[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 238 Introduced in House (IH)]
105th CONGRESS
1st Session
H. R. 238
To amend the Oil Pollution Act of 1990 to make the Act more effective
in preventing oil pollution in the Nation's waters through enhanced
prevention of, and improved response to, oil spills, and to ensure that
citizens and communities injured by oil spills are promptly and fully
compensated, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 7, 1997
Mr. Menendez introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend the Oil Pollution Act of 1990 to make the Act more effective
in preventing oil pollution in the Nation's waters through enhanced
prevention of, and improved response to, oil spills, and to ensure that
citizens and communities injured by oil spills are promptly and fully
compensated, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Oil Spill
Prevention and Response Improvement Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--ENHANCEMENT OF OIL SPILL PREVENTION
Sec. 101. Interim oil spill prevention measures for single-hull
vessels.
Sec. 102. Incentive for oil shippers to convert single hull vessels to
double hull vessels.
Sec. 103. Prevention of oil spills by improvement of safety of towing
vessels.
Sec. 104. Other oil prevention enhancement measures.
TITLE II--IMPROVEMENT OF RESPONSES TO OIL SPILLS
Sec. 201. Access to timely short-term financial assistance for persons
injured by oil spills.
Sec. 202. Advance planning and coordination to ensure prompt
decisionmaking on reopening and closing of
fishing grounds.
Sec. 203. Qualification of major oil spills as major disasters.
Sec. 204. Access to oil spill liability trust fund for natural resource
damages.
Sec. 205. Access to necessary information, expertise, and funding to
mitigate near-term ecological injury
resulting from oil spill.
Sec. 206. Compliance with response plans.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Transportation, acting through the United States Coast Guard.
TITLE I--ENHANCEMENT OF OIL SPILL PREVENTION
SEC. 101. INTERIM OIL SPILL PREVENTION MEASURES FOR SINGLE-HULL
VESSELS.
(a) Effectiveness of Proposed Rule.--Section 4115(b) of the Oil
Pollution Act of 1990 (46 U.S.C. 3703a note) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Operational elements.--If a final rule under this
subsection with respect to operational elements does not become
effective by the date that is 59 months after the date
specified in paragraph (1), the proposed rule in the
Supplemental Notice of Proposed Rulemaking (60 Fed. Reg. 55,904
(1995)) shall be considered to be in effect as a final rule as
of that date and shall remain in effect until a final rule
becomes effective.
``(3) Structural elements.--If a final rule under this
subsection with respect to structural elements does not become
effective by the date that is 64 months after the date
specified in paragraph (1), the proposed rule in the Notice of
Proposed Rulemaking (58 Fed. Reg. 54,870 (1993)) shall be
considered to be in effect as a final rule as of that date and
shall remain in effect until a final rule becomes effective.''.
(b) Prevention Measures.--Section 4115(b) of the Oil Pollution Act
of 1990 (46 U.S.C. 3703a note), as amended by subsection (a) of this
section, is amended by adding at the end the following:
``(4) Provisions to be included.--
``(A) In general.--In issuing rules under this
subsection, the Secretary shall include the following
provisions to the greatest extent practicable:
``(i) A requirement that a single hull
barge over 5,000 gross tons operating in open
ocean or coastal waters that is affected by
this section have at least 1 of the following:
``(I) A crew member on board and an
operable anchor.
``(II) An emergency system on board
the vessel towing the barge to retrieve
the barge if the tow line ruptures.
``(III) Adoption of any other
measure that provides comparable
protection against grounding of the
barge as that provided by a measure
described in subclause (I) or (II).
``(ii) In cooperation with the captain of
the port for each port in which any tank vessel
not fitted with a double bottom that covers the
entire cargo tank length operates,
establishment of a minimum under-keel clearance
for the vessel when entering the port or place
of destination and when departing port.
``(B) Considerations.--In issuing rules under this
subsection, the Secretary shall--
``(i) require the use of all measures that
advance the objectives of this section, not
only those determined to be the most cost-
effective or most cost-efficient;
``(ii) take account of human safety,
including the safety of crew members on
affected tank vessels; and
``(iii) consider measures that prevent
collision or grounding of a tank vessel in
addition to those that reduce oil outflow after
such a collision or grounding has occurred.''.
SEC. 102. INCENTIVE FOR OIL SHIPPERS TO CONVERT SINGLE HULL VESSELS TO
DOUBLE HULL VESSELS.
Section 1004(c) of the Oil Pollution Act of 1990 (33 U.S.C.
2704(c)) is amended--
(1) in paragraph (1) by striking ``Subsection (a)'' and
inserting ``Except as provided in paragraph (4), subsection
(a)''; and
(2) by adding at the end the following:
``(4) Double-hulled vessels.--The exception in paragraph
(1)(B) shall not apply--
``(A) to a tank vessel that, as of the date of
enactment of this paragraph, is equipped with a double
hull; or
``(B) to a double hull vessel that is replacing
another tank vessel not equipped with a double hull
that is being retired at least 5 years prior to the
applicable retirement date under section 3703a(c) of
title 46, United States Code.''.
SEC. 103. PREVENTION OF OIL SPILLS BY IMPROVEMENT OF SAFETY OF TOWING
VESSELS.
(a) Deadline on Issuance of Final Regulations.--If a final rule on
navigation safety equipment for towing vessels does not become
effective by September 30, 1996, the proposed rule in the Notice of
Proposed Rulemaking (60 Fed. Reg. 55890 (1995)) shall be considered to
be in effect as a final rule as of that date and shall remain in effect
until a final rule becomes effective.
(b) Consideration of Fire-Suppression Equipment in Towing Safety
Rulemaking.--In issuing a final rule on navigation safety equipment for
towing vessels in accordance with subsection (a), the Secretary
shall establish a requirement that a towing vessel have a fire-
suppression system or other equipment to provide adequate assurance
that an onboard fire can be suppressed under reasonably foreseeable
circumstances.
SEC. 104. OTHER OIL PREVENTION ENHANCEMENT MEASURES.
(a) Requirement for Study of Oil Spill Risks.--
(1) In general.--The Secretary shall coordinate with the
Marine Board of the National Research Council on a study into
how the designation of waters through which tank vessels
transport oil, and the designation of shipping lanes for tank
vessels, affect the risk of an oil spill.
(2) Recommendations.--In the study under paragraph (1), the
Marine Board of the National Research Council shall recommend
to the Secretary any changes to designations of waters that
would minimize the risk of oil spills.
(b) Lightering Operations.--The first sentence of section 3715(b)
of title 46, United States Code, is amended by striking ``of this
section'' and inserting ``that include requirements that the Secretary
determines will provide protection to the environment that is as
substantial as is economically and technologically feasible''.
TITLE II--IMPROVEMENT OF RESPONSES TO OIL SPILLS
SEC. 201. ACCESS TO TIMELY SHORT-TERM FINANCIAL ASSISTANCE FOR PERSONS
INJURED BY OIL SPILLS.
(a) Damages for Loss of Profits or Impairment of Earning
Capacity.--Section 1002(b)(2)(E) of the Oil Pollution Act of 1990 (33
U.S.C. 2702(b)(2)(E)) is amended by striking the period at the end and
inserting the following: ``, in part or in full. Payment or settlement
of a claim for interim, short-term damages representing less than the
full amount of damages to which the claimant ultimately may be entitled
under this subparagraph shall not preclude recovery by the claimant for
damages not reflected in the paid or settled partial claim.''.
(b) Claims Procedure.--Section 1013(d) of the Oil Pollution Act of
1990 (33 U.S.C. 2713(d)) is amended by inserting after ``unavailable''
the following: ``including a claim for interim, short-term damages
representing less than the full amount of damages to which the claimant
ultimately may be entitled,''.
(c) Advertisement.--Section 1014(b) of the Oil Pollution Act of
1990 (33 U.S.C. 2714(b)) is amended--
(1) by striking ``If a responsible party'' and inserting
the following:
``(1) In general.--If a responsible party''; and
(2) by adding at the end the following:
``(2) Claim for interim damages.--An advertisement under
paragraph (1) shall state that a claimant may present a claim
for interim, short-term damages representing less than the full
amount of damages to which the claimant ultimately may be
entitled and payment of such a claim shall not preclude
recovery for damages not reflected in the paid or settled
partial claim.''.
(d) Subrogation.--Section 1015(a) of the Oil Pollution Act of 1990
(33 U.S.C. 2715(a)) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Interim Damages.--
``(1) In general.--If a responsible party, a guarantor, or
the Fund has made payment to a claimant for interim, short-term
damages representing less than the full amount of damages to
which the claimant ultimately may be entitled, subrogation
under subsection (a) shall apply only with respect to the
portion of the claim reflected in the paid interim claim.
``(2) Final damages.--Payment of such a claim shall not
foreclose a claimant's right to recovery of all damages to
which the claimant otherwise is entitled under this title or
any other law.''.
SEC. 202. ADVANCE PLANNING AND COORDINATION TO ENSURE PROMPT
DECISIONMAKING ON REOPENING AND CLOSING OF FISHING
GROUNDS.
(a) National Guidance.--Section 311(j)(4)(D) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)(4)(D)) is amended--
(1) in clause (i) by striking ``and'' at the end;
(2) in clause (ii) by striking the period and inserting ``;
and''; and
(3) by adding at the end the following:
``(iii) acting through the Under Secretary
of Commerce for Oceans and Atmosphere and in
consultation with the Administrator, the
Director of the United States Fish and Wildlife
Service, and other affected agencies, issue
guidance for Area Committees to use in
developing a framework for advanced planning
and decisionmaking with respect to the closing
and reopening of fishing grounds following an
oil spill, which guidance shall include model
protocols and standards for the closing and
reopening of fishing areas.''.
(b) Requirement That Area Contingency Plans Contain Area-Specific
Protocols and Standards.--
(1) Cooperation with state and local officials.--Section
311(j)(4)(B)(ii) of the Federal Water Pollution Control Act (33
U.S.C. 1321(j)(4)(B)(ii)) is amended by inserting after
``wildlife'' the following: ``, including advance planning with
respect to the closing and reopening of fishing grounds
following an oil spill''.
(2) Framework.--Section 311(j)(4)(C) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)(4)(C)) is amended--
(A) by redesignating clauses (vii) and (viii) as
clauses (viii) and (ix), respectively; and
(B) by inserting after clause (vi) the following:
``(vii) develop a framework for advanced planning
and decisionmaking with respect to the closing and
reopening of fishing grounds following an oil spill,
including protocols and standards for the closing and
reopening of fishing areas;''.
SEC. 203. ACCESS TO OIL SPILL LIABILITY TRUST FUND FOR NATURAL RESOURCE
DAMAGES.
Section 6002 of the Oil Pollution Act of 1990 (33 U.S.C. 2752) is
amended by striking subsection (b) and inserting the following:
``(b) Exceptions.--
``(1) In general.--Subsection (a) shall not apply to--
``(A) section 1006(f), 1012(a) (2) or (4), or
5006(b); or
``(b) an amount not exceeding $50,000,000 for any
fiscal year that the President may make available from
the Fund to--
``(i) carry out section 311(c) of the
Federal Water Pollution Control Act (33 U.S.C.
1321(c));
``(ii) conduct the assessment of natural
resource damages required under section 1006;
``(iii) develop restoration plans; and
``(iv) implement the initial phases of
restoration plans.
``(2) Availability.--Amounts to which this subsection
applies shall remain available until expended.''.
SEC. 204. ACCESS TO NECESSARY INFORMATION, EXPERTISE, AND FUNDING TO
MITIGATE NEAR-TERM ECOLOGICAL INJURY RESULTING FROM OIL
SPILL.
(a) Access to Funds To Mitigate Near-Term Injury.--Section 1012(a)
of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)) is amended--
(1) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(2) by adding at the end the following:
``(6) the payment of costs to mitigate ecological injury
(including the immediate costs of management, at a level and of
a type that are needed to mitigate ecological injury, as
determined solely by the Federal On-Scene Coordinator).
(b) Access to Scientists With Relevant Expertise.--
(1) Identifying scientists in area contingency plans.--
Section 311(j)(4)(C) of the Federal Water Pollution Control Act
(as amended by section 202(b)(2) of this Act) is amended--
(A) by redesignating clauses (viii) and (ix) as
clauses (ix) and (x), respectively; and
(B) by inserting after clause (vii) the following:
``(viii) compile a list of local scientists, both
inside and outside Federal Government service, with
expertise in the environmental effects of spills of the
types of oil typically transported in the area, who may
be contacted to provide information or participate in
the scientific support team convened in response to a
spill;''.
(c) Establishment of Scientific Support Team.--Section 4202(b) of
the Oil Pollution Act of 1990 (33 U.S.C. 1321 note) is amended by
adding at the end the following:
``(5) Scientific support team.--
``(A) Establishment.--Not later than 6 months after
the date of enactment of this paragraph, the Secretary
shall establish a process under which a scientific
support team shall be convened immediately in response
to each oil spill covered by this Act.
``(B) Purpose.--The purpose of the scientific
support team shall be to provide useful or necessary
scientific information and support to the response team
and to recommend any measures that will serve to
mitigate ecological injury immediately following such a
spill.
``(C) Participation by scientists with expertise.--
The process under subparagraph (A) shall provide for
consideration for participation on a scientific support
team to be given to scientists identified in the area
contingency plan with expertise in the environmental
effects of the kind of oil that has been spilled or
that has actually or potentially affected natural
resources.
``(D) Operations open to the public.--To the extent
it does not interfere with its expeditious operation,
the operations of a scientific team shall be open to
the public.''.
(d) Access to Useful and Necessary Information.--
(1) Establishment of information clearinghouse.--Section
7001(a) the Oil Pollution Act of 1990 (33 U.S.C. 2761(a)) is
amended--
(A) by striking ``may designate'' at the end of
paragraph (3) and all that follows
through ``representative'' and inserting ``may designate. A
representative''; and
(B) by adding at the end the following:
``(4) Dissemination of information.--The Interagency
Committee shall disseminate and compile information regarding
previous spills, including data from universities, research
institutions, State governments, and other nations, as
appropriate.''.
(2) Requirement that national response units maintain
information on environmental effects of oil spills.--Section
311(j)(2) of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)(2)) is amended--
(A) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(B) by inserting the following after subparagraph
(E):
``(F) shall maintain and update a body of
information on the environmental effects of various
types of oil spills and how best to mitigate those
effects, which shall be kept in a form that is readily
transmittable to response teams responding to a spill
under this Act;''.
SEC. 205. COMPLIANCE WITH RESPONSE PLANS.
Section 311(c)(3)(B) of the Federal Water Pollution Control Act (33
U.S.C. 1321(c)(3)(B)) is amended by striking ``or as directed by the
President'' and inserting ``unless the President or the on-scene
coordinator determines that deviation from the plan would provide for a
more expeditious or effective response to the spill or mitigation of
its environmental effects.''.
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