124 STAT. 2982 PUBLIC LAW 111–281—OCT. 15, 2010 (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 required 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 judicial pro- ceeding as permitted under this paragraph, 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 discover- able under this paragraph to be admitted into evidence in a judicial proceeding 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 knowledge that the disclosure was false, inaccurate, or misleading; or (B) any disclosure made with reckless disregard as to the truth or falsity of that disclosure. (e) RESTRICTION ON USE OF DATA.—Data that is voluntarily 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 avoided off the coast of the State of Washington so that restrictions apply to all vessels required to prepare a response plan pursuant to section 311(j) of the Federal Water Pollution 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). SEC. 705. PREVENTION OF SMALL OIL SPILLS. (a) PREVENTION AND EDUCATION PROGRAM.—The Under Sec- retary 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 education program for small vessels. The program shall provide for assessment, outreach, and training and voluntary compliance activities to prevent and improve the effective response 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 provide grants to sea grant colleges and institutes designated under section 207 of the National Sea Grant 33 USC 1321a.
