1.
This Act may be cited as the
Oil Spill Prevention and Liability Act
of 2004
.
2.Definition of
responsible partySection
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)
(i)In the case of a vessel other than a single-hull tank
vessel, any person that owns, operates, or demise charters the vessel.
(ii)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.
.
3.
(a)Increase in
liability limitsSection 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 limitsSection 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 vesselsThe 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)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
.
4.Carriage of
liquid bulk dangerous cargoes
(a)Conditions for
entry to ports in the United StatesSection 9 of the Ports and
Waterways Safety Act (33 U.S.C. 1228) is amended by adding at the end the
following:
(c)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, request the Secretary of the
department in which the Coast Guard is located to place restrictions on the
entry into port of the shipment of an individual tank vessel, or class of tank
vessels, that presents a risk of severe harm to the environment, economy, or
public safety of the port or port region.
.
(b)Inspection and
examinationSection 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.
.
5.
(a)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)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.
6.
This Act and the amendments made
by this Act take effect on January 1, 2005.