION OF PLAN.—Within 180 days after the 
date of enactment of this Act, the Commandant shall submit 
a plan to the committees to address the needs identified 
under subsection (b). 
SEC. 906. ALTERNATIVE LICENSING PROGRAM FOR OPERA-
TORS OF UNINSPECTED PASSENGER VESSELS 
ON LAKE TEXOMA IN TEXAS AND OKLAHOMA. 
(a) IN GENERAL.—Upon the request of the Governor 
of the State of Texas or the Governor of the State of Okla-
homa, the Secretary of the department in which the Coast 
Guard is operating shall enter into an agreement with the 
Governor of the State whereby the State shall license opera-
tors of uninspected passenger vessels operating on Lake 
Texoma in Texas and Oklahoma in lieu of the Secretary 
issuing the license pursuant to section 8903 of title 46, 
United States Code, and the regulations issued thereunder,
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but only if the State plan for licensing the operators of 
uninspected passenger vessels— 
(1) meets the equivalent standards of safety and 
protection of the environment as those contained in 
subtitle II of title 46, United States Code, and regula-
tions issued thereunder; 
(2) includes— 
(A) standards for chemical testing for such 
operators; 
(B) physical standards for such operators; 
(C) professional service and training re-
quirements for such operators; and 
(D) criminal history background check for 
such operators; 
(3) provides for the suspension and revocation of 
State licenses; 
(4) makes an individual, who is ineligible for a 
license issued under title 46, United States Code, in-
eligible for a State license; and 
(5) provides for a report that includes— 
(A) the number of applications that, for the 
preceding year, the State rejected due to failure 
to— 
(i) meet chemical testing standards; 
(ii) meet physical standards;
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(iii) meet professional service and 
training requirements; and 
(iv) pass criminal history background 
check for such operators; 
(B) the number of licenses that, for the pre-
ceding year, the State issued; 
(C) the number of license investigations 
that, for the preceding year, the State conducted; 
(D) the number of licenses that, for the pre-
ceding year, the State suspended or revoked, and 
the cause for such suspensions or revocations; 
and 
(E) the number of injuries, deaths, colli-
sions, and loss or damage associated with 
uninspected passenger vessels operations that, for 
the preceding year, the State investigated. 
(b) ADMINISTRATION.— 
(1) The Governor of the State may delegate the 
execution and enforcement of the State plan, includ-
ing the authority to license and the duty to report in-
formation pursuant to subsection (a), to any subordi-
nate State officer. The Governor shall provide, to the 
Secretary, written notice of any delegation. 
(2) The Governor (or the Governor’s designee) 
shall provide written notice of any amendment to the
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State plan no less than 45 days prior to the effective 
date of such amendment. 
(3) At the request of the Secretary, the Governor 
of the State (or the Governor’s designee) shall grant, 
on a biennial basis, the Secretary access to State 
records and State personnel for the purpose of audit-
ing State execution and enforcement of the State 
plan. 
(c) APPLICATION.— 
(1) The requirements of section 8903 of title 46, 
United States Code, and the regulations issued there-
under shall not apply to any person operating under 
the authority of a State license issued pursuant to an 
agreement under this section. 
(2) The State shall not compel a person, oper-
ating under the authority of a license issued either by 
another State, pursuant to a valid agreement under 
this section, or by the Secretary, pursuant to section 
8903 of title 46, United States Code, to— 
(A) hold a license issued by the State, pur-
suant to an agreement under this section; or 
(B) pay any fee, associated with licensing, 
because the person does not hold a license issued 
by the State, pursuant to an agreement under 
this section.
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Nothing in this paragraph shall limit the authority 
of the State to impose requirements or fees for privi-
leges, other than licensing, that are associated with 
the operation of uninspected passenger vessels on Lake 
Texoma. 
(3) For the purpose of enforcement, if an indi-
vidual is issued a license— 
(A) by a State, pursuant to an agreement 
entered into under to this section, or 
(B) by the Secretary, pursuant to section 
8903 of title 46, United States Code, 
then the individual shall be entitled to lawfully oper-
ate an uninspected passenger vessel on Lake Texoma 
in Texas and Oklahoma without further requirement 
to hold an additional operator’s license. 
(d) TERMINATION.— 
(1) If— 
(A) the Secretary finds that the State plan 
for the licensing the operators of uninspected 
passenger vessels— 
(i) does not meet the equivalent stand-
ards of safety and protection of the environ-
ment as those contained in subtitle II of 
title 46, United States Code, and regula-
tions issued thereunder,
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(ii) does not include— 
(I) standards for chemical testing 
for such operators, 
(II) physical standards for such 
operators, 
(III) 
professional 
service 
and 
training requirements for such opera-
tors, or 
(IV) background and criminal in-
vestigations for such operators, 
(iii) does not provide for the suspen-
sion and revocation of State licenses, or 
(iv) does not make an individual, who 
is ineligible for a license issued under title 
46, United States Code, ineligible for a 
State license, or 
(B) the Governor (or the Governor’s des-
ignee) fails to report pursuant to subsection (b), 
the Secretary shall terminate the agreement author-
ized by this section, if the Secretary provides written 
notice to the Governor of the State 60 days in ad-
vance of termination. The findings of fact and conclu-
sions of the Secretary, if based on a preponderance of 
the evidence, shall be conclusive.
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(2) The Governor of the State may terminate the 
agreement authorized by this section, if the Governor 
provides written notice to the Secretary 60 days in 
advance of the termination date. 
(e) EXISTING AUTHORITY.—Nothing in this section 
shall affect or diminish the authority or jurisdiction of any 
Federal or State officer to investigate, or require reporting 
of, marine casualties. 
(f) UNINSPECTED PASSENGER VESSEL DEFINED.—In 
this section the term ‘‘uninspected passenger vessel’’ has the 
meaning that term has in section 2101(42)(B) of title 46, 
United States Code. 
TITLE X—BUDGETARY EFFECTS 
SEC. 1001. 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