[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.''.
                                 <all>