[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 684 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 684

 To provide the Coast Guard and NOAA with additional authorities under 
 the Oil Pollution Act of 1990, to strengthen the Oil Pollution Act of 
                     1990, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 24, 2009

Ms. Cantwell (for herself and Mr. Kerry) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To provide the Coast Guard and NOAA with additional authorities under 
 the Oil Pollution Act of 1990, to strengthen the Oil Pollution Act of 
                     1990, 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 Pollution Prevention and 
Response Act of 2009''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Definitions.
                   Title I--Prevention of Oil Spills

                   Subtitle A--Coast Guard Provisions

Sec. 101. Rulemakings. 
Sec. 102. Oil spill response capability.
Sec. 103. Inspections by Coast Guard.
Sec. 104. Oil transfers from vessels. 
Sec. 105. Improvements to reduce human error and near-miss incidents. 
Sec. 106. Navigational measures for protection of natural resources.
Sec. 107. Olympic Coast National Marine Sanctuary.
Sec. 108. Higher volume port area regulatory definition change.
Sec. 109. Prevention of small oil spills.
Sec. 110. Improved coordination with tribal governments. 
Sec. 111. Notification requirements.
Sec. 112. Cooperative State inspection authority.
Sec. 113. Tug escorts for laden oil tankers.
Sec. 114. Tank and non-tank vessel response plans.
Sec. 115. Report on the availability of technology to detect the loss 
                            of oil.
 Subtitle B--National Oceanic and Atmospheric Administration Provisions

Sec. 151. Hydrographic surveys.
Sec. 152. Electronic navigational charts.
                           Title II--Response

Sec. 201. Rapid response system.
Sec. 202. Coast Guard oil spill database.
Sec. 203. Use of oil spill liability trust fund.
Sec. 204. Extension of financial responsibility.
Sec. 205. Liability for use of unsafe single-hull vessels.
Sec. 206. International efforts on enforcement. 
Sec. 207. Investment of amounts in damage assessment and restoration 
                            revolving fund.
             Title III--Research and Miscellaneous Reports

Sec. 301. Federal Oil Spill Research Committee.
Sec. 302. Grant project for development of cost-effective detection 
                            technologies.
Sec. 303. Status of implementation of recommendations by the National 
                            Research Council.
Sec. 304. GAO report.
Sec. 305. Oil transportation infrastructure analysis.
Sec. 306. Oil spills in icy and Arctic conditions.

SEC. 3. FINDINGS.

    The Congress finds the following:
            (1) Oil released into the Nation's marine waters can cause 
        substantial, and in some cases irreparable, harm to the marine 
        environment.
            (2) The economic impact of oil spills is substantial. 
        Billions of dollars have been spent in the United States for 
        cleanup of, and damages due to, oil spills; while many social, 
        cultural, economic, and environmental damages remain 
        uncompensated.
            (3) The Oil Pollution Act of 1990, enacted in response to 
        the worst vessel oil spill in United States history, 
        substantially reduced the amount of oil spills from vessels. 
        However, significant volumes of oil continue to be released, 
        and the potential for a major spill remains unacceptably high.
            (4) Although the total number of oil spills from vessels 
        has decreased since passage of the Oil Pollution Act of 1990, 
        more oil was spilled in 2004 from vessels nationwide than was 
        spilled from vessels in 1992.
            (5) Waterborne transportation of oil in the United States 
        continues to increase.
            (6) Although the number of oil spills from tankers declined 
        from 193 in 1992 to 36 in 2004, spills from oil tankers tend to 
        be large with devastating impacts.
            (7) While the number of oil spills from tank barges has 
        declined since 1992 (322 spills to 141 spills in 2004), the 
        volume of oil spilled from tank barges has remained constant at 
        approximately 200,000 gallons spilled each year.
            (8) Oil spills from non-tank vessels averaged between 
        125,000 gallons and 400,000 gallons per year from 1992 through 
        2004 and accounted for over half of the total number of spills 
        from all sources, including vessels and non-vessel sources.
            (9) Recent spills involving significant quantities of oil 
        have occurred off the coasts of Alaska, Maine, Massachusetts, 
        Oregon, Virginia, and Washington, and involved barges, tank 
        vessels, and non-tank vessels. The value of waterfront 
        property, sport, commercial and tribal treaty fisheries, 
        recreation, tourism, and threatened and endangered species 
        continue to increase.
            (10) It is more cost-effective to prevent oil spills than 
        it is to clean-up oil once it is released into the environment.
            (11) Of the 20 major vessel oil spill incidents since 1990 
        where liability limits have been exceeded, 10 involved tank 
        barges, 8 involved non-tank vessels, 2 involved tankers, and 
        only 1 involved a vessel that was double-hulled.
            (12) Although recent technological improvements in oil 
        tanker design, such as double hulls and redundant steering, 
        increase tanker safety, these technologies are not a panacea 
        and cannot ensure against oil spills, the leading cause of 
        which is human error.
            (13) The Federal Government has a responsibility to protect 
        the Nation's natural resources, public health, and environment 
        by improving Federal measures to prevent and respond to oil 
        spills.
            (14) Environmentally fragile coastal areas are vitally 
        important to local economies and the way of life in coastal 
        States and federally recognized tribal governments. These areas 
        are particularly vulnerable to the threat of oil spills. 
        Coastal waters contribute approximately 75 percent of all 
        commercial shellfish and finfish catches, and over 81 percent 
        of all recreational fishing catches in the United States, 
        outside of Alaska and Hawaii.
            (15) The northern coast of Washington State and entrance to 
        Puget Sound is the principal corridor conveying Pacific Rim 
        commerce into the State, to Canada's largest port, and to the 
        United States third largest naval complex. The area contains a 
        National Marine Sanctuary, a National Park, and many National 
        Wildlife Refuges contiguous with marine waters.
            (16) State, local, and tribal governments have important 
        human resources and spill response capabilities which can 
        contribute to response efforts in the event of a significant 
        oil spill. State, local, and tribal governments may have unique 
        local knowledge of natural resources which can improve the 
        quality of spill response. For these reasons, State, local and 
        tribal governments need appropriate information to have 
        knowledge of spills, as well as incidents and activities that 
        may result in a spill, which can impact State waters.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Area to be avoided.--The term ``area to be avoided'' 
        means a routing measure established by the International 
        Maritime Organization as an area to be avoided.
            (2) Coastal state.--The term ``coastal State'' has the 
        meaning given that term by section 304(4) of the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1453(4)).
            (3) Commandant.--The term ``Commandant'' means the 
        Commandant of the Coast Guard.
            (4) Non-tank vessel.--The term ``non-tank vessel'' means a 
        self-propelled vessel other than a tank vessel.
            (5) Oil.--The term ``oil'' has the meaning given that term 
        by section 1001(23) of the Oil Pollution Act of 1990 (33 U.S.C. 
        2701(23)).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the department in which the Coast Guard is operating except 
        where otherwise explicitly stated.
            (7) Tank vessel.--The term ``tank vessel'' has the meaning 
        given that term by section 1001(34) of the Oil Pollution Act of 
        1990 (33 U.S.C. 2701(34)).
            (8) Waters subject to the jurisdiction of the United 
        States.--The term ``waters subject to the jurisdiction of the 
        United States'' means navigable waters (as defined in section 
        1001(21) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(21)) 
        as well as--
                    (A) the territorial sea of the United States as 
                defined in Presidential Proclamation Number 5928 of 
                December 27, 1988; and
                    (B) the Exclusive Economic Zone of the United 
                States established by Presidential Proclamation Number 
                5030 of March 10, 1983.
            (9) Other terms.--The terms ``facility'', ``gross ton'', 
        ``exclusive economic zone'', ``incident'', ``oil'', ``tank 
        vessel'', ``territorial seas'', and ``vessel'' have the meaning 
        given those terms in section 1001 of the Oil Pollution Act of 
        1990 (33 U.S.C. 2701).

                   TITLE I--PREVENTION OF OIL SPILLS

                   Subtitle A--Coast Guard Provisions

SEC. 101. RULEMAKINGS.

    (a) Status Report.--
            (1) In general.--Within 90 days after the date of enactment 
        of this Act, the Secretary shall provide a report to the Senate 
        Committee on Commerce, Science, and Transportation and the 
        House of Representatives Committee on Transportation and 
        Infrastructure on the status of all Coast Guard rulemakings 
        required (but for which no final rule has been issued as of the 
        date of enactment of this Act)--
                    (A) under the Oil Pollution Act of 1990 (33 U.S.C. 
                2701 et seq.);
                    (B) under section 311 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1321) as amended by 
                section 701 of the Coast guard and Maritime 
                Transportation Act of 2004 (Public Law 108-293); and
                    (C) for--
                            (i) automatic identification systems 
                        required under section 70114 of title 46, 
                        United States Code; and
                            (ii) inspection requirements for towing 
                        vessels required under section 3306(j) of that 
                        title.
            (2) Information required.--The Secretary shall include in 
        the report required by paragraph (1)--
                    (A) a detailed explanation with respect to each 
                such rulemaking as to--
                            (i) what steps have been completed;
                            (ii) what areas remain to be addressed; and
                            (iii) the cause of any delays; and
                    (B) the date by which a final rule may reasonably 
                be expected to be issued.
    (b) Final Rules.--The Secretary shall issue a final rule in each 
pending rulemaking under the Oil Pollution Act of 1990 (33 U.S.C. 2701 
et seq.), and under section 311 of the Federal Water Pollution Control 
Act (33 U.S.C. 1321) as amended by section 701 of the Coast guard and 
Maritime Transportation Act of 2004 (Public Law 108-293) as soon as 
practicable, but in no event later than 18 months after the date of 
enactment of this Act.

SEC. 102. OIL SPILL RESPONSE CAPABILITY.

    (a) Safety Standards for Towing Vessels.--In promulgating 
regulations for towing vessels under chapter 33 of title 46, United 
States Code, the Secretary of the department in which the Coast Guard 
is operating shall--
            (1) give priority to completing such regulations for towing 
        operations involving tank vessels; and
            (2) consider the possible application of standards that, as 
        of the date of enactment of this Act, apply to self-propelled 
        tank vessels, and any modifications that may be necessary for 
        application to towing vessels due to ship design, safety, and 
        other relevant factors.
    (b) Reduction of Oil Spill Risk in Buzzards Bay.--Section 8502(g) 
of title 46, United States Code, is amended by adding at the end 
thereof the following:
            ``(3) In any area of Buzzards Bay, Massachusetts, where a 
        single-hull tank vessel carrying 5,000 or more barrels of oil 
        or other hazardous material is required to be under the 
        direction and control of a pilot licensed under section 7101 of 
        this title, the pilot may not be a member of the crew of that 
        vessel and shall be a pilot licensed by the Commonwealth of 
        Massachusetts who is operating under a Federal license.''.
    (c) Reporting.--The Secretary shall transmit an annual report to 
the Senate Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Resources on the extent to which 
tank vessels in Buzzards Bay, Massachusetts, are using routes 
recommended by the Coast Guard.

SEC. 103. INSPECTIONS BY COAST GUARD.

    (a) In General.--The Secretary shall ensure that the inspection 
schedule for all United States and foreign-flag tank vessels that enter 
a United States port or place increases the frequency and 
comprehensiveness of Coast Guard safety inspections based on such 
factors as vessel age, hull configuration, past violations of any 
applicable discharge and safety regulations under United States and 
international law, indications that the class societies inspecting such 
vessels may be substandard, and other factors relevant to the potential 
risk of an oil spill.
    (b) Enhanced Verification of Structural Condition.--The Coast Guard 
shall adopt, as part of its inspection requirements for tank vessels, 
additional procedures for enhancing the verification of the reported 
structural condition of such vessels, taking into account the Condition 
Assessment Scheme adopted by the International Maritime Organization by 
Resolution 94(46) on April 27, 2001.

SEC. 104. OIL TRANSFERS FROM VESSELS.

    (a) Regulations.--Within 1 year after the date of enactment of this 
Act, the Secretary shall promulgate regulations to reduce the risks of 
oil spills in operations involving the transfer of oil from or to a 
tank vessel. The regulations--
            (1) shall focus on operations that have the highest risks 
        of discharge, including operations at night and in inclement 
        weather;
            (2) shall consider--
                    (A) requirements for use of equipment, such as 
                putting booms in place for transfers, safety, and 
                environmental impacts;
                    (B) operational procedures such as manning 
                standards, communications protocols, and restrictions 
                on operations in high-risk areas; or
                    (C) both such requirements and operational 
                procedures; and
            (3) shall take into account the safety of personnel and 
        effectiveness of available procedures and equipment for 
        preventing or mitigating transfer spills.
    (b) Application with State Laws.--The regulations promulgated under 
subsection (a) do not preclude the enforcement of any State law or 
regulation the requirements of which are at least as stringent as 
requirements under the regulations (as determined by the Secretary) 
that--
            (1) applies in State waters;
            (2) does not conflict with, or interfere with the 
        enforcement of, requirements and operational procedures under 
        the regulations; and
            (3) has been enacted or promulgated before the date of 
        enactment of this Act.

SEC. 105. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR-MISS INCIDENTS.

    (a) Report.--Within 1 year after the date of enactment of this Act, 
the Secretary shall transmit a report to the Senate Committee on 
Commerce, Science, and Transportation, the Senate Committee on 
Environment and Public Works, and the House of Representatives 
Committee on Transportation and Infrastructure that, using available 
data--
            (1) identifies the types of human errors that, combined, 
        account for over 50 percent of all oil spills involving vessels 
        that have been caused by human error in the past 10 years;
            (2) identifies the most frequent types of near-miss oil 
        spill incidents involving vessels such as collisions, 
        groundings, and loss of propulsion in the past 10 years;
            (3) describes the extent to which there are gaps in the 
        data with respect to the information required under paragraphs 
        (1) and (2) and explains the reason for those gaps; and
            (4) includes recommendations by the Secretary to address 
        the identified types of errors and incidents and to address any 
        such gaps in the data.
    (b) Measures.--Based on the findings contained in the report 
required by subsection (a), the Secretary shall take appropriate 
action, both domestically and at the International Maritime 
Organization, to reduce the risk of oil spills from human errors.

SEC. 106. NAVIGATIONAL MEASURES FOR PROTECTION OF NATURAL RESOURCES.

    (a) Designation of At-risk Areas.--The Secretary and the Under 
Secretary of Commerce for Oceans and Atmosphere shall jointly identify 
areas where routing or other navigational measures are warranted in 
waters subject to the jurisdiction of the United States to reduce the 
risk of oil spills and potential damage to natural resources. In 
identifying those areas, the Secretary and the Under Secretary shall 
give priority consideration to natural resources of particular 
ecological importance or economic importance, including commercial 
fisheries, aquaculture facilities, marine sanctuaries designated by the 
Secretary of Commerce pursuant to the National Marine Sanctuaries Act 
(16 U.S.C. 1431 et seq.), estuaries of national significance designated 
under section 319 of the Federal Water Pollution Control Act (33 U.S.C. 
1330), critical habitats (as defined in section 3(5) of the Endangered 
Species Act of 1973 (16 U.S.C. 1532(5)), estuarine research reserves 
within the National Estuarine Research Reserve System established by 
section 315 of the Coastal Zone Management Act of 1972, and national 
parks and national seashores administered by the National Park Service 
under the National Park Service Organic Act (16 U.S.C. 1 et seq.).
    (b) Factors Considered.--In determining whether navigational 
measures are warranted, the Secretary and the Under Secretary shall 
consider, at a minimum--
            (1) the frequency of transits of vessels required to 
        prepare a response plan under section 311(j) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1321(j));
            (2) the type and quantity of oil transported as cargo or 
        fuel;
            (3) the expected benefits of routing measures in reducing 
        risks of spills;
            (4) the costs of such measures;
            (5) the safety implications of such measures; and
            (6) the nature and value of the resources to be protected 
        by such measures.
    (c) Establishment of Routing and Other Navigational Measures.--The 
Secretary shall establish such routing or other navigational measures 
for areas identified under subsection (a).
    (d) Establishment of Avoidance Areas.--To the extent that the 
Secretary and the Under Secretary conclude that the establishment of 
areas to be avoided is warranted under this section, they shall seek to 
establish such areas through the International Maritime Organization or 
establish comparable areas pursuant to regulations and in a manner that 
is consistent with international law.
    (e) Oil Shipment Data and Report.--
            (1) Data collection.--The Secretary, through the Commandant 
        and in consultation with the Army Corps of Engineers, shall 
        analyze data on oil transported as cargo on vessels in the 
        navigable waters of the United States, including information 
        on--
                    (A) the quantity and type of oil being transported;
                    (B) the vessels used for such transportation;
                    (C) the frequency with which each type of oil is 
                being transported; and
                    (D) the point of origin, transit route, and 
                destination of each such shipment of oil.
            (2) Report.--The Secretary shall transmit a report, not 
        less frequently than quarterly, to the Senate Committee on 
        Commerce, Science, and Transportation and the House of 
        Representatives Committee on Energy and Commerce, on the data 
        collected and analyzed under paragraph (1) in a format that 
        does not disclose information exempted from disclosure under 
        section 552b(e) of title 5, United States Code.

SEC. 107. OLYMPIC COAST NATIONAL MARINE SANCTUARY.

    (a) Olympic Coast National Marine Sanctuary Area To Be Avoided.--
The Secretary 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 under 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).
    (b) Emergency Oil Spill Drill.--
            (1) In general.--In cooperation with the Secretary, the 
        Under Secretary of Commerce for Oceans and Atmosphere shall 
        conduct a Safe Seas oil spill drill in the Olympic Coast 
        National Marine Sanctuary in fiscal year 2010. The Secretary 
        and the Under Secretary of Commerce for Oceans and Atmosphere 
        jointly shall coordinate with other Federal agencies, State, 
        local, and tribal governmental entities, and other appropriate 
        entities, in conducting this drill.
            (2) Other required drills.--Nothing in this subsection 
        supersedes any Coast Guard requirement for conducting emergency 
        oil spill drills in the Olympic Coast National Marine 
        Sanctuary. The Secretary shall consider conducting regular 
        field exercises, such as National Preparedness for Response 
        Exercise Program (PREP) in other national marine sanctuaries as 
        well as areas identified in section 106(a) of this bill.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to the Under Secretary of Commerce for 
        Oceans and Atmosphere for fiscal year 2010 $700,000 to carry 
        out this subsection.

SEC. 108. HIGHER VOLUME PORT AREA REGULATORY DEFINITION CHANGE.

    (a) In General.--Within 30 days after the date of enactment of this 
Act, notwithstanding subchapter 5 of title 5, United States Code, the 
Commandant shall modify the definition of the term ``higher volume port 
area'' in section 155.1020 of the Coast Guard regulations (33 C.F.R. 
155.1020) by striking ``Port Angeles, WA'' in paragraph (13) of that 
section and inserting ``Cape Flattery, WA'' without initiating a 
rulemaking proceeding.
    (b) Emergency Response Plan Reviews.--Within 5 years after the date 
of enactment of this Act, the Coast Guard shall complete its review of 
any changes to emergency response plans pursuant to the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.) resulting from the 
modification of the higher volume port area definition required by 
subsection (a).

SEC. 109. PREVENTION OF SMALL OIL SPILLS.

    (a) In General.--The Under Secretary of Commerce for Oceans and 
Atmosphere, in consultation with 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, 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 College Program 
Act (33 U.S.C. 1126) and to State agencies, tribal governments, and 
other appropriate entities to carry out--
            (1) regional assessments to quantify the source, incidence 
        and volume of small oil spills, focusing initially on regions 
        in the country where, in the past 10 years, the incidence of 
        such spills is estimated to be the highest;
            (2) voluntary, incentive-based clean marina programs that 
        encourage marina operators, recreational boaters and small 
        commercial vessel operators to engage in environmentally sound 
        operating and maintenance procedures and best management 
        practices to prevent or reduce pollution from oil spills and 
        other sources;
            (3) cooperative oil spill prevention education programs 
        that promote public understanding of the impacts of spilled oil 
        and provide useful information and techniques to minimize 
        pollution including methods to remove oil and reduce oil 
        contamination of bilge water, prevent accidental spills during 
        maintenance and refueling and properly cleanup and dispose of 
        oil and hazardous substances; and
            (4) support for programs, including outreach and education 
        to address derelict vessels and the threat of such vessels 
        sinking and discharging oil and other hazardous substances, 
        including outreach and education to involve efforts to the 
        owners of such vessels.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary of Commerce for Oceans and 
Atmosphere to carry out this section, $10,000,000 annually for each of 
fiscal years 2010 through 2014.

SEC. 110. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS.

    (a) In General.--Within 6 months after the date of enactment of 
this Act, the Secretary shall complete the development of a tribal 
consultation policy, which recognizes and protects to the maximum 
extent practicable tribal treaty rights and trust assets in order to 
improve the Coast Guard's consultation and coordination with the tribal 
governments of federally recognized Indian tribes with respect to oil 
spill prevention, preparedness, response and natural resource damage 
assessment.
    (b) Inclusion of Tribal Government.--The Secretary shall ensure 
that, as soon as practicable after identifying an oil spill that is 
likely to have a significant impact on natural or cultural resources 
owned or directly utilized by a federally recognized Indian tribe, the 
Coast Guard will--
            (1) ensure that representatives of the tribal government of 
        the affected tribes are included as part of the incident 
        command system established by the Coast Guard to respond to the 
        spill;
            (2) share information about the oil spill with the tribal 
        government of the affected tribe; and
            (3) to the extent practicable, involve tribal governments 
        in deciding how to respond to such spill.
    (c) Cooperative Arrangements.--The Coast Guard may enter into 
memoranda of agreement and associated protocols with Indian tribal 
governments in order to establish cooperative arrangements for oil 
pollution prevention, preparedness, and response. Such memoranda may be 
entered into prior to the development of the tribal consultation and 
coordination policy to provide Indian tribes grant and contract 
assistance. Such memoranda of agreement and associated protocols with 
Indian tribal governments may include--
            (1) arrangements for the assistance of the tribal 
        government to participate in the development of the National 
        Contingency Plan and local Area Contingency Plans to the extent 
        they affect tribal lands, cultural and natural resources;
            (2) arrangements for the assistance of the tribal 
        government to develop the capacity to implement the National 
        Contingency Plan and local Area Contingency Plans to the extent 
        they affect tribal lands, cultural and natural resources;
            (3) provisions on coordination in the event of a spill, 
        including agreements that representatives of the tribal 
        government will be included as part of the regional response 
        team co-chaired by the Coast Guard and the Environmental 
        Protection Agency to establish policies for responding to oil 
        spills;
            (4) arrangements for the Coast Guard to provide training of 
        tribal incident commanders and spill responders for oil spill 
        preparedness and response;
            (5) demonstration projects to assist tribal governments in 
        building the capacity to protect tribal treaty rights and trust 
        assets from oil spills; and
            (6) such additional measures the Coast Guard determines to 
        be necessary for oil pollution prevention, preparedness, and 
        response.
    (d) Funding for Tribal Participation.--Subject to the availability 
of appropriations, the Commandant of the Coast Guard shall provide 
assistance to participating tribal governments in order to facilitate 
the implementation of cooperative arrangements under subsection (c) and 
ensure the participation of tribal governments in such arrangements. 
There are authorized to be appropriated to the Commandant $500,000 for 
each of fiscal years 2010 through 2014 to be used to carry out this 
section.

SEC. 111. NOTIFICATION REQUIREMENTS.

    (a) Marine Casualties.--Section 6101 of title 46, United States 
Code, is amended by adding at the end the following:
    ``(j) Notice to States and Tribal Governments.--Within 1 hour after 
receiving a report under this section, the Secretary shall forward the 
report to each State and federally recognized Indian tribal government 
that has jurisdiction concurrent with the United States or adjacent to 
waters in which the casualty occurred. Each State shall identify for 
the Secretary the agency to which such reports shall be forwarded and 
shall be responsible for forwarding appropriate information to local 
and tribal governments within its jurisdiction.''.
    (b) State-required Notice of Bulk Oil Transfers.--Notwithstanding 
any other provision of law, a coastal State may, by law, require a 
person to provide notice of 24 hours or more to the State and to the 
United States Coast Guard before transferring oil in bulk in an amount 
equivalent to 250 barrels or more to, from, or within a vessel in State 
waters. The Commandant may assist coastal States in developing 
appropriate methodologies for joint Federal and State notification of 
any such transfers to minimize any potential burden to vessels.

SEC. 112. COOPERATIVE STATE INSPECTION AUTHORITY.

    (a) In General.--The Secretary is authorized to execute a joint 
enforcement agreement with the Governor of a coastal state that meets 
the requirements of subsection (b) under which--
            (1) State law enforcement officers with marine law 
        enforcement responsibilities may be authorized to perform 
        duties of the Secretary relating to law enforcement provisions 
        under this title or any other marine resource law enforced by 
        the Secretary; and
            (2) State inspectors are authorized to conduct inspections 
        of United States and foreign-flag vessels in United States 
        ports under the supervision of the Coast Guard and report and 
        refer any documented deficiencies or violations to the Coast 
        Guard for action.
    (b) State Qualifications.--To be eligible to participate in a joint 
enforcement agreement under subsection (a), a coastal state shall--
            (1) submit an application to the Secretary at such time, in 
        such form, and containing such information as the Secretary may 
        require; and
            (2) demonstrate to the satisfaction of the Secretary that--
                    (A) its State inspectors possess, or qualify for, a 
                merchant mariner officer or engineer license for at 
                least a 1,600 gross-ton vessel under subchapter B of 
                title 46, Code of Federal Regulations;
                    (B) it has established support for its inspection 
                program to track, schedule, and monitor shipping 
                traffic within its waters; and
                    (C) it has a funding mechanism to maintain an 
                inspection program for at least 5 years.
    (c) Technical Support and Training.--The Secretary may provide 
technical support and training for State inspectors who participate in 
a joint enforcement agreement under this section.

SEC. 113. TUG ESCORTS FOR LADEN OIL TANKERS.

    Within 1 year after the date of enactment of this Act, the 
Secretary of State, in consultation with the Commandant, shall enter 
into negotiations with the Government of Canada to ensure that tugboat 
escorts are required for all tank ships with a capacity over 40,000 
deadweight tons in the Strait of Juan de Fuca, Strait of Georgia, and 
in Haro Strait. The Commandant shall consult with the State of 
Washington and affected tribal governments during negotiations with the 
Government of Canada.

SEC. 114. TANK AND NON-TANK VESSEL RESPONSE PLANS.

    Within 1 year after the date of enactment of this Act, the 
Secretary shall promulgate regulations authorizing owners and operators 
of tank and non-tank vessel to form non-profit cooperatives for the 
purpose of complying with section 311(j) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(j)).

SEC. 115. REPORT ON THE AVAILABILITY OF TECHNOLOGY TO DETECT THE LOSS 
              OF OIL.

    Within 1 year after the date of enactment of this Act, the 
Secretary shall submit a report to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Energy and Commerce on the availability, feasibility, and potential 
cost of technology to detect the loss of oil carried as cargo or as 
fuel on tank and non-tank vessels greater than 400 gross tons.

 Subtitle B--National Oceanic and Atmospheric Administration Provisions

SEC. 151. HYDROGRAPHIC SURVEYS.

    (a) Reduction of Backlog.--The Under Secretary of Commerce for 
Oceans and Atmosphere shall continue survey operations to reduce the 
survey backlog in navigationally significant waters outlined in its 
National Survey Plan, concentrating on areas where oil and other 
hazardous materials are transported.
    (b) New Surveys.--By no later than January 1, 2012, the Under 
Secretary shall complete new surveys, together with necessary data 
processing, analysis, and dissemination, for all areas in United States 
coastal areas determined by the Under Secretary to be critical areas.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary for the purpose of carrying out the 
new surveys required by subsection (b) such sums as may be necessary 
for each of fiscal years 2010 through 2012.

SEC. 152. ELECTRONIC NAVIGATIONAL CHARTS.

    (a) In General.--By no later than September 1, 2010, the Under 
Secretary of Commerce for Oceans and Atmosphere shall complete the 
electronic navigation chart suite for all coastal waters of the United 
States.
    (b) Priorities.--In completing the suite, the Under Secretary shall 
give priority to producing and maintaining the electronic navigation 
charts of the entrances to major ports and the coastal transportation 
routes for oil and hazardous materials, and for estuaries of national 
significance designated under section 319 of the Federal Water 
Pollution Control Act (33 U.S.C. 1330).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary for the purpose of completing the 
electronic navigation chart suite $6,200,000 for fiscal year 2010.

                           TITLE II--RESPONSE

SEC. 201. RAPID RESPONSE SYSTEM.

    The Under Secretary of Commerce for Oceans and Atmosphere shall 
develop and implement a rapid response system to collect and predict in 
situ information about oil spill behavior, trajectory and impacts, and 
a mechanism to provide such information rapidly to Federal, State, 
tribal, and other entities involved in a response to an oil spill.

SEC. 202. COAST GUARD OIL SPILL DATABASE.

    The Secretary shall modify the Coast Guard's oil spill database as 
necessary to ensure that it--
            (1) includes information on the cause of oil spills 
        maintained in the database;
            (2) is capable of facilitating the analysis of trends and 
        the comparison of accidents involving oil spills; and
            (3) makes the data available to the public.

SEC. 203. USE OF OIL SPILL LIABILITY TRUST FUND.

    (a) In General.--Section 1012(a)(5) of the Oil Pollution Act of 
1990 (33 U.S.C. 2712(a)(5)) is amended--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively; and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) not more than $15,000,000 in each fiscal year 
                shall be available to the Under Secretary of Commerce 
                for Oceans and Atmosphere for expenses incurred by, and 
                activities related to, response and damage assessment 
                capabilities of the National Oceanic and Atmospheric 
                Administration;''.
    (b) Use of Fund in National Emergencies.--Notwithstanding any 
provision of the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) to 
the contrary, no amount may be made available from the Oil Spill 
Liability Trust Fund established by section 9509 of the Internal 
Revenue Code of 1986 for claims described in section 1012(a)(4) of that 
Act (33 U.S.C. 2712(a)(4)) attributable to any national emergency or 
major disaster declared by the President under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

SEC. 204. EXTENSION OF FINANCIAL RESPONSIBILITY.

    Section 1016(a) of the Oil Pollution Act of 1990 (33 U.S.C. 
2716(a)) is amended--
            (1) by striking ``or'' after the semicolon in paragraph 
        (1);
            (2) by inserting ``or'' after the semicolon in paragraph 
        (2); and
            (3) by inserting after paragraph (2) the following:
            ``(3) any tank vessel over 100 gross tons (except a non-
        self-propelled vessel that does not carry oil as cargo) using 
        any place subject to the jurisdiction of the United States;''.

SEC. 205. LIABILITY FOR USE OF UNSAFE SINGLE-HULL VESSELS.

    Section 1001(32) of the Oil Pollution Act of 1990 (33 U.S.C. 
2702(d)) is amended by striking subparagraph (A) and inserting the 
following:
                    ``(A) Vessels.--In the case of a vessel--
                            ``(i) any person owning, operating, or 
                        demise chartering the vessel; and
                            ``(ii) the owner of oil being transported 
                        in a tank vessel with a single hull after 
                        December 31, 2010, if the owner of the oil 
                        knew, or should have known, from publicly 
                        available information that the vessel had a 
                        poor safety or operational record.''.

SEC. 206. INTERNATIONAL EFFORTS ON ENFORCEMENT.

    The Secretary, in consultation with the heads of other appropriate 
Federal agencies, shall ensure that the Coast Guard pursues stronger 
enforcement in the International Maritime Organization of agreements 
related to oil discharges, including joint enforcement operations, 
training, and stronger compliance mechanisms.

SEC. 207. INVESTMENT OF AMOUNTS IN DAMAGE ASSESSMENT AND RESTORATION 
              REVOLVING FUND.

    The Secretary of the Treasury shall invest such portion of the 
damage assessment and restoration revolving fund described in title I 
of the Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1991 (33 U.S.C. 2706 note) as is 
not, in the Secretary's judgment, required to meet current withdrawals 
in interest-bearing obligations of the United States in accordance with 
section 9602 of the Internal Revenue Code of 1986.

             TITLE III--RESEARCH AND MISCELLANEOUS REPORTS

SEC. 301. FEDERAL OIL SPILL RESEARCH COMMITTEE.

    (a) Establishment.--There is established a committee to be known as 
the Federal Oil Spill Research Committee.
    (b) Membership.--The members of the Committee shall be designated 
by the Under Secretary of Commerce for Oceans and Atmosphere and shall 
include representatives from the National Oceanic and Atmospheric 
Administration, the United States Coast Guard, the Environmental 
Protection Agency, and such other Federal agencies as the President may 
designate. A representative of the National Oceanic and Atmospheric 
Administration, designated by the Under Secretary, shall serve as 
Chairman.
    (c) Duties.--The Committee shall coordinate a comprehensive program 
of oil pollution research, technology development, and demonstration 
among the Federal agencies, in cooperation and coordination with 
industry, universities, research institutions, State governments, 
tribal governments, and other nations, as appropriate, and shall foster 
cost-effective research mechanisms, including the joint funding of 
research.
    (d) Reports to Congress.--
            (1) Not later than 180 days after the date of enactment of 
        this Act, the Committee shall submit to Congress a report on 
        the current state of oil spill prevention and response 
        capabilities that--
                    (A) identifies current research programs conducted 
                by governments, universities, and corporate entities;
                    (B) assesses the current status of knowledge on oil 
                pollution prevention, response, and mitigation 
                technologies;
                    (C) establishes national research priorities and 
                goals for oil pollution technology development related 
                to prevention, response, mitigation, and environmental 
                effects;
                    (D) identifies regional oil pollution research 
                needs and priorities for a coordinated program of 
                research at the regional level developed in 
                consultation with the State and local governments, 
                tribes;
                    (E) assesses the current state of spill response 
                equipment, and determines areas in need of improvement 
                including amount, age, quality, effectiveness, or 
                necessary technological improvements;
                    (F) assesses the current state of real time data 
                available to mariners, including water level, currents 
                and weather information and predictions, and assesses 
                whether lack of timely information increases the risk 
                of oil spills; and
                    (G) includes such recommendations as the Committee 
                deems appropriate.
            (2) Quinquennial updates.--The Committee shall submit a 
        report every fifth year after its first report under paragraph 
        (1) updating the information contained in its previous report 
        under this subsection.
    (e) Advice and Guidance.--The Committee shall accept comments and 
input from State and local governments, Indian tribes, industry 
representatives, and other stakeholders.
    (f) National Academy of Science Participation.--The Chairman, 
through the National Oceanic and Atmospheric Administration, shall 
contract with the National Academy of Sciences to--
            (1) provide advice and guidance in the preparation and 
        development of the research plan; and
            (2) assess the adequacy of the plan as submitted, and 
        submit a report to Congress on the conclusions of such 
        assessment.
    (g) Research and Development Program.--
            (1) In general.--The Committee shall establish a program 
        for conducting oil pollution research and development. Within 
        180 days after submitting its report to the Congress under 
        subsection (d), the Committee shall submit to Congress a plan 
        for the implementation of the program.
            (2) Program elements.--The program established under 
        paragraph (1) shall provide for research, development, and 
        demonstration of new or improved technologies which are 
        effective in preventing, detecting, or mitigating oil 
        discharges and which protect the environment, and include--
                    (A) high priority research areas described in the 
                report;
                    (B) environmental effects of acute and chronic oil 
                spills;
                    (C) long-term effects of major spills and the long-
                term cumulative effects of smaller endemic spills;
                    (D) new technologies to detect accidental or 
                intentional overboard discharges;
                    (E) response capabilities, such as improved booms, 
                oil skimmers, and storage capacity;
                    (F) methods to restore and rehabilitate natural 
                resources damaged by oil discharges; and
                    (G) research and training, in consultation with the 
                National Response Team, to improve industry's and 
                Government's ability to remove an oil discharge quickly 
                and effectively.
    (h) Grant Program.--
            (1) In general.--The Under Secretary of Commerce for Oceans 
        and Atmosphere shall manage a program of competitive grants to 
        universities or other research institutions, or groups of 
        universities or research institutions, for the purposes of 
        conducting the program established under subsection (g).
            (2) Applications and conditions.--In conducting the 
        program, the Under Secretary--
                    (A) shall establish a notification and application 
                procedure;
                    (B) may establish such conditions, and require such 
                assurances, as may be appropriate to ensure the 
                efficiency and integrity of the grant program; and
                    (C) may make grants under the program on a matching 
                or nonmatching basis.
    (i) Facilitation.--The Committee may develop memoranda of agreement 
or memoranda of understanding with universities, States, or other 
entities to facilitate the research program.
    (j) Annual Reports.--The chairman of the Committee shall submit an 
annual report to Congress on the activities carried out under this 
section in the preceding fiscal year, and on activities proposed to be 
carried out under this section in the current fiscal year.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Commerce to carry out this section--
            (1) $200,000 for fiscal year 2010, to remain available 
        until expended, for contracting with the National Academy of 
        Sciences and other expenses associated with developing the 
        report and research program; and
            (2) $2,000,000 for each of fiscal years 2010, 2011, and 
        2012, to remain available until expended, to fund grants under 
        subsection (h).
    (l) Committee Replaces Existing Authority.--The authority provided 
by this section supersedes the authority provided by section 7001 of 
the Oil Pollution Act of 1990 (33 U.S.C. 2761) for the establishment of 
the Interagency Committee on Oil Pollution Research under subsection 
(a) of that section, and that Committee shall cease operations and 
terminate on the date of enactment of this Act.

SEC. 302. GRANT PROJECT FOR DEVELOPMENT OF COST-EFFECTIVE DETECTION 
              TECHNOLOGIES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Commandant shall establish a competitively 
awarded grant program for the development of cost-effective 
technologies, such as infrared, pressure sensors, and remote sensing, 
for detecting discharges of oil from vessels as well as methods and 
technologies for improving detection and recovery of submerged and 
sinking oils.
    (b) Matching Requirement.--The Federal share of any project funded 
under subsection (a) may not exceed 50 percent of the total cost of the 
project.
    (c) Report to Congress.--Not later than 3 years after the date of 
enactment of this Act the Secretary shall provide a report to the 
Senate Committee on Commerce, Science, and Transportation, and to the 
House of Representatives Committee on Transportation and Infrastructure 
on the results of the program.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commandant to carry out this section $2,000,000 for 
each of fiscal years 2010, 2011, and 2012, to remain available until 
expended.
    (e) Transfer Prohibited.--Administration of the program established 
under subsection (a) may not be transferred within the Department of 
Homeland Security or to another department or Federal agency.

SEC. 303. STATUS OF IMPLEMENTATION OF RECOMMENDATIONS BY THE NATIONAL 
              RESEARCH COUNCIL.

    (a) In General.--Within 90 days after the date of enactment of this 
Act, the Secretary shall provide a report to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure on whether the Coast 
Guard has implemented each of the recommendations directed at the Coast 
Guard, or at the Coast Guard and other entities, in the following 
National Research Council reports:
            (1) ``Double-Hull Tanker Legislation, An Assessment of the 
        Oil Pollution Act of 1990'', dated 1998.
            (2) ``Oil in the Sea III, Inputs, Fates and Effects'', 
        dated 2003.
    (b) Content.--The report shall contained a detailed explanation of 
the actions taken by the Coast Guard pursuant to the National Research 
Council reports. If the Secretary determines that the Coast Guard has 
not fully implemented the recommendations, the Secretary shall include 
a detailed explanation of the reasons any such recommendation has not 
been fully implemented, together with any recommendations the Secretary 
deems appropriate for implementing any such non-implemented 
recommendation.

SEC. 304. GAO REPORT.

    Within 1 year after the date of enactment of this Act, the 
Comptroller General shall provide a written report with recommendations 
for reducing the risks and frequency of releases of oil from vessels 
(both intentional and accidental) to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Transportation and Infrastructure that includes the following:
            (1) Continuing oil releases.--A summary of continuing 
        sources of oil pollution from vessels, the major causes of such 
        pollution, the extent to which the Coast Guard or other Federal 
        or State entities regulate such sources and enforce such 
        regulations, possible measures that could reduce such releases 
        of oil.
            (2) Double hulls.--
                    (A) A description of the various types of double 
                hulls, including designs, construction, and materials, 
                authorized by the Coast Guard for United States flag 
                vessels, and by foreign flag vessels pursuant to 
                international law, and any changes with respect to what 
                is now authorized compared to the what was authorized 
                in the past.
                    (B) A comparison of the potential structural and 
                design safety risks of the various types of double 
                hulls described in subparagraph (A) that have been 
                observed or identified by the Coast Guard, or in public 
                documents readily available to the Coast Guard, 
                including susceptibility to corrosion and other 
                structural concerns, unsafe temperatures within the 
                hulls, the build-up of gases within the hulls, ease of 
                inspection, and any other factors affecting reliability 
                and safety.
            (3) Alternative designs for non-tank vessels.--A 
        description of the various types of alternative designs for 
        non-tank vessels to reduce risk of an oil spill, known 
        effectiveness in reducing oil spills, and a summary of how 
        extensively such designs are being used in the United States 
        and elsewhere.
            (4) Response equipment.--An assessment of the sufficiency 
        of oil pollution response and salvage equipment, the quality of 
        existing equipment, new developments in the United States and 
        elsewhere, and whether new technologies are being used in the 
        United States.

SEC. 305. OIL TRANSPORTATION INFRASTRUCTURE ANALYSIS.

    The Secretary of the Department of Homeland Security shall, in 
conjunction with the Secretary of Commerce, the Secretary of 
Transportation, the Administrator of the Environmental Protection 
Agency, and the heads of other appropriate Federal agencies, contract 
with the National Research Council to conduct an analysis of the 
condition and safety of all aspects of oil transportation 
infrastructure in the United States, and provide recommendations to 
improve such safety, including an assessment of the adequacy of 
contingency and emergency plans in the event of a natural disaster or 
emergency.

SEC. 306. OIL SPILLS IN ICY AND ARCTIC CONDITIONS.

    (a) In General.--The Under Secretary of Commerce for Oceans and 
Atmosphere, in conjunction with the Commandant, shall contract with the 
National Research Council to conduct an analysis of oil spill risks and 
response capabilities in the Arctic and other icy conditions, including 
spills under pack ice or in waters with broken ice.
    (b) Content.--At a minimum, the analysis shall include a 
description of oil spill scenarios that could occur in icy 
environments, an assessment of the challenges unique to oil spill 
response operations in icy conditions, an examination of the 
effectiveness of traditional oil spill response methods in icy 
conditions, an assessment of techniques for detecting, mapping, and 
tracking spills in icy environments, and the identification of 
promising new technologies, concepts, and research needs.
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