[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5431 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 5431
To amend the Oil Pollution Act of 1990 to prevent oil spills and
increase liability limits, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 7, 2004
Mr. Pallone 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 prevent oil spills and
increase liability limits, 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.
This Act may be cited as the ``Oil Spill Prevention and Liability
Act of 2004''.
SEC. 2. DEFINITION OF RESPONSIBLE PARTY.
Section 1001(32) of the Oil Pollution Act of 1990 (33 U.S.C.
2701(32)) is amended by striking subparagraph (A) and inserting the
following:
``(A) Vessels.--
``(i) In general.--In the case of a vessel
other than a single-hull tank vessel, any
person that owns, operates, or demise charters
the vessel.
``(ii) Single-hull tank vessels.--In the
case of a single-hull tank vessel, any person
that--
``(I) owns, operates, or demise
charters the vessel; or
``(II) by contract or agreement,
through an agent, or otherwise,
arranges for the shipment in a single-
hull tank vessel of oil owned or
possessed by the person or any other
person.''.
SEC. 3. LIMITS ON LIABILITY.
(a) Increase in Liability Limits.--Section 1004(a) of the Oil
Pollution Act of 1990 (33 U.S.C. 2704(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``for a tank vessel, the greater
of--'' and inserting ``for a double-hull tank vessel,
after December 31, 2004, the greater of--'';
(B) in subparagraph (A), by striking ``$1,200'' and
inserting ``$2,400''; and
(C) in subparagraph (B)--
(i) in clause (i), by striking
``$10,000,000'' and inserting ``$20,000,000'';
and
(ii) in clause (ii), by striking
``$2,000,000'' and inserting ``$4,000,000'';
(2) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(3) by inserting after paragraph (1) the following:
``(2) for a single-hull tank vessel--
``(A) during the period beginning January 1, 2005,
and ending December 31, 2005, the greater of--
``(i) $2,400 per gross ton; or
``(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $20,000,000; or
``(II) in the case of a vessel of 3,000
gross tons or less, $4,000,000;
``(B) during the period beginning January 1, 2006,
and ending December 31, 2006, the greater of--
``(i) $3,600 per gross ton; or
``(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $30,000,000; or
``(II) in the case of a vessel of 3,000
gross tons or less, $6,000,000;
``(C) during the period beginning January 1, 2007,
and ending December 31, 2007, the greater of--
``(i) $4,800 per gross ton; or
``(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $40,000,000; or
``(II) in the case of a vessel of 3,000
gross tons or less, $8,000,000;
``(D) during the period beginning January 1, 2008,
and ending December 31, 2008, the greater of--
``(i) $6,000 per gross ton; or
``(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $50,000,000; or
``(II) in the case of a vessel of 3,000
gross tons or less, $10,000,000;
``(E) during the period beginning January 1, 2009,
and ending December 31, 2009, the greater of--
``(i) $7,200 per gross ton; or
``(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $60,000,000; or
``(II) in the case of a vessel of 3,000
gross tons or less, $12,000,000; and
``(F) after December 31, 2009, the maximum amount
permitted under the Constitution;'';
(4) in paragraph (3) (as redesignated by paragraph (2))--
(A) by striking ``$600'' and inserting ``$1,200'';
and
(B) by striking ``$500,000'' and inserting
``$1,000,000'';
(5) in paragraph (4) (as redesignated by paragraph (2)), by
striking ``$75,000,000'' and inserting ``$150,000,000''; and
(6) in paragraph (5) (as redesignated by paragraph (2)), by
striking ``$350,000,000'' and inserting ``$700,000,000''.
(b) Adjustment of Liability Limits.--Section 1004(d) of the Oil
Pollution Act of 1990 (33 U.S.C. 2704(d)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Deepwater ports and associated vessels.--The
Secretary may establish a limit of liability of less than
$700,000,000, but not less than $100,000,000, for the
transportation of oil by vessel to deepwater ports (as defined
in section 3 of the Deepwater Port Act of 1974 (33 U.S.C.
1502).''; and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(c) Adjustment for Inflation.--Paragraph (2) of section 1004(d) of
the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)) (as redesignated by
subsection (b)(2)) is amended--
(1) by striking ``The President'' and inserting ``The
Secretary of the department in which the Coast Guard is
located, in consultation with the Administrator of the
Environmental Protection Agency and the Secretary of the
Interior,''; and
(2) by striking ``significant''.
SEC. 4. CARRIAGE OF LIQUID BULK DANGEROUS CARGOES.
(a) Conditions for Entry to Ports in the United States.--Section 9
of the Ports and Waterways Safety Act (33 U.S.C. 1228) is amended by
adding at the end the following:
``(c) Risk of Severe Harm.--Not later than January 1, 2006, the
Secretary of the department in which the Coast Guard is located shall
promulgate regulations under which the owner or operator of a port on
the navigable waters of the United States may, after December 31, 2009,
place restrictions on the entry into port of a tank vessel shipment
presenting a risk of severe harm to the port or port region.''.
(b) Inspection and Examination.--Section 3714(a) of title 46,
United States Code, is amended by adding at the end the following:
``(6) In addition to the inspections required under
paragraphs (1) and (2), each single-hull tank vessel that is
more than 15 years of age shall undergo an annual inspection in
accordance with the Condition Assessment Scheme of the Marine
Environment Protection Committee of the International Maritime
Organization, adopted by Resolution 94(46) on April 27, 2001,
as determined in accordance with regulations promulgated by the
Secretary.''.
SEC. 5. STUDY.
(a) Administration.--The Commandant of the Coast Guard shall offer
to enter into a contract with the National Academy of Sciences to
conduct a study to assess the total economic cost of oil spills, and
the types of costs resulting from oil spills, in the United States.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Commandant of the Coast Guard shall submit to Congress a
report describing the results of the study.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on
January 1, 2005.
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